HB 7127

1	A bill to be entitled
2	An act relating to growth management; amending s.
3	163.3164, F.S.; revising the definition of the term
4	"existing urban service area"; providing a definition for
5	the term "dense urban land area" and providing
6	requirements of the Office of Economic and Demographic
7	Research and the state land planning agency with respect
8	thereto; amending s. 163.3177, F.S.; revising requirements
9	for adopting amendments to the capital improvements
10	element of a local comprehensive plan; revising
11	requirements for future land use plan elements and
12	intergovernmental coordination elements of a local
13	comprehensive plan; revising requirements for the public
14	school facilities element implementing a school
15	concurrency program; deleting a penalty for local
16	governments that fail to adopt a public school facilities
17	element and interlocal agreement; authorizing the
18	Administration Commission to impose sanctions; amending s.
19	163.3180, F.S.; revising concurrency requirements;
20	providing legislative findings relating to transportation
21	concurrency exception areas; providing for the
22	applicability of transportation concurrency exception
23	areas; deleting certain requirements for transportation
24	concurrency exception areas; providing that the
25	designation of a transportation concurrency exception area
26	does not limit a local government's home rule power to
27	adopt ordinances or impose fees and does not affect any
28	contract or agreement entered into or development order
29	rendered before such designation; requiring the Office of
30	Program Policy Analysis and Government Accountability to
31	submit a report to the Legislature concerning the effects
32	of the transportation concurrency exception areas;
33	authorizing local governments to provide for a waiver of
34	transportation concurrency requirements for certain
35	projects under certain circumstances; revising school
36	concurrency requirements; requiring charter schools to be
37	considered as a mitigation option under certain
38	circumstances; amending s. 163.31801, F.S.; revising
39	requirements for adoption of impact fees; creating s.
40	163.31802, F.S.; prohibiting establishment of local
41	standards for security devices requiring businesses to
42	expend funds to enhance local governmental services or
43	functions under certain circumstances; amending s.
44	163.3184, F.S.; authorizing local governments to use an
45	alternative state review process for certain comprehensive
46	plan amendments or amendment packages; providing
47	requirements; amending s. 163.3187, F.S.; exempting
48	certain additional comprehensive plan amendments from the
49	twice-per-year limitation; amending s. 163.3245, F.S.;
50	expanding the number of local governments eligible to
51	adopt optional sector plans into their comprehensive
52	plans; amending s. 163.3246, F.S.; specifying certain
53	counties and municipalities as certified under the local
54	government comprehensive planning certification program;
55	providing duties and responsibilities of the Office of
56	Economic and Demographic Research; providing certification
57	requirements; requiring such local governments to submit
58	monitoring reports; providing report requirements;
59	deleting a reporting requirement for the Office of Program
60	Policy Analysis and Government Accountability; amending s.
61	163.32465, F.S.; providing for an alternative state review
62	process for local comprehensive plan amendments; providing
63	requirements, procedures, and limitations for exemptions
64	from state review of comprehensive plans; making permanent
65	and applying statewide an alternative state review
66	process; revising the requirements, procedures, and
67	limitations for the alternate state review process;
68	requiring that agencies submit comments within a specified
69	period after the state land planning agency notifies the
70	local government that the plan amendment package is
71	complete; requiring that the local government adopt a plan
72	amendment within a specified period after comments are
73	received; authorizing the state land planning agency to
74	adopt rules and submit certain reports; deleting
75	provisions relating to reporting requirements for the
76	Office of Program Policy Analysis and Government
77	Accountability; deleting pilot program provisions;
78	amending s. 171.091, F.S.; requiring that a municipality
79	submit a copy of any revision to the charter boundary
80	article which results from an annexation or contraction to
81	the Office of Economic and Demographic Research; amending
82	s. 186.509, F.S.; revising provisions relating to a
83	dispute resolution process to reconcile differences on
84	planning and growth management issues between certain
85	parties of interest; providing for mandatory mediation;
86	amending s. 380.06, F.S.; providing exemptions for dense
87	urban land areas from the development-of-regional-impact
88	program; providing exceptions; providing legislative
89	findings and determinations relating to replacing the
90	transportation concurrency system with a mobility fee
91	system; requiring the state land planning agency and the
92	Department of Transportation to study and develop a
93	methodology for a mobility fee system; specifying
94	criteria; requiring joint reports to the Legislature;
95	specifying report requirements; providing for extending
96	certain permits, orders, or land use applications due to
97	expire; prohibiting issuance of new permits, order, or
98	land use applications under certain circumstances;
99	providing for application of the extension to certain
100	related activities; specifying nonapplication to certain
101	permits or approvals by the Federal Government or certain
102	permits in water-use caution areas; preserving the
103	authority of counties and municipalities to impose certain
104	security and sanitary requirements on property owners
105	under certain circumstances; requiring permitholders to
106	notify permitting agencies of intent to use the extension;
107	providing a legislative declaration of important state
108	interest; providing effective dates.
109
110	Be It Enacted by the Legislature of the State of Florida:
111
112	Section 1.  Subsection (29) of section 163.3164, Florida
113	Statutes, is amended, and subsection (34) is added to that
114	section, to read:
115	163.3164  Local Government Comprehensive Planning and Land
116	Development Regulation Act; definitions.--As used in this act:
117	(29)  "Existing Urban service area" means built-up areas
118	where public facilities and services, including, but not limited
119	to, central water and sewer capacity such as sewage treatment
120	systems, roads, schools, and recreation areas, are already in
121	place. In addition, for counties that qualify as dense urban
122	land areas under subsection (34), the nonrural area of a county
123	which has adopted into the county charter a rural area
124	designation or areas identified in the comprehensive plan as
125	urban service areas or urban growth boundaries on or before July
126	1, 2009, are also urban service areas under this definition.
127	(34)  "Dense urban land area" means:
128	(a)  A municipality that has an average of at least 1,000
129	people per square mile of land area and a minimum total
130	population of at least 5,000;
131	(b)  A county, including the municipalities located
132	therein, which has an average of at least 1,000 people per
133	square mile of land area; or
134	(c)  A county, including the municipalities located
135	therein, which has a population of at least 1 million.
136
137	The Office of Economic and Demographic Research within the
138	Legislature shall annually calculate the population and density
139	criteria needed to determine which jurisdictions qualify as
140	dense urban land areas by using the most recent land area data
141	from the decennial census conducted by the Bureau of the Census
142	of the United States Department of Commerce and the latest
143	available population estimates determined pursuant to s.
144	186.901. If any local government has had an annexation,
145	contraction, or new incorporation, the Office of Economic and
146	Demographic Research shall determine the population density
147	using the new jurisdictional boundaries as recorded in
148	accordance with s. 171.091. The Office of Economic and
149	Demographic Research shall submit to the state land planning
150	agency a list of jurisdictions that meet the total population
151	and density criteria necessary for designation as a dense urban
152	land area by July 1, 2009, and every year thereafter. The state
153	land planning agency shall publish the list of jurisdictions on
154	its Internet website within 7 days after the list is received.
155	The designation of jurisdictions that qualify or do not qualify
156	as a dense urban land area is effective upon publication on the
157	state land planning agency's Internet website.
158	Section 2.  Paragraphs (b) and (c) of subsection (3),
159	paragraphs (a) and (h) of subsection (6), and paragraphs (a),
160	(j), and (k) of subsection (12) of section 163.3177, Florida
161	Statutes, are amended, and paragraph (f) is added to subsection
162	(3) of that section, to read:
163	163.3177  Required and optional elements of comprehensive
164	plan; studies and surveys.--
165	(3)
166	(b)1.  The capital improvements element must be reviewed on
167	an annual basis and modified as necessary in accordance with s.
168	163.3187 or s. 163.3189 in order to maintain a financially
169	feasible 5-year schedule of capital improvements. Corrections
170	and modifications concerning costs; revenue sources; or
171	acceptance of facilities pursuant to dedications which are
172	consistent with the plan may be accomplished by ordinance and
173	shall not be deemed to be amendments to the local comprehensive
174	plan. A copy of the ordinance shall be transmitted to the state
175	land planning agency. An amendment to the comprehensive plan is
176	required to update the schedule on an annual basis or to
177	eliminate, defer, or delay the construction for any facility
178	listed in the 5-year schedule. All public facilities must be
179	consistent with the capital improvements element. The annual
180	update to the capital improvements element of the comprehensive
181	plan need not comply with the financial feasibility requirement
182	until December 1, 2011. Amendments to implement this section
183	must be adopted and transmitted no later than December 1, 2008.
184	Thereafter, a local government may not amend its future land use
185	map, except for plan amendments to meet new requirements under
186	this part and emergency amendments pursuant to s.
187	163.3187(1)(a), after December 1, 2011 2008, and every year
188	thereafter, unless and until the local government has adopted
189	the annual update and it has been transmitted to the state land
190	planning agency.
191	2.  Capital improvements element amendments adopted after
192	the effective date of this act shall require only a single
193	public hearing before the governing board which shall be an
194	adoption hearing as described in s. 163.3184(7). Such amendments
195	are not subject to the requirements of s. 163.3184(3)-(6).
196	(c)  If the local government does not adopt the required
197	annual update to the schedule of capital improvements, the state
198	land planning agency may issue a notice to the local government
199	to show cause why sanctions should not be enforced for failure
200	to submit the annual update and may must notify the
201	Administration Commission. A local government that has a
202	demonstrated lack of commitment to meeting its obligations
203	identified in the capital improvements element may be subject to
204	sanctions by the Administration Commission pursuant to s.
205	163.3184(11).
206	(f)  A local government that has designated a
207	transportation concurrency exception area in its comprehensive
208	plan pursuant to s. 163.3180(5) shall be deemed to meet the
209	requirement to achieve and maintain level-of-service standards
210	if the capital improvements element and, as appropriate, the
211	capital improvements schedule include any capital improvements
212	planned within the scheduled timeframe based upon the strategies
213	adopted in the plan to promote mobility.
214	(6)  In addition to the requirements of subsections (1)-(5)
215	and (12), the comprehensive plan shall include the following
216	elements:
217	(a)  A future land use plan element designating proposed
218	future general distribution, location, and extent of the uses of
219	land for residential uses, commercial uses, industry,
220	agriculture, recreation, conservation, education, public
221	buildings and grounds, other public facilities, and other
222	categories of the public and private uses of land. Counties are
223	encouraged to designate rural land stewardship areas, pursuant
224	to the provisions of paragraph (11)(d), as overlays on the
225	future land use map. Each future land use category must be
226	defined in terms of uses included, and must include standards to
227	be followed in the control and distribution of population
228	densities and building and structure intensities. The proposed
229	distribution, location, and extent of the various categories of
230	land use shall be shown on a land use map or map series which
231	shall be supplemented by goals, policies, and measurable
232	objectives. The future land use plan shall be based upon
233	surveys, studies, and data regarding the area, including the
234	amount of land required to accommodate anticipated growth; the
235	projected population of the area; the character of undeveloped
236	land; the availability of water supplies, public facilities, and
237	services; the need for redevelopment, including the renewal of
238	blighted areas and the elimination of nonconforming uses which
239	are inconsistent with the character of the community; the
240	compatibility of uses on lands adjacent to or closely proximate
241	to military installations; the discouragement of urban sprawl;
242	energy-efficient land use patterns accounting for existing and
243	future electric power generation and transmission systems;
244	greenhouse gas reduction strategies; and, in rural communities,
245	the need for job creation, capital investment, and economic
246	development that will strengthen and diversify the community's
247	economy. The future land use plan may designate areas for future
248	planned development use involving combinations of types of uses
249	for which special regulations may be necessary to ensure
250	development in accord with the principles and standards of the
251	comprehensive plan and this act. The future land use plan
252	element shall include criteria to be used to achieve the
253	compatibility of adjacent or closely proximate lands with
254	military installations. In addition, for rural communities and
255	counties designated as a rural area of critical economic concern
256	pursuant to s. 288.0656, the amount of land designated for
257	future planned industrial use shall be based upon surveys and
258	studies that reflect the need for job creation, capital
259	investment, and the necessity to strengthen and diversify the
260	local economies, and shall not be limited solely by the
261	projected population of the rural community. The future land use
262	plan of a county may also designate areas for possible future
263	municipal incorporation or new municipalities which shall not be
264	limited by the projected population of the county. The land use
265	maps or map series shall generally identify and depict historic
266	district boundaries and shall designate historically significant
267	properties meriting protection. For coastal counties, the future
268	land use element must include, without limitation, regulatory
269	incentives and criteria that encourage the preservation of
270	recreational and commercial working waterfronts as defined in s.
271	342.07. The future land use element must clearly identify the
272	land use categories in which public schools are an allowable
273	use. When delineating the land use categories in which public
274	schools are an allowable use, a local government shall include
275	in the categories sufficient land proximate to residential
276	development to meet the projected needs for schools in
277	coordination with public school boards and may establish
278	differing criteria for schools of different type or size. Each
279	local government shall include lands contiguous to existing
280	school sites, to the maximum extent possible, within the land
281	use categories in which public schools are an allowable use. The
282	failure by a local government to comply with these school siting
283	requirements will result in the prohibition of the local
284	government's ability to amend the local comprehensive plan,
285	except for plan amendments described in s. 163.3187(1)(b), until
286	the school siting requirements are met. Amendments proposed by a
287	local government for purposes of identifying the land use
288	categories in which public schools are an allowable use are
289	exempt from the limitation on the frequency of plan amendments
290	contained in s. 163.3187. The future land use element shall
291	include criteria that encourage the location of schools
292	proximate to urban residential areas to the extent possible and
293	shall require that the local government seek to collocate public
294	facilities, such as parks, libraries, and community centers,
295	with schools to the extent possible and to encourage the use of
296	elementary schools as focal points for neighborhoods. For
297	schools serving predominantly rural counties, defined as a
298	county with a population of 100,000 or fewer, an agricultural
299	land use category shall be eligible for the location of public
300	school facilities if the local comprehensive plan contains
301	school siting criteria and the location is consistent with such
302	criteria. Local governments required to update or amend their
303	comprehensive plan to include criteria and address compatibility
304	of adjacent or closely proximate lands with existing military
305	installations in their future land use plan element shall
306	transmit the update or amendment to the department by June 30,
307	2006.
308	(h)1.  An intergovernmental coordination element showing
309	relationships and stating principles and guidelines to be used
310	in the accomplishment of coordination of the adopted
311	comprehensive plan with the plans of school boards, regional
312	water supply authorities, and other units of local government
313	providing services but not having regulatory authority over the
314	use of land, with the comprehensive plans of adjacent
315	municipalities, the county, adjacent counties, or the region,
316	with the state comprehensive plan and with the applicable
317	regional water supply plan approved pursuant to s. 373.0361, as
318	the case may require and as such adopted plans or plans in
319	preparation may exist. This element of the local comprehensive
320	plan shall demonstrate consideration of the particular effects
321	of the local plan, when adopted, upon the development of
322	adjacent municipalities, the county, adjacent counties, or the
323	region, or upon the state comprehensive plan, as the case may
324	require.
325	a.  The intergovernmental coordination element shall
326	provide for procedures to identify and implement joint planning
327	areas, especially for the purpose of annexation, municipal
328	incorporation, and joint infrastructure service areas.
329	b.  The intergovernmental coordination element shall
330	provide for recognition of campus master plans prepared pursuant
331	to s. 1013.30.
332	c.  The intergovernmental coordination element shall may
333	provide for a voluntary dispute resolution process as
334	established pursuant to s. 186.509 for bringing to closure in a
335	timely manner intergovernmental disputes. A local government may
336	develop and use an alternative local dispute resolution process
337	for this purpose.
338	2.  The intergovernmental coordination element shall
339	further state principles and guidelines to be used in the
340	accomplishment of coordination of the adopted comprehensive plan
341	with the plans of school boards and other units of local
342	government providing facilities and services but not having
343	regulatory authority over the use of land. In addition, the
344	intergovernmental coordination element shall describe joint
345	processes for collaborative planning and decisionmaking on
346	population projections and public school siting, the location
347	and extension of public facilities subject to concurrency, and
348	siting facilities with countywide significance, including
349	locally unwanted land uses whose nature and identity are
350	established in an agreement. Within 1 year of adopting their
351	intergovernmental coordination elements, each county, all the
352	municipalities within that county, the district school board,
353	and any unit of local government service providers in that
354	county shall establish by interlocal or other formal agreement
355	executed by all affected entities, the joint processes described
356	in this subparagraph consistent with their adopted
357	intergovernmental coordination elements.
358	3.  To foster coordination between special districts and
359	local general-purpose governments as local general-purpose
360	governments implement local comprehensive plans, each
361	independent special district must submit a public facilities
362	report to the appropriate local government as required by s.
363	189.415.
364	4.a.  Local governments must execute an interlocal
365	agreement with the district school board, the county, and
366	nonexempt municipalities pursuant to s. 163.31777. The local
367	government shall amend the intergovernmental coordination
368	element to provide that coordination between the local
369	government and school board is pursuant to the agreement and
370	shall state the obligations of the local government under the
371	agreement.
372	b.  Plan amendments that comply with this subparagraph are
373	exempt from the provisions of s. 163.3187(1).
374	5.  The state land planning agency shall establish a
375	schedule for phased completion and transmittal of plan
376	amendments to implement subparagraphs 1., 2., and 3. from all
377	jurisdictions so as to accomplish their adoption by December 31,
378	1999. A local government may complete and transmit its plan
379	amendments to carry out these provisions prior to the scheduled
380	date established by the state land planning agency. The plan
381	amendments are exempt from the provisions of s. 163.3187(1).
382	6.  By January 1, 2004, any county having a population
383	greater than 100,000, and the municipalities and special
384	districts within that county, shall submit a report to the
385	Department of Community Affairs which:
386	a.  Identifies all existing or proposed interlocal service
387	delivery agreements regarding the following: education; sanitary
388	sewer; public safety; solid waste; drainage; potable water;
389	parks and recreation; and transportation facilities.
390	b.  Identifies any deficits or duplication in the provision
391	of services within its jurisdiction, whether capital or
392	operational. Upon request, the Department of Community Affairs
393	shall provide technical assistance to the local governments in
394	identifying deficits or duplication.
395	7.  Within 6 months after submission of the report, the
396	Department of Community Affairs shall, through the appropriate
397	regional planning council, coordinate a meeting of all local
398	governments within the regional planning area to discuss the
399	reports and potential strategies to remedy any identified
400	deficiencies or duplications.
401	8.  Each local government shall update its
402	intergovernmental coordination element based upon the findings
403	in the report submitted pursuant to subparagraph 6. The report
404	may be used as supporting data and analysis for the
405	intergovernmental coordination element.
406	(12)  A public school facilities element adopted to
407	implement a school concurrency program shall meet the
408	requirements of this subsection. Each county and each
409	municipality within the county, unless exempt or subject to a
410	waiver, must adopt a public school facilities element that is
411	consistent with those adopted by the other local governments
412	within the county and enter the interlocal agreement pursuant to
413	s. 163.31777.
414	(a)  The state land planning agency may provide a waiver to
415	a county and to the municipalities within the county if the
416	capacity rate for all schools within the school district is no
417	greater than 100 percent and the projected 5-year capital outlay
418	full-time equivalent student growth rate is less than 10
419	percent. The state land planning agency may allow for a
420	projected 5-year capital outlay full-time equivalent student
421	growth rate to exceed 10 percent when the projected 10-year
422	capital outlay full-time equivalent student enrollment is less
423	than 2,000 students and the capacity rate for all schools within
424	the school district in the tenth year will not exceed the 100-
425	percent limitation. The state land planning agency may allow for
426	a single school to exceed the 100-percent limitation if it can
427	be demonstrated that the capacity rate for that single school is
428	not greater than 105 percent. In making this determination, the
429	state land planning agency shall consider the following
430	criteria:
431	1.  Whether the exceedance is due to temporary
432	circumstances;
433	2.  Whether the projected 5-year capital outlay full time
434	equivalent student growth rate for the school district is
435	approaching the 10-percent threshold;
436	3.  Whether one or more additional schools within the
437	school district are at or approaching the 100-percent threshold;
438	and
439	4.  The adequacy of the data and analysis submitted to
440	support the waiver request.
441	(j)  If a local government fails Failure to adopt the
442	public school facilities element, to enter into an approved
443	interlocal agreement as required by subparagraph (6)(h)2. and s.
444	163.31777, or to amend the comprehensive plan as necessary to
445	implement school concurrency, according to the phased schedule,
446	shall result in a local government being prohibited from
447	adopting amendments to the comprehensive plan which increase
448	residential density until the necessary amendments have been
449	adopted and transmitted to the state land planning agency.
450	(k)  the state land planning agency may issue the school
451	board a notice to the school board and the local government to
452	show cause why sanctions should not be enforced for such failure
453	to enter into an approved interlocal agreement as required by s.
454	163.31777 or for failure to implement the provisions of this act
455	relating to public school concurrency. The school board may be
456	subject to sanctions imposed by the Administration Commission
457	directing the Department of Education to withhold from the
458	district school board an equivalent amount of funds for school
459	construction available pursuant to ss. 1013.65, 1013.68,
460	1013.70, and 1013.72. The local government may be subject to
461	sanctions by the Administration Commission pursuant to s.
462	163.3184(11).
463	Section 3.  Subsections (5) and (10), and paragraph (e) of
464	subsection (13) of section 163.3180, Florida Statutes, are
465	amended to read:
466	163.3180  Concurrency.--
467	(5)(a)  The Legislature finds that under limited
468	circumstances dealing with transportation facilities,
469	countervailing planning and public policy goals may come into
470	conflict with the requirement that adequate public
471	transportation facilities and services be available concurrent
472	with the impacts of such development. The Legislature further
473	finds that often the unintended result of the concurrency
474	requirement for transportation facilities is often the
475	discouragement of urban infill development and redevelopment.
476	Such unintended results directly conflict with the goals and
477	policies of the state comprehensive plan and the intent of this
478	part. The Legislature also finds that in urban centers
479	transportation cannot be effectively managed and mobility cannot
480	be improved solely through the expansion of roadway capacity,
481	that the expansion of roadway capacity is not always physically
482	or financially possible, and that a range of transportation
483	alternatives are essential to satisfy mobility needs, reduce
484	congestion, and achieve healthy, vibrant centers. Therefore,
485	exceptions from the concurrency requirement for transportation
486	facilities may be granted as provided by this subsection.
487	(b)1.  The following are transportation concurrency
488	exception areas:
489	a.  A municipality that qualifies as a dense urban land
490	area under s. 163.3164;
491	b.  An urban service area under s. 163.3164 that has been
492	adopted into the local comprehensive plan and is located within
493	a county that qualifies as a dense urban land area under s.
494	163.3164, except a limited urban service area may not be
495	included as an urban service area unless the parcel is defined
496	as provided in s. 163.3164(33); and
497	c.  A county, including the municipalities located therein,
498	which has a population of at least 900,000 and qualifies as a
499	dense urban land area under s. 163.3164, but does not have an
500	urban service area designated in the local comprehensive plan.
501	2.  A municipality that does not qualify as a dense urban
502	land area pursuant to s. 163.3164 may designate in its local
503	comprehensive plan the following areas as transportation
504	concurrency exception areas:
505	a.  Urban infill as defined in s. 163.3164;
506	b.  Community redevelopment areas as defined in s. 163.340;
507	c.  Downtown revitalization areas as defined in s.
508	163.3164;
509	d.  Urban infill and redevelopment under s. 163.2517; or
510	e.  Urban service areas as defined in s. 163.3164 or areas
511	within a designated urban service boundary under s.
512	163.3177(14).
513	3.  A county that does not qualify as a dense urban land
514	area pursuant to s. 163.3164 may designate in its local
515	comprehensive plan the following areas as transportation
516	concurrency exception areas:
517	a.  Urban infill as defined in s. 163.3164;
518	b.  Urban infill and redevelopment under s. 163.2517; or
519	c.  Urban service areas as defined in s. 163.3164.
520	4.  A local government that has a transportation
521	concurrency exception area designated pursuant to subparagraph
522	1., subparagraph 2., or subparagraph 3. shall, within 2 years
523	after the designated area becomes exempt, adopt into its local
524	comprehensive plan land use and transportation strategies to
525	support and fund mobility within the exception area, including
526	alternative modes of transportation. Local governments are
527	encouraged to adopt complementary land use and transportation
528	strategies that reflect the region's shared vision for its
529	future. If the state land planning agency finds insufficient
530	cause for the failure to adopt into its comprehensive plan land
531	use and transportation strategies to support and fund mobility
532	within the designated exception area after 2 years, it shall
533	submit the finding to the Administration Commission, which may
534	impose any of the sanctions set forth in s. 163.3184(11)(a) and
535	(b) against the local government.
536	5.  Transportation concurrency exception areas designated
537	pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
538	do not apply to designated transportation concurrency districts
539	located within a county that has a population of at least 1.5
540	million, has implemented and uses a transportation-related
541	concurrency assessment to support alternative modes of
542	transportation, including, but not limited to, mass transit, and
543	does not levy transportation impact fees within the concurrency
544	district.
545	6.  A local government that does not have a transportation
546	concurrency exception area designated pursuant to subparagraph
547	1., subparagraph 2., or subparagraph 3. may grant an exception
548	from the concurrency requirement for transportation facilities
549	if the proposed development is otherwise consistent with the
550	adopted local government comprehensive plan and is a project
551	that promotes public transportation or is located within an area
552	designated in the comprehensive plan for:
553	a.1.  Urban infill development;
554	b.2.  Urban redevelopment;
555	c.3.  Downtown revitalization;
556	d.4.  Urban infill and redevelopment under s. 163.2517; or
557	e.5.  An urban service area specifically designated as a
558	transportation concurrency exception area which includes lands
559	appropriate for compact, contiguous urban development, which
560	does not exceed the amount of land needed to accommodate the
561	projected population growth at densities consistent with the
562	adopted comprehensive plan within the 10-year planning period,
563	and which is served or is planned to be served with public
564	facilities and services as provided by the capital improvements
565	element.
566	(c)  The Legislature also finds that developments located
567	within urban infill, urban redevelopment, existing urban
568	service, or downtown revitalization areas or areas designated as
569	urban infill and redevelopment areas under s. 163.2517, which
570	pose only special part-time demands on the transportation
571	system, are exempt should be excepted from the concurrency
572	requirement for transportation facilities. A special part-time
573	demand is one that does not have more than 200 scheduled events
574	during any calendar year and does not affect the 100 highest
575	traffic volume hours.
576	(d)  Except for transportation concurrency exception areas
577	designated pursuant to subparagraph (b)1., subparagraph (b)2.,
578	or subparagraph (b)3., the following requirements apply: A local
579	government shall establish guidelines in the comprehensive plan
580	for granting the exceptions authorized in paragraphs (b) and (c)
581	and subsections (7) and (15) which must be consistent with and
582	support a comprehensive strategy adopted in the plan to promote
583	the purpose of the exceptions.
584	1.(e)  The local government shall both adopt into the
585	comprehensive plan and implement long-term strategies to support
586	and fund mobility within the designated exception area,
587	including alternative modes of transportation. The plan
588	amendment must also demonstrate how strategies will support the
589	purpose of the exception and how mobility within the designated
590	exception area will be provided.
591	2.  In addition, The strategies must address urban design;
592	appropriate land use mixes, including intensity and density; and
593	network connectivity plans needed to promote urban infill,
594	redevelopment, or downtown revitalization. The comprehensive
595	plan amendment designating the concurrency exception area must
596	be accompanied by data and analysis supporting the local
597	government's determination of the boundaries of the
598	transportation concurrency exception justifying the size of the
599	area.
600	(e)(f)  Before designating Prior to the designation of a
601	concurrency exception area pursuant to subparagraph (b)6., the
602	state land planning agency and the Department of Transportation
603	shall be consulted by the local government to assess the impact
604	that the proposed exception area is expected to have on the
605	adopted level-of-service standards established for regional
606	transportation facilities identified pursuant to s. 186.507,
607	including the Strategic Intermodal System facilities, as defined
608	in s. 339.64, and roadway facilities funded in accordance with
609	s. 339.2819. Further, the local government shall provide a plan
610	for the mitigation of, in consultation with the state land
611	planning agency and the Department of Transportation, develop a
612	plan to mitigate any impacts to the Strategic Intermodal System,
613	including, if appropriate, access management, parallel reliever
614	roads, transportation demand management, and other measures the
615	development of a long-term concurrency management system
616	pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
617	may be available only within the specific geographic area of the
618	jurisdiction designated in the plan. Pursuant to s. 163.3184,
619	any affected person may challenge a plan amendment establishing
620	these guidelines and the areas within which an exception could
621	be granted.
622	(g)  Transportation concurrency exception areas existing
623	prior to July 1, 2005, must, at a minimum, meet the provisions
624	of this section by July 1, 2006, or at the time of the
625	comprehensive plan update pursuant to the evaluation and
626	appraisal report, whichever occurs last.
627	(f)  The designation of a transportation concurrency
628	exception area does not limit a local government's home rule
629	power to adopt ordinances or impose fees. This subsection does
630	not affect any contract or agreement entered into or development
631	order rendered before the creation of the transportation
632	concurrency exception area except as provided in s.
633	380.06(29)(e).
634	(g)  The Office of Program Policy Analysis and Government
635	Accountability shall submit to the President of the Senate and
636	the Speaker of the House of Representatives by February 1, 2015,
637	a report on transportation concurrency exception areas created
638	pursuant to this subsection. At a minimum, the report shall
639	address the methods that local governments have used to
640	implement and fund transportation strategies to achieve the
641	purposes of designated transportation concurrency exception
642	areas, and the effects of the strategies on mobility,
643	congestion, urban design, the density and intensity of land use
644	mixes, and network connectivity plans used to promote urban
645	infill, redevelopment, or downtown revitalization.
646	(10)  Except in transportation concurrency exception areas,
647	with regard to roadway facilities on the Strategic Intermodal
648	System designated in accordance with s. ss. 339.61, 339.62,
649	339.63 , and 339.64, the Florida Intrastate Highway System as
650	defined in s. 338.001, and roadway facilities funded in
651	accordance with s. 339.2819, local governments shall adopt the
652	level-of-service standard established by the Department of
653	Transportation by rule. However, if the Office of Tourism,
654	Trade, and Economic Development concurs in writing with the
655	local government that the proposed development is for a
656	qualified job creation project under s. 288.0656 or s. 403.973,
657	the affected local government, after consulting with the
658	Department of Transportation, may provide for a waiver of
659	transportation concurrency for the project. For all other roads
660	on the State Highway System, local governments shall establish
661	an adequate level-of-service standard that need not be
662	consistent with any level-of-service standard established by the
663	Department of Transportation. In establishing adequate level-of-
664	service standards for any arterial roads, or collector roads as
665	appropriate, which traverse multiple jurisdictions, local
666	governments shall consider compatibility with the roadway
667	facility's adopted level-of-service standards in adjacent
668	jurisdictions. Each local government within a county shall use a
669	professionally accepted methodology for measuring impacts on
670	transportation facilities for the purposes of implementing its
671	concurrency management system. Counties are encouraged to
672	coordinate with adjacent counties, and local governments within
673	a county are encouraged to coordinate, for the purpose of using
674	common methodologies for measuring impacts on transportation
675	facilities for the purpose of implementing their concurrency
676	management systems.
677	(13)  School concurrency shall be established on a
678	districtwide basis and shall include all public schools in the
679	district and all portions of the district, whether located in a
680	municipality or an unincorporated area unless exempt from the
681	public school facilities element pursuant to s. 163.3177(12).
682	The application of school concurrency to development shall be
683	based upon the adopted comprehensive plan, as amended. All local
684	governments within a county, except as provided in paragraph
685	(f), shall adopt and transmit to the state land planning agency
686	the necessary plan amendments, along with the interlocal
687	agreement, for a compliance review pursuant to s. 163.3184(7)
688	and (8). The minimum requirements for school concurrency are the
689	following:
690	(e)  Availability standard.--Consistent with the public
691	welfare, a local government may not deny an application for site
692	plan, final subdivision approval, or the functional equivalent
693	for a development or phase of a development authorizing
694	residential development for failure to achieve and maintain the
695	level-of-service standard for public school capacity in a local
696	school concurrency management system where adequate school
697	facilities will be in place or under actual construction within
698	3 years after the issuance of final subdivision or site plan
699	approval, or the functional equivalent. School concurrency is
700	satisfied if the developer executes a legally binding commitment
701	to provide mitigation proportionate to the demand for public
702	school facilities to be created by actual development of the
703	property, including, but not limited to, the options described
704	in subparagraph 1. Options for proportionate-share mitigation of
705	impacts on public school facilities must be established in the
706	public school facilities element and the interlocal agreement
707	pursuant to s. 163.31777.
708	1.  Appropriate mitigation options include the contribution
709	of land; the construction, expansion, or payment for land
710	acquisition or construction of a public school facility; the
711	construction of a charter school that complies with the
712	requirements of s. 1002.33(18)(f); or the creation of mitigation
713	banking based on the construction of a public school facility in
714	exchange for the right to sell capacity credits. Such options
715	must include execution by the applicant and the local government
716	of a development agreement that constitutes a legally binding
717	commitment to pay proportionate-share mitigation for the
718	additional residential units approved by the local government in
719	a development order and actually developed on the property,
720	taking into account residential density allowed on the property
721	prior to the plan amendment that increased the overall
722	residential density. The district school board must be a party
723	to such an agreement. As a condition of its entry into such a
724	development agreement, the local government may require the
725	landowner to agree to continuing renewal of the agreement upon
726	its expiration.
727	2.  If the education facilities plan and the public
728	educational facilities element authorize a contribution of land;
729	the construction, expansion, or payment for land acquisition; or
730	the construction or expansion of a public school facility, or a
731	portion thereof; or the construction of a charter school that
732	complies with the requirements of s. 1002.33(18)(f), as
733	proportionate-share mitigation, the local government shall
734	credit such a contribution, construction, expansion, or payment
735	toward any other impact fee or exaction imposed by local
736	ordinance for the same need, on a dollar-for-dollar basis at
737	fair market value.
738	3.  Any proportionate-share mitigation must be directed by
739	the school board toward a school capacity improvement identified
740	in a financially feasible 5-year district work plan that
741	satisfies the demands created by the development in accordance
742	with a binding developer's agreement.
743	4.  If a development is precluded from commencing because
744	there is inadequate classroom capacity to mitigate the impacts
745	of the development, the development may nevertheless commence if
746	there are accelerated facilities in an approved capital
747	improvement element scheduled for construction in year four or
748	later of such plan which, when built, will mitigate the proposed
749	development, or if such accelerated facilities will be in the
750	next annual update of the capital facilities element, the
751	developer enters into a binding, financially guaranteed
752	agreement with the school district to construct an accelerated
753	facility within the first 3 years of an approved capital
754	improvement plan, and the cost of the school facility is equal
755	to or greater than the development's proportionate share. When
756	the completed school facility is conveyed to the school
757	district, the developer shall receive impact fee credits usable
758	within the zone where the facility is constructed or any
759	attendance zone contiguous with or adjacent to the zone where
760	the facility is constructed.
761	5.  This paragraph does not limit the authority of a local
762	government to deny a development permit or its functional
763	equivalent pursuant to its home rule regulatory powers, except
764	as provided in this part.
765	Section 4.  Paragraph (d) of subsection (3) of section
766	163.31801, Florida Statutes, is amended to read:
767	163.31801  Impact fees; short title; intent; definitions;
768	ordinances levying impact fees.--
769	(3)  An impact fee adopted by ordinance of a county or
770	municipality or by resolution of a special district must, at
771	minimum:
772	(d)  Require that notice be provided no less than 90 days
773	before the effective date of an ordinance or resolution imposing
774	a new or increased amended impact fee. A county or municipality
775	is not required to wait 90 days to decrease, suspend, or
776	eliminate an impact fee.
777	Section 5.  Section 163.31802, Florida Statutes, is created
778	to read:
779	163.31802  Prohibited standards for security devices.--A
780	county, municipality, or other entity of local government may
781	not adopt or maintain in effect an ordinance or rule that
782	establishes standards for security devices that require a lawful
783	business to expend funds to enhance the services or functions
784	provided by local government unless specifically provided by
785	general law.
786	Section 6.  Subsection (2) of section 163.3184, Florida
787	Statutes, is amended, and paragraph (e) is added to subsection
788	(3) of that section, to read:
789	163.3184  Process for adoption of comprehensive plan or
790	plan amendment.--
791	(2)  COORDINATION.--Each comprehensive plan or plan
792	amendment proposed to be adopted pursuant to this part shall be
793	transmitted, adopted, and reviewed in the manner prescribed in
794	this section. The state land planning agency shall have
795	responsibility for plan review, coordination, and the
796	preparation and transmission of comments, pursuant to this
797	section, to the local governing body responsible for the
798	comprehensive plan. The state land planning agency shall
799	maintain a single file concerning any proposed or adopted plan
800	amendment submitted by a local government for any review under
801	this section. Copies of all correspondence, papers, notes,
802	memoranda, and other documents received or generated by the
803	state land planning agency must be placed in the appropriate
804	file. Paper copies of all electronic mail correspondence must be
805	placed in the file. The file and its contents must be available
806	for public inspection and copying as provided in chapter 119. A
807	local government may elect to use the alternative state review
808	process in s. 163.32465 for any amendment or amendment package
809	not expressly excluded by s. 163.32465(3). The local government
810	must establish in its transmittal hearing required pursuant to
811	this subsection that it elects to undergo the alternative state
812	review process. If the local government has not specifically
813	approved the alternative state review process for the amendment
814	or amendment package, the amendment or amendment package shall
815	be reviewed subject to the applicable process established in
816	this section or s. 163.3187.
817	(3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
818	AMENDMENT.--
819	(e)  At the request of an applicant, a local government
820	shall consider an application for zoning changes that would be
821	required to properly enact the provisions of any proposed plan
822	amendment transmitted pursuant to this subsection. Zoning
823	changes approved by the local government are contingent upon the
824	state land planning agency issuing a notice of intent to find
825	that the comprehensive plan or plan amendment transmitted is in
826	compliance with this act.
827	Section 7.  Paragraphs (b) and (f) of subsection (1) of
828	section 163.3187, Florida Statutes, are amended, and paragraph
829	(q) is added to that subsection, to read:
830	163.3187  Amendment of adopted comprehensive plan.--
831	(1)  Amendments to comprehensive plans adopted pursuant to
832	this part may be made not more than two times during any
833	calendar year, except:
834	(b)  Any local government comprehensive plan amendments
835	directly related to a proposed development of regional impact,
836	including changes which have been determined to be substantial
837	deviations and including Florida Quality Developments pursuant
838	to s. 380.061, may be initiated by a local planning agency and
839	considered by the local governing body at the same time as the
840	application for development approval using the procedures
841	provided for local plan amendment in this section and applicable
842	local ordinances, without regard to statutory or local ordinance
843	limits on the frequency of consideration of amendments to the
844	local comprehensive plan. Nothing in this subsection shall be
845	deemed to require favorable consideration of a plan amendment
846	solely because it is related to a development of regional
847	impact.
848	(f)  Any comprehensive plan amendment that changes the
849	schedule in The capital improvements element annual update
850	required in s. 163.3177(3)(b)1., and any amendments directly
851	related to the schedule, may be made once in a calendar year on
852	a date different from the two times provided in this subsection
853	when necessary to coincide with the adoption of the local
854	government's budget and capital improvements program.
855	(q)  Any local government plan amendment to designate an
856	urban service area, which exists in the local government's
857	comprehensive plan as of July 1, 2009, as a transportation
858	concurrency exception area under s. 163.3180(5)(b)2. or 3. and
859	an area exempt from the development-of-regional-impact process
860	under s. 380.06(29).
861	Section 8.  Subsection (1) of section 163.3245, Florida
862	Statutes, is amended to read:
863	163.3245  Optional sector plans.--
864	(1)  In recognition of the benefits of conceptual long-
865	range planning for the buildout of an area, and detailed
866	planning for specific areas, as a demonstration project, the
867	requirements of s. 380.06 may be addressed as identified by this
868	section for up to 10 five local governments or combinations of
869	local governments which adopt into the comprehensive plan an
870	optional sector plan in accordance with this section. This
871	section is intended to further the intent of s. 163.3177(11),
872	which supports innovative and flexible planning and development
873	strategies, and the purposes of this part, and part I of chapter
874	380, and to avoid duplication of effort in terms of the level of
875	data and analysis required for a development of regional impact,
876	while ensuring the adequate mitigation of impacts to applicable
877	regional resources and facilities, including those within the
878	jurisdiction of other local governments, as would otherwise be
879	provided. Optional sector plans are intended for substantial
880	geographic areas including at least 5,000 acres of one or more
881	local governmental jurisdictions and are to emphasize urban form
882	and protection of regionally significant resources and
883	facilities. The state land planning agency may approve optional
884	sector plans of less than 5,000 acres based on local
885	circumstances if it is determined that the plan would further
886	the purposes of this part and part I of chapter 380. Preparation
887	of an optional sector plan is authorized by agreement between
888	the state land planning agency and the applicable local
889	governments under s. 163.3171(4). An optional sector plan may be
890	adopted through one or more comprehensive plan amendments under
891	s. 163.3184. However, an optional sector plan may not be
892	authorized in an area of critical state concern.
893	Section 9.  Subsections (12), (13), and (14) of section
894	163.3246, Florida Statutes, are amended, and a new subsection
895	(12) is added to that section, to read:
896	163.3246  Local government comprehensive planning
897	certification program.--
898	(12)  Notwithstanding subsections (2), (4), (5), (6), and
899	(7), any county that has a population greater than 1 million and
900	an average of at least 1,000 residents per square mile and
901	municipalities that have a population greater than 100,000 and
902	an average of at least 1,000 residents per square mile shall be
903	considered certified. The population and density needed to
904	identify local governments that qualify for certification under
905	this subsection shall be determined annually by the Office of
906	Economic and Demographic Research using the most recent land
907	area data from the decennial census conducted by the Bureau of
908	the Census of the United States Department of Commerce and the
909	latest available population estimates determined pursuant to s.
910	186.901. The office shall annually submit to the state land
911	planning agency a list of jurisdictions that meet the total
912	population and density criteria necessary to qualify for
913	certification. For each local government identified by the
914	Office of Economic and Demographic Research as meeting the
915	certification criteria in this subsection, the state land
916	planning agency shall provide a written notice of certification
917	to the local government, which shall be considered final agency
918	action subject to challenge under s. 120.569. The notice of
919	certification shall include a requirement that the local
920	government submit a monitoring report at least every 2 years
921	according to the schedule provided in the written notice. The
922	monitoring report shall include the number of amendments to the
923	comprehensive plan adopted by the local government, the number
924	of plan amendments challenged by an affected person, and the
925	disposition of those challenges.
926	(13)(12)  A local government's certification shall be
927	reviewed by the local government and the department as part of
928	the evaluation and appraisal process pursuant to s. 163.3191.
929	Within 1 year after the deadline for the local government to
930	update its comprehensive plan based on the evaluation and
931	appraisal report, the department shall renew or revoke the
932	certification. The local government's failure to adopt a timely
933	evaluation and appraisal report, failure to adopt an evaluation
934	and appraisal report found to be sufficient, or failure to
935	timely adopt amendments based on an evaluation and appraisal
936	report found to be in compliance by the department shall be
937	cause for revoking the certification agreement. The department's
938	decision to renew or revoke shall be considered agency action
939	subject to challenge under s. 120.569.
940	(14)(13)  The department shall, by October July 1 of each
941	odd-numbered year, submit to the Governor, the President of the
942	Senate, and the Speaker of the House of Representatives a report
943	listing certified local governments, evaluating the
944	effectiveness of the certification, and including any
945	recommendations for legislative actions.
946	(14)  The Office of Program Policy Analysis and Government
947	Accountability shall prepare a report evaluating the
948	certification program, which shall be submitted to the Governor,
949	the President of the Senate, and the Speaker of the House of
950	Representatives by December 1, 2007.
951	Section 10.  Section 163.32465, Florida Statutes, is
952	amended to read:
953	163.32465  Alternative state review process for of local
954	comprehensive plan amendments plans in urban areas.--
955	(1)  LEGISLATIVE FINDINGS.--
956	(a)  The Legislature finds that local governments in this
957	state have a wide diversity of resources, conditions, abilities,
958	and needs. The Legislature also finds that the needs and
959	resources of urban areas are different from those of rural areas
960	and that different planning and growth management approaches,
961	strategies, and techniques are required in urban areas. The
962	state role in overseeing growth management should reflect this
963	diversity and should vary based on local government conditions,
964	capabilities, and needs, and the extent and type of development.
965	Therefore Thus, the Legislature recognizes and finds that
966	reduced state oversight of local comprehensive planning is
967	justified for some local governments and for certain types of
968	development in urban areas.
969	(b)  The Legislature finds and declares that the diversity
970	among local governments of this state state's urban areas
971	require recognition that the a reduced level of state oversight
972	should reflect the because of their high degree of urbanization
973	and the planning capabilities and resources available to of many
974	of their local governments. An alternative state review process
975	that is adequate to protect issues of regional or statewide
976	importance should be reflective of local governments' needs and
977	capabilities created for appropriate local governments in these
978	areas. Further, the Legislature finds that development,
979	including urban infill and redevelopment, should be encouraged
980	in these urban areas. The Legislature finds that an alternative
981	process for amending local comprehensive plans in these areas
982	should be established with an objective of streamlining the
983	process and recognizing local responsibility and accountability.
984	(c)  The Legislature finds a pilot program will be
985	beneficial in evaluating an alternative, expedited plan
986	amendment adoption and review process. Pilot local governments
987	shall represent highly developed counties and the municipalities
988	within these counties and highly populated municipalities.
989	(2)  ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.--A
990	local government may elect pursuant to s. 163.3184 to use the
991	alternative state review process for any amendment or amendment
992	package not expressly excluded by subsection (3). Pinellas and
993	Broward Counties, and the municipalities within these counties,
994	and Jacksonville, Miami, Tampa, and Hialeah shall follow an
995	alternative state review process provided in this section.
996	Municipalities within the pilot counties may elect, by super
997	majority vote of the governing body, not to participate in the
998	pilot program.
999	(3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
1000	UNDER THE PILOT PROGRAM.--
1001	(a)  Plan amendments adopted under this section by the
1002	pilot program jurisdictions shall follow the alternate,
1003	expedited process in subsections (4) and (5), except as set
1004	forth in paragraphs (b)-(d) (b)-(e) of this subsection.
1005	(b)  An amendment to a comprehensive plan is not eligible
1006	for the alternative state review process and shall be reviewed
1007	subject to the applicable processes established in ss. 163.3184
1008	and 163.3187 if the amendment:
1009	1.  Designates or implements a rural land stewardship area
1010	pursuant to s. 163.3177(11)(d);
1011	2.  Designates or implements an optional sector plan;
1012	3.  Applies within an area of critical state concern or a
1013	coastal high-hazard area;
1014	4.  Incorporates into a municipal comprehensive plan lands
1015	that have been annexed;
1016	5.  Updates a comprehensive plan based on an evaluation and
1017	appraisal report;
1018	6.  Implements new plans for newly incorporated
1019	municipalities;
1020	7.  Implements statutory requirements that were not
1021	previously incorporated into the comprehensive plan; or
1022	8.  Changes the boundary of a jurisdiction's urban service
1023	area as defined in s. 163.3164. Amendments that qualify as
1024	small-scale development amendments may continue to be adopted by
1025	the pilot program jurisdictions pursuant to s. 163.3187(1)(c)
1026	and (3).
1027	(c)  Plan amendments adopted under this section that
1028	propose a rural land stewardship area pursuant to s.
1029	163.3177(11)(d); propose an optional sector plan; update a
1030	comprehensive plan based on an evaluation and appraisal report;
1031	implement new statutory requirements; or new plans for newly
1032	incorporated municipalities are subject to state review as set
1033	forth in s. 163.3184.
1034	(d)  Pilot program jurisdictions shall be subject to the
1035	frequency and timing requirements for plan amendments set forth
1036	in ss. 163.3187 and 163.3191, except where otherwise stated in
1037	this section.
1038	(d)(e)  The mediation and expedited hearing provisions in
1039	s. 163.3189(3) apply to all plan amendments adopted pursuant to
1040	the alternative state review process by the pilot program
1041	jurisdictions.
1042	(4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
1043	PILOT PROGRAM.--
1044	(a)  The local government shall hold its first public
1045	hearing on a comprehensive plan amendment on a weekday at least
1046	7 days after the day the first advertisement is published
1047	pursuant to the requirements of chapter 125 or chapter 166. Upon
1048	an affirmative vote of not less than a majority of the members
1049	of the governing body present at the hearing, the local
1050	government shall immediately transmit the amendment or
1051	amendments and appropriate supporting data and analyses to the
1052	state land planning agency; the appropriate regional planning
1053	council and water management district; the Department of
1054	Environmental Protection; the Department of State; the
1055	Department of Transportation; in the case of municipal plans, to
1056	the appropriate county; the Fish and Wildlife Conservation
1057	Commission; the Department of Agriculture and Consumer Services;
1058	and in the case of amendments that include or impact the public
1059	school facilities element, the Office of Educational Facilities
1060	of the Commissioner of Education. The local governing body shall
1061	also transmit a copy of the amendments and supporting data and
1062	analyses to any other local government or governmental agency
1063	that has filed a written request with the governing body.
1064	(b)  The agencies and local governments specified in
1065	paragraph (a) may provide comments regarding the amendment or
1066	amendments to the local government. The regional planning
1067	council review and comment shall be limited to effects on
1068	regional resources or facilities identified in the strategic
1069	regional policy plan and extrajurisdictional impacts that would
1070	be inconsistent with the comprehensive plan of the affected
1071	local government. A regional planning council shall not review
1072	and comment on a proposed comprehensive plan amendment prepared
1073	by such council unless the plan amendment has been changed by
1074	the local government subsequent to the preparation of the plan
1075	amendment by the regional planning council. County comments on
1076	municipal comprehensive plan amendments shall be primarily in
1077	the context of the relationship and effect of the proposed plan
1078	amendments on the county plan. Municipal comments on county plan
1079	amendments shall be primarily in the context of the relationship
1080	and effect of the amendments on the municipal plan. State agency
1081	comments shall clearly identify as objections any issues that,
1082	if not resolved, may result in an agency request that the state
1083	land planning agency challenge the plan amendment and may
1084	include technical guidance on issues of agency jurisdiction as
1085	it relates to the requirements of this part. Such comments shall
1086	clearly identify issues that, if not resolved, may result in an
1087	agency challenge to the plan amendment. For the purposes of this
1088	pilot program, Agencies shall are encouraged to focus potential
1089	challenges on issues of regional or statewide importance.
1090	Agencies and local governments must transmit their comments, if
1091	issued, to the affected local government within 30 days after
1092	the state land planning agency notifies the affected local
1093	government that the plan amendment package is complete. The
1094	state land planning agency shall notify the local government of
1095	any deficiencies within 5 working days after receipt of an
1096	amendment package. Any comments from the agencies and local
1097	governments shall also be transmitted to the state land planning
1098	agency such that they are received by the local government not
1099	later than thirty days from the date on which the agency or
1100	government received the amendment or amendments.
1101	(5)  ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
1102	AREAS.--
1103	(a)  The local government shall hold its second public
1104	hearing, which shall be a hearing on whether to adopt one or
1105	more comprehensive plan amendments, on a weekday at least 5 days
1106	after the day the second advertisement is published pursuant to
1107	the requirements of chapter 125 or chapter 166. Adoption of
1108	comprehensive plan amendments must be by ordinance and requires
1109	an affirmative vote of a majority of the members of the
1110	governing body present at the second hearing. The hearing must
1111	be conducted and the amendment must be adopted, adopted with
1112	changes, or not adopted within 120 days after the agency
1113	comments are received pursuant to paragraph (4)(b). If a local
1114	government fails to adopt the plan amendment within the
1115	timeframe set forth in this paragraph, the plan amendment is
1116	deemed abandoned and the plan amendment may not be considered
1117	until the next available amendment cycle pursuant to s.
1118	163.3187. However, if the applicant or local government, prior
1119	to the expiration of such timeframe, notifies the state land
1120	planning agency that the applicant or local government is
1121	proceeding in good faith to adopt the plan amendment, the state
1122	land planning agency shall grant one or more extensions not to
1123	exceed a total of 360 days after the issuance of the agency
1124	report or comments. During the pendency of any such extension,
1125	the applicant or local government shall provide to the state
1126	land planning agency a status report every 90 days identifying
1127	the items continuing to be addressed and the manner in which the
1128	items are being addressed.
1129	(b)  All comprehensive plan amendments adopted by the
1130	governing body along with the supporting data and analysis shall
1131	be transmitted within 10 days of the second public hearing to
1132	the state land planning agency and any other agency or local
1133	government that provided timely comments under paragraph (4)(b).
1134	(6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
1135	PROGRAM.--
1136	(a)  Any "affected person" as defined in s. 163.3184(1)(a)
1137	may file a petition with the Division of Administrative Hearings
1138	pursuant to ss. 120.569 and 120.57, with a copy served on the
1139	affected local government, to request a formal hearing to
1140	challenge whether the amendments are "in compliance" as defined
1141	in s. 163.3184(1)(b). This petition must be filed with the
1142	Division within 30 days after the local government adopts the
1143	amendment. The state land planning agency may intervene in a
1144	proceeding instituted by an affected person.
1145	(b)  The state land planning agency may file a petition
1146	with the Division of Administrative Hearings pursuant to ss.
1147	120.569 and 120.57, with a copy served on the affected local
1148	government, to request a formal hearing. This petition must be
1149	filed with the Division within 30 days after the state land
1150	planning agency notifies the local government that the plan
1151	amendment package is complete. For purposes of this section, an
1152	amendment shall be deemed complete if it contains a full,
1153	executed copy of the adoption ordinance or ordinances; in the
1154	case of a text amendment, a full copy of the amended language in
1155	legislative format with new words inserted in the text
1156	underlined, and words to be deleted lined through with hyphens;
1157	in the case of a future land use map amendment, a copy of the
1158	future land use map clearly depicting the parcel, its existing
1159	future land use designation, and its adopted designation; and a
1160	copy of any data and analyses the local government deems
1161	appropriate. The state land planning agency shall notify the
1162	local government of any deficiencies within 5 working days of
1163	receipt of an amendment package.
1164	(c)  The state land planning agency's challenge shall be
1165	limited to those objections issues raised in the comments
1166	provided by the reviewing agencies pursuant to paragraph (4)(b).
1167	The state land planning agency may challenge a plan amendment
1168	that has substantially changed from the version on which the
1169	agencies provided comments. For the purposes of the alternative
1170	state review process this pilot program, the Legislature
1171	strongly encourages the state land planning agency shall to
1172	focus any challenge on issues of regional or statewide
1173	importance.
1174	(d)  An administrative law judge shall hold a hearing in
1175	the affected local jurisdiction. In a proceeding involving an
1176	affected person as defined in s. 163.3184(1)(a), the local
1177	government's determination of compliance is fairly debatable. In
1178	a proceeding in which the state land planning agency challenges
1179	the local government's determination that the amendment is "in
1180	compliance," the local government's determination is presumed to
1181	be correct and shall be sustained unless it is shown by a
1182	preponderance of the evidence that the amendment is not "in
1183	compliance."
1184	(e)  If the administrative law judge recommends that the
1185	amendment be found not in compliance, the judge shall submit the
1186	recommended order to the Administration Commission for final
1187	agency action. The Administration Commission shall enter a final
1188	order within 45 days after its receipt of the recommended order.
1189	(f)  If the administrative law judge recommends that the
1190	amendment be found in compliance, the judge shall submit the
1191	recommended order to the state land planning agency.
1192	1.  If the state land planning agency determines that the
1193	plan amendment should be found not in compliance, the agency
1194	shall refer, within 30 days of receipt of the recommended order,
1195	the recommended order and its determination to the
1196	Administration Commission for final agency action. If the
1197	commission determines that the amendment is not in compliance,
1198	it may sanction the local government as set forth in s.
1199	163.3184(11).
1200	2.  If the state land planning agency determines that the
1201	plan amendment should be found in compliance, the agency shall
1202	enter its final order not later than 30 days from receipt of the
1203	recommended order.
1204	(g)  An amendment adopted under the expedited provisions of
1205	this section shall not become effective until the completion of
1206	the time period available to the state land planning agency for
1207	administrative challenge under paragraph (a) 31 days after
1208	adoption. If timely challenged, an amendment shall not become
1209	effective until the state land planning agency or the
1210	Administration Commission enters a final order determining that
1211	the adopted amendment is to be in compliance.
1212	(h)  Parties to a proceeding under this section may enter
1213	into compliance agreements using the process in s. 163.3184(16).
1214	Any remedial amendment adopted pursuant to a settlement
1215	agreement shall be provided to the agencies and governments
1216	listed in paragraph (4)(a).
1217	(7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
1218	GOVERNMENTS.--Local governments and specific areas that have
1219	been designated for alternate review process pursuant to ss.
1220	163.3246 and 163.3184(17) and (18) are not subject to this
1221	section.
1222	(7)(8)  RULEMAKING AUTHORITY FOR PILOT PROGRAM.--The state
1223	land planning agency may adopt procedural Agencies shall not
1224	promulgate rules to administer implement this section pilot
1225	program.
1226	(8)(9)  REPORT.--The state land planning agency may, from
1227	time to time, report to Office of Program Policy Analysis and
1228	Government Accountability shall submit to the Governor, the
1229	President of the Senate, and the Speaker of the House of
1230	Representatives on the implementation of this section, including
1231	any recommendations for legislative action by December 1, 2008,
1232	a report and recommendations for implementing a statewide
1233	program that addresses the legislative findings in subsection
1234	(1) in areas that meet urban criteria. The Office of Program
1235	Policy Analysis and Government Accountability in consultation
1236	with the state land planning agency shall develop the report and
1237	recommendations with input from other state and regional
1238	agencies, local governments, and interest groups. Additionally,
1239	the office shall review local and state actions and
1240	correspondence relating to the pilot program to identify issues
1241	of process and substance in recommending changes to the pilot
1242	program. At a minimum, the report and recommendations shall
1243	include the following:
1244	(a)  Identification of local governments beyond those
1245	participating in the pilot program that should be subject to the
1246	alternative expedited state review process. The report may
1247	recommend that pilot program local governments may no longer be
1248	appropriate for such alternative review process.
1249	(b)  Changes to the alternative expedited state review
1250	process for local comprehensive plan amendments identified in
1251	the pilot program.
1252	(c)  Criteria for determining issues of regional or
1253	statewide importance that are to be protected in the alternative
1254	state review process.
1255	(d)  In preparing the report and recommendations, the
1256	Office of Program Policy Analysis and Government Accountability
1257	shall consult with the state land planning agency, the
1258	Department of Transportation, the Department of Environmental
1259	Protection, and the regional planning agencies in identifying
1260	highly developed local governments to participate in the
1261	alternative expedited state review process. The Office of
1262	Program Policy Analysis and Governmental Accountability shall
1263	also solicit citizen input in the potentially affected areas and
1264	consult with the affected local governments and stakeholder
1265	groups.
1266	Section 11.  Section 171.091, Florida Statutes, is amended
1267	to read:
1268	171.091  Recording.--Any change in the municipal boundaries
1269	through annexation or contraction shall revise the charter
1270	boundary article and shall be filed as a revision of the charter
1271	with the Department of State within 30 days. A copy of such
1272	revision must be submitted to the Office of Economic and
1273	Demographic Research along with a statement specifying the
1274	population census effect and the affected land area.
1275	Section 12.  Section 186.509, Florida Statutes, is amended
1276	to read:
1277	186.509  Dispute resolution process.--Each regional
1278	planning council shall establish by rule a dispute resolution
1279	process to reconcile differences on planning and growth
1280	management issues between local governments, regional agencies,
1281	and private interests. The dispute resolution process shall,
1282	within a reasonable set of timeframes, provide for: voluntary
1283	meetings among the disputing parties; if those meetings fail to
1284	resolve the dispute, initiation of mandatory voluntary mediation
1285	or a similar process; if that process fails, initiation of
1286	arbitration or administrative or judicial action, where
1287	appropriate. The council shall not utilize the dispute
1288	resolution process to address disputes involving environmental
1289	permits or other regulatory matters unless requested to do so by
1290	the parties. The resolution of any issue through the dispute
1291	resolution process shall not alter any person's right to a
1292	judicial determination of any issue if that person is entitled
1293	to such a determination under statutory or common law.
1294	Section 13.  Subsection (29) is added to section 380.06,
1295	Florida Statutes, to read:
1296	380.06  Developments of regional impact.--
1297	(29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.--
1298	(a)  The following are exempt from this section:
1299	1.  Any proposed development in a municipality that
1300	qualifies as a dense urban land area as defined in s. 163.3164;
1301	2.  Any proposed development within a county that qualifies
1302	as a dense urban land area as defined in s. 163.3164 and that is
1303	located within an urban service area defined in s. 163.3164
1304	which has been adopted into the comprehensive plan; or
1305	3.  Any proposed development within a county, including the
1306	municipalities located therein, which has a population of at
1307	least 900,000, which qualifies as a dense urban land area under
1308	s. 163.3164, but which does not have an urban service area
1309	designated in the comprehensive plan.
1310	(b)  If a municipality that does not qualify as a dense
1311	urban land area pursuant to s. 163.3164 designates any of the
1312	following areas in its comprehensive plan, any proposed
1313	development within the designated area is exempt from the
1314	development-of-regional-impact process:
1315	1.  Urban infill as defined in s. 163.3164;
1316	2.  Community redevelopment areas as defined in s. 163.340;
1317	3.  Downtown revitalization areas as defined in s.
1318	163.3164;
1319	4.  Urban infill and redevelopment under s. 163.2517; or
1320	5.  Urban service areas as defined in s. 163.3164 or areas
1321	within a designated urban service boundary under s.
1322	163.3177(14).
1323	(c)  If a county that does not qualify as a dense urban
1324	land area pursuant to s. 163.3164 designates any of the
1325	following areas in its comprehensive plan, any proposed
1326	development within the designated area is exempt from the
1327	development-of-regional-impact process:
1328	1.  Urban infill as defined in s. 163.3164;
1329	2.  Urban infill and redevelopment under s. 163.2517; or
1330	3.  Urban service areas as defined in s. 163.3164.
1331	(d)  A development that is located partially outside an
1332	area that is exempt from the development-of-regional-impact
1333	program must undergo development-of-regional-impact review
1334	pursuant to this section.
1335	(e)  In an area that is exempt under paragraphs (a)-(c),
1336	any previously approved development-of-regional-impact
1337	development orders shall continue to be effective, but the
1338	developer has the option to be governed by s. 380.115(1). A
1339	pending application for development approval shall be governed
1340	by s. 380.115(2). A development that has a pending application
1341	for a comprehensive plan amendment and that elects not to
1342	continue development-of-regional-impact review is exempt from
1343	the limitation on plan amendments set forth in s. 163.3187(1)
1344	for the year following the effective date of the exemption.
1345	(f)  Local governments must submit by mail a development
1346	order to the state land planning agency for projects that would
1347	be larger than 120 percent of any applicable development-of
1348	regional-impact threshold and would require development-of-
1349	regional-impact review but for the exemption from the program
1350	under paragraph (a). For such development orders, the state land
1351	planning agency may appeal the development order pursuant to s.
1352	380.07 for inconsistency with the comprehensive plan adopted
1353	under chapter 163.
1354	(g)  If a local government that qualifies as a dense urban
1355	land area under this subsection is subsequently found to be
1356	ineligible for designation as a dense urban land area, any
1357	development located within that area which has a complete,
1358	pending application for authorization to commence development
1359	may maintain the exemption if the developer is continuing the
1360	application process in good faith or the development is
1361	approved.
1362	(h)  This subsection does not limit or modify the rights of
1363	any person to complete any development that has been authorized
1364	as a development of regional impact pursuant to this chapter.
1365	(i)  This subsection does not apply to areas:
1366	1.  Within the boundary of any area of critical state
1367	concern designated pursuant to s. 380.05;
1368	2.  Within the boundary of the Wekiva Study Area as
1369	described in s. 369.316; or
1370	3.  Within 2 miles of the boundary of the Everglades
1371	Protection Area as described in s. 373.4592(2).
1372	Section 14.  (1)(a)  The Legislature finds that the
1373	existing transportation concurrency system has not adequately
1374	addressed the transportation needs of this state in an
1375	effective, predictable, and equitable manner and is not
1376	producing a sustainable transportation system for the state. The
1377	Legislature finds that the current system is complex, lacks
1378	uniformity among jurisdictions, is too focused on roadways to
1379	the detriment of desired land use patterns and transportation
1380	alternatives, and frequently prevents the attainment of
1381	important growth management goals.
1382	(b)  The Legislature determines that the state shall
1383	evaluate and, as deemed feasible, implement a different adequate
1384	public facility requirement for transportation which uses a
1385	mobility fee. The mobility fee shall be designed to provide for
1386	mobility needs, ensure that development provides mitigation for
1387	its impacts on the transportation system in approximate
1388	proportionality to those impacts, fairly distribute financial
1389	burdens, and promote compact, mixed-use, and energy-efficient
1390	development.
1391	(2)  The Legislature directs the state land planning agency
1392	and the Department of Transportation, both of which are
1393	currently performing independent mobility fee studies, to
1394	coordinate and use those studies in developing a methodology for
1395	a mobility fee system as follows:
1396	(a)  The uniform mobility fee methodology for statewide
1397	application is intended to replace existing transportation
1398	concurrency management systems adopted and implemented by local
1399	governments. The studies shall focus upon developing a
1400	methodology that includes:
1401	1.  A determination of the amount, distribution, and timing
1402	of vehicular and people-miles traveled by applying
1403	professionally accepted standards and practices in the
1404	disciplines of land use and transportation planning, including
1405	requirements of constitutional and statutory law.
1406	2.  The development of an equitable mobility fee that
1407	provides funding for future mobility needs whereby new
1408	development mitigates in approximate proportionality its impacts
1409	on the transportation system, yet is not delayed or held
1410	accountable for system backlogs or failures that are not
1411	directly attributable to the proposed development.
1412	3.  The replacement of transportation-related financial
1413	feasibility obligations, proportionate-share contributions for
1414	developments of regional impacts, proportionate fair-share
1415	contributions, and locally adopted transportation impact fees
1416	with the mobility fee, so that a single transportation fee may
1417	be applied uniformly on a statewide basis by application of the
1418	mobility fee formula developed by these studies.
1419	4.  Applicability of the mobility fee on a statewide or
1420	more limited geographic basis, accounting for special
1421	requirements arising from implementation for urban, suburban,
1422	and rural areas, including recommendations for an equitable
1423	implementation in these areas.
1424	5.  The feasibility of developer contributions of land for
1425	right-of-way or developer-funded improvements to the
1426	transportation network to be recognized as credits against the
1427	mobility fee by entering into mutually acceptable agreements
1428	reached with the impacted jurisdiction.
1429	6.  An equitable methodology for distribution of the
1430	mobility fee proceeds among those jurisdictions responsible for
1431	construction and maintenance of the impacted roadways, so that
1432	the collected mobility fees are used for improvements to the
1433	overall transportation network of the impacted jurisdiction.
1434	(b)  The state land planning agency and the Department of
1435	Transportation shall develop and submit to the President of the
1436	Senate and the Speaker of the House of Representatives, no later
1437	than July 15, 2009, an initial interim joint report on the
1438	status of the mobility fee methodology study, no later than
1439	October 1, 2009, a second interim joint report on the status of
1440	the mobility fee methodology study, and no later than December
1441	1, 2009, a final joint report on the mobility fee methodology
1442	study, complete with recommended legislation and a plan to
1443	implement the mobility fee as a replacement for the existing
1444	transportation concurrency management systems adopted and
1445	implemented by local governments. The final joint report shall
1446	also contain, but is not limited to, an economic analysis of
1447	implementation of the mobility fee, activities necessary to
1448	implement the fee, and potential costs and benefits at the state
1449	and local levels and to the private sector.
1450	Section 15.  (1)  Any construction permit, development
1451	order, building permit, or other land use application that has
1452	been issued or rendered by a state or local governmental entity
1453	pursuant to chapter 125, chapter 161, chapter 163, chapter 166,
1454	chapter 253, part IV of chapter 373, chapter 378, chapter 379,
1455	chapter 380, chapter 381, chapter 403, or chapter 553, Florida
1456	Statutes, or pursuant to a local ordinance, and that has an
1457	expiration date prior on or after the effective date of this act
1458	through October 1, 2011, is extended and renewed for a period of
1459	2 years beyond the previously identified expiration date. Any
1460	new construction permit, development order, building permit, or
1461	other land use application rendered or issued after the
1462	effective date of this act may not be extended or renewed except
1463	as requested by the applicant and subject to a decision by the
1464	state or local governmental entity issuing or rendering the
1465	permit, development order, or land use decision.
1466	(2)  The 2-year extension also applies to the phase,
1467	commencement, and build-out date for any development order or
1468	local land use approval, including a certificate of concurrency
1469	or developer agreement. The completion date for any required
1470	mitigation associated with any phase of construction is
1471	similarly extended so that such mitigation takes place within
1472	the phase originally intended.
1473	(3)  Nothing in this act shall be deemed to extend or
1474	purport to extend any permit or approval issued by the Federal
1475	Government or any agency or instrumentality thereof, or any
1476	permit or approval by whatever authority issued of which the
1477	duration of effect or the date or terms of its expiration are
1478	specified or determined by or pursuant to law or regulation of
1479	the Federal Government or any of its agencies or
1480	instrumentalities. Nothing in this act shall be construed or
1481	implemented in such a way as to modify any requirement of law
1482	that is necessary to retain federal delegation to, or assumption
1483	by, the state of the authority to implement a federal law or
1484	program. Nothing in this act shall be deemed to extend or
1485	purport to extend any permit or approval for the consumptive use
1486	of water within Water-Use Caution Areas as permitted under
1487	chapter 373 and chapter 403, Florida Statutes.
1488	(4)  Nothing in this act shall impair the authority of a
1489	county or municipality to require the owner of a property, which
1490	has received the benefit of an extension of time pursuant to
1491	this act or pursuant to action of the municipality or county, to
1492	maintain and secure the property in a safe and sanitary
1493	condition in compliance with applicable laws and ordinances.
1494	(5)  The permitholder shall notify the permitting agencies
1495	of the intent to use this extension.
1496	Section 16.  The Legislature finds that this act fulfills
1497	an important state interest.
1498	Section 17.  This act shall take effect upon becoming a
1499	law.

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