Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for CS for SB 1122
Barcode 669180
LEGISLATIVE ACTION
Senate . House
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Floor: 3/AD/2R .
05/05/2011 12:12 PM .
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Senator Bennett moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 6068 - 8439
4 and insert:
5 (5)(12) The state land planning agency may shall not adopt
6 rules to implement this section, other than procedural rules or
7 a schedule indicating when local governments must comply with
8 the requirements of this section.
9 (13) The state land planning agency shall regularly review
10 the evaluation and appraisal report process and submit a report
11 to the Governor, the Administration Commission, the Speaker of
12 the House of Representatives, the President of the Senate, and
13 the respective community affairs committees of the Senate and
14 the House of Representatives. The first report shall be
15 submitted by December 31, 2004, and subsequent reports shall be
16 submitted every 5 years thereafter. At least 9 months before the
17 due date of each report, the Secretary of Community Affairs
18 shall appoint a technical committee of at least 15 members to
19 assist in the preparation of the report. The membership of the
20 technical committee shall consist of representatives of local
21 governments, regional planning councils, the private sector, and
22 environmental organizations. The report shall assess the
23 effectiveness of the evaluation and appraisal report process.
24 (14) The requirement of subsection (10) prohibiting a local
25 government from adopting amendments to the local comprehensive
26 plan until the evaluation and appraisal report update amendments
27 have been adopted and transmitted to the state land planning
28 agency does not apply to a plan amendment proposed for adoption
29 by the appropriate local government as defined in s.
30 163.3178(2)(k) in order to integrate a port comprehensive master
31 plan with the coastal management element of the local
32 comprehensive plan as required by s. 163.3178(2)(k) if the port
33 comprehensive master plan or the proposed plan amendment does
34 not cause or contribute to the failure of the local government
35 to comply with the requirements of the evaluation and appraisal
36 report.
37 Section 21. Paragraph (b) of subsection (2) of section
38 163.3217, Florida Statutes, is amended to read:
39 163.3217 Municipal overlay for municipal incorporation.—
40 (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
41 OVERLAY.—
42 (b)1. A municipal overlay shall be adopted as an amendment
43 to the local government comprehensive plan as prescribed by s.
44 163.3184.
45 2. A county may consider the adoption of a municipal
46 overlay without regard to the provisions of s. 163.3187(1)
47 regarding the frequency of adoption of amendments to the local
48 comprehensive plan.
49 Section 22. Subsection (3) of section 163.3220, Florida
50 Statutes, is amended to read:
51 163.3220 Short title; legislative intent.—
52 (3) In conformity with, in furtherance of, and to implement
53 the Community Local Government Comprehensive Planning and Land
54 Development Regulation Act and the Florida State Comprehensive
55 Planning Act of 1972, it is the intent of the Legislature to
56 encourage a stronger commitment to comprehensive and capital
57 facilities planning, ensure the provision of adequate public
58 facilities for development, encourage the efficient use of
59 resources, and reduce the economic cost of development.
60 Section 23. Subsections (2) and (11) of section 163.3221,
61 Florida Statutes, are amended to read:
62 163.3221 Florida Local Government Development Agreement
63 Act; definitions.—As used in ss. 163.3220-163.3243:
64 (2) “Comprehensive plan” means a plan adopted pursuant to
65 the Community “Local Government Comprehensive Planning and Land
66 Development Regulation Act.“
67 (11) “Local planning agency” means the agency designated to
68 prepare a comprehensive plan or plan amendment pursuant to the
69 Community “Florida Local Government Comprehensive Planning and
70 Land Development Regulation Act.“
71 Section 24. Section 163.3229, Florida Statutes, is amended
72 to read:
73 163.3229 Duration of a development agreement and
74 relationship to local comprehensive plan.—The duration of a
75 development agreement may shall not exceed 30 20 years, unless
76 it is. It may be extended by mutual consent of the governing
77 body and the developer, subject to a public hearing in
78 accordance with s. 163.3225. No development agreement shall be
79 effective or be implemented by a local government unless the
80 local government’s comprehensive plan and plan amendments
81 implementing or related to the agreement are found in compliance
82 by the state land planning agency in accordance with s.
83 163.3184, s. 163.3187, or s. 163.3189.
84 Section 25. Section 163.3235, Florida Statutes, is amended
85 to read:
86 163.3235 Periodic review of a development agreement.—A
87 local government shall review land subject to a development
88 agreement at least once every 12 months to determine if there
89 has been demonstrated good faith compliance with the terms of
90 the development agreement. For each annual review conducted
91 during years 6 through 10 of a development agreement, the review
92 shall be incorporated into a written report which shall be
93 submitted to the parties to the agreement and the state land
94 planning agency. The state land planning agency shall adopt
95 rules regarding the contents of the report, provided that the
96 report shall be limited to the information sufficient to
97 determine the extent to which the parties are proceeding in good
98 faith to comply with the terms of the development agreement. If
99 the local government finds, on the basis of substantial
100 competent evidence, that there has been a failure to comply with
101 the terms of the development agreement, the agreement may be
102 revoked or modified by the local government.
103 Section 26. Section 163.3239, Florida Statutes, is amended
104 to read:
105 163.3239 Recording and effectiveness of a development
106 agreement.—Within 14 days after a local government enters into a
107 development agreement, the local government shall record the
108 agreement with the clerk of the circuit court in the county
109 where the local government is located. A copy of the recorded
110 development agreement shall be submitted to the state land
111 planning agency within 14 days after the agreement is recorded.
112 A development agreement is shall not be effective until it is
113 properly recorded in the public records of the county and until
114 30 days after having been received by the state land planning
115 agency pursuant to this section. The burdens of the development
116 agreement shall be binding upon, and the benefits of the
117 agreement shall inure to, all successors in interest to the
118 parties to the agreement.
119 Section 27. Section 163.3243, Florida Statutes, is amended
120 to read:
121 163.3243 Enforcement.—Any party or, any aggrieved or
122 adversely affected person as defined in s. 163.3215(2), or the
123 state land planning agency may file an action for injunctive
124 relief in the circuit court where the local government is
125 located to enforce the terms of a development agreement or to
126 challenge compliance of the agreement with the provisions of ss.
127 163.3220-163.3243.
128 Section 28. Section 163.3245, Florida Statutes, is amended
129 to read:
130 163.3245 Optional Sector plans.—
131 (1) In recognition of the benefits of conceptual long-range
132 planning for the buildout of an area, and detailed planning for
133 specific areas, as a demonstration project, the requirements of
134 s. 380.06 may be addressed as identified by this section for up
135 to five local governments or combinations of local governments
136 may which adopt into their the comprehensive plans a plan an
137 optional sector plan in accordance with this section. This
138 section is intended to promote and encourage long-term planning
139 for conservation, development, and agriculture on a landscape
140 scale; to further the intent of s. 163.3177(11), which supports
141 innovative and flexible planning and development strategies, and
142 the purposes of this part, and part I of chapter 380; to
143 facilitate protection of regionally significant resources,
144 including, but not limited to, regionally significant water
145 courses and wildlife corridors;, and to avoid duplication of
146 effort in terms of the level of data and analysis required for a
147 development of regional impact, while ensuring the adequate
148 mitigation of impacts to applicable regional resources and
149 facilities, including those within the jurisdiction of other
150 local governments, as would otherwise be provided. Optional
151 Sector plans are intended for substantial geographic areas that
152 include including at least 15,000 5,000 acres of one or more
153 local governmental jurisdictions and are to emphasize urban form
154 and protection of regionally significant resources and public
155 facilities. A The state land planning agency may approve
156 optional sector plans of less than 5,000 acres based on local
157 circumstances if it is determined that the plan would further
158 the purposes of this part and part I of chapter 380. Preparation
159 of an optional sector plan is authorized by agreement between
160 the state land planning agency and the applicable local
161 governments under s. 163.3171(4). An optional sector plan may be
162 adopted through one or more comprehensive plan amendments under
163 s. 163.3184. However, an optional sector plan may not be adopted
164 authorized in an area of critical state concern.
165 (2) Upon the request of a local government having
166 jurisdiction, The state land planning agency may enter into an
167 agreement to authorize preparation of an optional sector plan
168 upon the request of one or more local governments based on
169 consideration of problems and opportunities presented by
170 existing development trends; the effectiveness of current
171 comprehensive plan provisions; the potential to further the
172 state comprehensive plan, applicable strategic regional policy
173 plans, this part, and part I of chapter 380; and those factors
174 identified by s. 163.3177(10)(i). the applicable regional
175 planning council shall conduct a scoping meeting with affected
176 local governments and those agencies identified in s.
177 163.3184(1)(c)(4) before preparation of the sector plan
178 execution of the agreement authorized by this section. The
179 purpose of this meeting is to assist the state land planning
180 agency and the local government in the identification of the
181 relevant planning issues to be addressed and the data and
182 resources available to assist in the preparation of the sector
183 plan subsequent plan amendments. If a scoping meeting is
184 conducted, the regional planning council shall make written
185 recommendations to the state land planning agency and affected
186 local governments on the issues requested by the local
187 government. The scoping meeting shall be noticed and open to the
188 public. If the entire planning area proposed for the sector plan
189 is within the jurisdiction of two or more local governments,
190 some or all of them may enter into a joint planning agreement
191 pursuant to s. 163.3171 with respect to, including whether a
192 sustainable sector plan would be appropriate. The agreement must
193 define the geographic area to be subject to the sector plan, the
194 planning issues that will be emphasized, procedures requirements
195 for intergovernmental coordination to address
196 extrajurisdictional impacts, supporting application materials
197 including data and analysis, and procedures for public
198 participation, or other issues. An agreement may address
199 previously adopted sector plans that are consistent with the
200 standards in this section. Before executing an agreement under
201 this subsection, the local government shall hold a duly noticed
202 public workshop to review and explain to the public the optional
203 sector planning process and the terms and conditions of the
204 proposed agreement. The local government shall hold a duly
205 noticed public hearing to execute the agreement. All meetings
206 between the department and the local government must be open to
207 the public.
208 (3) Optional Sector planning encompasses two levels:
209 adoption pursuant to under s. 163.3184 of a conceptual long-term
210 master plan for the entire planning area as part of the
211 comprehensive plan, and adoption by local development order of
212 two or more buildout overlay to the comprehensive plan, having
213 no immediate effect on the issuance of development orders or the
214 applicability of s. 380.06, and adoption under s. 163.3184 of
215 detailed specific area plans that implement the conceptual long
216 term master plan buildout overlay and authorize issuance of
217 development orders, and within which s. 380.06 is waived. Until
218 such time as a detailed specific area plan is adopted, the
219 underlying future land use designations apply.
220 (a) In addition to the other requirements of this chapter,
221 a long-term master plan pursuant to this section conceptual
222 long-term buildout overlay must include maps, illustrations, and
223 text supported by data and analysis to address the following:
224 1. A long-range conceptual framework map that, at a
225 minimum, generally depicts identifies anticipated areas of
226 urban, agricultural, rural, and conservation land use,
227 identifies allowed uses in various parts of the planning area,
228 specifies maximum and minimum densities and intensities of use,
229 and provides the general framework for the development pattern
230 in developed areas with graphic illustrations based on a
231 hierarchy of places and functional place-making components.
232 2. A general identification of the water supplies needed
233 and available sources of water, including water resource
234 development and water supply development projects, and water
235 conservation measures needed to meet the projected demand of the
236 future land uses in the long-term master plan.
237 3. A general identification of the transportation
238 facilities to serve the future land uses in the long-term master
239 plan, including guidelines to be used to establish each modal
240 component intended to optimize mobility.
241 4.2. A general identification of other regionally
242 significant public facilities consistent with chapter 9J-2,
243 Florida Administrative Code, irrespective of local governmental
244 jurisdiction necessary to support buildout of the anticipated
245 future land uses, which may include central utilities provided
246 onsite within the planning area, and policies setting forth the
247 procedures to be used to mitigate the impacts of future land
248 uses on public facilities.
249 5.3. A general identification of regionally significant
250 natural resources within the planning area based on the best
251 available data and policies setting forth the procedures for
252 protection or conservation of specific resources consistent with
253 the overall conservation and development strategy for the
254 planning area consistent with chapter 9J-2, Florida
255 Administrative Code.
256 6.4. General principles and guidelines addressing that
257 address the urban form and the interrelationships of anticipated
258 future land uses; the protection and, as appropriate,
259 restoration and management of lands identified for permanent
260 preservation through recordation of conservation easements
261 consistent with s. 704.06, which shall be phased or staged in
262 coordination with detailed specific area plans to reflect phased
263 or staged development within the planning area; and a
264 discussion, at the applicant’s option, of the extent, if any, to
265 which the plan will address restoring key ecosystems, achieving
266 a more clean, healthy environment;, limiting urban sprawl;
267 providing a range of housing types;, protecting wildlife and
268 natural areas;, advancing the efficient use of land and other
269 resources;, and creating quality communities of a design that
270 promotes travel by multiple transportation modes; and enhancing
271 the prospects for the creation of jobs.
272 7.5. Identification of general procedures and policies to
273 facilitate ensure intergovernmental coordination to address
274 extrajurisdictional impacts from the future land uses long-range
275 conceptual framework map.
276
277 A long-term master plan adopted pursuant to this section
278 may be based upon a planning period longer than the generally
279 applicable planning period of the local comprehensive plan,
280 shall specify the projected population within the planning area
281 during the chosen planning period, and may include a phasing or
282 staging schedule that allocates a portion of the local
283 government’s future growth to the planning area through the
284 planning period. A long-term master plan adopted pursuant to
285 this section is not required to demonstrate need based upon
286 projected population growth or on any other basis.
287 (b) In addition to the other requirements of this chapter,
288 including those in paragraph (a), the detailed specific area
289 plans shall be consistent with the long-term master plan and
290 must include conditions and commitments that provide for:
291 1. Development or conservation of an area of adequate size
292 to accommodate a level of development which achieves a
293 functional relationship between a full range of land uses within
294 the area and to encompass at least 1,000 acres consistent with
295 the long-term master plan. The local government state land
296 planning agency may approve detailed specific area plans of less
297 than 1,000 acres based on local circumstances if it is
298 determined that the detailed specific area plan furthers the
299 purposes of this part and part I of chapter 380.
300 2. Detailed identification and analysis of the maximum and
301 minimum densities and intensities of use and the distribution,
302 extent, and location of future land uses.
303 3. Detailed identification of water resource development
304 and water supply development projects and related infrastructure
305 and water conservation measures to address water needs of
306 development in the detailed specific area plan.
307 4. Detailed identification of the transportation facilities
308 to serve the future land uses in the detailed specific area
309 plan.
310 5.3. Detailed identification of other regionally
311 significant public facilities, including public facilities
312 outside the jurisdiction of the host local government,
313 anticipated impacts of future land uses on those facilities, and
314 required improvements consistent with the long-term master plan
315 chapter 9J-2, Florida Administrative Code.
316 6.4. Public facilities necessary to serve development in
317 the detailed specific area plan for the short term, including
318 developer contributions in a financially feasible 5-year capital
319 improvement schedule of the affected local government.
320 7.5. Detailed analysis and identification of specific
321 measures to ensure assure the protection and, as appropriate,
322 restoration and management of lands within the boundary of the
323 detailed specific area plan identified for permanent
324 preservation through recordation of conservation easements
325 consistent with s. 704.06, which easements shall be effective
326 before or concurrent with the effective date of the detailed
327 specific area plan of regionally significant natural resources
328 and other important resources both within and outside the host
329 jurisdiction, including those regionally significant resources
330 identified in chapter 9J-2, Florida Administrative Code.
331 8.6. Detailed principles and guidelines addressing that
332 address the urban form and the interrelationships of anticipated
333 future land uses; and a discussion, at the applicant’s option,
334 of the extent, if any, to which the plan will address restoring
335 key ecosystems, achieving a more clean, healthy environment;,
336 limiting urban sprawl; providing a range of housing types;,
337 protecting wildlife and natural areas;, advancing the efficient
338 use of land and other resources;, and creating quality
339 communities of a design that promotes travel by multiple
340 transportation modes; and enhancing the prospects for the
341 creation of jobs.
342 9.7. Identification of specific procedures to facilitate
343 ensure intergovernmental coordination to address
344 extrajurisdictional impacts from of the detailed specific area
345 plan.
346
347 A detailed specific area plan adopted by local development
348 order pursuant to this section may be based upon a planning
349 period longer than the generally applicable planning period of
350 the local comprehensive plan and shall specify the projected
351 population within the specific planning area during the chosen
352 planning period. A detailed specific area plan adopted pursuant
353 to this section is not required to demonstrate need based upon
354 projected population growth or on any other basis. All lands
355 identified in the long-term master plan for permanent
356 preservation shall be subject to a recorded conservation
357 easement consistent with s. 704.06 before or concurrent with the
358 effective date of the final detailed specific area plan to be
359 approved within the planning area.
360 (c) In its review of a long-term master plan, the state
361 land planning agency shall consult with the Department of
362 Agriculture and Consumer Services, the Department of
363 Environmental Protection, the Fish and Wildlife Conservation
364 Commission, and the applicable water management district
365 regarding the design of areas for protection and conservation of
366 regionally significant natural resources and for the protection
367 and, as appropriate, restoration and management of lands
368 identified for permanent preservation. (d) In its review of a
369 long-term master plan, the state land planning agency shall
370 consult with the Department of Transportation, the applicable
371 metropolitan planning organization, and any urban transit agency
372 regarding the location, capacity, design, and phasing or staging
373 of major transportation facilities in the planning area.
374 (e) Whenever a local government issues a development order
375 approving a detailed specific area plan, a copy of such order
376 shall be rendered to the state land planning agency and the
377 owner or developer of the property affected by such order, as
378 prescribed by rules of the state land planning agency for a
379 development order for a development of regional impact. Within
380 45 days after the order is rendered, the owner, the developer,
381 or the state land planning agency may appeal the order to the
382 Florida Land and Water Adjudicatory Commission by filing a
383 petition alleging that the detailed specific area plan is not
384 consistent with the comprehensive plan or with the long-term
385 master plan adopted pursuant to this section. The appellant
386 shall furnish a copy of the petition to the opposing party, as
387 the case may be, and to the local government that issued the
388 order. The filing of the petition stays the effectiveness of the
389 order until after completion of the appeal process. However, if
390 a development order approving a detailed specific area plan has
391 been challenged by an aggrieved or adversely affected party in a
392 judicial proceeding pursuant to s. 163.3215, and a party to such
393 proceeding serves notice to the state land planning agency, the
394 state land planning agency shall dismiss its appeal to the
395 commission and shall have the right to intervene in the pending
396 judicial proceeding pursuant to s. 163.3215. Proceedings for
397 administrative review of an order approving a detailed specific
398 area plan shall be conducted consistent with s. 380.07(6). The
399 commission shall issue a decision granting or denying permission
400 to develop pursuant to the long-term master plan and the
401 standards of this part and may attach conditions or restrictions
402 to its decisions.
403 (f)(c) This subsection does may not be construed to prevent
404 preparation and approval of the optional sector plan and
405 detailed specific area plan concurrently or in the same
406 submission.
407 (4) Upon the long-term master plan becoming legally
408 effective:
409 (a) Any long-range transportation plan developed by a
410 metropolitan planning organization pursuant to s. 339.175(7)
411 must be consistent, to the maximum extent feasible, with the
412 long-term master plan, including, but not limited to, the
413 projected population and the approved uses and densities and
414 intensities of use and their distribution within the planning
415 area. The transportation facilities identified in adopted plans
416 pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
417 in coordination with the adopted M.P.O. long-range
418 transportation plan.
419 (b) The water needs, sources and water resource
420 development, and water supply development projects identified in
421 adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
422 be incorporated into the applicable district and regional water
423 supply plans adopted in accordance with ss. 373.036 and 373.709.
424 Accordingly, and notwithstanding the permit durations stated in
425 s. 373.236, an applicant may request and the applicable district
426 may issue consumptive use permits for durations commensurate
427 with the long-term master plan or detailed specific area plan,
428 considering the ability of the master plan area to contribute to
429 regional water supply availability and the need to maximize
430 reasonable-beneficial use of the water resource. The permitting
431 criteria in s. 373.223 shall be applied based upon the projected
432 population and the approved densities and intensities of use and
433 their distribution in the long-term master plan; however, the
434 allocation of the water may be phased over the permit duration
435 to correspond to actual projected needs. This paragraph does not
436 supersede the public interest test set forth in s. 373.223. The
437 host local government shall submit a monitoring report to the
438 state land planning agency and applicable regional planning
439 council on an annual basis after adoption of a detailed specific
440 area plan. The annual monitoring report must provide summarized
441 information on development orders issued, development that has
442 occurred, public facility improvements made, and public facility
443 improvements anticipated over the upcoming 5 years.
444 (5) When a plan amendment adopting a detailed specific area
445 plan has become effective for a portion of the planning area
446 governed by a long-term master plan adopted pursuant to this
447 section under ss. 163.3184 and 163.3189(2), the provisions of s.
448 380.06 does do not apply to development within the geographic
449 area of the detailed specific area plan. However, any
450 development-of-regional-impact development order that is vested
451 from the detailed specific area plan may be enforced pursuant to
452 under s. 380.11.
453 (a) The local government adopting the detailed specific
454 area plan is primarily responsible for monitoring and enforcing
455 the detailed specific area plan. Local governments may shall not
456 issue any permits or approvals or provide any extensions of
457 services to development that are not consistent with the
458 detailed specific sector area plan.
459 (b) If the state land planning agency has reason to believe
460 that a violation of any detailed specific area plan, or of any
461 agreement entered into under this section, has occurred or is
462 about to occur, it may institute an administrative or judicial
463 proceeding to prevent, abate, or control the conditions or
464 activity creating the violation, using the procedures in s.
465 380.11.
466 (c) In instituting an administrative or judicial proceeding
467 involving a an optional sector plan or detailed specific area
468 plan, including a proceeding pursuant to paragraph (b), the
469 complaining party shall comply with the requirements of s.
470 163.3215(4), (5), (6), and (7), except as provided by paragraph
471 (3)(e).
472 (d) The detailed specific area plan shall establish a
473 buildout date until which the approved development is not
474 subject to downzoning, unit density reduction, or intensity
475 reduction, unless the local government can demonstrate that
476 implementation of the plan is not continuing in good faith based
477 on standards established by plan policy, that substantial
478 changes in the conditions underlying the approval of the
479 detailed specific area plan have occurred, that the detailed
480 specific area plan was based on substantially inaccurate
481 information provided by the applicant, or that the change is
482 clearly established to be essential to the public health,
483 safety, or welfare.
484 (6) Concurrent with or subsequent to review and adoption of
485 a long-term master plan pursuant to paragraph (3)(a), an
486 applicant may apply for master development approval pursuant to
487 s. 380.06(21) for the entire planning area in order to establish
488 a buildout date until which the approved uses and densities and
489 intensities of use of the master plan are not subject to
490 downzoning, unit density reduction, or intensity reduction,
491 unless the local government can demonstrate that implementation
492 of the master plan is not continuing in good faith based on
493 standards established by plan policy, that substantial changes
494 in the conditions underlying the approval of the master plan
495 have occurred, that the master plan was based on substantially
496 inaccurate information provided by the applicant, or that change
497 is clearly established to be essential to the public health,
498 safety, or welfare. Review of the application for master
499 development approval shall be at a level of detail appropriate
500 for the long-term and conceptual nature of the long-term master
501 plan and, to the maximum extent possible, may only consider
502 information provided in the application for a long-term master
503 plan. Notwithstanding s. 380.06, an increment of development in
504 such an approved master development plan must be approved by a
505 detailed specific area plan pursuant to paragraph (3)(b) and is
506 exempt from review pursuant to s. 380.06.
507 (6) Beginning December 1, 1999, and each year thereafter,
508 the department shall provide a status report to the Legislative
509 Committee on Intergovernmental Relations regarding each optional
510 sector plan authorized under this section.
511 (7) A developer within an area subject to a long-term
512 master plan that meets the requirements of paragraph (3)(a) and
513 subsection (6) or a detailed specific area plan that meets the
514 requirements of paragraph (3)(b) may enter into a development
515 agreement with a local government pursuant to ss. 163.3220
516 163.3243. The duration of such a development agreement may be
517 through the planning period of the long-term master plan or the
518 detailed specific area plan, as the case may be, notwithstanding
519 the limit on the duration of a development agreement pursuant to
520 s. 163.3229.
521 (8) Any owner of property within the planning area of a
522 proposed long-term master plan may withdraw his consent to the
523 master plan at any time prior to local government adoption, and
524 the local government shall exclude such parcels from the adopted
525 master plan. Thereafter, the long-term master plan, any detailed
526 specific area plan, and the exemption from development-of
527 regional-impact review under this section do not apply to the
528 subject parcels. After adoption of a long-term master plan, an
529 owner may withdraw his or her property from the master plan only
530 with the approval of the local government by plan amendment
531 adopted and reviewed pursuant to s. 163.3184.
532 (9) The adoption of a long-term master plan or a detailed
533 specific area plan pursuant to this section does not limit the
534 right to continue existing agricultural or silvicultural uses or
535 other natural resource-based operations or to establish similar
536 new uses that are consistent with the plans approved pursuant to
537 this section.
538 (10) The state land planning agency may enter into an
539 agreement with a local government that, on or before July 1,
540 2011, adopted a large-area comprehensive plan amendment
541 consisting of at least 15,000 acres that meets the requirements
542 for a long-term master plan in paragraph (3)(a), after notice
543 and public hearing by the local government, and thereafter,
544 notwithstanding s. 380.06, this part, or any planning agreement
545 or plan policy, the large-area plan shall be implemented through
546 detailed specific area plans that meet the requirements of
547 paragraph (3)(b) and shall otherwise be subject to this section.
548 (11) Notwithstanding this section, a detailed specific area
549 plan to implement a conceptual long-term buildout overlay,
550 adopted by a local government and found in compliance before
551 July 1, 2011, shall be governed by this section.
552 (12) Notwithstanding s. 380.06, this part, or any planning
553 agreement or plan policy, a landowner or developer who has
554 received approval of a master development-of-regional-impact
555 development order pursuant to s. 380.06(21) may apply to
556 implement this order by filing one or more applications to
557 approve a detailed specific area plan pursuant to paragraph
558 (3)(b).
559 (13)(7) This section may not be construed to abrogate the
560 rights of any person under this chapter.
561 Section 29. Subsections (9), (12), and (14) of section
562 163.3246, Florida Statutes, are amended to read:
563 163.3246 Local government comprehensive planning
564 certification program.—
565 (9)(a) Upon certification all comprehensive plan amendments
566 associated with the area certified must be adopted and reviewed
567 in the manner described in s. ss. 163.3184(5)-(11)(1), (2), (7),
568 (14), (15), and (16) and 163.3187, such that state and regional
569 agency review is eliminated. Plan amendments that qualify as
570 small scale development amendments may follow the small scale
571 review process in s. 163.3187. The department may not issue any
572 objections, recommendations, and comments report on proposed
573 plan amendments or a notice of intent on adopted plan
574 amendments; however, affected persons, as defined by s.
575 163.3184(1)(a), may file a petition for administrative review
576 pursuant to the requirements of s. 163.3184(5) 163.3187(3)(a) to
577 challenge the compliance of an adopted plan amendment.
578 (b) Plan amendments that change the boundaries of the
579 certification area; propose a rural land stewardship area
580 pursuant to s. 163.3248 163.3177(11)(d); propose a an optional
581 sector plan pursuant to s. 163.3245; propose a school facilities
582 element; update a comprehensive plan based on an evaluation and
583 appraisal review report; impact lands outside the certification
584 boundary; implement new statutory requirements that require
585 specific comprehensive plan amendments; or increase hurricane
586 evacuation times or the need for shelter capacity on lands
587 within the coastal high-hazard area shall be reviewed pursuant
588 to s. ss. 163.3184 and 163.3187.
589 (12) A local government’s certification shall be reviewed
590 by the local government and the department as part of the
591 evaluation and appraisal process pursuant to s. 163.3191. Within
592 1 year after the deadline for the local government to update its
593 comprehensive plan based on the evaluation and appraisal report,
594 the department shall renew or revoke the certification. The
595 local government’s failure to adopt a timely evaluation and
596 appraisal report, failure to adopt an evaluation and appraisal
597 report found to be sufficient, or failure to timely adopt
598 necessary amendments to update its comprehensive plan based on
599 an evaluation and appraisal, which are report found to be in
600 compliance by the department, shall be cause for revoking the
601 certification agreement. The department’s decision to renew or
602 revoke shall be considered agency action subject to challenge
603 under s. 120.569.
604 (14) The Office of Program Policy Analysis and Government
605 Accountability shall prepare a report evaluating the
606 certification program, which shall be submitted to the Governor,
607 the President of the Senate, and the Speaker of the House of
608 Representatives by December 1, 2007.
609 Section 30. Section 163.32465, Florida Statutes, is
610 repealed.
611 Section 31. Subsection (6) is added to section 163.3247,
612 Florida Statutes, to read:
613 163.3247 Century Commission for a Sustainable Florida.—
614 (6) EXPIRATION.-This section is repealed and the commission
615 is abolished June 30, 2013.
616 Section 32. Section 163.3248, Florida Statutes, is created
617 to read:
618 163.3248 Rural land stewardship areas.—
619 (1) Rural land stewardship areas are designed to establish
620 a long-term incentive based strategy to balance and guide the
621 allocation of land so as to accommodate future land uses in a
622 manner that protects the natural environment, stimulate economic
623 growth and diversification, and encourage the retention of land
624 for agriculture and other traditional rural land uses.
625 (2) Upon written request by one or more landowners of the
626 subject lands to designate lands as a rural land stewardship
627 area, or pursuant to a private-sector-initiated comprehensive
628 plan amendment filed by, or with the consent of the owners of
629 the subject lands, local governments may adopt a future land use
630 overlay to designate all or portions of lands classified in the
631 future land use element as predominantly agricultural, rural,
632 open, open-rural, or a substantively equivalent land use, as a
633 rural land stewardship area within which planning and economic
634 incentives are applied to encourage the implementation of
635 innovative and flexible planning and development strategies and
636 creative land use planning techniques to support a diverse
637 economic and employment base. The future land use overlay may
638 not require a demonstration of need based on population
639 projections or any other factors.
640 (3) Rural land stewardship areas may be used to further the
641 following broad principles of rural sustainability: restoration
642 and maintenance of the economic value of rural land; control of
643 urban sprawl; identification and protection of ecosystems,
644 habitats, and natural resources; promotion and diversification
645 of economic activity and employment opportunities within the
646 rural areas; maintenance of the viability of the state’s
647 agricultural economy; and protection of private property rights
648 in rural areas of the state. Rural land stewardship areas may be
649 multicounty in order to encourage coordinated regional
650 stewardship planning.
651 (4) A local government or one or more property owners may
652 request assistance and participation in the development of a
653 plan for the rural land stewardship area from the state land
654 planning agency, the Department of Agriculture and Consumer
655 Services, the Fish and Wildlife Conservation Commission, the
656 Department of Environmental Protection, the appropriate water
657 management district, the Department of Transportation, the
658 regional planning council, private land owners, and
659 stakeholders.
660 (5) A rural land stewardship area shall be not less than
661 10,000 acres, shall be located outside of municipalities and
662 established urban service areas, and shall be designated by plan
663 amendment by each local government with jurisdiction over the
664 rural land stewardship area. The plan amendment or amendments
665 designating a rural land stewardship area are subject to review
666 pursuant to s. 163.3184 and shall provide for the following:
667 (a) Criteria for the designation of receiving areas which
668 shall, at a minimum, provide for the following: adequacy of
669 suitable land to accommodate development so as to avoid conflict
670 with significant environmentally sensitive areas, resources, and
671 habitats; compatibility between and transition from higher
672 density uses to lower intensity rural uses; and the
673 establishment of receiving area service boundaries that provide
674 for a transition from receiving areas and other land uses within
675 the rural land stewardship area through limitations on the
676 extension of services.
677 (b) Innovative planning and development strategies to be
678 applied within rural land stewardship areas pursuant to this
679 section.
680 (c) A process for the implementation of innovative planning
681 and development strategies within the rural land stewardship
682 area, including those described in this subsection, which
683 provide for a functional mix of land uses through the adoption
684 by the local government of zoning and land development
685 regulations applicable to the rural land stewardship area.
686 (d) A mix of densities and intensities that would not be
687 characterized as urban sprawl through the use of innovative
688 strategies and creative land use techniques.
689 (6) A receiving area may be designated only pursuant to
690 procedures established in the local government’s land
691 development regulations. If receiving area designation requires
692 the approval of the county board of county commissioners, such
693 approval shall be by resolution with a simple majority vote.
694 Before the commencement of development within a stewardship
695 receiving area, a listed species survey must be performed for
696 the area proposed for development. If listed species occur on
697 the receiving area development site, the applicant must
698 coordinate with each appropriate local, state, or federal agency
699 to determine if adequate provisions have been made to protect
700 those species in accordance with applicable regulations. In
701 determining the adequacy of provisions for the protection of
702 listed species and their habitats, the rural land stewardship
703 area shall be considered as a whole, and the potential impacts
704 and protective measures taken within areas to be developed as
705 receiving areas shall be considered in conjunction with and
706 compensated by lands set aside and protective measures taken
707 within the designated sending areas.
708 (7) Upon the adoption of a plan amendment creating a rural
709 land stewardship area, the local government shall, by ordinance,
710 establish a rural land stewardship overlay zoning district,
711 which shall provide the methodology for the creation,
712 conveyance, and use of transferable rural land use credits,
713 hereinafter referred to as stewardship credits, the assignment
714 and application of which does not constitute a right to develop
715 land or increase the density of land, except as provided by this
716 section. The total amount of stewardship credits within the
717 rural land stewardship area must enable the realization of the
718 long-term vision and goals for the rural land stewardship area,
719 which may take into consideration the anticipated effect of the
720 proposed receiving areas. The estimated amount of receiving area
721 shall be projected based on available data, and the development
722 potential represented by the stewardship credits created within
723 the rural land stewardship area must correlate to that amount.
724 (8) Stewardship credits are subject to the following
725 limitations:
726 (a) Stewardship credits may exist only within a rural land
727 stewardship area.
728 (b) Stewardship credits may be created only from lands
729 designated as stewardship sending areas and may be used only on
730 lands designated as stewardship receiving areas and then solely
731 for the purpose of implementing innovative planning and
732 development strategies and creative land use planning techniques
733 adopted by the local government pursuant to this section.
734 (c) Stewardship credits assigned to a parcel of land within
735 a rural land stewardship area shall cease to exist if the parcel
736 of land is removed from the rural land stewardship area by plan
737 amendment.
738 (d) Neither the creation of the rural land stewardship area
739 by plan amendment nor the adoption of the rural land stewardship
740 zoning overlay district by the local government may displace the
741 underlying permitted uses or the density or intensity of land
742 uses assigned to a parcel of land within the rural land
743 stewardship area that existed before adoption of the plan
744 amendment or zoning overlay district; however, once stewardship
745 credits have been transferred from a designated sending area for
746 use within a designated receiving area, the underlying density
747 assigned to the designated sending area ceases to exist.
748 (e) The underlying permitted uses, density, or intensity on
749 each parcel of land located within a rural land stewardship area
750 may not be increased or decreased by the local government,
751 except as a result of the conveyance or stewardship credits, as
752 long as the parcel remains within the rural land stewardship
753 area.
754 (f) Stewardship credits shall cease to exist on a parcel of
755 land where the underlying density assigned to the parcel of land
756 is used.
757 (g) An increase in the density or intensity of use on a
758 parcel of land located within a designated receiving area may
759 occur only through the assignment or use of stewardship credits
760 and do not require a plan amendment. A change in the type of
761 agricultural use on property within a rural land stewardship
762 area is not considered a change in use or intensity of use and
763 does not require any transfer of stewardship credits.
764 (h) A change in the density or intensity of land use on
765 parcels located within receiving areas shall be specified in a
766 development order that reflects the total number of stewardship
767 credits assigned to the parcel of land and the infrastructure
768 and support services necessary to provide for a functional mix
769 of land uses corresponding to the plan of development.
770 (i) Land within a rural land stewardship area may be
771 removed from the rural land stewardship area through a plan
772 amendment.
773 (j) Stewardship credits may be assigned at different ratios
774 of credits per acre according to the natural resource or other
775 beneficial use characteristics of the land and according to the
776 land use remaining after the transfer of credits, with the
777 highest number of credits per acre assigned to the most
778 environmentally valuable land or, in locations where the
779 retention of open space and agricultural land is a priority, to
780 such lands.
781 (k) Stewardship credits may be transferred from a sending
782 area only after a stewardship easement is placed on the sending
783 area land with assigned stewardship credits. A stewardship
784 easement is a covenant or restrictive easement running with the
785 land which specifies the allowable uses and development
786 restrictions for the portion of a sending area from which
787 stewardship credits have been transferred. The stewardship
788 easement must be jointly held by the county and the Department
789 of Environmental Protection, the Department of Agriculture and
790 Consumer Services, a water management district, or a recognized
791 statewide land trust.
792 (9) Owners of land within rural land stewardship sending
793 areas should be provided other incentives, in addition to the
794 use or conveyance of stewardship credits, to enter into rural
795 land stewardship agreements, pursuant to existing law and rules
796 adopted thereto, with state agencies, water management
797 districts, the Fish and Wildlife Conservation Commission, and
798 local governments to achieve mutually agreed upon objectives.
799 Such incentives may include, but are not limited to, the
800 following:
801 (a) Opportunity to accumulate transferable wetland and
802 species habitat mitigation credits for use or sale.
803 (b) Extended permit agreements.
804 (c) Opportunities for recreational leases and ecotourism.
805 (d) Compensation for the achievement of specified land
806 management activities of public benefit, including, but not
807 limited to, facility siting and corridors, recreational leases,
808 water conservation and storage, water reuse, wastewater
809 recycling, water supply and water resource development, nutrient
810 reduction, environmental restoration and mitigation, public
811 recreation, listed species protection and recovery, and wildlife
812 corridor management and enhancement.
813 (e) Option agreements for sale to public entities or
814 private land conservation entities, in either fee or easement,
815 upon achievement of specified conservation objectives.
816 (10) This section constitutes an overlay of land use
817 options that provide economic and regulatory incentives for
818 landowners outside of established and planned urban service
819 areas to conserve and manage vast areas of land for the benefit
820 of the state’s citizens and natural environment while
821 maintaining and enhancing the asset value of their landholdings.
822 It is the intent of the Legislature that this section be
823 implemented pursuant to law and rulemaking is not authorized.
824 (11) It is the intent of the Legislature that the rural
825 land stewardship area located in Collier County, which was
826 established pursuant to the requirements of a final order by the
827 Governor and Cabinet, duly adopted as a growth management plan
828 amendment by Collier County, and found in compliance with this
829 chapter, be recognized as a statutory rural land stewardship
830 area and be afforded the incentives in this section.
831 Section 33. Paragraph (a) of subsection (2) of section
832 163.360, Florida Statutes, is amended to read:
833 163.360 Community redevelopment plans.—
834 (2) The community redevelopment plan shall:
835 (a) Conform to the comprehensive plan for the county or
836 municipality as prepared by the local planning agency under the
837 Community Local Government Comprehensive Planning and Land
838 Development Regulation Act.
839 Section 34. Paragraph (a) of subsection (3) and subsection
840 (8) of section 163.516, Florida Statutes, are amended to read:
841 163.516 Safe neighborhood improvement plans.—
842 (3) The safe neighborhood improvement plan shall:
843 (a) Be consistent with the adopted comprehensive plan for
844 the county or municipality pursuant to the Community Local
845 Government Comprehensive Planning and Land Development
846 Regulation Act. No district plan shall be implemented unless the
847 local governing body has determined said plan is consistent.
848 (8) Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
849 the governing body of a municipality or county shall hold two
850 public hearings to consider the board-adopted safe neighborhood
851 improvement plan as an amendment or modification to the
852 municipality’s or county’s adopted local comprehensive plan.
853 Section 35. Paragraph (f) of subsection (6), subsection
854 (9), and paragraph (c) of subsection (11) of section 171.203,
855 Florida Statutes, are amended to read:
856 171.203 Interlocal service boundary agreement.—The
857 governing body of a county and one or more municipalities or
858 independent special districts within the county may enter into
859 an interlocal service boundary agreement under this part. The
860 governing bodies of a county, a municipality, or an independent
861 special district may develop a process for reaching an
862 interlocal service boundary agreement which provides for public
863 participation in a manner that meets or exceeds the requirements
864 of subsection (13), or the governing bodies may use the process
865 established in this section.
866 (6) An interlocal service boundary agreement may address
867 any issue concerning service delivery, fiscal responsibilities,
868 or boundary adjustment. The agreement may include, but need not
869 be limited to, provisions that:
870 (f) Establish a process for land use decisions consistent
871 with part II of chapter 163, including those made jointly by the
872 governing bodies of the county and the municipality, or allow a
873 municipality to adopt land use changes consistent with part II
874 of chapter 163 for areas that are scheduled to be annexed within
875 the term of the interlocal agreement; however, the county
876 comprehensive plan and land development regulations shall
877 control until the municipality annexes the property and amends
878 its comprehensive plan accordingly. Comprehensive plan
879 amendments to incorporate the process established by this
880 paragraph are exempt from the twice-per-year limitation under s.
881 163.3187.
882 (9) Each local government that is a party to the interlocal
883 service boundary agreement shall amend the intergovernmental
884 coordination element of its comprehensive plan, as described in
885 s. 163.3177(6)(h)1., no later than 6 months following entry of
886 the interlocal service boundary agreement consistent with s.
887 163.3177(6)(h)1. Plan amendments required by this subsection are
888 exempt from the twice-per-year limitation under s. 163.3187.
889 (11)
890 (c) Any amendment required by paragraph (a) is exempt from
891 the twice-per-year limitation under s. 163.3187.
892 Section 36. Section 186.513, Florida Statutes, is amended
893 to read:
894 186.513 Reports.—Each regional planning council shall
895 prepare and furnish an annual report on its activities to the
896 state land planning agency as defined in s. 163.3164(20) and the
897 local general-purpose governments within its boundaries and,
898 upon payment as may be established by the council, to any
899 interested person. The regional planning councils shall make a
900 joint report and recommendations to appropriate legislative
901 committees.
902 Section 37. Section 186.515, Florida Statutes, is amended
903 to read:
904 186.515 Creation of regional planning councils under
905 chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and
906 186.515 is intended to repeal or limit the provisions of chapter
907 163; however, the local general-purpose governments serving as
908 voting members of the governing body of a regional planning
909 council created pursuant to ss. 186.501-186.507, 186.513, and
910 186.515 are not authorized to create a regional planning council
911 pursuant to chapter 163 unless an agency, other than a regional
912 planning council created pursuant to ss. 186.501-186.507,
913 186.513, and 186.515, is designated to exercise the powers and
914 duties in any one or more of ss. 163.3164(19) and 380.031(15);
915 in which case, such a regional planning council is also without
916 authority to exercise the powers and duties in s. 163.3164(19)
917 or s. 380.031(15).
918 Section 38. Subsection (1) of section 189.415, Florida
919 Statutes, is amended to read:
920 189.415 Special district public facilities report.—
921 (1) It is declared to be the policy of this state to foster
922 coordination between special districts and local general-purpose
923 governments as those local general-purpose governments develop
924 comprehensive plans under the Community Local Government
925 Comprehensive Planning and Land Development Regulation Act,
926 pursuant to part II of chapter 163.
927 Section 39. Subsection (3) of section 190.004, Florida
928 Statutes, is amended to read:
929 190.004 Preemption; sole authority.—
930 (3) The establishment of an independent community
931 development district as provided in this act is not a
932 development order within the meaning of chapter 380. All
933 governmental planning, environmental, and land development laws,
934 regulations, and ordinances apply to all development of the land
935 within a community development district. Community development
936 districts do not have the power of a local government to adopt a
937 comprehensive plan, building code, or land development code, as
938 those terms are defined in the Community Local Government
939 Comprehensive Planning and Land Development Regulation Act. A
940 district shall take no action which is inconsistent with
941 applicable comprehensive plans, ordinances, or regulations of
942 the applicable local general-purpose government.
943 Section 40. Paragraph (a) of subsection (1) of section
944 190.005, Florida Statutes, is amended to read:
945 190.005 Establishment of district.—
946 (1) The exclusive and uniform method for the establishment
947 of a community development district with a size of 1,000 acres
948 or more shall be pursuant to a rule, adopted under chapter 120
949 by the Florida Land and Water Adjudicatory Commission, granting
950 a petition for the establishment of a community development
951 district.
952 (a) A petition for the establishment of a community
953 development district shall be filed by the petitioner with the
954 Florida Land and Water Adjudicatory Commission. The petition
955 shall contain:
956 1. A metes and bounds description of the external
957 boundaries of the district. Any real property within the
958 external boundaries of the district which is to be excluded from
959 the district shall be specifically described, and the last known
960 address of all owners of such real property shall be listed. The
961 petition shall also address the impact of the proposed district
962 on any real property within the external boundaries of the
963 district which is to be excluded from the district.
964 2. The written consent to the establishment of the district
965 by all landowners whose real property is to be included in the
966 district or documentation demonstrating that the petitioner has
967 control by deed, trust agreement, contract, or option of 100
968 percent of the real property to be included in the district, and
969 when real property to be included in the district is owned by a
970 governmental entity and subject to a ground lease as described
971 in s. 190.003(14), the written consent by such governmental
972 entity.
973 3. A designation of five persons to be the initial members
974 of the board of supervisors, who shall serve in that office
975 until replaced by elected members as provided in s. 190.006.
976 4. The proposed name of the district.
977 5. A map of the proposed district showing current major
978 trunk water mains and sewer interceptors and outfalls if in
979 existence.
980 6. Based upon available data, the proposed timetable for
981 construction of the district services and the estimated cost of
982 constructing the proposed services. These estimates shall be
983 submitted in good faith but are shall not be binding and may be
984 subject to change.
985 7. A designation of the future general distribution,
986 location, and extent of public and private uses of land proposed
987 for the area within the district by the future land use plan
988 element of the effective local government comprehensive plan of
989 which all mandatory elements have been adopted by the applicable
990 general-purpose local government in compliance with the
991 Community Local Government Comprehensive Planning and Land
992 Development Regulation Act.
993 8. A statement of estimated regulatory costs in accordance
994 with the requirements of s. 120.541.
995 Section 41. Paragraph (i) of subsection (6) of section
996 193.501, Florida Statutes, is amended to read:
997 193.501 Assessment of lands subject to a conservation
998 easement, environmentally endangered lands, or lands used for
999 outdoor recreational or park purposes when land development
1000 rights have been conveyed or conservation restrictions have been
1001 covenanted.—
1002 (6) The following terms whenever used as referred to in
1003 this section have the following meanings unless a different
1004 meaning is clearly indicated by the context:
1005 (i) “Qualified as environmentally endangered” means land
1006 that has unique ecological characteristics, rare or limited
1007 combinations of geological formations, or features of a rare or
1008 limited nature constituting habitat suitable for fish, plants,
1009 or wildlife, and which, if subject to a development moratorium
1010 or one or more conservation easements or development
1011 restrictions appropriate to retaining such land or water areas
1012 predominantly in their natural state, would be consistent with
1013 the conservation, recreation and open space, and, if applicable,
1014 coastal protection elements of the comprehensive plan adopted by
1015 formal action of the local governing body pursuant to s.
1016 163.3161, the Community Local Government Comprehensive Planning
1017 and Land Development Regulation Act; or surface waters and
1018 wetlands, as determined by the methodology ratified in s.
1019 373.4211.
1020 Section 42. Subsection (15) of section 287.042, Florida
1021 Statutes, is amended to read:
1022 287.042 Powers, duties, and functions.—The department shall
1023 have the following powers, duties, and functions:
1024 (15) To enter into joint agreements with governmental
1025 agencies, as defined in s. 163.3164(10), for the purpose of
1026 pooling funds for the purchase of commodities or information
1027 technology that can be used by multiple agencies.
1028 (a) Each agency that has been appropriated or has existing
1029 funds for such purchase, shall, upon contract award by the
1030 department, transfer their portion of the funds into the
1031 department’s Operating Trust Fund for payment by the department.
1032 The funds shall be transferred by the Executive Office of the
1033 Governor pursuant to the agency budget amendment request
1034 provisions in chapter 216.
1035 (b) Agencies that sign the joint agreements are financially
1036 obligated for their portion of the agreed-upon funds. If an
1037 agency becomes more than 90 days delinquent in paying the funds,
1038 the department shall certify to the Chief Financial Officer the
1039 amount due, and the Chief Financial Officer shall transfer the
1040 amount due to the Operating Trust Fund of the department from
1041 any of the agency’s available funds. The Chief Financial Officer
1042 shall report these transfers and the reasons for the transfers
1043 to the Executive Office of the Governor and the legislative
1044 appropriations committees.
1045 Section 43. Subsection (4) of section 288.063, Florida
1046 Statutes, is amended to read:
1047 288.063 Contracts for transportation projects.—
1048 (4) The Office of Tourism, Trade, and Economic Development
1049 may adopt criteria by which transportation projects are to be
1050 reviewed and certified in accordance with s. 288.061. In
1051 approving transportation projects for funding, the Office of
1052 Tourism, Trade, and Economic Development shall consider factors
1053 including, but not limited to, the cost per job created or
1054 retained considering the amount of transportation funds
1055 requested; the average hourly rate of wages for jobs created;
1056 the reliance on the program as an inducement for the project’s
1057 location decision; the amount of capital investment to be made
1058 by the business; the demonstrated local commitment; the location
1059 of the project in an enterprise zone designated pursuant to s.
1060 290.0055; the location of the project in a spaceport territory
1061 as defined in s. 331.304; the unemployment rate of the
1062 surrounding area; and the poverty rate of the community; and the
1063 adoption of an economic element as part of its local
1064 comprehensive plan in accordance with s. 163.3177(7)(j). The
1065 Office of Tourism, Trade, and Economic Development may contact
1066 any agency it deems appropriate for additional input regarding
1067 the approval of projects.
1068 Section 44. Paragraph (a) of subsection (2), subsection
1069 (10), and paragraph (d) of subsection (12) of section 288.975,
1070 Florida Statutes, are amended to read:
1071 288.975 Military base reuse plans.—
1072 (2) As used in this section, the term:
1073 (a) “Affected local government” means a local government
1074 adjoining the host local government and any other unit of local
1075 government that is not a host local government but that is
1076 identified in a proposed military base reuse plan as providing,
1077 operating, or maintaining one or more public facilities as
1078 defined in s. 163.3164(24) on lands within or serving a military
1079 base designated for closure by the Federal Government.
1080 (10) Within 60 days after receipt of a proposed military
1081 base reuse plan, these entities shall review and provide
1082 comments to the host local government. The commencement of this
1083 review period shall be advertised in newspapers of general
1084 circulation within the host local government and any affected
1085 local government to allow for public comment. No later than 180
1086 days after receipt and consideration of all comments, and the
1087 holding of at least two public hearings, the host local
1088 government shall adopt the military base reuse plan. The host
1089 local government shall comply with the notice requirements set
1090 forth in s. 163.3184(11)(15) to ensure full public participation
1091 in this planning process.
1092 (12) Following receipt of a petition, the petitioning party
1093 or parties and the host local government shall seek resolution
1094 of the issues in dispute. The issues in dispute shall be
1095 resolved as follows:
1096 (d) Within 45 days after receiving the report from the
1097 state land planning agency, the Administration Commission shall
1098 take action to resolve the issues in dispute. In deciding upon a
1099 proper resolution, the Administration Commission shall consider
1100 the nature of the issues in dispute, any requests for a formal
1101 administrative hearing pursuant to chapter 120, the compliance
1102 of the parties with this section, the extent of the conflict
1103 between the parties, the comparative hardships and the public
1104 interest involved. If the Administration Commission incorporates
1105 in its final order a term or condition that requires any local
1106 government to amend its local government comprehensive plan, the
1107 local government shall amend its plan within 60 days after the
1108 issuance of the order. Such amendment or amendments shall be
1109 exempt from the limitation of the frequency of plan amendments
1110 contained in s. 163.3187(1), and A public hearing on such
1111 amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
1112 shall not be required. The final order of the Administration
1113 Commission is subject to appeal pursuant to s. 120.68. If the
1114 order of the Administration Commission is appealed, the time for
1115 the local government to amend its plan shall be tolled during
1116 the pendency of any local, state, or federal administrative or
1117 judicial proceeding relating to the military base reuse plan.
1118 Section 45. Subsection (4) of section 290.0475, Florida
1119 Statutes, is amended to read:
1120 290.0475 Rejection of grant applications; penalties for
1121 failure to meet application conditions.—Applications received
1122 for funding under all program categories shall be rejected
1123 without scoring only in the event that any of the following
1124 circumstances arise:
1125 (4) The application is not consistent with the local
1126 government’s comprehensive plan adopted pursuant to s.
1127 163.3184(7).
1128 Section 46. Paragraph (c) of subsection (3) of section
1129 311.07, Florida Statutes, is amended to read:
1130 311.07 Florida seaport transportation and economic
1131 development funding.—
1132 (3)
1133 (c) To be eligible for consideration by the council
1134 pursuant to this section, a project must be consistent with the
1135 port comprehensive master plan which is incorporated as part of
1136 the approved local government comprehensive plan as required by
1137 s. 163.3178(2)(k) or other provisions of the Community Local
1138 Government Comprehensive Planning and Land Development
1139 Regulation Act, part II of chapter 163.
1140 Section 47. Subsection (1) of section 331.319, Florida
1141 Statutes, is amended to read:
1142 331.319 Comprehensive planning; building and safety codes.
1143 The board of directors may:
1144 (1) Adopt, and from time to time review, amend, supplement,
1145 or repeal, a comprehensive general plan for the physical
1146 development of the area within the spaceport territory in
1147 accordance with the objectives and purposes of this act and
1148 consistent with the comprehensive plans of the applicable county
1149 or counties and municipality or municipalities adopted pursuant
1150 to the Community Local Government Comprehensive Planning and
1151 Land Development Regulation Act, part II of chapter 163.
1152 Section 48. Paragraph (e) of subsection (5) of section
1153 339.155, Florida Statutes, is amended to read:
1154 339.155 Transportation planning.—
1155 (5) ADDITIONAL TRANSPORTATION PLANS.—
1156 (e) The regional transportation plan developed pursuant to
1157 this section must, at a minimum, identify regionally significant
1158 transportation facilities located within a regional
1159 transportation area and contain a prioritized list of regionally
1160 significant projects. The level-of-service standards for
1161 facilities to be funded under this subsection shall be adopted
1162 by the appropriate local government in accordance with s.
1163 163.3180(10). The projects shall be adopted into the capital
1164 improvements schedule of the local government comprehensive plan
1165 pursuant to s. 163.3177(3).
1166 Section 49. Paragraph (a) of subsection (4) of section
1167 339.2819, Florida Statutes, is amended to read:
1168 339.2819 Transportation Regional Incentive Program.—
1169 (4)(a) Projects to be funded with Transportation Regional
1170 Incentive Program funds shall, at a minimum:
1171 1. Support those transportation facilities that serve
1172 national, statewide, or regional functions and function as an
1173 integrated regional transportation system.
1174 2. Be identified in the capital improvements element of a
1175 comprehensive plan that has been determined to be in compliance
1176 with part II of chapter 163, after July 1, 2005, or to implement
1177 a long-term concurrency management system adopted by a local
1178 government in accordance with s. 163.3180(9). Further, the
1179 project shall be in compliance with local government
1180 comprehensive plan policies relative to corridor management.
1181 3. Be consistent with the Strategic Intermodal System Plan
1182 developed under s. 339.64.
1183 4. Have a commitment for local, regional, or private
1184 financial matching funds as a percentage of the overall project
1185 cost.
1186 Section 50. Subsection (5) of section 369.303, Florida
1187 Statutes, is amended to read:
1188 369.303 Definitions.—As used in this part:
1189 (5) “Land development regulation” means a regulation
1190 covered by the definition in s. 163.3164(23) and any of the
1191 types of regulations described in s. 163.3202.
1192 Section 51. Subsections (5) and (7) of section 369.321,
1193 Florida Statutes, are amended to read:
1194 369.321 Comprehensive plan amendments.—Except as otherwise
1195 expressly provided, by January 1, 2006, each local government
1196 within the Wekiva Study Area shall amend its local government
1197 comprehensive plan to include the following:
1198 (5) Comprehensive plans and comprehensive plan amendments
1199 adopted by the local governments to implement this section shall
1200 be reviewed by the Department of Community Affairs pursuant to
1201 s. 163.3184, and shall be exempt from the provisions of s.
1202 163.3187(1).
1203 (7) During the period prior to the adoption of the
1204 comprehensive plan amendments required by this act, any local
1205 comprehensive plan amendment adopted by a city or county that
1206 applies to land located within the Wekiva Study Area shall
1207 protect surface and groundwater resources and be reviewed by the
1208 Department of Community Affairs, pursuant to chapter 163 and
1209 chapter 9J-5, Florida Administrative Code, using best available
1210 data, including the information presented to the Wekiva River
1211 Basin Coordinating Committee.
1212 Section 52. Subsection (1) of section 378.021, Florida
1213 Statutes, is amended to read:
1214 378.021 Master reclamation plan.—
1215 (1) The Department of Environmental Protection shall amend
1216 the master reclamation plan that provides guidelines for the
1217 reclamation of lands mined or disturbed by the severance of
1218 phosphate rock prior to July 1, 1975, which lands are not
1219 subject to mandatory reclamation under part II of chapter 211.
1220 In amending the master reclamation plan, the Department of
1221 Environmental Protection shall continue to conduct an onsite
1222 evaluation of all lands mined or disturbed by the severance of
1223 phosphate rock prior to July 1, 1975, which lands are not
1224 subject to mandatory reclamation under part II of chapter 211.
1225 The master reclamation plan when amended by the Department of
1226 Environmental Protection shall be consistent with local
1227 government plans prepared pursuant to the Community Local
1228 Government Comprehensive Planning and Land Development
1229 Regulation Act.
1230 Section 53. Subsection (10) of section 380.031, Florida
1231 Statutes, is amended to read:
1232 380.031 Definitions.—As used in this chapter:
1233 (10) “Local comprehensive plan” means any or all local
1234 comprehensive plans or elements or portions thereof prepared,
1235 adopted, or amended pursuant to the Community Local Government
1236 Comprehensive Planning and Land Development Regulation Act, as
1237 amended.
1238 Section 54. Paragraph (d) of subsection (2), paragraph (b)
1239 of subsection (6), paragraphs (c) and (e) of subsection (19),
1240 subsection (24), paragraph (e) of subsection (28), and
1241 paragraphs (a), (d), and (e) of subsection (29) of section
1242 380.06, Florida Statutes, are amended, and subsection (30) is
1243 added to that section, to read:
1244 380.06 Developments of regional impact.—
1245 (2) STATEWIDE GUIDELINES AND STANDARDS.—
1246 (d) The guidelines and standards shall be applied as
1247 follows:
1248 1. Fixed thresholds.—
1249 a. A development that is below 100 percent of all numerical
1250 thresholds in the guidelines and standards shall not be required
1251 to undergo development-of-regional-impact review.
1252 b. A development that is at or above 120 percent of any
1253 numerical threshold shall be required to undergo development-of
1254 regional-impact review.
1255 c. Projects certified under s. 403.973 which create at
1256 least 100 jobs and meet the criteria of the Office of Tourism,
1257 Trade, and Economic Development as to their impact on an area’s
1258 economy, employment, and prevailing wage and skill levels that
1259 are at or below 100 percent of the numerical thresholds for
1260 industrial plants, industrial parks, distribution, warehousing
1261 or wholesaling facilities, office development or multiuse
1262 projects other than residential, as described in s.
1263 380.0651(3)(c), (d), and (f)(h), are not required to undergo
1264 development-of-regional-impact review.
1265 2. Rebuttable presumption.—It shall be presumed that a
1266 development that is at 100 percent or between 100 and 120
1267 percent of a numerical threshold shall be required to undergo
1268 development-of-regional-impact review.
1269 Section 55. Paragraph (b) of subsection (6), paragraph (g)
1270 of subsection (15), paragraphs (b), (c), and (e) of subsection
1271 (19), subsection (24), paragraph (e) of subsection (28), and
1272 paragraphs (a), (d), and (e) of subsection (29) of section
1273 380.06, Florida Statutes, are amended, and subsection (30) is
1274 added to that section, to read:
1275 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
1276 PLAN AMENDMENTS.—
1277 (b) Any local government comprehensive plan amendments
1278 related to a proposed development of regional impact, including
1279 any changes proposed under subsection (19), may be initiated by
1280 a local planning agency or the developer and must be considered
1281 by the local governing body at the same time as the application
1282 for development approval using the procedures provided for local
1283 plan amendment in s. 163.3187 or s. 163.3189 and applicable
1284 local ordinances, without regard to statutory or local ordinance
1285 limits on the frequency of consideration of amendments to the
1286 local comprehensive plan. Nothing in This paragraph does not
1287 shall be deemed to require favorable consideration of a plan
1288 amendment solely because it is related to a development of
1289 regional impact. The procedure for processing such comprehensive
1290 plan amendments is as follows:
1291 1. If a developer seeks a comprehensive plan amendment
1292 related to a development of regional impact, the developer must
1293 so notify in writing the regional planning agency, the
1294 applicable local government, and the state land planning agency
1295 no later than the date of preapplication conference or the
1296 submission of the proposed change under subsection (19).
1297 2. When filing the application for development approval or
1298 the proposed change, the developer must include a written
1299 request for comprehensive plan amendments that would be
1300 necessitated by the development-of-regional-impact approvals
1301 sought. That request must include data and analysis upon which
1302 the applicable local government can determine whether to
1303 transmit the comprehensive plan amendment pursuant to s.
1304 163.3184.
1305 3. The local government must advertise a public hearing on
1306 the transmittal within 30 days after filing the application for
1307 development approval or the proposed change and must make a
1308 determination on the transmittal within 60 days after the
1309 initial filing unless that time is extended by the developer.
1310 4. If the local government approves the transmittal,
1311 procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
1312 followed.
1313 5. Notwithstanding subsection (11) or subsection (19), the
1314 local government may not hold a public hearing on the
1315 application for development approval or the proposed change or
1316 on the comprehensive plan amendments sooner than 30 days from
1317 receipt of the response from the state land planning agency
1318 pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
1319 local governments to adopt, adopt with changes, or not adopt
1320 plan amendments pursuant to s. 163.3184(7) shall not apply to
1321 concurrent plan amendments provided for in this subsection.
1322 6. The local government must hear both the application for
1323 development approval or the proposed change and the
1324 comprehensive plan amendments at the same hearing. However, the
1325 local government must take action separately on the application
1326 for development approval or the proposed change and on the
1327 comprehensive plan amendments.
1328 7. Thereafter, the appeal process for the local government
1329 development order must follow the provisions of s. 380.07, and
1330 the compliance process for the comprehensive plan amendments
1331 must follow the provisions of s. 163.3184.
1332 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
1333 (g) A local government shall not issue permits for
1334 development subsequent to the buildout date contained in the
1335 development order unless:
1336 1. The proposed development has been evaluated cumulatively
1337 with existing development under the substantial deviation
1338 provisions of subsection (19) subsequent to the termination or
1339 expiration date;
1340 2. The proposed development is consistent with an
1341 abandonment of development order that has been issued in
1342 accordance with the provisions of subsection (26);
1343 3. The development of regional impact is essentially built
1344 out, in that all the mitigation requirements in the development
1345 order have been satisfied, all developers are in compliance with
1346 all applicable terms and conditions of the development order
1347 except the buildout date, and the amount of proposed development
1348 that remains to be built is less than 40 20 percent of any
1349 applicable development-of-regional-impact threshold; or
1350 4. The project has been determined to be an essentially
1351 built-out development of regional impact through an agreement
1352 executed by the developer, the state land planning agency, and
1353 the local government, in accordance with s. 380.032, which will
1354 establish the terms and conditions under which the development
1355 may be continued. If the project is determined to be essentially
1356 built out, development may proceed pursuant to the s. 380.032
1357 agreement after the termination or expiration date contained in
1358 the development order without further development-of-regional
1359 impact review subject to the local government comprehensive plan
1360 and land development regulations or subject to a modified
1361 development-of-regional-impact analysis. As used in this
1362 paragraph, an “essentially built-out” development of regional
1363 impact means:
1364 a. The developers are in compliance with all applicable
1365 terms and conditions of the development order except the
1366 buildout date; and
1367 b.(I) The amount of development that remains to be built is
1368 less than the substantial deviation threshold specified in
1369 paragraph (19)(b) for each individual land use category, or, for
1370 a multiuse development, the sum total of all unbuilt land uses
1371 as a percentage of the applicable substantial deviation
1372 threshold is equal to or less than 100 percent; or
1373 (II) The state land planning agency and the local
1374 government have agreed in writing that the amount of development
1375 to be built does not create the likelihood of any additional
1376 regional impact not previously reviewed.
1377
1378 The single-family residential portions of a development may
1379 be considered “essentially built out” if all of the workforce
1380 housing obligations and all of the infrastructure and horizontal
1381 development have been completed, at least 50 percent of the
1382 dwelling units have been completed, and more than 80 percent of
1383 the lots have been conveyed to third-party individual lot owners
1384 or to individual builders who own no more than 40 lots at the
1385 time of the determination. The mobile home park portions of a
1386 development may be considered “essentially built out” if all the
1387 infrastructure and horizontal development has been completed,
1388 and at least 50 percent of the lots are leased to individual
1389 mobile home owners.
1390 (19) SUBSTANTIAL DEVIATIONS.—
1391 (b) Any proposed change to a previously approved
1392 development of regional impact or development order condition
1393 which, either individually or cumulatively with other changes,
1394 exceeds any of the following criteria shall constitute a
1395 substantial deviation and shall cause the development to be
1396 subject to further development-of-regional-impact review without
1397 the necessity for a finding of same by the local government:
1398 1. An increase in the number of parking spaces at an
1399 attraction or recreational facility by 15 10 percent or 500 330
1400 spaces, whichever is greater, or an increase in the number of
1401 spectators that may be accommodated at such a facility by 15 10
1402 percent or 1,500 1,100 spectators, whichever is greater.
1403 2. A new runway, a new terminal facility, a 25-percent
1404 lengthening of an existing runway, or a 25-percent increase in
1405 the number of gates of an existing terminal, but only if the
1406 increase adds at least three additional gates.
1407 3. An increase in industrial development area by 10 percent
1408 or 35 acres, whichever is greater.
1409 4. An increase in the average annual acreage mined by 10
1410 percent or 11 acres, whichever is greater, or an increase in the
1411 average daily water consumption by a mining operation by 10
1412 percent or 330,000 gallons, whichever is greater. A net increase
1413 in the size of the mine by 10 percent or 825 acres, whichever is
1414 less. For purposes of calculating any net increases in size,
1415 only additions and deletions of lands that have not been mined
1416 shall be considered. An increase in the size of a heavy mineral
1417 mine as defined in s. 378.403(7) will only constitute a
1418 substantial deviation if the average annual acreage mined is
1419 more than 550 acres and consumes more than 3.3 million gallons
1420 of water per day.
1421 3.5. An increase in land area for office development by 15
1422 10 percent or an increase of gross floor area of office
1423 development by 15 10 percent or 100,000 66,000 gross square
1424 feet, whichever is greater.
1425 4.6. An increase in the number of dwelling units by 10
1426 percent or 55 dwelling units, whichever is greater.
1427 5.7. An increase in the number of dwelling units by 50
1428 percent or 200 units, whichever is greater, provided that 15
1429 percent of the proposed additional dwelling units are dedicated
1430 to affordable workforce housing, subject to a recorded land use
1431 restriction that shall be for a period of not less than 20 years
1432 and that includes resale provisions to ensure long-term
1433 affordability for income-eligible homeowners and renters and
1434 provisions for the workforce housing to be commenced prior to
1435 the completion of 50 percent of the market rate dwelling. For
1436 purposes of this subparagraph, the term “affordable workforce
1437 housing” means housing that is affordable to a person who earns
1438 less than 120 percent of the area median income, or less than
1439 140 percent of the area median income if located in a county in
1440 which the median purchase price for a single-family existing
1441 home exceeds the statewide median purchase price of a single
1442 family existing home. For purposes of this subparagraph, the
1443 term “statewide median purchase price of a single-family
1444 existing home” means the statewide purchase price as determined
1445 in the Florida Sales Report, Single-Family Existing Homes,
1446 released each January by the Florida Association of Realtors and
1447 the University of Florida Real Estate Research Center.
1448 6.8. An increase in commercial development by 60,000 55,000
1449 square feet of gross floor area or of parking spaces provided
1450 for customers for 425 330 cars or a 10-percent increase of
1451 either of these, whichever is greater.
1452 9. An increase in hotel or motel rooms by 10 percent or 83
1453 rooms, whichever is greater.
1454 7.10. An increase in a recreational vehicle park area by 10
1455 percent or 110 vehicle spaces, whichever is less.
1456 8.11. A decrease in the area set aside for open space of 5
1457 percent or 20 acres, whichever is less.
1458 9.12. A proposed increase to an approved multiuse
1459 development of regional impact where the sum of the increases of
1460 each land use as a percentage of the applicable substantial
1461 deviation criteria is equal to or exceeds 110 percent. The
1462 percentage of any decrease in the amount of open space shall be
1463 treated as an increase for purposes of determining when 110
1464 percent has been reached or exceeded.
1465 10.13. A 15-percent increase in the number of external
1466 vehicle trips generated by the development above that which was
1467 projected during the original development-of-regional-impact
1468 review.
1469 11.14. Any change which would result in development of any
1470 area which was specifically set aside in the application for
1471 development approval or in the development order for
1472 preservation or special protection of endangered or threatened
1473 plants or animals designated as endangered, threatened, or
1474 species of special concern and their habitat, any species
1475 protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
1476 archaeological and historical sites designated as significant by
1477 the Division of Historical Resources of the Department of State.
1478 The refinement of the boundaries and configuration of such areas
1479 shall be considered under sub-subparagraph (e)2.j.
1480
1481 The substantial deviation numerical standards in
1482 subparagraphs 3., 6., and 5., 8., 9., and 12., excluding
1483 residential uses, and in subparagraph 10. 13., are increased by
1484 100 percent for a project certified under s. 403.973 which
1485 creates jobs and meets criteria established by the Office of
1486 Tourism, Trade, and Economic Development as to its impact on an
1487 area’s economy, employment, and prevailing wage and skill
1488 levels. The substantial deviation numerical standards in
1489 subparagraphs 3., 4. 5., 6., 7., 8., 9., 12., and 10. 13. are
1490 increased by 50 percent for a project located wholly within an
1491 urban infill and redevelopment area designated on the applicable
1492 adopted local comprehensive plan future land use map and not
1493 located within the coastal high hazard area.
1494 (c) An extension of the date of buildout of a development,
1495 or any phase thereof, by more than 7 years is presumed to create
1496 a substantial deviation subject to further development-of
1497 regional-impact review.
1498 1. An extension of the date of buildout, or any phase
1499 thereof, of more than 5 years but not more than 7 years is
1500 presumed not to create a substantial deviation. The extension of
1501 the date of buildout of an areawide development of regional
1502 impact by more than 5 years but less than 10 years is presumed
1503 not to create a substantial deviation. These presumptions may be
1504 rebutted by clear and convincing evidence at the public hearing
1505 held by the local government. An extension of 5 years or less is
1506 not a substantial deviation.
1507 2. In recognition of the 2011 real estate market
1508 conditions, at the option of the developer, all commencement,
1509 phase, buildout, and expiration dates for projects that are
1510 currently valid developments of regional impact are extended for
1511 4 years regardless of any previous extension. Associated
1512 mitigation requirements are extended for the same period unless
1513 a governmental entity notifies the developer by December 1,
1514 2011, that it has entered into a contract for construction of a
1515 facility with some or all of development’s mitigation funds
1516 specified in the development order or a written agreement with
1517 the developer. The 4-year extension is not a substantial
1518 deviation, is not subject to further development-of-regional
1519 impact review, and may not be considered when determining
1520 whether a subsequent extension is a substantial deviation under
1521 this subsection. The developer must notify the local government
1522 in writing by December 31, 2011, in order to receive the 4-year
1523 extension.
1524
1525 For the purpose of calculating when a buildout or phase
1526 date has been exceeded, the time shall be tolled during the
1527 pendency of administrative or judicial proceedings relating to
1528 development permits. Any extension of the buildout date of a
1529 project or a phase thereof shall automatically extend the
1530 commencement date of the project, the termination date of the
1531 development order, the expiration date of the development of
1532 regional impact, and the phases thereof if applicable by a like
1533 period of time. In recognition of the 2007 real estate market
1534 conditions, all phase, buildout, and expiration dates for
1535 projects that are developments of regional impact and under
1536 active construction on July 1, 2007, are extended for 3 years
1537 regardless of any prior extension. The 3-year extension is not a
1538 substantial deviation, is not subject to further development-of
1539 regional-impact review, and may not be considered when
1540 determining whether a subsequent extension is a substantial
1541 deviation under this subsection.
1542 (e)1. Except for a development order rendered pursuant to
1543 subsection (22) or subsection (25), a proposed change to a
1544 development order that individually or cumulatively with any
1545 previous change is less than any numerical criterion contained
1546 in subparagraphs (b)1.-10.1.-13. and does not exceed any other
1547 criterion, or that involves an extension of the buildout date of
1548 a development, or any phase thereof, of less than 5 years is not
1549 subject to the public hearing requirements of subparagraph
1550 (f)3., and is not subject to a determination pursuant to
1551 subparagraph (f)5. Notice of the proposed change shall be made
1552 to the regional planning council and the state land planning
1553 agency. Such notice shall include a description of previous
1554 individual changes made to the development, including changes
1555 previously approved by the local government, and shall include
1556 appropriate amendments to the development order.
1557 2. The following changes, individually or cumulatively with
1558 any previous changes, are not substantial deviations:
1559 a. Changes in the name of the project, developer, owner, or
1560 monitoring official.
1561 b. Changes to a setback that do not affect noise buffers,
1562 environmental protection or mitigation areas, or archaeological
1563 or historical resources.
1564 c. Changes to minimum lot sizes.
1565 d. Changes in the configuration of internal roads that do
1566 not affect external access points.
1567 e. Changes to the building design or orientation that stay
1568 approximately within the approved area designated for such
1569 building and parking lot, and which do not affect historical
1570 buildings designated as significant by the Division of
1571 Historical Resources of the Department of State.
1572 f. Changes to increase the acreage in the development,
1573 provided that no development is proposed on the acreage to be
1574 added.
1575 g. Changes to eliminate an approved land use, provided that
1576 there are no additional regional impacts.
1577 h. Changes required to conform to permits approved by any
1578 federal, state, or regional permitting agency, provided that
1579 these changes do not create additional regional impacts.
1580 i. Any renovation or redevelopment of development within a
1581 previously approved development of regional impact which does
1582 not change land use or increase density or intensity of use.
1583 j. Changes that modify boundaries and configuration of
1584 areas described in subparagraph (b)11.14. due to science-based
1585 refinement of such areas by survey, by habitat evaluation, by
1586 other recognized assessment methodology, or by an environmental
1587 assessment. In order for changes to qualify under this sub
1588 subparagraph, the survey, habitat evaluation, or assessment must
1589 occur prior to the time a conservation easement protecting such
1590 lands is recorded and must not result in any net decrease in the
1591 total acreage of the lands specifically set aside for permanent
1592 preservation in the final development order.
1593 k. Any other change which the state land planning agency,
1594 in consultation with the regional planning council, agrees in
1595 writing is similar in nature, impact, or character to the
1596 changes enumerated in sub-subparagraphs a.-j. and which does not
1597 create the likelihood of any additional regional impact.
1598
1599 This subsection does not require the filing of a notice of
1600 proposed change but shall require an application to the local
1601 government to amend the development order in accordance with the
1602 local government’s procedures for amendment of a development
1603 order. In accordance with the local government’s procedures,
1604 including requirements for notice to the applicant and the
1605 public, the local government shall either deny the application
1606 for amendment or adopt an amendment to the development order
1607 which approves the application with or without conditions.
1608 Following adoption, the local government shall render to the
1609 state land planning agency the amendment to the development
1610 order. The state land planning agency may appeal, pursuant to s.
1611 380.07(3), the amendment to the development order if the
1612 amendment involves sub-subparagraph g., sub-subparagraph h.,
1613 sub-subparagraph j., or sub-subparagraph k., and it believes the
1614 change creates a reasonable likelihood of new or additional
1615 regional impacts.
1616 3. Except for the change authorized by sub-subparagraph
1617 2.f., any addition of land not previously reviewed or any change
1618 not specified in paragraph (b) or paragraph (c) shall be
1619 presumed to create a substantial deviation. This presumption may
1620 be rebutted by clear and convincing evidence.
1621 4. Any submittal of a proposed change to a previously
1622 approved development shall include a description of individual
1623 changes previously made to the development, including changes
1624 previously approved by the local government. The local
1625 government shall consider the previous and current proposed
1626 changes in deciding whether such changes cumulatively constitute
1627 a substantial deviation requiring further development-of
1628 regional-impact review.
1629 5. The following changes to an approved development of
1630 regional impact shall be presumed to create a substantial
1631 deviation. Such presumption may be rebutted by clear and
1632 convincing evidence.
1633 a. A change proposed for 15 percent or more of the acreage
1634 to a land use not previously approved in the development order.
1635 Changes of less than 15 percent shall be presumed not to create
1636 a substantial deviation.
1637 b. Notwithstanding any provision of paragraph (b) to the
1638 contrary, a proposed change consisting of simultaneous increases
1639 and decreases of at least two of the uses within an authorized
1640 multiuse development of regional impact which was originally
1641 approved with three or more uses specified in s. 380.0651(3)(c),
1642 (d), (e), and (f) and residential use.
1643 6. If a local government agrees to a proposed change, a
1644 change in the transportation proportionate share calculation and
1645 mitigation plan in an adopted development order as a result of
1646 recalculation of the proportionate share contribution meeting
1647 the requirements of s. 163.3180(5)(h) in effect as of the date
1648 of such change shall be presumed not to create a substantial
1649 deviation. For purposes of this subsection, the proposed change
1650 in the proportionate share calculation or mitigation plan shall
1651 not be considered an additional regional transportation impact.
1652 (e)1. Except for a development order rendered pursuant to
1653 subsection (22) or subsection (25), a proposed change to a
1654 development order that individually or cumulatively with any
1655 previous change is less than any numerical criterion contained
1656 in subparagraphs (b)1.-13. and does not exceed any other
1657 criterion, or that involves an extension of the buildout date of
1658 a development, or any phase thereof, of less than 5 years is not
1659 subject to the public hearing requirements of subparagraph
1660 (f)3., and is not subject to a determination pursuant to
1661 subparagraph (f)5. Notice of the proposed change shall be made
1662 to the regional planning council and the state land planning
1663 agency. Such notice shall include a description of previous
1664 individual changes made to the development, including changes
1665 previously approved by the local government, and shall include
1666 appropriate amendments to the development order.
1667 2. The following changes, individually or cumulatively with
1668 any previous changes, are not substantial deviations:
1669 a. Changes in the name of the project, developer, owner, or
1670 monitoring official.
1671 b. Changes to a setback that do not affect noise buffers,
1672 environmental protection or mitigation areas, or archaeological
1673 or historical resources.
1674 c. Changes to minimum lot sizes.
1675 d. Changes in the configuration of internal roads that do
1676 not affect external access points.
1677 e. Changes to the building design or orientation that stay
1678 approximately within the approved area designated for such
1679 building and parking lot, and which do not affect historical
1680 buildings designated as significant by the Division of
1681 Historical Resources of the Department of State.
1682 f. Changes to increase the acreage in the development,
1683 provided that no development is proposed on the acreage to be
1684 added.
1685 g. Changes to eliminate an approved land use, provided that
1686 there are no additional regional impacts.
1687 h. Changes required to conform to permits approved by any
1688 federal, state, or regional permitting agency, provided that
1689 these changes do not create additional regional impacts.
1690 i. Any renovation or redevelopment of development within a
1691 previously approved development of regional impact which does
1692 not change land use or increase density or intensity of use.
1693 j. Changes that modify boundaries and configuration of
1694 areas described in subparagraph (b)14. due to science-based
1695 refinement of such areas by survey, by habitat evaluation, by
1696 other recognized assessment methodology, or by an environmental
1697 assessment. In order for changes to qualify under this sub
1698 subparagraph, the survey, habitat evaluation, or assessment must
1699 occur prior to the time a conservation easement protecting such
1700 lands is recorded and must not result in any net decrease in the
1701 total acreage of the lands specifically set aside for permanent
1702 preservation in the final development order.
1703 k. Any other change which the state land planning agency,
1704 in consultation with the regional planning council, agrees in
1705 writing is similar in nature, impact, or character to the
1706 changes enumerated in sub-subparagraphs a.-j. and which does not
1707 create the likelihood of any additional regional impact.
1708
1709 This subsection does not require the filing of a notice of
1710 proposed change but shall require an application to the local
1711 government to amend the development order in accordance with the
1712 local government’s procedures for amendment of a development
1713 order. In accordance with the local government’s procedures,
1714 including requirements for notice to the applicant and the
1715 public, the local government shall either deny the application
1716 for amendment or adopt an amendment to the development order
1717 which approves the application with or without conditions.
1718 Following adoption, the local government shall render to the
1719 state land planning agency the amendment to the development
1720 order. The state land planning agency may appeal, pursuant to s.
1721 380.07(3), the amendment to the development order if the
1722 amendment involves sub-subparagraph g., sub-subparagraph h.,
1723 sub-subparagraph j., or sub-subparagraph k., and it believes the
1724 change creates a reasonable likelihood of new or additional
1725 regional impacts.
1726 3. Except for the change authorized by sub-subparagraph
1727 2.f., any addition of land not previously reviewed or any change
1728 not specified in paragraph (b) or paragraph (c) shall be
1729 presumed to create a substantial deviation. This presumption may
1730 be rebutted by clear and convincing evidence.
1731 4. Any submittal of a proposed change to a previously
1732 approved development shall include a description of individual
1733 changes previously made to the development, including changes
1734 previously approved by the local government. The local
1735 government shall consider the previous and current proposed
1736 changes in deciding whether such changes cumulatively constitute
1737 a substantial deviation requiring further development-of
1738 regional-impact review.
1739 5. The following changes to an approved development of
1740 regional impact shall be presumed to create a substantial
1741 deviation. Such presumption may be rebutted by clear and
1742 convincing evidence.
1743 a. A change proposed for 15 percent or more of the acreage
1744 to a land use not previously approved in the development order.
1745 Changes of less than 15 percent shall be presumed not to create
1746 a substantial deviation.
1747 b. Notwithstanding any provision of paragraph (b) to the
1748 contrary, a proposed change consisting of simultaneous increases
1749 and decreases of at least two of the uses within an authorized
1750 multiuse development of regional impact which was originally
1751 approved with three or more uses specified in s. 380.0651(3)(c),
1752 (d), and (e), and (f) and residential use.
1753 (24) STATUTORY EXEMPTIONS.—
1754 (a) Any proposed hospital is exempt from the provisions of
1755 this section.
1756 (b) Any proposed electrical transmission line or electrical
1757 power plant is exempt from the provisions of this section.
1758 (c) Any proposed addition to an existing sports facility
1759 complex is exempt from the provisions of this section if the
1760 addition meets the following characteristics:
1761 1. It would not operate concurrently with the scheduled
1762 hours of operation of the existing facility.
1763 2. Its seating capacity would be no more than 75 percent of
1764 the capacity of the existing facility.
1765 3. The sports facility complex property is owned by a
1766 public body prior to July 1, 1983.
1767
1768 This exemption does not apply to any pari-mutuel facility.
1769 (d) Any proposed addition or cumulative additions
1770 subsequent to July 1, 1988, to an existing sports facility
1771 complex owned by a state university is exempt if the increased
1772 seating capacity of the complex is no more than 30 percent of
1773 the capacity of the existing facility.
1774 (e) Any addition of permanent seats or parking spaces for
1775 an existing sports facility located on property owned by a
1776 public body prior to July 1, 1973, is exempt from the provisions
1777 of this section if future additions do not expand existing
1778 permanent seating or parking capacity more than 15 percent
1779 annually in excess of the prior year’s capacity.
1780 (f) Any increase in the seating capacity of an existing
1781 sports facility having a permanent seating capacity of at least
1782 50,000 spectators is exempt from the provisions of this section,
1783 provided that such an increase does not increase permanent
1784 seating capacity by more than 5 percent per year and not to
1785 exceed a total of 10 percent in any 5-year period, and provided
1786 that the sports facility notifies the appropriate local
1787 government within which the facility is located of the increase
1788 at least 6 months prior to the initial use of the increased
1789 seating, in order to permit the appropriate local government to
1790 develop a traffic management plan for the traffic generated by
1791 the increase. Any traffic management plan shall be consistent
1792 with the local comprehensive plan, the regional policy plan, and
1793 the state comprehensive plan.
1794 (g) Any expansion in the permanent seating capacity or
1795 additional improved parking facilities of an existing sports
1796 facility is exempt from the provisions of this section, if the
1797 following conditions exist:
1798 1.a. The sports facility had a permanent seating capacity
1799 on January 1, 1991, of at least 41,000 spectator seats;
1800 b. The sum of such expansions in permanent seating capacity
1801 does not exceed a total of 10 percent in any 5-year period and
1802 does not exceed a cumulative total of 20 percent for any such
1803 expansions; or
1804 c. The increase in additional improved parking facilities
1805 is a one-time addition and does not exceed 3,500 parking spaces
1806 serving the sports facility; and
1807 2. The local government having jurisdiction of the sports
1808 facility includes in the development order or development permit
1809 approving such expansion under this paragraph a finding of fact
1810 that the proposed expansion is consistent with the
1811 transportation, water, sewer and stormwater drainage provisions
1812 of the approved local comprehensive plan and local land
1813 development regulations relating to those provisions.
1814
1815 Any owner or developer who intends to rely on this
1816 statutory exemption shall provide to the department a copy of
1817 the local government application for a development permit.
1818 Within 45 days of receipt of the application, the department
1819 shall render to the local government an advisory and nonbinding
1820 opinion, in writing, stating whether, in the department’s
1821 opinion, the prescribed conditions exist for an exemption under
1822 this paragraph. The local government shall render the
1823 development order approving each such expansion to the
1824 department. The owner, developer, or department may appeal the
1825 local government development order pursuant to s. 380.07, within
1826 45 days after the order is rendered. The scope of review shall
1827 be limited to the determination of whether the conditions
1828 prescribed in this paragraph exist. If any sports facility
1829 expansion undergoes development-of-regional-impact review, all
1830 previous expansions which were exempt under this paragraph shall
1831 be included in the development-of-regional-impact review.
1832 (h) Expansion to port harbors, spoil disposal sites,
1833 navigation channels, turning basins, harbor berths, and other
1834 related inwater harbor facilities of ports listed in s.
1835 403.021(9)(b), port transportation facilities and projects
1836 listed in s. 311.07(3)(b), and intermodal transportation
1837 facilities identified pursuant to s. 311.09(3) are exempt from
1838 the provisions of this section when such expansions, projects,
1839 or facilities are consistent with comprehensive master plans
1840 that are in compliance with the provisions of s. 163.3178.
1841 (i) Any proposed facility for the storage of any petroleum
1842 product or any expansion of an existing facility is exempt from
1843 the provisions of this section.
1844 (j) Any renovation or redevelopment within the same land
1845 parcel which does not change land use or increase density or
1846 intensity of use.
1847 (k) Waterport and marina development, including dry storage
1848 facilities, are exempt from the provisions of this section.
1849 (l) Any proposed development within an urban service
1850 boundary established under s. 163.3177(14), which is not
1851 otherwise exempt pursuant to subsection (29), is exempt from the
1852 provisions of this section if the local government having
1853 jurisdiction over the area where the development is proposed has
1854 adopted the urban service boundary, has entered into a binding
1855 agreement with jurisdictions that would be impacted and with the
1856 Department of Transportation regarding the mitigation of impacts
1857 on state and regional transportation facilities, and has adopted
1858 a proportionate share methodology pursuant to s. 163.3180(16).
1859 (m) Any proposed development within a rural land
1860 stewardship area created under s. 163.3248 163.3177(11)(d) is
1861 exempt from the provisions of this section if the local
1862 government that has adopted the rural land stewardship area has
1863 entered into a binding agreement with jurisdictions that would
1864 be impacted and the Department of Transportation regarding the
1865 mitigation of impacts on state and regional transportation
1866 facilities, and has adopted a proportionate share methodology
1867 pursuant to s. 163.3180(16).
1868 (n) The establishment, relocation, or expansion of any
1869 military installation as defined in s. 163.3175, is exempt from
1870 this section.
1871 (o) Any self-storage warehousing that does not allow retail
1872 or other services is exempt from this section.
1873 (p) Any proposed nursing home or assisted living facility
1874 is exempt from this section.
1875 (q) Any development identified in an airport master plan
1876 and adopted into the comprehensive plan pursuant to s.
1877 163.3177(6)(k) is exempt from this section.
1878 (r) Any development identified in a campus master plan and
1879 adopted pursuant to s. 1013.30 is exempt from this section.
1880 (s) Any development in a detailed specific area plan which
1881 is prepared and adopted pursuant to s. 163.3245 and adopted into
1882 the comprehensive plan is exempt from this section.
1883 (t) Any proposed solid mineral mine and any proposed
1884 addition to, expansion of, or change to an existing solid
1885 mineral mine is exempt from this section. Proposed changes to
1886 any previously approved solid mineral mine development-of
1887 regional-impact development orders having vested rights is not
1888 subject to further review or approval as a development-of
1889 regional-impact or notice-of-proposed-change review or approval
1890 pursuant to subsection (19), except for those applications
1891 pending as of July 1, 2011, which shall be governed by s.
1892 380.115(2). Notwithstanding the foregoing, however, pursuant to
1893 s. 380.115(1), previously approved solid mineral mine
1894 development-of-regional-impact development orders shall continue
1895 to enjoy vested rights and continue to be effective unless
1896 rescinded by the developer. All local government regulations of
1897 proposed solid mineral mines shall be applicable to any new
1898 solid mineral mine or to any proposed addition to, expansion of,
1899 or change to an existing solid mineral mine.
1900 (u) Notwithstanding any provisions in an agreement with or
1901 among a local government, regional agency, or the state land
1902 planning agency or in a local government’s comprehensive plan to
1903 the contrary, a project no longer subject to development-of
1904 regional-impact review under revised thresholds is not required
1905 to undergo such review.
1906 (v)(t) Any development within a county with a research and
1907 education authority created by special act and that is also
1908 within a research and development park that is operated or
1909 managed by a research and development authority pursuant to part
1910 V of chapter 159 is exempt from this section.
1911
1912 If a use is exempt from review as a development of regional
1913 impact under paragraphs (a)-(u) (a)-(s), but will be part of a
1914 larger project that is subject to review as a development of
1915 regional impact, the impact of the exempt use must be included
1916 in the review of the larger project, unless such exempt use
1917 involves a development of regional impact that includes a
1918 landowner, tenant, or user that has entered into a funding
1919 agreement with the Office of Tourism, Trade, and Economic
1920 Development under the Innovation Incentive Program and the
1921 agreement contemplates a state award of at least $50 million.
1922 (28) PARTIAL STATUTORY EXEMPTIONS.—
1923 (e) The vesting provision of s. 163.3167(5)(8) relating to
1924 an authorized development of regional impact does shall not
1925 apply to those projects partially exempt from the development
1926 of-regional-impact review process under paragraphs (a)-(d).
1927 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
1928 (a) The following are exempt from this section:
1929 1. Any proposed development in a municipality that has an
1930 average of at least 1,000 people per square mile of land area
1931 and a minimum total population of at least 5,000 qualifies as a
1932 dense urban land area as defined in s. 163.3164;
1933 2. Any proposed development within a county, including the
1934 municipalities located in the county, that has an average of at
1935 least 1,000 people per square mile of land area qualifies as a
1936 dense urban land area as defined in s. 163.3164 and that is
1937 located within an urban service area as defined in s. 163.3164
1938 which has been adopted into the comprehensive plan; or
1939 3. Any proposed development within a county, including the
1940 municipalities located therein, which has a population of at
1941 least 900,000, that has an average of at least 1,000 people per
1942 square mile of land area which qualifies as a dense urban land
1943 area under s. 163.3164, but which does not have an urban service
1944 area designated in the comprehensive plan; or
1945 4. Any proposed development within a county, including the
1946 municipalities located therein, which has a population of at
1947 least 1 million and is located within an urban service area as
1948 defined in s. 163.3164 which has been adopted into the
1949 comprehensive plan.
1950
1951 The Office of Economic and Demographic Research within the
1952 Legislature shall annually calculate the population and density
1953 criteria needed to determine which jurisdictions meet the
1954 density criteria in subparagraphs 1.-4. by using the most recent
1955 land area data from the decennial census conducted by the Bureau
1956 of the Census of the United States Department of Commerce and
1957 the latest available population estimates determined pursuant to
1958 s. 186.901. If any local government has had an annexation,
1959 contraction, or new incorporation, the Office of Economic and
1960 Demographic Research shall determine the population density
1961 using the new jurisdictional boundaries as recorded in
1962 accordance with s. 171.091. The Office of Economic and
1963 Demographic Research shall annually submit to the state land
1964 planning agency by July 1 a list of jurisdictions that meet the
1965 total population and density criteria. The state land planning
1966 agency shall publish the list of jurisdictions on its Internet
1967 website within 7 days after the list is received. The
1968 designation of jurisdictions that meet the criteria of
1969 subparagraphs 1.-4. is effective upon publication on the state
1970 land planning agency’s Internet website. If a municipality that
1971 has previously met the criteria no longer meets the criteria,
1972 the state land planning agency shall maintain the municipality
1973 on the list and indicate the year the jurisdiction last met the
1974 criteria. However, any proposed development of regional impact
1975 not within the established boundaries of a municipality at the
1976 time the municipality last met the criteria must meet the
1977 requirements of this section until such time as the municipality
1978 as a whole meets the criteria. Any county that meets the
1979 criteria shall remain on the list in accordance with the
1980 provisions of this paragraph. Any jurisdiction that was placed
1981 on the dense urban land area list before the effective date of
1982 this act shall remain on the list in accordance with the
1983 provisions of this paragraph.
1984 (d) A development that is located partially outside an area
1985 that is exempt from the development-of-regional-impact program
1986 must undergo development-of-regional-impact review pursuant to
1987 this section. However, if the total acreage that is included
1988 within the area exempt from development-of-regional-impact
1989 review exceeds 85 percent of the total acreage and square
1990 footage of the approved development of regional impact, the
1991 development-of-regional-impact development order may be
1992 rescinded in both local governments pursuant to s. 380.115(1),
1993 unless the portion of the development outside the exempt area
1994 meets the threshold criteria of a development-of-regional
1995 impact.
1996 (e) In an area that is exempt under paragraphs (a)-(c), any
1997 previously approved development-of-regional-impact development
1998 orders shall continue to be effective, but the developer has the
1999 option to be governed by s. 380.115(1). A pending application
2000 for development approval shall be governed by s. 380.115(2). A
2001 development that has a pending application for a comprehensive
2002 plan amendment and that elects not to continue development-of
2003 regional-impact review is exempt from the limitation on plan
2004 amendments set forth in s. 163.3187(1) for the year following
2005 the effective date of the exemption.
2006 Section 56. Subsection (3) and paragraph (a) of subsection
2007 (4) of section 380.0651, Florida Statutes, are amended to read:
2008 380.0651 Statewide guidelines and standards.—
2009 (3) The following statewide guidelines and standards shall
2010 be applied in the manner described in s. 380.06(2) to determine
2011 whether the following developments shall be required to undergo
2012 development-of-regional-impact review:
2013 (a) Airports.—
2014 1. Any of the following airport construction projects shall
2015 be a development of regional impact:
2016 a. A new commercial service or general aviation airport
2017 with paved runways.
2018 b. A new commercial service or general aviation paved
2019 runway.
2020 c. A new passenger terminal facility.
2021 2. Lengthening of an existing runway by 25 percent or an
2022 increase in the number of gates by 25 percent or three gates,
2023 whichever is greater, on a commercial service airport or a
2024 general aviation airport with regularly scheduled flights is a
2025 development of regional impact. However, expansion of existing
2026 terminal facilities at a nonhub or small hub commercial service
2027 airport shall not be a development of regional impact.
2028 3. Any airport development project which is proposed for
2029 safety, repair, or maintenance reasons alone and would not have
2030 the potential to increase or change existing types of aircraft
2031 activity is not a development of regional impact.
2032 Notwithstanding subparagraphs 1. and 2., renovation,
2033 modernization, or replacement of airport airside or terminal
2034 facilities that may include increases in square footage of such
2035 facilities but does not increase the number of gates or change
2036 the existing types of aircraft activity is not a development of
2037 regional impact.
2038 (b) Attractions and recreation facilities.—Any sports,
2039 entertainment, amusement, or recreation facility, including, but
2040 not limited to, a sports arena, stadium, racetrack, tourist
2041 attraction, amusement park, or pari-mutuel facility, the
2042 construction or expansion of which:
2043 1. For single performance facilities:
2044 a. Provides parking spaces for more than 2,500 cars; or
2045 b. Provides more than 10,000 permanent seats for
2046 spectators.
2047 2. For serial performance facilities:
2048 a. Provides parking spaces for more than 1,000 cars; or
2049 b. Provides more than 4,000 permanent seats for spectators.
2050
2051 For purposes of this subsection, “serial performance
2052 facilities” means those using their parking areas or permanent
2053 seating more than one time per day on a regular or continuous
2054 basis.
2055 3. For multiscreen movie theaters of at least 8 screens and
2056 2,500 seats:
2057 a. Provides parking spaces for more than 1,500 cars; or
2058 b. Provides more than 6,000 permanent seats for spectators.
2059 (c) Industrial plants, industrial parks, and distribution,
2060 warehousing or wholesaling facilities.—Any proposed industrial,
2061 manufacturing, or processing plant, or distribution,
2062 warehousing, or wholesaling facility, excluding wholesaling
2063 developments which deal primarily with the general public
2064 onsite, under common ownership, or any proposed industrial,
2065 manufacturing, or processing activity or distribution,
2066 warehousing, or wholesaling activity, excluding wholesaling
2067 activities which deal primarily with the general public onsite,
2068 which:
2069 1. Provides parking for more than 2,500 motor vehicles; or
2070 2. Occupies a site greater than 320 acres.
2071 (c)(d) Office development.—Any proposed office building or
2072 park operated under common ownership, development plan, or
2073 management that:
2074 1. Encompasses 300,000 or more square feet of gross floor
2075 area; or
2076 2. Encompasses more than 600,000 square feet of gross floor
2077 area in a county with a population greater than 500,000 and only
2078 in a geographic area specifically designated as highly suitable
2079 for increased threshold intensity in the approved local
2080 comprehensive plan.
2081 (d)(e) Retail and service development.—Any proposed retail,
2082 service, or wholesale business establishment or group of
2083 establishments which deals primarily with the general public
2084 onsite, operated under one common property ownership,
2085 development plan, or management that:
2086 1. Encompasses more than 400,000 square feet of gross area;
2087 or
2088 2. Provides parking spaces for more than 2,500 cars.
2089 (f) Hotel or motel development.—
2090 1. Any proposed hotel or motel development that is planned
2091 to create or accommodate 350 or more units; or
2092 2. Any proposed hotel or motel development that is planned
2093 to create or accommodate 750 or more units, in a county with a
2094 population greater than 500,000.
2095 (e)(g) Recreational vehicle development.—Any proposed
2096 recreational vehicle development planned to create or
2097 accommodate 500 or more spaces.
2098 (f)(h) Multiuse development.—Any proposed development with
2099 two or more land uses where the sum of the percentages of the
2100 appropriate thresholds identified in chapter 28-24, Florida
2101 Administrative Code, or this section for each land use in the
2102 development is equal to or greater than 145 percent. Any
2103 proposed development with three or more land uses, one of which
2104 is residential and contains at least 100 dwelling units or 15
2105 percent of the applicable residential threshold, whichever is
2106 greater, where the sum of the percentages of the appropriate
2107 thresholds identified in chapter 28-24, Florida Administrative
2108 Code, or this section for each land use in the development is
2109 equal to or greater than 160 percent. This threshold is in
2110 addition to, and does not preclude, a development from being
2111 required to undergo development-of-regional-impact review under
2112 any other threshold.
2113 (g)(i) Residential development.—No rule may be adopted
2114 concerning residential developments which treats a residential
2115 development in one county as being located in a less populated
2116 adjacent county unless more than 25 percent of the development
2117 is located within 2 or less miles of the less populated adjacent
2118 county. The residential thresholds of adjacent counties with
2119 less population and a lower threshold shall not be controlling
2120 on any development wholly located within areas designated as
2121 rural areas of critical economic concern.
2122 (h)(j) Workforce housing.—The applicable guidelines for
2123 residential development and the residential component for
2124 multiuse development shall be increased by 50 percent where the
2125 developer demonstrates that at least 15 percent of the total
2126 residential dwelling units authorized within the development of
2127 regional impact will be dedicated to affordable workforce
2128 housing, subject to a recorded land use restriction that shall
2129 be for a period of not less than 20 years and that includes
2130 resale provisions to ensure long-term affordability for income
2131 eligible homeowners and renters and provisions for the workforce
2132 housing to be commenced prior to the completion of 50 percent of
2133 the market rate dwelling. For purposes of this paragraph, the
2134 term “affordable workforce housing” means housing that is
2135 affordable to a person who earns less than 120 percent of the
2136 area median income, or less than 140 percent of the area median
2137 income if located in a county in which the median purchase price
2138 for a single-family existing home exceeds the statewide median
2139 purchase price of a single-family existing home. For the
2140 purposes of this paragraph, the term “statewide median purchase
2141 price of a single-family existing home” means the statewide
2142 purchase price as determined in the Florida Sales Report,
2143 Single-Family Existing Homes, released each January by the
2144 Florida Association of Realtors and the University of Florida
2145 Real Estate Research Center.
2146 (i)(k) Schools.—
2147 1. The proposed construction of any public, private, or
2148 proprietary postsecondary educational campus which provides for
2149 a design population of more than 5,000 full-time equivalent
2150 students, or the proposed physical expansion of any public,
2151 private, or proprietary postsecondary educational campus having
2152 such a design population that would increase the population by
2153 at least 20 percent of the design population.
2154 2. As used in this paragraph, “full-time equivalent
2155 student” means enrollment for 15 or more quarter hours during a
2156 single academic semester. In career centers or other
2157 institutions which do not employ semester hours or quarter hours
2158 in accounting for student participation, enrollment for 18
2159 contact hours shall be considered equivalent to one quarter
2160 hour, and enrollment for 27 contact hours shall be considered
2161 equivalent to one semester hour.
2162 3. This paragraph does not apply to institutions which are
2163 the subject of a campus master plan adopted by the university
2164 board of trustees pursuant to s. 1013.30.
2165 (4) Two or more developments, represented by their owners
2166 or developers to be separate developments, shall be aggregated
2167 and treated as a single development under this chapter when they
2168 are determined to be part of a unified plan of development and
2169 are physically proximate to one other.
2170 (a) The criteria of three two of the following
2171 subparagraphs must be met in order for the state land planning
2172 agency to determine that there is a unified plan of development:
2173 1.a. The same person has retained or shared control of the
2174 developments;
2175 b. The same person has ownership or a significant legal or
2176 equitable interest in the developments; or
2177 c. There is common management of the developments
2178 controlling the form of physical development or disposition of
2179 parcels of the development.
2180 2. There is a reasonable closeness in time between the
2181 completion of 80 percent or less of one development and the
2182 submission to a governmental agency of a master plan or series
2183 of plans or drawings for the other development which is
2184 indicative of a common development effort.
2185 3. A master plan or series of plans or drawings exists
2186 covering the developments sought to be aggregated which have
2187 been submitted to a local general-purpose government, water
2188 management district, the Florida Department of Environmental
2189 Protection, or the Division of Florida Condominiums, Timeshares,
2190 and Mobile Homes for authorization to commence development. The
2191 existence or implementation of a utility’s master utility plan
2192 required by the Public Service Commission or general-purpose
2193 local government or a master drainage plan shall not be the sole
2194 determinant of the existence of a master plan.
2195 4. The voluntary sharing of infrastructure that is
2196 indicative of a common development effort or is designated
2197 specifically to accommodate the developments sought to be
2198 aggregated, except that which was implemented because it was
2199 required by a local general-purpose government; water management
2200 district; the Department of Environmental Protection; the
2201 Division of Florida Condominiums, Timeshares, and Mobile Homes;
2202 or the Public Service Commission.
2203 4.5. There is a common advertising scheme or promotional
2204 plan in effect for the developments sought to be aggregated.
2205 Section 57. Subsection (17) of section 331.303, Florida
2206 Statutes, is amended to read:
2207 331.303 Definitions.—
2208 (17) “Spaceport launch facilities” means industrial
2209 facilities as described in s. 380.0651(3)(c), Florida Statutes
2210 2010, and include any launch pad, launch control center, and
2211 fixed launch-support equipment.
2212 Section 58. Subsection (1) of section 380.115, Florida
2213 Statutes, is amended to read:
2214 380.115 Vested rights and duties; effect of size reduction,
2215 changes in guidelines and standards.—
2216 (1) A change in a development-of-regional-impact guideline
2217 and standard does not abridge or modify any vested or other
2218 right or any duty or obligation pursuant to any development
2219 order or agreement that is applicable to a development of
2220 regional impact. A development that has received a development
2221 of-regional-impact development order pursuant to s. 380.06, but
2222 is no longer required to undergo development-of-regional-impact
2223 review by operation of a change in the guidelines and standards
2224 or has reduced its size below the thresholds in s. 380.0651, or
2225 a development that is exempt pursuant to s. 380.06(29) shall be
2226 governed by the following procedures:
2227 (a) The development shall continue to be governed by the
2228 development-of-regional-impact development order and may be
2229 completed in reliance upon and pursuant to the development order
2230 unless the developer or landowner has followed the procedures
2231 for rescission in paragraph (b). Any proposed changes to those
2232 developments which continue to be governed by a development
2233 order shall be approved pursuant to s. 380.06(19) as it existed
2234 prior to a change in the development-of-regional-impact
2235 guidelines and standards, except that all percentage criteria
2236 shall be doubled and all other criteria shall be increased by 10
2237 percent. The development-of-regional-impact development order
2238 may be enforced by the local government as provided by ss.
2239 380.06(17) and 380.11.
2240 (b) If requested by the developer or landowner, the
2241 development-of-regional-impact development order shall be
2242 rescinded by the local government having jurisdiction upon a
2243 showing that all required mitigation related to the amount of
2244 development that existed on the date of rescission has been
2245 completed.
2246 Section 59. Paragraph (a) of subsection (8) of section
2247 380.061, Florida Statutes, is amended to read:
2248 380.061 The Florida Quality Developments program.—
2249 (8)(a) Any local government comprehensive plan amendments
2250 related to a Florida Quality Development may be initiated by a
2251 local planning agency and considered by the local governing body
2252 at the same time as the application for development approval,
2253 using the procedures provided for local plan amendment in s.
2254 163.3187 or s. 163.3189 and applicable local ordinances, without
2255 regard to statutory or local ordinance limits on the frequency
2256 of consideration of amendments to the local comprehensive plan.
2257 Nothing in this subsection shall be construed to require
2258 favorable consideration of a Florida Quality Development solely
2259 because it is related to a development of regional impact.
2260 Section 60. Paragraph (a) of subsection (2) and subsection
2261 (10) of section 380.065, Florida Statutes, are amended to read:
2262 380.065 Certification of local government review of
2263 development.—
2264 (2) When a petition is filed, the state land planning
2265 agency shall have no more than 90 days to prepare and submit to
2266 the Administration Commission a report and recommendations on
2267 the proposed certification. In deciding whether to grant
2268 certification, the Administration Commission shall determine
2269 whether the following criteria are being met:
2270 (a) The petitioning local government has adopted and
2271 effectively implemented a local comprehensive plan and
2272 development regulations which comply with ss. 163.3161-163.3215,
2273 the Community Local Government Comprehensive Planning and Land
2274 Development Regulation Act.
2275 (10) The department shall submit an annual progress report
2276 to the President of the Senate and the Speaker of the House of
2277 Representatives by March 1 on the certification of local
2278 governments, stating which local governments have been
2279 certified. For those local governments which have applied for
2280 certification but for which certification has been denied, the
2281 department shall specify the reasons certification was denied.
2282 Section 61. Section 380.0685, Florida Statutes, is amended
2283 to read:
2284 380.0685 State park in area of critical state concern in
2285 county which creates land authority; surcharge on admission and
2286 overnight occupancy.—The Department of Environmental Protection
2287 shall impose and collect a surcharge of 50 cents per person per
2288 day, or $5 per annual family auto entrance permit, on admission
2289 to all state parks in areas of critical state concern located in
2290 a county which creates a land authority pursuant to s.
2291 380.0663(1), and a surcharge of $2.50 per night per campsite,
2292 cabin, or other overnight recreational occupancy unit in state
2293 parks in areas of critical state concern located in a county
2294 which creates a land authority pursuant to s. 380.0663(1);
2295 however, no surcharge shall be imposed or collected under this
2296 section for overnight use by nonprofit groups of organized group
2297 camps, primitive camping areas, or other facilities intended
2298 primarily for organized group use. Such surcharges shall be
2299 imposed within 90 days after any county creating a land
2300 authority notifies the Department of Environmental Protection
2301 that the land authority has been created. The proceeds from such
2302 surcharges, less a collection fee that shall be kept by the
2303 Department of Environmental Protection for the actual cost of
2304 collection, not to exceed 2 percent, shall be transmitted to the
2305 land authority of the county from which the revenue was
2306 generated. Such funds shall be used to purchase property in the
2307 area or areas of critical state concern in the county from which
2308 the revenue was generated. An amount not to exceed 10 percent
2309 may be used for administration and other costs incident to such
2310 purchases. However, the proceeds of the surcharges imposed and
2311 collected pursuant to this section in a state park or parks
2312 located wholly within a municipality, less the costs of
2313 collection as provided herein, shall be transmitted to that
2314 municipality for use by the municipality for land acquisition or
2315 for beach renourishment or restoration, including, but not
2316 limited to, costs associated with any design, permitting,
2317 monitoring, and mitigation of such work, as well as the work
2318 itself. However, these funds may not be included in any
2319 calculation used for providing state matching funds for local
2320 contributions for beach renourishment or restoration. The
2321 surcharges levied under this section shall remain imposed as
2322 long as the land authority is in existence.
2323 Section 62. Subsection (3) of section 380.115, Florida
2324 Statutes, is amended to read:
2325 380.115 Vested rights and duties; effect of size reduction,
2326 changes in guidelines and standards.—
2327 (3) A landowner that has filed an application for a
2328 development-of-regional-impact review prior to the adoption of a
2329 an optional sector plan pursuant to s. 163.3245 may elect to
2330 have the application reviewed pursuant to s. 380.06,
2331 comprehensive plan provisions in force prior to adoption of the
2332 sector plan, and any requested comprehensive plan amendments
2333 that accompany the application.
2334 Section 63. Subsection (1) of section 403.50665, Florida
2335 Statutes, is amended to read:
2336 403.50665 Land use consistency.—
2337 (1) The applicant shall include in the application a
2338 statement on the consistency of the site and any associated
2339 facilities that constitute a “development,” as defined in s.
2340 380.04, with existing land use plans and zoning ordinances that
2341 were in effect on the date the application was filed and a full
2342 description of such consistency. This information shall include
2343 an identification of those associated facilities that the
2344 applicant believes are exempt from the requirements of land use
2345 plans and zoning ordinances under the provisions of the
2346 Community Local Government Comprehensive Planning and Land
2347 Development Regulation Act provisions of chapter 163 and s.
2348 380.04(3).
2349 Section 64. Subsection (13) and paragraph (a) of subsection
2350 (14) of section 403.973, Florida Statutes, are amended to read:
2351 403.973 Expedited permitting; amendments to comprehensive
2352 plans.—
2353 (13) Notwithstanding any other provisions of law:
2354 (a) Local comprehensive plan amendments for projects
2355 qualified under this section are exempt from the twice-a-year
2356 limits provision in s. 163.3187; and
2357 (b) Projects qualified under this section are not subject
2358 to interstate highway level-of-service standards adopted by the
2359 Department of Transportation for concurrency purposes. The
2360 memorandum of agreement specified in subsection (5) must include
2361 a process by which the applicant will be assessed a fair share
2362 of the cost of mitigating the project’s significant traffic
2363 impacts, as defined in chapter 380 and related rules. The
2364 agreement must also specify whether the significant traffic
2365 impacts on the interstate system will be mitigated through the
2366 implementation of a project or payment of funds to the
2367 Department of Transportation. Where funds are paid, the
2368 Department of Transportation must include in the 5-year work
2369 program transportation projects or project phases, in an amount
2370 equal to the funds received, to mitigate the traffic impacts
2371 associated with the proposed project.
2372 (14)(a) Challenges to state agency action in the expedited
2373 permitting process for projects processed under this section are
2374 subject to the summary hearing provisions of s. 120.574, except
2375 that the administrative law judge’s decision, as provided in s.
2376 120.574(2)(f), shall be in the form of a recommended order and
2377 do shall not constitute the final action of the state agency. In
2378 those proceedings where the action of only one agency of the
2379 state other than the Department of Environmental Protection is
2380 challenged, the agency of the state shall issue the final order
2381 within 45 working days after receipt of the administrative law
2382 judge’s recommended order, and the recommended order shall
2383 inform the parties of their right to file exceptions or
2384 responses to the recommended order in accordance with the
2385 uniform rules of procedure pursuant to s. 120.54. In those
2386 proceedings where the actions of more than one agency of the
2387 state are challenged, the Governor shall issue the final order
2388 within 45 working days after receipt of the administrative law
2389 judge’s recommended order, and the recommended order shall
2390 inform the parties of their right to file exceptions or
2391 responses to the recommended order in accordance with the
2392 uniform rules of procedure pursuant to s. 120.54. This paragraph
2393 does not apply to the issuance of department licenses required
2394 under any federally delegated or approved permit program. In
2395 such instances, the department shall enter the final order. The
2396 participating agencies of the state may opt at the preliminary
2397 hearing conference to allow the administrative law judge’s
2398 decision to constitute the final agency action. If a
2399 participating local government agrees to participate in the
2400 summary hearing provisions of s. 120.574 for purposes of review
2401 of local government comprehensive plan amendments, s.
2402 163.3184(9) and (10) apply.
2403 Section 65. Subsections (9) and (10) of section 420.5095,
2404 Florida Statutes, are amended to read:
2405 420.5095 Community Workforce Housing Innovation Pilot
2406 Program.—
2407 (9) Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any local
2408 government comprehensive plan amendment to implement a Community
2409 Workforce Housing Innovation Pilot Program project found
2410 consistent with the provisions of this section shall be
2411 expedited as provided in this subsection. At least 30 days prior
2412 to adopting a plan amendment under this subsection, the local
2413 government shall notify the state land planning agency of its
2414 intent to adopt such an amendment, and the notice shall include
2415 its evaluation related to site suitability and availability of
2416 facilities and services. The public notice of the hearing
2417 required by s. 163.3184(11)(15)(b)2. shall include a statement
2418 that the local government intends to use the expedited adoption
2419 process authorized by this subsection. Such amendments shall
2420 require only a single public hearing before the governing board,
2421 which shall be an adoption hearing as described in s.
2422 163.3184(4)(e)(7). The state land planning agency shall issue
2423 its notice of intent pursuant to s. 163.3184(8) within 30 days
2424 after determining that the amendment package is complete. Any
2425 further proceedings shall be governed by s. ss. 163.3184(5)
2426 (13)(9)-(16). Amendments proposed under this section are not
2427 subject to s. 163.3187(1), which limits the adoption of a
2428 comprehensive plan amendment to no more than two times during
2429 any calendar year.
2430 (10) The processing of approvals of development orders or
2431 development permits, as defined in s. 163.3164(7) and (8), for
2432 innovative community workforce housing projects shall be
2433 expedited.
2434 Section 66. Subsection (5) of section 420.615, Florida
2435 Statutes, is amended to read:
2436 420.615 Affordable housing land donation density bonus
2437 incentives.—
2438 (5) The local government, as part of the approval process,
2439 shall adopt a comprehensive plan amendment, pursuant to part II
2440 of chapter 163, for the receiving land that incorporates the
2441 density bonus. Such amendment shall be adopted in the manner as
2442 required for small-scale amendments pursuant to s. 163.3187, is
2443 not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
2444 and is exempt from the limitation on the frequency of plan
2445 amendments as provided in s. 163.3187.
2446 Section 67. Subsection (16) of section 420.9071, Florida
2447 Statutes, is amended to read:
2448 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
2449 term:
2450 (16) “Local housing incentive strategies” means local
2451 regulatory reform or incentive programs to encourage or
2452 facilitate affordable housing production, which include at a
2453 minimum, assurance that permits as defined in s. 163.3164(7) and
2454 (8) for affordable housing projects are expedited to a greater
2455 degree than other projects; an ongoing process for review of
2456 local policies, ordinances, regulations, and plan provisions
2457 that increase the cost of housing prior to their adoption; and a
2458 schedule for implementing the incentive strategies. Local
2459 housing incentive strategies may also include other regulatory
2460 reforms, such as those enumerated in s. 420.9076 or those
2461 recommended by the affordable housing advisory committee in its
2462 triennial evaluation of the implementation of affordable housing
2463 incentives, and adopted by the local governing body.
2464 Section 68. Paragraph (a) of subsection (4) of section
2465 420.9076, Florida Statutes, is amended to read:
2466 420.9076 Adoption of affordable housing incentive
2467 strategies; committees.—
2468 (4) Triennially, the advisory committee shall review the
2469 established policies and procedures, ordinances, land
2470 development regulations, and adopted local government
2471 comprehensive plan of the appointing local government and shall
2472 recommend specific actions or initiatives to encourage or
2473 facilitate affordable housing while protecting the ability of
2474 the property to appreciate in value. The recommendations may
2475 include the modification or repeal of existing policies,
2476 procedures, ordinances, regulations, or plan provisions; the
2477 creation of exceptions applicable to affordable housing; or the
2478 adoption of new policies, procedures, regulations, ordinances,
2479 or plan provisions, including recommendations to amend the local
2480 government comprehensive plan and corresponding regulations,
2481 ordinances, and other policies. At a minimum, each advisory
2482 committee shall submit a report to the local governing body that
2483 includes recommendations on, and triennially thereafter
2484 evaluates the implementation of, affordable housing incentives
2485 in the following areas:
2486 (a) The processing of approvals of development orders or
2487 permits, as defined in s. 163.3164(7) and (8), for affordable
2488 housing projects is expedited to a greater degree than other
2489 projects.
2490
2491 The advisory committee recommendations may also include
2492 other affordable housing incentives identified by the advisory
2493 committee. Local governments that receive the minimum allocation
2494 under the State Housing Initiatives Partnership Program shall
2495 perform the initial review but may elect to not perform the
2496 triennial review.
2497 Section 69. Subsection (1) of section 720.403, Florida
2498 Statutes, is amended to read:
2499 720.403 Preservation of residential communities; revival of
2500 declaration of covenants.—
2501 (1) Consistent with required and optional elements of local
2502 comprehensive plans and other applicable provisions of the
2503 Community Local Government Comprehensive Planning and Land
2504 Development Regulation Act, homeowners are encouraged to
2505 preserve existing residential communities, promote available and
2506 affordable housing, protect structural and aesthetic elements of
2507 their residential community, and, as applicable, maintain roads
2508 and streets, easements, water and sewer systems, utilities,
2509 drainage improvements, conservation and open areas, recreational
2510 amenities, and other infrastructure and common areas that serve
2511 and support the residential community by the revival of a
2512 previous declaration of covenants and other governing documents
2513 that may have ceased to govern some or all parcels in the
2514 community.
2515 Section 70. Subsection (6) of section 1013.30, Florida
2516 Statutes, is amended to read:
2517 1013.30 University campus master plans and campus
2518 development agreements.—
2519 (6) Before a campus master plan is adopted, a copy of the
2520 draft master plan must be sent for review or made available
2521 electronically to the host and any affected local governments,
2522 the state land planning agency, the Department of Environmental
2523 Protection, the Department of Transportation, the Department of
2524 State, the Fish and Wildlife Conservation Commission, and the
2525 applicable water management district and regional planning
2526 council. At the request of a governmental entity, a hard copy of
2527 the draft master plan shall be submitted within 7 business days
2528 of an electronic copy being made available. These agencies must
2529 be given 90 days after receipt of the campus master plans in
2530 which to conduct their review and provide comments to the
2531 university board of trustees. The commencement of this review
2532 period must be advertised in newspapers of general circulation
2533 within the host local government and any affected local
2534 government to allow for public comment. Following receipt and
2535 consideration of all comments and the holding of an informal
2536 information session and at least two public hearings within the
2537 host jurisdiction, the university board of trustees shall adopt
2538 the campus master plan. It is the intent of the Legislature that
2539 the university board of trustees comply with the notice
2540 requirements set forth in s. 163.3184(11)(15) to ensure full
2541 public participation in this planning process. The informal
2542 public information session must be held before the first public
2543 hearing. The first public hearing shall be held before the draft
2544 master plan is sent to the agencies specified in this
2545 subsection. The second public hearing shall be held in
2546 conjunction with the adoption of the draft master plan by the
2547 university board of trustees. Campus master plans developed
2548 under this section are not rules and are not subject to chapter
2549 120 except as otherwise provided in this section.
2550 Section 71. Section 1013.33, Florida Statutes, are amended
2551 to read:
2552 1013.33 Coordination of planning with local governing
2553 bodies.—
2554 (1) It is the policy of this state to require the
2555 coordination of planning between boards and local governing
2556 bodies to ensure that plans for the construction and opening of
2557 public educational facilities are facilitated and coordinated in
2558 time and place with plans for residential development,
2559 concurrently with other necessary services. Such planning shall
2560 include the integration of the educational facilities plan and
2561 applicable policies and procedures of a board with the local
2562 comprehensive plan and land development regulations of local
2563 governments. The planning must include the consideration of
2564 allowing students to attend the school located nearest their
2565 homes when a new housing development is constructed near a
2566 county boundary and it is more feasible to transport the
2567 students a short distance to an existing facility in an adjacent
2568 county than to construct a new facility or transport students
2569 longer distances in their county of residence. The planning must
2570 also consider the effects of the location of public education
2571 facilities, including the feasibility of keeping central city
2572 facilities viable, in order to encourage central city
2573 redevelopment and the efficient use of infrastructure and to
2574 discourage uncontrolled urban sprawl. In addition, all parties
2575 to the planning process must consult with state and local road
2576 departments to assist in implementing the Safe Paths to Schools
2577 program administered by the Department of Transportation.
2578 (2)(a) The school board, county, and nonexempt
2579 municipalities located within the geographic area of a school
2580 district shall enter into an interlocal agreement that jointly
2581 establishes the specific ways in which the plans and processes
2582 of the district school board and the local governments are to be
2583 coordinated. The interlocal agreements shall be submitted to the
2584 state land planning agency and the Office of Educational
2585 Facilities in accordance with a schedule published by the state
2586 land planning agency.
2587 (b) The schedule must establish staggered due dates for
2588 submission of interlocal agreements that are executed by both
2589 the local government and district school board, commencing on
2590 March 1, 2003, and concluding by December 1, 2004, and must set
2591 the same date for all governmental entities within a school
2592 district. However, if the county where the school district is
2593 located contains more than 20 municipalities, the state land
2594 planning agency may establish staggered due dates for the
2595 submission of interlocal agreements by these municipalities. The
2596 schedule must begin with those areas where both the number of
2597 districtwide capital-outlay full-time-equivalent students equals
2598 80 percent or more of the current year’s school capacity and the
2599 projected 5-year student growth rate is 1,000 or greater, or
2600 where the projected 5-year student growth rate is 10 percent or
2601 greater.
2602 (c) If the student population has declined over the 5-year
2603 period preceding the due date for submittal of an interlocal
2604 agreement by the local government and the district school board,
2605 the local government and district school board may petition the
2606 state land planning agency for a waiver of one or more of the
2607 requirements of subsection (3). The waiver must be granted if
2608 the procedures called for in subsection (3) are unnecessary
2609 because of the school district’s declining school age
2610 population, considering the district’s 5-year work program
2611 prepared pursuant to s. 1013.35. The state land planning agency
2612 may modify or revoke the waiver upon a finding that the
2613 conditions upon which the waiver was granted no longer exist.
2614 The district school board and local governments must submit an
2615 interlocal agreement within 1 year after notification by the
2616 state land planning agency that the conditions for a waiver no
2617 longer exist.
2618 (d) Interlocal agreements between local governments and
2619 district school boards adopted pursuant to s. 163.3177 before
2620 the effective date of subsections (2)-(7) (2)-(9) must be
2621 updated and executed pursuant to the requirements of subsections
2622 (2)-(7) (2)-(9), if necessary. Amendments to interlocal
2623 agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
2624 be submitted to the state land planning agency within 30 days
2625 after execution by the parties for review consistent with
2626 subsections (3) and (4). Local governments and the district
2627 school board in each school district are encouraged to adopt a
2628 single interlocal agreement in which all join as parties. The
2629 state land planning agency shall assemble and make available
2630 model interlocal agreements meeting the requirements of
2631 subsections (2)-(7) (2)-(9) and shall notify local governments
2632 and, jointly with the Department of Education, the district
2633 school boards of the requirements of subsections (2)-(7) (2)
2634 (9), the dates for compliance, and the sanctions for
2635 noncompliance. The state land planning agency shall be available
2636 to informally review proposed interlocal agreements. If the
2637 state land planning agency has not received a proposed
2638 interlocal agreement for informal review, the state land
2639 planning agency shall, at least 60 days before the deadline for
2640 submission of the executed agreement, renotify the local
2641 government and the district school board of the upcoming
2642 deadline and the potential for sanctions.
2643 (3) At a minimum, the interlocal agreement must address
2644 interlocal agreement requirements in s. 163.31777 and, if
2645 applicable, s. 163.3180(6)(13)(g), except for exempt local
2646 governments as provided in s. 163.3177(12), and must address the
2647 following issues:
2648 (a) A process by which each local government and the
2649 district school board agree and base their plans on consistent
2650 projections of the amount, type, and distribution of population
2651 growth and student enrollment. The geographic distribution of
2652 jurisdiction-wide growth forecasts is a major objective of the
2653 process.
2654 (b) A process to coordinate and share information relating
2655 to existing and planned public school facilities, including
2656 school renovations and closures, and local government plans for
2657 development and redevelopment.
2658 (c) Participation by affected local governments with the
2659 district school board in the process of evaluating potential
2660 school closures, significant renovations to existing schools,
2661 and new school site selection before land acquisition. Local
2662 governments shall advise the district school board as to the
2663 consistency of the proposed closure, renovation, or new site
2664 with the local comprehensive plan, including appropriate
2665 circumstances and criteria under which a district school board
2666 may request an amendment to the comprehensive plan for school
2667 siting.
2668 (d) A process for determining the need for and timing of
2669 onsite and offsite improvements to support new construction,
2670 proposed expansion, or redevelopment of existing schools. The
2671 process shall address identification of the party or parties
2672 responsible for the improvements.
2673 (e) A process for the school board to inform the local
2674 government regarding the effect of comprehensive plan amendments
2675 on school capacity. The capacity reporting must be consistent
2676 with laws and rules regarding measurement of school facility
2677 capacity and must also identify how the district school board
2678 will meet the public school demand based on the facilities work
2679 program adopted pursuant to s. 1013.35.
2680 (f) Participation of the local governments in the
2681 preparation of the annual update to the school board’s 5-year
2682 district facilities work program and educational plant survey
2683 prepared pursuant to s. 1013.35.
2684 (g) A process for determining where and how joint use of
2685 either school board or local government facilities can be shared
2686 for mutual benefit and efficiency.
2687 (h) A procedure for the resolution of disputes between the
2688 district school board and local governments, which may include
2689 the dispute resolution processes contained in chapters 164 and
2690 186.
2691 (i) An oversight process, including an opportunity for
2692 public participation, for the implementation of the interlocal
2693 agreement.
2694 (4)(a) The Office of Educational Facilities shall submit
2695 any comments or concerns regarding the executed interlocal
2696 agreement to the state land planning agency within 30 days after
2697 receipt of the executed interlocal agreement. The state land
2698 planning agency shall review the executed interlocal agreement
2699 to determine whether it is consistent with the requirements of
2700 subsection (3), the adopted local government comprehensive plan,
2701 and other requirements of law. Within 60 days after receipt of
2702 an executed interlocal agreement, the state land planning agency
2703 shall publish a notice of intent in the Florida Administrative
2704 Weekly and shall post a copy of the notice on the agency’s
2705 Internet site. The notice of intent must state that the
2706 interlocal agreement is consistent or inconsistent with the
2707 requirements of subsection (3) and this subsection as
2708 appropriate.
2709 (b) The state land planning agency’s notice is subject to
2710 challenge under chapter 120; however, an affected person, as
2711 defined in s. 163.3184(1)(a), has standing to initiate the
2712 administrative proceeding, and this proceeding is the sole means
2713 available to challenge the consistency of an interlocal
2714 agreement required by this section with the criteria contained
2715 in subsection (3) and this subsection. In order to have
2716 standing, each person must have submitted oral or written
2717 comments, recommendations, or objections to the local government
2718 or the school board before the adoption of the interlocal
2719 agreement by the district school board and local government. The
2720 district school board and local governments are parties to any
2721 such proceeding. In this proceeding, when the state land
2722 planning agency finds the interlocal agreement to be consistent
2723 with the criteria in subsection (3) and this subsection, the
2724 interlocal agreement must be determined to be consistent with
2725 subsection (3) and this subsection if the local government’s and
2726 school board’s determination of consistency is fairly debatable.
2727 When the state land planning agency finds the interlocal
2728 agreement to be inconsistent with the requirements of subsection
2729 (3) and this subsection, the local government’s and school
2730 board’s determination of consistency shall be sustained unless
2731 it is shown by a preponderance of the evidence that the
2732 interlocal agreement is inconsistent.
2733 (c) If the state land planning agency enters a final order
2734 that finds that the interlocal agreement is inconsistent with
2735 the requirements of subsection (3) or this subsection, the state
2736 land planning agency shall forward it to the Administration
2737 Commission, which may impose sanctions against the local
2738 government pursuant to s. 163.3184(11) and may impose sanctions
2739 against the district school board by directing the Department of
2740 Education to withhold an equivalent amount of funds for school
2741 construction available pursuant to ss. 1013.65, 1013.68,
2742 1013.70, and 1013.72.
2743 (5) If an executed interlocal agreement is not timely
2744 submitted to the state land planning agency for review, the
2745 state land planning agency shall, within 15 working days after
2746 the deadline for submittal, issue to the local government and
2747 the district school board a notice to show cause why sanctions
2748 should not be imposed for failure to submit an executed
2749 interlocal agreement by the deadline established by the agency.
2750 The agency shall forward the notice and the responses to the
2751 Administration Commission, which may enter a final order citing
2752 the failure to comply and imposing sanctions against the local
2753 government and district school board by directing the
2754 appropriate agencies to withhold at least 5 percent of state
2755 funds pursuant to s. 163.3184(11) and by directing the
2756 Department of Education to withhold from the district school
2757 board at least 5 percent of funds for school construction
2758 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
2759 1013.72.
2760 (6) Any local government transmitting a public school
2761 element to implement school concurrency pursuant to the
2762 requirements of s. 163.3180 before the effective date of this
2763 section is not required to amend the element or any interlocal
2764 agreement to conform with the provisions of subsections (2)-(6)
2765 (2)-(8) if the element is adopted prior to or within 1 year
2766 after the effective date of subsections (2)-(6) (2)-(8) and
2767 remains in effect.
2768 (7) Except as provided in subsection (8), municipalities
2769 meeting the exemption criteria in s. 163.3177(12) are exempt
2770 from the requirements of subsections (2), (3), and (4).
2771 (8) At the time of the evaluation and appraisal report,
2772 each exempt municipality shall assess the extent to which it
2773 continues to meet the criteria for exemption under s.
2774 163.3177(12). If the municipality continues to meet these
2775 criteria, the municipality shall continue to be exempt from the
2776 interlocal agreement requirement. Each municipality exempt under
2777 s. 163.3177(12) must comply with the provisions of subsections
2778 (2)-(8) within 1 year after the district school board proposes,
2779 in its 5-year district facilities work program, a new school
2780 within the municipality’s jurisdiction.
2781 (7)(9) A board and the local governing body must share and
2782 coordinate information related to existing and planned school
2783 facilities; proposals for development, redevelopment, or
2784 additional development; and infrastructure required to support
2785 the school facilities, concurrent with proposed development. A
2786 school board shall use information produced by the demographic,
2787 revenue, and education estimating conferences pursuant to s.
2788 216.136 when preparing the district educational facilities plan
2789 pursuant to s. 1013.35, as modified and agreed to by the local
2790 governments, when provided by interlocal agreement, and the
2791 Office of Educational Facilities, in consideration of local
2792 governments’ population projections, to ensure that the district
2793 educational facilities plan not only reflects enrollment
2794 projections but also considers applicable municipal and county
2795 growth and development projections. The projections must be
2796 apportioned geographically with assistance from the local
2797 governments using local government trend data and the school
2798 district student enrollment data. A school board is precluded
2799 from siting a new school in a jurisdiction where the school
2800 board has failed to provide the annual educational facilities
2801 plan for the prior year required pursuant to s. 1013.35 unless
2802 the failure is corrected.
2803 (8)(10) The location of educational facilities shall be
2804 consistent with the comprehensive plan of the appropriate local
2805 governing body developed under part II of chapter 163 and
2806 consistent with the plan’s implementing land development
2807 regulations.
2808 (9)(11) To improve coordination relative to potential
2809 educational facility sites, a board shall provide written notice
2810 to the local government that has regulatory authority over the
2811 use of the land consistent with an interlocal agreement entered
2812 pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
2813 to acquiring or leasing property that may be used for a new
2814 public educational facility. The local government, upon receipt
2815 of this notice, shall notify the board within 45 days if the
2816 site proposed for acquisition or lease is consistent with the
2817 land use categories and policies of the local government’s
2818 comprehensive plan. This preliminary notice does not constitute
2819 the local government’s determination of consistency pursuant to
2820 subsection (10) (12).
2821 (10)(12) As early in the design phase as feasible and
2822 consistent with an interlocal agreement entered pursuant to
2823 subsections (2)-(6) (2)-(8), but no later than 90 days before
2824 commencing construction, the district school board shall in
2825 writing request a determination of consistency with the local
2826 government’s comprehensive plan. The local governing body that
2827 regulates the use of land shall determine, in writing within 45
2828 days after receiving the necessary information and a school
2829 board’s request for a determination, whether a proposed
2830 educational facility is consistent with the local comprehensive
2831 plan and consistent with local land development regulations. If
2832 the determination is affirmative, school construction may
2833 commence and further local government approvals are not
2834 required, except as provided in this section. Failure of the
2835 local governing body to make a determination in writing within
2836 90 days after a district school board’s request for a
2837 determination of consistency shall be considered an approval of
2838 the district school board’s application. Campus master plans and
2839 development agreements must comply with the provisions of ss.
2840 1013.30 and 1013.63.
2841 (11)(13) A local governing body may not deny the site
2842 applicant based on adequacy of the site plan as it relates
2843 solely to the needs of the school. If the site is consistent
2844 with the comprehensive plan’s land use policies and categories
2845 in which public schools are identified as allowable uses, the
2846 local government may not deny the application but it may impose
2847 reasonable development standards and conditions in accordance
2848 with s. 1013.51(1) and consider the site plan and its adequacy
2849 as it relates to environmental concerns, health, safety and
2850 welfare, and effects on adjacent property. Standards and
2851 conditions may not be imposed which conflict with those
2852 established in this chapter or the Florida Building Code, unless
2853 mutually agreed and consistent with the interlocal agreement
2854 required by subsections (2)-(6) (2)-(8).
2855 (12)(14) This section does not prohibit a local governing
2856 body and district school board from agreeing and establishing an
2857 alternative process for reviewing a proposed educational
2858 facility and site plan, and offsite impacts, pursuant to an
2859 interlocal agreement adopted in accordance with subsections (2)
2860 (6) (2)-(8).
2861 (13)(15) Existing schools shall be considered consistent
2862 with the applicable local government comprehensive plan adopted
2863 under part II of chapter 163. If a board submits an application
2864 to expand an existing school site, the local governing body may
2865 impose reasonable development standards and conditions on the
2866 expansion only, and in a manner consistent with s. 1013.51(1).
2867 Standards and conditions may not be imposed which conflict with
2868 those established in this chapter or the Florida Building Code,
2869 unless mutually agreed. Local government review or approval is
2870 not required for:
2871 (a) The placement of temporary or portable classroom
2872 facilities; or
2873 (b) Proposed renovation or construction on existing school
2874 sites, with the exception of construction that changes the
2875 primary use of a facility, includes stadiums, or results in a
2876 greater than 5 percent increase in student capacity, or as
2877 mutually agreed upon, pursuant to an interlocal agreement
2878 adopted in accordance with subsections (2)-(6)(8).
2879 Section 72. Paragraph (b) of subsection (2) of section
2880 1013.35, Florida Statutes, is amended to read:
2881 1013.35 School district educational facilities plan;
2882 definitions; preparation, adoption, and amendment; long-term
2883 work programs.—
2884 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
2885 FACILITIES PLAN.—
2886 (b) The plan must also include a financially feasible
2887 district facilities work program for a 5-year period. The work
2888 program must include:
2889 1. A schedule of major repair and renovation projects
2890 necessary to maintain the educational facilities and ancillary
2891 facilities of the district.
2892 2. A schedule of capital outlay projects necessary to
2893 ensure the availability of satisfactory student stations for the
2894 projected student enrollment in K-12 programs. This schedule
2895 shall consider:
2896 a. The locations, capacities, and planned utilization rates
2897 of current educational facilities of the district. The capacity
2898 of existing satisfactory facilities, as reported in the Florida
2899 Inventory of School Houses must be compared to the capital
2900 outlay full-time-equivalent student enrollment as determined by
2901 the department, including all enrollment used in the calculation
2902 of the distribution formula in s. 1013.64.
2903 b. The proposed locations of planned facilities, whether
2904 those locations are consistent with the comprehensive plans of
2905 all affected local governments, and recommendations for
2906 infrastructure and other improvements to land adjacent to
2907 existing facilities. The provisions of ss. 1013.33(10), (11),
2908 and (12), (13), and (14) and 1013.36 must be addressed for new
2909 facilities planned within the first 3 years of the work plan, as
2910 appropriate.
2911 c. Plans for the use and location of relocatable
2912 facilities, leased facilities, and charter school facilities.
2913 d. Plans for multitrack scheduling, grade level
2914 organization, block scheduling, or other alternatives that
2915 reduce the need for additional permanent student stations.
2916 e. Information concerning average class size and
2917 utilization rate by grade level within the district which will
2918 result if the tentative district facilities work program is
2919 fully implemented.
2920 f. The number and percentage of district students planned
2921 to be educated in relocatable facilities during each year of the
2922 tentative district facilities work program. For determining
2923 future needs, student capacity may not be assigned to any
2924 relocatable classroom that is scheduled for elimination or
2925 replacement with a permanent educational facility in the current
2926 year of the adopted district educational facilities plan and in
2927 the district facilities work program adopted under this section.
2928 Those relocatable classrooms clearly identified and scheduled
2929 for replacement in a school-board-adopted, financially feasible,
2930 5-year district facilities work program shall be counted at zero
2931 capacity at the time the work program is adopted and approved by
2932 the school board. However, if the district facilities work
2933 program is changed and the relocatable classrooms are not
2934 replaced as scheduled in the work program, the classrooms must
2935 be reentered into the system and be counted at actual capacity.
2936 Relocatable classrooms may not be perpetually added to the work
2937 program or continually extended for purposes of circumventing
2938 this section. All relocatable classrooms not identified and
2939 scheduled for replacement, including those owned, lease
2940 purchased, or leased by the school district, must be counted at
2941 actual student capacity. The district educational facilities
2942 plan must identify the number of relocatable student stations
2943 scheduled for replacement during the 5-year survey period and
2944 the total dollar amount needed for that replacement.
2945 g. Plans for the closure of any school, including plans for
2946 disposition of the facility or usage of facility space, and
2947 anticipated revenues.
2948 h. Projects for which capital outlay and debt service funds
2949 accruing under s. 9(d), Art. XII of the State Constitution are
2950 to be used shall be identified separately in priority order on a
2951 project priority list within the district facilities work
2952 program.
2953 3. The projected cost for each project identified in the
2954 district facilities work program. For proposed projects for new
2955 student stations, a schedule shall be prepared comparing the
2956 planned cost and square footage for each new student station, by
2957 elementary, middle, and high school levels, to the low, average,
2958 and high cost of facilities constructed throughout the state
2959 during the most recent fiscal year for which data is available
2960 from the Department of Education.
2961 4. A schedule of estimated capital outlay revenues from
2962 each currently approved source which is estimated to be
2963 available for expenditure on the projects included in the
2964 district facilities work program.
2965 5. A schedule indicating which projects included in the
2966 district facilities work program will be funded from current
2967 revenues projected in subparagraph 4.
2968 6. A schedule of options for the generation of additional
2969 revenues by the district for expenditure on projects identified
2970 in the district facilities work program which are not funded
2971 under subparagraph 5. Additional anticipated revenues may
2972 include effort index grants, SIT Program awards, and Classrooms
2973 First funds.
2974 Section 73. Rules 9J-5 and 9J-11.023, Florida
2975 Administrative Code, are repealed, and the Department of State
2976 is directed to remove those rules from the Florida
2977 Administrative Code.
2978 Section 74. (1) Any permit or any other authorization that
2979 was extended beyond January 1, 2012, under section 14 of chapter
2980 2009-96, Laws of Florida, as reauthorized by section 47 of
2981 chapter 2010-147, Laws of Florida, and was ineligible for the
2982 permit extension granted by section 46 of chapter 2010-147, Laws
2983 of Florida, solely because of its extended expiration date, is
2984 extended and renewed for an additional period of 2 years after
2985 its previously scheduled expiration date. This extension is in
2986 addition to the 2-year permit extension provided under section
2987 14 of chapter 2009-96, Laws of Florida. This section does not
2988 prohibit conversion from the construction phase to the operation
2989 phase upon completion of construction.
2990 (2) The commencement and completion dates for any required
2991 mitigation associated with a phased construction project shall
2992 be extended such that mitigation takes place in the same
2993 timeframe relative to the phase as originally permitted.
2994 (3) The holder of a valid permit or other authorization
2995 that is eligible for the 2-year extension shall notify the
2996 authorizing agency in writing by December 31, 2011, identifying
2997 the specific authorization for which the holder intends to use
2998 the extension and the anticipated timeframe for acting on the
2999 authorization.
3000 (4) The extension provided for in subsection (1) does not
3001 apply to:
3002 (a) A permit or other authorization under any programmatic
3003 or regional general permit issued by the Army Corps of
3004 Engineers.
3005 (b) A permit or other authorization held by an owner or
3006 operator determined to be in significant noncompliance with the
3007 conditions of the permit or authorization as established through
3008 the issuance of a warning letter or notice of violation, the
3009 initiation of formal enforcement, or other equivalent action by
3010 the authorizing agency.
3011 (c) A permit or other authorization, if granted an
3012 extension, that would delay or prevent compliance with a court
3013 order.
3014 (5) Permits extended under this section shall continue to
3015 be governed by rules in effect at the time the permit was
3016 issued, except if it is demonstrated that the rules in effect at
3017 the time the permit was issued would create an immediate threat
3018 to public safety or health. This subsection applies to any
3019 modification of the plans, terms, and conditions of the permit
3020 that lessens the environmental impact, except that any such
3021 modification may not extend the time limit beyond 2 additional
3022 years.
3023 (6) This section does not impair the authority of a county
3024 or municipality to require the owner of a property that has
3025 notified the county or municipality of the owner’s intention to
3026 receive the extension of time granted pursuant to this section
3027 to maintain and secure the property in a safe and sanitary
3028 condition in compliance with applicable laws and ordinances.
3029 Section 75. (1) The state land planning agency, within 60
3030 days after the effective date of this act, shall review any
3031 administrative or judicial proceeding filed by the agency and
3032 pending on the effective date of this act to determine whether
3033 the issues raised by the state land planning agency are
3034 consistent with the revised provisions of part II of chapter
3035 163, Florida Statutes. For each proceeding, if the agency
3036 determines that issues have been raised that are not consistent
3037 with the revised provisions of part II of chapter 163, Florida
3038 Statutes, the agency shall dismiss the proceeding. If the state
3039 land planning agency determines that one or more issues have
3040 been raised that are consistent with the revised provisions of
3041 part II of chapter 163, Florida Statutes, the agency shall amend
3042 its petition within 30 days after the determination to plead
3043 with particularity as to the manner in which the plan or plan
3044 amendment fails to meet the revised provisions of part II of
3045 chapter 163, Florida Statutes. If the agency fails to timely
3046 file such amended petition, the proceeding shall be dismissed.
3047 (2) In all proceedings that were initiated by the state
3048 land planning agency before the effective date of this act, and
3049 continue after that date, the local government’s determination
3050 that the comprehensive plan or plan amendment is in compliance
3051 is presumed to be correct, and the local government’s
3052 determination shall be sustained unless it is shown by a
3053 preponderance of the evidence that the comprehensive plan or
3054 plan amendment is not in compliance.
3055 Section 76. All local governments shall be governed by the
3056 revised provisions of s. 163.3191, Florida Statutes,
3057 notwithstanding a local government’s previous failure to timely
3058 adopt its evaluation and appraisal report or evaluation and
3059 appraisal report-based amendments by the due dates established
3060 in Rule 9J-42, Florida Administrative Code.
3061 Section 77. The Division of Statutory Revision is directed
3062 to replace the phrase “the effective date of this act” wherever
3063 it occurs in this act with the date this act becomes a law.
3064 Section 78. This act shall take effect upon becoming a law
3065
3066
3067 ================= T I T L E A M E N D M E N T ================
3068 And the title is amended as follows:
3069 Delete lines 98 - 194
3070 and insert:
3071 the evaluation and appraisal of comprehensive plans;
3072 providing and revising local government requirements
3073 including notice, amendments, compliance, mediation,
3074 reports, and scoping meetings; amending s. 163.3229,
3075 F.S.; revising limitations on duration of development
3076 agreements; amending s. 163.3235, F.S.; revising
3077 requirements for periodic reviews of a development
3078 agreements; amending s. 163.3239, F.S.; revising
3079 recording requirements; amending s. 163.3243, F.S.;
3080 revising parties who may file an action for injunctive
3081 relief; amending s. 163.3245, F.S.; revising
3082 provisions relating to optional sector plans;
3083 authorizing the adoption of sector plans under certain
3084 circumstances; amending s. 163.3246, F.S.; revising
3085 provisions relating to the local government
3086 comprehensive planning certification program;
3087 conforming provisions to changes made by the act;
3088 deleting reporting requirements of the Office of
3089 Program Policy Analysis and Government Accountability;
3090 repealing s. 163.32465, F.S., relating to state review
3091 of local comprehensive plans in urban areas; amending
3092 s. 163.3247, F.S.; providing for future repeal and
3093 abolition of the Century Commission for a Sustainable
3094 Florida; creating s. 163.3248, F.S.; providing for the
3095 designation of rural land stewardship areas; providing
3096 purposes and requirements for the establishment of
3097 such areas; providing for the creation of rural land
3098 stewardship overlay zoning district and transferable
3099 rural land use credits; providing certain limitation
3100 relating to such credits; providing for incentives;
3101 providing eligibility for incentives; providing
3102 legislative intent; amending s. 380.06, F.S.; revising
3103 requirements relating to the issuance of permits for
3104 development by local governments; revising criteria
3105 for the determination of substantial deviation;
3106 providing for extension of certain expiration dates;
3107 revising exemptions governing developments of regional
3108 impact; revising provisions to conform to changes made
3109 by this act; amending s. 380.0651, F.S.; revising
3110 provisions relating to statewide guidelines and
3111 standards for certain multiscreen movie theaters,
3112 industrial plants, industrial parks, distribution,
3113 warehousing and wholesaling facilities, and hotels and
3114 motels; revising criteria for the determination of
3115 when to treat two or more developments as a single
3116 development; amending s. 331.303, F.S.; conforming a
3117 cross-reference; amending s. 380.115, F.S.; subjecting
3118 certain developments required to undergo development
3119 of-regional-impact review to certain procedures;
3120 amending s. 380.065, F.S.; deleting certain reporting
3121 requirements; conforming provisions to changes made by
3122 the act; amending s. 380.0685, F.S., relating to use
3123 of surcharges for beach renourishment and restoration;
3124 repealing Rules 9J-5 and 9J-11.023, Florida
3125 Administrative Code, relating to minimum criteria for
3126 review of local government comprehensive plans and
3127 plan amendments, evaluation and appraisal reports,
3128 land development regulations, and determinations of
3129 compliance; amending ss. 70.51, 163.06, 163.2517,
3130 163.3162, 163.3217, 163.3220, 163.3221, 163.3229,
3131 163.360, 163.516, 171.203, 186.513, 189.415, 190.004,
3132 190.005, 193.501, 287.042, 288.063, 288.975, 290.0475,
3133 311.07, 331.319, 339.155, 339.2819, 369.303, 369.321,
3134 378.021, 380.115, 380.031, 380.061, 403.50665,
3135 403.973, 420.5095, 420.615, 420.5095, 420.9071,
3136 420.9076, 720.403, 1013.30, 1013.33, and 1013.35,
3137 F.S.; revising provisions to conform to changes made
3138 by this act; extending permits and other
3139 authorizations extended under s. 14, ch. 2009-96, Laws
3140 of Florida; extending certain previously granted
3141 buildout dates; requiring a permitholder to notify the
3142 authorizing agency of its intended use of the
3143 extension; exempting certain permits from eligibility
3144 for an extension; providing for applicability of rules
3145 governing permits; declaring that certain provisions
3146 do not impair the authority of counties and
3147 municipalities under certain circumstances; requiring
3148 the state land planning agency to review certain
3149 administrative and judicial proceedings; providing
3150 procedures for such review; providing that all local
3151 governments shall be governed by certain provisions of
3152 general law; providing a directive of the Division of
3153 Statutory Revision; providing an effective date.