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.