Florida Senate - 2011 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1122
Barcode 226808
CA.EP.03838
Proposed Committee Substitute by the Committee on Environmental
Preservation and Conservation
1 A bill to be entitled
2 An act relating to growth management; amending s. 163.3161,
3 F.S.; redesignating the "Local Government Comprehensive Planning
4 and Land Development Regulation Act" as the "Community Planning
5 Act"; revising and providing intent and purpose of act; amending
6 163.3162, F.S.; revising provisions related to agricultural
7 enclaves; amending s. 163.3164, F.S.; revising definitions;
8 amending s. 163.3167, F.S.; revising scope of the act; revising
9 and providing duties of local governments and municipalities
10 relating to comprehensive plans; removing regional planning
11 agencies from the responsibility of preparing comprehensive
12 plans; prohibiting initiative or referendum processes in regard
13 to development orders, local comprehensive plan amendments, and
14 map amendments; prohibiting local governments from requiring a
15 super majority vote on comprehensive plan amendments; deleting
16 retroactive effect; creating s. 163.3168, F.S.; encouraging
17 local governments to apply for certain innovative planning
18 tools; authorizing the state land planning agency and other
19 appropriate state and regional agencies to use direct and
20 indirect technical assistance; amending s. 163.3171, F.S.;
21 providing legislative intent; amending s. 163.3174, F.S.;
22 deleting certain notice requirements relating to the
23 establishment of local planning agencies by a governing body;
24 amending s. 163.3175, F.S.; providing additional factors for
25 local government consideration in impacts to military
26 installations; clarifying requirements for adopting criteria to
27 address compatibility of lands relating to military
28 installations; amending s. 163.3177, F.S.; revising and
29 providing duties of local governments; revising and providing
30 required and optional elements of comprehensive plans; revising
31 requirements of schedules of capital improvements; revising and
32 providing provisions relating to capital improvements elements;
33 revising and providing required sanitary sewer, solid waste,
34 drainage, potable water, and natural groundwater aquifer
35 recharge elements; revising and providing required conservation
36 elements; revising and providing required housing elements;
37 revising and providing required coastal management elements;
38 revising major objectives of, and procedures relating to, the
39 local comprehensive planning process; revising and providing
40 required and optional elements of future land use plans;
41 providing required transportation elements; revising and
42 providing required conservation elements; revising and providing
43 required housing elements; revising and providing required
44 coastal management elements; revising and providing required
45 intergovernmental coordination elements; amending s. 163.31777,
46 F.S.; revising requirements relating to public schools'
47 interlocal agreements; deleting duties of the Office of
48 Educational Facilities, the state land planning agency, and
49 local governments relating to such agreements; deleting an
50 exemption; amending s. 163.3178, F.S.; deleting a deadline for
51 local governments to amend coastal management elements and
52 future land use maps; amending s. 163.3180, F.S.; revising and
53 providing provisions relating to concurrency; revising
54 concurrency requirements; revising application and findings;
55 revising local government requirements; revising and providing
56 requirements relating to transportation concurrency,
57 transportation concurrency exception areas, urban infill, urban
58 redevelopment, urban service, downtown revitalization areas,
59 transportation concurrency management areas, long-term
60 transportation and school concurrency management systems,
61 development of regional impact, school concurrency, service
62 areas, financial feasibility, interlocal agreements, and
63 multimodal transportation districts; revising duties of the
64 Office of Program Policy Analysis and the state land planning
65 agency; providing requirements for local plans; providing for
66 the limiting the liability of local governments under certain
67 conditions; reenacting s. 163.31801(5), F.S., and amending s.
68 163.31801, F.S.; prohibiting new impact fees by local
69 governments for a specified period of time; amending s.
70 163.3182, F.S.; revising definitions; revising provisions
71 relating to transportation deficiency plans and projects;
72 amending s. 163.3184, F.S.; providing a definition for
73 “reviewing agencies”; amending the definition of “in
74 compliance”; deleting provisions related to state land planning
75 agency review; removing references to procedural rules
76 established by the state land planning agency; deleting
77 provisions relating to community vision and urban boundary plan
78 amendments, urban infill and redevelopment plan amendments, and
79 housing incentive strategy plan amendments; amending s.
80 163.3187, F.S.; deleting provisions relating to the amendment of
81 adopted comprehensive plan and providing the process for
82 adoption of small-scale comprehensive plan amendments; amending
83 s. 163.3191, F.S.; relating to the evaluation and appraisal of
84 comprehensive plans; providing and revising local government
85 requirements including notice, amendments, compliance,
86 mediation, reports, and scoping meetings; amending s. 163.3194,
87 F.S.; regulating development orders for signs authorized by s.
88 479.07, F.S.; providing definitions; amending s. 163.3235, F.S.;
89 revising requirements for periodic reviews of a development
90 agreements; amending s. 163.3239, F.S.; revising recording
91 requirements; amending s. 163.3243, F.S.; revising parties who
92 may file an action for injunctive relief; amending s. 163.3245,
93 F.S.; revising provisions relating to optional sector plans;
94 authorizing the adoption of sector plans under certain
95 circumstances; amending s. 163.3247, F.S.; revising provisions
96 relating to the Century Commission for a Sustainable Florida;
97 revising the findings and intent to include the necessity for a
98 specific strategic plan addressing the state’s growth management
99 system; revising the planning timeframes to include a 10-year
100 horizon; revising membership of the commission; deleting
101 obsolete provisions regarding initial appointments; providing
102 for the election of a chair and excluding certain members from
103 serving as chair during a specified period; requiring that the
104 commission meet at least six times per fiscal year; deleting a
105 provision that requires the commission to meet in different
106 regions in the state; requiring that the executive director
107 establish a meeting calendar with the commission’s approval;
108 authorizing the commission to form subcommittees by vote;
109 providing for a majority vote of members on commission actions;
110 providing for reimbursement for per diem and travel expenses;
111 revising provisions relating to the commission’s powers and
112 duties; requiring that the commission, in cooperation with
113 interested state agencies, local governments, and
114 nongovernmental stakeholders, develop a strategic plan and
115 submit the plan to the Governor and the Legislature by a
116 specified date; requiring that the commission also submit
117 progress reports by specified dates; requiring that the
118 commission make presentations to the Governor and the
119 Legislature; providing that an executive director be appointed
120 by the Secretary of Community Affairs and ratified by the
121 commission; requiring that the Department of Community Affairs
122 provide a specific line item in its annual legislative budget
123 request to fund the commission during a specified period;
124 authorizing the department to obtain additional funding through
125 external grants; requiring that the department provide
126 sufficient funding and staff support to assist the commission in
127 its duties; providing for future expiration and the abolishment
128 of the commission; creating s. 163.3248, F.S.; providing for the
129 designation of rural land stewardship areas; providing purposes
130 and requirements for the establishment of such areas; providing
131 for the creation of rural land stewardship overlay zoning
132 district and transferable rural land use credits; providing
133 certain limitation relating to such credits; providing for
134 incentives; providing legislative intent; amending s. 163.32465,
135 F.S.; revising legislative findings related to local government
136 comprehensive planning; revising the process for amending a
137 comprehensive plan; making the expedited review process
138 applicable statewide and removing its status as a pilot program;
139 revising the process and requirements for expedited review of
140 plan amendments; amending s. 186.504, F.S.; revising membership
141 requirements of regional planning councils; F.S.; amending s.
142 367.021, F.S.; providing definitions for the terms “large
143 landowner” and “need”;, F.S.; amending s. 380.06, F.S.; revising
144 exemptions; revising provisions to conform to changes made by
145 this act; repealing Rules 9J-5 and 9J-11.023, Florida
146 Administrative Code, relating to minimum criteria for review of
147 local government comprehensive plans and plan amendments,
148 evaluation and appraisal reports, land development regulations
149 and determinations of compliance; F.S.; amending s. 380.0685,
150 F.S.; revising the uses of the park admission surcharge;
151 amending ss. 70.51, 163.06, 163.2517, 163.3217, 163.3220,
152 163.3221, 163.3229, 163.360, 163.516, 171.203, 186.513, 186.515,
153 189.415, 190.004, 190.005, 193.501, 287.042, 288.063, 288.975,
154 290.0475, 311.07, 331.319, 339.155, 339.2819, 369.303, 369.321,
155 378.021, 380.031, 380.061, 380.065, 380.115, 403.50665,
156 420.9071, 403.973, 420.5095, 420.615, 420.9071, 420.9076,
157 720.403, 1013.30, 1013.33, F.S.; making conforming changes;
158 repealing administrative rules; expanding a permit extension;
159 providing a finding of important state interest; requiring the
160 state land planning agency to review certain administrative and
161 judicial proceedings; providing procedures for such review;
162 affirming statutory construction with respect to other
163 legislation passed at the same session; providing a directive of
164 the Division of Statutory Revision; providing an effective date.
165
166 Be It Enacted by the Legislature of the State of Florida:
167
168 Section 1. Subsection (26) of section 70.51, Florida
169 Statutes, is amended to read:
170 70.51 Land use and environmental dispute resolution.—
171 (26) A special magistrate’s recommendation under this
172 section constitutes data in support of, and a support document
173 for, a comprehensive plan or comprehensive plan amendment, but
174 is not, in and of itself, dispositive of a determination of
175 compliance with chapter 163. Any comprehensive plan amendment
176 necessary to carry out the approved recommendation of a special
177 magistrate under this section is exempt from the twice-a-year
178 limit on plan amendments and may be adopted by the local
179 government amendments in s. 163.3184(16)(d).
180 Section 2. Paragraphs (h) through (l) of subsection (3) of
181 section 163.06, Florida Statutes, are redesignated as paragraphs
182 (g) through (k), respectively, and present paragraph (g) of that
183 subsection is amended to read:
184 163.06 Miami River Commission.—
185 (3) The policy committee shall have the following powers
186 and duties:
187 (g) Coordinate a joint planning area agreement between the
188 Department of Community Affairs, the city, and the county under
189 the provisions of s. 163.3177(11)(a), (b), and (c).
190 Section 3. Subsection (4) of section 163.2517, Florida
191 Statutes, is amended to read:
192 163.2517 Designation of urban infill and redevelopment
193 area.—
194 (4) In order for a local government to designate an urban
195 infill and redevelopment area, it must amend its comprehensive
196 land use plan under s. 163.3187 to delineate the boundaries of
197 the urban infill and redevelopment area within the future land
198 use element of its comprehensive plan pursuant to its adopted
199 urban infill and redevelopment plan. The state land planning
200 agency shall review the boundary delineation of the urban infill
201 and redevelopment area in the future land use element under s.
202 163.3184. However, an urban infill and redevelopment plan
203 adopted by a local government is not subject to review for
204 compliance as defined by s. 163.3184(1)(b), and the local
205 government is not required to adopt the plan as a comprehensive
206 plan amendment. An amendment to the local comprehensive plan to
207 designate an urban infill and redevelopment area is exempt from
208 the twice-a-year amendment limitation of s. 163.3187.
209 Section 4. Section 163.3161, Florida Statutes, is amended
210 to read:
211 163.3161 Short title; intent and purpose.—
212 (1) This part shall be known and may be cited as the
213 “Community Local Government Comprehensive Planning and Land
214 Development Regulation Act.”
215 (2) In conformity with, and in furtherance of, the purpose
216 of the Florida Environmental Land and Water Management Act of
217 1972, chapter 380, It is the purpose of this act to utilize and
218 strengthen the existing role, processes, and powers of local
219 governments in the establishment and implementation of
220 comprehensive planning programs to guide and manage control
221 future development consistent with the proper role of local
222 government.
223 (3) It is the intent of this act to focus the state role in
224 managing growth under this act to protecting the functions of
225 important state resources and facilities.
226 (4)(3) It is the intent of this act that the ability of its
227 adoption is necessary so that local governments to can preserve
228 and enhance present advantages; encourage the most appropriate
229 use of land, water, and resources, consistent with the public
230 interest; overcome present handicaps; and deal effectively with
231 future problems that may result from the use and development of
232 land within their jurisdictions. Through the process of
233 comprehensive planning, it is intended that units of local
234 government can preserve, promote, protect, and improve the
235 public health, safety, comfort, good order, appearance,
236 convenience, law enforcement and fire prevention, and general
237 welfare; prevent the overcrowding of land and avoid undue
238 concentration of population; facilitate the adequate and
239 efficient provision of transportation, water, sewerage, schools,
240 parks, recreational facilities, housing, and other requirements
241 and services; and conserve, develop, utilize, and protect
242 natural resources within their jurisdictions.
243 (5)(4) It is the intent of this act to encourage and ensure
244 assure cooperation between and among municipalities and counties
245 and to encourage and assure coordination of planning and
246 development activities of units of local government with the
247 planning activities of regional agencies and state government in
248 accord with applicable provisions of law.
249 (6)(5) It is the intent of this act that adopted
250 comprehensive plans shall have the legal status set out in this
251 act and that no public or private development shall be permitted
252 except in conformity with comprehensive plans, or elements or
253 portions thereof, prepared and adopted in conformity with this
254 act.
255 (7)(6) It is the intent of this act that the activities of
256 units of local government in the preparation and adoption of
257 comprehensive plans, or elements or portions therefor, shall be
258 conducted in conformity with the provisions of this act.
259 (8)(7) The provisions of this act in their interpretation
260 and application are declared to be the minimum requirements
261 necessary to accomplish the stated intent, purposes, and
262 objectives of this act; to protect human, environmental, social,
263 and economic resources; and to maintain, through orderly growth
264 and development, the character and stability of present and
265 future land use and development in this state.
266 (9)(8) It is the intent of the Legislature that the repeal
267 of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
268 of Florida, and amendments to this part by this chapter law,
269 shall not be interpreted to limit or restrict the powers of
270 municipal or county officials, but shall be interpreted as a
271 recognition of their broad statutory and constitutional powers
272 to plan for and regulate the use of land. It is, further, the
273 intent of the Legislature to reconfirm that ss. 163.3161 through
274 163.3248 163.3215 have provided and do provide the necessary
275 statutory direction and basis for municipal and county officials
276 to carry out their comprehensive planning and land development
277 regulation powers, duties, and responsibilities.
278 (10)(9) It is the intent of the Legislature that all
279 governmental entities in this state recognize and respect
280 judicially acknowledged or constitutionally protected private
281 property rights. It is the intent of the Legislature that all
282 rules, ordinances, regulations, and programs adopted under the
283 authority of this act must be developed, promulgated,
284 implemented, and applied with sensitivity for private property
285 rights and not be unduly restrictive, and property owners must
286 be free from actions by others which would harm their property.
287 Full and just compensation or other appropriate relief must be
288 provided to any property owner for a governmental action that is
289 determined to be an invalid exercise of the police power which
290 constitutes a taking, as provided by law. Any such relief must
291 be determined in a judicial action.
292 (11) It is the intent of this part that the traditional
293 economic base of this state, agriculture, tourism, and military
294 presence, be recognized and protected. Further, it is the intent
295 of this part to encourage economic diversification, workforce
296 development, and community planning.
297 (12) It is the intent of this part that new statutory
298 requirements created by the Legislature will not require a local
299 government whose plan has been found to be in compliance with
300 this part to adopt amendments implementing the new statutory
301 requirements until the evaluation and appraisal period provided
302 in s. 163.3191, unless otherwise specified in law. However, any
303 new amendments must comply with the requirements of this part.
304 Section 5. Subsections (2) through (5) of section 163.3162,
305 Florida Statutes, are renumbered as subsections (1) through (4),
306 respectively, and present subsections (1) and (5) of that
307 section are amended to read:
308 163.3162 Agricultural Lands and Practices Act.—
309 (1) SHORT TITLE.—This section may be cited as the
310 “Agricultural Lands and Practices Act.”
311 (4)(5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.
312 The owner of a parcel of land defined as an agricultural enclave
313 under s. 163.3164(33) may apply for an amendment to the local
314 government comprehensive plan pursuant to s. 163.3184 163.3187.
315 Such amendment is presumed not to be urban sprawl as defined in
316 s. 163.3164 if it includes consistent with rule 9J-5.006(5),
317 Florida Administrative Code, and may include land uses and
318 intensities of use that are consistent with the uses and
319 intensities of use of existing or authorized for the industrial,
320 commercial, or residential areas that surround the parcel. This
321 presumption may be rebutted only by clear and convincing
322 evidence. Each application for a comprehensive plan amendment
323 under this subsection for a parcel larger than 640 acres must
324 include appropriate new urbanism concepts such as clustering,
325 mixed-use development, the creation of rural village and city
326 centers, and the transfer of development rights in order to
327 discourage urban sprawl while protecting landowner rights.
328 (a) Unless the parcel of land that is the subject of an
329 application for an amendment is abutted by only one land use
330 designation the local government and the land owner of a parcel
331 of land that is the subject of an application for an amendment
332 shall have 180 days following the date that the local government
333 receives a complete application to negotiate in good faith to
334 reach consensus on the land uses and intensities of use that are
335 consistent with the uses and intensities of use of the
336 industrial, commercial, or residential areas that surround the
337 parcel. Within 30 days after the local government’s receipt of
338 such an application, the local government and owner must agree
339 in writing to a schedule for information submittal, public
340 hearings, negotiations, and final action on the amendment, which
341 schedule may thereafter be altered only with the written consent
342 of the local government and the owner. Compliance with the
343 schedule in the written agreement constitutes good faith
344 negotiations for purposes of paragraph (c). If the parcel is
345 abutted by only one land use designation, it shall be presumed
346 that the same land use designation is appropriate for the parcel
347 and no negotiation is required.
348 (b) Upon conclusion of good faith negotiations under
349 paragraph (a), if such negotiations are required, and regardless
350 of whether the local government and owner reach consensus on the
351 land uses and intensities of use that are consistent with the
352 uses and intensities of use of the industrial, commercial, or
353 residential areas that surround the parcel, the amendment must
354 be transmitted to the state land planning agency for review
355 pursuant to s. 163.3184. If the local government fails to
356 transmit the amendment within 180 days after receipt of a
357 complete application, the amendment must be immediately
358 transferred to the state land planning agency for such review at
359 the first available transmittal cycle. A plan amendment
360 transmitted to the state land planning agency submitted under
361 this subsection is presumed not to be urban sprawl as defined in
362 s. 163.3164 consistent with rule 9J-5.006(5), Florida
363 Administrative Code. This presumption may be rebutted only by
364 clear and convincing evidence.
365 (c) If the owner fails to negotiate in good faith, a plan
366 amendment submitted under this subsection is not entitled to the
367 rebuttable presumption under this subsection in the negotiation
368 and amendment process.
369 (d) Nothing within this subsection relating to agricultural
370 enclaves shall preempt or replace any protection currently
371 existing for any property located within the boundaries of the
372 following areas:
373 1. The Wekiva Study Area, as described in s. 369.316; or
374 2. The Everglades Protection Area, as defined in s.
375 373.4592(2).
376 Section 6. Section 163.3164, Florida Statutes, is amended
377 to read:
378 163.3164 Community Local Government Comprehensive Planning
379 and Land Development Regulation Act; definitions.—As used in
380 this act, the term:
381 (1) “Administration Commission” means the Governor and the
382 Cabinet, and for purposes of this chapter the commission shall
383 act on a simple majority vote, except that for purposes of
384 imposing the sanctions provided in s. 163.3184(11), affirmative
385 action shall require the approval of the Governor and at least
386 three other members of the commission.
387 (2) “Affordable housing” has the same meaning as in s.
388 420.0004(3).
389 (4) “Antiquated subdivision” means a subdivision that was
390 recorded or approved more than 20 years ago and that has
391 substantially failed to be built and the continued buildout of
392 the subdivision in accordance with the subdivision’s zoning and
393 land use purposes would cause an imbalance of land uses and
394 would be detrimental to the local and regional economies and
395 environment, hinder current planning practices, and lead to
396 inefficient and fiscally irresponsible development patterns as
397 determined by the respective jurisdiction in which the
398 subdivision is located.
399 (5)(2) “Area” or “area of jurisdiction” means the total
400 area qualifying under the provisions of this act, whether this
401 be all of the lands lying within the limits of an incorporated
402 municipality, lands in and adjacent to incorporated
403 municipalities, all unincorporated lands within a county, or
404 areas comprising combinations of the lands in incorporated
405 municipalities and unincorporated areas of counties.
406 (6) “Capital improvement” means physical assets constructed
407 or purchased to provide, improve, or replace a public facility
408 and which are typically large scale and high in cost. The cost
409 of a capital improvement is generally nonrecurring and may
410 require multiyear financing. For the purposes of this part,
411 physical assets that have been identified as existing or
412 projected needs in the individual comprehensive plan elements
413 shall be considered capital improvements.
414 (7)(3) “Coastal area” means the 35 coastal counties and all
415 coastal municipalities within their boundaries designated
416 coastal by the state land planning agency.
417 (8) “Compatibility” means a condition in which land uses or
418 conditions can coexist in relative proximity to each other in a
419 stable fashion over time such that no use or condition is unduly
420 negatively impacted directly or indirectly by another use or
421 condition.
422 (9)(4) “Comprehensive plan” means a plan that meets the
423 requirements of ss. 163.3177 and 163.3178.
424 (10) “Deepwater ports” means the ports identified in s.
425 403.021(9).
426 (11) “Density” means an objective measurement of the number
427 of people or residential units allowed per unit of land, such as
428 residents or employees per acre.
429 (12)(5) “Developer” means any person, including a
430 governmental agency, undertaking any development as defined in
431 this act.
432 (13)(6) “Development” has the same meaning as given it in
433 s. 380.04.
434 (14)(7) “Development order” means any order granting,
435 denying, or granting with conditions an application for a
436 development permit.
437 (15)(8) “Development permit” includes any building permit,
438 zoning permit, subdivision approval, rezoning, certification,
439 special exception, variance, or any other official action of
440 local government having the effect of permitting the development
441 of land.
442 (17) “Floodprone areas” means areas inundated during a 100
443 year flood event or areas identified by the National Flood
444 Insurance Program as an A Zone on flood insurance rate maps or
445 flood hazard boundary maps.
446 (18) “Goal” means the long-term end toward which programs
447 or activities are ultimately directed.
448 (19)(9) “Governing body” means the board of county
449 commissioners of a county, the commission or council of an
450 incorporated municipality, or any other chief governing body of
451 a unit of local government, however designated, or the
452 combination of such bodies where joint utilization of the
453 provisions of this act is accomplished as provided herein.
454 (20)(10) “Governmental agency” means:
455 (a) The United States or any department, commission,
456 agency, or other instrumentality thereof.
457 (b) This state or any department, commission, agency, or
458 other instrumentality thereof.
459 (c) Any local government, as defined in this section, or
460 any department, commission, agency, or other instrumentality
461 thereof.
462 (d) Any school board or other special district, authority,
463 or governmental entity.
464 (21) “Intensity” means an objective measurement of the
465 extent to which land may be developed or used, including the
466 consumption or use of the space above, on, or below ground; the
467 measurement of the use of or demand on natural resources; and
468 the measurement of the use of or demand on facilities and
469 services.
470 (22) “Internal trip capture” means trips generated by a
471 mixed-use project which travel from one on-site land use to
472 another on-site land use without using the external road
473 network.
474 (23)(11) “Land” means the earth, water, and air, above,
475 below, or on the surface, and includes any improvements or
476 structures customarily regarded as land.
477 (26)(12) “Land use” means the development that has occurred
478 on the land, the development that is proposed by a developer on
479 the land, or the use that is permitted or permissible on the
480 land under an adopted comprehensive plan or element or portion
481 thereof, land development regulations, or a land development
482 code, as the context may indicate.
483 (27) “Level of service” means an indicator of the extent or
484 degree of service provided by, or proposed to be provided by, a
485 facility based on and related to the operational characteristics
486 of the facility. Level of service shall indicate the capacity
487 per unit of demand for each public facility.
488 (28)(13) “Local government” means any county or
489 municipality.
490 (29)(14) “Local planning agency” means the agency
491 designated to prepare the comprehensive plan or plan amendments
492 required by this act.
493 (30) “Mobility plan” means an integrated land use and
494 transportation plan that promotes compact, mixed-use, and
495 interconnected development served by a multimodal transportation
496 system that includes roads, bicycle and pedestrian facilities,
497 and, where feasible and appropriate, frequent transit and rail
498 service, to provide individuals with viable transportation
499 options without sole reliance upon a motor vehicle for personal
500 mobility.
501 (31)(15) A “Newspaper of general circulation” means a
502 newspaper published at least on a weekly basis and printed in
503 the language most commonly spoken in the area within which it
504 circulates, but does not include a newspaper intended primarily
505 for members of a particular professional or occupational group,
506 a newspaper whose primary function is to carry legal notices, or
507 a newspaper that is given away primarily to distribute
508 advertising.
509 (32) “New town” means an urban activity center and
510 community designated on the future land use map of sufficient
511 size, population and land use composition to support a variety
512 of economic and social activities consistent with an urban area
513 designation. New towns shall include basic economic activities;
514 all major land use categories, with the possible exception of
515 agricultural and industrial; and a centrally provided full range
516 of public facilities and services that demonstrate internal trip
517 capture. A new town shall be based on a master development plan.
518 (33) “Objective” means a specific, measurable, intermediate
519 end that is achievable and marks progress toward a goal.
520 (34)(16) “Parcel of land” means any quantity of land
521 capable of being described with such definiteness that its
522 locations and boundaries may be established, which is designated
523 by its owner or developer as land to be used, or developed as, a
524 unit or which has been used or developed as a unit.
525 (35)(17) “Person” means an individual, corporation,
526 governmental agency, business trust, estate, trust, partnership,
527 association, two or more persons having a joint or common
528 interest, or any other legal entity.
529 (38) “Policy” means the way in which programs and
530 activities are conducted to achieve an identified goal.
531 (39)(18) “Public notice” means notice as required by s.
532 125.66(2) for a county or by s. 166.041(3)(a) for a
533 municipality. The public notice procedures required in this part
534 are established as minimum public notice procedures.
535 (40)(19) “Regional planning agency” means the council
536 created pursuant to chapter 186 agency designated by the state
537 land planning agency to exercise responsibilities under law in a
538 particular region of the state.
539 (41) “Seasonal population” means part-time inhabitants who
540 use, or may be expected to use, public facilities or services,
541 but are not residents and includes tourists, migrant
542 farmworkers, and other short-term and long-term visitors.
543 (43)(20) “State land planning agency” means the Department
544 of Community Affairs.
545 (44)(21) “Structure” has the same meaning as in given it by
546 s. 380.031(19).
547 (45) “Suitability” means the degree to which the existing
548 characteristics and limitations of land and water are compatible
549 with a proposed use or development.
550 (46) “Transit-oriented development” means a project or
551 projects, in areas identified in a local government
552 comprehensive plan, which are or will be served by existing or
553 planned transit service. These designated areas shall be
554 compact, moderate to high density developments, of mixed-use
555 character, interconnected with other land uses, bicycle and
556 pedestrian friendly, and designed to support frequent transit
557 service operating through, collectively or separately, rail,
558 fixed guideway, streetcar, or bus systems on dedicated
559 facilities or available roadway connections.
560 (24)(22) “Land development regulation commission” means a
561 commission designated by a local government to develop and
562 recommend, to the local governing body, land development
563 regulations that which implement the adopted comprehensive plan
564 and to review land development regulations, or amendments
565 thereto, for consistency with the adopted plan and report to the
566 governing body regarding its findings. The responsibilities of
567 the land development regulation commission may be performed by
568 the local planning agency.
569 (25)(23) “Land development regulations” means ordinances
570 enacted by governing bodies for the regulation of any aspect of
571 development and includes any local government zoning, rezoning,
572 subdivision, building construction, or sign regulations or any
573 other regulations controlling the development of land, except
574 that this definition shall not apply in s. 163.3213.
575 (38)(24) “Public facilities” means major capital
576 improvements, including , but not limited to, transportation,
577 sanitary sewer, solid waste, drainage, potable water,
578 educational, parks and recreational, and health systems and
579 facilities, and spoil disposal sites for maintenance dredging
580 located in the intracoastal waterways, except for spoil disposal
581 sites owned or used by ports listed in s. 403.021(9)(b).
582 (16)(25) “Downtown revitalization” means the physical and
583 economic renewal of a central business district of a community
584 as designated by local government, and includes both downtown
585 development and redevelopment.
586 (49)(26) “Urban redevelopment” means demolition and
587 reconstruction or substantial renovation of existing buildings
588 or infrastructure within urban infill areas, existing urban
589 service areas, or community redevelopment areas created pursuant
590 to part III.
591 (48)(27) “Urban infill” means the development of vacant
592 parcels in otherwise built-up areas where public facilities such
593 as sewer systems, roads, schools, and recreation areas are
594 already in place and the average residential density is at least
595 five dwelling units per acre, the average nonresidential
596 intensity is at least a floor area ratio of 1.0 and vacant,
597 developable land does not constitute more than 10 percent of the
598 area.
599 (37)(28) “Projects that promote public transportation”
600 means projects that directly affect the provisions of public
601 transit, including transit terminals, transit lines and routes,
602 separate lanes for the exclusive use of public transit services,
603 transit stops (shelters and stations), office buildings or
604 projects that include fixed-rail or transit terminals as part of
605 the building, and projects that which are transit oriented and
606 designed to complement reasonably proximate planned or existing
607 public facilities.
608 (50)(29) “Urban service area” means built-up areas
609 identified in the comprehensive plan where public facilities and
610 services, including, but not limited to, central water and sewer
611 capacity and roads, are already in place or are identified in
612 the capital improvements element. Urban service area includes
613 any areas identified in the comprehensive plan as urban service
614 areas, regardless of local government limitation. committed in
615 the first 3 years of the capital improvement schedule. In
616 addition, for counties that qualify as dense urban land areas
617 under subsection (34), the nonrural area of a county which has
618 adopted into the county charter a rural area designation or
619 areas identified in the comprehensive plan as urban service
620 areas or urban growth boundaries on or before July 1, 2009, are
621 also urban service areas under this definition.
622 (51) “Urban sprawl” means a development pattern
623 characterized by low density, automobile-dependent development
624 with either a single use or multiple uses that are not
625 functionally related, requiring the extension of public
626 facilities and services in an inefficient manner, and failing to
627 provide a clear separation between urban and rural uses.
628 (47)(30) “Transportation corridor management” means the
629 coordination of the planning of designated future transportation
630 corridors with land use planning within and adjacent to the
631 corridor to promote orderly growth, to meet the concurrency
632 requirements of this chapter, and to maintain the integrity of
633 the corridor for transportation purposes.
634 (42)(31) “Optional Sector plan” means the an optional
635 process authorized by s. 163.3245 in which one or more local
636 governments engage in long-term planning for a large area and by
637 agreement with the state land planning agency are allowed to
638 address regional development-of-regional-impact issues through
639 adoption of detailed specific area plans within the planning
640 area within certain designated geographic areas identified in
641 the local comprehensive plan as a means of fostering innovative
642 planning and development strategies in s. 163.3177(11)(a) and
643 (b), furthering the purposes of this part and part I of chapter
644 380, reducing overlapping data and analysis requirements,
645 protecting regionally significant resources and facilities, and
646 addressing extrajurisdictional impacts. “Sector plan” includes
647 an optional sector plan that was adopted pursuant to the
648 Optional Sector Plan Pilot Program.
649 (32) “Financial feasibility” means that sufficient revenues
650 are currently available or will be available from committed
651 funding sources for the first 3 years, or will be available from
652 committed or planned funding sources for years 4 and 5, of a 5
653 year capital improvement schedule for financing capital
654 improvements, such as ad valorem taxes, bonds, state and federal
655 funds, tax revenues, impact fees, and developer contributions,
656 which are adequate to fund the projected costs of the capital
657 improvements identified in the comprehensive plan necessary to
658 ensure that adopted level-of-service standards are achieved and
659 maintained within the period covered by the 5-year schedule of
660 capital improvements. A comprehensive plan shall be deemed
661 financially feasible for transportation and school facilities
662 throughout the planning period addressed by the capital
663 improvements schedule if it can be demonstrated that the level
664 of-service standards will be achieved and maintained by the end
665 of the planning period even if in a particular year such
666 improvements are not concurrent as required by s. 163.3180.
667 (3)(33) “Agricultural enclave” means an unincorporated,
668 undeveloped parcel that:
669 (a) Is owned by a single person or entity;
670 (b) Has been in continuous use for bona fide agricultural
671 purposes, as defined by s. 193.461, for a period of 5 years
672 prior to the date of any comprehensive plan amendment
673 application;
674 (c)1. Is surrounded on at least 75 percent of its perimeter
675 by:
676 1.(i) Property that has existing industrial, commercial, or
677 residential development; or
678 2.(ii) Property that the local government has designated,
679 in the local government’s comprehensive plan, zoning map, and
680 future land use map, as land that is to be developed for
681 industrial, commercial, or residential purposes, and at least 75
682 percent of such property is existing industrial, commercial, or
683 residential development; or
684 2. Is surrounded on at least 90 percent of its perimeter by
685 property that the local government has designated in the local
686 government's comprehensive plan and future land use map as land
687 that is to be developed for industrial, commercial, or
688 residential purposes; or
689 3. Is surrounded by existing or authorized residential
690 development that will result in a density at buildout of at
691 least 1,000 residents per square mile.
692 (d) Has public services, including water, wastewater,
693 transportation, schools, and recreation facilities, available or
694 such public services are scheduled in the capital improvement
695 element to be provided by the local government or can be
696 provided by an alternative provider of local government
697 infrastructure in order to ensure consistency with applicable
698 concurrency provisions of s. 163.3180; and
699 (e) Does not exceed 1,280 acres; however, if the property
700 meets the criteria in section (c)3. aboveis surrounded by
701 existing or authorized residential development that will result
702 in a density at buildout of at least 1,000 residents per square
703 mile, then the area shall be determined to be urban and the
704 parcel may not exceed 4,480 acres.
705 (34) “Dense urban land area” means:
706 (a) A municipality that has an average of at least 1,000
707 people per square mile of land area and a minimum total
708 population of at least 5,000;
709 (b) A county, including the municipalities located therein,
710 which has an average of at least 1,000 people per square mile of
711 land area; or
712 (c) A county, including the municipalities located therein,
713 which has a population of at least 1 million.
714
715 The Office of Economic and Demographic Research within the
716 Legislature shall annually calculate the population and density
717 criteria needed to determine which jurisdictions qualify as
718 dense urban land areas by using the most recent land area data
719 from the decennial census conducted by the Bureau of the Census
720 of the United States Department of Commerce and the latest
721 available population estimates determined pursuant to s.
722 186.901. If any local government has had an annexation,
723 contraction, or new incorporation, the Office of Economic and
724 Demographic Research shall determine the population density
725 using the new jurisdictional boundaries as recorded in
726 accordance with s. 171.091. The Office of Economic and
727 Demographic Research shall submit to the state land planning
728 agency a list of jurisdictions that meet the total population
729 and density criteria necessary for designation as a dense urban
730 land area by July 1, 2009, and every year thereafter. The state
731 land planning agency shall publish the list of jurisdictions on
732 its Internet website within 7 days after the list is received.
733 The designation of jurisdictions that qualify or do not qualify
734 as a dense urban land area is effective upon publication on the
735 state land planning agency’s Internet website.
736 Section 7. Section 163.3167, Florida Statutes, is amended
737 to read:
738 163.3167 Scope of act.—
739 (1) The several incorporated municipalities and counties
740 shall have power and responsibility:
741 (a) To plan for their future development and growth.
742 (b) To adopt and amend comprehensive plans, or elements or
743 portions thereof, to guide their future development and growth.
744 (c) To implement adopted or amended comprehensive plans by
745 the adoption of appropriate land development regulations or
746 elements thereof.
747 (d) To establish, support, and maintain administrative
748 instruments and procedures to carry out the provisions and
749 purposes of this act.
750
751 The powers and authority set out in this act may be employed by
752 municipalities and counties individually or jointly by mutual
753 agreement in accord with the provisions of this act and in such
754 combinations as their common interests may dictate and require.
755 (2) Each local government shall maintain prepare a
756 comprehensive plan of the type and in the manner set out in this
757 part or prepare amendments to its existing comprehensive plan to
758 conform it to the requirements of this part and in the manner
759 set out in this part. In accordance with s. 163.3184, each local
760 government shall submit to the state land planning agency its
761 complete proposed comprehensive plan or its complete
762 comprehensive plan as proposed to be amended.
763 (3) When a local government has not prepared all of the
764 required elements or has not amended its plan as required by
765 subsection (2), the regional planning agency having
766 responsibility for the area in which the local government lies
767 shall prepare and adopt by rule, pursuant to chapter 120, the
768 missing elements or adopt by rule amendments to the existing
769 plan in accordance with this act by July 1, 1989, or within 1
770 year after the dates specified or provided in subsection (2) and
771 the state land planning agency review schedule, whichever is
772 later. The regional planning agency shall provide at least 90
773 days’ written notice to any local government whose plan it is
774 required by this subsection to prepare, prior to initiating the
775 planning process. At least 90 days before the adoption by the
776 regional planning agency of a comprehensive plan, or element or
777 portion thereof, pursuant to this subsection, the regional
778 planning agency shall transmit a copy of the proposed
779 comprehensive plan, or element or portion thereof, to the local
780 government and the state land planning agency for written
781 comment. The state land planning agency shall review and comment
782 on such plan, or element or portion thereof, in accordance with
783 s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
784 applicable to the regional planning agency as if it were a
785 governing body. Existing comprehensive plans shall remain in
786 effect until they are amended pursuant to subsection (2), this
787 subsection, s. 163.3187, or s. 163.3189.
788 (3)(4) A municipality established after the effective date
789 of this act shall, within 1 year after incorporation, establish
790 a local planning agency, pursuant to s. 163.3174, and prepare
791 and adopt a comprehensive plan of the type and in the manner set
792 out in this act within 3 years after the date of such
793 incorporation. A county comprehensive plan shall be deemed
794 controlling until the municipality adopts a comprehensive plan
795 in accord with the provisions of this act. If, upon the
796 expiration of the 3-year time limit, the municipality has not
797 adopted a comprehensive plan, the regional planning agency shall
798 prepare and adopt a comprehensive plan for such municipality.
799 (4)(5) Any comprehensive plan, or element or portion
800 thereof, adopted pursuant to the provisions of this act, which
801 but for its adoption after the deadlines established pursuant to
802 previous versions of this act would have been valid, shall be
803 valid.
804 (6) When a regional planning agency is required to prepare
805 or amend a comprehensive plan, or element or portion thereof,
806 pursuant to subsections (3) and (4), the regional planning
807 agency and the local government may agree to a method of
808 compensating the regional planning agency for any verifiable,
809 direct costs incurred. If an agreement is not reached within 6
810 months after the date the regional planning agency assumes
811 planning responsibilities for the local government pursuant to
812 subsections (3) and (4) or by the time the plan or element, or
813 portion thereof, is completed, whichever is earlier, the
814 regional planning agency shall file invoices for verifiable,
815 direct costs involved with the governing body. Upon the failure
816 of the local government to pay such invoices within 90 days, the
817 regional planning agency may, upon filing proper vouchers with
818 the Chief Financial Officer, request payment by the Chief
819 Financial Officer from unencumbered revenue or other tax sharing
820 funds due such local government from the state for work actually
821 performed, and the Chief Financial Officer shall pay such
822 vouchers; however, the amount of such payment shall not exceed
823 50 percent of such funds due such local government in any one
824 year.
825 (7) A local government that is being requested to pay costs
826 may seek an administrative hearing pursuant to ss. 120.569 and
827 120.57 to challenge the amount of costs and to determine if the
828 statutory prerequisites for payment have been complied with.
829 Final agency action shall be taken by the state land planning
830 agency. Payment shall be withheld as to disputed amounts until
831 proceedings under this subsection have been completed.
832 (5)(8) Nothing in this act shall limit or modify the rights
833 of any person to complete any development that has been
834 authorized as a development of regional impact pursuant to
835 chapter 380 or who has been issued a final local development
836 order and development has commenced and is continuing in good
837 faith.
838 (6)(9) The Reedy Creek Improvement District shall exercise
839 the authority of this part as it applies to municipalities,
840 consistent with the legislative act under which it was
841 established, for the total area under its jurisdiction.
842 (7)(10) Nothing in this part shall supersede any provision
843 of ss. 341.8201-341.842.
844 (11) Each local government is encouraged to articulate a
845 vision of the future physical appearance and qualities of its
846 community as a component of its local comprehensive plan. The
847 vision should be developed through a collaborative planning
848 process with meaningful public participation and shall be
849 adopted by the governing body of the jurisdiction. Neighboring
850 communities, especially those sharing natural resources or
851 physical or economic infrastructure, are encouraged to create
852 collective visions for greater-than-local areas. Such collective
853 visions shall apply in each city or county only to the extent
854 that each local government chooses to make them applicable. The
855 state land planning agency shall serve as a clearinghouse for
856 creating a community vision of the future and may utilize the
857 Growth Management Trust Fund, created by s. 186.911, to provide
858 grants to help pay the costs of local visioning programs. When a
859 local vision of the future has been created, a local government
860 should review its comprehensive plan, land development
861 regulations, and capital improvement program to ensure that
862 these instruments will help to move the community toward its
863 vision in a manner consistent with this act and with the state
864 comprehensive plan. A local or regional vision must be
865 consistent with the state vision, when adopted, and be
866 internally consistent with the local or regional plan of which
867 it is a component. The state land planning agency shall not
868 adopt minimum criteria for evaluating or judging the form or
869 content of a local or regional vision.
870 (8)(12) An initiative or referendum process in regard to
871 any development order or in regard to any local comprehensive
872 plan amendment or map amendment that affects five or fewer
873 parcels of land is prohibited. A local government may not adopt
874 any super majority voting requirement for the adoption of
875 amendments to the comprehensive plan.
876 (9)(13) Each local government shall address in its
877 comprehensive plan, as enumerated in this chapter, the water
878 supply sources necessary to meet and achieve the existing and
879 projected water use demand for the established planning period,
880 considering the applicable plan developed pursuant to s.
881 373.709.
882 (10)(14)(a) If a local government grants a development
883 order pursuant to its adopted land development regulations and
884 the order is not the subject of a pending appeal and the
885 timeframe for filing an appeal has expired, the development
886 order may not be invalidated by a subsequent judicial
887 determination that such land development regulations, or any
888 portion thereof that is relevant to the development order, are
889 invalid because of a deficiency in the approval standards.
890 (b) This subsection does not preclude or affect the timely
891 institution of any other remedy available at law or equity,
892 including a common law writ of certiorari proceeding pursuant to
893 Rule 9.190, Florida Rules of Appellate Procedure, or an original
894 proceeding pursuant to s. 163.3215, as applicable.
895 (c) This subsection applies retroactively to any
896 development order granted on or after January 1, 2002.
897 Section 8. Section 163.3168, Florida Statutes, is created
898 to read:
899 163.3168 Planning innovations and technical assistance.—
900 (1) The Legislature recognizes the need for innovative
901 planning and development strategies to promote a diverse economy
902 and vibrant rural and urban communities, while protecting
903 environmentally sensitive areas. The Legislature further
904 recognizes the substantial advantages of innovative approaches
905 to development directed to meet the needs of urban, rural, and
906 suburban areas.
907 (2) Local governments are encouraged to apply innovative
908 planning tools, including, but not limited to, visioning, sector
909 planning, and rural land stewardship area designations to
910 address future new development areas, urban service area
911 designations, urban growth boundaries, and mixed-use, high
912 density development in urban areas.
913 (3) The state land planning agency shall help communities
914 find creative solutions to fostering vibrant, healthy
915 communities, while protecting the functions of important state
916 resources and facilities. The state land planning agency and all
917 other appropriate state and regional agencies may use various
918 means to provide direct and indirect technical assistance within
919 available resources. If plan amendments may adversely impact
920 important state resources or facilities, upon request by the
921 local government, the state land planning agency shall
922 coordinate multiagency assistance, if needed, in developing an
923 amendment to minimize impacts on such resources or facilities.
924 Section 9. Subsection (4) of section 163.3171, Florida
925 Statutes, is amended to read:
926 163.3171 Areas of authority under this act.—
927 (4) The state land planning agency and a Local governments
928 may government shall have the power to enter into agreements
929 with each other and to agree together to enter into agreements
930 with a landowner, developer, or governmental agency as may be
931 necessary or desirable to effectuate the provisions and purposes
932 of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
933 and 163.3248. It is the Legislature’s intent that joint
934 agreements entered into under the authority of this section be
935 liberally, broadly, and flexibly construed to facilitate
936 intergovernmental cooperation between cities and counties and to
937 encourage planning in advance of jurisdictional changes. Joint
938 agreements, executed before or after the effective date of this
939 act, include, but are not limited to, agreements that
940 contemplate municipal adoption of plans or plan amendments for
941 lands in advance of annexation of such lands into the
942 municipality, and may permit municipalities and counties to
943 exercise nonexclusive extrajurisdictional authority within
944 incorporated and unincorporated areas. The state land planning
945 agency shall not have authority to interpret, invalidate, or
946 declare inoperative such joint agreements, and the validity of
947 joint agreements may not be a basis for finding plans or plan
948 amendments not in compliance pursuant to the provisions of
949 chapter law.
950 Section 10. Subsection (1) of section 163.3174, Florida
951 Statutes, is amended to read:
952 163.3174 Local planning agency.—
953 (1) The governing body of each local government,
954 individually or in combination as provided in s. 163.3171, shall
955 designate and by ordinance establish a “local planning agency,”
956 unless the agency is otherwise established by law.
957 Notwithstanding any special act to the contrary, all local
958 planning agencies or equivalent agencies that first review
959 rezoning and comprehensive plan amendments in each municipality
960 and county shall include a representative of the school district
961 appointed by the school board as a nonvoting member of the local
962 planning agency or equivalent agency to attend those meetings at
963 which the agency considers comprehensive plan amendments and
964 rezonings that would, if approved, increase residential density
965 on the property that is the subject of the application. However,
966 this subsection does not prevent the governing body of the local
967 government from granting voting status to the school board
968 member. The governing body may designate itself as the local
969 planning agency pursuant to this subsection with the addition of
970 a nonvoting school board representative. The governing body
971 shall notify the state land planning agency of the establishment
972 of its local planning agency. All local planning agencies shall
973 provide opportunities for involvement by applicable community
974 college boards, which may be accomplished by formal
975 representation, membership on technical advisory committees, or
976 other appropriate means. The local planning agency shall prepare
977 the comprehensive plan or plan amendment after hearings to be
978 held after public notice and shall make recommendations to the
979 governing body regarding the adoption or amendment of the plan.
980 The agency may be a local planning commission, the planning
981 department of the local government, or other instrumentality,
982 including a countywide planning entity established by special
983 act or a council of local government officials created pursuant
984 to s. 163.02, provided the composition of the council is fairly
985 representative of all the governing bodies in the county or
986 planning area; however:
987 (a) If a joint planning entity is in existence on the
988 effective date of this act which authorizes the governing bodies
989 to adopt and enforce a land use plan effective throughout the
990 joint planning area, that entity shall be the agency for those
991 local governments until such time as the authority of the joint
992 planning entity is modified by law.
993 (b) In the case of chartered counties, the planning
994 responsibility between the county and the several municipalities
995 therein shall be as stipulated in the charter.
996 Section 11. Subsections (6) and (9) of section 163.3175,
997 Florida Statutes, are amended to read:
998 163.3175 Legislative findings on compatibility of
999 development with military installations; exchange of information
1000 between local governments and military installations.—
1001 (6) The affected local government shall take into
1002 consideration any comments provided by the commanding officer or
1003 his or her designee pursuant to subsection (4) and must also be
1004 sensitive to private property rights and not be unduly
1005 restrictive on those rights. The affected local government shall
1006 forward a copy of any comments regarding comprehensive plan
1007 amendments to the state land planning agency.
1008 (9) If a local government, as required under s.
1009 163.3177(6)(a), does not adopt criteria and address
1010 compatibility of lands adjacent to or closely proximate to
1011 existing military installations in its future land use plan
1012 element by June 30, 2012, the local government, the military
1013 installation, the state land planning agency, and other parties
1014 as identified by the regional planning council, including, but
1015 not limited to, private landowner representatives, shall enter
1016 into mediation conducted pursuant to s. 186.509. If the local
1017 government comprehensive plan does not contain criteria
1018 addressing compatibility by December 31, 2013, the agency may
1019 notify the Administration Commission. The Administration
1020 Commission may impose sanctions pursuant to s. 163.3184(811).
1021 Any local government that amended its comprehensive plan to
1022 address military installation compatibility requirements after
1023 2004 and was found in compliance, is deemed in compliance with
1024 the provisions of this subsection until the local government
1025 conducts its evaluation and appraisal review pursuant to s.
1026 163.3191 and determines that amendments are necessary to meet
1027 updated statutory requirements.
1028
1029 Section 12. Section 163.3177, Florida Statutes, is amended
1030 to read:
1031 163.3177 Required and optional elements of comprehensive
1032 plan; studies and surveys.—
1033 (1) The comprehensive plan shall provide the consist of
1034 materials in such descriptive form, written or graphic, as may
1035 be appropriate to the prescription of principles, guidelines,
1036 and standards, and strategies for the orderly and balanced
1037 future economic, social, physical, environmental, and fiscal
1038 development of the area that reflects community commitments to
1039 implement the plan and its elements. These principles and
1040 strategies shall guide future decisions in a consistent manner
1041 and shall contain programs and activities to ensure
1042 comprehensive plans are implemented. The sections of the
1043 comprehensive plan containing the principles and strategies,
1044 generally provided as goals, objectives, and policies, shall
1045 describe how the local government’s programs, activities, and
1046 land development regulations will be initiated, modified, or
1047 continued to implement the comprehensive plan in a consistent
1048 manner. It is not the intent of this part to require the
1049 inclusion of implementing regulations in the comprehensive plan
1050 but rather to require identification of those programs,
1051 activities, and land development regulations that will be part
1052 of the strategy for implementing the comprehensive plan and the
1053 principles that describe how the programs, activities, and land
1054 development regulations will be carried out. The plan shall
1055 establish meaningful and predictable standards for the use and
1056 development of land and provide meaningful guidelines for the
1057 content of more detailed land development and use regulations.
1058 (a) The comprehensive plan shall consist of elements as
1059 described in this section, and may include optional elements.
1060 (b) A local government may include, as part of its adopted
1061 plan, documents adopted by reference but not incorporated
1062 verbatim into the plan. The adoption by reference must identify
1063 the title and author of the document and indicate clearly what
1064 provisions and edition of the document is being adopted.
1065 (c) The format of these principles and guidelines is at the
1066 discretion of the local government, but typically is expressed
1067 in goals, objectives, policies, and strategies.
1068 (d) Proposed elements shall identify procedures for
1069 monitoring, evaluating, and appraising implementation of the
1070 plan.
1071 (e) When a federal, state, or regional agency has
1072 implemented a regulatory program, a local government is not
1073 required to duplicate or exceed that regulatory program in its
1074 local comprehensive plan.
1075 (f) All mandatory and optional elements of the
1076 comprehensive plan and plan amendments shall be based upon a
1077 justification by the local government that may include, but not
1078 be limited to, surveys, studies, community goals and vision, and
1079 other data available at the time of adoption of the
1080 comprehensive plan or plan amendment. To be based on data means
1081 to react to it in an appropriate way and to the extent necessary
1082 indicated by the data available on that particular subject at
1083 the time of adoption of the plan or plan amendment at issue.
1084 1. Surveys, studies, and data utilized in the preparation
1085 of the comprehensive plan shall not be deemed a part of the
1086 comprehensive plan unless adopted as a part of it. Copies of
1087 such studies, surveys, data, and supporting documents shall be
1088 made available for public inspection, and copies of such plans
1089 shall be made available to the public upon payment of reasonable
1090 charges for reproduction. Support data or summaries shall not be
1091 subject to the compliance review process, but the comprehensive
1092 plan must be clearly based on appropriate data. Support data or
1093 summaries may be used to aid in the determination of compliance
1094 and consistency.
1095 2. Data must be taken from professionally accepted sources.
1096 The application of a methodology utilized in data collection or
1097 whether a particular methodology is professionally accepted may
1098 be evaluated. However, the evaluation shall not include whether
1099 one accepted methodology is better than another. Original data
1100 collection by local governments is not required. However, local
1101 governments may use original data so long as methodologies are
1102 professionally accepted.
1103 3. The comprehensive plan shall be based upon resident and
1104 seasonal population estimates and projections, which shall
1105 either be those provided by the Office of Economic and
1106 Demographic Research or generated by the local government based
1107 upon a professionally acceptable methodology. The plan must be
1108 based on at least the minimum amount of land required to
1109 accommodate the medium projections of the Office of Economic and
1110 Demographic Research unless otherwise limited under s. 380.05
1111 including related rules of the Administration Commission.
1112 (2) Coordination of the several elements of the local
1113 comprehensive plan shall be a major objective of the planning
1114 process. The several elements of the comprehensive plan shall be
1115 consistent. Where data is relevant to several elements,
1116 consistent data shall be used, including population estimates
1117 and projections unless alternative data can be justified for a
1118 plan amendment through new supporting data and analysis. Each
1119 map depicting future conditions must reflect the principles,
1120 guidelines, and standards within all elements and each such map
1121 must be contained within the comprehensive plan, and the
1122 comprehensive plan shall be financially feasible. Financial
1123 feasibility shall be determined using professionally accepted
1124 methodologies and applies to the 5-year planning period, except
1125 in the case of a long-term transportation or school concurrency
1126 management system, in which case a 10-year or 15-year period
1127 applies.
1128 (3)(a) The comprehensive plan shall contain a capital
1129 improvements element designed to consider the need for and the
1130 location of public facilities in order to encourage the
1131 efficient use of such facilities and set forth:
1132 1. A component that outlines principles for construction,
1133 extension, or increase in capacity of public facilities, as well
1134 as a component that outlines principles for correcting existing
1135 public facility deficiencies, which are necessary to implement
1136 the comprehensive plan. The components shall cover at least a 5
1137 year period.
1138 2. Estimated public facility costs, including a delineation
1139 of when facilities will be needed, the general location of the
1140 facilities, and projected revenue sources to fund the
1141 facilities.
1142 3. Standards to ensure the availability of public
1143 facilities and the adequacy of those facilities including
1144 acceptable levels of service.
1145 4. Standards for the management of debt.
1146 4.5. A schedule of capital improvements which includes any
1147 publicly funded projects of federal, state, or local government,
1148 and which may include privately funded projects for which the
1149 local government has no fiscal responsibility. Projects,
1150 necessary to ensure that any adopted level-of-service standards
1151 are achieved and maintained for the 5-year period must be
1152 identified as either funded or unfunded and given a level of
1153 priority for funding. For capital improvements that will be
1154 funded by the developer, financial feasibility shall be
1155 demonstrated by being guaranteed in an enforceable development
1156 agreement or interlocal agreement pursuant to paragraph (10)(h),
1157 or other enforceable agreement. These development agreements and
1158 interlocal agreements shall be reflected in the schedule of
1159 capital improvements if the capital improvement is necessary to
1160 serve development within the 5-year schedule. If the local
1161 government uses planned revenue sources that require referenda
1162 or other actions to secure the revenue source, the plan must, in
1163 the event the referenda are not passed or actions do not secure
1164 the planned revenue source, identify other existing revenue
1165 sources that will be used to fund the capital projects or
1166 otherwise amend the plan to ensure financial feasibility.
1167 5.6. The schedule must include transportation improvements
1168 included in the applicable metropolitan planning organization’s
1169 transportation improvement program adopted pursuant to s.
1170 339.175(8) to the extent that such improvements are relied upon
1171 to ensure concurrency or implementation of a mobility plan as
1172 defined in s. 163.3164 and financial feasibility. The schedule
1173 must also be coordinated with the applicable metropolitan
1174 planning organization’s long-range transportation plan adopted
1175 pursuant to s. 339.175(7).
1176 (b)1. The capital improvements element must be reviewed by
1177 the local government on an annual basis. Modifications and
1178 modified as necessary in accordance with s. 163.3187 or s.
1179 163.3189 in order to update the maintain a financially feasible
1180 5-year capital improvement schedule of capital improvements.
1181 Corrections and modifications concerning costs; revenue sources;
1182 or acceptance of facilities pursuant to dedications which are
1183 consistent with the plan may be accomplished by ordinance and
1184 shall not be deemed to be amendments to the local comprehensive
1185 plan. A copy of the ordinance shall be transmitted to the state
1186 land planning agency. An amendment to the comprehensive plan is
1187 required to update the schedule on an annual basis or to
1188 eliminate, defer, or delay the construction for any facility
1189 listed in the 5-year schedule. All public facilities must be
1190 consistent with the capital improvements element. The annual
1191 update to the capital improvements element of the comprehensive
1192 plan need not comply with the financial feasibility requirement
1193 until December 1, 2011. Thereafter, a local government may not
1194 amend its future land use map, except for plan amendments to
1195 meet new requirements under this part and emergency amendments
1196 pursuant to s. 163.3187(1)(a), after December 1, 2011, and every
1197 year thereafter, unless and until the local government has
1198 adopted the annual update and it has been transmitted to the
1199 state land planning agency.
1200 2. Capital improvements element amendments adopted after
1201 the effective date of this act shall require only a single
1202 public hearing before the governing board which shall be an
1203 adoption hearing as described in s. 163.3184(7). Such amendments
1204 are not subject to the requirements of s. 163.3184(3)-(6).
1205 (c) If the local government does not adopt the required
1206 annual update to the schedule of capital improvements, the state
1207 land planning agency must notify the Administration Commission.
1208 A local government that has a demonstrated lack of commitment to
1209 meeting its obligations identified in the capital improvements
1210 element may be subject to sanctions by the Administration
1211 Commission pursuant to s. 163.3184(11).
1212 (d) If a local government adopts a long-term concurrency
1213 management system pursuant to s. 163.3180(9), it must also adopt
1214 a long-term capital improvements schedule covering up to a 10
1215 year or 15-year period, and must update the long-term schedule
1216 annually. The long-term schedule of capital improvements must be
1217 financially feasible.
1218 (e) At the discretion of the local government and
1219 notwithstanding the requirements of this subsection, a
1220 comprehensive plan, as revised by an amendment to the plan’s
1221 future land use map, shall be deemed to be financially feasible
1222 and to have achieved and maintained level-of-service standards
1223 as required by this section with respect to transportation
1224 facilities if the amendment to the future land use map is
1225 supported by a:
1226 1. Condition in a development order for a development of
1227 regional impact or binding agreement that addresses
1228 proportionate-share mitigation consistent with s. 163.3180(12);
1229 or
1230 2. Binding agreement addressing proportionate fair-share
1231 mitigation consistent with s. 163.3180(16)(f) and the property
1232 subject to the amendment to the future land use map is located
1233 within an area designated in a comprehensive plan for urban
1234 infill, urban redevelopment, downtown revitalization, urban
1235 infill and redevelopment, or an urban service area. The binding
1236 agreement must be based on the maximum amount of development
1237 identified by the future land use map amendment or as may be
1238 otherwise restricted through a special area plan policy or map
1239 notation in the comprehensive plan.
1240 (f) A local government’s comprehensive plan and plan
1241 amendments for land uses within all transportation concurrency
1242 exception areas that are designated and maintained in accordance
1243 with s. 163.3180(5) shall be deemed to meet the requirement to
1244 achieve and maintain level-of-service standards for
1245 transportation.
1246 (4)(a) Coordination of the local comprehensive plan with
1247 the comprehensive plans of adjacent municipalities, the county,
1248 adjacent counties, or the region; with the appropriate water
1249 management district’s regional water supply plans approved
1250 pursuant to s. 373.709; and with adopted rules pertaining to
1251 designated areas of critical state concern; and with the state
1252 comprehensive plan shall be a major objective of the local
1253 comprehensive planning process. To that end, in the preparation
1254 of a comprehensive plan or element thereof, and in the
1255 comprehensive plan or element as adopted, the governing body
1256 shall include a specific policy statement indicating the
1257 relationship of the proposed development of the area to the
1258 comprehensive plans of adjacent municipalities, the county,
1259 adjacent counties, or the region and to the state comprehensive
1260 plan, as the case may require and as such adopted plans or plans
1261 in preparation may exist.
1262 (b) When all or a portion of the land in a local government
1263 jurisdiction is or becomes part of a designated area of critical
1264 state concern, the local government shall clearly identify those
1265 portions of the local comprehensive plan that shall be
1266 applicable to the critical area and shall indicate the
1267 relationship of the proposed development of the area to the
1268 rules for the area of critical state concern.
1269 (5)(a) Each local government comprehensive plan must
1270 include at least two planning periods, one covering at least the
1271 first 5-year period occurring after the plan’s adoption and one
1272 covering at least a 10-year period. Additional planning periods
1273 for specific components, elements, land use amendments, or
1274 projects shall be permissible and accepted as part of the
1275 planning process.
1276 (b) The comprehensive plan and its elements shall contain
1277 guidelines or policies policy recommendations for the
1278 implementation of the plan and its elements.
1279 (6) In addition to the requirements of subsections (1)-(5)
1280 and (12), the comprehensive plan shall include the following
1281 elements:
1282 (a) A future land use plan element designating proposed
1283 future general distribution, location, and extent of the uses of
1284 land for residential uses, commercial uses, industry,
1285 agriculture, recreation, conservation, education, public
1286 buildings and grounds, other public facilities, and other
1287 categories of the public and private uses of land. The
1288 approximate acreage and the general range of density or
1289 intensity of use shall be provided for the gross land area
1290 included in each existing land use category. The element shall
1291 establish the long-term end toward which land use programs and
1292 activities are ultimately directed. Counties are encouraged to
1293 designate rural land stewardship areas, pursuant to paragraph
1294 (11)(d), as overlays on the future land use map.
1295 1. Each future land use category must be defined in terms
1296 of uses included, and must include standards to be followed in
1297 the control and distribution of population densities and
1298 building and structure intensities. The proposed distribution,
1299 location, and extent of the various categories of land use shall
1300 be shown on a land use map or map series which shall be
1301 supplemented by goals, policies, and measurable objectives.
1302 2. The future land use plan and plan amendments shall be
1303 based upon surveys, studies, and data regarding the area, as
1304 applicable, including:
1305 a. The amount of land required to accommodate anticipated
1306 growth.;
1307 b. The projected residential and seasonal population of the
1308 area.;
1309 c. The character of undeveloped land.;
1310 d. The availability of water supplies, public facilities,
1311 and services.;
1312 e. The need for redevelopment, including the renewal of
1313 blighted areas and the elimination of nonconforming uses which
1314 are inconsistent with the character of the community.;
1315 f. The compatibility of uses on lands adjacent to or
1316 closely proximate to military installations.;
1317 g. The compatibility of uses on lands adjacent to an
1318 airport as defined in s. 330.35 and consistent with s. 333.02.;
1319 h. The discouragement of urban sprawl.; energy-efficient
1320 land use patterns accounting for existing and future electric
1321 power generation and transmission systems; greenhouse gas
1322 reduction strategies; and, in rural communities,
1323 i. The need for job creation, capital investment, and
1324 economic development that will strengthen and diversify the
1325 community’s economy.
1326 j. The need to modify land uses and development patterns
1327 within antiquated subdivisions. The future land use plan may
1328 designate areas for future planned development use involving
1329 combinations of types of uses for which special regulations may
1330 be necessary to ensure development in accord with the principles
1331 and standards of the comprehensive plan and this act.
1332 3. The future land use plan element shall include criteria
1333 to be used to:
1334 a. Achieve the compatibility of lands adjacent or closely
1335 proximate to military installations, considering factors
1336 identified in s. 163.3175(5)., and
1337 b. Achieve the compatibility of lands adjacent to an
1338 airport as defined in s. 330.35 and consistent with s. 333.02.
1339 c. Encourage preservation of recreational and commercial
1340 working waterfronts for water dependent uses in coastal
1341 communities.
1342 d. Encourage the location of schools proximate to urban
1343 residential areas to the extent possible.
1344 e. Coordinate future land uses with the topography and soil
1345 conditions, and the availability of facilities and services.
1346 f. Ensure the protection of natural and historic resources.
1347 g. Provide for the compatibility of adjacent land uses.
1348 h. Provide guidelines for the implementation of mixed use
1349 development including the types of uses allowed, the percentage
1350 distribution among the mix of uses, or other standards, and the
1351 density and intensity of each use.
1352 4. In addition, for rural communities, The amount of land
1353 designated for future planned uses industrial use shall provide
1354 a balance of uses that foster vibrant, viable communities and
1355 economic development opportunities and address outdated
1356 development patterns, such as antiquated subdivisions. The
1357 amount of land designated for future land uses should allow the
1358 operation of real estate markets to provide adequate choices for
1359 permanent and seasonal residents and business and be based upon
1360 surveys and studies that reflect the need for job creation,
1361 capital investment, and the necessity to strengthen and
1362 diversify the local economies, and may not be limited solely by
1363 the projected population of the rural community. The element
1364 shall accommodate at least the minimum amount of land required
1365 to accommodate the medium projections of the Office of Economic
1366 and Demographic Research at least a 10-year planning period
1367 unless otherwise limited under s. 380.05 including related rules
1368 of the Administration Commission.
1369 5. The future land use plan of a county may also designate
1370 areas for possible future municipal incorporation.
1371 6. The land use maps or map series shall generally identify
1372 and depict historic district boundaries and shall designate
1373 historically significant properties meriting protection. For
1374 coastal counties, the future land use element must include,
1375 without limitation, regulatory incentives and criteria that
1376 encourage the preservation of recreational and commercial
1377 working waterfronts as defined in s. 342.07.
1378 7. The future land use element must clearly identify the
1379 land use categories in which public schools are an allowable
1380 use. When delineating the land use categories in which public
1381 schools are an allowable use, a local government shall include
1382 in the categories sufficient land proximate to residential
1383 development to meet the projected needs for schools in
1384 coordination with public school boards and may establish
1385 differing criteria for schools of different type or size. Each
1386 local government shall include lands contiguous to existing
1387 school sites, to the maximum extent possible, within the land
1388 use categories in which public schools are an allowable use. The
1389 failure by a local government to comply with these school siting
1390 requirements will result in the prohibition of the local
1391 government’s ability to amend the local comprehensive plan,
1392 except for plan amendments described in s. 163.3187(1)(b), until
1393 the school siting requirements are met. Amendments proposed by a
1394 local government for purposes of identifying the land use
1395 categories in which public schools are an allowable use are
1396 exempt from the limitation on the frequency of plan amendments
1397 contained in s. 163.3187. The future land use element shall
1398 include criteria that encourage the location of schools
1399 proximate to urban residential areas to the extent possible and
1400 shall require that the local government seek to collocate public
1401 facilities, such as parks, libraries, and community centers,
1402 with schools to the extent possible and to encourage the use of
1403 elementary schools as focal points for neighborhoods. For
1404 schools serving predominantly rural counties, defined as a
1405 county with a population of 100,000 or fewer, an agricultural
1406 land use category is eligible for the location of public school
1407 facilities if the local comprehensive plan contains school
1408 siting criteria and the location is consistent with such
1409 criteria.
1410 8. Future land use map amendments shall be based upon the
1411 following analyses:
1412 a. An analysis of the availability of facilities and
1413 services.
1414 b. An analysis of the suitability of the plan amendment for
1415 its proposed use considering the character of the undeveloped
1416 land, soils, topography, natural resources, and historic
1417 resources on site.
1418 c. An analysis of the minimum amount of land needed as
1419 determined by the local government.
1420 9. The future land use element and any amendment to the
1421 future land use element shall discourage the proliferation of
1422 urban sprawl.
1423 a. The primary indicators that a plan or plan amendment
1424 does not discourage the proliferation of urban sprawl are listed
1425 below. The evaluation of the presence of these indicators shall
1426 consist of an analysis of the plan or plan amendment within the
1427 context of features and characteristics unique to each locality
1428 in order to determine whether the plan or plan amendment:
1429 (I) Promotes, allows, or designates for development
1430 substantial areas of the jurisdiction to develop as low
1431 intensity, low-density, or single-use development or uses.
1432 (II) Promotes, allows, or designates significant amounts of
1433 urban development to occur in rural areas at substantial
1434 distances from existing urban areas while not using undeveloped
1435 lands that are available and suitable for development.
1436 (III) Promotes, allows, or designates urban development in
1437 radial, strip, isolated, or ribbon patterns generally emanating
1438 from existing urban developments.
1439 (IV) Fails to adequately protect and conserve natural
1440 resources, such as wetlands, floodplains, native vegetation,
1441 environmentally sensitive areas, natural groundwater aquifer
1442 recharge areas, lakes, rivers, shorelines, beaches, bays,
1443 estuarine systems, and other significant natural systems.
1444 (V) Fails to adequately protect adjacent agricultural areas
1445 and activities, including silviculture, active agricultural and
1446 silvicultural activities, passive agricultural activities, and
1447 dormant, unique, and prime farmlands and soils.
1448 (VI) Fails to maximize use of existing public facilities
1449 and services.
1450 (VII) Fails to maximize use of future public facilities and
1451 services.
1452 (VIII) Allows for land use patterns or timing which
1453 disproportionately increase the cost in time, money, and energy
1454 of providing and maintaining facilities and services, including
1455 roads, potable water, sanitary sewer, stormwater management, law
1456 enforcement, education, health care, fire and emergency
1457 response, and general government.
1458 (IX) Fails to provide a clear separation between rural and
1459 urban uses.
1460 (X) Discourages or inhibits infill development or the
1461 redevelopment of existing neighborhoods and communities.
1462 (XI) Fails to encourage a functional mix of uses.
1463 (XII) Results in poor accessibility among linked or related
1464 land uses.
1465 (XIII) Results in the loss of significant amounts of
1466 functional open space.
1467 b. The future land use element or plan amendment shall be
1468 determined to discourage the proliferation of urban sprawl if it
1469 incorporates a development pattern or urban form that achieves
1470 four or more of the following:
1471 (I) Directs or locates economic growth and associated land
1472 development to geographic areas of the community in a manner
1473 that does not have an adverse impact on and protects natural
1474 resources and ecosystems.
1475 (II) Promotes the efficient and cost-effective provision or
1476 extension of public infrastructure and services.
1477 (III) Promotes walkable and connected communities and
1478 provides for compact development and a mix of uses at densities
1479 and intensities that will support a range of housing choices and
1480 a multimodal transportation system, including pedestrian,
1481 bicycle, and transit, if available.
1482 (IV) Promotes conservation of water and energy.
1483 (V) Preserves agricultural areas and activities, including
1484 silviculture, and dormant, unique, and prime farmlands and
1485 soils.
1486 (VI) Preserves open space and natural lands and provides
1487 for public open space and recreation needs.
1488 (VII) Creates a balance of land uses based upon demands of
1489 residential population for the nonresidential needs of an area.
1490 (VIII) Provides uses, densities, and intensities of use and
1491 urban form that would remediate an existing or planned
1492 development pattern in the vicinity that constitutes sprawl or
1493 if it provides for an innovative development pattern such as
1494 transit-oriented developments or new towns as defined in s.
1495 163.3164.
1496 10. The future land use element shall include a future land
1497 use map or map series.
1498 a. The proposed distribution, extent, and location of the
1499 following uses shall be shown on the future land use map or map
1500 series:
1501 (I) Residential.
1502 (II) Commercial.
1503 (III) Industrial.
1504 (IV) Agricultural.
1505 (V) Recreational.
1506 (VI) Conservation.
1507 (VII) Educational.
1508 (VIII) Public.
1509 b. The following areas shall also be shown on the future
1510 land use map or map series, if applicable:
1511 (I) Historic district boundaries and designated
1512 historically significant properties.
1513 (II) Transportation concurrency management area boundaries
1514 or transportation concurrency exception area boundaries.
1515 (III) Multimodal transportation district boundaries.
1516 (IV) Mixed use categories.
1517 c. The following natural resources or conditions shall be
1518 shown on the future land use map or map series, if applicable:
1519 (I) Existing and planned public potable waterwells, cones
1520 of influence, and wellhead protection areas.
1521 (II) Beaches and shores, including estuarine systems.
1522 (III) Rivers, bays, lakes, floodplains, and harbors.
1523 (IV) Wetlands.
1524 (V) Minerals and soils.
1525 (VI) Coastal high-hazard areas.
1526 11. Local governments required to update or amend their
1527 comprehensive plan to include criteria and address compatibility
1528 of lands adjacent or closely proximate to existing military
1529 installations, or lands adjacent to an airport as defined in s.
1530 330.35 and consistent with s. 333.02, in their future land use
1531 plan element shall transmit the update or amendment to the state
1532 land planning agency by June 30, 2012.
1533 (b)1. A transportation element addressing mobility issues
1534 in relationship to the size and character of the local
1535 government. The purpose of the transportation element shall be
1536 to plan for a multimodal transportation system that places
1537 emphasis on public transportation systems, where feasible. The
1538 element shall provide for a safe, convenient multimodal
1539 transportation system, coordinated with the future land use map
1540 or map series and designed to support all elements of the
1541 comprehensive plan. A local government that has all or part of
1542 its jurisdiction included within the metropolitan planning area
1543 of a metropolitan planning organization (M.P.O.) pursuant to s.
1544 339.175 shall prepare and adopt a transportation element
1545 consistent with this subsection. Local governments that are not
1546 located within the metropolitan planning area of an M.P.O. shall
1547 address traffic circulation, mass transit, and ports, and
1548 aviation and related facilities consistent with this subsection,
1549 except that local governments with a population of 50,000 or
1550 less shall only be required to address transportation
1551 circulation. The element shall be coordinated with the plans and
1552 programs of any applicable metropolitan planning organization,
1553 transportation authority, Florida Transportation Plan, and
1554 Department of Transportation’s adopted work program. The
1555 transportation element shall address
1556 (b) A traffic circulation, including element consisting of
1557 the types, locations, and extent of existing and proposed major
1558 thoroughfares and transportation routes, including bicycle and
1559 pedestrian ways. Transportation corridors, as defined in s.
1560 334.03, may be designated in the transportation traffic
1561 circulation element pursuant to s. 337.273. If the
1562 transportation corridors are designated, the local government
1563 may adopt a transportation corridor management ordinance. The
1564 element shall reflect the data, analysis, and associated
1565 principles and strategies relating to:
1566 a. The existing transportation system levels of service and
1567 system needs and the availability of transportation facilities
1568 and services.
1569 b. The growth trends and travel patterns and interactions
1570 between land use and transportation.
1571 c. Existing and projected intermodal deficiencies and
1572 needs.
1573 d. The projected transportation system levels of service
1574 and system needs based upon the future land use map and the
1575 projected integrated transportation system.
1576 e. How the local government will correct existing facility
1577 deficiencies, meet the identified needs of the projected
1578 transportation system, and advance the purpose of this paragraph
1579 and the other elements of the comprehensive plan.
1580 2. Local governments within a metropolitan planning area
1581 designated as an M.P.O. pursuant to s. 339.175 shall also
1582 address:
1583 a. All alternative modes of travel, such as public
1584 transportation, pedestrian, and bicycle travel.
1585 b. Aviation, rail, seaport facilities, access to those
1586 facilities, and intermodal terminals.
1587 c. The capability to evacuate the coastal population before
1588 an impending natural disaster.
1589 d. Airports, projected airport and aviation development,
1590 and land use compatibility around airports, which includes areas
1591 defined in ss. 333.01 and 333.02.
1592 e. An identification of land use densities, building
1593 intensities, and transportation management programs to promote
1594 public transportation systems in designated public
1595 transportation corridors so as to encourage population densities
1596 sufficient to support such systems.
1597 3. Mass-transit provisions showing proposed methods for the
1598 moving of people, rights-of-way, terminals, and related
1599 facilities shall address:
1600 a. The provision of efficient public transit services based
1601 upon existing and proposed major trip generators and attractors,
1602 safe and convenient public transit terminals, land uses, and
1603 accommodation of the special needs of the transportation
1604 disadvantaged.
1605 b. Plans for port, aviation, and related facilities
1606 coordinated with the general circulation and transportation
1607 element.
1608 c. Plans for the circulation of recreational traffic,
1609 including bicycle facilities, exercise trails, riding
1610 facilities, and such other matters as may be related to the
1611 improvement and safety of movement of all types of recreational
1612 traffic.
1613 4. An airport master plan, and any subsequent amendments to
1614 the airport master plan, prepared by a licensed publicly owned
1615 and operated airport under s. 333.06 may be incorporated into
1616 the local government comprehensive plan by the local government
1617 having jurisdiction under this act for the area in which the
1618 airport or projected airport development is located by the
1619 adoption of a comprehensive plan amendment. In the amendment to
1620 the local comprehensive plan that integrates the airport master
1621 plan, the comprehensive plan amendment shall address land use
1622 compatibility consistent with chapter 333 regarding airport
1623 zoning; the provision of regional transportation facilities for
1624 the efficient use and operation of the transportation system and
1625 airport; consistency with the local government transportation
1626 circulation element and applicable M.P.O. long-range
1627 transportation plans; the execution of any necessary interlocal
1628 agreements for the purposes of the provision of public
1629 facilities and services to maintain the adopted level-of-service
1630 standards for facilities subject to concurrency; and may address
1631 airport-related or aviation-related development. Development or
1632 expansion of an airport consistent with the adopted airport
1633 master plan that has been incorporated into the local
1634 comprehensive plan in compliance with this part, and airport
1635 related or aviation-related development that has been addressed
1636 in the comprehensive plan amendment that incorporates the
1637 airport master plan, shall not be a development of regional
1638 impact. Notwithstanding any other general law, an airport that
1639 has received a development-of-regional-impact development order
1640 pursuant to s. 380.06, but which is no longer required to
1641 undergo development-of-regional-impact review pursuant to this
1642 subsection, may rescind its development-of-regional-impact order
1643 upon written notification to the applicable local government.
1644 Upon receipt by the local government, the development-of
1645 regional-impact development order shall be deemed rescinded.
1646 5. The transportation element shall include a map or map
1647 series showing the general location of the existing and proposed
1648 transportation system features and shall be coordinated with the
1649 future land use map or map series. The traffic circulation
1650 element shall incorporate transportation strategies to address
1651 reduction in greenhouse gas emissions from the transportation
1652 sector.
1653 (c) A general sanitary sewer, solid waste, drainage,
1654 potable water, and natural groundwater aquifer recharge element
1655 correlated to principles and guidelines for future land use,
1656 indicating ways to provide for future potable water, drainage,
1657 sanitary sewer, solid waste, and aquifer recharge protection
1658 requirements for the area. The element may be a detailed
1659 engineering plan including a topographic map depicting areas of
1660 prime groundwater recharge.
1661 1. Each local government shall address in the data and
1662 analyses required by this section those facilities that provide
1663 service within the local government’s jurisdiction. Local
1664 governments that provide facilities to serve areas within other
1665 local government jurisdictions shall also address those
1666 facilities in the data and analyses required by this section,
1667 using data from the comprehensive plan for those areas for the
1668 purpose of projecting facility needs as required in this
1669 subsection. For shared facilities, each local government shall
1670 indicate the proportional capacity of the systems allocated to
1671 serve its jurisdiction.
1672 2. The element shall describe the problems and needs and
1673 the general facilities that will be required for solution of the
1674 problems and needs, including correcting existing facility
1675 deficiencies. The element shall address coordinating the
1676 extension of, or increase in the capacity of, facilities to meet
1677 future needs while maximizing the use of existing facilities and
1678 discouraging urban sprawl; conservation of potable water
1679 resources; and protecting the functions of natural groundwater
1680 recharge areas and natural drainage features. The element shall
1681 also include a topographic map depicting any areas adopted by a
1682 regional water management district as prime groundwater recharge
1683 areas for the Floridan or Biscayne aquifers. These areas shall
1684 be given special consideration when the local government is
1685 engaged in zoning or considering future land use for said
1686 designated areas. For areas served by septic tanks, soil surveys
1687 shall be provided which indicate the suitability of soils for
1688 septic tanks.
1689 3. Within 18 months after the governing board approves an
1690 updated regional water supply plan, the element must incorporate
1691 the alternative water supply project or projects selected by the
1692 local government from those identified in the regional water
1693 supply plan pursuant to s. 373.709(2)(a) or proposed by the
1694 local government under s. 373.709(8)(b). If a local government
1695 is located within two water management districts, the local
1696 government shall adopt its comprehensive plan amendment within
1697 18 months after the later updated regional water supply plan.
1698 The element must identify such alternative water supply projects
1699 and traditional water supply projects and conservation and reuse
1700 necessary to meet the water needs identified in s. 373.709(2)(a)
1701 within the local government’s jurisdiction and include a work
1702 plan, covering at least a 10-year planning period, for building
1703 public, private, and regional water supply facilities, including
1704 development of alternative water supplies, which are identified
1705 in the element as necessary to serve existing and new
1706 development. The work plan shall be updated, at a minimum, every
1707 5 years within 18 months after the governing board of a water
1708 management district approves an updated regional water supply
1709 plan. Amendments to incorporate the work plan do not count
1710 toward the limitation on the frequency of adoption of amendments
1711 to the comprehensive plan. Local governments, public and private
1712 utilities, regional water supply authorities, special districts,
1713 and water management districts are encouraged to cooperatively
1714 plan for the development of multijurisdictional water supply
1715 facilities that are sufficient to meet projected demands for
1716 established planning periods, including the development of
1717 alternative water sources to supplement traditional sources of
1718 groundwater and surface water supplies.
1719 (d) A conservation element for the conservation, use, and
1720 protection of natural resources in the area, including air,
1721 water, water recharge areas, wetlands, waterwells, estuarine
1722 marshes, soils, beaches, shores, flood plains, rivers, bays,
1723 lakes, harbors, forests, fisheries and wildlife, marine habitat,
1724 minerals, and other natural and environmental resources,
1725 including factors that affect energy conservation.
1726 1. The following natural resources, where present within
1727 the local government’s boundaries, shall be identified and
1728 analyzed and existing recreational or conservation uses, known
1729 pollution problems, including hazardous wastes, and the
1730 potential for conservation, recreation, use, or protection shall
1731 also be identified:
1732 a. Rivers, bays, lakes, wetlands including estuarine
1733 marshes, groundwaters, and springs, including information on
1734 quality of the resource available.
1735 b. Floodplains.
1736 c. Known sources of commercially valuable minerals.
1737 d. Areas known to have experienced soil erosion problems.
1738 e. Areas that are the location of recreationally and
1739 commercially important fish or shellfish, wildlife, marine
1740 habitats, and vegetative communities, including forests,
1741 indicating known dominant species present and species listed by
1742 federal, state, or local government agencies as endangered,
1743 threatened, or species of special concern.
1744 2. The element must contain principles, guidelines, and
1745 standards for conservation that provide long-term goals and
1746 which:
1747 a. Protects air quality.
1748 b. Conserves, appropriately uses, and protects the quality
1749 and quantity of current and projected water sources and waters
1750 that flow into estuarine waters or oceanic waters and protect
1751 from activities and land uses known to affect adversely the
1752 quality and quantity of identified water sources, including
1753 natural groundwater recharge areas, wellhead protection areas,
1754 and surface waters used as a source of public water supply.
1755 c. Provides for the emergency conservation of water sources
1756 in accordance with the plans of the regional water management
1757 district.
1758 d. Conserves, appropriately uses, and protects minerals,
1759 soils, and native vegetative communities, including forests,
1760 from destruction by development activities.
1761 e. Conserves, appropriately uses, and protects fisheries,
1762 wildlife, wildlife habitat, and marine habitat and restricts
1763 activities known to adversely affect the survival of endangered
1764 and threatened wildlife.
1765 f. Protects existing natural reservations identified in the
1766 recreation and open space element.
1767 g. Maintains cooperation with adjacent local governments to
1768 conserve, appropriately use, or protect unique vegetative
1769 communities located within more than one local jurisdiction.
1770 h. Designates environmentally sensitive lands for
1771 protection based on locally determined criteria which further
1772 the goals and objectives of the conservation element.
1773 i. Manages hazardous waste to protect natural resources.
1774 j. Protects and conserves wetlands and the natural
1775 functions of wetlands.
1776 k. Directs future land uses that are incompatible with the
1777 protection and conservation of wetlands and wetland functions
1778 away from wetlands. The type, intensity or density, extent,
1779 distribution, and location of allowable land uses and the types,
1780 values, functions, sizes, conditions, and locations of wetlands
1781 are land use factors that shall be considered when directing
1782 incompatible land uses away from wetlands. Land uses shall be
1783 distributed in a manner that minimizes the effect and impact on
1784 wetlands. The protection and conservation of wetlands by the
1785 direction of incompatible land uses away from wetlands shall
1786 occur in combination with other principles, guidelines,
1787 standards, and strategies in the comprehensive plan. Where
1788 incompatible land uses are allowed to occur, mitigation shall be
1789 considered as one means to compensate for loss of wetlands
1790 functions.
1791 3. Local governments shall assess their Current and, as
1792 well as projected, water needs and sources for at least a 10
1793 year period based on the demands for industrial, agricultural,
1794 and potable water use and the quality and quantity of water
1795 available to meet these demands shall be analyzed. The analysis
1796 shall consider the existing levels of water conservation, use,
1797 and protection and applicable policies of the regional water
1798 management district and further must consider, considering the
1799 appropriate regional water supply plan approved pursuant to s.
1800 373.709, or, in the absence of an approved regional water supply
1801 plan, the district water management plan approved pursuant to s.
1802 373.036(2). This information shall be submitted to the
1803 appropriate agencies. The land use map or map series contained
1804 in the future land use element shall generally identify and
1805 depict the following:
1806 1. Existing and planned waterwells and cones of influence
1807 where applicable.
1808 2. Beaches and shores, including estuarine systems.
1809 3. Rivers, bays, lakes, flood plains, and harbors.
1810 4. Wetlands.
1811 5. Minerals and soils.
1812 6. Energy conservation.
1813
1814 The land uses identified on such maps shall be consistent with
1815 applicable state law and rules.
1816 (e) A recreation and open space element indicating a
1817 comprehensive system of public and private sites for recreation,
1818 including, but not limited to, natural reservations, parks and
1819 playgrounds, parkways, beaches and public access to beaches,
1820 open spaces, waterways, and other recreational facilities.
1821 (f)1. A housing element consisting of standards, plans, and
1822 principles, guidelines, standards, and strategies to be followed
1823 in:
1824 a. The provision of housing for all current and anticipated
1825 future residents of the jurisdiction.
1826 b. The elimination of substandard dwelling conditions.
1827 c. The structural and aesthetic improvement of existing
1828 housing.
1829 d. The provision of adequate sites for future housing,
1830 including affordable workforce housing as defined in s.
1831 380.0651(3)(j), housing for low-income, very low-income, and
1832 moderate-income families, mobile homes, and group home
1833 facilities and foster care facilities, with supporting
1834 infrastructure and public facilities.
1835 e. Provision for relocation housing and identification of
1836 historically significant and other housing for purposes of
1837 conservation, rehabilitation, or replacement.
1838 f. The formulation of housing implementation programs.
1839 g. The creation or preservation of affordable housing to
1840 minimize the need for additional local services and avoid the
1841 concentration of affordable housing units only in specific areas
1842 of the jurisdiction.
1843 h. Energy efficiency in the design and construction of new
1844 housing.
1845 i. Use of renewable energy resources.
1846 j. Each county in which the gap between the buying power of
1847 a family of four and the median county home sale price exceeds
1848 $170,000, as determined by the Florida Housing Finance
1849 Corporation, and which is not designated as an area of critical
1850 state concern shall adopt a plan for ensuring affordable
1851 workforce housing. At a minimum, the plan shall identify
1852 adequate sites for such housing. For purposes of this sub
1853 subparagraph, the term “workforce housing” means housing that is
1854 affordable to natural persons or families whose total household
1855 income does not exceed 140 percent of the area median income,
1856 adjusted for household size.
1857 k. As a precondition to receiving any state affordable
1858 housing funding or allocation for any project or program within
1859 the jurisdiction of a county that is subject to sub-subparagraph
1860 j., a county must, by July 1 of each year, provide certification
1861 that the county has complied with the requirements of sub
1862 subparagraph j.
1863 2. The principles, guidelines, standards, and strategies
1864 goals, objectives, and policies of the housing element must be
1865 based on the data and analysis prepared on housing needs,
1866 including an inventory taken from the latest decennial United
1867 States Census or more recent estimates, which shall include the
1868 number and distribution of dwelling units by type, tenure, age,
1869 rent, value, monthly cost of owner-occupied units, and rent or
1870 cost to income ratio, and shall show the number of dwelling
1871 units that are substandard. The inventory shall also include the
1872 methodology used to estimate the condition of housing, a
1873 projection of the anticipated number of households by size,
1874 income range, and age of residents derived from the population
1875 projections, and the minimum housing need of the current and
1876 anticipated future residents of the jurisdiction the affordable
1877 housing needs assessment.
1878 3. The housing element must express principles, guidelines,
1879 standards, and strategies that reflect, as needed, the creation
1880 and preservation of affordable housing for all current and
1881 anticipated future residents of the jurisdiction, elimination of
1882 substandard housing conditions, adequate sites, and distribution
1883 of housing for a range of incomes and types, including mobile
1884 and manufactured homes. The element must provide for specific
1885 programs and actions to partner with private and nonprofit
1886 sectors to address housing needs in the jurisdiction, streamline
1887 the permitting process, and minimize costs and delays for
1888 affordable housing, establish standards to address the quality
1889 of housing, stabilization of neighborhoods, and identification
1890 and improvement of historically significant housing.
1891 4. State and federal housing plans prepared on behalf of
1892 the local government must be consistent with the goals,
1893 objectives, and policies of the housing element. Local
1894 governments are encouraged to use job training, job creation,
1895 and economic solutions to address a portion of their affordable
1896 housing concerns.
1897 2. To assist local governments in housing data collection
1898 and analysis and assure uniform and consistent information
1899 regarding the state’s housing needs, the state land planning
1900 agency shall conduct an affordable housing needs assessment for
1901 all local jurisdictions on a schedule that coordinates the
1902 implementation of the needs assessment with the evaluation and
1903 appraisal reports required by s. 163.3191. Each local government
1904 shall utilize the data and analysis from the needs assessment as
1905 one basis for the housing element of its local comprehensive
1906 plan. The agency shall allow a local government the option to
1907 perform its own needs assessment, if it uses the methodology
1908 established by the agency by rule.
1909 (g)1. For those units of local government identified in s.
1910 380.24, a coastal management element, appropriately related to
1911 the particular requirements of paragraphs (d) and (e) and
1912 meeting the requirements of s. 163.3178(2) and (3). The coastal
1913 management element shall set forth the principles, guidelines,
1914 standards, and strategies policies that shall guide the local
1915 government’s decisions and program implementation with respect
1916 to the following objectives:
1917 1.a. Maintain, restore, and enhance Maintenance,
1918 restoration, and enhancement of the overall quality of the
1919 coastal zone environment, including, but not limited to, its
1920 amenities and aesthetic values.
1921 2.b. Preserve the continued existence of viable populations
1922 of all species of wildlife and marine life.
1923 3.c. Protect the orderly and balanced utilization and
1924 preservation, consistent with sound conservation principles, of
1925 all living and nonliving coastal zone resources.
1926 4.d. Avoid Avoidance of irreversible and irretrievable loss
1927 of coastal zone resources.
1928 5.e. Use ecological planning principles and assumptions to
1929 be used in the determination of the suitability and extent of
1930 permitted development.
1931 f. Proposed management and regulatory techniques.
1932 6.g. Limit Limitation of public expenditures that subsidize
1933 development in high-hazard coastal high-hazard areas.
1934 7.h. Protect Protection of human life against the effects
1935 of natural disasters.
1936 8.i. Direct the orderly development, maintenance, and use
1937 of ports identified in s. 403.021(9) to facilitate deepwater
1938 commercial navigation and other related activities.
1939 9.j. Preserve historic and archaeological resources, which
1940 include the Preservation, including sensitive adaptive use of
1941 these historic and archaeological resources.
1942 2. As part of this element, a local government that has a
1943 coastal management element in its comprehensive plan is
1944 encouraged to adopt recreational surface water use policies that
1945 include applicable criteria for and consider such factors as
1946 natural resources, manatee protection needs, protection of
1947 working waterfronts and public access to the water, and
1948 recreation and economic demands. Criteria for manatee protection
1949 in the recreational surface water use policies should reflect
1950 applicable guidance outlined in the Boat Facility Siting Guide
1951 prepared by the Fish and Wildlife Conservation Commission. If
1952 the local government elects to adopt recreational surface water
1953 use policies by comprehensive plan amendment, such comprehensive
1954 plan amendment is exempt from the provisions of s. 163.3187(1).
1955 Local governments that wish to adopt recreational surface water
1956 use policies may be eligible for assistance with the development
1957 of such policies through the Florida Coastal Management Program.
1958 The Office of Program Policy Analysis and Government
1959 Accountability shall submit a report on the adoption of
1960 recreational surface water use policies under this subparagraph
1961 to the President of the Senate, the Speaker of the House of
1962 Representatives, and the majority and minority leaders of the
1963 Senate and the House of Representatives no later than December
1964 1, 2010.
1965 (h)1. An intergovernmental coordination element showing
1966 relationships and stating principles and guidelines to be used
1967 in coordinating the adopted comprehensive plan with the plans of
1968 school boards, regional water supply authorities, and other
1969 units of local government providing services but not having
1970 regulatory authority over the use of land, with the
1971 comprehensive plans of adjacent municipalities, the county,
1972 adjacent counties, or the region, with the state comprehensive
1973 plan and with the applicable regional water supply plan approved
1974 pursuant to s. 373.709, as the case may require and as such
1975 adopted plans or plans in preparation may exist. This element of
1976 the local comprehensive plan must demonstrate consideration of
1977 the particular effects of the local plan, when adopted, upon the
1978 development of adjacent municipalities, the county, adjacent
1979 counties, or the region, or upon the state comprehensive plan,
1980 as the case may require.
1981 a. The intergovernmental coordination element must provide
1982 procedures for identifying and implementing joint planning
1983 areas, especially for the purpose of annexation, municipal
1984 incorporation, and joint infrastructure service areas.
1985 b. The intergovernmental coordination element must provide
1986 for recognition of campus master plans prepared pursuant to s.
1987 1013.30 and airport master plans under paragraph (k).
1988 b.c. The intergovernmental coordination element shall
1989 provide for a dispute resolution process, as established
1990 pursuant to s. 186.509, for bringing intergovernmental disputes
1991 to closure in a timely manner.
1992 c.d. The intergovernmental coordination element shall
1993 provide for interlocal agreements as established pursuant to s.
1994 333.03(1)(b).
1995 2. The intergovernmental coordination element shall also
1996 state principles and guidelines to be used in coordinating the
1997 adopted comprehensive plan with the plans of school boards and
1998 other units of local government providing facilities and
1999 services but not having regulatory authority over the use of
2000 land. In addition, the intergovernmental coordination element
2001 must describe joint processes for collaborative planning and
2002 decisionmaking on population projections and public school
2003 siting, the location and extension of public facilities subject
2004 to concurrency, and siting facilities with countywide
2005 significance, including locally unwanted land uses whose nature
2006 and identity are established in an agreement.
2007 3. Within 1 year after adopting their intergovernmental
2008 coordination elements, each county, all the municipalities
2009 within that county, the district school board, and any unit of
2010 local government service providers in that county shall
2011 establish by interlocal or other formal agreement executed by
2012 all affected entities, the joint processes described in this
2013 subparagraph consistent with their adopted intergovernmental
2014 coordination elements. The element must:
2015 a. Ensure that the local government addresses through
2016 coordination mechanisms the impacts of development proposed in
2017 the local comprehensive plan upon development in adjacent
2018 municipalities, the county, adjacent counties, the region, and
2019 the state. The area of concern for municipalities shall include
2020 adjacent municipalities, the county, and counties adjacent to
2021 the municipality. The area of concern for counties shall include
2022 all municipalities within the county, adjacent counties, and
2023 adjacent municipalities.
2024 b. Ensure coordination in establishing level of service
2025 standards for public facilities with any state, regional, or
2026 local entity having operational and maintenance responsibility
2027 for such facilities.
2028 3. To foster coordination between special districts and
2029 local general-purpose governments as local general-purpose
2030 governments implement local comprehensive plans, each
2031 independent special district must submit a public facilities
2032 report to the appropriate local government as required by s.
2033 189.415.
2034 4. Local governments shall execute an interlocal agreement
2035 with the district school board, the county, and nonexempt
2036 municipalities pursuant to s. 163.31777. The local government
2037 shall amend the intergovernmental coordination element to ensure
2038 that coordination between the local government and school board
2039 is pursuant to the agreement and shall state the obligations of
2040 the local government under the agreement. Plan amendments that
2041 comply with this subparagraph are exempt from the provisions of
2042 s. 163.3187(1).
2043 5. By January 1, 2004, any county having a population
2044 greater than 100,000, and the municipalities and special
2045 districts within that county, shall submit a report to the
2046 Department of Community Affairs which identifies:
2047 a. All existing or proposed interlocal service delivery
2048 agreements relating to education; sanitary sewer; public safety;
2049 solid waste; drainage; potable water; parks and recreation; and
2050 transportation facilities.
2051 b. Any deficits or duplication in the provision of services
2052 within its jurisdiction, whether capital or operational. Upon
2053 request, the Department of Community Affairs shall provide
2054 technical assistance to the local governments in identifying
2055 deficits or duplication.
2056 6. Within 6 months after submission of the report, the
2057 Department of Community Affairs shall, through the appropriate
2058 regional planning council, coordinate a meeting of all local
2059 governments within the regional planning area to discuss the
2060 reports and potential strategies to remedy any identified
2061 deficiencies or duplications.
2062 7. Each local government shall update its intergovernmental
2063 coordination element based upon the findings in the report
2064 submitted pursuant to subparagraph 5. The report may be used as
2065 supporting data and analysis for the intergovernmental
2066 coordination element.
2067 (i) The optional elements of the comprehensive plan in
2068 paragraphs (7)(a) and (b) are required elements for those
2069 municipalities having populations greater than 50,000, and those
2070 counties having populations greater than 75,000, as determined
2071 under s. 186.901.
2072 (j) For each unit of local government within an urbanized
2073 area designated for purposes of s. 339.175, a transportation
2074 element, which must be prepared and adopted in lieu of the
2075 requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
2076 and (d) and which shall address the following issues:
2077 1. Traffic circulation, including major thoroughfares and
2078 other routes, including bicycle and pedestrian ways.
2079 2. All alternative modes of travel, such as public
2080 transportation, pedestrian, and bicycle travel.
2081 3. Parking facilities.
2082 4. Aviation, rail, seaport facilities, access to those
2083 facilities, and intermodal terminals.
2084 5. The availability of facilities and services to serve
2085 existing land uses and the compatibility between future land use
2086 and transportation elements.
2087 6. The capability to evacuate the coastal population prior
2088 to an impending natural disaster.
2089 7. Airports, projected airport and aviation development,
2090 and land use compatibility around airports, which includes areas
2091 defined in ss. 333.01 and 333.02.
2092 8. An identification of land use densities, building
2093 intensities, and transportation management programs to promote
2094 public transportation systems in designated public
2095 transportation corridors so as to encourage population densities
2096 sufficient to support such systems.
2097 9. May include transportation corridors, as defined in s.
2098 334.03, intended for future transportation facilities designated
2099 pursuant to s. 337.273. If transportation corridors are
2100 designated, the local government may adopt a transportation
2101 corridor management ordinance.
2102 10. The incorporation of transportation strategies to
2103 address reduction in greenhouse gas emissions from the
2104 transportation sector.
2105 (k) An airport master plan, and any subsequent amendments
2106 to the airport master plan, prepared by a licensed publicly
2107 owned and operated airport under s. 333.06 may be incorporated
2108 into the local government comprehensive plan by the local
2109 government having jurisdiction under this act for the area in
2110 which the airport or projected airport development is located by
2111 the adoption of a comprehensive plan amendment. In the amendment
2112 to the local comprehensive plan that integrates the airport
2113 master plan, the comprehensive plan amendment shall address land
2114 use compatibility consistent with chapter 333 regarding airport
2115 zoning; the provision of regional transportation facilities for
2116 the efficient use and operation of the transportation system and
2117 airport; consistency with the local government transportation
2118 circulation element and applicable metropolitan planning
2119 organization long-range transportation plans; and the execution
2120 of any necessary interlocal agreements for the purposes of the
2121 provision of public facilities and services to maintain the
2122 adopted level-of-service standards for facilities subject to
2123 concurrency; and may address airport-related or aviation-related
2124 development. Development or expansion of an airport consistent
2125 with the adopted airport master plan that has been incorporated
2126 into the local comprehensive plan in compliance with this part,
2127 and airport-related or aviation-related development that has
2128 been addressed in the comprehensive plan amendment that
2129 incorporates the airport master plan, shall not be a development
2130 of regional impact. Notwithstanding any other general law, an
2131 airport that has received a development-of-regional-impact
2132 development order pursuant to s. 380.06, but which is no longer
2133 required to undergo development-of-regional-impact review
2134 pursuant to this subsection, may abandon its development-of
2135 regional-impact order upon written notification to the
2136 applicable local government. Upon receipt by the local
2137 government, the development-of-regional-impact development order
2138 is void.
2139 (7) The comprehensive plan may include the following
2140 additional elements, or portions or phases thereof:
2141 (a) As a part of the circulation element of paragraph
2142 (6)(b) or as a separate element, a mass-transit element showing
2143 proposed methods for the moving of people, rights-of-way,
2144 terminals, related facilities, and fiscal considerations for the
2145 accomplishment of the element.
2146 (b) As a part of the circulation element of paragraph
2147 (6)(b) or as a separate element, plans for port, aviation, and
2148 related facilities coordinated with the general circulation and
2149 transportation element.
2150 (c) As a part of the circulation element of paragraph
2151 (6)(b) and in coordination with paragraph (6)(e), where
2152 applicable, a plan element for the circulation of recreational
2153 traffic, including bicycle facilities, exercise trails, riding
2154 facilities, and such other matters as may be related to the
2155 improvement and safety of movement of all types of recreational
2156 traffic.
2157 (d) As a part of the circulation element of paragraph
2158 (6)(b) or as a separate element, a plan element for the
2159 development of offstreet parking facilities for motor vehicles
2160 and the fiscal considerations for the accomplishment of the
2161 element.
2162 (e) A public buildings and related facilities element
2163 showing locations and arrangements of civic and community
2164 centers, public schools, hospitals, libraries, police and fire
2165 stations, and other public buildings. This plan element should
2166 show particularly how it is proposed to effect coordination with
2167 governmental units, such as school boards or hospital
2168 authorities, having public development and service
2169 responsibilities, capabilities, and potential but not having
2170 land development regulatory authority. This element may include
2171 plans for architecture and landscape treatment of their grounds.
2172 (f) A recommended community design element which may
2173 consist of design recommendations for land subdivision,
2174 neighborhood development and redevelopment, design of open space
2175 locations, and similar matters to the end that such
2176 recommendations may be available as aids and guides to
2177 developers in the future planning and development of land in the
2178 area.
2179 (g) A general area redevelopment element consisting of
2180 plans and programs for the redevelopment of slums and blighted
2181 locations in the area and for community redevelopment, including
2182 housing sites, business and industrial sites, public buildings
2183 sites, recreational facilities, and other purposes authorized by
2184 law.
2185 (h) A safety element for the protection of residents and
2186 property of the area from fire, hurricane, or manmade or natural
2187 catastrophe, including such necessary features for protection as
2188 evacuation routes and their control in an emergency, water
2189 supply requirements, minimum road widths, clearances around and
2190 elevations of structures, and similar matters.
2191 (i) An historical and scenic preservation element setting
2192 out plans and programs for those structures or lands in the area
2193 having historical, archaeological, architectural, scenic, or
2194 similar significance.
2195 (j) An economic element setting forth principles and
2196 guidelines for the commercial and industrial development, if
2197 any, and the employment and personnel utilization within the
2198 area. The element may detail the type of commercial and
2199 industrial development sought, correlated to the present and
2200 projected employment needs of the area and to other elements of
2201 the plans, and may set forth methods by which a balanced and
2202 stable economic base will be pursued.
2203 (k) Such other elements as may be peculiar to, and
2204 necessary for, the area concerned and as are added to the
2205 comprehensive plan by the governing body upon the recommendation
2206 of the local planning agency.
2207 (l) Local governments that are not required to prepare
2208 coastal management elements under s. 163.3178 are encouraged to
2209 adopt hazard mitigation/postdisaster redevelopment plans. These
2210 plans should, at a minimum, establish long-term policies
2211 regarding redevelopment, infrastructure, densities,
2212 nonconforming uses, and future land use patterns. Grants to
2213 assist local governments in the preparation of these hazard
2214 mitigation/postdisaster redevelopment plans shall be available
2215 through the Emergency Management Preparedness and Assistance
2216 Account in the Grants and Donations Trust Fund administered by
2217 the department, if such account is created by law. The plans
2218 must be in compliance with the requirements of this act and
2219 chapter 252.
2220 (8) All elements of the comprehensive plan, whether
2221 mandatory or optional, shall be based upon data appropriate to
2222 the element involved. Surveys and studies utilized in the
2223 preparation of the comprehensive plan shall not be deemed a part
2224 of the comprehensive plan unless adopted as a part of it. Copies
2225 of such studies, surveys, and supporting documents shall be made
2226 available to public inspection, and copies of such plans shall
2227 be made available to the public upon payment of reasonable
2228 charges for reproduction.
2229 (9) The state land planning agency shall, by February 15,
2230 1986, adopt by rule minimum criteria for the review and
2231 determination of compliance of the local government
2232 comprehensive plan elements required by this act. Such rules
2233 shall not be subject to rule challenges under s. 120.56(2) or to
2234 drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2235 become effective only after they have been submitted to the
2236 President of the Senate and the Speaker of the House of
2237 Representatives for review by the Legislature no later than 30
2238 days prior to the next regular session of the Legislature. In
2239 its review the Legislature may reject, modify, or take no action
2240 relative to the rules. The agency shall conform the rules to the
2241 changes made by the Legislature, or, if no action was taken, the
2242 agency rules shall become effective. The rule shall include
2243 criteria for determining whether:
2244 (a) Proposed elements are in compliance with the
2245 requirements of part II, as amended by this act.
2246 (b) Other elements of the comprehensive plan are related to
2247 and consistent with each other.
2248 (c) The local government comprehensive plan elements are
2249 consistent with the state comprehensive plan and the appropriate
2250 regional policy plan pursuant to s. 186.508.
2251 (d) Certain bays, estuaries, and harbors that fall under
2252 the jurisdiction of more than one local government are managed
2253 in a consistent and coordinated manner in the case of local
2254 governments required to include a coastal management element in
2255 their comprehensive plans pursuant to paragraph (6)(g).
2256 (e) Proposed elements identify the mechanisms and
2257 procedures for monitoring, evaluating, and appraising
2258 implementation of the plan. Specific measurable objectives are
2259 included to provide a basis for evaluating effectiveness as
2260 required by s. 163.3191.
2261 (f) Proposed elements contain policies to guide future
2262 decisions in a consistent manner.
2263 (g) Proposed elements contain programs and activities to
2264 ensure that comprehensive plans are implemented.
2265 (h) Proposed elements identify the need for and the
2266 processes and procedures to ensure coordination of all
2267 development activities and services with other units of local
2268 government, regional planning agencies, water management
2269 districts, and state and federal agencies as appropriate.
2270
2271 The state land planning agency may adopt procedural rules that
2272 are consistent with this section and chapter 120 for the review
2273 of local government comprehensive plan elements required under
2274 this section. The state land planning agency shall provide model
2275 plans and ordinances and, upon request, other assistance to
2276 local governments in the adoption and implementation of their
2277 revised local government comprehensive plans. The review and
2278 comment provisions applicable prior to October 1, 1985, shall
2279 continue in effect until the criteria for review and
2280 determination are adopted pursuant to this subsection and the
2281 comprehensive plans required by s. 163.3167(2) are due.
2282 (10) The Legislature recognizes the importance and
2283 significance of chapter 9J-5, Florida Administrative Code, the
2284 Minimum Criteria for Review of Local Government Comprehensive
2285 Plans and Determination of Compliance of the Department of
2286 Community Affairs that will be used to determine compliance of
2287 local comprehensive plans. The Legislature reserved unto itself
2288 the right to review chapter 9J-5, Florida Administrative Code,
2289 and to reject, modify, or take no action relative to this rule.
2290 Therefore, pursuant to subsection (9), the Legislature hereby
2291 has reviewed chapter 9J-5, Florida Administrative Code, and
2292 expresses the following legislative intent:
2293 (a) The Legislature finds that in order for the department
2294 to review local comprehensive plans, it is necessary to define
2295 the term “consistency.” Therefore, for the purpose of
2296 determining whether local comprehensive plans are consistent
2297 with the state comprehensive plan and the appropriate regional
2298 policy plan, a local plan shall be consistent with such plans if
2299 the local plan is “compatible with” and “furthers” such plans.
2300 The term “compatible with” means that the local plan is not in
2301 conflict with the state comprehensive plan or appropriate
2302 regional policy plan. The term “furthers” means to take action
2303 in the direction of realizing goals or policies of the state or
2304 regional plan. For the purposes of determining consistency of
2305 the local plan with the state comprehensive plan or the
2306 appropriate regional policy plan, the state or regional plan
2307 shall be construed as a whole and no specific goal and policy
2308 shall be construed or applied in isolation from the other goals
2309 and policies in the plans.
2310 (b) Each local government shall review all the state
2311 comprehensive plan goals and policies and shall address in its
2312 comprehensive plan the goals and policies which are relevant to
2313 the circumstances or conditions in its jurisdiction. The
2314 decision regarding which particular state comprehensive plan
2315 goals and policies will be furthered by the expenditure of a
2316 local government’s financial resources in any given year is a
2317 decision which rests solely within the discretion of the local
2318 government. Intergovernmental coordination, as set forth in
2319 paragraph (6)(h), shall be utilized to the extent required to
2320 carry out the provisions of chapter 9J-5, Florida Administrative
2321 Code.
2322 (c) The Legislature declares that if any portion of chapter
2323 9J-5, Florida Administrative Code, is found to be in conflict
2324 with this part, the appropriate statutory provision shall
2325 prevail.
2326 (d) Chapter 9J-5, Florida Administrative Code, does not
2327 mandate the creation, limitation, or elimination of regulatory
2328 authority, nor does it authorize the adoption or require the
2329 repeal of any rules, criteria, or standards of any local,
2330 regional, or state agency.
2331 (e) It is the Legislature’s intent that support data or
2332 summaries thereof shall not be subject to the compliance review
2333 process, but the Legislature intends that goals and policies be
2334 clearly based on appropriate data. The department may utilize
2335 support data or summaries thereof to aid in its determination of
2336 compliance and consistency. The Legislature intends that the
2337 department may evaluate the application of a methodology
2338 utilized in data collection or whether a particular methodology
2339 is professionally accepted. However, the department shall not
2340 evaluate whether one accepted methodology is better than
2341 another. Chapter 9J-5, Florida Administrative Code, shall not be
2342 construed to require original data collection by local
2343 governments; however, Local governments are not to be
2344 discouraged from utilizing original data so long as
2345 methodologies are professionally accepted.
2346 (f) The Legislature recognizes that under this section,
2347 local governments are charged with setting levels of service for
2348 public facilities in their comprehensive plans in accordance
2349 with which development orders and permits will be issued
2350 pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2351 the authority of state, regional, or local agencies as otherwise
2352 provided by law.
2353 (g) Definitions contained in chapter 9J-5, Florida
2354 Administrative Code, are not intended to modify or amend the
2355 definitions utilized for purposes of other programs or rules or
2356 to establish or limit regulatory authority. Local governments
2357 may establish alternative definitions in local comprehensive
2358 plans, as long as such definitions accomplish the intent of this
2359 chapter, and chapter 9J-5, Florida Administrative Code.
2360 (h) It is the intent of the Legislature that public
2361 facilities and services needed to support development shall be
2362 available concurrent with the impacts of such development in
2363 accordance with s. 163.3180. In meeting this intent, public
2364 facility and service availability shall be deemed sufficient if
2365 the public facilities and services for a development are phased,
2366 or the development is phased, so that the public facilities and
2367 those related services which are deemed necessary by the local
2368 government to operate the facilities necessitated by that
2369 development are available concurrent with the impacts of the
2370 development. The public facilities and services, unless already
2371 available, are to be consistent with the capital improvements
2372 element of the local comprehensive plan as required by paragraph
2373 (3)(a) or guaranteed in an enforceable development agreement.
2374 This shall include development agreements pursuant to this
2375 chapter or in an agreement or a development order issued
2376 pursuant to chapter 380. Nothing herein shall be construed to
2377 require a local government to address services in its capital
2378 improvements plan or to limit a local government’s ability to
2379 address any service in its capital improvements plan that it
2380 deems necessary.
2381 (i) The department shall take into account the factors
2382 delineated in rule 9J-5.002(2), Florida Administrative Code, as
2383 it provides assistance to local governments and applies the rule
2384 in specific situations with regard to the detail of the data and
2385 analysis required.
2386 (j) Chapter 9J-5, Florida Administrative Code, has become
2387 effective pursuant to subsection (9). The Legislature hereby
2388 directs the department to adopt amendments as necessary which
2389 conform chapter 9J-5, Florida Administrative Code, with the
2390 requirements of this legislative intent by October 1, 1986.
2391 (k) In order for local governments to prepare and adopt
2392 comprehensive plans with knowledge of the rules that are applied
2393 to determine consistency of the plans with this part, there
2394 should be no doubt as to the legal standing of chapter 9J-5,
2395 Florida Administrative Code, at the close of the 1986
2396 legislative session. Therefore, the Legislature declares that
2397 changes made to chapter 9J-5 before October 1, 1986, are not
2398 subject to rule challenges under s. 120.56(2), or to drawout
2399 proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2400 Florida Administrative Code, as amended, is subject to rule
2401 challenges under s. 120.56(3), as nothing herein indicates
2402 approval or disapproval of any portion of chapter 9J-5 not
2403 specifically addressed herein. Any amendments to chapter 9J-5,
2404 Florida Administrative Code, exclusive of the amendments adopted
2405 prior to October 1, 1986, pursuant to this act, shall be subject
2406 to the full chapter 120 process. All amendments shall have
2407 effective dates as provided in chapter 120 and submission to the
2408 President of the Senate and Speaker of the House of
2409 Representatives shall not be required.
2410 (l) The state land planning agency shall consider land use
2411 compatibility issues in the vicinity of all airports in
2412 coordination with the Department of Transportation and adjacent
2413 to or in close proximity to all military installations in
2414 coordination with the Department of Defense.
2415 (11)(a) The Legislature recognizes the need for innovative
2416 planning and development strategies which will address the
2417 anticipated demands of continued urbanization of Florida’s
2418 coastal and other environmentally sensitive areas, and which
2419 will accommodate the development of less populated regions of
2420 the state which seek economic development and which have
2421 suitable land and water resources to accommodate growth in an
2422 environmentally acceptable manner. The Legislature further
2423 recognizes the substantial advantages of innovative approaches
2424 to development which may better serve to protect environmentally
2425 sensitive areas, maintain the economic viability of agricultural
2426 and other predominantly rural land uses, and provide for the
2427 cost-efficient delivery of public facilities and services.
2428 (b) It is the intent of the Legislature that the local
2429 government comprehensive plans and plan amendments adopted
2430 pursuant to the provisions of this part provide for a planning
2431 process which allows for land use efficiencies within existing
2432 urban areas and which also allows for the conversion of rural
2433 lands to other uses, where appropriate and consistent with the
2434 other provisions of this part and the affected local
2435 comprehensive plans, through the application of innovative and
2436 flexible planning and development strategies and creative land
2437 use planning techniques, which may include, but not be limited
2438 to, urban villages, new towns, satellite communities, area-based
2439 allocations, clustering and open space provisions, mixed-use
2440 development, and sector planning.
2441 (c) It is the further intent of the Legislature that local
2442 government comprehensive plans and implementing land development
2443 regulations shall provide strategies which maximize the use of
2444 existing facilities and services through redevelopment, urban
2445 infill development, and other strategies for urban
2446 revitalization.
2447 (d)1. The department, in cooperation with the Department of
2448 Agriculture and Consumer Services, the Department of
2449 Environmental Protection, water management districts, and
2450 regional planning councils, shall provide assistance to local
2451 governments in the implementation of this paragraph and rule 9J
2452 5.006(5)(l), Florida Administrative Code. Implementation of
2453 those provisions shall include a process by which the department
2454 may authorize local governments to designate all or portions of
2455 lands classified in the future land use element as predominantly
2456 agricultural, rural, open, open-rural, or a substantively
2457 equivalent land use, as a rural land stewardship area within
2458 which planning and economic incentives are applied to encourage
2459 the implementation of innovative and flexible planning and
2460 development strategies and creative land use planning
2461 techniques, including those contained herein and in rule 9J
2462 5.006(5)(l), Florida Administrative Code. Assistance may
2463 include, but is not limited to:
2464 a. Assistance from the Department of Environmental
2465 Protection and water management districts in creating the
2466 geographic information systems land cover database and aerial
2467 photogrammetry needed to prepare for a rural land stewardship
2468 area;
2469 b. Support for local government implementation of rural
2470 land stewardship concepts by providing information and
2471 assistance to local governments regarding land acquisition
2472 programs that may be used by the local government or landowners
2473 to leverage the protection of greater acreage and maximize the
2474 effectiveness of rural land stewardship areas; and
2475 c. Expansion of the role of the Department of Community
2476 Affairs as a resource agency to facilitate establishment of
2477 rural land stewardship areas in smaller rural counties that do
2478 not have the staff or planning budgets to create a rural land
2479 stewardship area.
2480 2. The department shall encourage participation by local
2481 governments of different sizes and rural characteristics in
2482 establishing and implementing rural land stewardship areas. It
2483 is the intent of the Legislature that rural land stewardship
2484 areas be used to further the following broad principles of rural
2485 sustainability: restoration and maintenance of the economic
2486 value of rural land; control of urban sprawl; identification and
2487 protection of ecosystems, habitats, and natural resources;
2488 promotion of rural economic activity; maintenance of the
2489 viability of Florida’s agricultural economy; and protection of
2490 the character of rural areas of Florida. Rural land stewardship
2491 areas may be multicounty in order to encourage coordinated
2492 regional stewardship planning.
2493 3. A local government, in conjunction with a regional
2494 planning council, a stakeholder organization of private land
2495 owners, or another local government, shall notify the department
2496 in writing of its intent to designate a rural land stewardship
2497 area. The written notification shall describe the basis for the
2498 designation, including the extent to which the rural land
2499 stewardship area enhances rural land values, controls urban
2500 sprawl, provides necessary open space for agriculture and
2501 protection of the natural environment, promotes rural economic
2502 activity, and maintains rural character and the economic
2503 viability of agriculture.
2504 4. A rural land stewardship area shall be not less than
2505 10,000 acres and shall be located outside of municipalities and
2506 established urban growth boundaries, and shall be designated by
2507 plan amendment. The plan amendment designating a rural land
2508 stewardship area shall be subject to review by the Department of
2509 Community Affairs pursuant to s. 163.3184 and shall provide for
2510 the following:
2511 a. Criteria for the designation of receiving areas within
2512 rural land stewardship areas in which innovative planning and
2513 development strategies may be applied. Criteria shall at a
2514 minimum provide for the following: adequacy of suitable land to
2515 accommodate development so as to avoid conflict with
2516 environmentally sensitive areas, resources, and habitats;
2517 compatibility between and transition from higher density uses to
2518 lower intensity rural uses; the establishment of receiving area
2519 service boundaries which provide for a separation between
2520 receiving areas and other land uses within the rural land
2521 stewardship area through limitations on the extension of
2522 services; and connection of receiving areas with the rest of the
2523 rural land stewardship area using rural design and rural road
2524 corridors.
2525 b. Goals, objectives, and policies setting forth the
2526 innovative planning and development strategies to be applied
2527 within rural land stewardship areas pursuant to the provisions
2528 of this section.
2529 c. A process for the implementation of innovative planning
2530 and development strategies within the rural land stewardship
2531 area, including those described in this subsection and rule 9J
2532 5.006(5)(l), Florida Administrative Code, which provide for a
2533 functional mix of land uses, including adequate available
2534 workforce housing, including low, very-low and moderate income
2535 housing for the development anticipated in the receiving area
2536 and which are applied through the adoption by the local
2537 government of zoning and land development regulations applicable
2538 to the rural land stewardship area.
2539 d. A process which encourages visioning pursuant to s.
2540 163.3167(11) to ensure that innovative planning and development
2541 strategies comply with the provisions of this section.
2542 e. The control of sprawl through the use of innovative
2543 strategies and creative land use techniques consistent with the
2544 provisions of this subsection and rule 9J-5.006(5)(l), Florida
2545 Administrative Code.
2546 5. A receiving area shall be designated by the adoption of
2547 a land development regulation. Prior to the designation of a
2548 receiving area, the local government shall provide the
2549 Department of Community Affairs a period of 30 days in which to
2550 review a proposed receiving area for consistency with the rural
2551 land stewardship area plan amendment and to provide comments to
2552 the local government. At the time of designation of a
2553 stewardship receiving area, a listed species survey will be
2554 performed. If listed species occur on the receiving area site,
2555 the developer shall coordinate with each appropriate local,
2556 state, or federal agency to determine if adequate provisions
2557 have been made to protect those species in accordance with
2558 applicable regulations. In determining the adequacy of
2559 provisions for the protection of listed species and their
2560 habitats, the rural land stewardship area shall be considered as
2561 a whole, and the impacts to areas to be developed as receiving
2562 areas shall be considered together with the environmental
2563 benefits of areas protected as sending areas in fulfilling this
2564 criteria.
2565 6. Upon the adoption of a plan amendment creating a rural
2566 land stewardship area, the local government shall, by ordinance,
2567 establish the methodology for the creation, conveyance, and use
2568 of transferable rural land use credits, otherwise referred to as
2569 stewardship credits, the application of which shall not
2570 constitute a right to develop land, nor increase density of
2571 land, except as provided by this section. The total amount of
2572 transferable rural land use credits within the rural land
2573 stewardship area must enable the realization of the long-term
2574 vision and goals for the 25-year or greater projected population
2575 of the rural land stewardship area, which may take into
2576 consideration the anticipated effect of the proposed receiving
2577 areas. Transferable rural land use credits are subject to the
2578 following limitations:
2579 a. Transferable rural land use credits may only exist
2580 within a rural land stewardship area.
2581 b. Transferable rural land use credits may only be used on
2582 lands designated as receiving areas and then solely for the
2583 purpose of implementing innovative planning and development
2584 strategies and creative land use planning techniques adopted by
2585 the local government pursuant to this section.
2586 c. Transferable rural land use credits assigned to a parcel
2587 of land within a rural land stewardship area shall cease to
2588 exist if the parcel of land is removed from the rural land
2589 stewardship area by plan amendment.
2590 d. Neither the creation of the rural land stewardship area
2591 by plan amendment nor the assignment of transferable rural land
2592 use credits by the local government shall operate to displace
2593 the underlying density of land uses assigned to a parcel of land
2594 within the rural land stewardship area; however, if transferable
2595 rural land use credits are transferred from a parcel for use
2596 within a designated receiving area, the underlying density
2597 assigned to the parcel of land shall cease to exist.
2598 e. The underlying density on each parcel of land located
2599 within a rural land stewardship area shall not be increased or
2600 decreased by the local government, except as a result of the
2601 conveyance or use of transferable rural land use credits, as
2602 long as the parcel remains within the rural land stewardship
2603 area.
2604 f. Transferable rural land use credits shall cease to exist
2605 on a parcel of land where the underlying density assigned to the
2606 parcel of land is utilized.
2607 g. An increase in the density of use on a parcel of land
2608 located within a designated receiving area may occur only
2609 through the assignment or use of transferable rural land use
2610 credits and shall not require a plan amendment.
2611 h. A change in the density of land use on parcels located
2612 within receiving areas shall be specified in a development order
2613 which reflects the total number of transferable rural land use
2614 credits assigned to the parcel of land and the infrastructure
2615 and support services necessary to provide for a functional mix
2616 of land uses corresponding to the plan of development.
2617 i. Land within a rural land stewardship area may be removed
2618 from the rural land stewardship area through a plan amendment.
2619 j. Transferable rural land use credits may be assigned at
2620 different ratios of credits per acre according to the natural
2621 resource or other beneficial use characteristics of the land and
2622 according to the land use remaining following the transfer of
2623 credits, with the highest number of credits per acre assigned to
2624 the most environmentally valuable land or, in locations where
2625 the retention of open space and agricultural land is a priority,
2626 to such lands.
2627 k. The use or conveyance of transferable rural land use
2628 credits must be recorded in the public records of the county in
2629 which the property is located as a covenant or restrictive
2630 easement running with the land in favor of the county and either
2631 the Department of Environmental Protection, Department of
2632 Agriculture and Consumer Services, a water management district,
2633 or a recognized statewide land trust.
2634 7. Owners of land within rural land stewardship areas
2635 should be provided incentives to enter into rural land
2636 stewardship agreements, pursuant to existing law and rules
2637 adopted thereto, with state agencies, water management
2638 districts, and local governments to achieve mutually agreed upon
2639 conservation objectives. Such incentives may include, but not be
2640 limited to, the following:
2641 a. Opportunity to accumulate transferable mitigation
2642 credits.
2643 b. Extended permit agreements.
2644 c. Opportunities for recreational leases and ecotourism.
2645 d. Payment for specified land management services on
2646 publicly owned land, or property under covenant or restricted
2647 easement in favor of a public entity.
2648 e. Option agreements for sale to public entities or private
2649 land conservation entities, in either fee or easement, upon
2650 achievement of conservation objectives.
2651 8. The department shall report to the Legislature on an
2652 annual basis on the results of implementation of rural land
2653 stewardship areas authorized by the department, including
2654 successes and failures in achieving the intent of the
2655 Legislature as expressed in this paragraph.
2656 (e) The Legislature finds that mixed-use, high-density
2657 development is appropriate for urban infill and redevelopment
2658 areas. Mixed-use projects accommodate a variety of uses,
2659 including residential and commercial, and usually at higher
2660 densities that promote pedestrian-friendly, sustainable
2661 communities. The Legislature recognizes that mixed-use, high
2662 density development improves the quality of life for residents
2663 and businesses in urban areas. The Legislature finds that mixed
2664 use, high-density redevelopment and infill benefits residents by
2665 creating a livable community with alternative modes of
2666 transportation. Furthermore, the Legislature finds that local
2667 zoning ordinances often discourage mixed-use, high-density
2668 development in areas that are appropriate for urban infill and
2669 redevelopment. The Legislature intends to discourage single-use
2670 zoning in urban areas which often leads to lower-density, land
2671 intensive development outside an urban service area. Therefore,
2672 the Department of Community Affairs shall provide technical
2673 assistance to local governments in order to encourage mixed-use,
2674 high-density urban infill and redevelopment projects.
2675 (f) The Legislature finds that a program for the transfer
2676 of development rights is a useful tool to preserve historic
2677 buildings and create public open spaces in urban areas. A
2678 program for the transfer of development rights allows the
2679 transfer of density credits from historic properties and public
2680 open spaces to areas designated for high-density development.
2681 The Legislature recognizes that high-density development is
2682 integral to the success of many urban infill and redevelopment
2683 projects. The Legislature intends to encourage high-density
2684 urban infill and redevelopment while preserving historic
2685 structures and open spaces. Therefore, the Department of
2686 Community Affairs shall provide technical assistance to local
2687 governments in order to promote the transfer of development
2688 rights within urban areas for high-density infill and
2689 redevelopment projects.
2690 (g) The implementation of this subsection shall be subject
2691 to the provisions of this chapter, chapters 186 and 187, and
2692 applicable agency rules.
2693 (h) The department may adopt rules necessary to implement
2694 the provisions of this subsection.
2695 (12) A public school facilities element adopted to
2696 implement a school concurrency program shall meet the
2697 requirements of this subsection. Each county and each
2698 municipality within the county, unless exempt or subject to a
2699 waiver, must adopt a public school facilities element that is
2700 consistent with those adopted by the other local governments
2701 within the county and enter the interlocal agreement pursuant to
2702 s. 163.31777.
2703 (a) The state land planning agency may provide a waiver to
2704 a county and to the municipalities within the county if the
2705 capacity rate for all schools within the school district is no
2706 greater than 100 percent and the projected 5-year capital outlay
2707 full-time equivalent student growth rate is less than 10
2708 percent. The state land planning agency may allow for a
2709 projected 5-year capital outlay full-time equivalent student
2710 growth rate to exceed 10 percent when the projected 10-year
2711 capital outlay full-time equivalent student enrollment is less
2712 than 2,000 students and the capacity rate for all schools within
2713 the school district in the tenth year will not exceed the 100
2714 percent limitation. The state land planning agency may allow for
2715 a single school to exceed the 100-percent limitation if it can
2716 be demonstrated that the capacity rate for that single school is
2717 not greater than 105 percent. In making this determination, the
2718 state land planning agency shall consider the following
2719 criteria:
2720 1. Whether the exceedance is due to temporary
2721 circumstances;
2722 2. Whether the projected 5-year capital outlay full time
2723 equivalent student growth rate for the school district is
2724 approaching the 10-percent threshold;
2725 3. Whether one or more additional schools within the school
2726 district are at or approaching the 100-percent threshold; and
2727 4. The adequacy of the data and analysis submitted to
2728 support the waiver request.
2729 (b) A municipality in a nonexempt county is exempt if the
2730 municipality meets all of the following criteria for having no
2731 significant impact on school attendance:
2732 1. The municipality has issued development orders for fewer
2733 than 50 residential dwelling units during the preceding 5 years,
2734 or the municipality has generated fewer than 25 additional
2735 public school students during the preceding 5 years.
2736 2. The municipality has not annexed new land during the
2737 preceding 5 years in land use categories that permit residential
2738 uses that will affect school attendance rates.
2739 3. The municipality has no public schools located within
2740 its boundaries.
2741 (c) A public school facilities element shall be based upon
2742 data and analyses that address, among other items, how level-of
2743 service standards will be achieved and maintained. Such data and
2744 analyses must include, at a minimum, such items as: the
2745 interlocal agreement adopted pursuant to s. 163.31777 and the 5
2746 year school district facilities work program adopted pursuant to
2747 s. 1013.35; the educational plant survey prepared pursuant to s.
2748 1013.31 and an existing educational and ancillary plant map or
2749 map series; information on existing development and development
2750 anticipated for the next 5 years and the long-term planning
2751 period; an analysis of problems and opportunities for existing
2752 schools and schools anticipated in the future; an analysis of
2753 opportunities to collocate future schools with other public
2754 facilities such as parks, libraries, and community centers; an
2755 analysis of the need for supporting public facilities for
2756 existing and future schools; an analysis of opportunities to
2757 locate schools to serve as community focal points; projected
2758 future population and associated demographics, including
2759 development patterns year by year for the upcoming 5-year and
2760 long-term planning periods; and anticipated educational and
2761 ancillary plants with land area requirements.
2762 (d) The element shall contain one or more goals which
2763 establish the long-term end toward which public school programs
2764 and activities are ultimately directed.
2765 (e) The element shall contain one or more objectives for
2766 each goal, setting specific, measurable, intermediate ends that
2767 are achievable and mark progress toward the goal.
2768 (f) The element shall contain one or more policies for each
2769 objective which establish the way in which programs and
2770 activities will be conducted to achieve an identified goal.
2771 (g) The objectives and policies shall address items such
2772 as:
2773 1. The procedure for an annual update process;
2774 2. The procedure for school site selection;
2775 3. The procedure for school permitting;
2776 4. Provision for infrastructure necessary to support
2777 proposed schools, including potable water, wastewater, drainage,
2778 solid waste, transportation, and means by which to assure safe
2779 access to schools, including sidewalks, bicycle paths, turn
2780 lanes, and signalization;
2781 5. Provision for colocation of other public facilities,
2782 such as parks, libraries, and community centers, in proximity to
2783 public schools;
2784 6. Provision for location of schools proximate to
2785 residential areas and to complement patterns of development,
2786 including the location of future school sites so they serve as
2787 community focal points;
2788 7. Measures to ensure compatibility of school sites and
2789 surrounding land uses;
2790 8. Coordination with adjacent local governments and the
2791 school district on emergency preparedness issues, including the
2792 use of public schools to serve as emergency shelters; and
2793 9. Coordination with the future land use element.
2794 (h) The element shall include one or more future conditions
2795 maps which depict the anticipated location of educational and
2796 ancillary plants, including the general location of improvements
2797 to existing schools or new schools anticipated over the 5-year
2798 or long-term planning period. The maps will of necessity be
2799 general for the long-term planning period and more specific for
2800 the 5-year period. Maps indicating general locations of future
2801 schools or school improvements may not prescribe a land use on a
2802 particular parcel of land.
2803 (i) The state land planning agency shall establish a phased
2804 schedule for adoption of the public school facilities element
2805 and the required updates to the public schools interlocal
2806 agreement pursuant to s. 163.31777. The schedule shall provide
2807 for each county and local government within the county to adopt
2808 the element and update to the agreement no later than December
2809 1, 2008. Plan amendments to adopt a public school facilities
2810 element are exempt from the provisions of s. 163.3187(1).
2811 (j) The state land planning agency may issue a notice to
2812 the school board and the local government to show cause why
2813 sanctions should not be enforced for failure to enter into an
2814 approved interlocal agreement as required by s. 163.31777 or for
2815 failure to implement provisions relating to public school
2816 concurrency. If the state land planning agency finds that
2817 insufficient cause exists for the school board’s or local
2818 government’s failure to enter into an approved interlocal
2819 agreement as required by s. 163.31777 or for the school board’s
2820 or local government’s failure to implement the provisions
2821 relating to public school concurrency, the state land planning
2822 agency shall submit its finding to the Administration Commission
2823 which may impose on the local government any of the sanctions
2824 set forth in s. 163.3184(11)(a) and (b) and may impose on the
2825 district school board any of the sanctions set forth in s.
2826 1008.32(4).
2827 (13) Local governments are encouraged to develop a
2828 community vision that provides for sustainable growth,
2829 recognizes its fiscal constraints, and protects its natural
2830 resources. At the request of a local government, the applicable
2831 regional planning council shall provide assistance in the
2832 development of a community vision.
2833 (a) As part of the process of developing a community vision
2834 under this section, the local government must hold two public
2835 meetings with at least one of those meetings before the local
2836 planning agency. Before those public meetings, the local
2837 government must hold at least one public workshop with
2838 stakeholder groups such as neighborhood associations, community
2839 organizations, businesses, private property owners, housing and
2840 development interests, and environmental organizations.
2841 (b) The local government must, at a minimum, discuss five
2842 of the following topics as part of the workshops and public
2843 meetings required under paragraph (a):
2844 1. Future growth in the area using population forecasts
2845 from the Bureau of Economic and Business Research;
2846 2. Priorities for economic development;
2847 3. Preservation of open space, environmentally sensitive
2848 lands, and agricultural lands;
2849 4. Appropriate areas and standards for mixed-use
2850 development;
2851 5. Appropriate areas and standards for high-density
2852 commercial and residential development;
2853 6. Appropriate areas and standards for economic development
2854 opportunities and employment centers;
2855 7. Provisions for adequate workforce housing;
2856 8. An efficient, interconnected multimodal transportation
2857 system; and
2858 9. Opportunities to create land use patterns that
2859 accommodate the issues listed in subparagraphs 1.-8.
2860 (c) As part of the workshops and public meetings, the local
2861 government must discuss strategies for addressing the topics
2862 discussed under paragraph (b), including:
2863 1. Strategies to preserve open space and environmentally
2864 sensitive lands, and to encourage a healthy agricultural
2865 economy, including innovative planning and development
2866 strategies, such as the transfer of development rights;
2867 2. Incentives for mixed-use development, including
2868 increased height and intensity standards for buildings that
2869 provide residential use in combination with office or commercial
2870 space;
2871 3. Incentives for workforce housing;
2872 4. Designation of an urban service boundary pursuant to
2873 subsection (2); and
2874 5. Strategies to provide mobility within the community and
2875 to protect the Strategic Intermodal System, including the
2876 development of a transportation corridor management plan under
2877 s. 337.273.
2878 (d) The community vision must reflect the community’s
2879 shared concept for growth and development of the community,
2880 including visual representations depicting the desired land use
2881 patterns and character of the community during a 10-year
2882 planning timeframe. The community vision must also take into
2883 consideration economic viability of the vision and private
2884 property interests.
2885 (e) After the workshops and public meetings required under
2886 paragraph (a) are held, the local government may amend its
2887 comprehensive plan to include the community vision as a
2888 component in the plan. This plan amendment must be transmitted
2889 and adopted pursuant to the procedures in ss. 163.3184 and
2890 163.3189 at public hearings of the governing body other than
2891 those identified in paragraph (a).
2892 (f) Amendments submitted under this subsection are exempt
2893 from the limitation on the frequency of plan amendments in s.
2894 163.3187.
2895 (g) A local government that has developed a community
2896 vision or completed a visioning process after July 1, 2000, and
2897 before July 1, 2005, which substantially accomplishes the goals
2898 set forth in this subsection and the appropriate goals,
2899 policies, or objectives have been adopted as part of the
2900 comprehensive plan or reflected in subsequently adopted land
2901 development regulations and the plan amendment incorporating the
2902 community vision as a component has been found in compliance is
2903 eligible for the incentives in s. 163.3184(17).
2904 (14) Local governments are also encouraged to designate an
2905 urban service boundary. This area must be appropriate for
2906 compact, contiguous urban development within a 10-year planning
2907 timeframe. The urban service area boundary must be identified on
2908 the future land use map or map series. The local government
2909 shall demonstrate that the land included within the urban
2910 service boundary is served or is planned to be served with
2911 adequate public facilities and services based on the local
2912 government’s adopted level-of-service standards by adopting a
2913 10-year facilities plan in the capital improvements element
2914 which is financially feasible. The local government shall
2915 demonstrate that the amount of land within the urban service
2916 boundary does not exceed the amount of land needed to
2917 accommodate the projected population growth at densities
2918 consistent with the adopted comprehensive plan within the 10
2919 year planning timeframe.
2920 (a) As part of the process of establishing an urban service
2921 boundary, the local government must hold two public meetings
2922 with at least one of those meetings before the local planning
2923 agency. Before those public meetings, the local government must
2924 hold at least one public workshop with stakeholder groups such
2925 as neighborhood associations, community organizations,
2926 businesses, private property owners, housing and development
2927 interests, and environmental organizations.
2928 (b)1. After the workshops and public meetings required
2929 under paragraph (a) are held, the local government may amend its
2930 comprehensive plan to include the urban service boundary. This
2931 plan amendment must be transmitted and adopted pursuant to the
2932 procedures in ss. 163.3184 and 163.3189 at meetings of the
2933 governing body other than those required under paragraph (a).
2934 2. This subsection does not prohibit new development
2935 outside an urban service boundary. However, a local government
2936 that establishes an urban service boundary under this subsection
2937 is encouraged to require a full-cost-accounting analysis for any
2938 new development outside the boundary and to consider the results
2939 of that analysis when adopting a plan amendment for property
2940 outside the established urban service boundary.
2941 (c) Amendments submitted under this subsection are exempt
2942 from the limitation on the frequency of plan amendments in s.
2943 163.3187.
2944 (d) A local government that has adopted an urban service
2945 boundary before July 1, 2005, which substantially accomplishes
2946 the goals set forth in this subsection is not required to comply
2947 with paragraph (a) or subparagraph 1. of paragraph (b) in order
2948 to be eligible for the incentives under s. 163.3184(17). In
2949 order to satisfy the provisions of this paragraph, the local
2950 government must secure a determination from the state land
2951 planning agency that the urban service boundary adopted before
2952 July 1, 2005, substantially complies with the criteria of this
2953 subsection, based on data and analysis submitted by the local
2954 government to support this determination. The determination by
2955 the state land planning agency is not subject to administrative
2956 challenge.
2957 (7)(15)(a) The Legislature finds that:
2958 1. There are a number of rural agricultural industrial
2959 centers in the state that process, produce, or aid in the
2960 production or distribution of a variety of agriculturally based
2961 products, including, but not limited to, fruits, vegetables,
2962 timber, and other crops, and juices, paper, and building
2963 materials. Rural agricultural industrial centers have a
2964 significant amount of existing associated infrastructure that is
2965 used for processing, producing, or distributing agricultural
2966 products.
2967 2. Such rural agricultural industrial centers are often
2968 located within or near communities in which the economy is
2969 largely dependent upon agriculture and agriculturally based
2970 products. The centers significantly enhance the economy of such
2971 communities. However, these agriculturally based communities are
2972 often socioeconomically challenged and designated as rural areas
2973 of critical economic concern. If such rural agricultural
2974 industrial centers are lost and not replaced with other job
2975 creating enterprises, the agriculturally based communities will
2976 lose a substantial amount of their economies.
2977 3. The state has a compelling interest in preserving the
2978 viability of agriculture and protecting rural agricultural
2979 communities and the state from the economic upheaval that would
2980 result from short-term or long-term adverse changes in the
2981 agricultural economy. To protect these communities and promote
2982 viable agriculture for the long term, it is essential to
2983 encourage and permit diversification of existing rural
2984 agricultural industrial centers by providing for jobs that are
2985 not solely dependent upon, but are compatible with and
2986 complement, existing agricultural industrial operations and to
2987 encourage the creation and expansion of industries that use
2988 agricultural products in innovative ways. However, the expansion
2989 and diversification of these existing centers must be
2990 accomplished in a manner that does not promote urban sprawl into
2991 surrounding agricultural and rural areas.
2992 (b) As used in this subsection, the term “rural
2993 agricultural industrial center” means a developed parcel of land
2994 in an unincorporated area on which there exists an operating
2995 agricultural industrial facility or facilities that employ at
2996 least 200 full-time employees in the aggregate and process and
2997 prepare for transport a farm product, as defined in s. 163.3162,
2998 or any biomass material that could be used, directly or
2999 indirectly, for the production of fuel, renewable energy,
3000 bioenergy, or alternative fuel as defined by law. The center may
3001 also include land contiguous to the facility site which is not
3002 used for the cultivation of crops, but on which other existing
3003 activities essential to the operation of such facility or
3004 facilities are located or conducted. The parcel of land must be
3005 located within, or within 10 miles of, a rural area of critical
3006 economic concern.
3007 (c)1. A landowner whose land is located within a rural
3008 agricultural industrial center may apply for an amendment to the
3009 local government comprehensive plan for the purpose of
3010 designating and expanding the existing agricultural industrial
3011 uses of facilities located within the center or expanding the
3012 existing center to include industrial uses or facilities that
3013 are not dependent upon but are compatible with agriculture and
3014 the existing uses and facilities. A local government
3015 comprehensive plan amendment under this paragraph must:
3016 a. Not increase the physical area of the existing rural
3017 agricultural industrial center by more than 50 percent or 320
3018 acres, whichever is greater.
3019 b. Propose a project that would, upon completion, create at
3020 least 50 new full-time jobs.
3021 c. Demonstrate that sufficient infrastructure capacity
3022 exists or will be provided to support the expanded center at the
3023 level-of-service standards adopted in the local government
3024 comprehensive plan.
3025 d. Contain goals, objectives, and policies that will ensure
3026 that any adverse environmental impacts of the expanded center
3027 will be adequately addressed and mitigation implemented or
3028 demonstrate that the local government comprehensive plan
3029 contains such provisions.
3030 2. Within 6 months after receiving an application as
3031 provided in this paragraph, the local government shall transmit
3032 the application to the state land planning agency for review
3033 pursuant to this chapter together with any needed amendments to
3034 the applicable sections of its comprehensive plan to include
3035 goals, objectives, and policies that provide for the expansion
3036 of rural agricultural industrial centers and discourage urban
3037 sprawl in the surrounding areas. Such goals, objectives, and
3038 policies must promote and be consistent with the findings in
3039 this subsection. An amendment that meets the requirements of
3040 this subsection is presumed not to be urban sprawl as defined in
3041 s. 163.3164 consistent with rule 9J-5.006(5), Florida
3042 Administrative Code. This presumption may be rebutted by a
3043 preponderance of the evidence.
3044 (d) This subsection does not apply to a an optional sector
3045 plan adopted pursuant to s. 163.3245, a rural land stewardship
3046 area designated pursuant to s. 163.3248 subsection (11), or any
3047 comprehensive plan amendment that includes an inland port
3048 terminal or affiliated port development.
3049 (e) Nothing in this subsection shall be construed to confer
3050 the status of rural area of critical economic concern, or any of
3051 the rights or benefits derived from such status, on any land
3052 area not otherwise designated as such pursuant to s.
3053 288.0656(7).
3054 Section 13. Section 163.31777, Florida Statutes, is amended
3055 to read:
3056 163.31777 Public schools interlocal agreement.—
3057 (1)(a) The county and municipalities located within the
3058 geographic area of a school district shall enter into an
3059 interlocal agreement with the district school board which
3060 jointly establishes the specific ways in which the plans and
3061 processes of the district school board and the local governments
3062 are to be coordinated. The interlocal agreements shall be
3063 submitted to the state land planning agency and the Office of
3064 Educational Facilities in accordance with a schedule published
3065 by the state land planning agency.
3066 (b) The schedule must establish staggered due dates for
3067 submission of interlocal agreements that are executed by both
3068 the local government and the district school board, commencing
3069 on March 1, 2003, and concluding by December 1, 2004, and must
3070 set the same date for all governmental entities within a school
3071 district. However, if the county where the school district is
3072 located contains more than 20 municipalities, the state land
3073 planning agency may establish staggered due dates for the
3074 submission of interlocal agreements by these municipalities. The
3075 schedule must begin with those areas where both the number of
3076 districtwide capital-outlay full-time-equivalent students equals
3077 80 percent or more of the current year’s school capacity and the
3078 projected 5-year student growth is 1,000 or greater, or where
3079 the projected 5-year student growth rate is 10 percent or
3080 greater.
3081 (c) If the student population has declined over the 5-year
3082 period preceding the due date for submittal of an interlocal
3083 agreement by the local government and the district school board,
3084 the local government and the district school board may petition
3085 the state land planning agency for a waiver of one or more
3086 requirements of subsection (2). The waiver must be granted if
3087 the procedures called for in subsection (2) are unnecessary
3088 because of the school district’s declining school age
3089 population, considering the district’s 5-year facilities work
3090 program prepared pursuant to s. 1013.35. The state land planning
3091 agency may modify or revoke the waiver upon a finding that the
3092 conditions upon which the waiver was granted no longer exist.
3093 The district school board and local governments must submit an
3094 interlocal agreement within 1 year after notification by the
3095 state land planning agency that the conditions for a waiver no
3096 longer exist.
3097 (d) Interlocal agreements between local governments and
3098 district school boards adopted pursuant to s. 163.3177 before
3099 the effective date of this section must be updated and executed
3100 pursuant to the requirements of this section, if necessary.
3101 Amendments to interlocal agreements adopted pursuant to this
3102 section must be submitted to the state land planning agency
3103 within 30 days after execution by the parties for review
3104 consistent with this section. Local governments and the district
3105 school board in each school district are encouraged to adopt a
3106 single interlocal agreement to which all join as parties. The
3107 state land planning agency shall assemble and make available
3108 model interlocal agreements meeting the requirements of this
3109 section and notify local governments and, jointly with the
3110 Department of Education, the district school boards of the
3111 requirements of this section, the dates for compliance, and the
3112 sanctions for noncompliance. The state land planning agency
3113 shall be available to informally review proposed interlocal
3114 agreements. If the state land planning agency has not received a
3115 proposed interlocal agreement for informal review, the state
3116 land planning agency shall, at least 60 days before the deadline
3117 for submission of the executed agreement, renotify the local
3118 government and the district school board of the upcoming
3119 deadline and the potential for sanctions.
3120 (2) At a minimum, the interlocal agreement must address
3121 interlocal-agreement requirements in s. 163.3180(13)(g), except
3122 for exempt local governments as provided in s. 163.3177(12), and
3123 must address the following issues:
3124 (a) A process by which each local government and the
3125 district school board agree and base their plans on consistent
3126 projections of the amount, type, and distribution of population
3127 growth and student enrollment. The geographic distribution of
3128 jurisdiction-wide growth forecasts is a major objective of the
3129 process.
3130 (b) A process to coordinate and share information relating
3131 to existing and planned public school facilities, including
3132 school renovations and closures, and local government plans for
3133 development and redevelopment.
3134 (c) Participation by affected local governments with the
3135 district school board in the process of evaluating potential
3136 school closures, significant renovations to existing schools,
3137 and new school site selection before land acquisition. Local
3138 governments shall advise the district school board as to the
3139 consistency of the proposed closure, renovation, or new site
3140 with the local comprehensive plan, including appropriate
3141 circumstances and criteria under which a district school board
3142 may request an amendment to the comprehensive plan for school
3143 siting.
3144 (d) A process for determining the need for and timing of
3145 onsite and offsite improvements to support new, proposed
3146 expansion, or redevelopment of existing schools. The process
3147 must address identification of the party or parties responsible
3148 for the improvements.
3149 (e) A process for the school board to inform the local
3150 government regarding the effect of comprehensive plan amendments
3151 on school capacity. The capacity reporting must be consistent
3152 with laws and rules relating to measurement of school facility
3153 capacity and must also identify how the district school board
3154 will meet the public school demand based on the facilities work
3155 program adopted pursuant to s. 1013.35.
3156 (f) Participation of the local governments in the
3157 preparation of the annual update to the district school board’s
3158 5-year district facilities work program and educational plant
3159 survey prepared pursuant to s. 1013.35.
3160 (g) A process for determining where and how joint use of
3161 either school board or local government facilities can be shared
3162 for mutual benefit and efficiency.
3163 (h) A procedure for the resolution of disputes between the
3164 district school board and local governments, which may include
3165 the dispute resolution processes contained in chapters 164 and
3166 186.
3167 (i) An oversight process, including an opportunity for
3168 public participation, for the implementation of the interlocal
3169 agreement.
3170 (3)(a) The Office of Educational Facilities shall submit
3171 any comments or concerns regarding the executed interlocal
3172 agreement to the state land planning agency within 30 days after
3173 receipt of the executed interlocal agreement. The state land
3174 planning agency shall review the executed interlocal agreement
3175 to determine whether it is consistent with the requirements of
3176 subsection (2), the adopted local government comprehensive plan,
3177 and other requirements of law. Within 60 days after receipt of
3178 an executed interlocal agreement, the state land planning agency
3179 shall publish a notice of intent in the Florida Administrative
3180 Weekly and shall post a copy of the notice on the agency’s
3181 Internet site. The notice of intent must state whether the
3182 interlocal agreement is consistent or inconsistent with the
3183 requirements of subsection (2) and this subsection, as
3184 appropriate.
3185 (b) The state land planning agency’s notice is subject to
3186 challenge under chapter 120; however, an affected person, as
3187 defined in s. 163.3184(1)(a), has standing to initiate the
3188 administrative proceeding, and this proceeding is the sole means
3189 available to challenge the consistency of an interlocal
3190 agreement required by this section with the criteria contained
3191 in subsection (2) and this subsection. In order to have
3192 standing, each person must have submitted oral or written
3193 comments, recommendations, or objections to the local government
3194 or the school board before the adoption of the interlocal
3195 agreement by the school board and local government. The district
3196 school board and local governments are parties to any such
3197 proceeding. In this proceeding, when the state land planning
3198 agency finds the interlocal agreement to be consistent with the
3199 criteria in subsection (2) and this subsection, the interlocal
3200 agreement shall be determined to be consistent with subsection
3201 (2) and this subsection if the local government’s and school
3202 board’s determination of consistency is fairly debatable. When
3203 the state planning agency finds the interlocal agreement to be
3204 inconsistent with the requirements of subsection (2) and this
3205 subsection, the local government’s and school board’s
3206 determination of consistency shall be sustained unless it is
3207 shown by a preponderance of the evidence that the interlocal
3208 agreement is inconsistent.
3209 (c) If the state land planning agency enters a final order
3210 that finds that the interlocal agreement is inconsistent with
3211 the requirements of subsection (2) or this subsection, it shall
3212 forward it to the Administration Commission, which may impose
3213 sanctions against the local government pursuant to s.
3214 163.3184(11) and may impose sanctions against the district
3215 school board by directing the Department of Education to
3216 withhold from the district school board an equivalent amount of
3217 funds for school construction available pursuant to ss. 1013.65,
3218 1013.68, 1013.70, and 1013.72.
3219 (4) If an executed interlocal agreement is not timely
3220 submitted to the state land planning agency for review, the
3221 state land planning agency shall, within 15 working days after
3222 the deadline for submittal, issue to the local government and
3223 the district school board a Notice to Show Cause why sanctions
3224 should not be imposed for failure to submit an executed
3225 interlocal agreement by the deadline established by the agency.
3226 The agency shall forward the notice and the responses to the
3227 Administration Commission, which may enter a final order citing
3228 the failure to comply and imposing sanctions against the local
3229 government and district school board by directing the
3230 appropriate agencies to withhold at least 5 percent of state
3231 funds pursuant to s. 163.3184(11) and by directing the
3232 Department of Education to withhold from the district school
3233 board at least 5 percent of funds for school construction
3234 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
3235 1013.72.
3236 (5) Any local government transmitting a public school
3237 element to implement school concurrency pursuant to the
3238 requirements of s. 163.3180 before the effective date of this
3239 section is not required to amend the element or any interlocal
3240 agreement to conform with the provisions of this section if the
3241 element is adopted prior to or within 1 year after the effective
3242 date of this section and remains in effect until the county
3243 conducts its evaluation and appraisal report and identifies
3244 changes necessary to more fully conform to the provisions of
3245 this section.
3246 (6) Except as provided in subsection (7), municipalities
3247 meeting the exemption criteria in s. 163.3177(12) are exempt
3248 from the requirements of subsections (1), (2), and (3).
3249 (7) At the time of the evaluation and appraisal report,
3250 each exempt municipality shall assess the extent to which it
3251 continues to meet the criteria for exemption under s.
3252 163.3177(12). If the municipality continues to meet these
3253 criteria, the municipality shall continue to be exempt from the
3254 interlocal-agreement requirement. Each municipality exempt under
3255 s. 163.3177(12) must comply with the provisions of this section
3256 within 1 year after the district school board proposes, in its
3257 5-year district facilities work program, a new school within the
3258 municipality’s jurisdiction.
3259 Section 14. Subsection (9) of section 163.3178, Florida
3260 Statutes, is amended to read:
3261 163.3178 Coastal management.—
3262 (9)(a) Local governments may elect to comply with rule 9J
3263 5.012(3)(b)6. and 7., Florida Administrative Code, through the
3264 process provided in this section. A proposed comprehensive plan
3265 amendment shall be found in compliance with state coastal high
3266 hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3267 Florida Administrative Code, if:
3268 1. The adopted level of service for out-of-county hurricane
3269 evacuation is maintained for a category 5 storm event as
3270 measured on the Saffir-Simpson scale;
3271 2. A 12-hour evacuation time to shelter is maintained for a
3272 category 5 storm event as measured on the Saffir-Simpson scale
3273 and shelter space reasonably expected to accommodate the
3274 residents of the development contemplated by a proposed
3275 comprehensive plan amendment is available; or
3276 3. Appropriate mitigation is provided that will satisfy the
3277 provisions of subparagraph 1. or subparagraph 2. Appropriate
3278 mitigation shall include, without limitation, payment of money,
3279 contribution of land, and construction of hurricane shelters and
3280 transportation facilities. Required mitigation shall not exceed
3281 the amount required for a developer to accommodate impacts
3282 reasonably attributable to development. A local government and a
3283 developer shall enter into a binding agreement to memorialize
3284 the mitigation plan.
3285 (b) For those local governments that have not established a
3286 level of service for out-of-county hurricane evacuation by July
3287 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,
3288 Florida Administrative Code, by following the process in
3289 paragraph (a), the level of service shall be no greater than 16
3290 hours for a category 5 storm event as measured on the Saffir
3291 Simpson scale.
3292 (c) This subsection shall become effective immediately and
3293 shall apply to all local governments. No later than July 1,
3294 2008, local governments shall amend their future land use map
3295 and coastal management element to include the new definition of
3296 coastal high-hazard area and to depict the coastal high-hazard
3297 area on the future land use map.
3298 Section 15. Section 163.3180, Florida Statutes, is amended
3299 to read:
3300 163.3180 Concurrency.—
3301 (1)(a) Sanitary sewer, solid waste, drainage, and potable
3302 water, parks and recreation, schools, and transportation
3303 facilities, including mass transit, where applicable, are the
3304 only public facilities and services subject to the concurrency
3305 requirement on a statewide basis. Additional public facilities
3306 and services may not be made subject to concurrency on a
3307 statewide basis without appropriate study and approval by the
3308 Legislature; however, any local government may extend the
3309 concurrency requirement so that it applies to additional public
3310 facilities within its jurisdiction. If concurrency is applied to
3311 other public facilities, the local government comprehensive plan
3312 must provide the principles, guidelines, standards, and
3313 strategies, including adopted levels of service, to guide its
3314 application. In order for a local government to rescind any
3315 optional concurrency provisions, a comprehensive plan amendment
3316 is required. An amendment rescinding optional concurrency issues
3317 is not subject to state review. The local government
3318 comprehensive plan must demonstrate, for required or optional
3319 concurrency requirements, that the levels of service adopted can
3320 be reasonably met. Infrastructure needed to ensure that adopted
3321 level-of-service standards are achieved and maintained for the
3322 5-year period of the capital improvement schedule must be
3323 identified pursuant to the requirements of s. 163.3177(3).
3324 (b) Local governments shall use professionally accepted
3325 techniques for measuring level of service for automobiles,
3326 bicycles, pedestrians, transit, and trucks. These techniques may
3327 be used to evaluate increased accessibility by multiple modes
3328 and reductions in vehicle miles of travel in an area or zone.
3329 The Department of Transportation shall develop methodologies to
3330 assist local governments in implementing this multimodal level
3331 of-service analysis. The Department of Community Affairs and the
3332 Department of Transportation shall provide technical assistance
3333 to local governments in applying these methodologies.
3334 (2)(a) Consistent with public health and safety, sanitary
3335 sewer, solid waste, drainage, adequate water supplies, and
3336 potable water facilities shall be in place and available to
3337 serve new development no later than the issuance by the local
3338 government of a certificate of occupancy or its functional
3339 equivalent. Prior to approval of a building permit or its
3340 functional equivalent, the local government shall consult with
3341 the applicable water supplier to determine whether adequate
3342 water supplies to serve the new development will be available no
3343 later than the anticipated date of issuance by the local
3344 government of a certificate of occupancy or its functional
3345 equivalent. A local government may meet the concurrency
3346 requirement for sanitary sewer through the use of onsite sewage
3347 treatment and disposal systems approved by the Department of
3348 Health to serve new development.
3349 (b) Consistent with the public welfare, and except as
3350 otherwise provided in this section, parks and recreation
3351 facilities to serve new development shall be in place or under
3352 actual construction no later than 1 year after issuance by the
3353 local government of a certificate of occupancy or its functional
3354 equivalent. However, the acreage for such facilities shall be
3355 dedicated or be acquired by the local government prior to
3356 issuance by the local government of a certificate of occupancy
3357 or its functional equivalent, or funds in the amount of the
3358 developer’s fair share shall be committed no later than the
3359 local government’s approval to commence construction.
3360 (c) Consistent with the public welfare, and except as
3361 otherwise provided in this section, transportation facilities
3362 needed to serve new development shall be in place or under
3363 actual construction within 3 years after the local government
3364 approves a building permit or its functional equivalent that
3365 results in traffic generation.
3366 (3) Governmental entities that are not responsible for
3367 providing, financing, operating, or regulating public facilities
3368 needed to serve development may not establish binding level-of
3369 service standards on governmental entities that do bear those
3370 responsibilities. This subsection does not limit the authority
3371 of any agency to recommend or make objections, recommendations,
3372 comments, or determinations during reviews conducted under s.
3373 163.3184.
3374 (4)(a) The concurrency requirement as implemented in local
3375 comprehensive plans applies to state and other public facilities
3376 and development to the same extent that it applies to all other
3377 facilities and development, as provided by law.
3378 (b) The concurrency requirement as implemented in local
3379 comprehensive plans does not apply to public transit facilities.
3380 For the purposes of this paragraph, public transit facilities
3381 include transit stations and terminals; transit station parking;
3382 park-and-ride lots; intermodal public transit connection or
3383 transfer facilities; fixed bus, guideway, and rail stations; and
3384 airport passenger terminals and concourses, air cargo
3385 facilities, and hangars for the assembly, manufacture,
3386 maintenance, or storage of aircraft. As used in this paragraph,
3387 the terms “terminals” and “transit facilities” do not include
3388 seaports or commercial or residential development constructed in
3389 conjunction with a public transit facility.
3390 (c) The concurrency requirement, except as it relates to
3391 transportation facilities and public schools, as implemented in
3392 local government comprehensive plans, may be waived by a local
3393 government for urban infill and redevelopment areas designated
3394 pursuant to s. 163.2517 if such a waiver does not endanger
3395 public health or safety as defined by the local government in
3396 its local government comprehensive plan. The waiver shall be
3397 adopted as a plan amendment pursuant to the process set forth in
3398 s. 163.3187(3)(a). A local government may grant a concurrency
3399 exception pursuant to subsection (5) for transportation
3400 facilities located within these urban infill and redevelopment
3401 areas.
3402 (5)(a) If concurrency is applied to transportation
3403 facilities, the local government comprehensive plan must provide
3404 the principles, guidelines, standards, and strategies, including
3405 adopted levels of service to guide its application.
3406 (b) Local governments shall use professionally accepted
3407 studies to determine appropriate levels of service, which shall
3408 be based on a schedule of facilities that will be necessary to
3409 meet level-of-service demands reflected in the capital
3410 improvement element.
3411 (c) Local governments shall use professionally accepted
3412 techniques for measuring levels of service when evaluating
3413 potential impacts of a proposed development.
3414 (d) The premise of concurrency is that the public
3415 facilities will be provided in order to achieve and maintain the
3416 adopted level-of-service standard. A comprehensive plan that
3417 imposes transportation concurrency shall contain appropriate
3418 amendments to the capital improvements element of the
3419 comprehensive plan, consistent with the requirements of s.
3420 163.3177(3). The capital improvements element shall identify
3421 facilities necessary to meet adopted levels of service during a
3422 5-year period.
3423 (e) If a local government applies transportation
3424 concurrency in its jurisdiction, it is encouraged to develop
3425 policy guidelines and techniques to address potential negative
3426 impacts on future development:
3427 1. In urban infill and redevelopment and urban service
3428 areas.
3429 2. With special part-time demands on the transportation
3430 system.
3431 3. With de minimis impacts.
3432 4. On community desired types of development, such as
3433 redevelopment or job-creation projects.
3434 (f) Local governments are encouraged to develop tools and
3435 techniques to complement the application of transportation
3436 concurrency such as:
3437 1. Adoption of long-term strategies to facilitate
3438 development patterns that support multimodal solutions,
3439 including urban design and appropriate land use mixes, including
3440 intensity and density.
3441 2. Adoption of an areawide level of service not dependent
3442 on any single road segment function.
3443 3. Exempting or discounting impacts of locally desired
3444 development, such as development in urban areas, redevelopment,
3445 job creation, and mixed use on the transportation system.
3446 4. Assigning secondary priority to vehicle mobility and
3447 primary priority to ensuring a safe, comfortable, and attractive
3448 pedestrian environment, with convenient interconnection to
3449 transit.
3450 5. Establishing multimodal level-of-service standards that
3451 rely primarily on nonvehicular modes of transportation where
3452 existing or planned community design will provide adequate level
3453 of mobility.
3454 6. Reducing impact fees or local access fees to promote
3455 development within urban areas, multimodal transportation
3456 districts, and a balance of mixed use development in certain
3457 areas or districts, or for affordable or workforce housing.
3458 (g) Local governments are encouraged to coordinate with
3459 adjacent local governments for the purpose of using common
3460 methodologies for measuring impacts on transportation
3461 facilities.
3462 (h) Local governments that implement transportation
3463 concurrency must:
3464 1. Consult with the Department of Transportation when
3465 proposed plan amendments affect facilities on the strategic
3466 intermodal system.
3467 2. Exempt public transit facilities from concurrency. For
3468 the purposes of this subparagraph, public transit facilities
3469 include transit stations and terminals; transit station parking;
3470 park-and-ride lots; intermodal public transit connection or
3471 transfer facilities; fixed bus, guideway, and rail stations; and
3472 airport passenger terminals and concourses, air cargo
3473 facilities, and hangars for the assembly, manufacture,
3474 maintenance, or storage of aircraft. As used in this
3475 subparagraph, the terms “terminals” and “transit facilities” do
3476 not include seaports or commercial or residential development
3477 constructed in conjunction with a public transit facility.
3478 3. Allow an applicant for a development of regional impact
3479 development order, a rezoning, or other land use development
3480 permit to satisfy the transportation concurrency requirements of
3481 the local comprehensive plan, the local government’s concurrency
3482 management system, and s. 380.06, when applicable, if:
3483 a. The applicant enters into a binding agreement to pay for
3484 or construct its proportionate share of required improvements.
3485 b. The proportionate-share contribution or construction is
3486 sufficient to accomplish one or more mobility improvements that
3487 will benefit a regionally significant transportation facility.
3488 c. The local government has provided a means by which the
3489 landowner will be assessed a proportionate share of the cost of
3490 providing the transportation facilities necessary to serve the
3491 proposed development.
3492
3493 When an applicant contributes or constructs its
3494 proportionate share, pursuant to this subparagraph, a local
3495 government may not require payment or construction of
3496 transportation facilities whose costs would be greater than a
3497 development’s proportionate share of the improvements necessary
3498 to mitigate the development’s impacts. The proportionate-share
3499 contribution shall be calculated based upon the number of trips
3500 from the proposed development expected to reach roadways during
3501 the peak hour from the stage or phase being approved, divided by
3502 the change in the peak hour maximum service volume of roadways
3503 resulting from construction of an improvement necessary to
3504 maintain or achieve the adopted level of service, multiplied by
3505 the construction cost, at the time of developer payment, of the
3506 improvement necessary to maintain or achieve the adopted level
3507 of service. In using the proportionate-share formula provided in
3508 this paragraph, the applicant, in its traffic analysis, shall
3509 establish those roads or facilities that have a transportation
3510 deficiency in accordance with the transportation deficiency
3511 definition provided in paragraph (b). The proportionate share
3512 formula provided in this paragraph shall be applied only to
3513 those transportation facilities that are determined to be
3514 significantly and adversely impacted by the project traffic
3515 under review. If any road is determined to be transportation
3516 deficient without the project traffic under review, the costs of
3517 that said deficiency shall be removed from the project’s
3518 proportionate share calculation. The identified improvement to
3519 correct the said transportation deficiency is the funding
3520 responsibility of the entity that maintenance responsibility for
3521 the facility. If additional improvements, beyond those
3522 improvements necessary to correct the existing or projected
3523 deficiency, would be needed for an identified deficient
3524 facility, the necessary transportation improvements to correct
3525 the said deficiency shall be considered to be in place for
3526 purposes of the proportionate share calculation. The
3527 development’s proportionate share shall be calculated only for
3528 the needed transportation improvements that are greater than the
3529 identified deficiency. In projecting the number of trips to be
3530 generated by the development under review, any trips assigned to
3531 a toll-financed facility shall be eliminated from the analysis.
3532 (a) The Legislature finds that under limited circumstances,
3533 countervailing planning and public policy goals may come into
3534 conflict with the requirement that adequate public
3535 transportation facilities and services be available concurrent
3536 with the impacts of such development. The Legislature further
3537 finds that the unintended result of the concurrency requirement
3538 for transportation facilities is often the discouragement of
3539 urban infill development and redevelopment. Such unintended
3540 results directly conflict with the goals and policies of the
3541 state comprehensive plan and the intent of this part. The
3542 Legislature also finds that in urban centers transportation
3543 cannot be effectively managed and mobility cannot be improved
3544 solely through the expansion of roadway capacity, that the
3545 expansion of roadway capacity is not always physically or
3546 financially possible, and that a range of transportation
3547 alternatives is essential to satisfy mobility needs, reduce
3548 congestion, and achieve healthy, vibrant centers.
3549 (b)1. The following are transportation concurrency
3550 exception areas:
3551 a. A municipality that qualifies as a dense urban land area
3552 under s. 163.3164;
3553 b. An urban service area under s. 163.3164 that has been
3554 adopted into the local comprehensive plan and is located within
3555 a county that qualifies as a dense urban land area under s.
3556 163.3164; and
3557 c. A county, including the municipalities located therein,
3558 which has a population of at least 900,000 and qualifies as a
3559 dense urban land area under s. 163.3164, but does not have an
3560 urban service area designated in the local comprehensive plan.
3561 2. A municipality that does not qualify as a dense urban
3562 land area pursuant to s. 163.3164 may designate in its local
3563 comprehensive plan the following areas as transportation
3564 concurrency exception areas:
3565 a. Urban infill as defined in s. 163.3164;
3566 b. Community redevelopment areas as defined in s. 163.340;
3567 c. Downtown revitalization areas as defined in s. 163.3164;
3568 d. Urban infill and redevelopment under s. 163.2517; or
3569 e. Urban service areas as defined in s. 163.3164 or areas
3570 within a designated urban service boundary under s.
3571 163.3177(14).
3572 3. A county that does not qualify as a dense urban land
3573 area pursuant to s. 163.3164 may designate in its local
3574 comprehensive plan the following areas as transportation
3575 concurrency exception areas:
3576 a. Urban infill as defined in s. 163.3164;
3577 b. Urban infill and redevelopment under s. 163.2517; or
3578 c. Urban service areas as defined in s. 163.3164.
3579 4. A local government that has a transportation concurrency
3580 exception area designated pursuant to subparagraph 1.,
3581 subparagraph 2., or subparagraph 3. shall, within 2 years after
3582 the designated area becomes exempt, adopt into its local
3583 comprehensive plan land use and transportation strategies to
3584 support and fund mobility within the exception area, including
3585 alternative modes of transportation. Local governments are
3586 encouraged to adopt complementary land use and transportation
3587 strategies that reflect the region’s shared vision for its
3588 future. If the state land planning agency finds insufficient
3589 cause for the failure to adopt into its comprehensive plan land
3590 use and transportation strategies to support and fund mobility
3591 within the designated exception area after 2 years, it shall
3592 submit the finding to the Administration Commission, which may
3593 impose any of the sanctions set forth in s. 163.3184(11)(a) and
3594 (b) against the local government.
3595 5. Transportation concurrency exception areas designated
3596 pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3597 do not apply to designated transportation concurrency districts
3598 located within a county that has a population of at least 1.5
3599 million, has implemented and uses a transportation-related
3600 concurrency assessment to support alternative modes of
3601 transportation, including, but not limited to, mass transit, and
3602 does not levy transportation impact fees within the concurrency
3603 district.
3604 6. Transportation concurrency exception areas designated
3605 under subparagraph 1., subparagraph 2., or subparagraph 3. do
3606 not apply in any county that has exempted more than 40 percent
3607 of the area inside the urban service area from transportation
3608 concurrency for the purpose of urban infill.
3609 7. A local government that does not have a transportation
3610 concurrency exception area designated pursuant to subparagraph
3611 1., subparagraph 2., or subparagraph 3. may grant an exception
3612 from the concurrency requirement for transportation facilities
3613 if the proposed development is otherwise consistent with the
3614 adopted local government comprehensive plan and is a project
3615 that promotes public transportation or is located within an area
3616 designated in the comprehensive plan for:
3617 a. Urban infill development;
3618 b. Urban redevelopment;
3619 c. Downtown revitalization;
3620 d. Urban infill and redevelopment under s. 163.2517; or
3621 e. An urban service area specifically designated as a
3622 transportation concurrency exception area which includes lands
3623 appropriate for compact, contiguous urban development, which
3624 does not exceed the amount of land needed to accommodate the
3625 projected population growth at densities consistent with the
3626 adopted comprehensive plan within the 10-year planning period,
3627 and which is served or is planned to be served with public
3628 facilities and services as provided by the capital improvements
3629 element.
3630 (c) The Legislature also finds that developments located
3631 within urban infill, urban redevelopment, urban service, or
3632 downtown revitalization areas or areas designated as urban
3633 infill and redevelopment areas under s. 163.2517, which pose
3634 only special part-time demands on the transportation system, are
3635 exempt from the concurrency requirement for transportation
3636 facilities. A special part-time demand is one that does not have
3637 more than 200 scheduled events during any calendar year and does
3638 not affect the 100 highest traffic volume hours.
3639 (d) Except for transportation concurrency exception areas
3640 designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3641 or subparagraph (b)3., the following requirements apply:
3642 1. The local government shall both adopt into the
3643 comprehensive plan and implement long-term strategies to support
3644 and fund mobility within the designated exception area,
3645 including alternative modes of transportation. The plan
3646 amendment must also demonstrate how strategies will support the
3647 purpose of the exception and how mobility within the designated
3648 exception area will be provided.
3649 2. The strategies must address urban design; appropriate
3650 land use mixes, including intensity and density; and network
3651 connectivity plans needed to promote urban infill,
3652 redevelopment, or downtown revitalization. The comprehensive
3653 plan amendment designating the concurrency exception area must
3654 be accompanied by data and analysis supporting the local
3655 government’s determination of the boundaries of the
3656 transportation concurrency exception area.
3657 (e) Before designating a concurrency exception area
3658 pursuant to subparagraph (b)7., the state land planning agency
3659 and the Department of Transportation shall be consulted by the
3660 local government to assess the impact that the proposed
3661 exception area is expected to have on the adopted level-of
3662 service standards established for regional transportation
3663 facilities identified pursuant to s. 186.507, including the
3664 Strategic Intermodal System and roadway facilities funded in
3665 accordance with s. 339.2819. Further, the local government shall
3666 provide a plan for the mitigation of impacts to the Strategic
3667 Intermodal System, including, if appropriate, access management,
3668 parallel reliever roads, transportation demand management, and
3669 other measures.
3670 (f) The designation of a transportation concurrency
3671 exception area does not limit a local government’s home rule
3672 power to adopt ordinances or impose fees. This subsection does
3673 not affect any contract or agreement entered into or development
3674 order rendered before the creation of the transportation
3675 concurrency exception area except as provided in s.
3676 380.06(29)(e).
3677 (g) The Office of Program Policy Analysis and Government
3678 Accountability shall submit to the President of the Senate and
3679 the Speaker of the House of Representatives by February 1, 2015,
3680 a report on transportation concurrency exception areas created
3681 pursuant to this subsection. At a minimum, the report shall
3682 address the methods that local governments have used to
3683 implement and fund transportation strategies to achieve the
3684 purposes of designated transportation concurrency exception
3685 areas, and the effects of the strategies on mobility,
3686 congestion, urban design, the density and intensity of land use
3687 mixes, and network connectivity plans used to promote urban
3688 infill, redevelopment, or downtown revitalization.
3689 (6) The Legislature finds that a de minimis impact is
3690 consistent with this part. A de minimis impact is an impact that
3691 would not affect more than 1 percent of the maximum volume at
3692 the adopted level of service of the affected transportation
3693 facility as determined by the local government. No impact will
3694 be de minimis if the sum of existing roadway volumes and the
3695 projected volumes from approved projects on a transportation
3696 facility would exceed 110 percent of the maximum volume at the
3697 adopted level of service of the affected transportation
3698 facility; provided however, that an impact of a single family
3699 home on an existing lot will constitute a de minimis impact on
3700 all roadways regardless of the level of the deficiency of the
3701 roadway. Further, no impact will be de minimis if it would
3702 exceed the adopted level-of-service standard of any affected
3703 designated hurricane evacuation routes. Each local government
3704 shall maintain sufficient records to ensure that the 110-percent
3705 criterion is not exceeded. Each local government shall submit
3706 annually, with its updated capital improvements element, a
3707 summary of the de minimis records. If the state land planning
3708 agency determines that the 110-percent criterion has been
3709 exceeded, the state land planning agency shall notify the local
3710 government of the exceedance and that no further de minimis
3711 exceptions for the applicable roadway may be granted until such
3712 time as the volume is reduced below the 110 percent. The local
3713 government shall provide proof of this reduction to the state
3714 land planning agency before issuing further de minimis
3715 exceptions.
3716 (7) In order to promote infill development and
3717 redevelopment, one or more transportation concurrency management
3718 areas may be designated in a local government comprehensive
3719 plan. A transportation concurrency management area must be a
3720 compact geographic area with an existing network of roads where
3721 multiple, viable alternative travel paths or modes are available
3722 for common trips. A local government may establish an areawide
3723 level-of-service standard for such a transportation concurrency
3724 management area based upon an analysis that provides for a
3725 justification for the areawide level of service, how urban
3726 infill development or redevelopment will be promoted, and how
3727 mobility will be accomplished within the transportation
3728 concurrency management area. Prior to the designation of a
3729 concurrency management area, the Department of Transportation
3730 shall be consulted by the local government to assess the impact
3731 that the proposed concurrency management area is expected to
3732 have on the adopted level-of-service standards established for
3733 Strategic Intermodal System facilities, as defined in s. 339.64,
3734 and roadway facilities funded in accordance with s. 339.2819.
3735 Further, the local government shall, in cooperation with the
3736 Department of Transportation, develop a plan to mitigate any
3737 impacts to the Strategic Intermodal System, including, if
3738 appropriate, the development of a long-term concurrency
3739 management system pursuant to subsection (9) and s.
3740 163.3177(3)(d). Transportation concurrency management areas
3741 existing prior to July 1, 2005, shall meet, at a minimum, the
3742 provisions of this section by July 1, 2006, or at the time of
3743 the comprehensive plan update pursuant to the evaluation and
3744 appraisal report, whichever occurs last. The state land planning
3745 agency shall amend chapter 9J-5, Florida Administrative Code, to
3746 be consistent with this subsection.
3747 (8) When assessing the transportation impacts of proposed
3748 urban redevelopment within an established existing urban service
3749 area, 110 percent of the actual transportation impact caused by
3750 the previously existing development must be reserved for the
3751 redevelopment, even if the previously existing development has a
3752 lesser or nonexisting impact pursuant to the calculations of the
3753 local government. Redevelopment requiring less than 110 percent
3754 of the previously existing capacity shall not be prohibited due
3755 to the reduction of transportation levels of service below the
3756 adopted standards. This does not preclude the appropriate
3757 assessment of fees or accounting for the impacts within the
3758 concurrency management system and capital improvements program
3759 of the affected local government. This paragraph does not affect
3760 local government requirements for appropriate development
3761 permits.
3762 (9)(a) Each local government may adopt as a part of its
3763 plan, long-term transportation and school concurrency management
3764 systems with a planning period of up to 10 years for specially
3765 designated districts or areas where significant backlogs exist.
3766 The plan may include interim level-of-service standards on
3767 certain facilities and shall rely on the local government’s
3768 schedule of capital improvements for up to 10 years as a basis
3769 for issuing development orders that authorize commencement of
3770 construction in these designated districts or areas. The
3771 concurrency management system must be designed to correct
3772 existing deficiencies and set priorities for addressing
3773 backlogged facilities. The concurrency management system must be
3774 financially feasible and consistent with other portions of the
3775 adopted local plan, including the future land use map.
3776 (b) If a local government has a transportation or school
3777 facility backlog for existing development which cannot be
3778 adequately addressed in a 10-year plan, the state land planning
3779 agency may allow it to develop a plan and long-term schedule of
3780 capital improvements covering up to 15 years for good and
3781 sufficient cause, based on a general comparison between that
3782 local government and all other similarly situated local
3783 jurisdictions, using the following factors:
3784 1. The extent of the backlog.
3785 2. For roads, whether the backlog is on local or state
3786 roads.
3787 3. The cost of eliminating the backlog.
3788 4. The local government’s tax and other revenue-raising
3789 efforts.
3790 (c) The local government may issue approvals to commence
3791 construction notwithstanding this section, consistent with and
3792 in areas that are subject to a long-term concurrency management
3793 system.
3794 (d) If the local government adopts a long-term concurrency
3795 management system, it must evaluate the system periodically. At
3796 a minimum, the local government must assess its progress toward
3797 improving levels of service within the long-term concurrency
3798 management district or area in the evaluation and appraisal
3799 report and determine any changes that are necessary to
3800 accelerate progress in meeting acceptable levels of service.
3801 (10) Except in transportation concurrency exception areas,
3802 with regard to roadway facilities on the Strategic Intermodal
3803 System designated in accordance with s. 339.63, local
3804 governments shall adopt the level-of-service standard
3805 established by the Department of Transportation by rule.
3806 However, if the Office of Tourism, Trade, and Economic
3807 Development concurs in writing with the local government that
3808 the proposed development is for a qualified job creation project
3809 under s. 288.0656 or s. 403.973, the affected local government,
3810 after consulting with the Department of Transportation, may
3811 provide for a waiver of transportation concurrency for the
3812 project. For all other roads on the State Highway System, local
3813 governments shall establish an adequate level-of-service
3814 standard that need not be consistent with any level-of-service
3815 standard established by the Department of Transportation. In
3816 establishing adequate level-of-service standards for any
3817 arterial roads, or collector roads as appropriate, which
3818 traverse multiple jurisdictions, local governments shall
3819 consider compatibility with the roadway facility’s adopted
3820 level-of-service standards in adjacent jurisdictions. Each local
3821 government within a county shall use a professionally accepted
3822 methodology for measuring impacts on transportation facilities
3823 for the purposes of implementing its concurrency management
3824 system. Counties are encouraged to coordinate with adjacent
3825 counties, and local governments within a county are encouraged
3826 to coordinate, for the purpose of using common methodologies for
3827 measuring impacts on transportation facilities for the purpose
3828 of implementing their concurrency management systems.
3829 (11) In order to limit the liability of local governments,
3830 a local government may allow a landowner to proceed with
3831 development of a specific parcel of land notwithstanding a
3832 failure of the development to satisfy transportation
3833 concurrency, when all the following factors are shown to exist:
3834 (a) The local government with jurisdiction over the
3835 property has adopted a local comprehensive plan that is in
3836 compliance.
3837 (b) The proposed development would be consistent with the
3838 future land use designation for the specific property and with
3839 pertinent portions of the adopted local plan, as determined by
3840 the local government.
3841 (c) The local plan includes a financially feasible capital
3842 improvements element that provides for transportation facilities
3843 adequate to serve the proposed development, and the local
3844 government has not implemented that element.
3845 (d) The local government has provided a means by which the
3846 landowner will be assessed a fair share of the cost of providing
3847 the transportation facilities necessary to serve the proposed
3848 development.
3849 (e) The landowner has made a binding commitment to the
3850 local government to pay the fair share of the cost of providing
3851 the transportation facilities to serve the proposed development.
3852 (12)(a) A development of regional impact may satisfy the
3853 transportation concurrency requirements of the local
3854 comprehensive plan, the local government’s concurrency
3855 management system, and s. 380.06 by payment of a proportionate
3856 share contribution for local and regionally significant traffic
3857 impacts, if:
3858 1. The development of regional impact which, based on its
3859 location or mix of land uses, is designed to encourage
3860 pedestrian or other nonautomotive modes of transportation;
3861 2. The proportionate-share contribution for local and
3862 regionally significant traffic impacts is sufficient to pay for
3863 one or more required mobility improvements that will benefit a
3864 regionally significant transportation facility;
3865 3. The owner and developer of the development of regional
3866 impact pays or assures payment of the proportionate-share
3867 contribution; and
3868 4. If the regionally significant transportation facility to
3869 be constructed or improved is under the maintenance authority of
3870 a governmental entity, as defined by s. 334.03(12), other than
3871 the local government with jurisdiction over the development of
3872 regional impact, the developer is required to enter into a
3873 binding and legally enforceable commitment to transfer funds to
3874 the governmental entity having maintenance authority or to
3875 otherwise assure construction or improvement of the facility.
3876
3877 The proportionate-share contribution may be applied to any
3878 transportation facility to satisfy the provisions of this
3879 subsection and the local comprehensive plan, but, for the
3880 purposes of this subsection, the amount of the proportionate
3881 share contribution shall be calculated based upon the cumulative
3882 number of trips from the proposed development expected to reach
3883 roadways during the peak hour from the complete buildout of a
3884 stage or phase being approved, divided by the change in the peak
3885 hour maximum service volume of roadways resulting from
3886 construction of an improvement necessary to maintain the adopted
3887 level of service, multiplied by the construction cost, at the
3888 time of developer payment, of the improvement necessary to
3889 maintain the adopted level of service. For purposes of this
3890 subsection, “construction cost” includes all associated costs of
3891 the improvement. Proportionate-share mitigation shall be limited
3892 to ensure that a development of regional impact meeting the
3893 requirements of this subsection mitigates its impact on the
3894 transportation system but is not responsible for the additional
3895 cost of reducing or eliminating backlogs. This subsection also
3896 applies to Florida Quality Developments pursuant to s. 380.061
3897 and to detailed specific area plans implementing optional sector
3898 plans pursuant to s. 163.3245.
3899 (b) As used in this subsection, the term “backlog” means a
3900 facility or facilities on which the adopted level-of-service
3901 standard is exceeded by the existing trips, plus additional
3902 projected background trips from any source other than the
3903 development project under review that are forecast by
3904 established traffic standards, including traffic modeling,
3905 consistent with the University of Florida Bureau of Economic and
3906 Business Research medium population projections. Additional
3907 projected background trips are to be coincident with the
3908 particular stage or phase of development under review.
3909 (13) School concurrency shall be established on a
3910 districtwide basis and shall include all public schools in the
3911 district and all portions of the district, whether located in a
3912 municipality or an unincorporated area unless exempt from the
3913 public school facilities element pursuant to s. 163.3177(12).
3914 (6)(a) If concurrency is applied to public education
3915 facilities, The application of school concurrency to development
3916 shall be based upon the adopted comprehensive plan, as amended.
3917 all local governments within a county, except as provided in
3918 paragraph (i) (f), shall include principles, guidelines,
3919 standards, and strategies, including adopted levels of service,
3920 in their comprehensive plans and adopt and transmit to the state
3921 land planning agency the necessary plan amendments, along with
3922 the interlocal agreements. If the county and one or more
3923 municipalities have adopted school concurrency into its
3924 comprehensive plan and interlocal agreement that represents at
3925 least 80 percent of the total countywide population, the failure
3926 of one or more municipalities to adopt the concurrency and enter
3927 into the interlocal agreement does not preclude implementation
3928 of school concurrency within the school district agreement, for
3929 a compliance review pursuant to s. 163.3184(7) and (8). The
3930 minimum requirements for school concurrency are the following:
3931 (a) Public school facilities element.—A local government
3932 shall adopt and transmit to the state land planning agency a
3933 plan or plan amendment which includes a public school facilities
3934 element which is consistent with the requirements of s.
3935 163.3177(12) and which is determined to be in compliance as
3936 defined in s. 163.3184(1)(b). All local government provisions
3937 included in comprehensive plans regarding school concurrency
3938 public school facilities plan elements within a county must be
3939 consistent with each other as well as the requirements of this
3940 part.
3941 (b) Level-of-service standards.—The Legislature recognizes
3942 that an essential requirement for a concurrency management
3943 system is the level of service at which a public facility is
3944 expected to operate.
3945 1. Local governments and school boards imposing school
3946 concurrency shall exercise authority in conjunction with each
3947 other to establish jointly adequate level-of-service standards,
3948 as defined in chapter 9J-5, Florida Administrative Code,
3949 necessary to implement the adopted local government
3950 comprehensive plan, based on data and analysis.
3951 (c)2. Public school level-of-service standards shall be
3952 included and adopted into the capital improvements element of
3953 the local comprehensive plan and shall apply districtwide to all
3954 schools of the same type. Types of schools may include
3955 elementary, middle, and high schools as well as special purpose
3956 facilities such as magnet schools.
3957 (d)3. Local governments and school boards may shall have
3958 the option to utilize tiered level-of-service standards to allow
3959 time to achieve an adequate and desirable level of service as
3960 circumstances warrant.
3961 (e)4. For the purpose of determining whether levels of
3962 service have been achieved, for the first 3 years of school
3963 concurrency implementation, A school district that includes
3964 relocatable facilities in its inventory of student stations
3965 shall include the capacity of such relocatable facilities as
3966 provided in s. 1013.35(2)(b)2.f., provided the relocatable
3967 facilities were purchased after 1998 and the relocatable
3968 facilities meet the standards for long-term use pursuant to s.
3969 1013.20.
3970 (c) Service areas.—The Legislature recognizes that an
3971 essential requirement for a concurrency system is a designation
3972 of the area within which the level of service will be measured
3973 when an application for a residential development permit is
3974 reviewed for school concurrency purposes. This delineation is
3975 also important for purposes of determining whether the local
3976 government has a financially feasible public school capital
3977 facilities program that will provide schools which will achieve
3978 and maintain the adopted level-of-service standards.
3979 (f)1. In order to balance competing interests, preserve the
3980 constitutional concept of uniformity, and avoid disruption of
3981 existing educational and growth management processes, local
3982 governments are encouraged, if they elect to adopt school
3983 concurrency, to initially apply school concurrency to
3984 development only on a districtwide basis so that a concurrency
3985 determination for a specific development will be based upon the
3986 availability of school capacity districtwide. To ensure that
3987 development is coordinated with schools having available
3988 capacity, within 5 years after adoption of school concurrency,
3989 2. If a local government elects to governments shall apply
3990 school concurrency on a less than districtwide basis, by such as
3991 using school attendance zones or concurrency service areas:, as
3992 provided in subparagraph 2.
3993 a.2. For local governments applying school concurrency on a
3994 less than districtwide basis, such as utilizing school
3995 attendance zones or larger school concurrency service areas,
3996 Local governments and school boards shall have the burden to
3997 demonstrate that the utilization of school capacity is maximized
3998 to the greatest extent possible in the comprehensive plan and
3999 amendment, taking into account transportation costs and court
4000 approved desegregation plans, as well as other factors. In
4001 addition, in order to achieve concurrency within the service
4002 area boundaries selected by local governments and school boards,
4003 the service area boundaries, together with the standards for
4004 establishing those boundaries, shall be identified and included
4005 as supporting data and analysis for the comprehensive plan.
4006 b.3. Where school capacity is available on a districtwide
4007 basis but school concurrency is applied on a less than
4008 districtwide basis in the form of concurrency service areas, if
4009 the adopted level-of-service standard cannot be met in a
4010 particular service area as applied to an application for a
4011 development permit and if the needed capacity for the particular
4012 service area is available in one or more contiguous service
4013 areas, as adopted by the local government, then the local
4014 government may not deny an application for site plan or final
4015 subdivision approval or the functional equivalent for a
4016 development or phase of a development on the basis of school
4017 concurrency, and if issued, development impacts shall be
4018 subtracted from the shifted to contiguous service area’s areas
4019 with schools having available capacity totals. Students from the
4020 development may not be required to go to the adjacent service
4021 area unless the school board rezones the area in which the
4022 development occurs.
4023 (g)(d) Financial feasibility.—The Legislature recognizes
4024 that financial feasibility is an important issue because The
4025 premise of concurrency is that the public facilities will be
4026 provided in order to achieve and maintain the adopted level-of
4027 service standard. This part and chapter 9J-5, Florida
4028 Administrative Code, contain specific standards to determine the
4029 financial feasibility of capital programs. These standards were
4030 adopted to make concurrency more predictable and local
4031 governments more accountable.
4032 1. A comprehensive plan that imposes amendment seeking to
4033 impose school concurrency shall contain appropriate amendments
4034 to the capital improvements element of the comprehensive plan,
4035 consistent with the requirements of s. 163.3177(3) and rule 9J
4036 5.016, Florida Administrative Code. The capital improvements
4037 element shall identify facilities necessary to meet adopted
4038 levels of service during a 5-year period consistent with the
4039 school board’s educational set forth a financially feasible
4040 public school capital facilities plan program, established in
4041 conjunction with the school board, that demonstrates that the
4042 adopted level-of-service standards will be achieved and
4043 maintained.
4044 (h)1. In order to limit the liability of local governments,
4045 a local government may allow a landowner to proceed with
4046 development of a specific parcel of land notwithstanding a
4047 failure of the development to satisfy school concurrency, if all
4048 the following factors are shown to exist:
4049 a. The proposed development would be consistent with the
4050 future land use designation for the specific property and with
4051 pertinent portions of the adopted local plan, as determined by
4052 the local government.
4053 b. The local government’s capital improvements element and
4054 the school board’s educational facilities plan provide for
4055 school facilities adequate to serve the proposed development,
4056 and the local government or school board has not implemented
4057 that element, or the project includes a plan that demonstrates
4058 that the capital facilities needed as a result of the project
4059 can be reasonably provided.
4060 c. The local government and school board have provided a
4061 means by which the landowner will be assessed a proportionate
4062 share of the cost of providing the school facilities necessary
4063 to serve the proposed development.
4064 2. Such amendments shall demonstrate that the public school
4065 capital facilities program meets all of the financial
4066 feasibility standards of this part and chapter 9J-5, Florida
4067 Administrative Code, that apply to capital programs which
4068 provide the basis for mandatory concurrency on other public
4069 facilities and services.
4070 3. When the financial feasibility of a public school
4071 capital facilities program is evaluated by the state land
4072 planning agency for purposes of a compliance determination, the
4073 evaluation shall be based upon the service areas selected by the
4074 local governments and school board.
4075 2.(e) If Availability standard.—Consistent with the public
4076 welfare, a local government applies school concurrency, it may
4077 not deny an application for site plan, final subdivision
4078 approval, or the functional equivalent for a development or
4079 phase of a development authorizing residential development for
4080 failure to achieve and maintain the level-of-service standard
4081 for public school capacity in a local school concurrency
4082 management system where adequate school facilities will be in
4083 place or under actual construction within 3 years after the
4084 issuance of final subdivision or site plan approval, or the
4085 functional equivalent. School concurrency is satisfied if the
4086 developer executes a legally binding commitment to provide
4087 mitigation proportionate to the demand for public school
4088 facilities to be created by actual development of the property,
4089 including, but not limited to, the options described in sub
4090 subparagraph a. subparagraph 1. Options for proportionate-share
4091 mitigation of impacts on public school facilities must be
4092 established in the comprehensive plan public school facilities
4093 element and the interlocal agreement pursuant to s. 163.31777.
4094 a.1. Appropriate mitigation options include the
4095 contribution of land; the construction, expansion, or payment
4096 for land acquisition or construction of a public school
4097 facility; the construction of a charter school that complies
4098 with the requirements of s. 1002.33(18); or the creation of
4099 mitigation banking based on the construction of a public school
4100 facility in exchange for the right to sell capacity credits.
4101 Such options must include execution by the applicant and the
4102 local government of a development agreement that constitutes a
4103 legally binding commitment to pay proportionate-share mitigation
4104 for the additional residential units approved by the local
4105 government in a development order and actually developed on the
4106 property, taking into account residential density allowed on the
4107 property prior to the plan amendment that increased the overall
4108 residential density. The district school board must be a party
4109 to such an agreement. As a condition of its entry into such a
4110 development agreement, the local government may require the
4111 landowner to agree to continuing renewal of the agreement upon
4112 its expiration.
4113 b.2. If the interlocal agreement education facilities plan
4114 and the local government comprehensive plan public educational
4115 facilities element authorize a contribution of land; the
4116 construction, expansion, or payment for land acquisition; the
4117 construction or expansion of a public school facility, or a
4118 portion thereof; or the construction of a charter school that
4119 complies with the requirements of s. 1002.33(18), as
4120 proportionate-share mitigation, the local government shall
4121 credit such a contribution, construction, expansion, or payment
4122 toward any other impact fee or exaction imposed by local
4123 ordinance for the same need, on a dollar-for-dollar basis at
4124 fair market value.
4125 c.3. Any proportionate-share mitigation must be directed by
4126 the school board toward a school capacity improvement identified
4127 in the a financially feasible 5-year school board’s educational
4128 facilities district work plan that satisfies the demands created
4129 by the development in accordance with a binding developer’s
4130 agreement.
4131 4. If a development is precluded from commencing because
4132 there is inadequate classroom capacity to mitigate the impacts
4133 of the development, the development may nevertheless commence if
4134 there are accelerated facilities in an approved capital
4135 improvement element scheduled for construction in year four or
4136 later of such plan which, when built, will mitigate the proposed
4137 development, or if such accelerated facilities will be in the
4138 next annual update of the capital facilities element, the
4139 developer enters into a binding, financially guaranteed
4140 agreement with the school district to construct an accelerated
4141 facility within the first 3 years of an approved capital
4142 improvement plan, and the cost of the school facility is equal
4143 to or greater than the development’s proportionate share. When
4144 the completed school facility is conveyed to the school
4145 district, the developer shall receive impact fee credits usable
4146 within the zone where the facility is constructed or any
4147 attendance zone contiguous with or adjacent to the zone where
4148 the facility is constructed.
4149 3.5. This paragraph does not limit the authority of a local
4150 government to deny a development permit or its functional
4151 equivalent pursuant to its home rule regulatory powers, except
4152 as provided in this part.
4153 (i)(f) Intergovernmental coordination.—
4154 1. When establishing concurrency requirements for public
4155 schools, a local government shall satisfy the requirements for
4156 intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4157 and 2., except that A municipality is not required to be a
4158 signatory to the interlocal agreement required by paragraph (j)
4159 ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4160 imposition of school concurrency, and as a nonsignatory, shall
4161 not participate in the adopted local school concurrency system,
4162 if the municipality meets all of the following criteria for
4163 having no significant impact on school attendance:
4164 1.a. The municipality has issued development orders for
4165 fewer than 50 residential dwelling units during the preceding 5
4166 years, or the municipality has generated fewer than 25
4167 additional public school students during the preceding 5 years.
4168 2.b. The municipality has not annexed new land during the
4169 preceding 5 years in land use categories which permit
4170 residential uses that will affect school attendance rates.
4171 3.c. The municipality has no public schools located within
4172 its boundaries.
4173 4.d. At least 80 percent of the developable land within the
4174 boundaries of the municipality has been built upon.
4175 2. A municipality which qualifies as having no significant
4176 impact on school attendance pursuant to the criteria of
4177 subparagraph 1. must review and determine at the time of its
4178 evaluation and appraisal report pursuant to s. 163.3191 whether
4179 it continues to meet the criteria pursuant to s. 163.31777(6).
4180 If the municipality determines that it no longer meets the
4181 criteria, it must adopt appropriate school concurrency goals,
4182 objectives, and policies in its plan amendments based on the
4183 evaluation and appraisal report, and enter into the existing
4184 interlocal agreement required by ss. 163.3177(6)(h)2. and
4185 163.31777, in order to fully participate in the school
4186 concurrency system. If such a municipality fails to do so, it
4187 will be subject to the enforcement provisions of s. 163.3191.
4188 (j)(g) Interlocal agreement for school concurrency.—When
4189 establishing concurrency requirements for public schools, a
4190 local government must enter into an interlocal agreement that
4191 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4192 163.31777 and the requirements of this subsection. The
4193 interlocal agreement shall acknowledge both the school board’s
4194 constitutional and statutory obligations to provide a uniform
4195 system of free public schools on a countywide basis, and the
4196 land use authority of local governments, including their
4197 authority to approve or deny comprehensive plan amendments and
4198 development orders. The interlocal agreement shall be submitted
4199 to the state land planning agency by the local government as a
4200 part of the compliance review, along with the other necessary
4201 amendments to the comprehensive plan required by this part. In
4202 addition to the requirements of ss. 163.3177(6)(h) and
4203 163.31777, The interlocal agreement shall meet the following
4204 requirements:
4205 1. Establish the mechanisms for coordinating the
4206 development, adoption, and amendment of each local government’s
4207 school-concurrency-related provisions of the comprehensive plan
4208 public school facilities element with each other and the plans
4209 of the school board to ensure a uniform districtwide school
4210 concurrency system.
4211 2. Establish a process for the development of siting
4212 criteria which encourages the location of public schools
4213 proximate to urban residential areas to the extent possible and
4214 seeks to collocate schools with other public facilities such as
4215 parks, libraries, and community centers to the extent possible.
4216 2.3. Specify uniform, districtwide level-of-service
4217 standards for public schools of the same type and the process
4218 for modifying the adopted level-of-service standards.
4219 4. Establish a process for the preparation, amendment, and
4220 joint approval by each local government and the school board of
4221 a public school capital facilities program which is financially
4222 feasible, and a process and schedule for incorporation of the
4223 public school capital facilities program into the local
4224 government comprehensive plans on an annual basis.
4225 3.5. Define the geographic application of school
4226 concurrency. If school concurrency is to be applied on a less
4227 than districtwide basis in the form of concurrency service
4228 areas, the agreement shall establish criteria and standards for
4229 the establishment and modification of school concurrency service
4230 areas. The agreement shall also establish a process and schedule
4231 for the mandatory incorporation of the school concurrency
4232 service areas and the criteria and standards for establishment
4233 of the service areas into the local government comprehensive
4234 plans. The agreement shall ensure maximum utilization of school
4235 capacity, taking into account transportation costs and court
4236 approved desegregation plans, as well as other factors. The
4237 agreement shall also ensure the achievement and maintenance of
4238 the adopted level-of-service standards for the geographic area
4239 of application throughout the 5 years covered by the public
4240 school capital facilities plan and thereafter by adding a new
4241 fifth year during the annual update.
4242 4.6. Establish a uniform districtwide procedure for
4243 implementing school concurrency which provides for:
4244 a. The evaluation of development applications for
4245 compliance with school concurrency requirements, including
4246 information provided by the school board on affected schools,
4247 impact on levels of service, and programmed improvements for
4248 affected schools and any options to provide sufficient capacity;
4249 b. An opportunity for the school board to review and
4250 comment on the effect of comprehensive plan amendments and
4251 rezonings on the public school facilities plan; and
4252 c. The monitoring and evaluation of the school concurrency
4253 system.
4254 7. Include provisions relating to amendment of the
4255 agreement.
4256 5.8. A process and uniform methodology for determining
4257 proportionate-share mitigation pursuant to subparagraph (h)
4258 (e)1.
4259 (k)(h) Local government authority.—This subsection does not
4260 limit the authority of a local government to grant or deny a
4261 development permit or its functional equivalent prior to the
4262 implementation of school concurrency.
4263 (14) The state land planning agency shall, by October 1,
4264 1998, adopt by rule minimum criteria for the review and
4265 determination of compliance of a public school facilities
4266 element adopted by a local government for purposes of imposition
4267 of school concurrency.
4268 (15)(a) Multimodal transportation districts may be
4269 established under a local government comprehensive plan in areas
4270 delineated on the future land use map for which the local
4271 comprehensive plan assigns secondary priority to vehicle
4272 mobility and primary priority to assuring a safe, comfortable,
4273 and attractive pedestrian environment, with convenient
4274 interconnection to transit. Such districts must incorporate
4275 community design features that will reduce the number of
4276 automobile trips or vehicle miles of travel and will support an
4277 integrated, multimodal transportation system. Prior to the
4278 designation of multimodal transportation districts, the
4279 Department of Transportation shall be consulted by the local
4280 government to assess the impact that the proposed multimodal
4281 district area is expected to have on the adopted level-of
4282 service standards established for Strategic Intermodal System
4283 facilities, as defined in s. 339.64, and roadway facilities
4284 funded in accordance with s. 339.2819. Further, the local
4285 government shall, in cooperation with the Department of
4286 Transportation, develop a plan to mitigate any impacts to the
4287 Strategic Intermodal System, including the development of a
4288 long-term concurrency management system pursuant to subsection
4289 (9) and s. 163.3177(3)(d). Multimodal transportation districts
4290 existing prior to July 1, 2005, shall meet, at a minimum, the
4291 provisions of this section by July 1, 2006, or at the time of
4292 the comprehensive plan update pursuant to the evaluation and
4293 appraisal report, whichever occurs last.
4294 (b) Community design elements of such a district include: a
4295 complementary mix and range of land uses, including educational,
4296 recreational, and cultural uses; interconnected networks of
4297 streets designed to encourage walking and bicycling, with
4298 traffic-calming where desirable; appropriate densities and
4299 intensities of use within walking distance of transit stops;
4300 daily activities within walking distance of residences, allowing
4301 independence to persons who do not drive; public uses, streets,
4302 and squares that are safe, comfortable, and attractive for the
4303 pedestrian, with adjoining buildings open to the street and with
4304 parking not interfering with pedestrian, transit, automobile,
4305 and truck travel modes.
4306 (c) Local governments may establish multimodal level-of
4307 service standards that rely primarily on nonvehicular modes of
4308 transportation within the district, when justified by an
4309 analysis demonstrating that the existing and planned community
4310 design will provide an adequate level of mobility within the
4311 district based upon professionally accepted multimodal level-of
4312 service methodologies. The analysis must also demonstrate that
4313 the capital improvements required to promote community design
4314 are financially feasible over the development or redevelopment
4315 timeframe for the district and that community design features
4316 within the district provide convenient interconnection for a
4317 multimodal transportation system. Local governments may issue
4318 development permits in reliance upon all planned community
4319 design capital improvements that are financially feasible over
4320 the development or redevelopment timeframe for the district,
4321 without regard to the period of time between development or
4322 redevelopment and the scheduled construction of the capital
4323 improvements. A determination of financial feasibility shall be
4324 based upon currently available funding or funding sources that
4325 could reasonably be expected to become available over the
4326 planning period.
4327 (d) Local governments may reduce impact fees or local
4328 access fees for development within multimodal transportation
4329 districts based on the reduction of vehicle trips per household
4330 or vehicle miles of travel expected from the development pattern
4331 planned for the district.
4332 (16) It is the intent of the Legislature to provide a
4333 method by which the impacts of development on transportation
4334 facilities can be mitigated by the cooperative efforts of the
4335 public and private sectors. The methodology used to calculate
4336 proportionate fair-share mitigation under this section shall be
4337 as provided for in subsection (12).
4338 (a) By December 1, 2006, each local government shall adopt
4339 by ordinance a methodology for assessing proportionate fair
4340 share mitigation options. By December 1, 2005, the Department of
4341 Transportation shall develop a model transportation concurrency
4342 management ordinance with methodologies for assessing
4343 proportionate fair-share mitigation options.
4344 (b)1. In its transportation concurrency management system,
4345 a local government shall, by December 1, 2006, include
4346 methodologies that will be applied to calculate proportionate
4347 fair-share mitigation. A developer may choose to satisfy all
4348 transportation concurrency requirements by contributing or
4349 paying proportionate fair-share mitigation if transportation
4350 facilities or facility segments identified as mitigation for
4351 traffic impacts are specifically identified for funding in the
4352 5-year schedule of capital improvements in the capital
4353 improvements element of the local plan or the long-term
4354 concurrency management system or if such contributions or
4355 payments to such facilities or segments are reflected in the 5
4356 year schedule of capital improvements in the next regularly
4357 scheduled update of the capital improvements element. Updates to
4358 the 5-year capital improvements element which reflect
4359 proportionate fair-share contributions may not be found not in
4360 compliance based on ss. 163.3164(32) and 163.3177(3) if
4361 additional contributions, payments or funding sources are
4362 reasonably anticipated during a period not to exceed 10 years to
4363 fully mitigate impacts on the transportation facilities.
4364 2. Proportionate fair-share mitigation shall be applied as
4365 a credit against impact fees to the extent that all or a portion
4366 of the proportionate fair-share mitigation is used to address
4367 the same capital infrastructure improvements contemplated by the
4368 local government’s impact fee ordinance.
4369 (c) Proportionate fair-share mitigation includes, without
4370 limitation, separately or collectively, private funds,
4371 contributions of land, and construction and contribution of
4372 facilities and may include public funds as determined by the
4373 local government. Proportionate fair-share mitigation may be
4374 directed toward one or more specific transportation improvements
4375 reasonably related to the mobility demands created by the
4376 development and such improvements may address one or more modes
4377 of travel. The fair market value of the proportionate fair-share
4378 mitigation shall not differ based on the form of mitigation. A
4379 local government may not require a development to pay more than
4380 its proportionate fair-share contribution regardless of the
4381 method of mitigation. Proportionate fair-share mitigation shall
4382 be limited to ensure that a development meeting the requirements
4383 of this section mitigates its impact on the transportation
4384 system but is not responsible for the additional cost of
4385 reducing or eliminating backlogs.
4386 (d) This subsection does not require a local government to
4387 approve a development that is not otherwise qualified for
4388 approval pursuant to the applicable local comprehensive plan and
4389 land development regulations.
4390 (e) Mitigation for development impacts to facilities on the
4391 Strategic Intermodal System made pursuant to this subsection
4392 requires the concurrence of the Department of Transportation.
4393 (f) If the funds in an adopted 5-year capital improvements
4394 element are insufficient to fully fund construction of a
4395 transportation improvement required by the local government’s
4396 concurrency management system, a local government and a
4397 developer may still enter into a binding proportionate-share
4398 agreement authorizing the developer to construct that amount of
4399 development on which the proportionate share is calculated if
4400 the proportionate-share amount in such agreement is sufficient
4401 to pay for one or more improvements which will, in the opinion
4402 of the governmental entity or entities maintaining the
4403 transportation facilities, significantly benefit the impacted
4404 transportation system. The improvements funded by the
4405 proportionate-share component must be adopted into the 5-year
4406 capital improvements schedule of the comprehensive plan at the
4407 next annual capital improvements element update. The funding of
4408 any improvements that significantly benefit the impacted
4409 transportation system satisfies concurrency requirements as a
4410 mitigation of the development’s impact upon the overall
4411 transportation system even if there remains a failure of
4412 concurrency on other impacted facilities.
4413 (g) Except as provided in subparagraph (b)1., this section
4414 may not prohibit the Department of Community Affairs from
4415 finding other portions of the capital improvements element
4416 amendments not in compliance as provided in this chapter.
4417 (h) The provisions of this subsection do not apply to a
4418 development of regional impact satisfying the requirements of
4419 subsection (12).
4420 (i) As used in this subsection, the term “backlog” means a
4421 facility or facilities on which the adopted level-of-service
4422 standard is exceeded by the existing trips, plus additional
4423 projected background trips from any source other than the
4424 development project under review that are forecast by
4425 established traffic standards, including traffic modeling,
4426 consistent with the University of Florida Bureau of Economic and
4427 Business Research medium population projections. Additional
4428 projected background trips are to be coincident with the
4429 particular stage or phase of development under review.
4430 (17) A local government and the developer of affordable
4431 workforce housing units developed in accordance with s.
4432 380.06(19) or s. 380.0651(3) may identify an employment center
4433 or centers in close proximity to the affordable workforce
4434 housing units. If at least 50 percent of the units are occupied
4435 by an employee or employees of an identified employment center
4436 or centers, all of the affordable workforce housing units are
4437 exempt from transportation concurrency requirements, and the
4438 local government may not reduce any transportation trip
4439 generation entitlements of an approved development-of-regional
4440 impact development order. As used in this subsection, the term
4441 “close proximity” means 5 miles from the nearest point of the
4442 development of regional impact to the nearest point of the
4443 employment center, and the term “employment center” means a
4444 place of employment that employs at least 25 or more full-time
4445 employees.
4446 Section 16. Subsection (5) of section 163.31801, Florida
4447 Statutes, is reenacted, and subsection (6) is added to that
4448 section, to read:
4449 163.31801 Impact fees; short title; intent; definitions;
4450 ordinances levying impact fees.—
4451 (5) In any action challenging an impact fee, the government
4452 has the burden of proving by a preponderance of the evidence
4453 that the imposition or amount of the fee meets the requirements
4454 of state legal precedent or this section. The court may not use
4455 a deferential standard.
4456 (6) Notwithstanding any law, ordinance, or resolution to
4457 the contrary, a county, municipality, or special district may
4458 not increase any existing impact fees or impose any new,
4459 increased impact fees on nonresidential development. This
4460 subsection does not affect impact fees pledged or obligated to
4461 the retirement of debt; impact fee increases that were
4462 previously enacted by law, ordinance, or resolution and phased
4463 in over time or included a consumer price index or other yearly
4464 escalator; or impact fees for water or wastewater facilities.
4465 This subsection expires July 1, 2013.
4466 Section 17. Section 163.3182, Florida Statutes, is amended
4467 to read:
4468 163.3182 Transportation deficiencies concurrency backlogs.—
4469 (1) DEFINITIONS.—For purposes of this section, the term:
4470 (a) “Transportation deficiency concurrency backlog area”
4471 means the geographic area within the unincorporated portion of a
4472 county or within the municipal boundary of a municipality
4473 designated in a local government comprehensive plan for which a
4474 transportation development concurrency backlog authority is
4475 created pursuant to this section. A transportation deficiency
4476 concurrency backlog area created within the corporate boundary
4477 of a municipality shall be made pursuant to an interlocal
4478 agreement between a county, a municipality or municipalities,
4479 and any affected taxing authority or authorities.
4480 (b) “Authority” or “transportation development concurrency
4481 backlog authority” means the governing body of a county or
4482 municipality within which an authority is created.
4483 (c) “Governing body” means the council, commission, or
4484 other legislative body charged with governing the county or
4485 municipality within which a transportation deficiency
4486 concurrency backlog authority is created pursuant to this
4487 section.
4488 (d) “Transportation deficiency concurrency backlog” means
4489 an identified need deficiency where the existing and projected
4490 extent of traffic or projected traffic volume exceeds the level
4491 of service standard adopted in a local government comprehensive
4492 plan for a transportation facility.
4493 (e) “Transportation sufficiency concurrency backlog plan”
4494 means the plan adopted as part of a local government
4495 comprehensive plan by the governing body of a county or
4496 municipality acting as a transportation development concurrency
4497 backlog authority.
4498 (f) “Transportation concurrency backlog project” means any
4499 designated transportation project that will mitigate a
4500 deficiency identified in a transportation deficiency plan
4501 identified for construction within the jurisdiction of a
4502 transportation concurrency backlog authority.
4503 (g) “Debt service millage” means any millage levied
4504 pursuant to s. 12, Art. VII of the State Constitution.
4505 (h) “Increment revenue” means the amount calculated
4506 pursuant to subsection (5).
4507 (i) “Taxing authority” means a public body that levies or
4508 is authorized to levy an ad valorem tax on real property located
4509 within a transportation deficiency concurrency backlog area,
4510 except a school district.
4511 (2) CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4512 BACKLOG AUTHORITIES.—
4513 (a) A county or municipality may create a transportation
4514 development concurrency backlog authority if it has an
4515 identified transportation deficiency concurrency backlog.
4516 (b) Acting as the transportation development concurrency
4517 backlog authority within the authority’s jurisdictional
4518 boundary, the governing body of a county or municipality shall
4519 adopt and implement a plan to eliminate all identified
4520 transportation deficiencies concurrency backlogs within the
4521 authority’s jurisdiction using funds provided pursuant to
4522 subsection (5) and as otherwise provided pursuant to this
4523 section.
4524 (c) The Legislature finds and declares that there exist in
4525 many counties and municipalities areas that have significant
4526 transportation deficiencies and inadequate transportation
4527 facilities; that many insufficiencies and inadequacies severely
4528 limit or prohibit the satisfaction of adopted transportation
4529 level-of-service concurrency standards; that the transportation
4530 insufficiencies and inadequacies affect the health, safety, and
4531 welfare of the residents of these counties and municipalities;
4532 that the transportation insufficiencies and inadequacies
4533 adversely affect economic development and growth of the tax base
4534 for the areas in which these insufficiencies and inadequacies
4535 exist; and that the elimination of transportation deficiencies
4536 and inadequacies and the satisfaction of transportation level
4537 of-service concurrency standards are paramount public purposes
4538 for the state and its counties and municipalities.
4539 (3) POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4540 BACKLOG AUTHORITY.—Each transportation development concurrency
4541 backlog authority created pursuant to this section has the
4542 powers necessary or convenient to carry out the purposes of this
4543 section, including the following powers in addition to others
4544 granted in this section:
4545 (a) To make and execute contracts and other instruments
4546 necessary or convenient to the exercise of its powers under this
4547 section.
4548 (b) To undertake and carry out transportation concurrency
4549 backlog projects for transportation facilities that have
4550 designed to relieve transportation deficiencies a concurrency
4551 backlog within the authority’s jurisdiction. Concurrency backlog
4552 Transportation projects may include transportation facilities
4553 that provide for alternative modes of travel including
4554 sidewalks, bikeways, and mass transit which are related to a
4555 deficient backlogged transportation facility.
4556 (c) To invest any transportation concurrency backlog funds
4557 held in reserve, sinking funds, or any such funds not required
4558 for immediate disbursement in property or securities in which
4559 savings banks may legally invest funds subject to the control of
4560 the authority and to redeem such bonds as have been issued
4561 pursuant to this section at the redemption price established
4562 therein, or to purchase such bonds at less than redemption
4563 price. All such bonds redeemed or purchased shall be canceled.
4564 (d) To borrow money, including, but not limited to, issuing
4565 debt obligations such as, but not limited to, bonds, notes,
4566 certificates, and similar debt instruments; to apply for and
4567 accept advances, loans, grants, contributions, and any other
4568 forms of financial assistance from the Federal Government or the
4569 state, county, or any other public body or from any sources,
4570 public or private, for the purposes of this part; to give such
4571 security as may be required; to enter into and carry out
4572 contracts or agreements; and to include in any contracts for
4573 financial assistance with the Federal Government for or with
4574 respect to a transportation concurrency backlog project and
4575 related activities such conditions imposed under federal laws as
4576 the transportation deficiency concurrency backlog authority
4577 considers reasonable and appropriate and which are not
4578 inconsistent with the purposes of this section.
4579 (e) To make or have made all surveys and plans necessary to
4580 the carrying out of the purposes of this section; to contract
4581 with any persons, public or private, in making and carrying out
4582 such plans; and to adopt, approve, modify, or amend such
4583 transportation sufficiency concurrency backlog plans.
4584 (f) To appropriate such funds and make such expenditures as
4585 are necessary to carry out the purposes of this section, and to
4586 enter into agreements with other public bodies, which agreements
4587 may extend over any period notwithstanding any provision or rule
4588 of law to the contrary.
4589 (4) TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.—
4590 (a) Each transportation development concurrency backlog
4591 authority shall adopt a transportation sufficiency concurrency
4592 backlog plan as a part of the local government comprehensive
4593 plan within 6 months after the creation of the authority. The
4594 plan must:
4595 (a)1. Identify all transportation facilities that have been
4596 designated as deficient and require the expenditure of moneys to
4597 upgrade, modify, or mitigate the deficiency.
4598 (b)2. Include a priority listing of all transportation
4599 facilities that have been designated as deficient and do not
4600 satisfy concurrency requirements pursuant to s. 163.3180, and
4601 the applicable local government comprehensive plan.
4602 (c)3. Establish a schedule for financing and construction
4603 of transportation concurrency backlog projects that will
4604 eliminate transportation deficiencies concurrency backlogs
4605 within the jurisdiction of the authority within 10 years after
4606 the transportation sufficiency concurrency backlog plan
4607 adoption. If the utilization of mass transit is selected as all
4608 or part of the system solution, the improvements and service may
4609 extend outside the area of the transportation deficiency areas
4610 to the planned terminus of the improvement as long as the
4611 improvement provides capacity enhancements to a larger
4612 intermodal system. The schedule shall be adopted as part of the
4613 local government comprehensive plan.
4614 (b) The adoption of the transportation concurrency backlog
4615 plan shall be exempt from the provisions of s. 163.3187(1).
4616
4617 Notwithstanding such schedule requirements, as long as the
4618 schedule provides for the elimination of all transportation
4619 deficiencies concurrency backlogs within 10 years after the
4620 adoption of the transportation sufficiency concurrency backlog
4621 plan, the final maturity date of any debt incurred to finance or
4622 refinance the related projects may be no later than 40 years
4623 after the date the debt is incurred and the authority may
4624 continue operations and administer the trust fund established as
4625 provided in subsection (5) for as long as the debt remains
4626 outstanding.
4627 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
4628 development concurrency backlog authority shall establish a
4629 local transportation concurrency backlog trust fund upon
4630 creation of the authority. Each local trust fund shall be
4631 administered by the transportation development concurrency
4632 backlog authority within which a transportation deficiencies
4633 have concurrency backlog has been identified. Each local trust
4634 fund must continue to be funded under this section for as long
4635 as the projects set forth in the related transportation
4636 sufficiency concurrency backlog plan remain to be completed or
4637 until any debt incurred to finance or refinance the related
4638 projects is no longer outstanding, whichever occurs later.
4639 Beginning in the first fiscal year after the creation of the
4640 authority, each local trust fund shall be funded by the proceeds
4641 of an ad valorem tax increment collected within each
4642 transportation deficiency concurrency backlog area to be
4643 determined annually and shall be a minimum of 25 percent of the
4644 difference between the amounts set forth in paragraphs (a) and
4645 (b), except that if all of the affected taxing authorities agree
4646 under an interlocal agreement, a particular local trust fund may
4647 be funded by the proceeds of an ad valorem tax increment greater
4648 than 25 percent of the difference between the amounts set forth
4649 in paragraphs (a) and (b):
4650 (a) The amount of ad valorem tax levied each year by each
4651 taxing authority, exclusive of any amount from any debt service
4652 millage, on taxable real property contained within the
4653 jurisdiction of the transportation development concurrency
4654 backlog authority and within the transportation deficiency
4655 backlog area; and
4656 (b) The amount of ad valorem taxes which would have been
4657 produced by the rate upon which the tax is levied each year by
4658 or for each taxing authority, exclusive of any debt service
4659 millage, upon the total of the assessed value of the taxable
4660 real property within the transportation deficiency concurrency
4661 backlog area as shown on the most recent assessment roll used in
4662 connection with the taxation of such property of each taxing
4663 authority prior to the effective date of the ordinance funding
4664 the trust fund.
4665 (6) EXEMPTIONS.—
4666 (a) The following public bodies or taxing authorities are
4667 exempt from the provisions of this section:
4668 1. A special district that levies ad valorem taxes on
4669 taxable real property in more than one county.
4670 2. A special district for which the sole available source
4671 of revenue is the authority to levy ad valorem taxes at the time
4672 an ordinance is adopted under this section. However, revenues or
4673 aid that may be dispensed or appropriated to a district as
4674 defined in s. 388.011 at the discretion of an entity other than
4675 such district shall not be deemed available.
4676 3. A library district.
4677 4. A neighborhood improvement district created under the
4678 Safe Neighborhoods Act.
4679 5. A metropolitan transportation authority.
4680 6. A water management district created under s. 373.069.
4681 7. A community redevelopment agency.
4682 (b) A transportation development concurrency exemption
4683 authority may also exempt from this section a special district
4684 that levies ad valorem taxes within the transportation
4685 deficiency concurrency backlog area pursuant to s.
4686 163.387(2)(d).
4687 (7) TRANSPORTATION DEFICIENCY CONCURRENCY SATISFACTION.
4688 Upon adoption of a transportation sufficiency concurrency
4689 backlog plan as a part of the local government comprehensive
4690 plan, and the plan going into effect, the area subject to the
4691 plan shall be deemed to have achieved and maintained
4692 transportation level-of-service standards, and to have met
4693 requirements for financial feasibility for transportation
4694 facilities, and for the purpose of proposed development
4695 transportation concurrency has been satisfied. Proportionate
4696 fair-share mitigation shall be limited to ensure that a
4697 development inside a transportation deficiency concurrency
4698 backlog area is not responsible for the additional costs of
4699 eliminating deficiencies backlogs.
4700 (8) DISSOLUTION.—Upon completion of all transportation
4701 concurrency backlog projects identified in the transportation
4702 sufficiency plan and repayment or defeasance of all debt issued
4703 to finance or refinance such projects, a transportation
4704 development concurrency backlog authority shall be dissolved,
4705 and its assets and liabilities transferred to the county or
4706 municipality within which the authority is located. All
4707 remaining assets of the authority must be used for
4708 implementation of transportation projects within the
4709 jurisdiction of the authority. The local government
4710 comprehensive plan shall be amended to remove the transportation
4711 deficiency concurrency backlog plan.
4712 Section 18. Section 163.3184, Florida Statutes, is amended
4713 to read:
4714 163.3184 Process for adoption of comprehensive plan or plan
4715 amendment.—
4716 (1) DEFINITIONS.—As used in this section, the term:
4717 (a) “Affected person” includes the affected local
4718 government; persons owning property, residing, or owning or
4719 operating a business within the boundaries of the local
4720 government whose plan is the subject of the review; owners of
4721 real property abutting real property that is the subject of a
4722 proposed change to a future land use map; and adjoining local
4723 governments that can demonstrate that the plan or plan amendment
4724 will produce substantial impacts on the increased need for
4725 publicly funded infrastructure or substantial impacts on areas
4726 designated for protection or special treatment within their
4727 jurisdiction. Each person, other than an adjoining local
4728 government, in order to qualify under this definition, shall
4729 also have submitted oral or written comments, recommendations,
4730 or objections to the local government during the period of time
4731 beginning with the transmittal hearing for the plan or plan
4732 amendment and ending with the adoption of the plan or plan
4733 amendment.
4734 (b) “In compliance” means consistent with the requirements
4735 of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4736 163.3248 with the state comprehensive plan, with the appropriate
4737 strategic regional policy plan, and with chapter 9J-5, Florida
4738 Administrative Code, where such rule is not inconsistent with
4739 this part and with the principles for guiding development in
4740 designated areas of critical state concern and with part III of
4741 chapter 369, where applicable.
4742 (c) “Reviewing agencies” means:
4743 1. The state land planning agency;
4744 2. The appropriate regional planning council;
4745 3. The appropriate water management district;
4746 4. The Department of Environmental Protection;
4747 5. The Department of State;
4748 6. The Department of Transportation;
4749 7. In the case of plan amendments relating to public
4750 schools, the Department of Education;
4751 8. In the case of plans or plan amendments that affect a
4752 military installation listed in s. 163.3175, the commanding
4753 officer of the affected military installation;
4754 9. In the case of county plans and plan amendments, the
4755 Fish and Wildlife Conservation Commission and the Department of
4756 Agriculture and Consumer Services; and
4757 10. In the case of municipal plans and plan amendments, the
4758 county in which the municipality is located.
4759 (2) COORDINATION.—Each comprehensive plan or plan amendment
4760 proposed to be adopted pursuant to this part, except amendments
4761 adopted pursuant to s. 163.32465 or s. 163.3187, shall be
4762 transmitted, adopted, and reviewed in the manner prescribed in
4763 this section. The state land planning agency shall have
4764 responsibility for plan review, coordination, and the
4765 preparation and transmission of comments, pursuant to this
4766 section, to the local governing body responsible for the
4767 comprehensive plan. The state land planning agency shall
4768 maintain a single file concerning any proposed or adopted plan
4769 amendment submitted by a local government for any review under
4770 this section. Copies of all correspondence, papers, notes,
4771 memoranda, and other documents received or generated by the
4772 state land planning agency must be placed in the appropriate
4773 file. Paper copies of all electronic mail correspondence must be
4774 placed in the file. The file and its contents must be available
4775 for public inspection and copying as provided in chapter 119.
4776 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
4777 AMENDMENT.—
4778 (a) Each local governing body shall transmit the complete
4779 proposed comprehensive plan or plan amendment to the reviewing
4780 agencies state land planning agency, the appropriate regional
4781 planning council and water management district, the Department
4782 of Environmental Protection, the Department of State, and the
4783 Department of Transportation, and, in the case of municipal
4784 plans, to the appropriate county, and, in the case of county
4785 plans, to the Fish and Wildlife Conservation Commission and the
4786 Department of Agriculture and Consumer Services, immediately
4787 following a public hearing pursuant to subsection (15) as
4788 specified in the state land planning agency’s procedural rules.
4789 The local governing body shall also transmit a copy of the
4790 complete proposed comprehensive plan or plan amendment to any
4791 other unit of local government or government agency in the state
4792 that has filed a written request with the governing body for the
4793 plan or plan amendment. The local government may request a
4794 review by the state land planning agency pursuant to subsection
4795 (6) at the time of the transmittal of an amendment.
4796 (b) A local governing body shall not transmit portions of a
4797 plan or plan amendment unless it has previously provided to all
4798 state agencies designated by the state land planning agency a
4799 complete copy of its adopted comprehensive plan pursuant to
4800 subsection (7) and as specified in the agency’s procedural
4801 rules. In the case of comprehensive plan amendments, the local
4802 governing body shall transmit to the state land planning agency,
4803 the other reviewing agencies appropriate regional planning
4804 council and water management district, the Department of
4805 Environmental Protection, the Department of State, and the
4806 Department of Transportation, and, in the case of municipal
4807 plans, to the appropriate county and, in the case of county
4808 plans, to the Fish and Wildlife Conservation Commission and the
4809 Department of Agriculture and Consumer Services the supporting
4810 materials specified in the state land planning agency’s
4811 procedural rules and, in cases in which the plan amendment is a
4812 result of an evaluation and appraisal report adopted pursuant to
4813 s. 163.3191, a copy of the evaluation and appraisal report.
4814 Local governing bodies shall consolidate all proposed plan
4815 amendments into a single submission for each of the two plan
4816 amendment adoption dates during the calendar year pursuant to s.
4817 163.3187.
4818 (c) A local government may adopt a proposed plan amendment
4819 previously transmitted pursuant to this subsection, unless
4820 review is requested or otherwise initiated pursuant to
4821 subsection (6).
4822 (d) In cases in which a local government transmits multiple
4823 individual amendments that can be clearly and legally separated
4824 and distinguished for the purpose of determining whether to
4825 review the proposed amendment, and the state land planning
4826 agency elects to review several or a portion of the amendments
4827 and the local government chooses to immediately adopt the
4828 remaining amendments not reviewed, the amendments immediately
4829 adopted and any reviewed amendments that the local government
4830 subsequently adopts together constitute one amendment cycle in
4831 accordance with s. 163.3187(1).
4832 (e) At the request of an applicant, a local government
4833 shall consider an application for zoning changes that would be
4834 required to properly enact the provisions of any proposed plan
4835 amendment transmitted pursuant to this subsection. Zoning
4836 changes approved by the local government are contingent upon the
4837 comprehensive plan or plan amendment transmitted becoming
4838 effective.
4839 (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
4840 specified in paragraph (3)(a) shall provide comments to the
4841 state land planning agency within 30 days after receipt by the
4842 state land planning agency of the complete proposed plan
4843 amendment. If the plan or plan amendment includes or relates to
4844 the public school facilities element pursuant to s.
4845 163.3177(12), the state land planning agency shall submit a copy
4846 to the Office of Educational Facilities of the Commissioner of
4847 Education for review and comment. The appropriate regional
4848 planning council shall also provide its written comments to the
4849 state land planning agency within 30 days after receipt by the
4850 state land planning agency of the complete proposed plan
4851 amendment and shall specify any objections, recommendations for
4852 modifications, and comments of any other regional agencies to
4853 which the regional planning council may have referred the
4854 proposed plan amendment. Written comments submitted by the
4855 public within 30 days after notice of transmittal by the local
4856 government of the proposed plan amendment will be considered as
4857 if submitted by governmental agencies. All written agency and
4858 public comments must be made part of the file maintained under
4859 subsection (2).
4860 (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.—The review of
4861 the regional planning council pursuant to subsection (4) shall
4862 be limited to effects on regional resources or facilities
4863 identified in the strategic regional policy plan and
4864 extrajurisdictional impacts which would be inconsistent with the
4865 comprehensive plan of the affected local government. However,
4866 any inconsistency between a local plan or plan amendment and a
4867 strategic regional policy plan must not be the sole basis for a
4868 notice of intent to find a local plan or plan amendment not in
4869 compliance with this act. A regional planning council shall not
4870 review and comment on a proposed comprehensive plan it prepared
4871 itself unless the plan has been changed by the local government
4872 subsequent to the preparation of the plan by the regional
4873 planning agency. The review of the county land planning agency
4874 pursuant to subsection (4) shall be primarily in the context of
4875 the relationship and effect of the proposed plan amendment on
4876 any county comprehensive plan element. Any review by
4877 municipalities will be primarily in the context of the
4878 relationship and effect on the municipal plan.
4879 (6) STATE LAND PLANNING AGENCY REVIEW.—
4880 (a) The state land planning agency shall review a proposed
4881 plan amendment upon request of a regional planning council,
4882 affected person, or local government transmitting the plan
4883 amendment. The request from the regional planning council or
4884 affected person must be received within 30 days after
4885 transmittal of the proposed plan amendment pursuant to
4886 subsection (3). A regional planning council or affected person
4887 requesting a review shall do so by submitting a written request
4888 to the agency with a notice of the request to the local
4889 government and any other person who has requested notice.
4890 (b) The state land planning agency may review any proposed
4891 plan amendment regardless of whether a request for review has
4892 been made, if the agency gives notice to the local government,
4893 and any other person who has requested notice, of its intention
4894 to conduct such a review within 35 days after receipt of the
4895 complete proposed plan amendment.
4896 (c) The state land planning agency shall establish by rule
4897 a schedule for receipt of comments from the various government
4898 agencies, as well as written public comments, pursuant to
4899 subsection (4). If the state land planning agency elects to
4900 review the amendment or the agency is required to review the
4901 amendment as specified in paragraph (a), the agency shall issue
4902 a report giving its objections, recommendations, and comments
4903 regarding the proposed amendment within 60 days after receipt of
4904 the complete proposed amendment by the state land planning
4905 agency. When a federal, state, or regional agency has
4906 implemented a permitting program, the state land planning agency
4907 shall not require a local government to duplicate or exceed that
4908 permitting program in its comprehensive plan or to implement
4909 such a permitting program in its land development regulations.
4910 Nothing contained herein shall prohibit the state land planning
4911 agency in conducting its review of local plans or plan
4912 amendments from making objections, recommendations, and comments
4913 or making compliance determinations regarding densities and
4914 intensities consistent with the provisions of this part. In
4915 preparing its comments, the state land planning agency shall
4916 only base its considerations on written, and not oral, comments,
4917 from any source.
4918 (d) The state land planning agency review shall identify
4919 all written communications with the agency regarding the
4920 proposed plan amendment. If the state land planning agency does
4921 not issue such a review, it shall identify in writing to the
4922 local government all written communications received 30 days
4923 after transmittal. The written identification must include a
4924 list of all documents received or generated by the agency, which
4925 list must be of sufficient specificity to enable the documents
4926 to be identified and copies requested, if desired, and the name
4927 of the person to be contacted to request copies of any
4928 identified document. The list of documents must be made a part
4929 of the public records of the state land planning agency.
4930 (6)(7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
4931 PLAN OR AMENDMENTS AND TRANSMITTAL.—
4932 (a) The local government shall review the written comments
4933 submitted to it by the state land planning agency, and any other
4934 person, agency, or government. Any comments, recommendations, or
4935 objections and any reply to them shall be public documents, a
4936 part of the permanent record in the matter, and admissible in
4937 any proceeding in which the comprehensive plan or plan amendment
4938 may be at issue. The local government, upon receipt of written
4939 comments from the state land planning agency, shall have 120
4940 days to adopt or adopt with changes the proposed comprehensive
4941 plan or s. 163.3191 plan amendments. In the case of
4942 comprehensive plan amendments other than those proposed pursuant
4943 to s. 163.3191, the local government shall have 60 days to adopt
4944 the amendment, adopt the amendment with changes, or determine
4945 that it will not adopt the amendment. The adoption of the
4946 proposed plan or plan amendment or the determination not to
4947 adopt a plan amendment, other than a plan amendment proposed
4948 pursuant to s. 163.3191, shall be made in the course of a public
4949 hearing pursuant to subsection (14) (15). The local government
4950 shall transmit the complete adopted comprehensive plan or plan
4951 amendment, including the names and addresses of persons compiled
4952 pursuant to paragraph (14)(15)(c), to the state land planning
4953 agency as specified in the agency’s procedural rules within 10
4954 working days after adoption. The local governing body shall also
4955 transmit a copy of the adopted comprehensive plan or plan
4956 amendment to the regional planning agency and to any other unit
4957 of local government or governmental agency in the state that has
4958 filed a written request with the governing body for a copy of
4959 the plan or plan amendment.
4960 (b) If the adopted plan amendment is unchanged from the
4961 proposed plan amendment transmitted pursuant to subsection (3)
4962 and an affected person as defined in paragraph (1)(a) did not
4963 raise any objection, and the state land planning agency did not
4964 review the proposed plan amendment, and the state land planning
4965 agency did not raise any objections during its review pursuant
4966 to subsection (6), the local government may state in the
4967 transmittal letter that the plan amendment is unchanged and was
4968 not the subject of objections.
4969 (7)(8) NOTICE OF INTENT.—
4970 (a) If the transmittal letter correctly states that the
4971 plan amendment is unchanged and was not the subject of review or
4972 objections pursuant to paragraph (7)(b), the state land planning
4973 agency has 20 days after receipt of the transmittal letter
4974 within which to issue a notice of intent that the plan amendment
4975 is in compliance.
4976 (b) Except as provided in paragraph (a) or in s.
4977 163.3187(3), the state land planning agency, upon receipt of a
4978 local government’s complete adopted comprehensive plan or plan
4979 amendment, shall have 45 days for review and to determine if the
4980 plan or plan amendment is in compliance with this act, unless
4981 the amendment is the result of a compliance agreement entered
4982 into under subsection (15) (16), in which case the time period
4983 for review and determination shall be 30 days. If review was not
4984 conducted under subsection (6), The agency’s determination must
4985 be based upon the plan amendment as adopted. If review was
4986 conducted under subsection (6), the agency’s determination of
4987 compliance must be based only upon one or both of the following:
4988 1. The state land planning agency’s written comments to the
4989 local government pursuant to subsection (6); or
4990 2. Any changes made by the local government to the
4991 comprehensive plan or plan amendment as adopted.
4992 (c)1. During the time period provided for in this
4993 subsection, the state land planning agency shall issue, through
4994 a senior administrator or the secretary, as specified in the
4995 agency’s procedural rules, a notice of intent to find that the
4996 plan or plan amendment is in compliance or not in compliance. A
4997 notice of intent shall be issued by publication in the manner
4998 provided by this paragraph and by mailing a copy to the local
4999 government. The advertisement shall be placed in that portion of
5000 the newspaper where legal notices appear. The advertisement
5001 shall be published in a newspaper that meets the size and
5002 circulation requirements set forth in paragraph (14) (15)(e) and
5003 that has been designated in writing by the affected local
5004 government at the time of transmittal of the amendment.
5005 Publication by the state land planning agency of a notice of
5006 intent in the newspaper designated by the local government shall
5007 be prima facie evidence of compliance with the publication
5008 requirements of this section. The state land planning agency
5009 shall post a copy of the notice of intent on the agency’s
5010 Internet site. The agency shall, no later than the date the
5011 notice of intent is transmitted to the newspaper, send by
5012 regular mail a courtesy informational statement to persons who
5013 provide their names and addresses to the local government at the
5014 transmittal hearing or at the adoption hearing where the local
5015 government has provided the names and addresses of such persons
5016 to the department at the time of transmittal of the adopted
5017 amendment. The informational statements shall include the name
5018 of the newspaper in which the notice of intent will appear, the
5019 approximate date of publication, the ordinance number of the
5020 plan or plan amendment, and a statement that affected persons
5021 have 21 days after the actual date of publication of the notice
5022 to file a petition.
5023 2. A local government that has an Internet site shall post
5024 a copy of the state land planning agency’s notice of intent on
5025 the site within 5 days after receipt of the mailed copy of the
5026 agency’s notice of intent.
5027 (8)(9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN
5028 COMPLIANCE.—
5029 (a) If the state land planning agency issues a notice of
5030 intent to find that the comprehensive plan or plan amendment
5031 transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5032 or s. 163.3191 is in compliance with this act, any affected
5033 person may file a petition with the agency pursuant to ss.
5034 120.569 and 120.57 within 21 days after the publication of
5035 notice. In this proceeding, the local plan or plan amendment
5036 shall be determined to be in compliance if the local
5037 government’s determination of compliance is fairly debatable.
5038 (b) The hearing shall be conducted by an administrative law
5039 judge of the Division of Administrative Hearings of the
5040 Department of Management Services, who shall hold the hearing in
5041 the county of and convenient to the affected local jurisdiction
5042 and submit a recommended order to the state land planning
5043 agency. The state land planning agency shall allow for the
5044 filing of exceptions to the recommended order and shall issue a
5045 final order after receipt of the recommended order if the state
5046 land planning agency determines that the plan or plan amendment
5047 is in compliance. If the state land planning agency determines
5048 that the plan or plan amendment is not in compliance, the agency
5049 shall submit the recommended order to the Administration
5050 Commission for final agency action.
5051 (9)(10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5052 COMPLIANCE.—
5053 (a) If the state land planning agency issues a notice of
5054 intent to find the comprehensive plan or plan amendment not in
5055 compliance with this act, the notice of intent shall be
5056 forwarded to the Division of Administrative Hearings of the
5057 Department of Management Services, which shall conduct a
5058 proceeding under ss. 120.569 and 120.57 in the county of and
5059 convenient to the affected local jurisdiction. The parties to
5060 the proceeding shall be the state land planning agency, the
5061 affected local government, and any affected person who
5062 intervenes. No new issue may be alleged as a reason to find a
5063 plan or plan amendment not in compliance in an administrative
5064 pleading filed more than 21 days after publication of notice
5065 unless the party seeking that issue establishes good cause for
5066 not alleging the issue within that time period. Good cause shall
5067 not include excusable neglect. In the proceeding, the local
5068 government’s determination that the comprehensive plan or plan
5069 amendment is in compliance is presumed to be correct. The local
5070 government’s determination shall be sustained unless it is shown
5071 by a preponderance of the evidence that the comprehensive plan
5072 or plan amendment is not in compliance. The local government’s
5073 determination that elements of its plans are related to and
5074 consistent with each other shall be sustained if the
5075 determination is fairly debatable.
5076 (b) The administrative law judge assigned by the division
5077 shall submit a recommended order to the Administration
5078 Commission for final agency action.
5079 (c) Prior to the hearing, the state land planning agency
5080 shall afford an opportunity to mediate or otherwise resolve the
5081 dispute. If a party to the proceeding requests mediation or
5082 other alternative dispute resolution, the hearing may not be
5083 held until the state land planning agency advises the
5084 administrative law judge in writing of the results of the
5085 mediation or other alternative dispute resolution. However, the
5086 hearing may not be delayed for longer than 90 days for mediation
5087 or other alternative dispute resolution unless a longer delay is
5088 agreed to by the parties to the proceeding. The costs of the
5089 mediation or other alternative dispute resolution shall be borne
5090 equally by all of the parties to the proceeding.
5091 (10)(11) ADMINISTRATION COMMISSION.—
5092 (a) If the Administration Commission, upon a hearing
5093 pursuant to subsection (9)(8) or subsection (9) (10), finds that
5094 the comprehensive plan or plan amendment is not in compliance
5095 with this act, the commission shall specify remedial actions
5096 which would bring the comprehensive plan or plan amendment into
5097 compliance. The commission may direct state agencies not to
5098 provide funds to increase the capacity of roads, bridges, or
5099 water and sewer systems within the boundaries of those local
5100 governmental entities which have comprehensive plans or plan
5101 elements that are determined not to be in compliance. The
5102 commission order may also specify that the local government
5103 shall not be eligible for grants administered under the
5104 following programs:
5105 1. The Florida Small Cities Community Development Block
5106 Grant Program, as authorized by ss. 290.0401-290.049.
5107 2. The Florida Recreation Development Assistance Program,
5108 as authorized by chapter 375.
5109 3. Revenue sharing pursuant to ss. 206.60, 210.20, and
5110 218.61 and chapter 212, to the extent not pledged to pay back
5111 bonds.
5112 (b) If the local government is one which is required to
5113 include a coastal management element in its comprehensive plan
5114 pursuant to s. 163.3177(6)(g), the commission order may also
5115 specify that the local government is not eligible for funding
5116 pursuant to s. 161.091. The commission order may also specify
5117 that the fact that the coastal management element has been
5118 determined to be not in compliance shall be a consideration when
5119 the department considers permits under s. 161.053 and when the
5120 Board of Trustees of the Internal Improvement Trust Fund
5121 considers whether to sell, convey any interest in, or lease any
5122 sovereignty lands or submerged lands until the element is
5123 brought into compliance.
5124 (c) The sanctions provided by paragraphs (a) and (b) do
5125 shall not apply to a local government regarding any plan
5126 amendment, except for plan amendments that amend plans that have
5127 not been finally determined to be in compliance with this part,
5128 and except as provided in s. 163.3189(2) or s. 163.3191 s.
5129 163.3191(11).
5130 (11)(12) GOOD FAITH FILING.—The signature of an attorney or
5131 party constitutes a certificate that he or she has read the
5132 pleading, motion, or other paper and that, to the best of his or
5133 her knowledge, information, and belief formed after reasonable
5134 inquiry, it is not interposed for any improper purpose, such as
5135 to harass or to cause unnecessary delay, or for economic
5136 advantage, competitive reasons, or frivolous purposes or
5137 needless increase in the cost of litigation. If a pleading,
5138 motion, or other paper is signed in violation of these
5139 requirements, the administrative law judge, upon motion or his
5140 or her own initiative, shall impose upon the person who signed
5141 it, a represented party, or both, an appropriate sanction, which
5142 may include an order to pay to the other party or parties the
5143 amount of reasonable expenses incurred because of the filing of
5144 the pleading, motion, or other paper, including a reasonable
5145 attorney’s fee.
5146 (12)(13) EXCLUSIVE PROCEEDINGS.—The proceedings under this
5147 section shall be the sole proceeding or action for a
5148 determination of whether a local government’s plan, element, or
5149 amendment is in compliance with this act.
5150 (13)(14) AREAS OF CRITICAL STATE CONCERN.—No proposed local
5151 government comprehensive plan or plan amendment which is
5152 applicable to a designated area of critical state concern shall
5153 be effective until a final order is issued finding the plan or
5154 amendment to be in compliance as defined in this section.
5155 (14)(15) PUBLIC HEARINGS.—
5156 (a) The procedure for transmittal of a complete proposed
5157 comprehensive plan or plan amendment pursuant to subsection (3)
5158 and for adoption of a comprehensive plan or plan amendment
5159 pursuant to subsection (7)(6) shall be by affirmative vote of
5160 not less than a majority of the members of the governing body
5161 present at the hearing. The adoption of a comprehensive plan or
5162 plan amendment shall be by ordinance. For the purposes of
5163 transmitting or adopting a comprehensive plan or plan amendment,
5164 the notice requirements in chapters 125 and 166 are superseded
5165 by this subsection, except as provided in this part.
5166 (b) The local governing body shall hold at least two
5167 advertised public hearings on the proposed comprehensive plan or
5168 plan amendment as follows:
5169 1. The first public hearing shall be held at the
5170 transmittal stage pursuant to subsection (3). It shall be held
5171 on a weekday at least 7 days after the day that the first
5172 advertisement is published.
5173 2. The second public hearing shall be held at the adoption
5174 stage pursuant to subsection (6) (7). It shall be held on a
5175 weekday at least 5 days after the day that the second
5176 advertisement is published.
5177 (c) The local government shall provide a sign-in form at
5178 the transmittal hearing and at the adoption hearing for persons
5179 to provide their names and mailing addresses. The sign-in form
5180 must advise that any person providing the requested information
5181 will receive a courtesy informational statement concerning
5182 publications of the state land planning agency’s notice of
5183 intent. The local government shall add to the sign-in form the
5184 name and address of any person who submits written comments
5185 concerning the proposed plan or plan amendment during the time
5186 period between the commencement of the transmittal hearing and
5187 the end of the adoption hearing. It is the responsibility of the
5188 person completing the form or providing written comments to
5189 accurately, completely, and legibly provide all information
5190 needed in order to receive the courtesy informational statement.
5191 (d) The agency shall provide a model sign-in form for
5192 providing the list to the agency which may be used by the local
5193 government to satisfy the requirements of this subsection.
5194 (e) If the proposed comprehensive plan or plan amendment
5195 changes the actual list of permitted, conditional, or prohibited
5196 uses within a future land use category or changes the actual
5197 future land use map designation of a parcel or parcels of land,
5198 the required advertisements shall be in the format prescribed by
5199 s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5200 municipality.
5201 (15)(16) COMPLIANCE AGREEMENTS.—
5202 (a) At any time following the issuance of a notice of
5203 intent to find a comprehensive plan or plan amendment not in
5204 compliance with this part or after the initiation of a hearing
5205 pursuant to subsection (8)(9), the state land planning agency
5206 and the local government may voluntarily enter into a compliance
5207 agreement to resolve one or more of the issues raised in the
5208 proceedings. Affected persons who have initiated a formal
5209 proceeding or have intervened in a formal proceeding may also
5210 enter into the compliance agreement. All parties granted
5211 intervenor status shall be provided reasonable notice of the
5212 commencement of a compliance agreement negotiation process and a
5213 reasonable opportunity to participate in such negotiation
5214 process. Negotiation meetings with local governments or
5215 intervenors shall be open to the public. The state land planning
5216 agency shall provide each party granted intervenor status with a
5217 copy of the compliance agreement within 10 days after the
5218 agreement is executed. The compliance agreement shall list each
5219 portion of the plan or plan amendment which is not in
5220 compliance, and shall specify remedial actions which the local
5221 government must complete within a specified time in order to
5222 bring the plan or plan amendment into compliance, including
5223 adoption of all necessary plan amendments. The compliance
5224 agreement may also establish monitoring requirements and
5225 incentives to ensure that the conditions of the compliance
5226 agreement are met.
5227 (b) Upon filing by the state land planning agency of a
5228 compliance agreement executed by the agency and the local
5229 government with the Division of Administrative Hearings, any
5230 administrative proceeding under ss. 120.569 and 120.57 regarding
5231 the plan or plan amendment covered by the compliance agreement
5232 shall be stayed.
5233 (c) Prior to its execution of a compliance agreement, the
5234 local government must approve the compliance agreement at a
5235 public hearing advertised at least 10 days before the public
5236 hearing in a newspaper of general circulation in the area in
5237 accordance with the advertisement requirements of subsection
5238 (15).
5239 (d) A local government may adopt a plan amendment pursuant
5240 to a compliance agreement in accordance with the requirements of
5241 paragraph (14)(15)(a). The plan amendment shall be exempt from
5242 the requirements of subsections (2)-(7). The local government
5243 shall hold a single adoption public hearing pursuant to the
5244 requirements of subparagraph (14) (15)(b)2. and paragraph (14)
5245 (15)(e). Within 10 working days after adoption of a plan
5246 amendment, the local government shall transmit the amendment to
5247 the state land planning agency as specified in the agency’s
5248 procedural rules, and shall submit one copy to the regional
5249 planning agency and to any other unit of local government or
5250 government agency in the state that has filed a written request
5251 with the governing body for a copy of the plan amendment, and
5252 one copy to any party to the proceeding under ss. 120.569 and
5253 120.57 granted intervenor status.
5254 (e) The state land planning agency, upon receipt of a plan
5255 amendment adopted pursuant to a compliance agreement, shall
5256 issue a cumulative notice of intent addressing both the
5257 compliance agreement amendment and the plan or plan amendment
5258 that was the subject of the agreement, in accordance with
5259 subsection (7) (8).
5260 (f)1. If the local government adopts a comprehensive plan
5261 amendment pursuant to a compliance agreement and a notice of
5262 intent to find the plan amendment in compliance is issued, the
5263 state land planning agency shall forward the notice of intent to
5264 the Division of Administrative Hearings and the administrative
5265 law judge shall realign the parties in the pending proceeding
5266 under ss. 120.569 and 120.57, which shall thereafter be governed
5267 by the process contained in paragraphs (8) (9)(a) and (b),
5268 including provisions relating to challenges by an affected
5269 person, burden of proof, and issues of a recommended order and a
5270 final order, except as provided in subparagraph 2. Parties to
5271 the original proceeding at the time of realignment may continue
5272 as parties without being required to file additional pleadings
5273 to initiate a proceeding, but may timely amend their pleadings
5274 to raise any challenge to the amendment which is the subject of
5275 the cumulative notice of intent, and must otherwise conform to
5276 the rules of procedure of the Division of Administrative
5277 Hearings. Any affected person not a party to the realigned
5278 proceeding may challenge the plan amendment which is the subject
5279 of the cumulative notice of intent by filing a petition with the
5280 agency as provided in subsection (8) (9). The agency shall
5281 forward the petition filed by the affected person not a party to
5282 the realigned proceeding to the Division of Administrative
5283 Hearings for consolidation with the realigned proceeding.
5284 2. If any of the issues raised by the state land planning
5285 agency in the original subsection (9) (10) proceeding are not
5286 resolved by the compliance agreement amendments, any intervenor
5287 in the original subsection (9) (10) proceeding may require those
5288 issues to be addressed in the pending consolidated realigned
5289 proceeding under ss. 120.569 and 120.57. As to those unresolved
5290 issues, the burden of proof shall be governed by subsection (9)
5291 (10).
5292 3. If the local government adopts a comprehensive plan
5293 amendment pursuant to a compliance agreement and a notice of
5294 intent to find the plan amendment not in compliance is issued,
5295 the state land planning agency shall forward the notice of
5296 intent to the Division of Administrative Hearings, which shall
5297 consolidate the proceeding with the pending proceeding and
5298 immediately set a date for hearing in the pending proceeding
5299 under ss. 120.569 and 120.57. Affected persons who are not a
5300 party to the underlying proceeding under ss. 120.569 and 120.57
5301 may challenge the plan amendment adopted pursuant to the
5302 compliance agreement by filing a petition pursuant to subsection
5303 (10).
5304 (g) If the local government fails to adopt a comprehensive
5305 plan amendment pursuant to a compliance agreement, the state
5306 land planning agency shall notify the Division of Administrative
5307 Hearings, which shall set the hearing in the pending proceeding
5308 under ss. 120.569 and 120.57 at the earliest convenient time.
5309 (h) This subsection does not prohibit a local government
5310 from amending portions of its comprehensive plan other than
5311 those which are the subject of the compliance agreement.
5312 However, such amendments to the plan may not be inconsistent
5313 with the compliance agreement.
5314 (i) Nothing in this subsection is intended to limit the
5315 parties from entering into a compliance agreement at any time
5316 before the final order in the proceeding is issued, provided
5317 that the provisions of paragraph (c) shall apply regardless of
5318 when the compliance agreement is reached.
5319 (j) Nothing in this subsection is intended to force any
5320 party into settlement against its will or to preclude the use of
5321 other informal dispute resolution methods, such as the services
5322 offered by the Florida Growth Management Dispute Resolution
5323 Consortium, in the course of or in addition to the method
5324 described in this subsection.
5325 (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
5326 local government that has adopted a community vision and urban
5327 service boundary under s. 163.3177(13) and (14) may adopt a plan
5328 amendment related to map amendments solely to property within an
5329 urban service boundary in the manner described in subsections
5330 (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5331 and e., 2., and 3., such that state and regional agency review
5332 is eliminated. The department may not issue an objections,
5333 recommendations, and comments report on proposed plan amendments
5334 or a notice of intent on adopted plan amendments; however,
5335 affected persons, as defined by paragraph (1)(a), may file a
5336 petition for administrative review pursuant to the requirements
5337 of s. 163.3187(3)(a) to challenge the compliance of an adopted
5338 plan amendment. This subsection does not apply to any amendment
5339 within an area of critical state concern, to any amendment that
5340 increases residential densities allowable in high-hazard coastal
5341 areas as defined in s. 163.3178(2)(h), or to a text change to
5342 the goals, policies, or objectives of the local government’s
5343 comprehensive plan. Amendments submitted under this subsection
5344 are exempt from the limitation on the frequency of plan
5345 amendments in s. 163.3187.
5346 (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
5347 municipality that has a designated urban infill and
5348 redevelopment area under s. 163.2517 may adopt a plan amendment
5349 related to map amendments solely to property within a designated
5350 urban infill and redevelopment area in the manner described in
5351 subsections (1), (2), (7), (14), (15), and (16) and s.
5352 163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5353 regional agency review is eliminated. The department may not
5354 issue an objections, recommendations, and comments report on
5355 proposed plan amendments or a notice of intent on adopted plan
5356 amendments; however, affected persons, as defined by paragraph
5357 (1)(a), may file a petition for administrative review pursuant
5358 to the requirements of s. 163.3187(3)(a) to challenge the
5359 compliance of an adopted plan amendment. This subsection does
5360 not apply to any amendment within an area of critical state
5361 concern, to any amendment that increases residential densities
5362 allowable in high-hazard coastal areas as defined in s.
5363 163.3178(2)(h), or to a text change to the goals, policies, or
5364 objectives of the local government’s comprehensive plan.
5365 Amendments submitted under this subsection are exempt from the
5366 limitation on the frequency of plan amendments in s. 163.3187.
5367 (19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.—Any local
5368 government that identifies in its comprehensive plan the types
5369 of housing developments and conditions for which it will
5370 consider plan amendments that are consistent with the local
5371 housing incentive strategies identified in s. 420.9076 and
5372 authorized by the local government may expedite consideration of
5373 such plan amendments. At least 30 days prior to adopting a plan
5374 amendment pursuant to this subsection, the local government
5375 shall notify the state land planning agency of its intent to
5376 adopt such an amendment, and the notice shall include the local
5377 government’s evaluation of site suitability and availability of
5378 facilities and services. A plan amendment considered under this
5379 subsection shall require only a single public hearing before the
5380 local governing body, which shall be a plan amendment adoption
5381 hearing as described in subsection (7). The public notice of the
5382 hearing required under subparagraph (15)(b)2. must include a
5383 statement that the local government intends to use the expedited
5384 adoption process authorized under this subsection. The state
5385 land planning agency shall issue its notice of intent required
5386 under subsection (8) within 30 days after determining that the
5387 amendment package is complete. Any further proceedings shall be
5388 governed by subsections (9)-(16).
5389 Section 19. Subsection (6) of section 163.3187, Florida
5390 Statutes, is amended to read:
5391 163.3187 Process for adoption of small-scale comprehensive
5392 plan amendment of adopted comprehensive plan.—
5393 (1) Amendments to comprehensive plans adopted pursuant to
5394 this part may be made not more than two times during any
5395 calendar year, except:
5396 (a) In the case of an emergency, comprehensive plan
5397 amendments may be made more often than twice during the calendar
5398 year if the additional plan amendment receives the approval of
5399 all of the members of the governing body. “Emergency” means any
5400 occurrence or threat thereof whether accidental or natural,
5401 caused by humankind, in war or peace, which results or may
5402 result in substantial injury or harm to the population or
5403 substantial damage to or loss of property or public funds.
5404 (b) Any local government comprehensive plan amendments
5405 directly related to a proposed development of regional impact,
5406 including changes which have been determined to be substantial
5407 deviations and including Florida Quality Developments pursuant
5408 to s. 380.061, may be initiated by a local planning agency and
5409 considered by the local governing body at the same time as the
5410 application for development approval using the procedures
5411 provided for local plan amendment in this section and applicable
5412 local ordinances.
5413 (1)(c) Any local government comprehensive plan amendments
5414 directly related to proposed small scale development activities
5415 may be approved without regard to statutory limits on the
5416 frequency of consideration of amendments to the local
5417 comprehensive plan. A small scale development amendment may be
5418 adopted only under the following conditions:
5419 (a)1. The proposed amendment involves a use of 10 acres or
5420 fewer and:
5421 (b)a. The cumulative annual effect of the acreage for all
5422 small scale development amendments adopted by the local
5423 government shall not exceed:
5424 (I) a maximum of 120 acres in a calendar year. local
5425 government that contains areas specifically designated in the
5426 local comprehensive plan for urban infill, urban redevelopment,
5427 or downtown revitalization as defined in s. 163.3164, urban
5428 infill and redevelopment areas designated under s. 163.2517,
5429 transportation concurrency exception areas approved pursuant to
5430 s. 163.3180(5), or regional activity centers and urban central
5431 business districts approved pursuant to s. 380.06(2)(e);
5432 however, amendments under this paragraph may be applied to no
5433 more than 60 acres annually of property outside the designated
5434 areas listed in this sub-sub-subparagraph. Amendments adopted
5435 pursuant to paragraph (k) shall not be counted toward the
5436 acreage limitations for small scale amendments under this
5437 paragraph.
5438 (II) A maximum of 80 acres in a local government that does
5439 not contain any of the designated areas set forth in sub-sub
5440 subparagraph (I).
5441 (III) A maximum of 120 acres in a county established
5442 pursuant to s. 9, Art. VIII of the State Constitution.
5443 b. The proposed amendment does not involve the same
5444 property granted a change within the prior 12 months.
5445 c. The proposed amendment does not involve the same owner’s
5446 property within 200 feet of property granted a change within the
5447 prior 12 months.
5448 (c)d. The proposed amendment does not involve a text change
5449 to the goals, policies, and objectives of the local government’s
5450 comprehensive plan, but only proposes a land use change to the
5451 future land use map for a site-specific small scale development
5452 activity. However, text changes that relate directly to, and are
5453 adopted simultaneously with, the small scale future land use map
5454 amendment shall be permissible under this section.
5455 (d)e. The property that is the subject of the proposed
5456 amendment is not located within an area of critical state
5457 concern, unless the project subject to the proposed amendment
5458 involves the construction of affordable housing units meeting
5459 the criteria of s. 420.0004(3), and is located within an area of
5460 critical state concern designated by s. 380.0552 or by the
5461 Administration Commission pursuant to s. 380.05(1). Such
5462 amendment is not subject to the density limitations of sub
5463 subparagraph f., and shall be reviewed by the state land
5464 planning agency for consistency with the principles for guiding
5465 development applicable to the area of critical state concern
5466 where the amendment is located and shall not become effective
5467 until a final order is issued under s. 380.05(6).
5468 f. If the proposed amendment involves a residential land
5469 use, the residential land use has a density of 10 units or less
5470 per acre or the proposed future land use category allows a
5471 maximum residential density of the same or less than the maximum
5472 residential density allowable under the existing future land use
5473 category, except that this limitation does not apply to small
5474 scale amendments involving the construction of affordable
5475 housing units meeting the criteria of s. 420.0004(3) on property
5476 which will be the subject of a land use restriction agreement,
5477 or small scale amendments described in sub-sub-subparagraph
5478 a.(I) that are designated in the local comprehensive plan for
5479 urban infill, urban redevelopment, or downtown revitalization as
5480 defined in s. 163.3164, urban infill and redevelopment areas
5481 designated under s. 163.2517, transportation concurrency
5482 exception areas approved pursuant to s. 163.3180(5), or regional
5483 activity centers and urban central business districts approved
5484 pursuant to s. 380.06(2)(e).
5485 2.a. A local government that proposes to consider a plan
5486 amendment pursuant to this paragraph is not required to comply
5487 with the procedures and public notice requirements of s.
5488 163.3184(15)(c) for such plan amendments if the local government
5489 complies with the provisions in s. 125.66(4)(a) for a county or
5490 in s. 166.041(3)(c) for a municipality. If a request for a plan
5491 amendment under this paragraph is initiated by other than the
5492 local government, public notice is required.
5493 b. The local government shall send copies of the notice and
5494 amendment to the state land planning agency, the regional
5495 planning council, and any other person or entity requesting a
5496 copy. This information shall also include a statement
5497 identifying any property subject to the amendment that is
5498 located within a coastal high-hazard area as identified in the
5499 local comprehensive plan.
5500 (2)3. Small scale development amendments adopted pursuant
5501 to this section paragraph require only one public hearing before
5502 the governing board, which shall be an adoption hearing as
5503 described in s. 163.3184(11)(7), and are not subject to the
5504 requirements of s. 163.3184(3)-(6) unless the local government
5505 elects to have them subject to those requirements.
5506 (3)4. If the small scale development amendment involves a
5507 site within an area that is designated by the Governor as a
5508 rural area of critical economic concern as defined under s.
5509 288.0656(2)(d)(7) for the duration of such designation, the 10
5510 acre limit listed in subsection (1) subparagraph 1. shall be
5511 increased by 100 percent to 20 acres. The local government
5512 approving the small scale plan amendment shall certify to the
5513 Office of Tourism, Trade, and Economic Development that the plan
5514 amendment furthers the economic objectives set forth in the
5515 executive order issued under s. 288.0656(7), and the property
5516 subject to the plan amendment shall undergo public review to
5517 ensure that all concurrency requirements and federal, state, and
5518 local environmental permit requirements are met.
5519 (d) Any comprehensive plan amendment required by a
5520 compliance agreement pursuant to s. 163.3184(16) may be approved
5521 without regard to statutory limits on the frequency of adoption
5522 of amendments to the comprehensive plan.
5523 (e) A comprehensive plan amendment for location of a state
5524 correctional facility. Such an amendment may be made at any time
5525 and does not count toward the limitation on the frequency of
5526 plan amendments.
5527 (f) The capital improvements element annual update required
5528 in s. 163.3177(3)(b)1. and any amendments directly related to
5529 the schedule.
5530 (g) Any local government comprehensive plan amendments
5531 directly related to proposed redevelopment of brownfield areas
5532 designated under s. 376.80 may be approved without regard to
5533 statutory limits on the frequency of consideration of amendments
5534 to the local comprehensive plan.
5535 (h) Any comprehensive plan amendments for port
5536 transportation facilities and projects that are eligible for
5537 funding by the Florida Seaport Transportation and Economic
5538 Development Council pursuant to s. 311.07.
5539 (i) A comprehensive plan amendment for the purpose of
5540 designating an urban infill and redevelopment area under s.
5541 163.2517 may be approved without regard to the statutory limits
5542 on the frequency of amendments to the comprehensive plan.
5543 (j) Any comprehensive plan amendment to establish public
5544 school concurrency pursuant to s. 163.3180(13), including, but
5545 not limited to, adoption of a public school facilities element
5546 and adoption of amendments to the capital improvements element
5547 and intergovernmental coordination element. In order to ensure
5548 the consistency of local government public school facilities
5549 elements within a county, such elements shall be prepared and
5550 adopted on a similar time schedule.
5551 (k) A local comprehensive plan amendment directly related
5552 to providing transportation improvements to enhance life safety
5553 on Controlled Access Major Arterial Highways identified in the
5554 Florida Intrastate Highway System, in counties as defined in s.
5555 125.011, where such roadways have a high incidence of traffic
5556 accidents resulting in serious injury or death. Any such
5557 amendment shall not include any amendment modifying the
5558 designation on a comprehensive development plan land use map nor
5559 any amendment modifying the allowable densities or intensities
5560 of any land.
5561 (l) A comprehensive plan amendment to adopt a public
5562 educational facilities element pursuant to s. 163.3177(12) and
5563 future land-use-map amendments for school siting may be approved
5564 notwithstanding statutory limits on the frequency of adopting
5565 plan amendments.
5566 (m) A comprehensive plan amendment that addresses criteria
5567 or compatibility of land uses adjacent to or in close proximity
5568 to military installations in a local government’s future land
5569 use element does not count toward the limitation on the
5570 frequency of the plan amendments.
5571 (n) Any local government comprehensive plan amendment
5572 establishing or implementing a rural land stewardship area
5573 pursuant to the provisions of s. 163.3177(11)(d).
5574 (o) A comprehensive plan amendment that is submitted by an
5575 area designated by the Governor as a rural area of critical
5576 economic concern under s. 288.0656(7) and that meets the
5577 economic development objectives may be approved without regard
5578 to the statutory limits on the frequency of adoption of
5579 amendments to the comprehensive plan.
5580 (p) Any local government comprehensive plan amendment that
5581 is consistent with the local housing incentive strategies
5582 identified in s. 420.9076 and authorized by the local
5583 government.
5584 (q) Any local government plan amendment to designate an
5585 urban service area as a transportation concurrency exception
5586 area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
5587 development-of-regional-impact process under s. 380.06(29).
5588 (4)(2) Comprehensive plans may only be amended in such a
5589 way as to preserve the internal consistency of the plan pursuant
5590 to s. 163.3177(2). Corrections, updates, or modifications of
5591 current costs which were set out as part of the comprehensive
5592 plan shall not, for the purposes of this act, be deemed to be
5593 amendments.
5594 (3)(a) The state land planning agency shall not review or
5595 issue a notice of intent for small scale development amendments
5596 which satisfy the requirements of paragraph (1)(c).
5597 (5)(a) Any affected person may file a petition with the
5598 Division of Administrative Hearings pursuant to ss. 120.569 and
5599 120.57 to request a hearing to challenge the compliance of a
5600 small scale development amendment with this act within 30 days
5601 following the local government’s adoption of the amendment and,
5602 shall serve a copy of the petition on the local government, and
5603 shall furnish a copy to the state land planning agency. An
5604 administrative law judge shall hold a hearing in the affected
5605 jurisdiction not less than 30 days nor more than 60 days
5606 following the filing of a petition and the assignment of an
5607 administrative law judge. The parties to a hearing held pursuant
5608 to this subsection shall be the petitioner, the local
5609 government, and any intervenor. In the proceeding, the plan
5610 amendment shall be determined to be in compliance if the local
5611 government’s determination that the small scale development
5612 amendment is in compliance is fairly debatable presumed to be
5613 correct. The local government’s determination shall be sustained
5614 unless it is shown by a preponderance of the evidence that the
5615 amendment is not in compliance with the requirements of this
5616 act. In any proceeding initiated pursuant to this subsection,
5617 The state land planning agency may not intervene in any
5618 proceeding initiated pursuant to this section.
5619 (b)1. If the administrative law judge recommends that the
5620 small scale development amendment be found not in compliance,
5621 the administrative law judge shall submit the recommended order
5622 to the Administration Commission for final agency action. If the
5623 administrative law judge recommends that the small scale
5624 development amendment be found in compliance, the administrative
5625 law judge shall submit the recommended order to the state land
5626 planning agency.
5627 2. If the state land planning agency determines that the
5628 plan amendment is not in compliance, the agency shall submit,
5629 within 30 days following its receipt, the recommended order to
5630 the Administration Commission for final agency action. If the
5631 state land planning agency determines that the plan amendment is
5632 in compliance, the agency shall enter a final order within 30
5633 days following its receipt of the recommended order.
5634 (c) Small scale development amendments shall not become
5635 effective until 31 days after adoption. If challenged within 30
5636 days after adoption, small scale development amendments shall
5637 not become effective until the state land planning agency or the
5638 Administration Commission, respectively, issues a final order
5639 determining that the adopted small scale development amendment
5640 is in compliance.
5641 (d) In all challenges under this subsection, when a
5642 determination of compliance as defined in s. 163.3184(1)(b) is
5643 made, consideration shall be given to the plan amendment as a
5644 whole and whether the plan amendment furthers the intent of this
5645 part.
5646 (4) Each governing body shall transmit to the state land
5647 planning agency a current copy of its comprehensive plan not
5648 later than December 1, 1985. Each governing body shall also
5649 transmit copies of any amendments it adopts to its comprehensive
5650 plan so as to continually update the plans on file with the
5651 state land planning agency.
5652 (5) Nothing in this part is intended to prohibit or limit
5653 the authority of local governments to require that a person
5654 requesting an amendment pay some or all of the cost of public
5655 notice.
5656 (6)(a) No local government may amend its comprehensive plan
5657 after the date established by the state land planning agency for
5658 adoption of its evaluation and appraisal report unless it has
5659 submitted its report or addendum to the state land planning
5660 agency as prescribed by s. 163.3191, except for plan amendments
5661 described in paragraph (1)(b) or paragraph (1)(h).
5662 (b) A local government may amend its comprehensive plan
5663 after it has submitted its adopted evaluation and appraisal
5664 report and for a period of 1 year after the initial
5665 determination of sufficiency regardless of whether the report
5666 has been determined to be insufficient.
5667 (c) A local government may not amend its comprehensive
5668 plan, except for plan amendments described in paragraph (1)(b),
5669 if the 1-year period after the initial sufficiency determination
5670 of the report has expired and the report has not been determined
5671 to be sufficient.
5672 (d) When the state land planning agency has determined that
5673 the report has sufficiently addressed all pertinent provisions
5674 of s. 163.3191, the local government may amend its comprehensive
5675 plan without the limitations imposed by paragraph (a) or
5676 paragraph (c).
5677 (e) Any plan amendment which a local government attempts to
5678 adopt in violation of paragraph (a) or paragraph (c) is invalid,
5679 but such invalidity may be overcome if the local government
5680 readopts the amendment and transmits the amendment to the state
5681 land planning agency pursuant to s. 163.3184(7) after the report
5682 is determined to be sufficient.
5683 Section 20. Section 163.3191, Florida Statutes, is amended
5684 to read:
5685 163.3191 Evaluation and appraisal of comprehensive plan.—
5686 (1) At least once every 7 years, each local government
5687 shall evaluate its comprehensive plan to determine if plan
5688 amendments are necessary to reflect changes in state
5689 requirements in this part since the last update of the
5690 comprehensive plan, and notify the state land planning agency as
5691 to its determination.
5692 (2) If the local government determines amendments to its
5693 comprehensive plan are necessary to reflect changes in state
5694 requirements, the local government shall prepare and transmit
5695 within 1 year such plan amendment or amendments for review
5696 pursuant to s. 163.3184.
5697 (3) Local governments are encouraged to comprehensively
5698 evaluate and, as necessary, update comprehensive plans to
5699 reflect changes in local conditions. Plan amendments transmitted
5700 pursuant to this section shall be reviewed in accordance with s.
5701 163.3184.
5702 (4) If a local government fails to submit its letter
5703 prescribed by subsection (1) or update its plan pursuant to
5704 subsection (2), it may not amend its comprehensive plan until
5705 such time as it complies with this section.
5706 (1) The planning program shall be a continuous and ongoing
5707 process. Each local government shall adopt an evaluation and
5708 appraisal report once every 7 years assessing the progress in
5709 implementing the local government’s comprehensive plan.
5710 Furthermore, it is the intent of this section that:
5711 (a) Adopted comprehensive plans be reviewed through such
5712 evaluation process to respond to changes in state, regional, and
5713 local policies on planning and growth management and changing
5714 conditions and trends, to ensure effective intergovernmental
5715 coordination, and to identify major issues regarding the
5716 community’s achievement of its goals.
5717 (b) After completion of the initial evaluation and
5718 appraisal report and any supporting plan amendments, each
5719 subsequent evaluation and appraisal report must evaluate the
5720 comprehensive plan in effect at the time of the initiation of
5721 the evaluation and appraisal report process.
5722 (c) Local governments identify the major issues, if
5723 applicable, with input from state agencies, regional agencies,
5724 adjacent local governments, and the public in the evaluation and
5725 appraisal report process. It is also the intent of this section
5726 to establish minimum requirements for information to ensure
5727 predictability, certainty, and integrity in the growth
5728 management process. The report is intended to serve as a summary
5729 audit of the actions that a local government has undertaken and
5730 identify changes that it may need to make. The report should be
5731 based on the local government’s analysis of major issues to
5732 further the community’s goals consistent with statewide minimum
5733 standards. The report is not intended to require a comprehensive
5734 rewrite of the elements within the local plan, unless a local
5735 government chooses to do so.
5736 (2) The report shall present an evaluation and assessment
5737 of the comprehensive plan and shall contain appropriate
5738 statements to update the comprehensive plan, including, but not
5739 limited to, words, maps, illustrations, or other media, related
5740 to:
5741 (a) Population growth and changes in land area, including
5742 annexation, since the adoption of the original plan or the most
5743 recent update amendments.
5744 (b) The extent of vacant and developable land.
5745 (c) The financial feasibility of implementing the
5746 comprehensive plan and of providing needed infrastructure to
5747 achieve and maintain adopted level-of-service standards and
5748 sustain concurrency management systems through the capital
5749 improvements element, as well as the ability to address
5750 infrastructure backlogs and meet the demands of growth on public
5751 services and facilities.
5752 (d) The location of existing development in relation to the
5753 location of development as anticipated in the original plan, or
5754 in the plan as amended by the most recent evaluation and
5755 appraisal report update amendments, such as within areas
5756 designated for urban growth.
5757 (e) An identification of the major issues for the
5758 jurisdiction and, where pertinent, the potential social,
5759 economic, and environmental impacts.
5760 (f) Relevant changes to the state comprehensive plan, the
5761 requirements of this part, the minimum criteria contained in
5762 chapter 9J-5, Florida Administrative Code, and the appropriate
5763 strategic regional policy plan since the adoption of the
5764 original plan or the most recent evaluation and appraisal report
5765 update amendments.
5766 (g) An assessment of whether the plan objectives within
5767 each element, as they relate to major issues, have been
5768 achieved. The report shall include, as appropriate, an
5769 identification as to whether unforeseen or unanticipated changes
5770 in circumstances have resulted in problems or opportunities with
5771 respect to major issues identified in each element and the
5772 social, economic, and environmental impacts of the issue.
5773 (h) A brief assessment of successes and shortcomings
5774 related to each element of the plan.
5775 (i) The identification of any actions or corrective
5776 measures, including whether plan amendments are anticipated to
5777 address the major issues identified and analyzed in the report.
5778 Such identification shall include, as appropriate, new
5779 population projections, new revised planning timeframes, a
5780 revised future conditions map or map series, an updated capital
5781 improvements element, and any new and revised goals, objectives,
5782 and policies for major issues identified within each element.
5783 This paragraph shall not require the submittal of the plan
5784 amendments with the evaluation and appraisal report.
5785 (j) A summary of the public participation program and
5786 activities undertaken by the local government in preparing the
5787 report.
5788 (k) The coordination of the comprehensive plan with
5789 existing public schools and those identified in the applicable
5790 educational facilities plan adopted pursuant to s. 1013.35. The
5791 assessment shall address, where relevant, the success or failure
5792 of the coordination of the future land use map and associated
5793 planned residential development with public schools and their
5794 capacities, as well as the joint decisionmaking processes
5795 engaged in by the local government and the school board in
5796 regard to establishing appropriate population projections and
5797 the planning and siting of public school facilities. For those
5798 counties or municipalities that do not have a public schools
5799 interlocal agreement or public school facilities element, the
5800 assessment shall determine whether the local government
5801 continues to meet the criteria of s. 163.3177(12). If the county
5802 or municipality determines that it no longer meets the criteria,
5803 it must adopt appropriate school concurrency goals, objectives,
5804 and policies in its plan amendments pursuant to the requirements
5805 of the public school facilities element, and enter into the
5806 existing interlocal agreement required by ss. 163.3177(6)(h)2.
5807 and 163.31777 in order to fully participate in the school
5808 concurrency system.
5809 (l) The extent to which the local government has been
5810 successful in identifying alternative water supply projects and
5811 traditional water supply projects, including conservation and
5812 reuse, necessary to meet the water needs identified in s.
5813 373.709(2)(a) within the local government’s jurisdiction. The
5814 report must evaluate the degree to which the local government
5815 has implemented the work plan for building public, private, and
5816 regional water supply facilities, including development of
5817 alternative water supplies, identified in the element as
5818 necessary to serve existing and new development.
5819 (m) If any of the jurisdiction of the local government is
5820 located within the coastal high-hazard area, an evaluation of
5821 whether any past reduction in land use density impairs the
5822 property rights of current residents when redevelopment occurs,
5823 including, but not limited to, redevelopment following a natural
5824 disaster. The property rights of current residents shall be
5825 balanced with public safety considerations. The local government
5826 must identify strategies to address redevelopment feasibility
5827 and the property rights of affected residents. These strategies
5828 may include the authorization of redevelopment up to the actual
5829 built density in existence on the property prior to the natural
5830 disaster or redevelopment.
5831 (n) An assessment of whether the criteria adopted pursuant
5832 to s. 163.3177(6)(a) were successful in achieving compatibility
5833 with military installations.
5834 (o) The extent to which a concurrency exception area
5835 designated pursuant to s. 163.3180(5), a concurrency management
5836 area designated pursuant to s. 163.3180(7), or a multimodal
5837 transportation district designated pursuant to s. 163.3180(15)
5838 has achieved the purpose for which it was created and otherwise
5839 complies with the provisions of s. 163.3180.
5840 (p) An assessment of the extent to which changes are needed
5841 to develop a common methodology for measuring impacts on
5842 transportation facilities for the purpose of implementing its
5843 concurrency management system in coordination with the
5844 municipalities and counties, as appropriate pursuant to s.
5845 163.3180(10).
5846 (3) Voluntary scoping meetings may be conducted by each
5847 local government or several local governments within the same
5848 county that agree to meet together. Joint meetings among all
5849 local governments in a county are encouraged. All scoping
5850 meetings shall be completed at least 1 year prior to the
5851 established adoption date of the report. The purpose of the
5852 meetings shall be to distribute data and resources available to
5853 assist in the preparation of the report, to provide input on
5854 major issues in each community that should be addressed in the
5855 report, and to advise on the extent of the effort for the
5856 components of subsection (2). If scoping meetings are held, the
5857 local government shall invite each state and regional reviewing
5858 agency, as well as adjacent and other affected local
5859 governments. A preliminary list of new data and major issues
5860 that have emerged since the adoption of the original plan, or
5861 the most recent evaluation and appraisal report-based update
5862 amendments, should be developed by state and regional entities
5863 and involved local governments for distribution at the scoping
5864 meeting. For purposes of this subsection, a “scoping meeting” is
5865 a meeting conducted to determine the scope of review of the
5866 evaluation and appraisal report by parties to which the report
5867 relates.
5868 (4) The local planning agency shall prepare the evaluation
5869 and appraisal report and shall make recommendations to the
5870 governing body regarding adoption of the proposed report. The
5871 local planning agency shall prepare the report in conformity
5872 with its public participation procedures adopted as required by
5873 s. 163.3181. During the preparation of the proposed report and
5874 prior to making any recommendation to the governing body, the
5875 local planning agency shall hold at least one public hearing,
5876 with public notice, on the proposed report. At a minimum, the
5877 format and content of the proposed report shall include a table
5878 of contents; numbered pages; element headings; section headings
5879 within elements; a list of included tables, maps, and figures; a
5880 title and sources for all included tables; a preparation date;
5881 and the name of the preparer. Where applicable, maps shall
5882 include major natural and artificial geographic features; city,
5883 county, and state lines; and a legend indicating a north arrow,
5884 map scale, and the date.
5885 (5) Ninety days prior to the scheduled adoption date, the
5886 local government may provide a proposed evaluation and appraisal
5887 report to the state land planning agency and distribute copies
5888 to state and regional commenting agencies as prescribed by rule,
5889 adjacent jurisdictions, and interested citizens for review. All
5890 review comments, including comments by the state land planning
5891 agency, shall be transmitted to the local government and state
5892 land planning agency within 30 days after receipt of the
5893 proposed report.
5894 (6) The governing body, after considering the review
5895 comments and recommended changes, if any, shall adopt the
5896 evaluation and appraisal report by resolution or ordinance at a
5897 public hearing with public notice. The governing body shall
5898 adopt the report in conformity with its public participation
5899 procedures adopted as required by s. 163.3181. The local
5900 government shall submit to the state land planning agency three
5901 copies of the report, a transmittal letter indicating the dates
5902 of public hearings, and a copy of the adoption resolution or
5903 ordinance. The local government shall provide a copy of the
5904 report to the reviewing agencies which provided comments for the
5905 proposed report, or to all the reviewing agencies if a proposed
5906 report was not provided pursuant to subsection (5), including
5907 the adjacent local governments. Within 60 days after receipt,
5908 the state land planning agency shall review the adopted report
5909 and make a preliminary sufficiency determination that shall be
5910 forwarded by the agency to the local government for its
5911 consideration. The state land planning agency shall issue a
5912 final sufficiency determination within 90 days after receipt of
5913 the adopted evaluation and appraisal report.
5914 (7) The intent of the evaluation and appraisal process is
5915 the preparation of a plan update that clearly and concisely
5916 achieves the purpose of this section. Toward this end, the
5917 sufficiency review of the state land planning agency shall
5918 concentrate on whether the evaluation and appraisal report
5919 sufficiently fulfills the components of subsection (2). If the
5920 state land planning agency determines that the report is
5921 insufficient, the governing body shall adopt a revision of the
5922 report and submit the revised report for review pursuant to
5923 subsection (6).
5924 (8) The state land planning agency may delegate the review
5925 of evaluation and appraisal reports, including all state land
5926 planning agency duties under subsections (4)-(7), to the
5927 appropriate regional planning council. When the review has been
5928 delegated to a regional planning council, any local government
5929 in the region may elect to have its report reviewed by the
5930 regional planning council rather than the state land planning
5931 agency. The state land planning agency shall by agreement
5932 provide for uniform and adequate review of reports and shall
5933 retain oversight for any delegation of review to a regional
5934 planning council.
5935 (9) The state land planning agency may establish a phased
5936 schedule for adoption of reports. The schedule shall provide
5937 each local government at least 7 years from plan adoption or
5938 last established adoption date for a report and shall allot
5939 approximately one-seventh of the reports to any 1 year. In order
5940 to allow the municipalities to use data and analyses gathered by
5941 the counties, the state land planning agency shall schedule
5942 municipal report adoption dates between 1 year and 18 months
5943 later than the report adoption date for the county in which
5944 those municipalities are located. A local government may adopt
5945 its report no earlier than 90 days prior to the established
5946 adoption date. Small municipalities which were scheduled by
5947 chapter 9J-33, Florida Administrative Code, to adopt their
5948 evaluation and appraisal report after February 2, 1999, shall be
5949 rescheduled to adopt their report together with the other
5950 municipalities in their county as provided in this subsection.
5951 (10) The governing body shall amend its comprehensive plan
5952 based on the recommendations in the report and shall update the
5953 comprehensive plan based on the components of subsection (2),
5954 pursuant to the provisions of ss. 163.3184, 163.3187, and
5955 163.3189. Amendments to update a comprehensive plan based on the
5956 evaluation and appraisal report shall be adopted during a single
5957 amendment cycle within 18 months after the report is determined
5958 to be sufficient by the state land planning agency, except the
5959 state land planning agency may grant an extension for adoption
5960 of a portion of such amendments. The state land planning agency
5961 may grant a 6-month extension for the adoption of such
5962 amendments if the request is justified by good and sufficient
5963 cause as determined by the agency. An additional extension may
5964 also be granted if the request will result in greater
5965 coordination between transportation and land use, for the
5966 purposes of improving Florida’s transportation system, as
5967 determined by the agency in coordination with the Metropolitan
5968 Planning Organization program. Beginning July 1, 2006, failure
5969 to timely adopt and transmit update amendments to the
5970 comprehensive plan based on the evaluation and appraisal report
5971 shall result in a local government being prohibited from
5972 adopting amendments to the comprehensive plan until the
5973 evaluation and appraisal report update amendments have been
5974 adopted and transmitted to the state land planning agency. The
5975 prohibition on plan amendments shall commence when the update
5976 amendments to the comprehensive plan are past due. The
5977 comprehensive plan as amended shall be in compliance as defined
5978 in s. 163.3184(1)(b). Within 6 months after the effective date
5979 of the update amendments to the comprehensive plan, the local
5980 government shall provide to the state land planning agency and
5981 to all agencies designated by rule a complete copy of the
5982 updated comprehensive plan.
5983 (11) The Administration Commission may impose the sanctions
5984 provided by s. 163.3184(11) against any local government that
5985 fails to adopt and submit a report, or that fails to implement
5986 its report through timely and sufficient amendments to its local
5987 plan, except for reasons of excusable delay or valid planning
5988 reasons agreed to by the state land planning agency or found
5989 present by the Administration Commission. Sanctions for untimely
5990 or insufficient plan amendments shall be prospective only and
5991 shall begin after a final order has been issued by the
5992 Administration Commission and a reasonable period of time has
5993 been allowed for the local government to comply with an adverse
5994 determination by the Administration Commission through adoption
5995 of plan amendments that are in compliance. The state land
5996 planning agency may initiate, and an affected person may
5997 intervene in, such a proceeding by filing a petition with the
5998 Division of Administrative Hearings, which shall appoint an
5999 administrative law judge and conduct a hearing pursuant to ss.
6000 120.569 and 120.57(1) and shall submit a recommended order to
6001 the Administration Commission. The affected local government
6002 shall be a party to any such proceeding. The commission may
6003 implement this subsection by rule.
6004 (5)(12) The state land planning agency shall not adopt
6005 rules to implement this section, other than procedural rules.
6006 (13) The state land planning agency shall regularly review
6007 the evaluation and appraisal report process and submit a report
6008 to the Governor, the Administration Commission, the Speaker of
6009 the House of Representatives, the President of the Senate, and
6010 the respective community affairs committees of the Senate and
6011 the House of Representatives. The first report shall be
6012 submitted by December 31, 2004, and subsequent reports shall be
6013 submitted every 5 years thereafter. At least 9 months before the
6014 due date of each report, the Secretary of Community Affairs
6015 shall appoint a technical committee of at least 15 members to
6016 assist in the preparation of the report. The membership of the
6017 technical committee shall consist of representatives of local
6018 governments, regional planning councils, the private sector, and
6019 environmental organizations. The report shall assess the
6020 effectiveness of the evaluation and appraisal report process.
6021 (14) The requirement of subsection (10) prohibiting a local
6022 government from adopting amendments to the local comprehensive
6023 plan until the evaluation and appraisal report update amendments
6024 have been adopted and transmitted to the state land planning
6025 agency does not apply to a plan amendment proposed for adoption
6026 by the appropriate local government as defined in s.
6027 163.3178(2)(k) in order to integrate a port comprehensive master
6028 plan with the coastal management element of the local
6029 comprehensive plan as required by s. 163.3178(2)(k) if the port
6030 comprehensive master plan or the proposed plan amendment does
6031 not cause or contribute to the failure of the local government
6032 to comply with the requirements of the evaluation and appraisal
6033 report.
6034 Section 21. Present subsections (3), (4), (5), and (6) of
6035 section 163.3194, Florida Statutes, are renumbered as
6036 subsections (4), (5), (6), and (7), respectively, and a new
6037 subsection (3) is added to that section, to read:
6038 163.3194 Legal status of comprehensive plan.—
6039 (3) A governing body may not issue a development order or
6040 permit to erect, operate, use, or maintain a sign requiring a
6041 permit by s. 479.07 unless the sign is located on a parcel
6042 designated for commercial or industrial use, or located in an
6043 unzoned commercial or industrial area, or located on an unzoned
6044 commercial or industrial parcel.
6045 (a) As used in this subsection, the term:
6046 1. “Designated for commercial or industrial use” means a
6047 parcel of land designated predominately for commercial or
6048 industrial uses under both the future land use map approved by
6049 the state land planning agency and the land development
6050 regulations adopted pursuant to this chapter.
6051 2. “In an unzoned commercial or industrial area or on an
6052 unzoned commercial or industrial parcel” means an area or parcel
6053 that is not specifically designated for commercial or industrial
6054 uses under the land development regulations and is located in an
6055 area designated by the future land use map of a plan approved by
6056 the state land planning agency for multiple uses that include
6057 commercial or industrial uses within which three or more
6058 separate and distinct conforming industrial or commercial
6059 activities are located within the area as provided in s.
6060 479.01(26)(a).
6061 (b) If a parcel is located in an area designated for
6062 multiple uses on the future land use map of the comprehensive
6063 plan and the zoning category of the land development regulations
6064 does not clearly designate that parcel for a specific use, the
6065 parcel will be considered an unzoned commercial or industrial
6066 parcel if it meets the criteria of s. 479.01(26). Only
6067 activities listed under s. 479.01(26)(b) may not be recognized
6068 as commercial or industrial activities for purposes of this
6069 subsection.
6070 (c) A development order or permit to erect, operate, use,
6071 or maintain a sign issued pursuant to a plan approved by the
6072 state land planning agency on a parcel designated for commercial
6073 or industrial use, or located in an area or on a parcel which
6074 qualifies as an unzoned commercial or industrial area is under
6075 the effective control of the state and in compliance with s.
6076 479.07 and s. 479.111(2) and the Department of Transportation
6077 shall rely upon such determination by the local permitting
6078 agency for the purposes of such sections and any determinations
6079 required by s. 479.02(3) and (7).
6080 (d) Permitting action by a governing body for the erection,
6081 operation, use or maintenance of a sign requiring a permit by s.
6082 479.07, which is inconsistent with the provisions of this
6083 subsection and implemented primarily to permit such a sign, is
6084 not authorized by this subsection.
6085 (e) The provisions under this subsection may not be
6086 implemented if the US Secretary of Transportation provides
6087 written notification to the department that implementation will
6088 adversely affect the allocation of federal funds to the
6089 department.
6090 Section 22. Paragraph (b) of subsection (2) of section
6091 163.3217, Florida Statutes, is amended to read:
6092 163.3217 Municipal overlay for municipal incorporation.—
6093 (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6094 OVERLAY.—
6095 (b)1. A municipal overlay shall be adopted as an amendment
6096 to the local government comprehensive plan as prescribed by s.
6097 163.3184.
6098 2. A county may consider the adoption of a municipal
6099 overlay without regard to the provisions of s. 163.3187(1)
6100 regarding the frequency of adoption of amendments to the local
6101 comprehensive plan.
6102 Section 23. Subsection (3) of section 163.3220, Florida
6103 Statutes, is amended to read:
6104 163.3220 Short title; legislative intent.—
6105 (3) In conformity with, in furtherance of, and to implement
6106 the Community Local Government Comprehensive Planning and Land
6107 Development Regulation Act and the Florida State Comprehensive
6108 Planning Act of 1972, it is the intent of the Legislature to
6109 encourage a stronger commitment to comprehensive and capital
6110 facilities planning, ensure the provision of adequate public
6111 facilities for development, encourage the efficient use of
6112 resources, and reduce the economic cost of development.
6113 Section 24. Subsections (2) and (11) of section 163.3221,
6114 Florida Statutes, are amended to read:
6115 163.3221 Florida Local Government Development Agreement
6116 Act; definitions.—As used in ss. 163.3220-163.3243:
6117 (2) “Comprehensive plan” means a plan adopted pursuant to
6118 the Community “Local Government Comprehensive Planning and Land
6119 Development Regulation Act.”
6120 (11) “Local planning agency” means the agency designated to
6121 prepare a comprehensive plan or plan amendment pursuant to the
6122 Community “Florida Local Government Comprehensive Planning and
6123 Land Development Regulation Act.”
6124 Section 25. Section 163.3229, Florida Statutes, is amended
6125 to read:
6126 163.3229 Duration of a development agreement and
6127 relationship to local comprehensive plan.—The duration of a
6128 development agreement may shall not exceed 2030 years, unless it
6129 is. It may be extended by mutual consent of the governing body
6130 and the developer, subject to a public hearing in accordance
6131 with s. 163.3225. No development agreement shall be effective or
6132 be implemented by a local government unless the local
6133 government’s comprehensive plan and plan amendments implementing
6134 or related to the agreement are found in compliance by the state
6135 land planning agency in accordance with s. 163.3184, s.
6136 163.3187, or s. 163.3189.
6137 Section 26. Section 163.3235, Florida Statutes, is amended
6138 to read:
6139 163.3235 Periodic review of a development agreement.—A
6140 local government shall review land subject to a development
6141 agreement at least once every 12 months to determine if there
6142 has been demonstrated good faith compliance with the terms of
6143 the development agreement. For each annual review conducted
6144 during years 6 through 10 of a development agreement, the review
6145 shall be incorporated into a written report which shall be
6146 submitted to the parties to the agreement and the state land
6147 planning agency. The state land planning agency shall adopt
6148 rules regarding the contents of the report, provided that the
6149 report shall be limited to the information sufficient to
6150 determine the extent to which the parties are proceeding in good
6151 faith to comply with the terms of the development agreement. If
6152 the local government finds, on the basis of substantial
6153 competent evidence, that there has been a failure to comply with
6154 the terms of the development agreement, the agreement may be
6155 revoked or modified by the local government.
6156 Section 27. Section 163.3239, Florida Statutes, is amended
6157 to read:
6158 163.3239 Recording and effectiveness of a development
6159 agreement.—Within 14 days after a local government enters into a
6160 development agreement, the local government shall record the
6161 agreement with the clerk of the circuit court in the county
6162 where the local government is located. A copy of the recorded
6163 development agreement shall be submitted to the state land
6164 planning agency within 14 days after the agreement is recorded.
6165 A development agreement shall not be effective until it is
6166 properly recorded in the public records of the county and until
6167 30 days after having been received by the state land planning
6168 agency pursuant to this section. The burdens of the development
6169 agreement shall be binding upon, and the benefits of the
6170 agreement shall inure to, all successors in interest to the
6171 parties to the agreement.
6172 Section 28. Section 163.3243, Florida Statutes, is amended
6173 to read:
6174 163.3243 Enforcement.—Any party or, any aggrieved or
6175 adversely affected person as defined in s. 163.3215(2), or the
6176 state land planning agency may file an action for injunctive
6177 relief in the circuit court where the local government is
6178 located to enforce the terms of a development agreement or to
6179 challenge compliance of the agreement with the provisions of ss.
6180 163.3220-163.3243.
6181 Section 29. Section 163.3245, Florida Statutes, is amended
6182 to read:
6183 163.3245 Optional Sector plans.—
6184 (1) In recognition of the benefits of conceptual long-range
6185 planning for the buildout of an area, and detailed planning for
6186 specific areas, as a demonstration project, the requirements of
6187 s. 380.06 may be addressed as identified by this section for up
6188 to five local governments or combinations of local governments
6189 may which adopt into their the comprehensive plans a plan an
6190 optional sector plan in accordance with this section. This
6191 section is intended to promote and encourage long-term planning
6192 for conservation, development, and agriculture on a landscape
6193 scale; to further the intent of s. 163.3177(11), which supports
6194 innovative and flexible planning and development strategies, and
6195 the purposes of this part, and part I of chapter 380; to
6196 facilitate protection of regionally significant resources,
6197 including, but not limited to, regionally significant water
6198 courses and wildlife corridors;, and to avoid duplication of
6199 effort in terms of the level of data and analysis required for a
6200 development of regional impact, while ensuring the adequate
6201 mitigation of impacts to applicable regional resources and
6202 facilities, including those within the jurisdiction of other
6203 local governments, as would otherwise be provided. Optional
6204 Sector plans are intended for substantial geographic areas that
6205 include including at least 15,000 5,000 acres of one or more
6206 local governmental jurisdictions and are to emphasize urban form
6207 and protection of regionally significant resources and public
6208 facilities. A The state land planning agency may approve
6209 optional sector plans of less than 5,000 acres based on local
6210 circumstances if it is determined that the plan would further
6211 the purposes of this part and part I of chapter 380. Preparation
6212 of an optional sector plan is authorized by agreement between
6213 the state land planning agency and the applicable local
6214 governments under s. 163.3171(4). An optional sector plan may be
6215 adopted through one or more comprehensive plan amendments under
6216 s. 163.3184. However, an optional sector plan may not be adopted
6217 authorized in an area of critical state concern.
6218 (2) Upon the request of a local government having
6219 jurisdiction, The state land planning agency may enter into an
6220 agreement to authorize preparation of an optional sector plan
6221 upon the request of one or more local governments based on
6222 consideration of problems and opportunities presented by
6223 existing development trends; the effectiveness of current
6224 comprehensive plan provisions; the potential to further the
6225 state comprehensive plan, applicable strategic regional policy
6226 plans, this part, and part I of chapter 380; and those factors
6227 identified by s. 163.3177(10)(i). the applicable regional
6228 planning council shall conduct a scoping meeting with affected
6229 local governments and those agencies identified in s.
6230 163.3184(4) before preparation of the sector plan execution of
6231 the agreement authorized by this section. The purpose of this
6232 meeting is to assist the state land planning agency and the
6233 local government in the identification of the relevant planning
6234 issues to be addressed and the data and resources available to
6235 assist in the preparation of the sector plan. In the event that
6236 a scoping meeting is conducted, subsequent plan amendments. the
6237 regional planning council shall make written recommendations to
6238 the state land planning agency and affected local governments,
6239 on the issues requested by the local government. The scoping
6240 meeting shall be noticed and open to the public. In the event
6241 that the entire planning area proposed for the sector plan is
6242 within the jurisdiction of two or more local governments, some
6243 or all of them may enter into a joint planning agreement
6244 pursuant to s. 163.3171 with respect to including whether a
6245 sustainable sector plan would be appropriate. The agreement must
6246 define the geographic area to be subject to the sector plan, the
6247 planning issues that will be emphasized, procedures requirements
6248 for intergovernmental coordination to address
6249 extrajurisdictional impacts, supporting application materials
6250 including data and analysis, and procedures for public
6251 participation, or other issues. An agreement may address
6252 previously adopted sector plans that are consistent with the
6253 standards in this section. Before executing an agreement under
6254 this subsection, the local government shall hold a duly noticed
6255 public workshop to review and explain to the public the optional
6256 sector planning process and the terms and conditions of the
6257 proposed agreement. The local government shall hold a duly
6258 noticed public hearing to execute the agreement. All meetings
6259 between the department and the local government must be open to
6260 the public.
6261 (3) Optional Sector planning encompasses two levels:
6262 adoption pursuant to under s. 163.3184 of a conceptual long-term
6263 master plan for the entire planning area as part of the
6264 comprehensive plan, and adoption by local development order of
6265 two or more buildout overlay to the comprehensive plan, having
6266 no immediate effect on the issuance of development orders or the
6267 applicability of s. 380.06, and adoption under s. 163.3184 of
6268 detailed specific area plans that implement the conceptual long
6269 term master plan buildout overlay and authorize issuance of
6270 development orders, and within which s. 380.06 is waived. Until
6271 such time as a detailed specific area plan is adopted, the
6272 underlying future land use designations apply.
6273 (a) In addition to the other requirements of this chapter,
6274 a long-term master plan pursuant to this section conceptual
6275 long-term buildout overlay must include maps, illustrations, and
6276 text supported by data and analysis to address the following:
6277 1. A long-range conceptual framework map that, at a
6278 minimum, generally depicts identifies anticipated areas of
6279 urban, agricultural, rural, and conservation land use,
6280 identifies allowed uses in various parts of the planning area,
6281 specifies maximum and minimum densities and intensities of use,
6282 and provides the general framework for the development pattern
6283 in developed areas with graphic illustrations based on a
6284 hierarchy of places and functional place-making components.
6285 2. A general identification of the water supplies needed
6286 and available sources of water, including water resource
6287 development and water supply development projects, and water
6288 conservation measures needed to meet the projected demand of the
6289 future land uses in the long-term master plan.
6290 3. A general identification of the transportation
6291 facilities to serve the future land uses in the long-term master
6292 plan, including guidelines to be used to establish each modal
6293 component intended to optimize mobility.
6294 4. A general identification of other regionally significant
6295 public facilities consistent with chapter 9J-2, Florida
6296 Administrative Code, irrespective of local governmental
6297 jurisdiction necessary to support buildout of the anticipated
6298 future land uses, which may include central utilities provided
6299 on site within the planning area, and policies setting forth the
6300 procedures to be used to mitigate the impacts of future land
6301 uses on public facilities.
6302 5.3. A general identification of regionally significant
6303 natural resources within the planning area based on the best
6304 available data and policies setting forth the procedures for
6305 protection or conservation of specific resources consistent with
6306 the overall conservation and development strategy for the
6307 planning area consistent with chapter 9J-2, Florida
6308 Administrative Code.
6309 6.4. General principles and guidelines addressing that
6310 address the urban form and the interrelationships of anticipated
6311 future land uses; the protection and, as appropriate,
6312 restoration and management of lands identified for permanent
6313 preservation through recordation of conservation easements
6314 consistent with s. 704.06, which shall be phased or staged in
6315 coordination with detailed specific area plans to reflect phased
6316 or staged development within the planning area; and a
6317 discussion, at the applicant’s option, of the extent, if any, to
6318 which the plan will address restoring key ecosystems, achieving
6319 a more clean, healthy environment;, limiting urban sprawl;
6320 providing a range of housing types;, protecting wildlife and
6321 natural areas;, advancing the efficient use of land and other
6322 resources;, and creating quality communities of a design that
6323 promotes travel by multiple transportation modes; and enhancing
6324 the prospects for the creation of jobs.
6325 7.5. Identification of general procedures and policies to
6326 facilitate ensure intergovernmental coordination to address
6327 extrajurisdictional impacts from the future land uses long-range
6328 conceptual framework map.
6329
6330 A long-term master plan adopted pursuant to this section shall
6331 be based upon a planning period longer than the generally
6332 applicable planning period of the local comprehensive plan,
6333 shall specify the projected population within the planning area
6334 during the chosen planning period, and may include a phasing or
6335 staging schedule that allocates a portion of the local
6336 government’s future growth to the planning area through the
6337 planning period. It shall not be a requirement for a long-term
6338 master plan adopted pursuant to this section to demonstrate need
6339 based upon projected population growth or on any other basis.
6340 (b) In addition to the other requirements of this chapter,
6341 including those in paragraph (a), the detailed specific area
6342 plans shall be consistent with the long-term master plan and
6343 must include conditions and commitments which provide for:
6344 1. Development or conservation of an area of adequate size
6345 to accommodate a level of development which achieves a
6346 functional relationship between a full range of land uses within
6347 the area and to encompass at least 1,000 acres consistent with
6348 the long-term master plan. The local government state land
6349 planning agency may approve detailed specific area plans of less
6350 than 1,000 acres based on local circumstances if it is
6351 determined that the detailed specific area plan furthers the
6352 purposes of this part and part I of chapter 380.
6353 2. Detailed identification and analysis of the maximum and
6354 minimum densities and intensities of use, and the distribution,
6355 extent, and location of future land uses.
6356 3. Detailed identification of water resource development
6357 and water supply development projects and related
6358 infrastructure, and water conservation measures to address water
6359 needs of development in the detailed specific area plan.
6360 4. Detailed identification of the transportation facilities
6361 to serve the future land uses in the detailed specific area
6362 plan.
6363 5.3. Detailed identification of other regionally
6364 significant public facilities, including public facilities
6365 outside the jurisdiction of the host local government,
6366 anticipated impacts of future land uses on those facilities, and
6367 required improvements consistent with the long-term master plan
6368 chapter 9J-2, Florida Administrative Code.
6369 6.4. Public facilities necessary to serve development in
6370 the detailed specific area plan for the short term, including
6371 developer contributions in a financially feasible 5-year capital
6372 improvement schedule of the affected local government.
6373 7.5. Detailed analysis and identification of specific
6374 measures to assure the protection or conservation of lands
6375 identified in the long-term master plan to be permanently
6376 preserved within the planning area through recordation of a
6377 conservation easement consistent with s. 704.06 and, as
6378 appropriate, restored or managed, of regionally significant
6379 natural resources and other important resources both within and
6380 outside the host jurisdiction, including those regionally
6381 significant resources identified in chapter 9J-2, Florida
6382 Administrative Code.
6383 8.6. Detailed principles and guidelines addressing that
6384 address the urban form and the interrelationships of anticipated
6385 future land uses; and a discussion, at the applicant’s option,
6386 of the extent, if any, to which the plan will address restoring
6387 key ecosystems, achieving a more clean, healthy environment;,
6388 limiting urban sprawl;, providing a range of housing types;
6389 protecting wildlife and natural areas;, advancing the efficient
6390 use of land and other resources;, and creating quality
6391 communities of a design that promotes travel by multiple
6392 transportation modes; and enhancing the prospects for the
6393 creation of jobs.
6394 9.7. Identification of specific procedures to facilitate
6395 ensure intergovernmental coordination to address
6396 extrajurisdictional impacts from of the detailed specific area
6397 plan.
6398
6399 A detailed specific area plan adopted by local development order
6400 pursuant to this section may be based upon a planning period
6401 longer than the generally applicable planning period of the
6402 local comprehensive plan and shall specify the projected
6403 population within the specific planning area during the chosen
6404 planning period. It shall not be a requirement for a detailed
6405 specific area plan adopted pursuant to this section to
6406 demonstrate need based upon projected population growth or on
6407 any other basis.
6408 (c) In its review of a long-term master plan, the state
6409 land planning agency shall consult with the Department of
6410 Agriculture and Consumer Services, the Department of
6411 Environmental Protection, the Fish and Wildlife Conservation
6412 Commission, and the applicable water management district
6413 regarding the design of areas for protection and conservation of
6414 regionally significant natural resources and for the protection
6415 and, as appropriate, restoration and management of lands
6416 identified for permanent preservation.
6417 (d) In its review of a long-term master plan, the state
6418 land planning agency shall consult with the Department of
6419 Transportation, the applicable metropolitan planning
6420 organization, and any urban transit agency regarding the
6421 location, capacity, design, and phasing or staging of major
6422 transportation facilities in the planning area.
6423 (e) The state land planning agency may initiate a civil
6424 action pursuant to s. 163.3215 with respect to a detailed
6425 specific area plan that is not consistent with a long-term
6426 master plan adopted pursuant to this section. For purposes of
6427 such a proceeding, the state land planning agency shall be
6428 deemed an aggrieved and adversely affected party. Regardless of
6429 whether the local government has adopted an ordinance that
6430 establishes a local process that meets the requirements of s.
6431 163.3215(4), judicial review of a detailed specific area plan
6432 initiated by the state land planning agency shall be de novo
6433 pursuant to s. 163.3215(3) and not by petition for writ of
6434 certiorari pursuant to s. 163.3215(4). Any other aggrieved or
6435 adversely affected party shall be subject to s. 163.3215 in all
6436 respects when initiating a consistency challenge to a detailed
6437 specific area plan.
6438 (f)(c) This subsection does may not be construed to prevent
6439 preparation and approval of the optional sector plan and
6440 detailed specific area plan concurrently or in the same
6441 submission.
6442 (4) Upon the long-term master plan becoming legally
6443 effective:
6444 (a) Any long-range transportation plan developed by a
6445 metropolitan planning organization pursuant to s. 339.175(7)
6446 must be consistent, to the maximum extent feasible, with the
6447 long-term master plan, including, but not limited to, the
6448 projected population, the approved uses and densities and
6449 intensities of use and their distribution within the planning
6450 area. The transportation facilities identified in adopted plans
6451 pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be
6452 developed in coordination with the adopted M.P.O. long-range
6453 transportation plan.
6454 (b) The water needs, sources and water resource
6455 development, and water supply development projects identified in
6456 adopted plans pursuant to sub-subparagraphs (3)(a)2. and
6457 (3)(b)3. shall be incorporated into the applicable district and
6458 regional water supply plans adopted in accordance with ss.
6459 373.036 and 373.709. Accordingly, and notwithstanding the permit
6460 durations stated in s. 373.236, an applicant may request and the
6461 applicable district may issue consumptive use permits for
6462 durations commensurate with the long-term master plan or
6463 detailed specific area plan, considering the ability of the
6464 master-plan area to contribute to regional water supply
6465 availability and the need to maximize reasonable-beneficial use
6466 of the water resource. The permitting criteria in s. 373.223
6467 shall be applied based upon the projected population, the
6468 approved densities and intensities of use and their distribution
6469 in the long-term master plan, however, the allocation of the
6470 water may be phased over the permit duration to correspond to
6471 actual projected needs. Nothing in this paragraph is intended to
6472 supersede the public interest test set forth in s. 373.223. The
6473 host local government shall submit a monitoring report to the
6474 state land planning agency and applicable regional planning
6475 council on an annual basis after adoption of a detailed specific
6476 area plan. The annual monitoring report must provide summarized
6477 information on development orders issued, development that has
6478 occurred, public facility improvements made, and public facility
6479 improvements anticipated over the upcoming 5 years.
6480 (5) When a plan amendment adopting a detailed specific area
6481 plan has become effective for a portion of the planning area
6482 governed by a long-term master plan adopted pursuant to this
6483 section under ss. 163.3184 and 163.3189(2), the provisions of s.
6484 380.06 do not apply to development within the geographic area of
6485 the detailed specific area plan. However, any development-of
6486 regional-impact development order that is vested from the
6487 detailed specific area plan may be enforced pursuant to under s.
6488 380.11.
6489 (a) The local government adopting the detailed specific
6490 area plan is primarily responsible for monitoring and enforcing
6491 the detailed specific area plan. Local governments shall not
6492 issue any permits or approvals or provide any extensions of
6493 services to development that are not consistent with the
6494 detailed specific sector area plan.
6495 (b) If the state land planning agency has reason to believe
6496 that a violation of any detailed specific area plan, or of any
6497 agreement entered into under this section, has occurred or is
6498 about to occur, it may institute an administrative or judicial
6499 proceeding to prevent, abate, or control the conditions or
6500 activity creating the violation, using the procedures in s.
6501 380.11.
6502 (c) In instituting an administrative or judicial proceeding
6503 involving an optional sector plan or detailed specific area
6504 plan, including a proceeding pursuant to paragraph (b), the
6505 complaining party shall comply with the requirements of s.
6506 163.3215(4), (5), (6), and (7), except as provided by paragraph
6507 (3)(d).
6508 (d) The detailed specific area plan shall establish a
6509 buildout date until which the approved development shall not be
6510 subject to downzoning, unit density reduction, or intensity
6511 reduction, unless the local government can demonstrate that
6512 implementation of the plan is not continuing in good faith based
6513 on standards established by plan policy, or that substantial
6514 changes in the conditions underlying the approval of the
6515 detailed specific area plan have occurred, or that the detailed
6516 specific area plan was based on substantially inaccurate
6517 information provided by the applicant, or that the change is
6518 clearly established to be essential to the public health,
6519 safety, or welfare.
6520 (6) Concurrent with or subsequent to review and adoption of
6521 a long-term master plan pursuant to paragraph (3)(a), an
6522 applicant may apply for master development approval pursuant to
6523 s. 380.06(21) for the entire planning area in order to establish
6524 a buildout date until which the approved uses and densities and
6525 intensities of use of the master plan shall not be subject to
6526 downzoning, unit density reduction, or intensity reduction,
6527 unless the local government can demonstrate that implementation
6528 of the master plan is not continuing in good faith based on
6529 standards established by plan policy, or that substantial
6530 changes in the conditions underlying the approval of the master
6531 plan have occurred, or that the master plan was based on
6532 substantially inaccurate information provided by the applicant,
6533 or that change is clearly established to be essential to the
6534 public health, safety, or welfare. Review of the application for
6535 master development approval shall be at a level of detail
6536 appropriate for the long-term and conceptual nature of the long
6537 term master plan and, to the maximum extent possible, shall only
6538 consider information provided in the application for a long-term
6539 master plan. Notwithstanding any provision of s. 380.06 to the
6540 contrary, an increment of development in such an approved master
6541 development plan shall be approved by a detailed specific area
6542 plan pursuant to paragraph (3)(b) and shall be exempt from
6543 review pursuant to s. 380.06. Beginning December 1, 1999, and
6544 each year thereafter, the department shall provide a status
6545 report to the Legislative Committee on Intergovernmental
6546 Relations regarding each optional sector plan authorized under
6547 this section.
6548 (7) A developer within an area subject to a long-term
6549 master plan which meets the requirements of paragraph (3)(a) and
6550 subsection (6) or a detailed specific area plan which meets the
6551 requirements of paragraph (3)(b) may enter into a development
6552 agreement with a local government pursuant to ss. 163.3220
6553 163.3243. The duration of such a development agreement may be
6554 through the planning period of the long-term master plan or the
6555 detailed specific area plan, as the case may be, notwithstanding
6556 the limit on the duration of a development agreement pursuant to
6557 s. 163.3229.
6558 (8) Any owner of property within the planning area of a
6559 proposed long-term master plan may withdraw his consent to the
6560 master plan at any time prior to local government adoption, and
6561 the local government shall exclude such parcels from the adopted
6562 master plan. Thereafter, the long-term master plan, any detailed
6563 specific area plan, and the exemption from development-of
6564 regional-impact review under this section shall not apply to the
6565 subject parcels. After adoption of a long-term master plan, an
6566 owner may withdraw his or her property from the master plan only
6567 with the approval of the local government by plan amendment
6568 adopted and reviewed pursuant to s. 163.3184.
6569 (9) The adoption of a long-term master plan or a detailed
6570 specific area plan pursuant to this section shall not limit the
6571 right to continue existing agricultural or silvicultural uses or
6572 other natural resource-based operations or to establish similar
6573 new uses that are consistent with the plans approved pursuant to
6574 this section.
6575 (10) The state land planning agency may enter into an
6576 agreement with a local government which, on or before July 1,
6577 2011, adopted a large-area comprehensive plan amendment
6578 consisting of at least 15,000 acres that meets the requirements
6579 for a long-term master plan in subparagraph (3)(a), after notice
6580 and public hearing by the local government, and thereafter,
6581 notwithstanding any provision of s. 380.06 or this part or any
6582 planning agreement or plan policy, that large-area plan shall be
6583 implemented through detailed specific area plans that meet the
6584 requirements of subparagraph (3)(b) and shall otherwise be
6585 subject to the provisions of this section.
6586 (11) Notwithstanding any provision to the contrary of s.
6587 380.06 or part II of chapter 163 or any planning agreement or
6588 plan policy, a landowner or developer who has received approval
6589 of a master development of regional impact development order
6590 pursuant to s. 380.06(21) may apply to implement this order by
6591 filing one or more applications to approve detailed specific
6592 area plan pursuant to paragraph (3)(b).
6593 (12) Notwithstanding the provisions of this section, a
6594 detailed specific area plan to implement a conceptual long-term
6595 buildout overlay adopted by a local government and found in
6596 compliance prior to July 1, 2011, shall be governed by the
6597 provisions of this section.
6598 (13)(7) This section may not be construed to abrogate the
6599 rights of any person under this chapter.
6600 Section 30. Section 163.3247, Florida Statutes, as amended
6601 by section 42 of chapter 2010-153, Laws of Florida, is amended,
6602 and subsection (6) is added to that section, to read:
6603 163.3247 Century Commission for a Sustainable Florida.—
6604 (1) POPULAR NAME.—This section may be cited as the “Century
6605 Commission for a Sustainable Florida Act.”
6606 (2) FINDINGS AND INTENT.—The Legislature finds and declares
6607 that the population of this state is expected to more than
6608 double over the next 100 years, with commensurate impacts to the
6609 state’s natural resources and public infrastructure.
6610 Consequently, it is in the best interests of the people of the
6611 state to ensure sound planning for the proper placement of this
6612 growth and protection of the state’s land, water, and other
6613 natural resources since such resources are essential to our
6614 collective quality of life and a strong economy. The state’s
6615 growth management system should foster economic stability
6616 through regional solutions and strategies, urban renewal and
6617 infill, and the continued viability of agricultural economies,
6618 while allowing for rural economic development and protecting the
6619 unique characteristics of rural areas, and should reduce the
6620 complexity of the regulatory process while carrying out the
6621 intent of the laws and encouraging greater citizen
6622 participation. The Legislature further finds that it is
6623 imperative that the state have a specific strategic plan
6624 addressing its growth management system.
6625 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
6626 ORGANIZATION.—The Century Commission for a Sustainable Florida
6627 is created as a standing body to help the citizens of this state
6628 envision and plan their collective future with an eye towards
6629 10-year, both 25-year, and 50-year horizons.
6630 (a) The commission shall consist of 18 15 members appointed
6631 as follows:,
6632 1. Two members 5 appointed by the Governor;,
6633 2. Five members 5 appointed by the President of the
6634 Senate;, and
6635 3. Five members 5 appointed by the Speaker of the House of
6636 Representatives;
6637 4. The chairs of the legislative growth management
6638 committees;
6639 5. The Secretary of Community Affairs;
6640 6. The Secretary of Environmental Protection;
6641 7. The Secretary of Transportation; and
6642 8. The director of the Office of Tourism, Trade, and
6643 Economic Development.
6644 (b) Appointments shall be made no later than October 1,
6645 2005. Members of the commission The membership must represent
6646 local governments, school boards, developers and homebuilders,
6647 the business community, the agriculture community, the
6648 environmental community, and other appropriate stakeholders.
6649 Beginning July 1, 2011, through June 30, 2013, one member shall
6650 be elected to serve as chair by a vote of the commission
6651 membership. However, the chairs of the legislative growth
6652 management committees, the Secretary of Community Affairs, the
6653 Secretary of Environmental Protection, the Secretary of
6654 Transportation, and the director of the Office of Tourism,
6655 Trade, and Economic Development may not serve as chair during
6656 this period designated by the Governor as chair of the
6657 commission. Any vacancy that occurs on the commission must be
6658 filled in the same manner as the original appointment and shall
6659 be for the unexpired term of that commission seat. Members shall
6660 serve 4-year terms, except that, initially, to provide for
6661 staggered terms, the Governor, the President of the Senate, and
6662 the Speaker of the House of Representatives shall each appoint
6663 one member to serve a 2-year term, two members to serve 3-year
6664 terms, and two members to serve 4-year terms. Members shall be
6665 appointed to serve All subsequent appointments shall be for 4
6666 year terms. An appointee may not serve more than 6 years.
6667 However, members who are appointed on or before January 1, 2011,
6668 shall have their terms automatically extended to June 30, 2013,
6669 to ensure continuity during the development of the strategic
6670 plan.
6671 (c)(b) The fiscal year of the commission begins July 1 each
6672 year and ends June 30 of the following year. The first meeting
6673 of The commission shall be held no later than December 1, 2005,
6674 and shall meet at the call of the chair but not less frequently
6675 than six three times per fiscal year in different regions of the
6676 state to solicit input from the public or any other individuals
6677 offering testimony relevant to the issues to be considered. The
6678 executive director shall establish a meeting calendar for the
6679 fiscal year which considers the availability of members. The
6680 commission must vote to approve the meeting calendar before the
6681 beginning of the fiscal year. The commission may vote to form
6682 subcommittees and schedule meetings as necessary.
6683 (d)(c) Each member of the commission is entitled to one
6684 vote, and the actions of the commission are not binding unless
6685 taken by a majority three-fifths vote of the members present. A
6686 majority of the members is required to constitute a quorum, and
6687 the affirmative vote of a quorum is required for a binding vote.
6688 (e)(d) Members of the commission shall serve without
6689 compensation, but are shall be entitled to receive reimbursement
6690 for per diem and travel expenses as provided in accordance with
6691 s. 112.061 while in the performance of their duties.
6692 (4) POWERS AND DUTIES.—(a) The commission shall:
6693 (a) Annually conduct a process through which the commission
6694 envisions the future for the state and then develops and
6695 recommends policies, plans, action steps, or strategies to
6696 assist in achieving the vision.
6697 (b) Continuously review and consider statutory and
6698 regulatory provisions, governmental processes, and societal and
6699 economic trends in its inquiry of how state, regional, and local
6700 governments and entities and citizens of this state can best
6701 accommodate projected increased populations while maintaining
6702 the natural, historical, cultural, and manmade life qualities
6703 that best represent the state.
6704 (c) bring together people representing varied interests to
6705 develop a shared image of the state and its developed and
6706 natural areas. The process should involve exploring the impact
6707 of the estimated population increase and other emerging trends
6708 and issues; creating a vision for the future; and developing a
6709 strategic action plan to achieve that vision using 10-year, 25
6710 year, and 50-year intermediate planning timeframes. The plan
6711 must:
6712 1.(d) Focus on essential state interests, defined as those
6713 interests that transcend local or regional boundaries and are
6714 most appropriately conserved, protected, and promoted at the
6715 state level;.
6716 2. Accommodate the projections for an increase in
6717 population while maintaining the state’s natural, historical,
6718 cultural, and manmade life qualities; and
6719 3. Be developed through a coordinated, integrated, and
6720 comprehensive effort across agencies, local governments, and
6721 nongovernmental stakeholders.
6722 (b) The commission shall submit the strategic plan to the
6723 Governor and the Legislature by November 15, 2012, along with
6724 progress reports by November 15, 2011, and March 15, 2012. The
6725 commission shall also make presentations, at least annually, to
6726 the Governor and the Legislature.
6727 (e) Serve as an objective, nonpartisan repository of
6728 exemplary community-building ideas and as a source to recommend
6729 strategies and practices to assist others in working
6730 collaboratively to problem solve on issues relating to growth
6731 management.
6732 (f) Annually, beginning January 16, 2007, and every year
6733 thereafter on the same date, provide to the Governor, the
6734 President of the Senate, and the Speaker of the House of
6735 Representatives a written report containing specific
6736 recommendations for addressing growth management in the state,
6737 including executive and legislative recommendations. Further,
6738 the report shall contain discussions regarding the need for
6739 intergovernmental cooperation and the balancing of environmental
6740 protection and future development and recommendations on issues,
6741 including, but not limited to, recommendations regarding
6742 dedicated sources of funding for sewer facilities, water supply
6743 and quality, transportation facilities that are not adequately
6744 addressed by the Strategic Intermodal System, and educational
6745 infrastructure to support existing development and projected
6746 population growth.
6747 (c)(g) Beginning with the 2007 Regular Session of the
6748 Legislature, the President of the Senate and the Speaker of the
6749 House of Representatives shall create a joint select committee,
6750 the task of which shall be to review the findings and
6751 recommendations of the Century Commission for a Sustainable
6752 Florida for potential action.
6753 (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.—
6754 (a) The Secretary of Community Affairs shall select An
6755 executive director shall be appointed by the Secretary of
6756 Community Affairs and ratified by the commission and of the
6757 commission, and the executive director shall serve at the
6758 pleasure of the secretary under the supervision and control of
6759 the commission under the direction of the chair.
6760 (b) The Department of Community Affairs shall provide a
6761 specific line item in its annual legislative budget request to
6762 fund the commission for the period beginning July 1, 2011,
6763 through June 30, 2013. The department may obtain additional
6764 funding through external grants. The department shall provide
6765 sufficient funds and staff support for the purpose of assisting
6766 the commission in completing the strategic plan staff and other
6767 resources necessary to accomplish the goals of the commission
6768 based upon recommendations of the Governor.
6769 (c) All agencies under the control of the Governor are
6770 directed, and all other agencies are requested, to render
6771 assistance to, and cooperate with, the commission.
6772 (6) EXPIRATION.—This section expires and the commission is
6773 abolished June 30, 2013.
6774 Section 31. Section 163.3248, Florida Statutes, is created
6775 to read:
6776 163.3248 Rural land stewardship areas.—
6777 (1) Rural land stewardship areas are designed to establish
6778 a long-term incentive based strategy to balance and guide the
6779 allocation of land so as to accommodate future land uses in a
6780 manner that protects the natural environment, stimulates
6781 economic growth and diversification, and encourages the
6782 retention of land for agriculture and other traditional rural
6783 land uses.
6784 (2) Upon written request by one or more landowners to
6785 designate lands as a rural land stewardship area, or pursuant to
6786 a private sector initiated comprehensive plan amendment, local
6787 governments may adopt by a majority vote a future land use
6788 overlay, which shall not require a demonstration of need based
6789 on population projections or any other factor, to designate all
6790 or portions of lands classified in the future land use element
6791 as predominantly agricultural, rural, open, open-rural, or a
6792 substantively equivalent land use, as a rural land stewardship
6793 area within which planning and economic incentives are applied
6794 to encourage the implementation of innovative and flexible
6795 planning and development strategies and creative land use
6796 planning techniques to support a diverse economic and employment
6797 base.
6798 (3) Rural land stewardship areas may be used to further the
6799 following broad principles of rural sustainability: restoration
6800 and maintenance of the economic value of rural land; control of
6801 urban sprawl; identification and protection of ecosystems,
6802 habitats, and natural resources; promotion and diversification
6803 of economic activity and employment opportunities within the
6804 rural areas; maintenance of the viability of the state’s
6805 agricultural economy; and protection of private property rights
6806 in rural areas of the state. Rural land stewardship areas may be
6807 multicounty in order to encourage coordinated regional
6808 stewardship planning.
6809 (4) A local government or one or more property owners may
6810 request assistance in participation of the development of a plan
6811 for the rural land stewardship area from the state land planning
6812 agency, the Department of Agriculture and Consumer Services, the
6813 Fish and Wildlife Conservation Commission, the Department of
6814 Environmental Protection, the appropriate water management
6815 district, the Department of Transportation, the regional
6816 planning council, private land owners, and stakeholders.
6817 (5) A rural land stewardship area shall be not less than
6818 10,000 acres and shall be located outside of municipalities and
6819 established urban service areas, and shall be designated by plan
6820 amendment by each local government with jurisdiction over the
6821 rural land stewardship area. The plan amendment or amendments
6822 designating a rural land stewardship area shall be subject to
6823 review pursuant to s. 163.3184 and shall provide for the
6824 following:
6825 (a) Criteria for the designation of receiving areas which
6826 shall at a minimum provide for the following: adequacy of
6827 suitable land to accommodate development so as to avoid conflict
6828 with significant environmentally sensitive areas, resources, and
6829 habitats; compatibility between and transition from higher
6830 density uses to lower intensity rural uses; and the
6831 establishment of receiving area service boundaries which provide
6832 for a transition from receiving areas and other land uses within
6833 the rural land stewardship area through limitations on the
6834 extension of services.
6835 (b) Innovative planning and development strategies to be
6836 applied within rural land stewardship areas pursuant to the
6837 provisions of this section.
6838 (c) A process for the implementation of innovative planning
6839 and development strategies within the rural land stewardship
6840 area, including those described in this subsection, which
6841 provide for a functional mix of land uses through the adoption
6842 by the local government of zoning and land development
6843 regulations applicable to the rural land stewardship area.
6844 (d) A mix of densities and intensities that would not be
6845 characterized as urban sprawl through the use of innovative
6846 strategies and creative land use techniques.
6847 (6) A receiving area may only be designated pursuant to
6848 procedures established in the local government’s land
6849 development regulations. At the time of designation of a
6850 stewardship receiving area, a listed species survey will be
6851 performed. If listed species occur on the receiving area site,
6852 the applicant shall coordinate with each appropriate local,
6853 state, or federal agency to determine if adequate provisions
6854 have been made to protect those species in accordance with
6855 applicable regulations. In determining the adequacy of
6856 provisions for the protection of listed species and their
6857 habitats, the rural land stewardship area shall be considered as
6858 a whole, and the potential impacts and protective measures taken
6859 within areas to be developed as receiving areas shall be
6860 considered in conjunction with the substantial benefits derived
6861 from lands set aside and protective measures taken outside of
6862 the designation of receiving areas.
6863 (7) Upon the adoption of a plan amendment creating a rural
6864 land stewardship area, the local government shall, by ordinance,
6865 establish a rural land stewardship overlay zoning district,
6866 which shall provide the methodology for the creation,
6867 conveyance, and use of transferable rural land use credits,
6868 hereinafter referred to as stewardship credits, the assignment
6869 and application of which shall not constitute a right to develop
6870 land, nor increase density of land, except as provided by this
6871 section. The total amount of stewardship credits within the
6872 rural land stewardship area must enable the realization of the
6873 long-term vision and goals for the rural land stewardship area,
6874 which may take into consideration the anticipated effect of the
6875 proposed receiving areas. The estimated amount of receiving area
6876 shall be projected based on available data and the development
6877 potential represented by the stewardship credits created within
6878 the rural land stewardship area must correlate to that amount.
6879 (8) Stewardship credits are subject to the following
6880 limitations:
6881 (a) Stewardship credits may exist only within a rural land
6882 stewardship area.
6883 (b) Stewardship credits may be created only from lands
6884 designated as stewardship sending areas and may be used only on
6885 lands designated as stewardship receiving areas and then solely
6886 for the purpose of implementing innovative planning and
6887 development strategies and creative land use planning techniques
6888 adopted by the local government pursuant to this section.
6889 (c) Stewardship credits can be transferred from sending
6890 areas only after a stewardship easement is placed on the sending
6891 area land assigned stewardship credits. A stewardship easement
6892 means a covenant or restrictive easement running with the land
6893 which specifies the allowable uses and development restrictions
6894 for the portion of a sending area from which stewardship credits
6895 have been transferred. The stewardship easement must be jointly
6896 held by the county and either the Department of Environmental
6897 Protection, Department of Agriculture and Consumer Services, a
6898 water management district, or a recognized statewide land trust.
6899 (d) Stewardship credits assigned to a parcel of land within
6900 a rural land stewardship area shall cease to exist if the parcel
6901 of land is removed from the rural land stewardship area by plan
6902 amendment.
6903 (e) Neither the creation of the rural land stewardship area
6904 by plan amendment nor the adoption of the rural land stewardship
6905 zoning overlay district by the local government shall displace
6906 the underlying permitted uses, density or intensity of land uses
6907 assigned to a parcel of land within the rural land stewardship
6908 area that existed before adoption of the plan amendment or
6909 zoning overlay district; however, once stewardship credits have
6910 been transferred from a designated sending area for use within a
6911 designated receiving area, the underlying density assigned to
6912 the designated sending area shall cease to exist.
6913 (f) The underlying permitted uses, density, or intensity on
6914 each parcel of land located within a rural land stewardship area
6915 shall not be increased or decreased by the local government,
6916 except as a result of the conveyance or stewardship credits, as
6917 long as the parcel remains within the rural land stewardship
6918 area.
6919 (g) Stewardship credits shall cease to exist on a parcel of
6920 land where the underlying density assigned to the parcel of land
6921 is used.
6922 (h) An increase in the density or intensity of use on a
6923 parcel of land located within a designated receiving area may
6924 occur only through the assignment or use of stewardship credits
6925 and shall not require a plan amendment. A change in the type of
6926 agricultural use on property within a rural land stewardship
6927 area shall not be considered a change in use or intensity of use
6928 and shall not require any transfer of stewardship credits.
6929 (i) A change in the density or intensity of land use on
6930 parcels located within receiving areas shall be specified in a
6931 development order that reflects the total number of stewardship
6932 credits assigned to the parcel of land and the infrastructure
6933 and support services necessary to provide for a functional mix
6934 of land uses corresponding to the plan of development.
6935 (j) Land within a rural land stewardship area may be
6936 removed from the rural land stewardship area through a plan
6937 amendment.
6938 (k) Stewardship credits may be assigned at different ratios
6939 of credits per acre according to the natural resource or other
6940 beneficial use characteristics of the land and according to the
6941 land use remaining following the transfer of credits, with the
6942 highest number of credits per acre assigned to the most
6943 environmentally valuable land or, in locations where the
6944 retention of open space and agricultural land is a priority, to
6945 such lands.
6946 (l) The use or conveyance of stewardship credits must be
6947 recorded in the public records of the county in which the
6948 property is located as a covenant or restrictive easement
6949 running with the land in favor of the county and the Department
6950 of Environmental Protection, the Department of Agriculture and
6951 Consumer Services, a water management district, or a recognized
6952 statewide land trust.
6953 (9) Owners of land within rural land stewardship sending
6954 areas should be provided other incentives, in addition to the
6955 use or conveyance of stewardship credits, to enter into rural
6956 land stewardship agreements, pursuant to existing law and rules
6957 adopted thereto, with state agencies, water management
6958 districts, the Fish and Wildlife Conservation Commission, and
6959 local governments to achieve mutually agreed upon objectives.
6960 Such incentives may include, but need not be limited to, the
6961 following:
6962 (a) Opportunity to accumulate transferable wetland and
6963 species habitat mitigation credits for use or sale.
6964 (b) Extended permit agreements.
6965 (c) Opportunities for recreational leases and ecotourism.
6966 (d) Compensation for the achievement of specified land
6967 management activities of public benefit, including, but not
6968 limited to, facility siting and corridors, recreational leases,
6969 water conservation and storage, water reuse, wastewater
6970 recycling, water supply and water resource development, nutrient
6971 reduction, environmental restoration and mitigation, public
6972 recreation, listed species protection and recovery, and wildlife
6973 corridor management and enhancement.
6974 (e) Option agreements for sale to public entities or
6975 private land conservation entities, in either fee or easement,
6976 upon achievement of specified conservation objectives.
6977 (10) The provisions of paragraph (9)(d) constitute an
6978 overlay of land use options that provide economic and regulatory
6979 incentives for landowners outside of established and planned
6980 urban service areas to conserve and manage vast areas of land
6981 for the benefit of the state’s citizens and natural environment
6982 while maintaining and enhancing the asset value of their
6983 landholdings. It is the intent of the Legislature that the
6984 provisions of this section be implemented pursuant to law and
6985 rulemaking is not authorized.
6986 (11) It is the intent of the legislature that the Rural
6987 Land Stewardship Area located in Collier County, which is
6988 consistent in all materials aspects with this section, be
6989 recognized as a Statutory Rural Land Stewardship Area, and be
6990 afforded the incentives as set forth in this section.
6991 Section 32. Section 163.32465, Florida Statutes, is amended
6992 to read:
6993 163.32465 State review of local comprehensive plans in
6994 urban areas.—
6995 (1) LEGISLATIVE FINDINGS.—
6996 (a) The Legislature finds that local governments in this
6997 state have a wide diversity of resources, conditions, abilities,
6998 and needs. The Legislature also finds that comprehensive
6999 planning has been implemented throughout the state and that it
7000 is appropriate for local governments to have the primary role in
7001 planning for their growth the needs and resources of urban areas
7002 are different from those of rural areas and that different
7003 planning and growth management approaches, strategies, and
7004 techniques are required in urban areas. The state role in
7005 overseeing growth management should reflect this diversity and
7006 should vary based on local government conditions, capabilities,
7007 needs, and extent of development. Thus, the Legislature
7008 recognizes and finds that reduced state oversight of local
7009 comprehensive planning is justified for some local governments
7010 in urban areas.
7011 (b) The Legislature finds and declares that this state’s
7012 local governments urban areas require a reduced level of state
7013 oversight because of their high degree of urbanization and the
7014 planning capabilities and resources of many of their local
7015 governments. Accordingly, the An alternative state review
7016 process that is adequate to protect issues of regional or
7017 statewide importance should be created for appropriate local
7018 governments in these areas. Further, the Legislature finds that
7019 development, including urban infill and redevelopment, should be
7020 encouraged in these urban areas. The Legislature finds that an
7021 alternative process provided by this section for amending local
7022 comprehensive plans is in these areas should be established with
7023 the an objective of streamlining the process and recognizing
7024 local responsibility and accountability.
7025 (c) The Legislature finds a pilot program will be
7026 beneficial in evaluating an alternative, expedited plan
7027 amendment adoption and review process. Pilot local governments
7028 shall represent highly developed counties and the municipalities
7029 within these counties and highly populated municipalities.
7030 (2) APPLICABILITY ALTERNATIVE STATE REVIEW PROCESS PILOT
7031 PROGRAM.—The process for amending a comprehensive plan described
7032 in this section is applicable statewide. Pinellas and Broward
7033 Counties, and the municipalities within these counties, and
7034 Jacksonville, Miami, Tampa, and Hialeah shall follow an
7035 alternative state review process provided in this section.
7036 Municipalities within the pilot counties may elect, by super
7037 majority vote of the governing body, not to participate in the
7038 pilot program. In addition to the pilot program jurisdictions,
7039 any local government may use the alternative state review
7040 process to designate an urban service area as defined in s.
7041 163.3164(29) in its comprehensive plan.
7042 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
7043 UNDER THE PILOT PROGRAM.—
7044 (a) Effective July 1, 2011, all plan amendments adopted by
7045 local governments are subject to the pilot program jurisdictions
7046 shall follow the alternate, expedited process in subsections (4)
7047 and (5), except as follows: set forth in paragraphs (b)-(e) of
7048 this subsection.
7049 (a)(b) Amendments that qualify as small-scale development
7050 amendments may continue to be adopted by the pilot program
7051 jurisdictions pursuant to s. 163.3187(1)(c) and (3).
7052 (b)(c) Plan amendments that propose a rural land
7053 stewardship area pursuant to s. 163.3177(11)(d); propose an
7054 optional sector plan; update a comprehensive plan based on an
7055 evaluation and appraisal report; implement new statutory
7056 requirements; or new plans for newly incorporated
7057 municipalities; or are in an area of critical state concern
7058 designated pursuant to s. 380.05 are subject to state review as
7059 set forth in s. 163.3184.
7060 (c) Any small county as that term is defined in s.
7061 120.52(19) that transmits a resolution to the state land
7062 planning agency specifying that it wants to follow the process
7063 set forth in s. 163.3184 for all comprehensive plan amendments.
7064 Such counties, at their option, may pass a subsequent resolution
7065 specifying that they plan to follow the process specified in
7066 this section. Such subsequent resolution may not be passed in
7067 the same calendar year as the one specifying that the county
7068 will follow the process set forth in s. 163.3184.
7069 (d) A municipality of special financial concern, as defined
7070 in s. 200.185(1)(b), with a per capita taxable value of assessed
7071 property of $58,000 or less that transmits a resolution to the
7072 state land planning agency specifying that it wants to follow
7073 the process set forth in s. 163.3184 for all comprehensive plan
7074 amendments. Such municipalities, at their option, may pass a
7075 subsequent resolution specifying that they plan to follow the
7076 process specified in this section. Such subsequent resolution
7077 may not be passed in the same calendar year as the one
7078 specifying that the county will follow the process set forth in
7079 s. 163.3184.
7080 (e) A municipality that has a population under 20,000 with
7081 a per capita taxable value of assessed property of $46,000 or
7082 less that transmits a resolution to the state land planning
7083 agency specifying that it wants to follow the process set forth
7084 in s. 163.3184 for all comprehensive plan amendments. Such
7085 municipalities, at their option, may pass a subsequent
7086 resolution specifying that they plan to follow the process
7087 specified in this section. Such subsequent resolution may not be
7088 passed in the same calendar year as the one specifying that the
7089 county will follow the process set forth in s. 163.3184.
7090 (f)(d) Local governments are Pilot program jurisdictions
7091 shall be subject to the frequency and timing requirements for
7092 plan amendments set forth in ss. 163.3187 and 163.3191, except
7093 where otherwise stated in this section.
7094 (g)(e) The mediation and expedited hearing provisions in s.
7095 163.3189(3) apply to all plan amendments adopted pursuant to
7096 this section by the pilot program jurisdictions.
7097 (h) Local governments shall not combine plan amendments
7098 adopted pursuant to this section with plan amendments adopted
7099 pursuant to s. 163.3184 in the same amendment package. Each
7100 transmittal and adoption amendment package shall contain a cover
7101 letter stating whether the amendment or amendments contained
7102 within the package are adopted pursuant to this section or s.
7103 163.3184.
7104 (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
7105 PILOT PROGRAM.—
7106 (a) The local government shall hold its first public
7107 hearing on a comprehensive plan amendment on a weekday at least
7108 7 days after the day the first advertisement is published
7109 pursuant to the requirements of chapter 125 or chapter 166. Upon
7110 an affirmative vote of not less than a majority of the members
7111 of the governing body present at the hearing, the local
7112 government shall immediately transmit the amendment or
7113 amendments and appropriate supporting data and analyses to the
7114 state land planning agency; the appropriate regional planning
7115 council and water management district; the Department of
7116 Environmental Protection; the Department of State; the
7117 Department of Transportation; in the case of municipal plans, to
7118 the appropriate county; the Fish and Wildlife Conservation
7119 Commission; the Department of Agriculture and Consumer Services;
7120 when required by s. 163.3175, the applicable military
7121 installation or installations; and in the case of amendments
7122 that include or impact the public school facilities element, the
7123 Department of Education Office of Educational Facilities of the
7124 Commissioner of Education. The local governing body shall also
7125 transmit a copy of the amendments and supporting data and
7126 analyses to any other local government or governmental agency
7127 that has filed a written request with the governing body.
7128 (b) The agencies and local governments specified in
7129 paragraph (a) may provide comments regarding the amendment or
7130 amendments to the local government. The regional planning
7131 council review and comment shall be limited to effects on
7132 regional resources or facilities identified in the strategic
7133 regional policy plan and extrajurisdictional impacts that would
7134 be inconsistent with the comprehensive plan of the affected
7135 local government. A regional planning council shall not review
7136 and comment on a proposed comprehensive plan amendment prepared
7137 by such council unless the plan amendment has been changed by
7138 the local government subsequent to the preparation of the plan
7139 amendment by the regional planning council. County comments on
7140 municipal comprehensive plan amendments shall be primarily in
7141 the context of the relationship and effect of the proposed plan
7142 amendments on the county plan. Municipal comments on county plan
7143 amendments shall be primarily in the context of the relationship
7144 and effect of the amendments on the municipal plan. State agency
7145 comments must be limited to issues within the agency’s
7146 jurisdiction as it relates to the requirements of this part and
7147 may include technical guidance on issues of agency jurisdiction
7148 as it relates to the requirements of this part. Such comments
7149 shall clearly identify issues that, if not resolved, may result
7150 in an agency challenge to the plan amendment. For the purposes
7151 of this pilot program, Agencies are encouraged to focus
7152 potential challenges on issues of regional or statewide
7153 importance. Agencies and local governments must transmit their
7154 comments to the affected local government such that they are
7155 received by the local government not later than thirty days from
7156 the date on which the agency or government received the
7157 amendment or amendments.
7158 (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
7159 AREAS.—
7160 (a) The local government shall hold its second public
7161 hearing, which shall be a hearing on whether to adopt one or
7162 more comprehensive plan amendments, on a weekday at least 5 days
7163 after the day the second advertisement is published pursuant to
7164 the requirements of chapter 125 or chapter 166. Adoption of
7165 comprehensive plan amendments must be by ordinance and requires
7166 an affirmative vote of a majority of the members of the
7167 governing body present at the second hearing.
7168 (b) All comprehensive plan amendments adopted by the
7169 governing body along with the supporting data and analysis shall
7170 be transmitted within 10 days of the second public hearing to
7171 the state land planning agency and any other agency or local
7172 government that provided timely comments under paragraph (4)(b).
7173 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
7174 PROGRAM.—
7175 (a) Any “affected person” as defined in s. 163.3184(1)(a)
7176 may file a petition with the Division of Administrative Hearings
7177 pursuant to ss. 120.569 and 120.57, with a copy served on the
7178 affected local government, to request a formal hearing to
7179 challenge whether the amendments are “in compliance” as defined
7180 in s. 163.3184(1)(b). This petition must be filed with the
7181 Division within 30 days after the state land planning agency
7182 notifies the local government that the plan amendment package is
7183 complete the local government adopts the amendment. The state
7184 land planning agency may intervene in a proceeding instituted by
7185 an affected person if necessary to protect interests of regional
7186 or statewide importance.
7187 (b) The state land planning agency may file a petition with
7188 the Division of Administrative Hearings pursuant to ss. 120.569
7189 and 120.57, with a copy served on the affected local government,
7190 to request a formal hearing if necessary to protect interests of
7191 regional or statewide importance. This petition must be filed
7192 with the Division within 30 days after the state land planning
7193 agency notifies the local government that the plan amendment
7194 package is complete. For purposes of this section, an adopted
7195 amendment package shall be deemed complete if it contains a
7196 full, executed copy of the adoption ordinance or ordinances; in
7197 the case of a text amendment, a full copy of the amended
7198 language in legislative format with new words inserted in the
7199 text underlined, and words to be deleted lined through with
7200 hyphens; in the case of a future land use map amendment, a copy
7201 of the future land use map clearly depicting the parcel, its
7202 existing future land use designation, and its adopted
7203 designation; and a copy of any data and analyses the local
7204 government deems appropriate. The state land planning agency
7205 shall notify the local government that the package is complete
7206 or that the package contains of any deficiencies within 5
7207 working days of receipt of an amendment package.
7208 (c) The state land planning agency’s challenge shall be
7209 limited to those issues raised in the comments provided by the
7210 reviewing agencies pursuant to paragraph (4)(b). The state land
7211 planning agency may challenge a plan amendment that has
7212 substantially changed from the version on which the agencies
7213 provided comments. For the purposes of this pilot program, the
7214 Legislature strongly encourages The state land planning agency
7215 shall to focus any challenge on issues of regional or statewide
7216 importance.
7217 (d) An administrative law judge shall hold a hearing in the
7218 affected local jurisdiction. The local government’s
7219 determination that the amendment is “in compliance” is presumed
7220 to be correct and shall be sustained unless it is shown by a
7221 preponderance of the evidence that the amendment is not “in
7222 compliance.”
7223 (e) If the administrative law judge recommends that the
7224 amendment be found not in compliance, the judge shall submit the
7225 recommended order to the Administration Commission for final
7226 agency action. The Administration Commission shall enter a final
7227 order within 45 days after its receipt of the recommended order.
7228 (f) If the administrative law judge recommends that the
7229 amendment be found in compliance, the judge shall submit the
7230 recommended order to the state land planning agency.
7231 1. If the state land planning agency determines that the
7232 plan amendment should be found not in compliance, the agency
7233 shall refer, within 30 days of receipt of the recommended order,
7234 the recommended order and its determination to the
7235 Administration Commission for final agency action. If the
7236 commission determines that the amendment is not in compliance,
7237 it may sanction the local government as set forth in s.
7238 163.3184(11).
7239 2. If the state land planning agency determines that the
7240 plan amendment should be found in compliance, the agency shall
7241 enter its final order not later than 30 days from receipt of the
7242 recommended order.
7243 (g) An amendment adopted under the expedited provisions of
7244 this section shall not become effective until 31 days after the
7245 state land plan agency notifies the local government that the
7246 plan amendment package is complete adoption. If timely
7247 challenged, an amendment shall not become effective until the
7248 state land planning agency or the Administration Commission
7249 enters a final order determining the adopted amendment to be in
7250 compliance.
7251 (h) Parties to a proceeding under this section may enter
7252 into compliance agreements using the process in s. 163.3184(16).
7253 Any remedial amendment adopted pursuant to a settlement
7254 agreement shall be provided to the agencies and governments
7255 listed in paragraph (4)(a).
7256 (7) APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
7257 GOVERNMENTS.—Local governments and specific areas that have been
7258 designated for alternate review process pursuant to ss. 163.3246
7259 and 163.3184(17) and (18) are not subject to this section.
7260 (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—Agencies shall
7261 not promulgate rules to implement this pilot program.
7262 (9) REPORT.—The Office of Program Policy Analysis and
7263 Government Accountability shall submit to the Governor, the
7264 President of the Senate, and the Speaker of the House of
7265 Representatives by December 1, 2008, a report and
7266 recommendations for implementing a statewide program that
7267 addresses the legislative findings in subsection (1) in areas
7268 that meet urban criteria. The Office of Program Policy Analysis
7269 and Government Accountability in consultation with the state
7270 land planning agency shall develop the report and
7271 recommendations with input from other state and regional
7272 agencies, local governments, and interest groups. Additionally,
7273 the office shall review local and state actions and
7274 correspondence relating to the pilot program to identify issues
7275 of process and substance in recommending changes to the pilot
7276 program. At a minimum, the report and recommendations shall
7277 include the following:
7278 (a) Identification of local governments beyond those
7279 participating in the pilot program that should be subject to the
7280 alternative expedited state review process. The report may
7281 recommend that pilot program local governments may no longer be
7282 appropriate for such alternative review process.
7283 (b) Changes to the alternative expedited state review
7284 process for local comprehensive plan amendments identified in
7285 the pilot program.
7286 (c) Criteria for determining issues of regional or
7287 statewide importance that are to be protected in the alternative
7288 state review process.
7289 (d) In preparing the report and recommendations, the Office
7290 of Program Policy Analysis and Government Accountability shall
7291 consult with the state land planning agency, the Department of
7292 Transportation, the Department of Environmental Protection, and
7293 the regional planning agencies in identifying highly developed
7294 local governments to participate in the alternative expedited
7295 state review process. The Office of Program Policy Analysis and
7296 Governmental Accountability shall also solicit citizen input in
7297 the potentially affected areas and consult with the affected
7298 local governments and stakeholder groups.
7299 Section 33. Paragraph (a) of subsection (2) of section
7300 163.360, Florida Statutes, is amended to read:
7301 163.360 Community redevelopment plans.—
7302 (2) The community redevelopment plan shall:
7303 (a) Conform to the comprehensive plan for the county or
7304 municipality as prepared by the local planning agency under the
7305 Community Local Government Comprehensive Planning and Land
7306 Development Regulation Act.
7307 Section 34. Paragraph (a) of subsection (3) and subsection
7308 (8) of section 163.516, Florida Statutes, are amended to read:
7309 163.516 Safe neighborhood improvement plans.—
7310 (3) The safe neighborhood improvement plan shall:
7311 (a) Be consistent with the adopted comprehensive plan for
7312 the county or municipality pursuant to the Community Local
7313 Government Comprehensive Planning and Land Development
7314 Regulation Act. No district plan shall be implemented unless the
7315 local governing body has determined said plan is consistent.
7316 (8) Pursuant to ss. 163.3184, 163.3187, and 163.3189, the
7317 governing body of a municipality or county shall hold two public
7318 hearings to consider the board-adopted safe neighborhood
7319 improvement plan as an amendment or modification to the
7320 municipality’s or county’s adopted local comprehensive plan.
7321 Section 35. Paragraph (f) of subsection (6), subsection
7322 (9), and paragraph (c) of subsection (11) of section 171.203,
7323 Florida Statutes, are amended to read:
7324 171.203 Interlocal service boundary agreement.—The
7325 governing body of a county and one or more municipalities or
7326 independent special districts within the county may enter into
7327 an interlocal service boundary agreement under this part. The
7328 governing bodies of a county, a municipality, or an independent
7329 special district may develop a process for reaching an
7330 interlocal service boundary agreement which provides for public
7331 participation in a manner that meets or exceeds the requirements
7332 of subsection (13), or the governing bodies may use the process
7333 established in this section.
7334 (6) An interlocal service boundary agreement may address
7335 any issue concerning service delivery, fiscal responsibilities,
7336 or boundary adjustment. The agreement may include, but need not
7337 be limited to, provisions that:
7338 (f) Establish a process for land use decisions consistent
7339 with part II of chapter 163, including those made jointly by the
7340 governing bodies of the county and the municipality, or allow a
7341 municipality to adopt land use changes consistent with part II
7342 of chapter 163 for areas that are scheduled to be annexed within
7343 the term of the interlocal agreement; however, the county
7344 comprehensive plan and land development regulations shall
7345 control until the municipality annexes the property and amends
7346 its comprehensive plan accordingly. Comprehensive plan
7347 amendments to incorporate the process established by this
7348 paragraph are exempt from the twice-per-year limitation under s.
7349 163.3187.
7350 (9) Each local government that is a party to the interlocal
7351 service boundary agreement shall amend the intergovernmental
7352 coordination element of its comprehensive plan, as described in
7353 s. 163.3177(6)(h)1., no later than 6 months following entry of
7354 the interlocal service boundary agreement consistent with s.
7355 163.3177(6)(h)1. Plan amendments required by this subsection are
7356 exempt from the twice-per-year limitation under s. 163.3187.
7357 (11)
7358 (c) Any amendment required by paragraph (a) is exempt from
7359 the twice-per-year limitation under s. 163.3187.
7360 Section 36. Paragraph (c) of subsection (2) and subsection
7361 (3) of section 186.504, Florida Statutes, is amended to read:
7362 186.504 Regional planning councils; creation; membership.—
7363 (2) Membership on the regional planning council shall be as
7364 follows:
7365 (c) Representatives appointed by the Governor from the
7366 geographic area covered by the regional planning council,
7367 including an elected school board member from the geographic
7368 area covered by the regional planning council, to be nominated
7369 by the Florida School Board Association and a representative of
7370 the civic and business community which shall be selected and
7371 recommended by the Florida Chamber of Commerce, the Office of
7372 Tourism, Trade, and Economic Development, and Enterprise
7373 Florida. These representatives must include two or more of the
7374 following: a representative of the region’s business community,
7375 a representative of the commercial development community, a
7376 representative of the banking and financial community, and a
7377 representative of the agricultural community.
7378 (3) Not less than two-thirds of the representatives serving
7379 as voting members on the governing bodies of such regional
7380 planning councils shall be elected officials of local general
7381 purpose governments chosen by the cities and counties of the
7382 region, provided each county shall have at least one vote. The
7383 remaining one-third of the voting members on the governing board
7384 shall be appointed by the Governor, to include one elected
7385 school board member, subject to confirmation by the Senate, and
7386 shall reside in the region. No two appointees of the Governor
7387 shall have their places of residence in the same county until
7388 each county within the region is represented by a Governor’s
7389 appointee to the governing board. Nothing contained in this
7390 section shall deny to local governing bodies or the Governor the
7391 option of appointing either locally elected officials or lay
7392 citizens provided at least two-thirds of the governing body of
7393 the regional planning council is composed of locally elected
7394 officials.
7395 Section 37. Section 186.513, Florida Statutes, is amended
7396 to read:
7397 186.513 Reports.—Each regional planning council shall
7398 prepare and furnish an annual report on its activities to the
7399 state land planning agency as defined in s. 163.3164(20) and the
7400 local general-purpose governments within its boundaries and,
7401 upon payment as may be established by the council, to any
7402 interested person. The regional planning councils shall make a
7403 joint report and recommendations to appropriate legislative
7404 committees.
7405 Section 38. Section 186.515, Florida Statutes, is amended
7406 to read:
7407 186.515 Creation of regional planning councils under
7408 chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and
7409 186.515 is intended to repeal or limit the provisions of chapter
7410 163; however, the local general-purpose governments serving as
7411 voting members of the governing body of a regional planning
7412 council created pursuant to ss. 186.501-186.507, 186.513, and
7413 186.515 are not authorized to create a regional planning council
7414 pursuant to chapter 163 unless an agency, other than a regional
7415 planning council created pursuant to ss. 186.501-186.507,
7416 186.513, and 186.515, is designated to exercise the powers and
7417 duties in any one or more of ss. 163.3164(19) and 380.031(15);
7418 in which case, such a regional planning council is also without
7419 authority to exercise the powers and duties in s. 163.3164(19)
7420 or s. 380.031(15).
7421 Section 39. Subsection (1) of section 189.415, Florida
7422 Statutes, is amended to read:
7423 189.415 Special district public facilities report.—
7424 (1) It is declared to be the policy of this state to foster
7425 coordination between special districts and local general-purpose
7426 governments as those local general-purpose governments develop
7427 comprehensive plans under the Community Local Government
7428 Comprehensive Planning and Land Development Regulation Act,
7429 pursuant to part II of chapter 163.
7430 Section 40. Subsection (3) of section 190.004, Florida
7431 Statutes, is amended to read:
7432 190.004 Preemption; sole authority.—
7433 (3) The establishment of an independent community
7434 development district as provided in this act is not a
7435 development order within the meaning of chapter 380. All
7436 governmental planning, environmental, and land development laws,
7437 regulations, and ordinances apply to all development of the land
7438 within a community development district. Community development
7439 districts do not have the power of a local government to adopt a
7440 comprehensive plan, building code, or land development code, as
7441 those terms are defined in the Community Local Government
7442 Comprehensive Planning and Land Development Regulation Act. A
7443 district shall take no action which is inconsistent with
7444 applicable comprehensive plans, ordinances, or regulations of
7445 the applicable local general-purpose government.
7446 Section 41. Paragraph (a) of subsection (1) of section
7447 190.005, Florida Statutes, is amended to read:
7448 190.005 Establishment of district.—
7449 (1) The exclusive and uniform method for the establishment
7450 of a community development district with a size of 1,000 acres
7451 or more shall be pursuant to a rule, adopted under chapter 120
7452 by the Florida Land and Water Adjudicatory Commission, granting
7453 a petition for the establishment of a community development
7454 district.
7455 (a) A petition for the establishment of a community
7456 development district shall be filed by the petitioner with the
7457 Florida Land and Water Adjudicatory Commission. The petition
7458 shall contain:
7459 1. A metes and bounds description of the external
7460 boundaries of the district. Any real property within the
7461 external boundaries of the district which is to be excluded from
7462 the district shall be specifically described, and the last known
7463 address of all owners of such real property shall be listed. The
7464 petition shall also address the impact of the proposed district
7465 on any real property within the external boundaries of the
7466 district which is to be excluded from the district.
7467 2. The written consent to the establishment of the district
7468 by all landowners whose real property is to be included in the
7469 district or documentation demonstrating that the petitioner has
7470 control by deed, trust agreement, contract, or option of 100
7471 percent of the real property to be included in the district, and
7472 when real property to be included in the district is owned by a
7473 governmental entity and subject to a ground lease as described
7474 in s. 190.003(14), the written consent by such governmental
7475 entity.
7476 3. A designation of five persons to be the initial members
7477 of the board of supervisors, who shall serve in that office
7478 until replaced by elected members as provided in s. 190.006.
7479 4. The proposed name of the district.
7480 5. A map of the proposed district showing current major
7481 trunk water mains and sewer interceptors and outfalls if in
7482 existence.
7483 6. Based upon available data, the proposed timetable for
7484 construction of the district services and the estimated cost of
7485 constructing the proposed services. These estimates shall be
7486 submitted in good faith but shall not be binding and may be
7487 subject to change.
7488 7. A designation of the future general distribution,
7489 location, and extent of public and private uses of land proposed
7490 for the area within the district by the future land use plan
7491 element of the effective local government comprehensive plan of
7492 which all mandatory elements have been adopted by the applicable
7493 general-purpose local government in compliance with the
7494 Community Local Government Comprehensive Planning and Land
7495 Development Regulation Act.
7496 8. A statement of estimated regulatory costs in accordance
7497 with the requirements of s. 120.541.
7498 Section 42. Paragraph (i) of subsection (6) of section
7499 193.501, Florida Statutes, is amended to read:
7500 193.501 Assessment of lands subject to a conservation
7501 easement, environmentally endangered lands, or lands used for
7502 outdoor recreational or park purposes when land development
7503 rights have been conveyed or conservation restrictions have been
7504 covenanted.—
7505 (6) The following terms whenever used as referred to in
7506 this section have the following meanings unless a different
7507 meaning is clearly indicated by the context:
7508 (i) “Qualified as environmentally endangered” means land
7509 that has unique ecological characteristics, rare or limited
7510 combinations of geological formations, or features of a rare or
7511 limited nature constituting habitat suitable for fish, plants,
7512 or wildlife, and which, if subject to a development moratorium
7513 or one or more conservation easements or development
7514 restrictions appropriate to retaining such land or water areas
7515 predominantly in their natural state, would be consistent with
7516 the conservation, recreation and open space, and, if applicable,
7517 coastal protection elements of the comprehensive plan adopted by
7518 formal action of the local governing body pursuant to s.
7519 163.3161, the Community Local Government Comprehensive Planning
7520 and Land Development Regulation Act; or surface waters and
7521 wetlands, as determined by the methodology ratified in s.
7522 373.4211.
7523 Section 43. Subsection (15) of section 287.042, Florida
7524 Statutes, is amended to read:
7525 287.042 Powers, duties, and functions.—The department shall
7526 have the following powers, duties, and functions:
7527 (15) To enter into joint agreements with governmental
7528 agencies, as defined in s. 163.3164(10), for the purpose of
7529 pooling funds for the purchase of commodities or information
7530 technology that can be used by multiple agencies.
7531 (a) Each agency that has been appropriated or has existing
7532 funds for such purchase, shall, upon contract award by the
7533 department, transfer their portion of the funds into the
7534 department’s Operating Trust Fund for payment by the department.
7535 The funds shall be transferred by the Executive Office of the
7536 Governor pursuant to the agency budget amendment request
7537 provisions in chapter 216.
7538 (b) Agencies that sign the joint agreements are financially
7539 obligated for their portion of the agreed-upon funds. If an
7540 agency becomes more than 90 days delinquent in paying the funds,
7541 the department shall certify to the Chief Financial Officer the
7542 amount due, and the Chief Financial Officer shall transfer the
7543 amount due to the Operating Trust Fund of the department from
7544 any of the agency’s available funds. The Chief Financial Officer
7545 shall report these transfers and the reasons for the transfers
7546 to the Executive Office of the Governor and the legislative
7547 appropriations committees.
7548 Section 44. Subsection (4) of section 288.063, Florida
7549 Statutes, is amended to read:
7550 288.063 Contracts for transportation projects.—
7551 (4) The Office of Tourism, Trade, and Economic Development
7552 may adopt criteria by which transportation projects are to be
7553 reviewed and certified in accordance with s. 288.061. In
7554 approving transportation projects for funding, the Office of
7555 Tourism, Trade, and Economic Development shall consider factors
7556 including, but not limited to, the cost per job created or
7557 retained considering the amount of transportation funds
7558 requested; the average hourly rate of wages for jobs created;
7559 the reliance on the program as an inducement for the project’s
7560 location decision; the amount of capital investment to be made
7561 by the business; the demonstrated local commitment; the location
7562 of the project in an enterprise zone designated pursuant to s.
7563 290.0055; the location of the project in a spaceport territory
7564 as defined in s. 331.304; the unemployment rate of the
7565 surrounding area; and the poverty rate of the community; and the
7566 adoption of an economic element as part of its local
7567 comprehensive plan in accordance with s. 163.3177(7)(j). The
7568 Office of Tourism, Trade, and Economic Development may contact
7569 any agency it deems appropriate for additional input regarding
7570 the approval of projects.
7571 Section 45. Paragraph (a) of subsection (2), subsection
7572 (10), and paragraph (d) of subsection (12) of section 288.975,
7573 Florida Statutes, are amended to read:
7574 288.975 Military base reuse plans.—
7575 (2) As used in this section, the term:
7576 (a) “Affected local government” means a local government
7577 adjoining the host local government and any other unit of local
7578 government that is not a host local government but that is
7579 identified in a proposed military base reuse plan as providing,
7580 operating, or maintaining one or more public facilities as
7581 defined in s. 163.3164(24) on lands within or serving a military
7582 base designated for closure by the Federal Government.
7583 (10) Within 60 days after receipt of a proposed military
7584 base reuse plan, these entities shall review and provide
7585 comments to the host local government. The commencement of this
7586 review period shall be advertised in newspapers of general
7587 circulation within the host local government and any affected
7588 local government to allow for public comment. No later than 180
7589 days after receipt and consideration of all comments, and the
7590 holding of at least two public hearings, the host local
7591 government shall adopt the military base reuse plan. The host
7592 local government shall comply with the notice requirements set
7593 forth in s. 163.3184(15)(14) to ensure full public participation
7594 in this planning process.
7595 (12) Following receipt of a petition, the petitioning party
7596 or parties and the host local government shall seek resolution
7597 of the issues in dispute. The issues in dispute shall be
7598 resolved as follows:
7599 (d) Within 45 days after receiving the report from the
7600 state land planning agency, the Administration Commission shall
7601 take action to resolve the issues in dispute. In deciding upon a
7602 proper resolution, the Administration Commission shall consider
7603 the nature of the issues in dispute, any requests for a formal
7604 administrative hearing pursuant to chapter 120, the compliance
7605 of the parties with this section, the extent of the conflict
7606 between the parties, the comparative hardships and the public
7607 interest involved. If the Administration Commission incorporates
7608 in its final order a term or condition that requires any local
7609 government to amend its local government comprehensive plan, the
7610 local government shall amend its plan within 60 days after the
7611 issuance of the order. Such amendment or amendments shall be
7612 exempt from the limitation of the frequency of plan amendments
7613 contained in s. 163.3187(1), and a public hearing on such
7614 amendment or amendments pursuant to s. 163.3184(15)(b)1.(14(b)1.
7615 shall not be required. The final order of the Administration
7616 Commission is subject to appeal pursuant to s. 120.68. If the
7617 order of the Administration Commission is appealed, the time for
7618 the local government to amend its plan shall be tolled during
7619 the pendency of any local, state, or federal administrative or
7620 judicial proceeding relating to the military base reuse plan.
7621 Section 46. Subsection (4) of section 290.0475, Florida
7622 Statutes, is amended to read:
7623 290.0475 Rejection of grant applications; penalties for
7624 failure to meet application conditions.—Applications received
7625 for funding under all program categories shall be rejected
7626 without scoring only in the event that any of the following
7627 circumstances arise:
7628 (4) The application is not consistent with the local
7629 government’s comprehensive plan adopted pursuant to s.
7630 163.3184(7).
7631 Section 47. Paragraph (c) of subsection (3) of section
7632 311.07, Florida Statutes, is amended to read:
7633 311.07 Florida seaport transportation and economic
7634 development funding.—
7635 (3)
7636 (c) To be eligible for consideration by the council
7637 pursuant to this section, a project must be consistent with the
7638 port comprehensive master plan which is incorporated as part of
7639 the approved local government comprehensive plan as required by
7640 s. 163.3178(2)(k) or other provisions of the Community Local
7641 Government Comprehensive Planning and Land Development
7642 Regulation Act, part II of chapter 163.
7643 Section 48. Subsection (1) of section 331.319, Florida
7644 Statutes, is amended to read:
7645 331.319 Comprehensive planning; building and safety codes.
7646 The board of directors may:
7647 (1) Adopt, and from time to time review, amend, supplement,
7648 or repeal, a comprehensive general plan for the physical
7649 development of the area within the spaceport territory in
7650 accordance with the objectives and purposes of this act and
7651 consistent with the comprehensive plans of the applicable county
7652 or counties and municipality or municipalities adopted pursuant
7653 to the Community Local Government Comprehensive Planning and
7654 Land Development Regulation Act, part II of chapter 163.
7655 Section 49. Paragraph (e) of subsection (5) of section
7656 339.155, Florida Statutes, is amended to read:
7657 339.155 Transportation planning.—
7658 (5) ADDITIONAL TRANSPORTATION PLANS.—
7659 (e) The regional transportation plan developed pursuant to
7660 this section must, at a minimum, identify regionally significant
7661 transportation facilities located within a regional
7662 transportation area and contain a prioritized list of regionally
7663 significant projects. The level-of-service standards for
7664 facilities to be funded under this subsection shall be adopted
7665 by the appropriate local government in accordance with s.
7666 163.3180(10). The projects shall be adopted into the capital
7667 improvements schedule of the local government comprehensive plan
7668 pursuant to s. 163.3177(3).
7669 Section 50. Paragraph (a) of subsection (4) of section
7670 339.2819, Florida Statutes, is amended to read:
7671 339.2819 Transportation Regional Incentive Program.—
7672 (4)(a) Projects to be funded with Transportation Regional
7673 Incentive Program funds shall, at a minimum:
7674 1. Support those transportation facilities that serve
7675 national, statewide, or regional functions and function as an
7676 integrated regional transportation system.
7677 2. Be identified in the capital improvements element of a
7678 comprehensive plan that has been determined to be in compliance
7679 with part II of chapter 163, after July 1, 2005, or to implement
7680 a long-term concurrency management system adopted by a local
7681 government in accordance with s. 163.3180(9). Further, the
7682 project shall be in compliance with local government
7683 comprehensive plan policies relative to corridor management.
7684 3. Be consistent with the Strategic Intermodal System Plan
7685 developed under s. 339.64.
7686 4. Have a commitment for local, regional, or private
7687 financial matching funds as a percentage of the overall project
7688 cost.
7689 Section 51. Present subsections (9), (10), (11), (12), and
7690 (13) of section 367.021, Florida Statutes, are renumbered as
7691 subsections (11), (12), (13), (14), and (15), respectively, and
7692 new subsections (9) and (10) are added to that section, to read:
7693 367.021 Definitions.—As used in this chapter, the following
7694 words or terms shall have the meanings indicated:
7695 (9) “Large landowner” means any applicant for a certificate
7696 pursuant to s. 367.045 who owns or controls at least 1,000 acres
7697 in a single county or adjacent counties which are proposed to be
7698 certified.
7699 (10) “Need” means, for the purposes of an application under
7700 s. 367.045, by a large landowner, a showing that the certificate
7701 is sought for planning purposes to allow the landowner to be
7702 prepared to provide service to its properties as and when needed
7703 to meet demands for any residential, commercial, or industrial
7704 service, or for such other lawful purposes as may arise within
7705 the territory to be certified. A large landowner is not required
7706 to demonstrate that the need for service is either immediate or
7707 imminent, or that such service will be required within a
7708 specific timeframe.
7709 Section 52. Subsection (5) of section 369.303, Florida
7710 Statutes, is amended to read:
7711 369.303 Definitions.—As used in this part:
7712 (5) “Land development regulation” means a regulation
7713 covered by the definition in s. 163.3164(23) and any of the
7714 types of regulations described in s. 163.3202.
7715 Section 53. Subsection (7) of section 369.321, Florida
7716 Statutes, is amended to read:
7717 369.321 Comprehensive plan amendments.—Except as otherwise
7718 expressly provided, by January 1, 2006, each local government
7719 within the Wekiva Study Area shall amend its local government
7720 comprehensive plan to include the following:
7721 (7) During the period prior to the adoption of the
7722 comprehensive plan amendments required by this act, any local
7723 comprehensive plan amendment adopted by a city or county that
7724 applies to land located within the Wekiva Study Area shall
7725 protect surface and groundwater resources and be reviewed by the
7726 Department of Community Affairs, pursuant to chapter 163 and
7727 chapter 9J-5, Florida Administrative Code, using best available
7728 data, including the information presented to the Wekiva River
7729 Basin Coordinating Committee.
7730 Section 54. Subsection (1) of section 378.021, Florida
7731 Statutes, is amended to read:
7732 378.021 Master reclamation plan.—
7733 (1) The Department of Environmental Protection shall amend
7734 the master reclamation plan that provides guidelines for the
7735 reclamation of lands mined or disturbed by the severance of
7736 phosphate rock prior to July 1, 1975, which lands are not
7737 subject to mandatory reclamation under part II of chapter 211.
7738 In amending the master reclamation plan, the Department of
7739 Environmental Protection shall continue to conduct an onsite
7740 evaluation of all lands mined or disturbed by the severance of
7741 phosphate rock prior to July 1, 1975, which lands are not
7742 subject to mandatory reclamation under part II of chapter 211.
7743 The master reclamation plan when amended by the Department of
7744 Environmental Protection shall be consistent with local
7745 government plans prepared pursuant to the Community Local
7746 Government Comprehensive Planning and Land Development
7747 Regulation Act.
7748 Section 55. Subsection (10) of section 380.031, Florida
7749 Statutes, is amended to read:
7750 380.031 Definitions.—As used in this chapter:
7751 (10) “Local comprehensive plan” means any or all local
7752 comprehensive plans or elements or portions thereof prepared,
7753 adopted, or amended pursuant to the Community Local Government
7754 Comprehensive Planning and Land Development Regulation Act, as
7755 amended.
7756 Section 56. Paragraph (b) of subsection (6), paragraphs
7757 (l), (m), and (s) of subsection (24), paragraph (e) of
7758 subsection (28), and paragraphs (a) and (e) of subsection (29)
7759 of section 380.06, Florida Statutes, are amended to read:
7760 380.06 Developments of regional impact.—
7761 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7762 PLAN AMENDMENTS.—
7763 (b) Any local government comprehensive plan amendments
7764 related to a proposed development of regional impact, including
7765 any changes proposed under subsection (19), may be initiated by
7766 a local planning agency or the developer and must be considered
7767 by the local governing body at the same time as the application
7768 for development approval using the procedures provided for local
7769 plan amendment in s. 163.3187 or s. 163.3189 and applicable
7770 local ordinances, without regard to statutory or local ordinance
7771 limits on the frequency of consideration of amendments to the
7772 local comprehensive plan. Nothing in this paragraph shall be
7773 deemed to require favorable consideration of a plan amendment
7774 solely because it is related to a development of regional
7775 impact. The procedure for processing such comprehensive plan
7776 amendments is as follows:
7777 1. If a developer seeks a comprehensive plan amendment
7778 related to a development of regional impact, the developer must
7779 so notify in writing the regional planning agency, the
7780 applicable local government, and the state land planning agency
7781 no later than the date of preapplication conference or the
7782 submission of the proposed change under subsection (19).
7783 2. When filing the application for development approval or
7784 the proposed change, the developer must include a written
7785 request for comprehensive plan amendments that would be
7786 necessitated by the development-of-regional-impact approvals
7787 sought. That request must include data and analysis upon which
7788 the applicable local government can determine whether to
7789 transmit the comprehensive plan amendment pursuant to s.
7790 163.3184.
7791 3. The local government must advertise a public hearing on
7792 the transmittal within 30 days after filing the application for
7793 development approval or the proposed change and must make a
7794 determination on the transmittal within 60 days after the
7795 initial filing unless that time is extended by the developer.
7796 4. If the local government approves the transmittal,
7797 procedures set forth in s. 163.3184 (3)-(6) must be followed.
7798 5. Notwithstanding subsection (11) or subsection (19), the
7799 local government may not hold a public hearing on the
7800 application for development approval or the proposed change or
7801 on the comprehensive plan amendments sooner than 30 days from
7802 receipt of the response from the state land planning agency
7803 pursuant to s. 163.3184(6). The 60-day time period for local
7804 governments to adopt, adopt with changes, or not adopt plan
7805 amendments pursuant to s. 163.3184(7) shall not apply to
7806 concurrent plan amendments provided for in this subsection.
7807 6. The local government must hear both the application for
7808 development approval or the proposed change and the
7809 comprehensive plan amendments at the same hearing. However, the
7810 local government must take action separately on the application
7811 for development approval or the proposed change and on the
7812 comprehensive plan amendments.
7813 7. Thereafter, the appeal process for the local government
7814 development order must follow the provisions of s. 380.07, and
7815 the compliance process for the comprehensive plan amendments
7816 must follow the provisions of s. 163.3184.
7817 (24) STATUTORY EXEMPTIONS.—
7818 (l) Any proposed development within an urban service
7819 boundary established under s. 163.3177(14), which is not
7820 otherwise exempt pursuant to subsection (29), is exempt from the
7821 provisions of this section if the local government having
7822 jurisdiction over the area where the development is proposed has
7823 adopted the urban service boundary, has entered into a binding
7824 agreement with jurisdictions that would be impacted and with the
7825 Department of Transportation regarding the mitigation of impacts
7826 on state and regional transportation facilities, and has adopted
7827 a proportionate share methodology pursuant to s. 163.3180(16).
7828 (m) Any proposed development within a rural land
7829 stewardship area created under s. 163.3248 163.3177(11)(d) is
7830 exempt from the provisions of this section if the local
7831 government that has adopted the rural land stewardship area has
7832 entered into a binding agreement with jurisdictions that would
7833 be impacted and the Department of Transportation regarding the
7834 mitigation of impacts on state and regional transportation
7835 facilities, and has adopted a proportionate share methodology
7836 pursuant to s. 163.3180(16).
7837 (s) Any development in a detailed specific area plan which
7838 is prepared and adopted pursuant to s. 163.3245 and adopted into
7839 the comprehensive plan is exempt from this section.
7840 (u) Any transit-oriented development as defined in s.
7841 163.3164 incorporated into the county or municipality
7842 comprehensive plan that has adopted land use and transportation
7843 strategies to support and fund the local government concurrency
7844 or mobility plan identified in the comprehensive plan, including
7845 alternative modes of transportation, is exempt from review for
7846 transportation impacts conducted pursuant to this section. This
7847 paragraph does not apply to areas:
7848 1. Within the boundary of any area of critical state
7849 concern designated pursuant to s. 380.05;
7850 2. Within the boundary of the Wekiva Study Area as
7851 described in s. 369.316; or
7852 3. Within 2 miles of the boundary of the Everglades
7853 Protection Area as defined in s. 373.4592(2).
7854
7855 If a use is exempt from review as a development of regional
7856 impact under paragraphs (a)-(s), but will be part of a larger
7857 project that is subject to review as a development of regional
7858 impact, the impact of the exempt use must be included in the
7859 review of the larger project, unless such exempt use involves a
7860 development of regional impact that includes a landowner,
7861 tenant, or user that has entered into a funding agreement with
7862 the Office of Tourism, Trade, and Economic Development under the
7863 Innovation Incentive Program and the agreement contemplates a
7864 state award of at least $50 million.
7865 (28) PARTIAL STATUTORY EXEMPTIONS.—
7866 (e) The vesting provision of s. 163.3167(5)(8) relating to
7867 an authorized development of regional impact shall not apply to
7868 those projects partially exempt from the development-of
7869 regional-impact review process under paragraphs (a)-(d).
7870 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
7871 (a) The following are exempt from this section:
7872 1. Any proposed development in a municipality that has an
7873 average of at least 1,000 people per square mile of land area
7874 and a minimum total population of at least 5,000 qualifies as a
7875 dense urban land area as defined in s. 163.3164;
7876 2. Any proposed development within a county. including the
7877 municipalities located therein, which that has an average of at
7878 least 1,000 people per square mile of land area qualifies as a
7879 dense urban land area as defined in s. 163.3164 and that is
7880 located within an urban service area as defined in s. 163.3164
7881 which has been adopted into the comprehensive plan; or
7882 3. Any proposed development within a county, including the
7883 municipalities located therein, which has a population of at
7884 least 900,000, that has an average of at least 1,000 people per
7885 square mile of land area which qualifies as a dense urban land
7886 area under s. 163.3164, but which does not have an urban service
7887 area designated in the comprehensive plan.
7888
7889 The Office of Economic and Demographic Research within the
7890 Legislature shall annually calculate the population and density
7891 criteria needed to determine which jurisdictions meet the
7892 density criteria in subparagraphs 1.-3. by using the most recent
7893 land area data from the decennial census conducted by the Bureau
7894 of the Census of the United States Department of Commerce and
7895 the latest available population estimates determined pursuant to
7896 s. 186.901. If any local government has had an annexation,
7897 contraction, or new incorporation, the Office of Economic and
7898 Demographic Research shall determine the population density
7899 using the new jurisdictional boundaries as recorded in
7900 accordance with s. 171.091. The Office of Economic and
7901 Demographic Research shall annually submit to the state land
7902 planning agency by July 1 a list of jurisdictions that meet the
7903 total population and density criteria. The state land planning
7904 agency shall publish the list of jurisdictions on its Internet
7905 website within 7 days after the list is received. The
7906 designation of jurisdictions that meet the density criteria of
7907 subparagraphs 1.-3. is effective upon publication on the state
7908 land planning agency’s Internet website. Any area that meets the
7909 density criteria may not thereafter be removed from the list of
7910 areas that qualify.
7911 (e) In an area that is exempt under paragraphs (a)-(c), any
7912 previously approved development-of-regional-impact development
7913 orders shall continue to be effective, but the developer has the
7914 option to be governed by s. 380.115(1). A pending application
7915 for development approval shall be governed by s. 380.115(2). A
7916 development that has a pending application for a comprehensive
7917 plan amendment and that elects not to continue development-of
7918 regional-impact review is exempt from the limitation on plan
7919 amendments set forth in s. 163.3187(1) for the year following
7920 the effective date of the exemption.
7921 Section 57. Paragraph (a) of subsection (8) of section
7922 380.061, Florida Statutes, is amended to read:
7923 380.061 The Florida Quality Developments program.—
7924 (8)(a) Any local government comprehensive plan amendments
7925 related to a Florida Quality Development may be initiated by a
7926 local planning agency and considered by the local governing body
7927 at the same time as the application for development approval,
7928 using the procedures provided for local plan amendment in s.
7929 163.3187 or s. 163.3189 and applicable local ordinances, without
7930 regard to statutory or local ordinance limits on the frequency
7931 of consideration of amendments to the local comprehensive plan.
7932 Nothing in this subsection shall be construed to require
7933 favorable consideration of a Florida Quality Development solely
7934 because it is related to a development of regional impact.
7935 Section 58. Paragraph (a) of subsection (2) of section
7936 380.065, Florida Statutes, is amended to read:
7937 380.065 Certification of local government review of
7938 development.—
7939 (2) When a petition is filed, the state land planning
7940 agency shall have no more than 90 days to prepare and submit to
7941 the Administration Commission a report and recommendations on
7942 the proposed certification. In deciding whether to grant
7943 certification, the Administration Commission shall determine
7944 whether the following criteria are being met:
7945 (a) The petitioning local government has adopted and
7946 effectively implemented a local comprehensive plan and
7947 development regulations which comply with ss. 163.3161-163.3215,
7948 the Community Local Government Comprehensive Planning and Land
7949 Development Regulation Act.
7950 Section 59. Section 380.0685, Florida Statutes, is amended
7951 to read:
7952 380.0685 State park in area of critical state concern in
7953 county which creates land authority; surcharge on admission and
7954 overnight occupancy.—The Department of Environmental Protection
7955 shall impose and collect a surcharge of 50 cents per person per
7956 day, or $5 per annual family auto entrance permit, on admission
7957 to all state parks in areas of critical state concern located in
7958 a county which creates a land authority pursuant to s.
7959 380.0663(1), and a surcharge of $2.50 per night per campsite,
7960 cabin, or other overnight recreational occupancy unit in state
7961 parks in areas of critical state concern located in a county
7962 which creates a land authority pursuant to s. 380.0663(1);
7963 however, no surcharge shall be imposed or collected under this
7964 section for overnight use by nonprofit groups of organized group
7965 camps, primitive camping areas, or other facilities intended
7966 primarily for organized group use. Such surcharges shall be
7967 imposed within 90 days after any county creating a land
7968 authority notifies the Department of Environmental Protection
7969 that the land authority has been created. The proceeds from such
7970 surcharges, less a collection fee that shall be kept by the
7971 Department of Environmental Protection for the actual cost of
7972 collection, not to exceed 2 percent, shall be transmitted to the
7973 land authority of the county from which the revenue was
7974 generated. Such funds shall be used to purchase property in the
7975 area or areas of critical state concern in the county from which
7976 the revenue was generated. An amount not to exceed 10 percent
7977 may be used for administration and other costs incident to such
7978 purchases. However, the proceeds of the surcharges imposed and
7979 collected pursuant to this section in a state park or parks
7980 located wholly within a municipality, less the costs of
7981 collection as provided herein, shall be transmitted to that
7982 municipality for use by the municipality for land acquisition or
7983 for beach renourishment or restoration, including, but not
7984 limited to, costs associated with any design, permitting,
7985 monitoring and mitigation of such work, as well as the work
7986 itself. The surcharges levied under this section shall remain
7987 imposed as long as the land authority is in existence.
7988 Section 60. Subsection (3) of section 380.115, Florida
7989 Statutes, is amended to read:
7990 380.115 Vested rights and duties; effect of size reduction,
7991 changes in guidelines and standards.—
7992 (3) A landowner that has filed an application for a
7993 development-of-regional-impact review prior to the adoption of a
7994 an optional sector plan pursuant to s. 163.3245 may elect to
7995 have the application reviewed pursuant to s. 380.06,
7996 comprehensive plan provisions in force prior to adoption of the
7997 sector plan, and any requested comprehensive plan amendments
7998 that accompany the application.
7999 Section 61. Subsection (1) of section 403.50665, Florida
8000 Statutes, is amended to read:
8001 403.50665 Land use consistency.—
8002 (1) The applicant shall include in the application a
8003 statement on the consistency of the site and any associated
8004 facilities that constitute a “development,” as defined in s.
8005 380.04, with existing land use plans and zoning ordinances that
8006 were in effect on the date the application was filed and a full
8007 description of such consistency. This information shall include
8008 an identification of those associated facilities that the
8009 applicant believes are exempt from the requirements of land use
8010 plans and zoning ordinances under the provisions of the
8011 Community Local Government Comprehensive Planning and Land
8012 Development Regulation Act provisions of chapter 163 and s.
8013 380.04(3).
8014 Section 62. Subsection (16) of section 420.9071, Florida
8015 Statutes, is amended to read:
8016 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
8017 term:
8018 (16) “Local housing incentive strategies” means local
8019 regulatory reform or incentive programs to encourage or
8020 facilitate affordable housing production, which include at a
8021 minimum, assurance that permits as defined in s. 163.3164(7) and
8022 (8) for affordable housing projects are expedited to a greater
8023 degree than other projects; an ongoing process for review of
8024 local policies, ordinances, regulations, and plan provisions
8025 that increase the cost of housing prior to their adoption; and a
8026 schedule for implementing the incentive strategies. Local
8027 housing incentive strategies may also include other regulatory
8028 reforms, such as those enumerated in s. 420.9076 or those
8029 recommended by the affordable housing advisory committee in its
8030 triennial evaluation of the implementation of affordable housing
8031 incentives, and adopted by the local governing body.
8032 Section 63. Subsection (13) and paragraph (a) of
8033 subsection (14) of section 403.973, Florida Statutes, are
8034 amended to read:
8035 403.973 Expedited permitting; amendments to comprehensive
8036 plans.—
8037 (13) Notwithstanding any other provisions of law:
8038 (a) Local comprehensive plan amendments for projects
8039 qualified under this section are exempt from the twice-a-year
8040 limits provision in s. 163.3187; and
8041 (b) Projects qualified under this section are not subject
8042 to interstate highway level-of-service standards adopted by the
8043 Department of Transportation for concurrency purposes. The
8044 memorandum of agreement specified in subsection (5) must include
8045 a process by which the applicant will be assessed a fair share
8046 of the cost of mitigating the project’s significant traffic
8047 impacts, as defined in chapter 380 and related rules. The
8048 agreement must also specify whether the significant traffic
8049 impacts on the interstate system will be mitigated through the
8050 implementation of a project or payment of funds to the
8051 Department of Transportation. Where funds are paid, the
8052 Department of Transportation must include in the 5-year work
8053 program transportation projects or project phases, in an amount
8054 equal to the funds received, to mitigate the traffic impacts
8055 associated with the proposed project.
8056 (14)(a) Challenges to state agency action in the expedited
8057 permitting process for projects processed under this section are
8058 subject to the summary hearing provisions of s. 120.574, except
8059 that the administrative law judge’s decision, as provided in s.
8060 120.574(2)(f), shall be in the form of a recommended order and
8061 shall not constitute the final action of the state agency. In
8062 those proceedings where the action of only one agency of the
8063 state other than the Department of Environmental Protection is
8064 challenged, the agency of the state shall issue the final order
8065 within 45 working days after receipt of the administrative law
8066 judge’s recommended order, and the recommended order shall
8067 inform the parties of their right to file exceptions or
8068 responses to the recommended order in accordance with the
8069 uniform rules of procedure pursuant to s. 120.54. In those
8070 proceedings where the actions of more than one agency of the
8071 state are challenged, the Governor shall issue the final order
8072 within 45 working days after receipt of the administrative law
8073 judge’s recommended order, and the recommended order shall
8074 inform the parties of their right to file exceptions or
8075 responses to the recommended order in accordance with the
8076 uniform rules of procedure pursuant to s. 120.54. This paragraph
8077 does not apply to the issuance of department licenses required
8078 under any federally delegated or approved permit program. In
8079 such instances, the department shall enter the final order. The
8080 participating agencies of the state may opt at the preliminary
8081 hearing conference to allow the administrative law judge’s
8082 decision to constitute the final agency action. If a
8083 participating local government agrees to participate in the
8084 summary hearing provisions of s. 120.574 for purposes of review
8085 of local government comprehensive plan amendments, s.
8086 163.3184(9) and (10) apply.
8087 Section 64. Section 57. Subsections (9) and (10) of
8088 section 420.5095, Florida Statutes, are amended to read:
8089 420.5095 Community Workforce Housing Innovation Pilot
8090 Program.—
8091 (9) Notwithstanding s. 163.3184(3)-(6), any local
8092 government comprehensive plan amendment to implement a Community
8093 Workforce Housing Innovation Pilot Program project found
8094 consistent with the provisions of this section shall be
8095 expedited as provided in this subsection. At least 30 days prior
8096 to adopting a plan amendment under this subsection, the local
8097 government shall notify the state land planning agency of its
8098 intent to adopt such an amendment, and the notice shall include
8099 its evaluation related to site suitability and availability of
8100 facilities and services. The public notice of the hearing
8101 required by s. 163.3184(11)(15)(b)2. shall include a statement
8102 that the local government intends to use the expedited adoption
8103 process authorized by this subsection. Such amendments shall
8104 require only a single public hearing before the governing board,
8105 which shall be an adoption hearing as described in s.
8106 163.3184(6)(7). The state land planning agency shall issue its
8107 notice of intent pursuant to s. 163.3184(8) within 30 days after
8108 determining that the amendment package is complete. Any further
8109 proceedings shall be governed by s. ss. 163.3184 (9)-(16).
8110 Amendments proposed under this section are not subject to s.
8111 163.3187(1), which limits the adoption of a comprehensive plan
8112 amendment to no more than two times during any calendar year.
8113 (10) The processing of approvals of development orders or
8114 development permits, as defined in s. 163.3164(7) and (8), for
8115 innovative community workforce housing projects shall be
8116 expedited.
8117 Section 65. Subsection (5) of section 420.615, Florida
8118 Statutes, is amended to read:
8119 420.615 Affordable housing land donation density bonus
8120 incentives.—
8121 (5) The local government, as part of the approval process,
8122 shall adopt a comprehensive plan amendment, pursuant to part II
8123 of chapter 163, for the receiving land that incorporates the
8124 density bonus. Such amendment shall be adopted in the manner as
8125 required for small-scale amendments pursuant to s. 163.3187, is
8126 not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
8127 and is exempt from the limitation on the frequency of plan
8128 amendments as provided in s. 163.3187.
8129 Section 66. Subsection (16) of section 420.9071, Florida
8130 Statutes, is amended to read:
8131 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
8132 term:
8133 (16) “Local housing incentive strategies” means local
8134 regulatory reform or incentive programs to encourage or
8135 facilitate affordable housing production, which include at a
8136 minimum, assurance that permits as defined in s. 163.3164(7) and
8137 (8) for affordable housing projects are expedited to a greater
8138 degree than other projects; an ongoing process for review of
8139 local policies, ordinances, regulations, and plan provisions
8140 that increase the cost of housing prior to their adoption; and a
8141 schedule for implementing the incentive strategies. Local
8142 housing incentive strategies may also include other regulatory
8143 reforms, such as those enumerated in s. 420.9076 or those
8144 recommended by the affordable housing advisory committee in its
8145 triennial evaluation of the implementation of affordable housing
8146 incentives, and adopted by the local governing body.
8147 Section 67. Paragraph (a) of subsection (4) of section
8148 420.9076, Florida Statutes, is amended to read:
8149 420.9076 Adoption of affordable housing incentive
8150 strategies; committees.—
8151 (4) Triennially, the advisory committee shall review the
8152 established policies and procedures, ordinances, land
8153 development regulations, and adopted local government
8154 comprehensive plan of the appointing local government and shall
8155 recommend specific actions or initiatives to encourage or
8156 facilitate affordable housing while protecting the ability of
8157 the property to appreciate in value. The recommendations may
8158 include the modification or repeal of existing policies,
8159 procedures, ordinances, regulations, or plan provisions; the
8160 creation of exceptions applicable to affordable housing; or the
8161 adoption of new policies, procedures, regulations, ordinances,
8162 or plan provisions, including recommendations to amend the local
8163 government comprehensive plan and corresponding regulations,
8164 ordinances, and other policies. At a minimum, each advisory
8165 committee shall submit a report to the local governing body that
8166 includes recommendations on, and triennially thereafter
8167 evaluates the implementation of, affordable housing incentives
8168 in the following areas:
8169 (a) The processing of approvals of development orders or
8170 permits, as defined in s. 163.3164(7) and (8), for affordable
8171 housing projects is expedited to a greater degree than other
8172 projects.
8173
8174 The advisory committee recommendations may also include other
8175 affordable housing incentives identified by the advisory
8176 committee. Local governments that receive the minimum allocation
8177 under the State Housing Initiatives Partnership Program shall
8178 perform the initial review but may elect to not perform the
8179 triennial review.
8180 Section 68. Subsection (1) of section 720.403, Florida
8181 Statutes, is amended to read:
8182 720.403 Preservation of residential communities; revival of
8183 declaration of covenants.—
8184 (1) Consistent with required and optional elements of local
8185 comprehensive plans and other applicable provisions of the
8186 Community Local Government Comprehensive Planning and Land
8187 Development Regulation Act, homeowners are encouraged to
8188 preserve existing residential communities, promote available and
8189 affordable housing, protect structural and aesthetic elements of
8190 their residential community, and, as applicable, maintain roads
8191 and streets, easements, water and sewer systems, utilities,
8192 drainage improvements, conservation and open areas, recreational
8193 amenities, and other infrastructure and common areas that serve
8194 and support the residential community by the revival of a
8195 previous declaration of covenants and other governing documents
8196 that may have ceased to govern some or all parcels in the
8197 community.
8198 Section 69. Section 62. Subsection (6) of section 1013.30,
8199 Florida Statutes, is amended to read:
8200 1013.30 University campus master plans and campus
8201 development agreements.—
8202 (6) Before a campus master plan is adopted, a copy of the
8203 draft master plan must be sent for review or made available
8204 electronically to the host and any affected local governments,
8205 the state land planning agency, the Department of Environmental
8206 Protection, the Department of Transportation, the Department of
8207 State, the Fish and Wildlife Conservation Commission, and the
8208 applicable water management district and regional planning
8209 council. At the request of a governmental entity, a hard copy of
8210 the draft master plan shall be submitted within 7 business days
8211 of an electronic copy being made available. These agencies must
8212 be given 90 days after receipt of the campus master plans in
8213 which to conduct their review and provide comments to the
8214 university board of trustees. The commencement of this review
8215 period must be advertised in newspapers of general circulation
8216 within the host local government and any affected local
8217 government to allow for public comment. Following receipt and
8218 consideration of all comments and the holding of an informal
8219 information session and at least two public hearings within the
8220 host jurisdiction, the university board of trustees shall adopt
8221 the campus master plan. It is the intent of the Legislature that
8222 the university board of trustees comply with the notice
8223 requirements set forth in s. 163.3184(11)(15) to ensure full
8224 public participation in this planning process. The informal
8225 public information session must be held before the first public
8226 hearing. The first public hearing shall be held before the draft
8227 master plan is sent to the agencies specified in this
8228 subsection. The second public hearing shall be held in
8229 conjunction with the adoption of the draft master plan by the
8230 university board of trustees. Campus master plans developed
8231 under this section are not rules and are not subject to chapter
8232 120 except as otherwise provided in this section.
8233 Section 70. Subsections (3), (7), and (8) of section
8234 1013.33, Florida Statutes, are amended to read:
8235 1013.33 Coordination of planning with local governing
8236 bodies.—
8237 (3) At a minimum, the interlocal agreement must address
8238 interlocal agreement requirements in s. 163.31777 and, if
8239 applicable, s. 163.3180(6)(13)(g), except for exempt local
8240 governments as provided in s. 163.3177(12), and must address the
8241 following issues:
8242 (a) A process by which each local government and the
8243 district school board agree and base their plans on consistent
8244 projections of the amount, type, and distribution of population
8245 growth and student enrollment. The geographic distribution of
8246 jurisdiction-wide growth forecasts is a major objective of the
8247 process.
8248 (b) A process to coordinate and share information relating
8249 to existing and planned public school facilities, including
8250 school renovations and closures, and local government plans for
8251 development and redevelopment.
8252 (c) Participation by affected local governments with the
8253 district school board in the process of evaluating potential
8254 school closures, significant renovations to existing schools,
8255 and new school site selection before land acquisition. Local
8256 governments shall advise the district school board as to the
8257 consistency of the proposed closure, renovation, or new site
8258 with the local comprehensive plan, including appropriate
8259 circumstances and criteria under which a district school board
8260 may request an amendment to the comprehensive plan for school
8261 siting.
8262 (d) A process for determining the need for and timing of
8263 onsite and offsite improvements to support new construction,
8264 proposed expansion, or redevelopment of existing schools. The
8265 process shall address identification of the party or parties
8266 responsible for the improvements.
8267 (e) A process for the school board to inform the local
8268 government regarding the effect of comprehensive plan amendments
8269 on school capacity. The capacity reporting must be consistent
8270 with laws and rules regarding measurement of school facility
8271 capacity and must also identify how the district school board
8272 will meet the public school demand based on the facilities work
8273 program adopted pursuant to s. 1013.35.
8274 (f) Participation of the local governments in the
8275 preparation of the annual update to the school board’s 5-year
8276 district facilities work program and educational plant survey
8277 prepared pursuant to s. 1013.35.
8278 (g) A process for determining where and how joint use of
8279 either school board or local government facilities can be shared
8280 for mutual benefit and efficiency.
8281 (h) A procedure for the resolution of disputes between the
8282 district school board and local governments, which may include
8283 the dispute resolution processes contained in chapters 164 and
8284 186.
8285 (i) An oversight process, including an opportunity for
8286 public participation, for the implementation of the interlocal
8287 agreement.
8288 (7) Except as provided in subsection (8), municipalities
8289 meeting the exemption criteria in s. 163.3177(12) are exempt
8290 from the requirements of subsections (2), (3), and (4).
8291 (8) At the time of the evaluation and appraisal report,
8292 each exempt municipality shall assess the extent to which it
8293 continues to meet the criteria for exemption under s.
8294 163.3177(12). If the municipality continues to meet these
8295 criteria, the municipality shall continue to be exempt from the
8296 interlocal agreement requirement. Each municipality exempt under
8297 s. 163.3177(12) must comply with the provisions of subsections
8298 (2)-(8) within 1 year after the district school board proposes,
8299 in its 5-year district facilities work program, a new school
8300 within the municipality’s jurisdiction.
8301 Section 71. Rules 9J-5 and 9J-11.023, Florida
8302 Administrative Code, are repealed, and the Department of State
8303 is directed to remove those rules from the Florida
8304 Administrative Code.
8305 Section 72. Any permit or any other authorization that was
8306 extended under section 14, chapter 2009-96, Laws of Florida, as
8307 re-authorized by section 47, chapter 2010-147, Laws of Florida,
8308 is extended and renewed for an additional period of two years
8309 from its extended expiration date. The holder of a valid permit
8310 or other authorization that is eligible for the additional two
8311 year extension must notify the authorizing agency in writing by
8312 December 31, 2011, identifying the specific authorization for
8313 which the holder intends to use the extension and the
8314 anticipated time frame for acting on the authorization.
8315 Section 73. The Legislature finds that this act fulfills an
8316 important state interest.
8317 Section 74. (1) The state land planning agency, within 60
8318 days after the effective date of this act, shall review any
8319 administrative or judicial proceeding filed by the agency and
8320 pending on the effective date of this act to determine whether
8321 the issues raised by the state land planning agency are
8322 consistent with the revised provisions of part II of chapter
8323 163, Florida Statutes. For each proceeding, if the agency
8324 determines that issues have been raised that are not consistent
8325 with the revised provisions of part II of chapter 163, Florida
8326 Statutes, the agency shall dismiss the proceeding. If the state
8327 land planning agency determines that one or more issues have
8328 been raised that are consistent with the revised provisions of
8329 part II of chapter 163, Florida Statutes, the agency shall amend
8330 its petition within 30 days after the determination to plead
8331 with particularity as to the manner in which the plan or plan
8332 amendment fails to meet the revised provisions of part II of
8333 chapter 163, Florida Statutes. If the agency fails to timely
8334 file such amended petition, the proceeding shall be dismissed.
8335 (2) In all proceedings that were initiated by the state
8336 land planning agency before the effective date of this act, and
8337 continue after that date, the local government’s determination
8338 that the comprehensive plan or plan amendment is in compliance
8339 is presumed to be correct, and the local government’s
8340 determination shall be sustained unless it is shown by a
8341 preponderance of the evidence that the comprehensive plan or
8342 plan amendment is not in compliance.
8343 Section 75. In accordance with s. 1.04, Florida Statutes,
8344 the provisions of law amended by this act shall be construed in
8345 pari materia with the provisions of law reenacted by Senate Bill
8346 174 or HB 7001, 2011 Regular Session, whichever becomes law, and
8347 incorporated therein. In addition, if any law amended by this
8348 act is also amended by any other law enacted at the same
8349 legislative session or an extension thereof which becomes law,
8350 full effect shall be given to each if possible.
8351 Section 76. The Division of Statutory Revision is directed
8352 to replace the phrase “the effective date of this act” wherever
8353 it occurs in this act with the date this act becomes a law. The
8354 Division of Statutory revision is further directed to replace
8355 all references to s. 163.3184 with s. 163.32465 except for
8356 provisions related specifically to plan amendments that propose
8357 a rural land stewardship area pursuant to s. 163.3177(11)(d);
8358 propose an optional sector plan; update a comprehensive plan
8359 based on an evaluation and appraisal report; new plans for newly
8360 incorporated municipalities are subject to state review as set
8361 forth in s. 163.3184; or are in an area of critical state
8362 concern designated pursuant to s. 380.05.
8363 Section 77. The reenactment of s. 163.31801(5) in section
8364 12 of this act shall take effect upon this act becoming a law,
8365 and shall operate retroactively to July 1, 2009. If such
8366 retroactive application is held by a court of last resort to be
8367 unconstitutional, this act shall apply prospectively from the
8368 date that this act becomes a law.
8369 Section 78. Except as otherwise expressly provided in this
8370 act and except for this section, which shall take effect upon
8371 this act becoming a law, this act shall take effect July 1,
8372 2011.