Florida Senate - 2011                                    SB 1122
       
       
       
       By Senator Bennett
       
       
       
       
       21-00519-11                                           20111122__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3164, F.S.; clarifying the definition of the term
    4         “urban service area”; amending s. 163.3171, F.S.;
    5         providing legislative intent regarding joint
    6         agreements between municipalities and counties;
    7         amending s. 163.3177, F.S.; extending the deadline for
    8         a local government to comply with the financial
    9         feasibility requirement for the capital improvements
   10         element of its comprehensive plan; expanding future
   11         land use categories to require the consideration of
   12         compatibility with adjacent lands, the preservation of
   13         recreational and commercial working waterfronts,
   14         public schools, and future municipal incorporation;
   15         deleting consideration of future planned industrial
   16         use, based on certain criteria; eliminating certain
   17         criteria specific to coastal counties; reenacting s.
   18         163.31801(5), F.S., relating to the requirement that
   19         the government has the burden to prove that the
   20         imposition or amount of an impact fee meets the state
   21         requirements for legal precedent; providing for
   22         retroactive application, and providing legislative
   23         intent if a court finds such retroactive application
   24         to be unconstitutional; amending s. 163.31801, F.S.;
   25         prohibiting a local government from increasing an
   26         impact fee or imposing a new impact fee on
   27         nonresidential development; providing certain
   28         exceptions; providing for future expiration of the
   29         prohibition; amending s. 163.3194, F.S.; requiring a
   30         governing body to issue a development order or permit
   31         to erect, operate, use, or maintain a sign if the sign
   32         is located in certain zones; providing definitions;
   33         providing circumstances in which a parcel is
   34         considered unzoned commercial or industrial; providing
   35         criteria under which a development order or permit is
   36         in compliance with certain requirements governing the
   37         placement of signs; providing that the Department of
   38         Transportation may rely on a determination by the
   39         local permitting agency; amending s. 163.3246, F.S.;
   40         requiring the Office of Program Policy Analysis and
   41         Government Accountability to submit a report on the
   42         effectiveness of the comprehensive planning
   43         certification program; directing the office to obtain
   44         input from certain entities in developing the report;
   45         providing minimum criteria for the report; providing
   46         for future expiration of the local government
   47         comprehensive planning certification program;
   48         providing for future expiration of certain agreements;
   49         creating s. 163.3250, F.S.; creating an autonomous
   50         planning program; providing legislative findings that
   51         local governments can implement plans without state
   52         oversight; providing criteria for autonomous planning;
   53         requiring a county or municipality to notify the state
   54         land planning agency and provide a map of the
   55         designated or modified autonomous planning area;
   56         requiring the state land planning agency to provide
   57         notice on its website of the name of any jurisdiction
   58         that has a designated autonomous planning area;
   59         providing the effective date of the plan; providing
   60         conditions for automatic approval; requiring a public
   61         hearing before an application may be submitted;
   62         providing for comments; providing exceptions to the
   63         process; requiring jurisdictions to be subject to
   64         frequency and timing requirements; providing
   65         procedures for the initial hearing on the
   66         comprehensive plan amendment for the autonomous
   67         planning program; providing procedures for the
   68         adoption of the comprehensive plan amendments in
   69         autonomous planning areas; providing procedures for
   70         administrative challenges to plan amendments for
   71         autonomous planning areas; requiring any development
   72         within the autonomous planning area to be consistent
   73         with the local comprehensive plan; providing that
   74         local governments implementing a program using an
   75         alternative state review process may elect to file an
   76         application under the autonomous planning program;
   77         creating s. 163.3260, F.S.; prohibiting a local
   78         government from duplicating state regulatory
   79         authority; providing effective dates.
   80  
   81         WHEREAS, the Florida Legislature enacted House Bill 227 in
   82  2009 for important public purposes, and
   83         WHEREAS, litigation has called into question the
   84  constitutional validity of this important piece of legislation,
   85  and
   86         WHEREAS, the Legislature wishes to protect those that
   87  relied on the changes made by House Bill 227 and to preserve the
   88  Florida Statutes intact and cure any constitutional violation,
   89  NOW, THEREFORE,
   90  
   91  Be It Enacted by the Legislature of the State of Florida:
   92  
   93         Section 1. Subsection (29) of section 163.3164, Florida
   94  Statutes, is amended to read:
   95         163.3164 Local Government Comprehensive Planning and Land
   96  Development Regulation Act; definitions.—As used in this act:
   97         (29) “Urban service area” means built-up areas where public
   98  facilities and services, including, but not limited to, central
   99  water and sewer capacity and roads, are already in place or are
  100  committed in the first 3 years of the capital improvement
  101  schedule. In addition, for counties that qualify as dense urban
  102  land areas under subsection (34), the nonrural area of a county
  103  which has adopted into the county charter a rural area
  104  designation or any areas identified in the comprehensive plan as
  105  urban service areas, regardless of any local government
  106  limitation, or urban growth boundaries on or before July 1,
  107  2009, are also urban service areas under this definition.
  108         Section 2. Subsection (5) is added to section 163.3171,
  109  Florida Statutes, to read:
  110         163.3171 Areas of authority under this act.—
  111         (5) It is the intent of the Legislature that a joint
  112  agreement entered into under this section be liberally, broadly,
  113  and flexibly construed to facilitate intergovernmental
  114  cooperation between municipalities and counties and to encourage
  115  planning in advance of jurisdictional changes. Whether executed
  116  prior to or after the effective date of this act, such joint
  117  agreement may include, but is not limited to, an agreement that
  118  contemplates municipal adoption of plans or plan amendments for
  119  lands in advance of annexation of such lands into the
  120  municipality and may permit municipalities or counties to
  121  exercise nonexclusive extrajurisdictional planning authority
  122  within the incorporated and unincorporated areas. The courts
  123  have sole jurisdiction to interpret, invalidate, or declare
  124  inoperative such joint agreements, and the validity of a joint
  125  agreement may not be a basis for finding plans or plan
  126  amendments not in compliance pursuant to s. 163.3177.
  127         Section 3. Paragraph (b) of subsection (3) and paragraph
  128  (a) of subsection (6) of section 163.3177, Florida Statutes, are
  129  amended to read:
  130         163.3177 Required and optional elements of comprehensive
  131  plan; studies and surveys.—
  132         (3)
  133         (b)1. The capital improvements element must be reviewed on
  134  an annual basis and modified as necessary in accordance with s.
  135  163.3187 or s. 163.3189 in order to maintain a financially
  136  feasible 5-year schedule of capital improvements. Corrections
  137  and modifications concerning costs; revenue sources; or
  138  acceptance of facilities pursuant to dedications which are
  139  consistent with the plan may be accomplished by ordinance and
  140  shall not be deemed to be amendments to the local comprehensive
  141  plan. A copy of the ordinance shall be transmitted to the state
  142  land planning agency. An amendment to the comprehensive plan is
  143  required to update the schedule on an annual basis or to
  144  eliminate, defer, or delay the construction for any facility
  145  listed in the 5-year schedule. All public facilities must be
  146  consistent with the capital improvements element. The annual
  147  update to the capital improvements element of the comprehensive
  148  plan need not comply with the financial feasibility requirement
  149  until December 1, 2013 2011. Thereafter, a local government may
  150  not amend its future land use map, except for plan amendments to
  151  meet new requirements under this part and emergency amendments
  152  pursuant to s. 163.3187(1)(a), after December 1, 2013 2011, and
  153  every year thereafter, unless and until the local government has
  154  adopted the annual update and it has been transmitted to the
  155  state land planning agency.
  156         2. Capital improvements element amendments adopted after
  157  the effective date of this act shall require only a single
  158  public hearing before the governing board which shall be an
  159  adoption hearing as described in s. 163.3184(7). Such amendments
  160  are not subject to the requirements of s. 163.3184(3)-(6).
  161         (6) In addition to the requirements of subsections (1)-(5)
  162  and (12), the comprehensive plan shall include the following
  163  elements:
  164         (a) A future land use plan element designating proposed
  165  future general distribution, location, and extent of the uses of
  166  land for residential uses, commercial uses, industry,
  167  agriculture, recreation, conservation, education, public
  168  buildings and grounds, other public facilities, and other
  169  categories of the public and private uses of land.
  170         1. Counties are encouraged to designate rural land
  171  stewardship areas, pursuant to paragraph (11)(d), as overlays on
  172  the future land use map.
  173         2. Each future land use category must:
  174         a. Be defined in terms of uses included, and must include
  175  standards to be followed in the control and distribution of
  176  population densities and building and structure intensities. The
  177  proposed distribution, location, and extent of the various
  178  categories of land use shall be shown on a land use map or map
  179  series which shall be supplemented by goals, policies, and
  180  measurable objectives.
  181         b.The future land use plan shall Be based upon surveys,
  182  studies, and data regarding the area, including:
  183         (I) The amount of land required to accommodate anticipated
  184  growth;
  185         (II) The projected population of the area;
  186         (III) The character of undeveloped land;
  187         (IV) The availability of water supplies, public facilities,
  188  and services;
  189         (V) The need for redevelopment, including the renewal of
  190  blighted areas and the elimination of nonconforming uses which
  191  are inconsistent with the character of the community;
  192         (VI) The compatibility of uses on lands adjacent to or
  193  closely proximate to military installations;
  194         (VII) Lands adjacent to an airport as defined in s. 330.35
  195  and consistent with s. 333.02;
  196         (VIII) The discouragement of urban sprawl;
  197         (IX) Energy-efficient land use patterns accounting for
  198  existing and future electric power generation and transmission
  199  systems;
  200         (X) Greenhouse gas reduction strategies; and,
  201         (XI) In rural communities, the need for job creation,
  202  capital investment, and economic development that will
  203  strengthen and diversify the community’s economy.
  204         c.Include criteria to be used to achieve the compatibility
  205  of lands adjacent or closely proximate to military
  206  installations, considering factors identified in s. 163.3175(5),
  207  and lands adjacent to an airport as defined in s. 330.37 and
  208  consistent with s. 333.02.
  209         d. For coastal counties, include, without limitation,
  210  regulatory incentives and criteria that encourage the
  211  preservation of recreational and commercial working waterfronts
  212  as defined in s. 342.07.
  213         e. Clearly identify the land use categories in which public
  214  schools are an allowable use pursuant to the criteria specified
  215  in subparagraph 6.
  216         3. The future land use plan may:
  217         a. Designate areas for future planned development use
  218  involving combinations of types of uses for which special
  219  regulations may be necessary to ensure development in accord
  220  with the principles and standards of the comprehensive plan and
  221  this act.
  222         b. Designate areas for possible future municipal
  223  incorporation. The future land use plan element shall include
  224  criteria to be used to achieve the compatibility of lands
  225  adjacent or closely proximate to military installations,
  226  considering factors identified in s. 163.3175(5), and lands
  227  adjacent to an airport as defined in s. 330.35 and consistent
  228  with s. 333.02. In addition, for rural communities,
  229         4. The amount of land designated for future planned land
  230  uses industrial use shall be based upon surveys and studies that
  231  reflect the need for job creation, capital investment, and the
  232  necessity to strengthen and diversify the local economies, and
  233  may not be limited solely by the projected population of the
  234  local government rural community. The future land use plan of a
  235  county may also designate areas for possible future municipal
  236  incorporation.
  237         5. The land use maps or map series shall generally identify
  238  and depict historic district boundaries and shall designate
  239  historically significant properties meriting protection. For
  240  coastal counties, the future land use element must include,
  241  without limitation, regulatory incentives and criteria that
  242  encourage the preservation of recreational and commercial
  243  working waterfronts as defined in s. 342.07. The future land use
  244  element must clearly identify the land use categories in which
  245  public schools are an allowable use.
  246         6. When delineating the land use categories in which public
  247  schools are an allowable use, a local government shall include
  248  in the categories sufficient land proximate to residential
  249  development to meet the projected needs for schools in
  250  coordination with public school boards and may establish
  251  differing criteria for schools of different type or size. Each
  252  local government shall include lands contiguous to existing
  253  school sites, to the maximum extent possible, within the land
  254  use categories in which public schools are an allowable use. The
  255  failure by a local government to comply with these school siting
  256  requirements will result in the prohibition of the local
  257  government’s ability to amend the local comprehensive plan,
  258  except for plan amendments described in s. 163.3187(1)(b), until
  259  the school siting requirements are met. Amendments proposed by a
  260  local government for purposes of identifying the land use
  261  categories in which public schools are an allowable use are
  262  exempt from the limitation on the frequency of plan amendments
  263  contained in s. 163.3187. The future land use element shall
  264  include criteria that encourage the location of schools
  265  proximate to urban residential areas to the extent possible and
  266  shall require that the local government seek to collocate public
  267  facilities, such as parks, libraries, and community centers,
  268  with schools to the extent possible and to encourage the use of
  269  elementary schools as focal points for neighborhoods. For
  270  schools serving predominantly rural counties, defined as a
  271  county with a population of 100,000 or fewer, an agricultural
  272  land use category is eligible for the location of public school
  273  facilities if the local comprehensive plan contains school
  274  siting criteria and the location is consistent with such
  275  criteria.
  276         7. Local governments required to update or amend their
  277  comprehensive plan to include criteria and address compatibility
  278  of lands adjacent or closely proximate to existing military
  279  installations, or lands adjacent to an airport as defined in s.
  280  330.35 and consistent with s. 333.02, in their future land use
  281  plan element shall transmit the update or amendment to the state
  282  land planning agency by June 30, 2012.
  283         Section 4. Effective upon this act becoming a law and
  284  operating retroactively to July 1, 2009, subsection (5) of
  285  section 163.30801, Florida Statutes, is reenacted to read:
  286         163.31801 Impact fees; short title; intent; definitions;
  287  ordinances levying impact fees.—
  288         (5) In any action challenging an impact fee, the government
  289  has the burden of proving by a preponderance of the evidence
  290  that the imposition or amount of the fee meets the requirements
  291  of state legal precedent or this section. The court may not use
  292  a deferential standard.
  293         Section 5. If a court of last resort finds that the
  294  retroactive application of the reenactment of s. 163.31801(5),
  295  Florida Statutes, is unconstitutional, it is the intent of the
  296  Legislature that section 4 of this act shall apply prospectively
  297  from July 1, 2011.
  298         Section 6. Subsection (6) is added to section 163.31801,
  299  Florida Statutes, to read:
  300         163.31801 Impact fees; short title; intent; definitions;
  301  ordinances levying impact fees.—
  302         (6) Notwithstanding any law, ordinance, or resolution to
  303  the contrary, a county, municipality, or special district may
  304  not increase any existing impact fees or impose any new impact
  305  fees on nonresidential development. This subsection does not
  306  affect impact fees pledged or obligated to the retirement of
  307  debt; impact fee increases that were previously enacted by law,
  308  ordinance, or resolution and phased in over time or included a
  309  consumer price index or other yearly escalator; or impact fees
  310  for water or wastewater facilities. This subsection expires July
  311  1, 2013.
  312         Section 7. Present subsections (3), (4), (5), and (6) of
  313  section 163.3194, Florida Statutes, are renumbered as
  314  subsections (4), (5), (6), and (7), respectively, and a new
  315  subsection (3) is added to that section, to read:
  316         163.3194 Legal status of comprehensive plan.—
  317         (3) A governing body may not issue a development order or
  318  permit to erect, operate, use, or maintain a sign authorized by
  319  s. 479.07 unless the sign is located in a zoned or unzoned area
  320  or on a zoned or unzoned parcel authorized for commercial or
  321  industrial use pursuant to a plan approved by the state land
  322  planning agency.
  323         (a) As used in this subsection, the term:
  324         1. “Commercial or industrial use” means a parcel of land
  325  designated predominately for commercial or industrial uses under
  326  both the future land use map approved by the state land planning
  327  agency and the land use development regulations adopted pursuant
  328  to this chapter.
  329         2. “Zoned or unzoned area” means an area that is not
  330  specifically designated for commercial or industrial uses under
  331  the land development regulations and is located in an area
  332  designated by the future land use map of a plan approved by the
  333  state land planning agency for multiple uses that include
  334  commercial or industrial uses on which three or more separate
  335  and distinct conforming activities are located.
  336         3. “Zoned or unzoned parcel” means a parcel of land in a
  337  zoned or unzoned area.
  338         (b) If a parcel is located in an area designated for
  339  multiple uses on the future land use map of the comprehensive
  340  plan and the zoning category of the land development regulations
  341  does not clearly designate that parcel for a specific use, the
  342  parcel will be considered an unzoned commercial or industrial
  343  parcel if it meets the criteria of this subsection.
  344         (c) A development order or permit issued pursuant to a plan
  345  approved by the state land planning agency in a zoned or unzoned
  346  area or on a zoned or unzoned parcel authorized for commercial
  347  or industrial use is in compliance with s. 479.02, and the
  348  Department of Transportation may rely upon such determination by
  349  the local permitting agency.
  350         Section 8. Subsection (14) of section 163.3246, Florida
  351  Statutes, is amended to read:
  352         163.3246 Local government comprehensive planning
  353  certification program.—
  354         (14) By December 1, 2014, the Office of Program Policy
  355  Analysis and Government Accountability shall submit to the
  356  President of the Senate and the Speaker of the House of
  357  Representatives a report on the effectiveness of the
  358  comprehensive planning certification program and the
  359  implementation of autonomous planning areas. The Office of
  360  Program Policy Analysis and Government Accountability, in
  361  consultation with the state land planning agency, shall develop
  362  the report and recommendations with input from other state and
  363  regional agencies, local governments, and interest groups. The
  364  office shall review local and state actions and correspondence
  365  relating to the autonomous planning program to identify issues
  366  of process and substance in recommending changes to the
  367  autonomous planning program.
  368         (a)The report shall address, at a minimum:
  369         1. Criteria for determining issues of regional or statewide
  370  importance;
  371         2. Compliance of participating counties and municipalities
  372  with the growth management laws, including any legal challenges;
  373         3. Significant changes made to participating county or
  374  municipal comprehensive plans subsequent to their participation
  375  in the program under this section or s. 163.3250;
  376         4. Any significant impact to the fiscal resources, natural
  377  resources, or infrastructure of the participating counties or
  378  municipalities subsequent to their participation in the program
  379  under this section or s. 163.3250; and
  380         5. Whether participation in the program under this section
  381  or s. 163.3250 has had an impact on intergovernmental disputes
  382  and dispute resolution.
  383         (b) This section expires December 1, 2015, and all counties
  384  or municipalities certified under this section shall operate
  385  under the administrative provisions of s. 163.3250 but, in
  386  recognition of their commendable planning programs, may retain
  387  their titles as certified communities. All agreements between
  388  the local government and the state land planning agency entered
  389  into pursuant to this section expire on December 1, 2015.
  390  prepare a report evaluating the certification program, which
  391  shall be submitted to the Governor, the President of the Senate,
  392  and the Speaker of the House of Representatives by December 1,
  393  2007.
  394         Section 9. Section 163.3250, Florida Statutes, is created
  395  to read:
  396         163.3250Autonomous planning program.—
  397         (1) The Legislature finds that where local governments can
  398  effectively implement their own planning without state
  399  oversight, it is desirable that they are allowed to plan
  400  independently. State and regional review of comprehensive plan
  401  amendments should be eliminated where review is not needed for
  402  local governments that have a demonstrated record of effectively
  403  adopting their comprehensive plans. Therefore, the Legislature
  404  authorizes the creation of autonomous planning areas.
  405         (2) A county or municipality that wishes to designate or
  406  modify an autonomous planning area must notify the state land
  407  planning agency in writing and include a map designating the
  408  boundaries of the autonomous planning area. The state land
  409  planning agency shall publish on its website the name of any
  410  jurisdiction that has a designated autonomous planning area
  411  within 15 days after receiving notification from the county or
  412  municipality. The designation becomes effective upon publication
  413  on the agency website.
  414         (3) The state land planning agency shall approve any county
  415  or municipal designation of an autonomous planning area if all
  416  of the jurisdiction’s plan amendments have been found in
  417  compliance by final order from the Administration Commission or
  418  a court of law within the preceding 2 years.
  419         (4) Before submitting an application to the state land
  420  planning agency, the county or municipality must hold at least
  421  one public hearing to solicit input concerning the decision to
  422  become an autonomous planning area. Counties and municipalities
  423  are encouraged to obtain public comment through workshops with
  424  neighborhood associations and any local or regional planning
  425  entity. The goal of the public hearing is to solicit input from
  426  the public on whether the local government should apply for
  427  designation as an autonomous planning area.
  428         (5) Plan amendments that apply to lands within an
  429  autonomous planning area shall follow the process set forth in
  430  this section, with the following exceptions:
  431         (a) Amendments that qualify as small scale development
  432  amendments may continue to be adopted by the autonomous planning
  433  program jurisdictions pursuant to s. 163.3187(1)(c) and (3).
  434         (b) Plan amendments are subject to state review as set
  435  forth in s. 163.3184 if the plan amendments:
  436         1. Propose a rural land stewardship area pursuant to s.
  437  163.3177(11)(d);
  438         2. Affect areas of critical state concern;
  439         3. Propose an optional sector plan;
  440         4. Update a comprehensive plan based on an evaluation and
  441  appraisal report;
  442         5. Implement new statutory requirements;
  443         6. Increase hurricane evacuation times or the need for
  444  shelter capacity on lands within the coastal high-hazard area;
  445  or
  446         7. Are new plans for newly incorporated municipalities.
  447         (6) Autonomous planning program jurisdictions are subject
  448  to the frequency and timing requirements for plan amendments set
  449  forth in ss. 163.3187 and 163.3191, except as otherwise provided
  450  in this section.
  451         (7) An initial hearing for a comprehensive plan amendment
  452  for the autonomous planning program shall be conducted pursuant
  453  to this subsection.
  454         (a) The local government shall hold its first public
  455  hearing on a comprehensive plan amendment on a weekday at least
  456  7 days after the day the first advertisement is published
  457  pursuant to the requirements of chapter 125 or chapter 166. Upon
  458  an affirmative vote of not less than a majority of the members
  459  of the governing body present at the hearing, the local
  460  government shall immediately transmit the amendment or
  461  amendments and appropriate supporting data and analyses to:
  462         1. The state land planning agency;
  463         2. The appropriate regional planning council and water
  464  management district;
  465         3. The Department of Environmental Protection;
  466         4. The Department of State;
  467         5. The Department of Transportation;
  468         6. In the case of municipal plans, the appropriate county;
  469         7. The Fish and Wildlife Conservation Commission;
  470         8. The Department of Agriculture and Consumer Services;
  471         9. In the case of amendments that include or impact the
  472  public school facilities element, the Office of Educational
  473  Facilities of the Commissioner of Education; and
  474         10. Any other local government or governmental agency that
  475  has filed a written request with the governing body.
  476         (b) The agencies and local governments specified in
  477  paragraph (a) may provide comments regarding the amendment or
  478  amendments to the county or municipality.
  479         1. The review and comments by the regional planning council
  480  shall be limited to the effects on regional resources or
  481  facilities identified in the strategic regional policy plan and
  482  extrajurisdictional impacts that would be inconsistent with the
  483  comprehensive plan of the affected local government. A regional
  484  planning council may not review and comment on a proposed
  485  comprehensive plan amendment prepared by such council unless the
  486  plan amendment has been changed by the local government
  487  subsequent to the preparation of the plan amendment by the
  488  regional planning council.
  489         2. Comments by a county on municipal comprehensive plan
  490  amendments shall be in the context of the relationship and
  491  effect of the proposed plan amendments on the county plan.
  492         3. Comments by a municipality on county plan amendments
  493  shall be in the context of the relationship and effect of the
  494  amendments on the municipal plan.
  495         4. Comments by state agencies may include technical
  496  guidance on issues of agency jurisdiction as it relates to the
  497  requirements of this part. Such comments shall clearly identify
  498  issues that, if not resolved, may result in an agency challenge
  499  to the plan amendment. Agencies are encouraged to focus
  500  potential challenges on issues of regional or statewide
  501  importance.
  502  
  503  Agencies and local governments must transmit their comments to
  504  the affected local government such that they are received by the
  505  local government no later than 30 days after the date on which
  506  the agency or government received the amendment or amendments.
  507         (8) The adoption of comprehensive plan amendments in
  508  autonomous planning areas shall be conducted pursuant to this
  509  subsection.
  510         (a) The local government shall hold its second public
  511  hearing, which shall be a hearing on whether to adopt one or
  512  more comprehensive plan amendments, on a weekday at least 5 days
  513  after the day the second advertisement is published pursuant to
  514  the requirements of chapter 125 or chapter 166. Adoption of
  515  comprehensive plan amendments must be by ordinance and requires
  516  an affirmative vote of a majority of the members of the
  517  governing body present at the second hearing.
  518         (b) All comprehensive plan amendments adopted by the
  519  governing body along with the supporting data and analysis shall
  520  be transmitted within 10 days after the second public hearing to
  521  the state land planning agency and any other agency or local
  522  government that provided timely comments under paragraph (7)(b).
  523         (9) Administrative challenges to plan amendments for the
  524  autonomous planning program shall be conducted pursuant to this
  525  subsection.
  526         (a) Any affected person as defined in s. 163.3184(1)(a) may
  527  file a petition with the Division of Administrative Hearings
  528  pursuant to ss. 120.569 and 120.57, with a copy served on the
  529  affected local government, to request a formal hearing to
  530  challenge whether the amendments are in compliance as defined in
  531  s. 163.3184(1)(b). The petition must be filed with the division
  532  within 30 days after the local government adopts the amendment.
  533  The state land planning agency may intervene in a proceeding
  534  instituted by an affected person.
  535         (b) The state land planning agency may file a petition with
  536  the Division of Administrative Hearings pursuant to ss. 120.569
  537  and 120.57, with a copy served on the affected local government,
  538  to request a formal hearing. This petition must be filed with
  539  the division within 30 days after the amendment is adopted. The
  540  Legislature strongly encourages the state land planning agency
  541  to focus any challenge on issues of regional or statewide
  542  importance.
  543         (c) An administrative law judge shall hold a hearing in the
  544  affected local jurisdiction. The local government’s
  545  determination that the amendment is in compliance is presumed to
  546  be correct and shall be upheld unless it is shown by a
  547  preponderance of the evidence that the amendment is not in
  548  compliance.
  549         (d) The administrative law judge assigned by the division
  550  shall submit a recommended order to the Administration
  551  Commission for final agency action. The Administration
  552  Commission shall enter a final order within 45 days after its
  553  receipt of the recommended order. If the commission determines
  554  that the amendment is not in compliance, it may sanction the
  555  local government as set forth in s. 163.3184(11).
  556         (e) An amendment adopted under the provisions of this
  557  section does not become effective until 31 days after adoption.
  558  If timely challenged, an amendment is not effective until the
  559  Administration Commission enters a final order determining the
  560  adopted amendment to be in compliance.
  561         (f) Parties to a proceeding under this section may enter
  562  into compliance agreements using the process in s. 163.3184(16).
  563  Any remedial amendment adopted pursuant to a settlement
  564  agreement shall be provided to the agencies and governments
  565  listed in paragraph (7)(a).
  566         (10) Any development within the autonomous planning area
  567  must be consistent with the local comprehensive plan.
  568         (11) Local governments identified in s. 163.32465 may
  569  choose to operate under the provisions of this section upon
  570  application to the state land planning agency.
  571         Section 10. Section 163.3260, Florida Statutes, is created
  572  to read:
  573         163.3260Prohibition on duplication of local regulations.
  574  It is the intent of the Legislature to eliminate the duplication
  575  of regulatory authority in certain environmental reviews and
  576  permitting. A local government may not adopt any ordinance,
  577  regulation, rule, or policy for environmental reviews or
  578  environmental resource permitting if such reviews or permitting
  579  are already regulated by the Department of Environmental
  580  Protection or a water management district. The water management
  581  districts may not duplicate any environmental reviews or
  582  environmental resource permitting carried out by the Department
  583  of Environmental Protection.
  584         Section 11. Except as otherwise expressly provided in this
  585  act and except for this section, which shall take effect upon
  586  this act becoming a law, this act shall take effect July 1,
  587  2011.