Florida Senate - 2009 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 360
Barcode 954204
578-01996C-09
Proposed Committee Substitute by the Committee on Community
Affairs
1 A bill to be entitled
2 An act relating to growth management; providing a
3 short title; amending s. 163.3164, F.S.; providing a
4 definition for the term “dense urban land area”;
5 amending s. 163.3177, F.S.; extending dates relating
6 to requirements for adopting amendments to the capital
7 improvements element of a local comprehensive plan;
8 deleting a penalty for local governments that fail to
9 adopt a public school facilities element and
10 interlocal agreement; amending s. 163.3180, F.S.;
11 revising concurrency requirements; providing
12 legislative findings relating to transportation
13 concurrency exception areas; providing for the
14 applicability of transportation concurrency exception
15 areas; deleting certain requirements for
16 transportation concurrency exception areas; amending
17 s. 163.3184, F.S.; clarifying the definition of the
18 term “in compliance”; conforming cross-references;
19 amending s. 163.3187, F.S.; limiting the adoption of
20 certain plan amendments to once per calendar year;
21 amending s. 163.3246, F.S.; conforming a cross
22 reference; amending s. 163.32465, F.S.; revising
23 provisions relating to the state review of
24 comprehensive plans; providing for additional types of
25 amendments to which the alternate state review
26 applies; requiring that agencies submit comments
27 within a specified period after the state land
28 planning agency notifies the local government that the
29 plan amendment package is complete; requiring that the
30 local government adopt a plan amendment within a
31 specified period after comments are received;
32 requiring that the state land planning agency adopt
33 rules; deleting provisions relating to reporting
34 requirements for the Office of Program Policy Analysis
35 and Government Accountability; amending s. 380.06,
36 F.S.; providing exemptions for dense urban land areas
37 from the development-of-regional-impact program;
38 amending s. 163.31801, F.S.; revising provisions
39 relating to impact fees; providing that notice is not
40 required if an impact fee is decreased, suspended, or
41 eliminated; providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. This act may be cited as the “Community Renewal
46 Act.”
47 Section 2. Subsections (5) through (33) of section
48 163.3164, Florida Statutes, are redesignated as subsections (6)
49 through (34), respectively, and a new subsection (5) is added to
50 that section, to read:
51 163.3164 Local Government Comprehensive Planning and Land
52 Development Regulation Act; definitions.—As used in this act:
53 (5) “Dense urban land area” means a local government having
54 an average of at least 1,000 people per square mile of land area
55 according to the most recent land area data from the decennial
56 census conducted by the Bureau of the Census of the United
57 States Department of Commerce and the latest available
58 population estimates from the Office of Economic and Demographic
59 Research, or a county, including the municipalities located
60 therein, which has a population of at least 1 million. A local
61 government that has had an annexation, contraction, or new
62 incorporation since the last biennial census may not use land
63 estimates from the census but must provide the state land
64 planning agency with the verifiable land area data as defined by
65 rules adopted by the state land planning agency. Such rules must
66 include certification from the Office of Economic and
67 Demographic Research which demonstrates that the new
68 jurisdictional boundaries have been properly recorded in
69 accordance with ss. 171.091 and 186.901. The state land planning
70 agency shall annually publish a notice identifying the local
71 governments that qualify under this definition in the Florida
72 Administrative Weekly.
73 Section 3. Paragraph (b) of subsection (3) and paragraphs
74 (j) and (k) of subsection (12) of section 163.3177, Florida
75 Statutes, are amended to read:
76 163.3177 Required and optional elements of comprehensive
77 plan; studies and surveys.—
78 (3)
79 (b)1. The capital improvements element must be reviewed on
80 an annual basis and modified as necessary in accordance with s.
81 163.3187 or s. 163.3189 in order to maintain a financially
82 feasible 5-year schedule of capital improvements. Corrections
83 and modifications concerning costs; revenue sources; or
84 acceptance of facilities pursuant to dedications which are
85 consistent with the plan may be accomplished by ordinance and
86 shall not be deemed to be amendments to the local comprehensive
87 plan. A copy of the ordinance shall be transmitted to the state
88 land planning agency. An amendment to the comprehensive plan is
89 required to update the schedule on an annual basis or to
90 eliminate, defer, or delay the construction for any facility
91 listed in the 5-year schedule. All public facilities must be
92 consistent with the capital improvements element. Amendments to
93 implement this section must be adopted and transmitted no later
94 than December 1, 2011, and transmitted to the state land
95 planning agency December 1, 2008. Thereafter, a local government
96 may not amend its future land use map, except for plan
97 amendments to meet new requirements under this part and
98 emergency amendments pursuant to s. 163.3187(1)(a), after
99 December 1, 2011 December 1, 2008, and every year thereafter,
100 unless and until the local government has adopted the annual
101 update and it has been transmitted to the state land planning
102 agency.
103 2. Capital improvements element amendments adopted after
104 the effective date of this act shall require only a single
105 public hearing before the governing board which shall be an
106 adoption hearing as described in s. 163.3184(7). Such amendments
107 are not subject to the requirements of s. 163.3184(3)-(6).
108 (12) A public school facilities element adopted to
109 implement a school concurrency program shall meet the
110 requirements of this subsection. Each county and each
111 municipality within the county, unless exempt or subject to a
112 waiver, must adopt a public school facilities element that is
113 consistent with those adopted by the other local governments
114 within the county and enter the interlocal agreement pursuant to
115 s. 163.31777.
116 (j) Failure to adopt the public school facilities element,
117 to enter into an approved interlocal agreement as required by
118 subparagraph (6)(h)2. and s. 163.31777, or to amend the
119 comprehensive plan as necessary to implement school concurrency,
120 according to the phased schedule, shall result in a local
121 government being prohibited from adopting amendments to the
122 comprehensive plan which increase residential density until the
123 necessary amendments have been adopted and transmitted to the
124 state land planning agency.
125 (j)(k) The state land planning agency may issue the school
126 board a notice to the school board to show cause why sanctions
127 should not be enforced for failure to enter into an approved
128 interlocal agreement as required by s. 163.31777 or for failure
129 to implement the provisions of this act relating to public
130 school concurrency. The school board may be subject to sanctions
131 imposed by the Administration Commission directing the
132 Department of Education to withhold from the district school
133 board an equivalent amount of funds for school construction
134 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
135 1013.72.
136 Section 4. Paragraph (c) of subsection (4) and subsections
137 (5) and (10) of section 163.3180, Florida Statutes, are amended
138 to read:
139 163.3180 Concurrency.—
140 (4)
141 (c) The concurrency requirement, except as it relates to
142 transportation facilities and public schools, as implemented in
143 local government comprehensive plans, may be waived by a local
144 government for urban infill and redevelopment areas designated
145 pursuant to s. 163.2517 if such a waiver does not endanger
146 public health or safety as defined by the local government in
147 its local government comprehensive plan. The waiver shall be
148 adopted as a plan amendment pursuant to the process set forth in
149 s. 163.3187(4)(a) s. 163.3187(3)(a). A local government may
150 grant a concurrency exception pursuant to subsection (5) for
151 transportation facilities located within these urban infill and
152 redevelopment areas.
153 (5)
154 (a) Countervailing planning and public policy goals.—The
155 Legislature finds that under limited circumstances dealing with
156 transportation facilities, countervailing planning and public
157 policy goals may come into conflict with the requirement that
158 adequate public transportation facilities and services be
159 available concurrent with the impacts of such development. The
160 Legislature further finds that often the unintended result of
161 the concurrency requirement for transportation facilities is
162 often the discouragement of urban infill development and
163 redevelopment. Such unintended results directly conflict with
164 the goals and policies of the state comprehensive plan and the
165 intent of this part. The Legislature also finds that in urban
166 centers transportation cannot be effectively managed and
167 mobility cannot be improved solely through the expansion of
168 roadway capacity, that the expansion of roadway capacity is not
169 always physically or financially possible, and that a range of
170 transportation alternatives are essential to satisfy mobility
171 needs, reduce congestion, and achieve healthy, vibrant centers.
172 Therefore, exceptions from the concurrency requirement for
173 transportation facilities may be granted as provided by this
174 subsection.
175 (b) Geographic applicability of transportation concurrency
176 exception areas.—
177 1. Transportation concurrency exception areas are created
178 for local governments that qualify as dense urban land area as
179 defined in s. 163.3164(5). A local government must adopt into
180 its comprehensive plan land use and transportation strategies to
181 support and fund mobility within the designated exception area,
182 including alternative modes of transportation, within 2 years
183 after being designated as a dense urban land area.
184 2. Local governments that do not qualify as dense urban
185 land area as defined in s. 163.3164(5) A local government may
186 grant an exception from the concurrency requirement for
187 transportation facilities if the proposed development is
188 otherwise consistent with the adopted local government
189 comprehensive plan and is a project that promotes public
190 transportation or is located within an area designated in the
191 comprehensive plan for:
192 a.1. Urban infill development;
193 b.2. Urban redevelopment;
194 c.3. Downtown revitalization;
195 d.4. Urban infill and redevelopment under s. 163.2517; or
196 e.5. An urban service area specifically designated as a
197 transportation concurrency exception area which includes lands
198 appropriate for compact, contiguous urban development, which
199 does not exceed the amount of land needed to accommodate the
200 projected population growth at densities consistent with the
201 adopted comprehensive plan within the 10-year planning period,
202 and which is served or is planned to be served with public
203 facilities and services as provided by the capital improvements
204 element.
205 (c) Projects having special part-time demand.—The
206 Legislature also finds that developments located within urban
207 infill, urban redevelopment, existing urban service, or downtown
208 revitalization areas or areas designated as urban infill and
209 redevelopment areas under s. 163.2517, which pose only special
210 part-time demands on the transportation system, are exempt
211 should be excepted from the concurrency requirement for
212 transportation facilities. A special part-time demand is one
213 that does not have more than 200 scheduled events during any
214 calendar year and does not affect the 100 highest traffic volume
215 hours.
216 (d) Long-term strategies within transportation concurrency
217 exception areas.—Except for transportation concurrency exception
218 areas established pursuant to subparagraph (b)1., the following
219 requirements apply: A local government shall establish
220 guidelines in the comprehensive plan for granting the exceptions
221 authorized in paragraphs (b) and (c) and subsections (7) and
222 (15) which must be consistent with and support a comprehensive
223 strategy adopted in the plan to promote the purpose of the
224 exceptions.
225 1.(e) The local government shall both adopt into the
226 comprehensive plan and implement long-term strategies to support
227 and fund mobility within the designated exception area,
228 including alternative modes of transportation. The plan
229 amendment must also demonstrate how strategies will support the
230 purpose of the exception and how mobility within the designated
231 exception area will be provided.
232 2. In addition, The strategies must address urban design;
233 appropriate land use mixes, including intensity and density; and
234 network connectivity plans needed to promote urban infill,
235 redevelopment, or downtown revitalization. The comprehensive
236 plan amendment designating the concurrency exception area must
237 be accompanied by data and analysis justifying the size of the
238 area.
239 (e)(f) Strategic Intermodal System.—Before designating
240 Prior to the designation of a concurrency exception area
241 pursuant to subparagraph (b)2., the state land planning agency
242 and the Department of Transportation shall be consulted by the
243 local government to assess the impact that the proposed
244 exception area is expected to have on the adopted level-of
245 service standards established for Strategic Intermodal System
246 facilities, as defined in s. 339.64, and roadway facilities
247 funded in accordance with s. 339.2819 and to provide for the
248 mitigation of impacts. Further, the local government shall
249 provide for the mitigation of, in consultation with the state
250 land planning agency and the Department of Transportation,
251 develop a plan to mitigate any impacts to the Strategic
252 Intermodal System, including, if appropriate, access management,
253 parallel reliever roads, transportation demand management, and
254 other measures the development of a long-term concurrency
255 management system pursuant to subsection (9) and s.
256 163.3177(3)(d). The exceptions may be available only within the
257 specific geographic area of the jurisdiction designated in the
258 plan. Pursuant to s. 163.3184, any affected person may challenge
259 a plan amendment establishing these guidelines and the areas
260 within which an exception could be granted.
261 (g) Transportation concurrency exception areas existing
262 prior to July 1, 2005, must, at a minimum, meet the provisions
263 of this section by July 1, 2006, or at the time of the
264 comprehensive plan update pursuant to the evaluation and
265 appraisal report, whichever occurs last.
266 (10) With regard to roadway facilities on the Strategic
267 Intermodal System designated in accordance with s. 339.63 ss.
268 339.61, 339.62, 339.63, and 339.64, the Florida Intrastate
269 Highway System as defined in s. 338.001, and roadway facilities
270 funded in accordance with s. 339.2819, local governments shall
271 adopt the level-of-service standard established by the
272 Department of Transportation by rule. However, if the Office of
273 Tourism, Trade, and Economic Development concurs in writing with
274 the local government that the proposed development is for a
275 qualified job creation project under s. 288.0656 or s. 403.973,
276 the affected local government, after consulting with the
277 Department of Transportation, may allow for a waiver of
278 transportation concurrency for the project. For all other roads
279 on the State Highway System, local governments shall establish
280 an adequate level-of-service standard that need not be
281 consistent with any level-of-service standard established by the
282 Department of Transportation. In establishing adequate level-of
283 service standards for any arterial roads, or collector roads as
284 appropriate, which traverse multiple jurisdictions, local
285 governments shall consider compatibility with the roadway
286 facility's adopted level-of-service standards in adjacent
287 jurisdictions. Each local government within a county shall use a
288 professionally accepted methodology for measuring impacts on
289 transportation facilities for the purposes of implementing its
290 concurrency management system. Counties are encouraged to
291 coordinate with adjacent counties, and local governments within
292 a county are encouraged to coordinate, for the purpose of using
293 common methodologies for measuring impacts on transportation
294 facilities for the purpose of implementing their concurrency
295 management systems.
296 Section 5. Paragraph (b) of subsection (1), paragraph (b)
297 of subsection (8), and subsections (17) and (18) of section
298 163.3184, Florida Statutes, are amended to read:
299 163.3184 Process for adoption of comprehensive plan or plan
300 amendment.—
301 (1) DEFINITIONS.—As used in this section, the term:
302 (b) “In compliance” means consistent with the requirements
303 of ss. 163.3177, when a local government adopts an educational
304 facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
305 with the state comprehensive plan, with the appropriate
306 strategic regional policy plan, and with chapter 9J-5, Florida
307 Administrative Code, where such rule is not inconsistent with
308 this part and with the principles for guiding development in
309 designated areas of critical state concern and with part III of
310 chapter 369, where applicable.
311 (8) NOTICE OF INTENT.—
312 (b) Except as provided in paragraph (a) or in s.
313 163.3187(4) s. 163.3187(3), the state land planning agency, upon
314 receipt of a local government's complete adopted comprehensive
315 plan or plan amendment, shall have 45 days for review and to
316 determine if the plan or plan amendment is in compliance with
317 this act, unless the amendment is the result of a compliance
318 agreement entered into under subsection (16), in which case the
319 time period for review and determination shall be 30 days. If
320 review was not conducted under subsection (6), the agency's
321 determination must be based upon the plan amendment as adopted.
322 If review was conducted under subsection (6), the agency's
323 determination of compliance must be based only upon one or both
324 of the following:
325 1. The state land planning agency's written comments to the
326 local government pursuant to subsection (6); or
327 2. Any changes made by the local government to the
328 comprehensive plan or plan amendment as adopted.
329 (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
330 local government that has adopted a community vision and urban
331 service boundary under s. 163.3177(13) and (14) may adopt a plan
332 amendment related to map amendments solely to property within an
333 urban service boundary in the manner described in subsections
334 (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
335 and e., 2., and 3., such that state and regional agency review
336 is eliminated. The department may not issue an objections,
337 recommendations, and comments report on proposed plan amendments
338 or a notice of intent on adopted plan amendments; however,
339 affected persons, as defined by paragraph (1)(a), may file a
340 petition for administrative review pursuant to the requirements
341 of s. 163.3187(4)(a) s. 163.3187(3)(a) to challenge the
342 compliance of an adopted plan amendment. This subsection does
343 not apply to any amendment within an area of critical state
344 concern, to any amendment that increases residential densities
345 allowable in high-hazard coastal areas as defined in s.
346 163.3178(2)(h), or to a text change to the goals, policies, or
347 objectives of the local government's comprehensive plan.
348 Amendments submitted under this subsection are exempt from the
349 limitation on the frequency of plan amendments in s. 163.3187.
350 (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
351 municipality that has a designated urban infill and
352 redevelopment area under s. 163.2517 may adopt a plan amendment
353 related to map amendments solely to property within a designated
354 urban infill and redevelopment area in the manner described in
355 subsections (1), (2), (7), (14), (15), and (16) and s.
356 163.3187(1)(c)1.d. and e., 2., and 3., such that state and
357 regional agency review is eliminated. The department may not
358 issue an objections, recommendations, and comments report on
359 proposed plan amendments or a notice of intent on adopted plan
360 amendments; however, affected persons, as defined by paragraph
361 (1)(a), may file a petition for administrative review pursuant
362 to the requirements of s. 163.3187(4)(a) s. 163.3187(3)(a) to
363 challenge the compliance of an adopted plan amendment. This
364 subsection does not apply to any amendment within an area of
365 critical state concern, to any amendment that increases
366 residential densities allowable in high-hazard coastal areas as
367 defined in s. 163.3178(2)(h), or to a text change to the goals,
368 policies, or objectives of the local government's comprehensive
369 plan. Amendments submitted under this subsection are exempt from
370 the limitation on the frequency of plan amendments in s.
371 163.3187.
372 Section 6. Paragraphs (b) and (f) of subsection (1) of
373 section 163.3187, Florida Statutes, is amended, present
374 subsections (2) through (6) of that section are redesignated as
375 subsections (3) through (7), respectively, and a new subsection
376 (2) is added to that section, to read:
377 163.3187 Amendment of adopted comprehensive plan.—
378 (1) Amendments to comprehensive plans adopted pursuant to
379 this part may be made not more than two times during any
380 calendar year, except:
381 (b) Any local government comprehensive plan amendments
382 directly related to a proposed development of regional impact,
383 including changes which have been determined to be substantial
384 deviations and including Florida Quality Developments pursuant
385 to s. 380.061, may be initiated by a local planning agency and
386 considered by the local governing body at the same time as the
387 application for development approval using the procedures
388 provided for local plan amendment in this section and applicable
389 local ordinances, without regard to statutory or local ordinance
390 limits on the frequency of consideration of amendments to the
391 local comprehensive plan. Nothing in this subsection shall be
392 deemed to require favorable consideration of a plan amendment
393 solely because it is related to a development of regional
394 impact.
395 (f) Any comprehensive plan amendment that changes the
396 schedule in The capital improvements element annual update
397 required in s. 163.3177(3)(b)2., and any amendments directly
398 related to the schedule, may be made once in a calendar year on
399 a date different from the two times provided in this subsection
400 when necessary to coincide with the adoption of the local
401 government's budget and capital improvements program.
402 (2) Other than the exceptions listed in subsection (1),
403 text amendments to the goals, objectives, or policies of the
404 local government's comprehensive plan may be adopted only once a
405 year.
406 Section 7. Paragraph (a) of subsection (9) of section
407 163.3246, Florida Statutes, is amended to read:
408 163.3246 Local government comprehensive planning
409 certification program.—
410 (9)(a) Upon certification all comprehensive plan amendments
411 associated with the area certified must be adopted and reviewed
412 in the manner described in ss. 163.3184(1), (2), (7), (14),
413 (15), and (16) and 163.3187, such that state and regional agency
414 review is eliminated. The department may not issue any
415 objections, recommendations, and comments report on proposed
416 plan amendments or a notice of intent on adopted plan
417 amendments; however, affected persons, as defined by s.
418 163.3184(1)(a), may file a petition for administrative review
419 pursuant to the requirements of s. 163.3187(4)(a) s.
420 163.3187(3)(a) to challenge the compliance of an adopted plan
421 amendment.
422 Section 8. Section 163.32465, Florida Statutes, is amended
423 to read:
424 163.32465 State review of local comprehensive plans in
425 urban areas.—
426 (1) LEGISLATIVE FINDINGS.—
427 (a) The Legislature finds that local governments in this
428 state have a wide diversity of resources, conditions, abilities,
429 and needs. The Legislature also finds that the needs and
430 resources of urban areas are different from those of rural areas
431 and that different planning and growth management approaches,
432 strategies, and techniques are required in urban areas. The
433 state role in overseeing growth management should reflect this
434 diversity and should vary based on local government conditions,
435 capabilities, needs, and the extent and type of development.
436 Therefore Thus, the Legislature recognizes and finds that
437 reduced state oversight of local comprehensive planning is
438 justified for some local governments in urban areas and for
439 certain types of development.
440 (b) The Legislature finds and declares that this state's
441 urban areas require a reduced level of state oversight because
442 of their high degree of urbanization and the planning
443 capabilities and resources of many of their local governments.
444 An alternative state review process that is adequate to protect
445 issues of regional or statewide importance should be created for
446 appropriate local governments in these areas and for certain
447 types of development. Further, the Legislature finds that
448 development, including urban infill and redevelopment, should be
449 encouraged in these urban areas. The Legislature finds that an
450 alternative process for amending local comprehensive plans in
451 these areas should be established with an objective of
452 streamlining the process and recognizing local responsibility
453 and accountability.
454 (c) The Legislature finds a pilot program will be
455 beneficial in evaluating an alternative, expedited plan
456 amendment adoption and review process. Pilot local governments
457 shall represent highly developed counties and the municipalities
458 within these counties and highly populated municipalities.
459 (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.—The
460 alternative state review process provided in this section
461 applies to: Pinellas and Broward Counties, and the
462 municipalities within these counties, and Jacksonville, Miami,
463 Tampa, and Hialeah shall follow an alternative state review
464 process provided in this section. Municipalities within the
465 pilot counties may elect, by super majority vote of the
466 governing body, not to participate in the pilot program.
467 (a) Future land use map amendments within local governments
468 that qualify as a dense urban land area as defined in s.
469 163.3164(5); and
470 (b) Future land use map amendments within an area
471 designated by the Governor as a rural area of critical economic
472 concern under s. 288.0656(7) for the duration of such
473 designation. Before the adoption of such an amendment, the local
474 government must obtain the agreement of the Office of Tourism,
475 Trade, and Economic Development in writing stating that the plan
476 amendment for the project furthers the economic objectives set
477 forth in s. 288.0656(7).
478 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
479 UNDER THE PILOT PROGRAM.—
480 (a) Plan amendments adopted under this section by the pilot
481 program jurisdictions shall follow the alternate, expedited
482 process in subsections (4) and (5), except as set forth in
483 paragraphs (b)-(e) of this subsection.
484 (b) Amendments that qualify as small-scale development
485 amendments may continue to be adopted in by the pilot program
486 jurisdictions that use the alternative review process pursuant
487 to s. 163.3187(1)(c) and (4)(3).
488 (c) Plan amendments that propose a rural land stewardship
489 area pursuant to s. 163.3177(11)(d); propose an optional sector
490 plan; propose map amendments in areas of critical state concern
491 or coastal high-hazard areas; include recently annexed areas
492 within a municipality; update a comprehensive plan based on an
493 evaluation and appraisal report; implement new statutory
494 requirements that were not previously incorporated into a
495 comprehensive plan; or new plans for newly incorporated
496 municipalities are subject to state review as set forth in s.
497 163.3184.
498 (d) Alternative review Pilot program jurisdictions are
499 shall be subject to the frequency and timing requirements for
500 plan amendments set forth in ss. 163.3187 and 163.3191, except
501 as where otherwise stated in this section.
502 (e) The mediation and expedited hearing provisions in s.
503 163.3189(3) apply to all plan amendments adopted by alternative
504 review the pilot program jurisdictions.
505 (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
506 PILOT PROGRAM.—
507 (a) The local government shall hold its first public
508 hearing on a comprehensive plan amendment on a weekday at least
509 7 days after the day the first advertisement is published
510 pursuant to the requirements of chapter 125 or chapter 166. Upon
511 an affirmative vote of not less than a majority of the members
512 of the governing body present at the hearing, the local
513 government shall immediately transmit the amendment or
514 amendments and appropriate supporting data and analyses to the
515 state land planning agency; the appropriate regional planning
516 council and water management district; the Department of
517 Environmental Protection; the Department of State; the
518 Department of Transportation; in the case of municipal plans, to
519 the appropriate county; the Fish and Wildlife Conservation
520 Commission; the Department of Agriculture and Consumer Services;
521 and in the case of amendments that include or impact the public
522 school facilities element, the Office of Educational Facilities
523 of the Commissioner of Education. The local governing body shall
524 also transmit a copy of the amendments and supporting data and
525 analyses to any other local government or governmental agency
526 that has filed a written request with the governing body. In
527 addition, the local government may request that the state land
528 planning agency issue a report containing its objections,
529 recommendations, or comments on the amendments and supporting
530 data and analyses. A local government that makes such request
531 must notify all of the agencies and local governments listed in
532 this paragraph of the request.
533 (b) The agencies and local governments specified in
534 paragraph (a) may provide comments regarding the amendment or
535 amendments to the local government. The regional planning
536 council review and comment shall be limited to effects on
537 regional resources or facilities identified in the strategic
538 regional policy plan and extrajurisdictional impacts that would
539 be inconsistent with the comprehensive plan of the affected
540 local government. A regional planning council shall not review
541 and comment on a proposed comprehensive plan amendment prepared
542 by such council unless the plan amendment has been changed by
543 the local government subsequent to the preparation of the plan
544 amendment by the regional planning council. County comments on
545 municipal comprehensive plan amendments shall be primarily in
546 the context of the relationship and effect of the proposed plan
547 amendments on the county plan. Municipal comments on county plan
548 amendments shall be primarily in the context of the relationship
549 and effect of the amendments on the municipal plan. State agency
550 comments may include technical guidance on issues of agency
551 jurisdiction as it relates to the requirements of this part.
552 Such comments must shall clearly identify issues that, if not
553 resolved, may result in a an agency challenge to the plan
554 amendment from the state land planning agency. For the purposes
555 of this pilot program, Agencies are encouraged to focus
556 potential challenges on issues of regional or statewide
557 importance. Agencies and local governments must transmit their
558 comments to the affected local government, if issued, within 30
559 days after such that they are received by the local government
560 not later than thirty days from the date on which the state land
561 planning agency notifies the affected local government that the
562 plan amendment package is complete or government received the
563 amendment or amendments. Any comments from the agencies and
564 local governments must also be transmitted to the state land
565 planning agency. If the local government requested a report from
566 the state planning agency listing objections, recommendations,
567 and comments, the state planning agency has 15 days after
568 receiving all of the comments from the agencies and local
569 governments to issue the report.
570 (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR
571 ALTERNATIVE REVIEW JURISDICTIONS PILOT AREAS.—
572 (a) The local government shall hold its second public
573 hearing, which shall be a hearing on whether to adopt one or
574 more comprehensive plan amendments, on a weekday at least 5 days
575 after the day the second advertisement is published pursuant to
576 the requirements of chapter 125 or chapter 166. Adoption of
577 comprehensive plan amendments must be by ordinance and requires
578 an affirmative vote of a majority of the members of the
579 governing body present at the second hearing. The hearing must
580 be conducted and the amendment must be adopted, adopted with
581 changes, or not adopted within 120 days after the agency
582 comments are received pursuant to paragraph (4)(b). If a local
583 government fails to adopt the plan amendment within the
584 timeframe set forth in this paragraph, the plan amendment is
585 deemed abandoned and the plan amendment may not be considered
586 until the next available amendment cycle pursuant to s.
587 163.3187.
588 (b) All comprehensive plan amendments adopted by the
589 governing body along with the supporting data and analysis shall
590 be transmitted within 10 days of the second public hearing to
591 the state land planning agency and any other agency or local
592 government that provided timely comments under paragraph (4)(b).
593 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR
594 ALTERNATIVE REVIEW JURISDICTIONS PILOT PROGRAM.—
595 (a) Any “affected person” as defined in s. 163.3184(1)(a)
596 may file a petition with the Division of Administrative Hearings
597 pursuant to ss. 120.569 and 120.57, with a copy served on the
598 affected local government, to request a formal hearing to
599 challenge whether the amendments are “in compliance” as defined
600 in s. 163.3184(1)(b). This petition must be filed with the
601 Division within 30 days after the local government adopts the
602 amendment. The state land planning agency may intervene in a
603 proceeding instituted by an affected person.
604 (b) The state land planning agency may file a petition with
605 the Division of Administrative Hearings pursuant to ss. 120.569
606 and 120.57, with a copy served on the affected local government,
607 to request a formal hearing. This petition must be filed with
608 the Division within 30 days after the state land planning agency
609 notifies the local government that the plan amendment package is
610 complete. For purposes of this section, an amendment shall be
611 deemed complete if it contains a full, executed copy of the
612 adoption ordinance or ordinances; in the case of a text
613 amendment, a full copy of the amended language in legislative
614 format with new words inserted in the text underlined, and words
615 to be deleted lined through with hyphens; in the case of a
616 future land use map amendment, a copy of the future land use map
617 clearly depicting the parcel, its existing future land use
618 designation, and its adopted designation; and a copy of any data
619 and analyses the local government deems appropriate. The state
620 land planning agency shall notify the local government of any
621 deficiencies within 5 working days of receipt of an amendment
622 package.
623 (c) The state land planning agency's challenge shall be
624 limited to those issues raised in the comments provided by the
625 reviewing agencies pursuant to paragraph (4)(b). The state land
626 planning agency may challenge a plan amendment that has
627 substantially changed from the version on which the agencies
628 provided comments. For alternative review jurisdictions the
629 purposes of this pilot program, the Legislature strongly
630 encourages the state land planning agency to focus any challenge
631 on issues of regional or statewide importance.
632 (d) An administrative law judge shall hold a hearing in the
633 affected local jurisdiction. The local government's
634 determination that the amendment is “in compliance” is presumed
635 to be correct and shall be sustained unless it is shown by a
636 preponderance of the evidence that the amendment is not “in
637 compliance.”
638 (e) If the administrative law judge recommends that the
639 amendment be found not in compliance, the judge shall submit the
640 recommended order to the Administration Commission for final
641 agency action. The Administration Commission shall enter a final
642 order within 45 days after its receipt of the recommended order.
643 (f) If the administrative law judge recommends that the
644 amendment be found in compliance, the judge shall submit the
645 recommended order to the state land planning agency.
646 1. If the state land planning agency determines that the
647 plan amendment should be found not in compliance, the agency
648 shall refer, within 30 days of receipt of the recommended order,
649 the recommended order and its determination to the
650 Administration Commission for final agency action. If the
651 commission determines that the amendment is not in compliance,
652 it may sanction the local government as set forth in s.
653 163.3184(11).
654 2. If the state land planning agency determines that the
655 plan amendment should be found in compliance, the agency shall
656 enter its final order not later than 30 days from receipt of the
657 recommended order.
658 (g) An amendment adopted under the expedited provisions of
659 this section shall not become effective until the completion of
660 the time period available to the state land planning agency for
661 administrative challenge under paragraph (a) 31 days after
662 adoption. If timely challenged, an amendment shall not become
663 effective until the state land planning agency or the
664 Administration Commission enters a final order determining that
665 the adopted amendment is to be in compliance.
666 (h) Parties to a proceeding under this section may enter
667 into compliance agreements using the process in s. 163.3184(16).
668 Any remedial amendment adopted pursuant to a settlement
669 agreement shall be provided to the agencies and governments
670 listed in paragraph (4)(a).
671 (7) APPLICABILITY OF ALTERNATIVE REVIEW PILOT PROGRAM IN
672 CERTAIN LOCAL GOVERNMENTS.—Local governments and specific areas
673 that are have been designated for alternate review process
674 pursuant to ss. 163.3246 and 163.3184(17) and (18) are not
675 subject to this section.
676 (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—The state land
677 planning agency may adopt procedural Agencies shall not
678 promulgate rules to administer implement this section pilot
679 program.
680 (9) REPORT.—The Office of Program Policy Analysis and
681 Government Accountability shall submit to the Governor, the
682 President of the Senate, and the Speaker of the House of
683 Representatives by December 1, 2008, a report and
684 recommendations for implementing a statewide program that
685 addresses the legislative findings in subsection (1) in areas
686 that meet urban criteria. The Office of Program Policy Analysis
687 and Government Accountability in consultation with the state
688 land planning agency shall develop the report and
689 recommendations with input from other state and regional
690 agencies, local governments, and interest groups. Additionally,
691 the office shall review local and state actions and
692 correspondence relating to the pilot program to identify issues
693 of process and substance in recommending changes to the pilot
694 program. At a minimum, the report and recommendations shall
695 include the following:
696 (a) Identification of local governments beyond those
697 participating in the pilot program that should be subject to the
698 alternative expedited state review process. The report may
699 recommend that pilot program local governments may no longer be
700 appropriate for such alternative review process.
701 (b) Changes to the alternative expedited state review
702 process for local comprehensive plan amendments identified in
703 the pilot program.
704 (c) Criteria for determining issues of regional or
705 statewide importance that are to be protected in the alternative
706 state review process.
707 (d) In preparing the report and recommendations, the Office
708 of Program Policy Analysis and Government Accountability shall
709 consult with the state land planning agency, the Department of
710 Transportation, the Department of Environmental Protection, and
711 the regional planning agencies in identifying highly developed
712 local governments to participate in the alternative expedited
713 state review process. The Office of Program Policy Analysis and
714 Governmental Accountability shall also solicit citizen input in
715 the potentially affected areas and consult with the affected
716 local governments and stakeholder groups.
717 Section 9. Subsection (29) is added to section 380.06,
718 Florida Statutes, to read:
719 380.06 Developments of regional impact.—
720 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.–
721 (a) Any proposed development in a local government which
722 has been designated by the state land planning agency as a dense
723 urban land area as defined in s. 163.3164(5) is exempt from this
724 section effective upon such designation being published in the
725 Florida Administrative Weekly.
726 (b) A development that is located partially within a
727 jurisdiction that is not exempt from the development-of
728 regional-impact program must undergo development-of-regional
729 impact review pursuant to s. 380.06.
730 (c) In jurisdictions exempt under paragraph (a), previously
731 approved development-of-regional-impact development orders shall
732 continue to be effective and developments that have a pending
733 application for development approval shall be governed by s.
734 380.115(1) and (2).
735 (d) Local governments must render by mail a development
736 order to the state land planning agency for projects that would
737 be larger than 120 percent of any applicable development-of
738 regional-impact threshold and would require development-of
739 regional-impact review but for the exemption from the program
740 under paragraph (a). For such development orders, the state land
741 planning agency is an “aggrieved or adversely affected party” as
742 defined in s. 163.3215(2) and may challenge and appeal the
743 development order for consistency with the comprehensive plan
744 adopted under chapter 163 using the procedures provided in s.
745 163.3215.
746 Section 10. Paragraph (d) of subsection (3) of section
747 163.31801, Florida Statutes, is amended to read:
748 163.31801 Impact fees; short title; intent; definitions;
749 ordinances levying impact fees.—
750 (3) An impact fee adopted by ordinance of a county or
751 municipality or by resolution of a special district must, at
752 minimum:
753 (d) Require that notice be provided no less than 90 days
754 before the effective date of an ordinance or resolution imposing
755 a new or increased amended impact fee. A county or municipality
756 is not required to wait 90 days to decrease, suspend, or
757 eliminate an impact fee.
758 Section 11. This act shall take effect upon becoming a law.