Amendment
Bill No. CS/CS/SB 360

Amendment No. 981323

CHAMBER ACTION
Senate		House
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1	Representative Hukill offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  This act may be cited as the "Community Renewal
6	Act."
7	Section 1.  Subsection (29) of section 163.3164, Florida
8	Statutes, is amended, and subsection (34) is added to that
9	section, to read:
10	163.3164  Local Government Comprehensive Planning and Land
11	Development Regulation Act; definitions.--As used in this act:
12	(29)  "Existing Urban service area" means built-up areas
13	where public facilities and services, including, but not limited
14	to, central water and sewer capacity and such as sewage
15	treatment systems, roads, schools, and recreation areas are
16	already in place or are committed in the first 3 years of the
17	capital improvement schedule. In addition, for counties that
18	qualify as dense urban land areas under subsection (34), the
19	nonrural area of a county which has adopted into the county
20	charter a rural area designation or areas identified in the
21	comprehensive plan as urban service areas or urban growth
22	boundaries on or before July 1, 2009, are also urban service
23	areas under this definition.
24	(34)  "Dense urban land area" means:
25	(a)  A municipality that has an average of at least 1,000
26	people per square mile of land area and a minimum total
27	population of at least 5,000;
28	(b)  A county, including the municipalities located
29	therein, which has an average of at least 1,000 people per
30	square mile of land area; or
31	(c)  A county, including the municipalities located
32	therein, which has a population of at least 1 million.
33
34	The Office of Economic and Demographic Research within the
35	Legislature shall annually calculate the population and density
36	criteria needed to determine which jurisdictions qualify as
37	dense urban land areas by using the most recent land area data
38	from the decennial census conducted by the Bureau of the Census
39	of the United States Department of Commerce and the latest
40	available population estimates determined pursuant to s.
41	186.901. If any local government has had an annexation,
42	contraction, or new incorporation, the Office of Economic and
43	Demographic Research shall determine the population density
44	using the new jurisdictional boundaries as recorded in
45	accordance with s. 171.091. The Office of Economic and
46	Demographic Research shall submit to the state land planning
47	agency a list of jurisdictions that meet the total population
48	and density criteria necessary for designation as a dense urban
49	land area by July 1, 2009, and every year thereafter. The state
50	land planning agency shall publish the list of jurisdictions on
51	its Internet website within 7 days after the list is received.
52	The designation of jurisdictions that qualify or do not qualify
53	as a dense urban land area is effective upon publication on the
54	state land planning agency's Internet website.
55	Section 2.  Paragraph (b) of subsection (3), paragraphs (a)
56	and (h) of subsection (6), and paragraphs (a), (j), and (k) of
57	subsection (12) of section 163.3177, Florida Statutes, are
58	amended, and paragraph (f) is added to subsection (3) of that
59	section, to read:
60	163.3177  Required and optional elements of comprehensive
61	plan; studies and surveys.--
62	(3)
63	(b)1.  The capital improvements element must be reviewed on
64	an annual basis and modified as necessary in accordance with s.
65	163.3187 or s. 163.3189 in order to maintain a financially
66	feasible 5-year schedule of capital improvements. Corrections
67	and modifications concerning costs; revenue sources; or
68	acceptance of facilities pursuant to dedications which are
69	consistent with the plan may be accomplished by ordinance and
70	shall not be deemed to be amendments to the local comprehensive
71	plan. A copy of the ordinance shall be transmitted to the state
72	land planning agency. An amendment to the comprehensive plan is
73	required to update the schedule on an annual basis or to
74	eliminate, defer, or delay the construction for any facility
75	listed in the 5-year schedule. All public facilities must be
76	consistent with the capital improvements element. The annual
77	update to the capital improvements element of the comprehensive
78	plan need not comply with the financial feasibility requirement
79	until December 1, 2011. Amendments to implement this section
80	must be adopted and transmitted no later than December 1, 2008.
81	Thereafter, a local government may not amend its future land use
82	map, except for plan amendments to meet new requirements under
83	this part and emergency amendments pursuant to s.
84	163.3187(1)(a), after December 1, 2011 2008, and every year
85	thereafter, unless and until the local government has adopted
86	the annual update and it has been transmitted to the state land
87	planning agency.
88	2.  Capital improvements element amendments adopted after
89	the effective date of this act shall require only a single
90	public hearing before the governing board which shall be an
91	adoption hearing as described in s. 163.3184(7). Such amendments
92	are not subject to the requirements of s. 163.3184(3)-(6).
93	(f)  A local government's comprehensive plan and plan
94	amendments for land uses within all transportation concurrency
95	exception areas that are designated and maintained in accordance
96	with s. 163.3180(5) shall be deemed to meet the requirement to
97	achieve and maintain level-of-service standards for
98	transportation.
99	(6)  In addition to the requirements of subsections (1)-(5)
100	and (12), the comprehensive plan shall include the following
101	elements:
102	(a)  A future land use plan element designating proposed
103	future general distribution, location, and extent of the uses of
104	land for residential uses, commercial uses, industry,
105	agriculture, recreation, conservation, education, public
106	buildings and grounds, other public facilities, and other
107	categories of the public and private uses of land. Counties are
108	encouraged to designate rural land stewardship areas, pursuant
109	to the provisions of paragraph (11)(d), as overlays on the
110	future land use map. Each future land use category must be
111	defined in terms of uses included, and must include standards to
112	be followed in the control and distribution of population
113	densities and building and structure intensities. The proposed
114	distribution, location, and extent of the various categories of
115	land use shall be shown on a land use map or map series which
116	shall be supplemented by goals, policies, and measurable
117	objectives. The future land use plan shall be based upon
118	surveys, studies, and data regarding the area, including the
119	amount of land required to accommodate anticipated growth; the
120	projected population of the area; the character of undeveloped
121	land; the availability of water supplies, public facilities, and
122	services; the need for redevelopment, including the renewal of
123	blighted areas and the elimination of nonconforming uses which
124	are inconsistent with the character of the community; the
125	compatibility of uses on lands adjacent to or closely proximate
126	to military installations; the discouragement of urban sprawl;
127	energy-efficient land use patterns accounting for existing and
128	future electric power generation and transmission systems;
129	greenhouse gas reduction strategies; and, in rural communities,
130	the need for job creation, capital investment, and economic
131	development that will strengthen and diversify the community's
132	economy. The future land use plan may designate areas for future
133	planned development use involving combinations of types of uses
134	for which special regulations may be necessary to ensure
135	development in accord with the principles and standards of the
136	comprehensive plan and this act. The future land use plan
137	element shall include criteria to be used to achieve the
138	compatibility of adjacent or closely proximate lands with
139	military installations. In addition, for rural communities, 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 3.  Paragraph (c) of subsection (2), subsections
362	(5), (10), and (12) and paragraphs (b) and (e) of subsection
363	(13) of section 163.3180, Florida Statutes, are amended to read:
364	163.3180  Concurrency.--
365	(2)
366	(c)  Consistent with the public welfare, and except as
367	otherwise provided in this section, transportation facilities
368	needed to serve new development shall be in place or under
369	actual construction within 3 years after the local government
370	approves a building permit or its functional equivalent that
371	results in traffic generation. In evaluating whether
372	transportation facilities needed to serve new development will
373	be in place or under actual construction as required by this
374	paragraph, a project included in the first 3 years of a local
375	government's adopted capital improvements plan or the Department
376	of Transportation's adopted work program and a high-performance
377	transit system that serves multiple municipalities, connects to
378	an existing rail system, and is included in a county's or the
379	Department of Transportation's long-range plan shall be
380	considered a committed facility.
381	(5)(a)  The Legislature finds that under limited
382	circumstances dealing with transportation facilities,
383	countervailing planning and public policy goals may come into
384	conflict with the requirement that adequate public
385	transportation facilities and services be available concurrent
386	with the impacts of such development. The Legislature further
387	finds that often the unintended result of the concurrency
388	requirement for transportation facilities is often the
389	discouragement of urban infill development and redevelopment.
390	Such unintended results directly conflict with the goals and
391	policies of the state comprehensive plan and the intent of this
392	part. The Legislature also finds that in urban centers
393	transportation cannot be effectively managed and mobility cannot
394	be improved solely through the expansion of roadway capacity,
395	that the expansion of roadway capacity is not always physically
396	or financially possible, and that a range of transportation
397	alternatives are essential to satisfy mobility needs, reduce
398	congestion, and achieve healthy, vibrant centers. Therefore,
399	exceptions from the concurrency requirement for transportation
400	facilities may be granted as provided by this subsection.
401	(b)1.  The following are transportation concurrency
402	exception areas:
403	a.  A municipality that qualifies as a dense urban land
404	area under s. 163.3164;
405	b.  An urban service area under s. 163.3164 that has been
406	adopted into the local comprehensive plan and is located within
407	a county that qualifies as a dense urban land area under s.
408	163.3164, except a limited urban service area may not be
409	included as an urban service area unless the parcel is defined
410	as provided in s. 163.3164(33); and
411	c.  A county, including the municipalities located therein,
412	which has a population of at least 900,000 and qualifies as a
413	dense urban land area under s. 163.3164, but does not have an
414	urban service area designated in the local comprehensive plan.
415	2.  A municipality that does not qualify as a dense urban
416	land area pursuant to s. 163.3164 may designate in its local
417	comprehensive plan the following areas as transportation
418	concurrency exception areas:
419	a.  Urban infill as defined in s. 163.3164;
420	b.  Community redevelopment areas as defined in s. 163.340;
421	c.  Downtown revitalization areas as defined in s.
422	163.3164;
423	d.  Urban infill and redevelopment under s. 163.2517; or
424	e.  Urban service areas as defined in s. 163.3164 or areas
425	within a designated urban service boundary under s.
426	163.3177(14).
427	3.  A county that does not qualify as a dense urban land
428	area pursuant to s. 163.3164 may designate in its local
429	comprehensive plan the following areas as transportation
430	concurrency exception areas:
431	a.  Urban infill as defined in s. 163.3164;
432	b.  Urban infill and redevelopment under s. 163.2517; or
433	c.  Urban service areas as defined in s. 163.3164.
434	4.  A local government that has a transportation
435	concurrency exception area designated pursuant to subparagraph
436	1., subparagraph 2., or subparagraph 3. shall, within 2 years
437	after the designated area becomes exempt, adopt into its local
438	comprehensive plan land use and transportation strategies to
439	support and fund mobility within the exception area, including
440	alternative modes of transportation. Local governments are
441	encouraged to adopt complementary land use and transportation
442	strategies that reflect the region's shared vision for its
443	future. If the state land planning agency finds insufficient
444	cause for the failure to adopt into its comprehensive plan land
445	use and transportation strategies to support and fund mobility
446	within the designated exception area after 2 years, it shall
447	submit the finding to the Administration Commission, which may
448	impose any of the sanctions set forth in s. 163.3184(11)(a) and
449	(b) against the local government.
450	5.  Transportation concurrency exception areas designated
451	pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
452	do not apply to designated transportation concurrency districts
453	located within a county that has a population of at least 1.5
454	million, has implemented and uses a transportation-related
455	concurrency assessment to support alternative modes of
456	transportation, including, but not limited to, mass transit, and
457	does not levy transportation impact fees within the concurrency
458	district.
459	6.  Transportation concurrency exception areas designated
460	under subparagraph 1., subparagraph 2., or subparagraph 3. do
461	not apply in any county that has exempted more than 40 percent
462	of the area inside the urban service area from transportation
463	concurrency for the purpose of urban infill.
464	7.  A local government that does not have a transportation
465	concurrency exception area designated pursuant to subparagraph
466	1., subparagraph 2., or subparagraph 3. may grant an exception
467	from the concurrency requirement for transportation facilities
468	if the proposed development is otherwise consistent with the
469	adopted local government comprehensive plan and is a project
470	that promotes public transportation or is located within an area
471	designated in the comprehensive plan for:
472	a.1.  Urban infill development;
473	b.2.  Urban redevelopment;
474	c.3.  Downtown revitalization;
475	d.4.  Urban infill and redevelopment under s. 163.2517; or
476	e.5.  An urban service area specifically designated as a
477	transportation concurrency exception area which includes lands
478	appropriate for compact, contiguous urban development, which
479	does not exceed the amount of land needed to accommodate the
480	projected population growth at densities consistent with the
481	adopted comprehensive plan within the 10-year planning period,
482	and which is served or is planned to be served with public
483	facilities and services as provided by the capital improvements
484	element.
485	(c)  The Legislature also finds that developments located
486	within urban infill, urban redevelopment, existing urban
487	service, or downtown revitalization areas or areas designated as
488	urban infill and redevelopment areas under s. 163.2517, which
489	pose only special part-time demands on the transportation
490	system, are exempt should be excepted from the concurrency
491	requirement for transportation facilities. A special part-time
492	demand is one that does not have more than 200 scheduled events
493	during any calendar year and does not affect the 100 highest
494	traffic volume hours.
495	(d)  Except for transportation concurrency exception areas
496	designated pursuant to subparagraph (b)1., subparagraph (b)2.,
497	or subparagraph (b)3., the following requirements apply: A local
498	government shall establish guidelines in the comprehensive plan
499	for granting the exceptions authorized in paragraphs (b) and (c)
500	and subsections (7) and (15) which must be consistent with and
501	support a comprehensive strategy adopted in the plan to promote
502	the purpose of the exceptions.
503	1.(e)  The local government shall both adopt into the
504	comprehensive plan and implement long-term strategies to support
505	and fund mobility within the designated exception area,
506	including alternative modes of transportation. The plan
507	amendment must also demonstrate how strategies will support the
508	purpose of the exception and how mobility within the designated
509	exception area will be provided.
510	2.  In addition, The strategies must address urban design;
511	appropriate land use mixes, including intensity and density; and
512	network connectivity plans needed to promote urban infill,
513	redevelopment, or downtown revitalization. The comprehensive
514	plan amendment designating the concurrency exception area must
515	be accompanied by data and analysis supporting the local
516	government's determination of the boundaries of the
517	transportation concurrency exception justifying the size of the
518	area.
519	(e)(f)  Before designating Prior to the designation of a
520	concurrency exception area pursuant to subparagraph (b)6., the
521	state land planning agency and the Department of Transportation
522	shall be consulted by the local government to assess the impact
523	that the proposed exception area is expected to have on the
524	adopted level-of-service standards established for regional
525	transportation facilities identified pursuant to s. 186.507,
526	including the Strategic Intermodal System facilities, as defined
527	in s. 339.64, and roadway facilities funded in accordance with
528	s. 339.2819. Further, the local government shall provide a plan
529	for the mitigation of, in consultation with the state land
530	planning agency and the Department of Transportation, develop a
531	plan to mitigate any impacts to the Strategic Intermodal System,
532	including, if appropriate, access management, parallel reliever
533	roads, transportation demand management, and other measures the
534	development of a long-term concurrency management system
535	pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
536	may be available only within the specific geographic area of the
537	jurisdiction designated in the plan. Pursuant to s. 163.3184,
538	any affected person may challenge a plan amendment establishing
539	these guidelines and the areas within which an exception could
540	be granted.
541	(g)  Transportation concurrency exception areas existing
542	prior to July 1, 2005, must, at a minimum, meet the provisions
543	of this section by July 1, 2006, or at the time of the
544	comprehensive plan update pursuant to the evaluation and
545	appraisal report, whichever occurs last.
546	(f)  The designation of a transportation concurrency
547	exception area does not limit a local government's home rule
548	power to adopt ordinances or impose fees. This subsection does
549	not affect any contract or agreement entered into or development
550	order rendered before the creation of the transportation
551	concurrency exception area except as provided in s.
552	380.06(29)(e).
553	(g)  The Office of Program Policy Analysis and Government
554	Accountability shall submit to the President of the Senate and
555	the Speaker of the House of Representatives by February 1, 2015,
556	a report on transportation concurrency exception areas created
557	pursuant to this subsection. At a minimum, the report shall
558	address the methods that local governments have used to
559	implement and fund transportation strategies to achieve the
560	purposes of designated transportation concurrency exception
561	areas, and the effects of the strategies on mobility,
562	congestion, urban design, the density and intensity of land use
563	mixes, and network connectivity plans used to promote urban
564	infill, redevelopment, or downtown revitalization.
565	(12)  A development of regional impact may satisfy the
566	transportation concurrency requirements of the local
567	comprehensive plan, the local government's concurrency
568	management system, and s. 380.06 by payment of a proportionate-
569	share contribution for local and regionally significant traffic
570	impacts, if:
571	(a)  The development of regional impact which, based on its
572	location or mix of land uses, is designed to encourage
573	pedestrian or other nonautomotive modes of transportation;
574	(b)  The proportionate-share contribution for local and
575	regionally significant traffic impacts is sufficient to pay for
576	one or more required mobility improvements that will benefit a
577	regionally significant transportation facility;
578	(c)  The owner and developer of the development of regional
579	impact pays or assures payment of the proportionate-share
580	contribution; and
581	(d)  If the regionally significant transportation facility
582	to be constructed or improved is under the maintenance authority
583	of a governmental entity, as defined by s. 334.03(12), other
584	than the local government with jurisdiction over the development
585	of regional impact, the developer is required to enter into a
586	binding and legally enforceable commitment to transfer funds to
587	the governmental entity having maintenance authority or to
588	otherwise assure construction or improvement of the facility.
589
590	The proportionate-share contribution may be applied to any
591	transportation facility to satisfy the provisions of this
592	subsection and the local comprehensive plan, but, for the
593	purposes of this subsection, the amount of the proportionate-
594	share contribution shall be calculated based upon the cumulative
595	number of trips from the proposed development expected to reach
596	roadways during the peak hour from the complete buildout of a
597	stage or phase being approved, divided by the change in the peak
598	hour maximum service volume of roadways resulting from
599	construction of an improvement necessary to maintain the adopted
600	level of service, multiplied by the construction cost, at the
601	time of developer payment, of the improvement necessary to
602	maintain the adopted level of service. For purposes of this
603	subsection, "construction cost" includes all associated costs of
604	the improvement. The cost of any improvements to a regionally
605	significant transportation facility constructed by the owner or
606	developer of the development of regional impact, including the
607	costs associated with accommodating a transit facility within
608	the development of regional impact which is in a county's or the
609	Department of Transportation's long range plan, shall be
610	credited against a development of regional impact's
611	proportionate-share contribution. Proportionate-share mitigation
612	shall be limited to ensure that a development of regional impact
613	meeting the requirements of this subsection mitigates its impact
614	on the transportation system but is not responsible for the
615	additional cost of reducing or eliminating backlogs. This
616	subsection also applies to Florida Quality Developments pursuant
617	to s. 380.061 and to detailed specific area plans implementing
618	optional sector plans pursuant to s. 163.3245.
619	(10)  Except in transportation concurrency exception areas,
620	with regard to roadway facilities on the Strategic Intermodal
621	System designated in accordance with s. ss. 339.61, 339.62,
622	339.63 , and 339.64, the Florida Intrastate Highway System as
623	defined in s. 338.001, and roadway facilities funded in
624	accordance with s. 339.2819, local governments shall adopt the
625	level-of-service standard established by the Department of
626	Transportation by rule. However, if the Office of Tourism,
627	Trade, and Economic Development concurs in writing with the
628	local government that the proposed development is for a
629	qualified job creation project under s. 288.0656 or s. 403.973,
630	the affected local government, after consulting with the
631	Department of Transportation, may provide for a waiver of
632	transportation concurrency for the project. For all other roads
633	on the State Highway System, local governments shall establish
634	an adequate level-of-service standard that need not be
635	consistent with any level-of-service standard established by the
636	Department of Transportation. In establishing adequate level-of-
637	service standards for any arterial roads, or collector roads as
638	appropriate, which traverse multiple jurisdictions, local
639	governments shall consider compatibility with the roadway
640	facility's adopted level-of-service standards in adjacent
641	jurisdictions. Each local government within a county shall use a
642	professionally accepted methodology for measuring impacts on
643	transportation facilities for the purposes of implementing its
644	concurrency management system. Counties are encouraged to
645	coordinate with adjacent counties, and local governments within
646	a county are encouraged to coordinate, for the purpose of using
647	common methodologies for measuring impacts on transportation
648	facilities for the purpose of implementing their concurrency
649	management systems.
650	(12)  A development of regional impact satisfies may
651	satisfy the transportation concurrency requirements of the local
652	comprehensive plan, the local government's concurrency
653	management system, and s. 380.06 by paying payment of a
654	proportionate-share contribution for local and regionally
655	significant traffic impacts, if:
656	(a)  The development of regional impact which, based on its
657	location or mix of land uses, is designed to encourage
658	pedestrian or other nonautomotive modes of transportation;
659	(b)  The proportionate-share contribution for local and
660	regionally significant traffic impacts is sufficient to pay for
661	one or more required mobility improvements that will benefit the
662	network of a regionally significant transportation facilities
663	facility;
664	(c)  The owner and developer of the development of regional
665	impact pays or assures payment of the proportionate-share
666	contribution to the local government having jurisdiction over
667	the development of regional impact; and
668	(d)  If the regionally significant transportation facility
669	to be constructed or improved is under the maintenance authority
670	of a governmental entity, as defined by s. 334.03(12), other
671	than the local government with jurisdiction over the development
672	of regional impact, the local government having jurisdiction
673	over the development of regional impact must developer is
674	required to enter into a binding and legally enforceable
675	commitment to transfer funds to the governmental entity having
676	maintenance authority or to otherwise assure construction or
677	improvement of a the facility reasonably related to the mobility
678	demands created by the development.
679
680	The proportionate-share contribution may be applied to any
681	transportation facility to satisfy the provisions of this
682	subsection and the local comprehensive plan, but, for the
683	purposes of this subsection, the amount of the proportionate-
684	share contribution shall be calculated based upon the cumulative
685	number of trips from the proposed development expected to reach
686	roadways during the peak hour from the complete buildout of a
687	stage or phase being approved, divided by the change in the peak
688	hour maximum service volume of roadways resulting from
689	construction of an improvement necessary to maintain the adopted
690	level of service, multiplied by the construction cost, at the
691	time of developer payment, of the improvement necessary to
692	maintain the adopted level of service. For purposes of this
693	subsection, "construction cost" includes all associated costs of
694	the improvement. Proportionate-share mitigation shall be limited
695	to ensure that a development of regional impact meeting the
696	requirements of this subsection mitigates its impact on the
697	transportation system but is not responsible for the additional
698	cost of reducing or eliminating backlogs. This subsection also
699	applies to Florida Quality Developments pursuant to s. 380.061
700	and to detailed specific area plans implementing optional sector
701	plans pursuant to s. 163.3245.
702	(13)  School concurrency shall be established on a
703	districtwide basis and shall include all public schools in the
704	district and all portions of the district, whether located in a
705	municipality or an unincorporated area unless exempt from the
706	public school facilities element pursuant to s. 163.3177(12).
707	The application of school concurrency to development shall be
708	based upon the adopted comprehensive plan, as amended. All local
709	governments within a county, except as provided in paragraph
710	(f), shall adopt and transmit to the state land planning agency
711	the necessary plan amendments, along with the interlocal
712	agreement, for a compliance review pursuant to s. 163.3184(7)
713	and (8). The minimum requirements for school concurrency are the
714	following:
715	(b)  Level-of-service standards.--The Legislature
716	recognizes that an essential requirement for a concurrency
717	management system is the level of service at which a public
718	facility is expected to operate.
719	1.  Local governments and school boards imposing school
720	concurrency shall exercise authority in conjunction with each
721	other to establish jointly adequate level-of-service standards,
722	as defined in chapter 9J-5, Florida Administrative Code,
723	necessary to implement the adopted local government
724	comprehensive plan, based on data and analysis.
725	2.  Public school level-of-service standards shall be
726	included and adopted into the capital improvements element of
727	the local comprehensive plan and shall apply districtwide to all
728	schools of the same type. Types of schools may include
729	elementary, middle, and high schools as well as special purpose
730	facilities such as magnet schools.
731	3.  Local governments and school boards shall have the
732	option to utilize tiered level-of-service standards to allow
733	time to achieve an adequate and desirable level of service as
734	circumstances warrant.
735	4.  For the purpose of determining whether levels of
736	service have been achieved, for the first 3 years of school
737	concurrency implementation, a school district that includes
738	relocatable facilities in its inventory of student stations
739	shall include the capacity of such relocatable facilities as
740	provided in s. 1013.35(2)(b)2.f., provided the relocatable
741	facilities were purchased after 1998 and the relocatable
742	facilities meet the standards for long-term use pursuant to s.
743	1013.20.
744	(e)  Availability standard.--Consistent with the public
745	welfare, a local government may not deny an application for site
746	plan, final subdivision approval, or the functional equivalent
747	for a development or phase of a development authorizing
748	residential development for failure to achieve and maintain the
749	level-of-service standard for public school capacity in a local
750	school concurrency management system where adequate school
751	facilities will be in place or under actual construction within
752	3 years after the issuance of final subdivision or site plan
753	approval, or the functional equivalent. School concurrency is
754	satisfied if the developer executes a legally binding commitment
755	to provide mitigation proportionate to the demand for public
756	school facilities to be created by actual development of the
757	property, including, but not limited to, the options described
758	in subparagraph 1. Options for proportionate-share mitigation of
759	impacts on public school facilities must be established in the
760	public school facilities element and the interlocal agreement
761	pursuant to s. 163.31777.
762	1.  Appropriate mitigation options include the contribution
763	of land; the construction, expansion, or payment for land
764	acquisition or construction of a public school facility; the
765	construction of a charter school that complies with the
766	requirements of s. 1002.33(18)(f); or the creation of mitigation
767	banking based on the construction of a public school facility in
768	exchange for the right to sell capacity credits. Such options
769	must include execution by the applicant and the local government
770	of a development agreement that constitutes a legally binding
771	commitment to pay proportionate-share mitigation for the
772	additional residential units approved by the local government in
773	a development order and actually developed on the property,
774	taking into account residential density allowed on the property
775	prior to the plan amendment that increased the overall
776	residential density. The district school board must be a party
777	to such an agreement. As a condition of its entry into such a
778	development agreement, the local government may require the
779	landowner to agree to continuing renewal of the agreement upon
780	its expiration.
781	2.  If the education facilities plan and the public
782	educational facilities element authorize a contribution of land;
783	the construction, expansion, or payment for land acquisition; or
784	the construction or expansion of a public school facility, or a
785	portion thereof; or the construction of a charter school that
786	complies with the requirements of s. 1002.33(18)(f), as
787	proportionate-share mitigation, the local government shall
788	credit such a contribution, construction, expansion, or payment
789	toward any other impact fee or exaction imposed by local
790	ordinance for the same need, on a dollar-for-dollar basis at
791	fair market value.
792	3.  Any proportionate-share mitigation must be directed by
793	the school board toward a school capacity improvement identified
794	in a financially feasible 5-year district work plan that
795	satisfies the demands created by the development in accordance
796	with a binding developer's agreement.
797	4.  If a development is precluded from commencing because
798	there is inadequate classroom capacity to mitigate the impacts
799	of the development, the development may nevertheless commence if
800	there are accelerated facilities in an approved capital
801	improvement element scheduled for construction in year four or
802	later of such plan which, when built, will mitigate the proposed
803	development, or if such accelerated facilities will be in the
804	next annual update of the capital facilities element, the
805	developer enters into a binding, financially guaranteed
806	agreement with the school district to construct an accelerated
807	facility within the first 3 years of an approved capital
808	improvement plan, and the cost of the school facility is equal
809	to or greater than the development's proportionate share. When
810	the completed school facility is conveyed to the school
811	district, the developer shall receive impact fee credits usable
812	within the zone where the facility is constructed or any
813	attendance zone contiguous with or adjacent to the zone where
814	the facility is constructed.
815	5.  This paragraph does not limit the authority of a local
816	government to deny a development permit or its functional
817	equivalent pursuant to its home rule regulatory powers, except
818	as provided in this part.
819	Section 4.  Paragraph (d) of subsection (3) of section
820	163.31801, Florida Statutes, is amended to read:
821	163.31801  Impact fees; short title; intent; definitions;
822	ordinances levying impact fees.--
823	(3)  An impact fee adopted by ordinance of a county or
824	municipality or by resolution of a special district must, at
825	minimum:
826	(d)  Require that notice be provided no less than 90 days
827	before the effective date of an ordinance or resolution imposing
828	a new or increased amended impact fee. A county or municipality
829	is not required to wait 90 days to decrease, suspend, or
830	eliminate an impact fee.
831	Section 5.  Section 163.31802, Florida Statutes, is created
832	to read:
833	163.31802  Prohibited standards for security devices.--A
834	county, municipality, or other entity of local government may
835	not adopt or maintain in effect an ordinance or rule that
836	establishes standards for security cameras that require a lawful
837	business to expend funds to enhance the services or functions
838	provided by local government unless specifically provided by
839	general law. Nothing in this section shall be construed to limit
840	the ability of a county, municipality, airport, seaport, or
841	other local governmental entity to adopt standards for security
842	cameras in publicly operated facilities, including standards for
843	private businesses operating within such public facilities
844	pursuant to a lease or other contractual arrangement.
845	Section 6.  Paragraph (b) of subsection (1) of section
846	163.3184, Florida Statutes, is amended, and paragraph (e) is
847	added to subsection (3) of that section, to read:
848	163.3184  Process for adoption of comprehensive plan or
849	plan amendment.--
850	(1)  DEFINITIONS.--As used in this section, the term:
851	(b)  "In compliance" means consistent with the requirements
852	of ss. 163.3177, when a local government adopts an educational
853	facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
854	with the state comprehensive plan, with the appropriate
855	strategic regional policy plan, and with chapter 9J-5, Florida
856	Administrative Code, where such rule is not inconsistent with
857	this part and with the principles for guiding development in
858	designated areas of critical state concern and with part III of
859	chapter 369, where applicable.
860	(3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
861	AMENDMENT.--
862	(e)  At the request of an applicant, a local government
863	shall consider an application for zoning changes that would be
864	required to properly enact the provisions of any proposed plan
865	amendment transmitted pursuant to this subsection. Zoning
866	changes approved by the local government are contingent upon the
867	state land planning agency issuing a notice of intent to find
868	that the comprehensive plan or plan amendment transmitted is in
869	compliance with this act.
870	Section 7.  Paragraphs (b) and (f) of subsection (1) of
871	section 163.3187, Florida Statutes, are amended, and paragraph
872	(q) is added to that subsection, to read:
873	163.3187  Amendment of adopted comprehensive plan.--
874	(1)  Amendments to comprehensive plans adopted pursuant to
875	this part may be made not more than two times during any
876	calendar year, except:
877	(b)  Any local government comprehensive plan amendments
878	directly related to a proposed development of regional impact,
879	including changes which have been determined to be substantial
880	deviations and including Florida Quality Developments pursuant
881	to s. 380.061, may be initiated by a local planning agency and
882	considered by the local governing body at the same time as the
883	application for development approval using the procedures
884	provided for local plan amendment in this section and applicable
885	local ordinances, without regard to statutory or local ordinance
886	limits on the frequency of consideration of amendments to the
887	local comprehensive plan. Nothing in this subsection shall be
888	deemed to require favorable consideration of a plan amendment
889	solely because it is related to a development of regional
890	impact.
891	(f)  Any comprehensive plan amendment that changes the
892	schedule in The capital improvements element annual update
893	required in s. 163.3177(3)(b)1., and any amendments directly
894	related to the schedule, may be made once in a calendar year on
895	a date different from the two times provided in this subsection
896	when necessary to coincide with the adoption of the local
897	government's budget and capital improvements program.
898	(q)  Any local government plan amendment to designate an
899	urban service area as a transportation concurrency exception
900	area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
901	development-of-regional-impact process under s. 380.06(29).
902	Section 9.  Subsection (2) of section 163.32465, Florida
903	Statutes, is amended to read:
904	163.32465  State review of local comprehensive plans in
905	urban areas.--
906	(2)  ALTERNATIVE STATE REVIEW PROCESS PILOT
907	PROGRAM.--Pinellas and Broward Counties, and the municipalities
908	within these counties, and Jacksonville, Miami, Tampa, and
909	Hialeah shall follow an alternative state review process
910	provided in this section. Municipalities within the pilot
911	counties may elect, by super majority vote of the governing
912	body, not to participate in the pilot program.  In addition to
913	the pilot program jurisdictions, any local government may use
914	the alternative state review process to designate an urban
915	service area as defined in s. 163.3164(29) in its comprehensive
916	plan.
917	Section 11.  Section 171.091, Florida Statutes, is amended
918	to read:
919	171.091  Recording.--Any change in the municipal boundaries
920	through annexation or contraction shall revise the charter
921	boundary article and shall be filed as a revision of the charter
922	with the Department of State within 30 days. A copy of such
923	revision must be submitted to the Office of Economic and
924	Demographic Research along with a statement specifying the
925	population census effect and the affected land area.
926	Section 12.  Section 186.509, Florida Statutes, is amended
927	to read:
928	186.509  Dispute resolution process.--Each regional
929	planning council shall establish by rule a dispute resolution
930	process to reconcile differences on planning and growth
931	management issues between local governments, regional agencies,
932	and private interests. The dispute resolution process shall,
933	within a reasonable set of timeframes, provide for: voluntary
934	meetings among the disputing parties; if those meetings fail to
935	resolve the dispute, initiation of mandatory voluntary mediation
936	or a similar process; if that process fails, initiation of
937	arbitration or administrative or judicial action, where
938	appropriate. The council shall not utilize the dispute
939	resolution process to address disputes involving environmental
940	permits or other regulatory matters unless requested to do so by
941	the parties. The resolution of any issue through the dispute
942	resolution process shall not alter any person's right to a
943	judicial determination of any issue if that person is entitled
944	to such a determination under statutory or common law.
945	Section 13.  Paragraph (a) of subsection (7) and
946	subsections (24) and (28) of section 380.06, Florida Statutes,
947	are amended, and subsection (29) is added to that section, to
948	read:
949	380.06  Developments of regional impact.--
950	(7)  PREAPPLICATION PROCEDURES.--
951	(a)  Before filing an application for development approval,
952	the developer shall contact the regional planning agency with
953	jurisdiction over the proposed development to arrange a
954	preapplication conference. Upon the request of the developer or
955	the regional planning agency, other affected state and regional
956	agencies shall participate in this conference and shall identify
957	the types of permits issued by the agencies, the level of
958	information required, and the permit issuance procedures as
959	applied to the proposed development. The levels of service
960	required in the transportation methodology shall be the same
961	levels of service used to evaluate concurrency in accordance
962	with s. 163.3180. The regional planning agency shall provide the
963	developer information about the development-of-regional-impact
964	process and the use of preapplication conferences to identify
965	issues, coordinate appropriate state and local agency
966	requirements, and otherwise promote a proper and efficient
967	review of the proposed development. If agreement is reached
968	regarding assumptions and methodology to be used in the
969	application for development approval, the reviewing agencies may
970	not subsequently object to those assumptions and methodologies
971	unless subsequent changes to the project or information obtained
972	during the review make those assumptions and methodologies
973	inappropriate.
974	(24)  STATUTORY EXEMPTIONS.--
975	(a)  Any proposed hospital is exempt from the provisions of
976	this section.
977	(b)  Any proposed electrical transmission line or
978	electrical power plant is exempt from the provisions of this
979	section.
980	(c)  Any proposed addition to an existing sports facility
981	complex is exempt from the provisions of this section if the
982	addition meets the following characteristics:
983	1.  It would not operate concurrently with the scheduled
984	hours of operation of the existing facility.
985	2.  Its seating capacity would be no more than 75 percent
986	of the capacity of the existing facility.
987	3.  The sports facility complex property is owned by a
988	public body prior to July 1, 1983.
989
990	This exemption does not apply to any pari-mutuel facility.
991	(d)  Any proposed addition or cumulative additions
992	subsequent to July 1, 1988, to an existing sports facility
993	complex owned by a state university is exempt if the increased
994	seating capacity of the complex is no more than 30 percent of
995	the capacity of the existing facility.
996	(e)  Any addition of permanent seats or parking spaces for
997	an existing sports facility located on property owned by a
998	public body prior to July 1, 1973, is exempt from the provisions
999	of this section if future additions do not expand existing
1000	permanent seating or parking capacity more than 15 percent
1001	annually in excess of the prior year's capacity.
1002	(f)  Any increase in the seating capacity of an existing
1003	sports facility having a permanent seating capacity of at least
1004	50,000 spectators is exempt from the provisions of this section,
1005	provided that such an increase does not increase permanent
1006	seating capacity by more than 5 percent per year and not to
1007	exceed a total of 10 percent in any 5-year period, and provided
1008	that the sports facility notifies the appropriate local
1009	government within which the facility is located of the increase
1010	at least 6 months prior to the initial use of the increased
1011	seating, in order to permit the appropriate local government to
1012	develop a traffic management plan for the traffic generated by
1013	the increase. Any traffic management plan shall be consistent
1014	with the local comprehensive plan, the regional policy plan, and
1015	the state comprehensive plan.
1016	(g)  Any expansion in the permanent seating capacity or
1017	additional improved parking facilities of an existing sports
1018	facility is exempt from the provisions of this section, if the
1019	following conditions exist:
1020	1.a.  The sports facility had a permanent seating capacity
1021	on January 1, 1991, of at least 41,000 spectator seats;
1022	b.  The sum of such expansions in permanent seating
1023	capacity does not exceed a total of 10 percent in any 5-year
1024	period and does not exceed a cumulative total of 20 percent for
1025	any such expansions; or
1026	c.  The increase in additional improved parking facilities
1027	is a one-time addition and does not exceed 3,500 parking spaces
1028	serving the sports facility; and
1029	2.  The local government having jurisdiction of the sports
1030	facility includes in the development order or development permit
1031	approving such expansion under this paragraph a finding of fact
1032	that the proposed expansion is consistent with the
1033	transportation, water, sewer and stormwater drainage provisions
1034	of the approved local comprehensive plan and local land
1035	development regulations relating to those provisions.
1036
1037	Any owner or developer who intends to rely on this statutory
1038	exemption shall provide to the department a copy of the local
1039	government application for a development permit. Within 45 days
1040	of receipt of the application, the department shall render to
1041	the local government an advisory and nonbinding opinion, in
1042	writing, stating whether, in the department's opinion, the
1043	prescribed conditions exist for an exemption under this
1044	paragraph. The local government shall render the development
1045	order approving each such expansion to the department. The
1046	owner, developer, or department may appeal the local government
1047	development order pursuant to s. 380.07, within 45 days after
1048	the order is rendered. The scope of review shall be limited to
1049	the determination of whether the conditions prescribed in this
1050	paragraph exist. If any sports facility expansion undergoes
1051	development-of-regional-impact review, all previous expansions
1052	which were exempt under this paragraph shall be included in the
1053	development-of-regional-impact review.
1054	(h)  Expansion to port harbors, spoil disposal sites,
1055	navigation channels, turning basins, harbor berths, and other
1056	related inwater harbor facilities of ports listed in s.
1057	403.021(9)(b), port transportation facilities and projects
1058	listed in s. 311.07(3)(b), and intermodal transportation
1059	facilities identified pursuant to s. 311.09(3) are exempt from
1060	the provisions of this section when such expansions, projects,
1061	or facilities are consistent with comprehensive master plans
1062	that are in compliance with the provisions of s. 163.3178.
1063	(i)  Any proposed facility for the storage of any petroleum
1064	product or any expansion of an existing facility is exempt from
1065	the provisions of this section.
1066	(j)  Any renovation or redevelopment within the same land
1067	parcel which does not change land use or increase density or
1068	intensity of use.
1069	(k)  Waterport and marina development, including dry
1070	storage facilities, are exempt from the provisions of this
1071	section.
1072	(l)  Any proposed development within an urban service
1073	boundary established under s. 163.3177(14), which is not
1074	otherwise exempt pursuant to subsection (29), is exempt from the
1075	provisions of this section if the local government having
1076	jurisdiction over the area where the development is proposed has
1077	adopted the urban service boundary, has entered into a binding
1078	agreement with jurisdictions that would be impacted and with the
1079	Department of Transportation regarding the mitigation of impacts
1080	on state and regional transportation facilities, and has adopted
1081	a proportionate share methodology pursuant to s. 163.3180(16).
1082	(m)  Any proposed development within a rural land
1083	stewardship area created under s. 163.3177(11)(d) is exempt from
1084	the provisions of this section if the local government that has
1085	adopted the rural land stewardship area has entered into a
1086	binding agreement with jurisdictions that would be impacted and
1087	the Department of Transportation regarding the mitigation of
1088	impacts on state and regional transportation facilities, and has
1089	adopted a proportionate share methodology pursuant to s.
1090	163.3180(16).
1091	(n)  Any proposed development or redevelopment within an
1092	area designated as an urban infill and redevelopment area under
1093	s. 163.2517 is exempt from this section if the local government
1094	has entered into a binding agreement with jurisdictions that
1095	would be impacted and the Department of Transportation regarding
1096	the mitigation of impacts on state and regional transportation
1097	facilities, and has adopted a proportionate share methodology
1098	pursuant to s. 163.3180(16).
1099	(n)(o)  The establishment, relocation, or expansion of any
1100	military installation as defined in s. 163.3175, is exempt from
1101	this section.
1102	(o)(p)  Any self-storage warehousing that does not allow
1103	retail or other services is exempt from this section.
1104	(p)(q)  Any proposed nursing home or assisted living
1105	facility is exempt from this section.
1106	(q)(r)  Any development identified in an airport master
1107	plan and adopted into the comprehensive plan pursuant to s.
1108	163.3177(6)(k) is exempt from this section.
1109	(r)(s)  Any development identified in a campus master plan
1110	and adopted pursuant to s. 1013.30 is exempt from this section.
1111	(s)(t)  Any development in a specific area plan which is
1112	prepared pursuant to s. 163.3245 and adopted into the
1113	comprehensive plan is exempt from this section.
1114	(t)(u)  Any development within a county with a research and
1115	education authority created by special act and that is also
1116	within a research and development park that is operated or
1117	managed by a research and development authority pursuant to part
1118	V of chapter 159 is exempt from this section.
1119
1120	If a use is exempt from review as a development of regional
1121	impact under paragraphs (a)-(s)(t), but will be part of a larger
1122	project that is subject to review as a development of regional
1123	impact, the impact of the exempt use must be included in the
1124	review of the larger project, unless such exempt use involves a
1125	development of regional impact for a landowner, tenant, or user
1126	that has entered into a funding agreement with the Office of
1127	Tourism, Trade, and Economic Development under the Innovation
1128	Incentive Program and the agreement contemplates a state award
1129	of at least $50 million.
1130	(28)  PARTIAL STATUTORY EXEMPTIONS.--
1131	(a)  If the binding agreement referenced under paragraph
1132	(24)(l) for urban service boundaries is not entered into within
1133	12 months after establishment of the urban service boundary, the
1134	development-of-regional-impact review for projects within the
1135	urban service boundary must address transportation impacts only.
1136	(b)  If the binding agreement referenced under paragraph
1137	(24)(m) for rural land stewardship areas is not entered into
1138	within 12 months after the designation of a rural land
1139	stewardship area, the development-of-regional-impact review for
1140	projects within the rural land stewardship area must address
1141	transportation impacts only.
1142	(c)  If the binding agreement referenced under paragraph
1143	(24)(n) for designated urban infill and redevelopment areas is
1144	not entered into within 12 months after the designation of the
1145	area or July 1, 2007, whichever occurs later, the development-
1146	of-regional-impact review for projects within the urban infill
1147	and redevelopment area must address transportation impacts only.
1148	(d)  A local government that does not wish to enter into a
1149	binding agreement or that is unable to agree on the terms of the
1150	agreement referenced under paragraph (24)(l) or, paragraph
1151	(24)(m), or paragraph (24)(n) shall provide written notification
1152	to the state land planning agency of the decision to not enter
1153	into a binding agreement or the failure to enter into a binding
1154	agreement within the 12-month period referenced in paragraphs
1155	(a), (b) and (c). Following the notification of the state land
1156	planning agency, development-of-regional-impact review for
1157	projects within an urban service boundary under paragraph
1158	(24)(l), or a rural land stewardship area under paragraph
1159	(24)(m), or an urban infill and redevelopment area under
1160	paragraph (24)(n), must address transportation impacts only.
1161	(e)  The vesting provision of s. 163.3167(8) relating to an
1162	authorized development of regional impact shall not apply to
1163	those projects partially exempt from the development-of-
1164	regional-impact review process under paragraphs (a)-(d).
1165	(29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.--
1166	(a)  The following are exempt from this section:
1167	1.  Any proposed development in a municipality that
1168	qualifies as a dense urban land area as defined in s. 163.3164;
1169	2.  Any proposed development within a county that qualifies
1170	as a dense urban land area as defined in s. 163.3164 and that is
1171	located within an urban service area defined in s. 163.3164
1172	which has been adopted into the comprehensive plan; or
1173	3.  Any proposed development within a county, including the
1174	municipalities located therein, which has a population of at
1175	least 900,000, which qualifies as a dense urban land area under
1176	s. 163.3164, but which does not have an urban service area
1177	designated in the comprehensive plan.
1178	(b)  If a municipality that does not qualify as a dense
1179	urban land area pursuant to s. 163.3164 designates any of the
1180	following areas in its comprehensive plan, any proposed
1181	development within the designated area is exempt from the
1182	development-of-regional-impact process:
1183	1.  Urban infill as defined in s. 163.3164;
1184	2.  Community redevelopment areas as defined in s. 163.340;
1185	3.  Downtown revitalization areas as defined in s.
1186	163.3164;
1187	4.  Urban infill and redevelopment under s. 163.2517; or
1188	5.  Urban service areas as defined in s. 163.3164 or areas
1189	within a designated urban service boundary under s.
1190	163.3177(14).
1191	(c)  If a county that does not qualify as a dense urban
1192	land area pursuant to s. 163.3164 designates any of the
1193	following areas in its comprehensive plan, any proposed
1194	development within the designated area is exempt from the
1195	development-of-regional-impact process:
1196	1.  Urban infill as defined in s. 163.3164;
1197	2.  Urban infill and redevelopment under s. 163.2517; or
1198	3.  Urban service areas as defined in s. 163.3164.
1199	(d)  A development that is located partially outside an
1200	area that is exempt from the development-of-regional-impact
1201	program must undergo development-of-regional-impact review
1202	pursuant to this section.
1203	(e)  In an area that is exempt under paragraphs (a)-(c),
1204	any previously approved development-of-regional-impact
1205	development orders shall continue to be effective, but the
1206	developer has the option to be governed by s. 380.115(1). A
1207	pending application for development approval shall be governed
1208	by s. 380.115(2). A development that has a pending application
1209	for a comprehensive plan amendment and that elects not to
1210	continue development-of-regional-impact review is exempt from
1211	the limitation on plan amendments set forth in s. 163.3187(1)
1212	for the year following the effective date of the exemption.
1213	(f)  Local governments must submit by mail a development
1214	order to the state land planning agency for projects that would
1215	be larger than 120 percent of any applicable development-of
1216	regional-impact threshold and would require development-of-
1217	regional-impact review but for the exemption from the program
1218	under paragraphs (a)-(c). For such development orders, the state
1219	land planning agency may appeal the development order pursuant
1220	to s. 380.07 for inconsistency with the comprehensive plan
1221	adopted under chapter 163.
1222	(g)  If a local government that qualifies as a dense urban
1223	land area under this subsection is subsequently found to be
1224	ineligible for designation as a dense urban land area, any
1225	development located within that area which has a complete,
1226	pending application for authorization to commence development
1227	may maintain the exemption if the developer is continuing the
1228	application process in good faith or the development is
1229	approved.
1230	(h)  This subsection does not limit or modify the rights of
1231	any person to complete any development that has been authorized
1232	as a development of regional impact pursuant to this chapter.
1233	(i)  This subsection does not apply to areas:
1234	1.  Within the boundary of any area of critical state
1235	concern designated pursuant to s. 380.05;
1236	2.  Within the boundary of the Wekiva Study Area as
1237	described in s. 369.316; or
1238	3.  Within 2 miles of the boundary of the Everglades
1239	Protection Area as described in s. 373.4592(2).
1240	Section 14.  (1)(a)  The Legislature finds that the
1241	existing transportation concurrency system has not adequately
1242	addressed the transportation needs of this state in an
1243	effective, predictable, and equitable manner and is not
1244	producing a sustainable transportation system for the state. The
1245	Legislature finds that the current system is complex,
1246	inequitable, lacks uniformity among jurisdictions, is too
1247	focused on roadways to the detriment of desired land use
1248	patterns and transportation alternatives, and frequently
1249	prevents the attainment of important growth management goals.
1250	(b)  The Legislature determines that the state shall
1251	evaluate and consider the implementation of a mobility fee to
1252	replace the existing transportation concurrency system. The
1253	mobility fee should be designed to provide for mobility needs,
1254	ensure that development provides mitigation for its impacts on
1255	the transportation system in approximate proportionality to
1256	those impacts, fairly distribute the fee among the governmental
1257	entities responsible for maintaining the impacted roadways, and
1258	promote compact, mixed-use, and energy-efficient development.
1259	(2)  The state land planning agency and the Department of
1260	Transportation shall continue their respective current mobility
1261	fee studies and develop and submit to the President of the
1262	Senate and the Speaker of the House of Representatives, no later
1263	than December 1, 2009, a final joint report on the mobility fee
1264	methodology study, complete with recommended legislation and a
1265	plan to implement the mobility fee as a replacement for the
1266	existing local government adopted and implemented transportation
1267	concurrency management systems. The final joint report shall
1268	also contain, but is not limited to, an economic analysis of
1269	implementation of the mobility fee, activities necessary to
1270	implement the fee, and potential costs and benefits at the state
1271	and local levels and to the private sector.
1272	Section 15.  (1)  Except as provided in subsection (4), and
1273	in recognition of 2009 real estate market conditions, any permit
1274	issued by the Department of Environmental Protection or a water
1275	management district pursuant to part IV of chapter 373, Florida
1276	Statutes, that has an expiration date of September 1, 2008,
1277	through January 1, 2012, is extended and renewed for a period of
1278	2 years following its date of expiration. This extension
1279	includes any local government-issued development order or
1280	building permit. The 2-year extension also applies to build out
1281	dates including any build out date extension previously granted
1282	under s. 380.06(19)(c). This section shall not be construed to
1283	prohibit conversion from the construction phase to the operation
1284	phase upon completion of construction.
1285	(2)  The commencement and completion dates for any required
1286	mitigation associated with a phased construction project shall
1287	be extended such that mitigation takes place in the same
1288	timeframe relative to the phase as originally permitted.
1289	(3)  The holder of a valid permit or other authorization
1290	that is eligible for the 2-year extension shall notify the
1291	authorizing agency in writing no later than December 31, 2009,
1292	identifying the specific authorization for which the holder
1293	intends to use the extension and the anticipated timeframe for
1294	acting on the authorization.
1295	(4)  The extension provided for in subsection (1) does not
1296	apply to:
1297	(a)  A permit or other authorization under any programmatic
1298	or regional general permit issued by the Army Corps of
1299	Engineers.
1300	(b)  A permit or other authorization held by an owner or
1301	operator determined to be in significant noncompliance with the
1302	conditions of the permit or authorization as established through
1303	the issuance of a warning letter or notice of violation, the
1304	initiation of formal enforcement, or other equivalent action by
1305	the authorizing agency.
1306	(c)  A permit or other authorization, if granted an
1307	extension, that would delay or prevent compliance with a court
1308	order.
1309	(5)  Permits extended under this section shall continue to
1310	be governed by rules in effect at the time the permit was
1311	issued, except when it can be demonstrated that the rules in
1312	effect at the time the permit was issued would create an
1313	immediate threat to public safety or health. This provision
1314	shall apply to any modification of the plans, terms, and
1315	conditions of the permit that lessens the environmental impact,
1316	except that any such modification shall not extend the time
1317	limit beyond 2 additional years.
1318	(6)  Nothing in this section shall impair the authority of
1319	a county or municipality to require the owner of a property,
1320	that has notified the county or municipality of the owner's
1321	intention to receive the extension of time granted by this
1322	section, to maintain and secure the property in a safe and
1323	sanitary condition in compliance with applicable laws and
1324	ordinances.
1325	Section 16.  The Legislature finds that this act fulfills
1326	an important state interest.
1327	Section 17.  This act shall take effect upon becoming a
1328	law.
1329
1330	-----------------------------------------------------
1331	T I T L E  A M E N D M E N T
1332	Remove the entire title and insert:
1333	A bill to be entitled
1334	An act relating to growth management; providing a short
1335	title; amending s. 163.3164, F.S.; revising the definition
1336	of the term "existing urban service area"; providing a
1337	definition for the term "dense urban land area" and
1338	providing requirements of the Office of Economic and
1339	Demographic Research and the state land planning agency
1340	with respect thereto; amending s. 163.3177, F.S.; revising
1341	requirements for adopting amendments to the capital
1342	improvements element of a local comprehensive plan;
1343	revising requirements for future land use plan elements
1344	and intergovernmental coordination elements of a local
1345	comprehensive plan; revising requirements for the public
1346	school facilities element implementing a school
1347	concurrency program; deleting a penalty for local
1348	governments that fail to adopt a public school facilities
1349	element and interlocal agreement; authorizing the
1350	Administration Commission to impose sanctions; deleting
1351	authority of the Administration Commission to impose
1352	sanctions on a school board; amending s. 163.3180, F.S.;
1353	specifying certain transportation facilities as committed
1354	facilities; revising concurrency requirements; providing
1355	legislative findings relating to transportation
1356	concurrency exception areas; providing for the
1357	applicability of transportation concurrency exception
1358	areas; deleting certain requirements for transportation
1359	concurrency exception areas; providing that the
1360	designation of a transportation concurrency exception area
1361	does not limit a local government's home rule power to
1362	adopt ordinances or impose fees and does not affect any
1363	contract or agreement entered into or development order
1364	rendered before such designation; requiring the Office of
1365	Program Policy Analysis and Government Accountability to
1366	submit a report to the Legislature concerning the effects
1367	of the transportation concurrency exception areas;
1368	authorizing local governments to provide for a waiver of
1369	transportation concurrency requirements for certain
1370	projects under certain circumstances; providing for
1371	crediting the costs of  improvements to certain regionally
1372	significant transportation facilities against a
1373	development of regional impact's proportionate-share
1374	contribution; revising development of regional impact
1375	concurrency requirements; revising school concurrency
1376	requirements; requiring charter schools to be considered
1377	as a mitigation option under certain circumstances;
1378	amending s. 163.31801, F.S.; revising requirements for
1379	adoption of impact fees; creating s. 163.31802, F.S.;
1380	prohibiting establishment of local standards for security
1381	cameras requiring businesses to expend funds to enhance
1382	local governmental services or functions under certain
1383	circumstances; amending s. 163.3184, F.S.; revising a
1384	definition; requiring local governments to consider
1385	applications for certain zoning changes required to comply
1386	with proposed plan amendments; amending s. 163.3187, F.S.;
1387	revising certain comprehensive plan amendments that are
1388	exempt from the twice-per-year limitation; exempting
1389	certain additional comprehensive plan amendments from the
1390	twice-per-year limitation; amending s. 163.32465, F.S.;
1391	authorizing local governments to use the alternative state
1392	review process to designate urban service areas; amending
1393	s. 171.091, F.S.; requiring that a municipality submit a
1394	copy of any revision to the charter boundary article which
1395	results from an annexation or contraction to the Office of
1396	Economic and Demographic Research; amending s. 186.509,
1397	F.S.; revising provisions relating to a dispute resolution
1398	process to reconcile differences on planning and growth
1399	management issues between certain parties of interest;
1400	providing for mandatory mediation; amending s. 380.06,
1401	F.S.; specifying levels of service required in the
1402	transportation methodology to be the same levels of
1403	service used to evaluate concurrency; revising statutory
1404	exemptions from the development of the regional impact
1405	review process; providing exemptions for dense urban land
1406	areas from the development-of-regional-impact program;
1407	providing exceptions; providing legislative findings and
1408	determinations relating to replacing the existing
1409	transportation concurrency system with a mobility fee
1410	system; requiring the state land planning agency and the
1411	Department of Transportation to continue mobility fee
1412	studies; requiring a joint report on a mobility fee
1413	methodology study to the Legislature; specifying report
1414	requirements; correcting cross-references; providing for
1415	extending and renewing certain permits subject to certain
1416	expiration dates; providing for application of the
1417	extension to certain related activities; providing for
1418	extension of commencement and completion dates; requiring
1419	permitholders to notify authorizing agencies of intent to
1420	use the extension and anticipated time of the extension;
1421	specifying nonapplication to certain permits; providing
1422	for application of certain rules to extended permits;
1423	preserving the authority of counties and municipalities to
1424	impose certain security and sanitary requirements on
1425	property owners under certain circumstances; requiring
1426	permitholders to notify permitting agencies of intent to
1427	use the extension; providing a legislative declaration of
1428	important state interest; providing an effective date.

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