Florida Senate - 2009 CS for SB 360
By the Committee on Community Affairs and Senators Bennett,
Gaetz, Ring, Pruitt, Haridopolos, Richter, Hill, and King
578-02102-09 2009360c1
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 Transportation concurrency exception areas do not apply to
185 designated transportation concurrency districts within a county
186 that has a population of at least 1.5 million, that has
187 implemented and uses a transportation-related concurrency
188 assessment to support alternative modes of transportation, such
189 as mass transit, and that does not levy transportation impact
190 fees within the concurrency district.
191 2. Local governments that do not qualify as dense urban
192 land area as defined in s. 163.3164(5) A local government may
193 grant an exception from the concurrency requirement for
194 transportation facilities if the proposed development is
195 otherwise consistent with the adopted local government
196 comprehensive plan and is a project that promotes public
197 transportation or is located within an area designated in the
198 comprehensive plan for:
199 a.1. Urban infill development;
200 b.2. Urban redevelopment;
201 c.3. Downtown revitalization;
202 d.4. Urban infill and redevelopment under s. 163.2517; or
203 e.5. An urban service area specifically designated as a
204 transportation concurrency exception area which includes lands
205 appropriate for compact, contiguous urban development, which
206 does not exceed the amount of land needed to accommodate the
207 projected population growth at densities consistent with the
208 adopted comprehensive plan within the 10-year planning period,
209 and which is served or is planned to be served with public
210 facilities and services as provided by the capital improvements
211 element.
212 (c) Projects having special part-time demand.—The
213 Legislature also finds that developments located within urban
214 infill, urban redevelopment, existing urban service, or downtown
215 revitalization areas or areas designated as urban infill and
216 redevelopment areas under s. 163.2517, which pose only special
217 part-time demands on the transportation system, are exempt
218 should be excepted from the concurrency requirement for
219 transportation facilities. A special part-time demand is one
220 that does not have more than 200 scheduled events during any
221 calendar year and does not affect the 100 highest traffic volume
222 hours.
223 (d) Long-term strategies within transportation concurrency
224 exception areas.—Except for transportation concurrency exception
225 areas established pursuant to subparagraph (b)1., the following
226 requirements apply: A local government shall establish
227 guidelines in the comprehensive plan for granting the exceptions
228 authorized in paragraphs (b) and (c) and subsections (7) and
229 (15) which must be consistent with and support a comprehensive
230 strategy adopted in the plan to promote the purpose of the
231 exceptions.
232 1.(e) The local government shall both adopt into the
233 comprehensive plan and implement long-term strategies to support
234 and fund mobility within the designated exception area,
235 including alternative modes of transportation. The plan
236 amendment must also demonstrate how strategies will support the
237 purpose of the exception and how mobility within the designated
238 exception area will be provided.
239 2. In addition, The strategies must address urban design;
240 appropriate land use mixes, including intensity and density; and
241 network connectivity plans needed to promote urban infill,
242 redevelopment, or downtown revitalization. The comprehensive
243 plan amendment designating the concurrency exception area must
244 be accompanied by data and analysis justifying the size of the
245 area.
246 (e)(f) Strategic Intermodal System.—Before designating
247 Prior to the designation of a concurrency exception area
248 pursuant to subparagraph (b)2., the state land planning agency
249 and the Department of Transportation shall be consulted by the
250 local government to assess the impact that the proposed
251 exception area is expected to have on the adopted level-of
252 service standards established for Strategic Intermodal System
253 facilities, as defined in s. 339.64, and roadway facilities
254 funded in accordance with s. 339.2819 and to provide for the
255 mitigation of impacts. Further, the local government shall
256 provide for the mitigation of, in consultation with the state
257 land planning agency and the Department of Transportation,
258 develop a plan to mitigate any impacts to the Strategic
259 Intermodal System, including, if appropriate, access management,
260 parallel reliever roads, transportation demand management, and
261 other measures the development of a long-term concurrency
262 management system pursuant to subsection (9) and s.
263 163.3177(3)(d). The exceptions may be available only within the
264 specific geographic area of the jurisdiction designated in the
265 plan. Pursuant to s. 163.3184, any affected person may challenge
266 a plan amendment establishing these guidelines and the areas
267 within which an exception could be granted.
268 (g) Transportation concurrency exception areas existing
269 prior to July 1, 2005, must, at a minimum, meet the provisions
270 of this section by July 1, 2006, or at the time of the
271 comprehensive plan update pursuant to the evaluation and
272 appraisal report, whichever occurs last.
273 (10) With regard to roadway facilities on the Strategic
274 Intermodal System designated in accordance with s. 339.63 ss.
275 339.61, 339.62, 339.63, and 339.64, the Florida Intrastate
276 Highway System as defined in s. 338.001, and roadway facilities
277 funded in accordance with s. 339.2819, local governments shall
278 adopt the level-of-service standard established by the
279 Department of Transportation by rule. However, if the Office of
280 Tourism, Trade, and Economic Development concurs in writing with
281 the local government that the proposed development is for a
282 qualified job creation project under s. 288.0656 or s. 403.973,
283 the affected local government, after consulting with the
284 Department of Transportation, may allow for a waiver of
285 transportation concurrency for the project. For all other roads
286 on the State Highway System, local governments shall establish
287 an adequate level-of-service standard that need not be
288 consistent with any level-of-service standard established by the
289 Department of Transportation. In establishing adequate level-of
290 service standards for any arterial roads, or collector roads as
291 appropriate, which traverse multiple jurisdictions, local
292 governments shall consider compatibility with the roadway
293 facility's adopted level-of-service standards in adjacent
294 jurisdictions. Each local government within a county shall use a
295 professionally accepted methodology for measuring impacts on
296 transportation facilities for the purposes of implementing its
297 concurrency management system. Counties are encouraged to
298 coordinate with adjacent counties, and local governments within
299 a county are encouraged to coordinate, for the purpose of using
300 common methodologies for measuring impacts on transportation
301 facilities for the purpose of implementing their concurrency
302 management systems.
303 Section 5. Paragraph (b) of subsection (1), paragraph (b)
304 of subsection (8), and subsections (17) and (18) of section
305 163.3184, Florida Statutes, are amended to read:
306 163.3184 Process for adoption of comprehensive plan or plan
307 amendment.—
308 (1) DEFINITIONS.—As used in this section, the term:
309 (b) “In compliance” means consistent with the requirements
310 of ss. 163.3177, when a local government adopts an educational
311 facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
312 with the state comprehensive plan, with the appropriate
313 strategic regional policy plan, and with chapter 9J-5, Florida
314 Administrative Code, where such rule is not inconsistent with
315 this part and with the principles for guiding development in
316 designated areas of critical state concern and with part III of
317 chapter 369, where applicable.
318 (8) NOTICE OF INTENT.—
319 (b) Except as provided in paragraph (a) or in s.
320 163.3187(4) s. 163.3187(3), the state land planning agency, upon
321 receipt of a local government's complete adopted comprehensive
322 plan or plan amendment, shall have 45 days for review and to
323 determine if the plan or plan amendment is in compliance with
324 this act, unless the amendment is the result of a compliance
325 agreement entered into under subsection (16), in which case the
326 time period for review and determination shall be 30 days. If
327 review was not conducted under subsection (6), the agency's
328 determination must be based upon the plan amendment as adopted.
329 If review was conducted under subsection (6), the agency's
330 determination of compliance must be based only upon one or both
331 of the following:
332 1. The state land planning agency's written comments to the
333 local government pursuant to subsection (6); or
334 2. Any changes made by the local government to the
335 comprehensive plan or plan amendment as adopted.
336 (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
337 local government that has adopted a community vision and urban
338 service boundary under s. 163.3177(13) and (14) may adopt a plan
339 amendment related to map amendments solely to property within an
340 urban service boundary in the manner described in subsections
341 (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
342 and e., 2., and 3., such that state and regional agency review
343 is eliminated. The department may not issue an objections,
344 recommendations, and comments report on proposed plan amendments
345 or a notice of intent on adopted plan amendments; however,
346 affected persons, as defined by paragraph (1)(a), may file a
347 petition for administrative review pursuant to the requirements
348 of s. 163.3187(4)(a) s. 163.3187(3)(a) to challenge the
349 compliance of an adopted plan amendment. This subsection does
350 not apply to any amendment within an area of critical state
351 concern, to any amendment that increases residential densities
352 allowable in high-hazard coastal areas as defined in s.
353 163.3178(2)(h), or to a text change to the goals, policies, or
354 objectives of the local government's comprehensive plan.
355 Amendments submitted under this subsection are exempt from the
356 limitation on the frequency of plan amendments in s. 163.3187.
357 (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
358 municipality that has a designated urban infill and
359 redevelopment area under s. 163.2517 may adopt a plan amendment
360 related to map amendments solely to property within a designated
361 urban infill and redevelopment area in the manner described in
362 subsections (1), (2), (7), (14), (15), and (16) and s.
363 163.3187(1)(c)1.d. and e., 2., and 3., such that state and
364 regional agency review is eliminated. The department may not
365 issue an objections, recommendations, and comments report on
366 proposed plan amendments or a notice of intent on adopted plan
367 amendments; however, affected persons, as defined by paragraph
368 (1)(a), may file a petition for administrative review pursuant
369 to the requirements of s. 163.3187(4)(a) s. 163.3187(3)(a) to
370 challenge the compliance of an adopted plan amendment. This
371 subsection does not apply to any amendment within an area of
372 critical state concern, to any amendment that increases
373 residential densities allowable in high-hazard coastal areas as
374 defined in s. 163.3178(2)(h), or to a text change to the goals,
375 policies, or objectives of the local government's comprehensive
376 plan. Amendments submitted under this subsection are exempt from
377 the limitation on the frequency of plan amendments in s.
378 163.3187.
379 Section 6. Paragraphs (b) and (f) of subsection (1) of
380 section 163.3187, Florida Statutes, is amended, present
381 subsections (2) through (6) of that section are redesignated as
382 subsections (3) through (7), respectively, and a new subsection
383 (2) is added to that section, to read:
384 163.3187 Amendment of adopted comprehensive plan.—
385 (1) Amendments to comprehensive plans adopted pursuant to
386 this part may be made not more than two times during any
387 calendar year, except:
388 (b) Any local government comprehensive plan amendments
389 directly related to a proposed development of regional impact,
390 including changes which have been determined to be substantial
391 deviations and including Florida Quality Developments pursuant
392 to s. 380.061, may be initiated by a local planning agency and
393 considered by the local governing body at the same time as the
394 application for development approval using the procedures
395 provided for local plan amendment in this section and applicable
396 local ordinances, without regard to statutory or local ordinance
397 limits on the frequency of consideration of amendments to the
398 local comprehensive plan. Nothing in this subsection shall be
399 deemed to require favorable consideration of a plan amendment
400 solely because it is related to a development of regional
401 impact.
402 (f) Any comprehensive plan amendment that changes the
403 schedule in The capital improvements element annual update
404 required in s. 163.3177(3)(b)2., and any amendments directly
405 related to the schedule, may be made once in a calendar year on
406 a date different from the two times provided in this subsection
407 when necessary to coincide with the adoption of the local
408 government's budget and capital improvements program.
409 (2) Other than the exceptions listed in subsection (1),
410 text amendments to the goals, objectives, or policies of the
411 local government's comprehensive plan may be adopted only once a
412 year, unless the text amendment is directly related to, and
413 applies only to, a future land use map amendment.
414 Section 7. Paragraph (a) of subsection (9) of section
415 163.3246, Florida Statutes, is amended to read:
416 163.3246 Local government comprehensive planning
417 certification program.—
418 (9)(a) Upon certification all comprehensive plan amendments
419 associated with the area certified must be adopted and reviewed
420 in the manner described in ss. 163.3184(1), (2), (7), (14),
421 (15), and (16) and 163.3187, such that state and regional agency
422 review is eliminated. The department may not issue any
423 objections, recommendations, and comments report on proposed
424 plan amendments or a notice of intent on adopted plan
425 amendments; however, affected persons, as defined by s.
426 163.3184(1)(a), may file a petition for administrative review
427 pursuant to the requirements of s. 163.3187(4)(a) s.
428 163.3187(3)(a) to challenge the compliance of an adopted plan
429 amendment.
430 Section 8. Section 163.32465, Florida Statutes, is amended
431 to read:
432 163.32465 State review of local comprehensive plans in
433 urban areas.—
434 (1) LEGISLATIVE FINDINGS.—
435 (a) The Legislature finds that local governments in this
436 state have a wide diversity of resources, conditions, abilities,
437 and needs. The Legislature also finds that the needs and
438 resources of urban areas are different from those of rural areas
439 and that different planning and growth management approaches,
440 strategies, and techniques are required in urban areas. The
441 state role in overseeing growth management should reflect this
442 diversity and should vary based on local government conditions,
443 capabilities, needs, and the extent and type of development.
444 Therefore Thus, the Legislature recognizes and finds that
445 reduced state oversight of local comprehensive planning is
446 justified for some local governments in urban areas and for
447 certain types of development.
448 (b) The Legislature finds and declares that this state's
449 urban areas require a reduced level of state oversight because
450 of their high degree of urbanization and the planning
451 capabilities and resources of many of their local governments.
452 An alternative state review process that is adequate to protect
453 issues of regional or statewide importance should be created for
454 appropriate local governments in these areas and for certain
455 types of development. Further, the Legislature finds that
456 development, including urban infill and redevelopment, should be
457 encouraged in these urban areas. The Legislature finds that an
458 alternative process for amending local comprehensive plans in
459 these areas should be established with an objective of
460 streamlining the process and recognizing local responsibility
461 and accountability.
462 (c) The Legislature finds a pilot program will be
463 beneficial in evaluating an alternative, expedited plan
464 amendment adoption and review process. Pilot local governments
465 shall represent highly developed counties and the municipalities
466 within these counties and highly populated municipalities.
467 (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.—The
468 alternative state review process provided in this section
469 applies to: Pinellas and Broward Counties, and the
470 municipalities within these counties, and Jacksonville, Miami,
471 Tampa, and Hialeah shall follow an alternative state review
472 process provided in this section. Municipalities within the
473 pilot counties may elect, by super majority vote of the
474 governing body, not to participate in the pilot program.
475 (a) Future land use map amendments within local governments
476 that qualify as a dense urban land area as defined in s.
477 163.3164(5); and
478 (b) Future land use map amendments within an area
479 designated by the Governor as a rural area of critical economic
480 concern under s. 288.0656(7), if the Office of Tourism, Trade,
481 and Economic Development states in writing that the amendment
482 supports a regional target industry that is identified in an
483 economic development plan prepared for one of the economic
484 development programs identified in s. 288.0656(7).
485 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
486 UNDER THE PILOT PROGRAM.—
487 (a) Plan amendments adopted under this section by the pilot
488 program jurisdictions shall follow the alternate, expedited
489 process in subsections (4) and (5), except as set forth in
490 paragraphs (b)-(e) of this subsection.
491 (b) Amendments that qualify as small-scale development
492 amendments may continue to be adopted in by the pilot program
493 jurisdictions that use the alternative review process pursuant
494 to s. 163.3187(1)(c) and (4)(3).
495 (c) Plan amendments that propose a rural land stewardship
496 area pursuant to s. 163.3177(11)(d); propose an optional sector
497 plan; propose amendments in areas of critical state concern or
498 coastal high-hazard areas; include recently annexed areas within
499 a municipality; update a comprehensive plan based on an
500 evaluation and appraisal report; implement new statutory
501 requirements that were not previously incorporated into a
502 comprehensive plan; or new plans for newly incorporated
503 municipalities are subject to state review as set forth in s.
504 163.3184.
505 (d) Alternative review Pilot program jurisdictions are
506 shall be subject to the frequency and timing requirements for
507 plan amendments set forth in ss. 163.3187 and 163.3191, except
508 as where otherwise stated in this section.
509 (e) The mediation and expedited hearing provisions in s.
510 163.3189(3) apply to all plan amendments adopted by alternative
511 review the pilot program jurisdictions.
512 (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
513 PILOT PROGRAM.—
514 (a) The local government shall hold its first public
515 hearing on a comprehensive plan amendment on a weekday at least
516 7 days after the day the first advertisement is published
517 pursuant to the requirements of chapter 125 or chapter 166. Upon
518 an affirmative vote of not less than a majority of the members
519 of the governing body present at the hearing, the local
520 government shall immediately transmit the amendment or
521 amendments and appropriate supporting data and analyses to the
522 state land planning agency; the appropriate regional planning
523 council and water management district; the Department of
524 Environmental Protection; the Department of State; the
525 Department of Transportation; in the case of municipal plans, to
526 the appropriate county; the Fish and Wildlife Conservation
527 Commission; the Department of Agriculture and Consumer Services;
528 and in the case of amendments that include or impact the public
529 school facilities element, the Office of Educational Facilities
530 of the Commissioner of Education. The local governing body shall
531 also transmit a copy of the amendments and supporting data and
532 analyses to any other local government or governmental agency
533 that has filed a written request with the governing body. In
534 addition, the local government may request that the state land
535 planning agency issue a report containing its objections,
536 recommendations, or comments on the amendments and supporting
537 data and analyses. A local government that makes such request
538 must notify all of the agencies and local governments listed in
539 this paragraph of the request.
540 (b) The agencies and local governments specified in
541 paragraph (a) may provide comments regarding the amendment or
542 amendments to the local government. The regional planning
543 council review and comment shall be limited to effects on
544 regional resources or facilities identified in the strategic
545 regional policy plan and extrajurisdictional impacts that would
546 be inconsistent with the comprehensive plan of the affected
547 local government. A regional planning council shall not review
548 and comment on a proposed comprehensive plan amendment prepared
549 by such council unless the plan amendment has been changed by
550 the local government subsequent to the preparation of the plan
551 amendment by the regional planning council. County comments on
552 municipal comprehensive plan amendments shall be primarily in
553 the context of the relationship and effect of the proposed plan
554 amendments on the county plan. Municipal comments on county plan
555 amendments shall be primarily in the context of the relationship
556 and effect of the amendments on the municipal plan. State agency
557 comments may include technical guidance on issues of agency
558 jurisdiction as it relates to the requirements of this part.
559 Such comments must shall clearly identify issues that, if not
560 resolved, may result in a an agency challenge to the plan
561 amendment from the state land planning agency. For the purposes
562 of this pilot program, Agencies are encouraged to focus
563 potential challenges on issues of regional or statewide
564 importance. Agencies and local governments must transmit their
565 comments to the affected local government, if issued, within 30
566 days after such that they are received by the local government
567 not later than thirty days from the date on which the state land
568 planning agency notifies the affected local government that the
569 plan amendment package is complete or government received the
570 amendment or amendments. Any comments from the agencies and
571 local governments must also be transmitted to the state land
572 planning agency. If the local government requested a report from
573 the state planning agency listing objections, recommendations,
574 and comments, the state planning agency has 15 days after
575 receiving all of the comments from the agencies and local
576 governments to issue the report.
577 (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR
578 ALTERNATIVE REVIEW JURISDICTIONS PILOT AREAS.—
579 (a) The local government shall hold its second public
580 hearing, which shall be a hearing on whether to adopt one or
581 more comprehensive plan amendments, on a weekday at least 5 days
582 after the day the second advertisement is published pursuant to
583 the requirements of chapter 125 or chapter 166. Adoption of
584 comprehensive plan amendments must be by ordinance and requires
585 an affirmative vote of a majority of the members of the
586 governing body present at the second hearing. The hearing must
587 be conducted and the amendment must be adopted, adopted with
588 changes, or not adopted within 120 days after the agency
589 comments are received pursuant to paragraph (4)(b). If a local
590 government fails to adopt the plan amendment within the
591 timeframe set forth in this paragraph, the plan amendment is
592 deemed abandoned and the plan amendment may not be considered
593 until the next available amendment cycle pursuant to s.
594 163.3187.
595 (b) All comprehensive plan amendments adopted by the
596 governing body along with the supporting data and analysis shall
597 be transmitted within 10 days of the second public hearing to
598 the state land planning agency and any other agency or local
599 government that provided timely comments under paragraph (4)(b).
600 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR
601 ALTERNATIVE REVIEW JURISDICTIONS PILOT PROGRAM.—
602 (a) Any “affected person” as defined in s. 163.3184(1)(a)
603 may file a petition with the Division of Administrative Hearings
604 pursuant to ss. 120.569 and 120.57, with a copy served on the
605 affected local government, to request a formal hearing to
606 challenge whether the amendments are “in compliance” as defined
607 in s. 163.3184(1)(b). This petition must be filed with the
608 Division within 30 days after the local government adopts the
609 amendment. The state land planning agency may intervene in a
610 proceeding instituted by an affected person.
611 (b) The state land planning agency may file a petition with
612 the Division of Administrative Hearings pursuant to ss. 120.569
613 and 120.57, with a copy served on the affected local government,
614 to request a formal hearing. This petition must be filed with
615 the Division within 30 days after the state land planning agency
616 notifies the local government that the plan amendment package is
617 complete. For purposes of this section, an amendment shall be
618 deemed complete if it contains a full, executed copy of the
619 adoption ordinance or ordinances; in the case of a text
620 amendment, a full copy of the amended language in legislative
621 format with new words inserted in the text underlined, and words
622 to be deleted lined through with hyphens; in the case of a
623 future land use map amendment, a copy of the future land use map
624 clearly depicting the parcel, its existing future land use
625 designation, and its adopted designation; and a copy of any data
626 and analyses the local government deems appropriate. The state
627 land planning agency shall notify the local government of any
628 deficiencies within 5 working days of receipt of an amendment
629 package.
630 (c) The state land planning agency's challenge shall be
631 limited to those issues raised in the comments provided by the
632 reviewing agencies pursuant to paragraph (4)(b) or, if issued,
633 the objections, recommendations, and comments report. The state
634 land planning agency may challenge a plan amendment that has
635 substantially changed from the version on which the agencies
636 provided comments. For alternative review jurisdictions the
637 purposes of this pilot program, the Legislature strongly
638 encourages the state land planning agency to focus any challenge
639 on issues of regional or statewide importance.
640 (d) An administrative law judge shall hold a hearing in the
641 affected local jurisdiction. The local government's
642 determination that the amendment is “in compliance” is presumed
643 to be correct and shall be sustained unless it is shown by a
644 preponderance of the evidence that the amendment is not “in
645 compliance.”
646 (e) If the administrative law judge recommends that the
647 amendment be found not in compliance, the judge shall submit the
648 recommended order to the Administration Commission for final
649 agency action. The Administration Commission shall enter a final
650 order within 45 days after its receipt of the recommended order.
651 (f) If the administrative law judge recommends that the
652 amendment be found in compliance, the judge shall submit the
653 recommended order to the state land planning agency.
654 1. If the state land planning agency determines that the
655 plan amendment should be found not in compliance, the agency
656 shall refer, within 30 days of receipt of the recommended order,
657 the recommended order and its determination to the
658 Administration Commission for final agency action. If the
659 commission determines that the amendment is not in compliance,
660 it may sanction the local government as set forth in s.
661 163.3184(11).
662 2. If the state land planning agency determines that the
663 plan amendment should be found in compliance, the agency shall
664 enter its final order not later than 30 days from receipt of the
665 recommended order.
666 (g) An amendment adopted under the expedited provisions of
667 this section shall not become effective until the completion of
668 the time period available to the state land planning agency for
669 administrative challenge under paragraph (a) 31 days after
670 adoption. If timely challenged, an amendment shall not become
671 effective until the state land planning agency or the
672 Administration Commission enters a final order determining that
673 the adopted amendment is to be in compliance.
674 (h) Parties to a proceeding under this section may enter
675 into compliance agreements using the process in s. 163.3184(16).
676 Any remedial amendment adopted pursuant to a settlement
677 agreement shall be provided to the agencies and governments
678 listed in paragraph (4)(a).
679 (7) APPLICABILITY OF ALTERNATIVE REVIEW PILOT PROGRAM IN
680 CERTAIN LOCAL GOVERNMENTS.—Local governments and specific areas
681 that are have been designated for alternate review process
682 pursuant to ss. 163.3246 and 163.3184(17) and (18) are not
683 subject to this section.
684 (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—The state land
685 planning agency may adopt procedural Agencies shall not
686 promulgate rules to administer implement this section pilot
687 program.
688 (9) REPORT.—The Office of Program Policy Analysis and
689 Government Accountability shall submit to the Governor, the
690 President of the Senate, and the Speaker of the House of
691 Representatives by December 1, 2008, a report and
692 recommendations for implementing a statewide program that
693 addresses the legislative findings in subsection (1) in areas
694 that meet urban criteria. The Office of Program Policy Analysis
695 and Government Accountability in consultation with the state
696 land planning agency shall develop the report and
697 recommendations with input from other state and regional
698 agencies, local governments, and interest groups. Additionally,
699 the office shall review local and state actions and
700 correspondence relating to the pilot program to identify issues
701 of process and substance in recommending changes to the pilot
702 program. At a minimum, the report and recommendations shall
703 include the following:
704 (a) Identification of local governments beyond those
705 participating in the pilot program that should be subject to the
706 alternative expedited state review process. The report may
707 recommend that pilot program local governments may no longer be
708 appropriate for such alternative review process.
709 (b) Changes to the alternative expedited state review
710 process for local comprehensive plan amendments identified in
711 the pilot program.
712 (c) Criteria for determining issues of regional or
713 statewide importance that are to be protected in the alternative
714 state review process.
715 (d) In preparing the report and recommendations, the Office
716 of Program Policy Analysis and Government Accountability shall
717 consult with the state land planning agency, the Department of
718 Transportation, the Department of Environmental Protection, and
719 the regional planning agencies in identifying highly developed
720 local governments to participate in the alternative expedited
721 state review process. The Office of Program Policy Analysis and
722 Governmental Accountability shall also solicit citizen input in
723 the potentially affected areas and consult with the affected
724 local governments and stakeholder groups.
725 Section 9. Subsection (29) is added to section 380.06,
726 Florida Statutes, to read:
727 380.06 Developments of regional impact.—
728 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.–
729 (a) Any proposed development in a local government which
730 has been designated by the state land planning agency as a dense
731 urban land area as defined in s. 163.3164(5) is exempt from this
732 section effective upon such designation being published in the
733 Florida Administrative Weekly.
734 (b) A development that is located partially within a
735 jurisdiction that is not exempt from the development-of
736 regional-impact program must undergo development-of-regional
737 impact review pursuant to s. 380.06.
738 (c) In jurisdictions exempt under paragraph (a), previously
739 approved development-of-regional-impact development orders shall
740 continue to be effective, but have the option to be governed by
741 s. 380.115(1). A pending application for development approval
742 shall be governed by s. 380.115(2).
743 (d) Local governments must render by mail a development
744 order to the state land planning agency for projects that would
745 be larger than 120 percent of any applicable development-of
746 regional-impact threshold and would require development-of
747 regional-impact review but for the exemption from the program
748 under paragraph (a). For such development orders, the state land
749 planning agency is an “aggrieved or adversely affected party” as
750 defined in s. 163.3215(2) and may challenge and appeal the
751 development order for consistency with the comprehensive plan
752 adopted under chapter 163 using the procedures provided in s.
753 163.3215.
754 Section 10. Paragraph (d) of subsection (3) of section
755 163.31801, Florida Statutes, is amended to read:
756 163.31801 Impact fees; short title; intent; definitions;
757 ordinances levying impact fees.—
758 (3) An impact fee adopted by ordinance of a county or
759 municipality or by resolution of a special district must, at
760 minimum:
761 (d) Require that notice be provided no less than 90 days
762 before the effective date of an ordinance or resolution imposing
763 a new or increased amended impact fee. A county or municipality
764 is not required to wait 90 days to decrease, suspend, or
765 eliminate an impact fee.
766 Section 11. This act shall take effect upon becoming a law.