Florida Senate - 2011                             CS for SB 1122
       
       
       
       By the Committee on Community Affairs; and Senator Bennett
       
       
       
       
       578-03176-11                                          20111122c1
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3161, F.S.; redesignating the “Local Government
    4         Comprehensive Planning and Land Development Regulation
    5         Act” as the “Community Planning Act”; revising and
    6         providing intent and purpose of act; amending
    7         s.163.3162, F.S.; redesignating the “Agricultural
    8         Lands and Practices Act” as the “Agricultural Lands
    9         and Practices” section; replacing presumption of
   10         consistency with rule 9J-5.006(5), Florida
   11         Administrative Code with presumption of not being
   12         urban sprawl as defined in s. 163.3164, F.S.; amending
   13         s. 163.3164, F.S.; revising and providing definitions
   14         relating to the Community Planning Act; amending s.
   15         163.3167, F.S.; revising scope of the act; removing
   16         regional planning agencies from responsibility to
   17         prepare comprehensive plans; prohibiting initiative or
   18         referendum processes in regard to development orders,
   19         local comprehensive plan amendments, and map
   20         amendments; prohibiting local governments from
   21         requiring a super majority vote on comprehensive plan
   22         amendments; deleting retroactive effect; creating s.
   23         163.3168, F.S.; encouraging local governments to apply
   24         for certain innovative planning tools; directing and
   25         authorizing the state land planning agency and other
   26         appropriate state and regional agencies to use direct
   27         and indirect technical assistance; amending s.
   28         163.3171, F.S.; providing legislative intent; removing
   29         the state land planning agency’s power to enter into
   30         joint local agreements; amending s. 163.3174, F.S.;
   31         deleting certain notice requirements relating to the
   32         establishment of local planning agencies by a
   33         governing body; amending s. 163.3177, F.S.; revising
   34         and providing duties of local governments; revising
   35         and providing required and optional elements of
   36         comprehensive plans; revising requirements of
   37         schedules of capital improvements; revising and
   38         providing provisions relating to capital improvements
   39         elements; revising major objectives of, and procedures
   40         relating to, the local comprehensive planning process;
   41         revising and providing required and optional elements
   42         of future land use plans; providing required
   43         transportation elements; revising and providing
   44         required sanitary sewer, solid waste, drainage,
   45         potable water, and natural groundwater aquifer
   46         recharge elements; revising and providing required
   47         conservation elements; revising and providing required
   48         housing elements; revising and providing required
   49         coastal management elements; revising and providing
   50         required intergovernmental coordination elements;
   51         removing optional comprehensive plan elements and
   52         related requirements and Legislative findings;
   53         amending s. 163.31777, F.S.; revising requirements
   54         relating to public schools’ interlocal agreements;
   55         deleting duties of the Office of Educational
   56         Facilities, the state land planning agency, and local
   57         governments relating to such agreements; deleting an
   58         exemption; amending s. 163.3178, F.S.; deleting
   59         authority for local governments to comply with rule
   60         9J-5.012(3)(b)6. and 7., Florida Administrative Code;
   61         amending s. 163.3180, F.S.; revising and providing
   62         provisions relating to concurrency; revising
   63         concurrency requirements; revising application and
   64         findings; revising local government requirements;
   65         revising and providing requirements relating to
   66         transportation concurrency, proportionate share,
   67         transportation concurrency exception areas, urban
   68         infill, urban redevelopment, urban service, downtown
   69         revitalization areas, transportation concurrency
   70         management areas, long-term transportation and school
   71         concurrency management systems, development of
   72         regional impact, school concurrency, service areas,
   73         financial feasibility, interlocal agreements, and
   74         multimodal transportation districts; removing duties
   75         of the Office of Program Policy Analysis, local
   76         governments, and the state land planning agency;
   77         providing requirements for local plans; limiting the
   78         liability of local governments under certain
   79         conditions; reenacting s. 163.31801(5), F.S., and
   80         amending s. 163.31801, F.S.; prohibiting new impact
   81         fees by local governments for a specified period of
   82         time; amending s. 163.3182, F.S.; revising the
   83         definition of the term “transportation concurrency
   84         backlog” to “transportation deficiency”; revising
   85         other definitions and provisions to conform; revising
   86         provisions relating to transportation deficiency
   87         plans; revising requirements for transportation
   88         sufficiency plans; amending s. 163.3184, F.S.;
   89         providing a definition for “reviewing agencies”;
   90         amending the definition of “in compliance”; providing
   91         requirements for comprehensive plans and plan
   92         amendments; providing exceptions; removing references
   93         to procedural rules established by the state land
   94         planning agency; deleting provisions relating to
   95         community vision and urban boundary plan amendments,
   96         urban infill and redevelopment plan amendments, and
   97         housing incentive strategy plan amendments; amending
   98         s. 163.3187, F.S.; deleting provisions relating to the
   99         amendment of adopted comprehensive plans; revising the
  100         process for adopting updated comprehensive plans by
  101         statute rather than administrative rule; amending s.
  102         163.3191, F.S., relating to the evaluation and
  103         appraisal of comprehensive plans; providing an
  104         exception for certain local governments; encouraging
  105         local governments to incorporate visioning; providing
  106         and revising local government requirements; removing
  107         regional planning councils and the state land planning
  108         agency from preparation of evaluation and appraisal
  109         reports; amending s. 163.3194, F.S.; regulating
  110         development orders for signs authorized by s. 479.07,
  111         F.S.; providing definitions; amending s. 163.3220,
  112         F.S.; conforming reference to the Community Planning
  113         Act; amending s. 163.3221, F.S.; conforming references
  114         to the Community Planning Act; amending s. 163.3229,
  115         F.S.; revising limitations on duration of development
  116         agreements; amending s. 163.3235, F.S.; revising
  117         requirements for periodic reviews of a development
  118         agreements; amending s. 163.3239, F.S.; revising
  119         recording requirements for development agreements;
  120         amending s. 163.3243, F.S.; removing the state land
  121         planning agency from parties who may file an action
  122         for injunctive relief; amending s. 163.3245, F.S.;
  123         revising provisions relating to optional sector plans;
  124         renaming ‘optional sector plans” as “sector plans”;
  125         removing state land planning agency involvement in
  126         approval of sector plans; authorizing the adoption of
  127         sector plans under certain circumstances; providing
  128         and revising local government requirements including
  129         notice, amendments, and scoping meetings; revising and
  130         providing elements of sector plans; providing
  131         guidelines for adoption of long-term master plans;
  132         repealing s. 163.3246, F.S., relating to local
  133         government comprehensive planning certification
  134         program; creating s. 163.3248, F.S.; providing for the
  135         designation of rural land stewardship areas; providing
  136         purposes and requirements for the establishment of
  137         such areas; providing for the creation of rural land
  138         stewardship overlay zoning district and transferable
  139         rural land use credits; providing certain limitation
  140         relating to such credits; providing for incentives;
  141         providing legislative intent; amending s. 163.32465,
  142         F.S.; revising legislative findings related to local
  143         government comprehensive planning; revising the
  144         process for amending a comprehensive plan; making the
  145         expedited review process applicable statewide and
  146         removing its status as a pilot program; revising the
  147         process and requirements for expedited review of plan
  148         amendments; amending ss. 163.360 and 163.516, F.S., to
  149         conform to changes made by the act; amending s.
  150         186.504, F.S.; revising membership requirements of
  151         regional planning councils; amending ss. 186.513,
  152         186.515, 189.415, 190.004, 190.005, 193.501, and
  153         287.042, F.S., to conform to changes made by the act;
  154         amending s. 288.063, F.S.; revising factors to be
  155         considered by the Office of tourism, Trade, and
  156         Economic Development in approving transportation
  157         projects for funding; amending ss. 288.975, 290.0475,
  158         311.07, and 331.319, F.S., to conform to changes made
  159         by the act; amending s. 339.155, F.S.; removing level
  160         of-service-standards requirements from additional
  161         transportation plans; amending s. 339.2819, F.S.;
  162         removing long-term concurrency management system from
  163         the Transportation Regional Incentive Program;
  164         amending s. 367.021, F.S.; providing definitions for
  165         the terms “large landowner” and “need”; amending s
  166         369.303, F.S., to conform to changes made by the act;
  167         amending s. 369.321, F.S.; removing reference to
  168         chapter 163 and chapter 9J-5, Florida Administrative
  169         Code, relating to Wekiva Study Area; amending ss.
  170         378.021 and 380.031, F.S., to conform to changes made
  171         by the act; amending s. 380.06, F.S.; revising
  172         exemptions relating to developments of regional
  173         impact; revising provisions to conform to changes made
  174         by this act; requiring the Office of Economic and
  175         Demographic Research within the Legislature to
  176         calculate and publish population density; amending ss.
  177         380.061, 380.065, 380.115, 403.50665, 420.9071,
  178         420.9076, 720.403, and 1013.33, F.S., to conform to
  179         changes made by the act; repealing rules 9J-5 and 9J
  180         11.023, Florida Administrative Code, relating to
  181         minimum criteria for review of local government
  182         comprehensive plans and plan amendments, evaluation
  183         and appraisal reports, land development regulations,
  184         and determinations of compliance; extending permits
  185         and other authorizations extended under s. 14 of
  186         chapter 2009-96, Laws of Florida; providing a finding
  187         that the act fulfills an important state interest;
  188         requiring the state land planning agency to review
  189         pending actions filed by the agency for consistency
  190         with part II of chapter 163, F.S.; providing
  191         instructions for the construing of the act; providing
  192         a directive to the Division of Statutory Revision;
  193         providing effective dates.
  194  
  195  Be It Enacted by the Legislature of the State of Florida:
  196  
  197         Section 1. Section 163.3161, Florida Statutes, is amended
  198  to read:
  199         163.3161 Short title; intent and purpose.—
  200         (1) This part shall be known and may be cited as the
  201  “Community Local Government Comprehensive Planning and Land
  202  Development Regulation Act.”
  203         (2) In conformity with, and in furtherance of, the purpose
  204  of the Florida Environmental Land and Water Management Act of
  205  1972, chapter 380, It is the purpose of this act to utilize and
  206  strengthen the existing role, processes, and powers of local
  207  governments in the establishment and implementation of
  208  comprehensive planning programs to guide and manage control
  209  future development consistent with the proper role of local
  210  government.
  211         (3) It is the intent of this act to focus the state role in
  212  managing growth under this act to protecting the functions of
  213  important state resources and facilities.
  214         (4)(3) It is the intent of this act that the ability of its
  215  adoption is necessary so that local governments to can preserve
  216  and enhance present advantages; encourage the most appropriate
  217  use of land, water, and resources, consistent with the public
  218  interest; overcome present handicaps; and deal effectively with
  219  future problems that may result from the use and development of
  220  land within their jurisdictions. Through the process of
  221  comprehensive planning, it is intended that units of local
  222  government can preserve, promote, protect, and improve the
  223  public health, safety, comfort, good order, appearance,
  224  convenience, law enforcement and fire prevention, and general
  225  welfare; prevent the overcrowding of land and avoid undue
  226  concentration of population; facilitate the adequate and
  227  efficient provision of transportation, water, sewerage, schools,
  228  parks, recreational facilities, housing, and other requirements
  229  and services; and conserve, develop, utilize, and protect
  230  natural resources within their jurisdictions.
  231         (5)(4) It is the intent of this act to encourage and ensure
  232  assure cooperation between and among municipalities and counties
  233  and to encourage and assure coordination of planning and
  234  development activities of units of local government with the
  235  planning activities of regional agencies and state government in
  236  accord with applicable provisions of law.
  237         (6)(5) It is the intent of this act that adopted
  238  comprehensive plans shall have the legal status set out in this
  239  act and that no public or private development shall be permitted
  240  except in conformity with comprehensive plans, or elements or
  241  portions thereof, prepared and adopted in conformity with this
  242  act.
  243         (7)(6) It is the intent of this act that the activities of
  244  units of local government in the preparation and adoption of
  245  comprehensive plans, or elements or portions therefor, shall be
  246  conducted in conformity with the provisions of this act.
  247         (8)(7) The provisions of this act in their interpretation
  248  and application are declared to be the minimum requirements
  249  necessary to accomplish the stated intent, purposes, and
  250  objectives of this act; to protect human, environmental, social,
  251  and economic resources; and to maintain, through orderly growth
  252  and development, the character and stability of present and
  253  future land use and development in this state.
  254         (9)(8) It is the intent of the Legislature that the repeal
  255  of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
  256  of Florida, and amendments to this part by this chapter law,
  257  shall not be interpreted to limit or restrict the powers of
  258  municipal or county officials, but shall be interpreted as a
  259  recognition of their broad statutory and constitutional powers
  260  to plan for and regulate the use of land. It is, further, the
  261  intent of the Legislature to reconfirm that ss. 163.3161 through
  262  163.3248 163.3215 have provided and do provide the necessary
  263  statutory direction and basis for municipal and county officials
  264  to carry out their comprehensive planning and land development
  265  regulation powers, duties, and responsibilities.
  266         (10)(9) It is the intent of the Legislature that all
  267  governmental entities in this state recognize and respect
  268  judicially acknowledged or constitutionally protected private
  269  property rights. It is the intent of the Legislature that all
  270  rules, ordinances, regulations, and programs adopted under the
  271  authority of this act must be developed, promulgated,
  272  implemented, and applied with sensitivity for private property
  273  rights and not be unduly restrictive, and property owners must
  274  be free from actions by others which would harm their property.
  275  Full and just compensation or other appropriate relief must be
  276  provided to any property owner for a governmental action that is
  277  determined to be an invalid exercise of the police power which
  278  constitutes a taking, as provided by law. Any such relief must
  279  be determined in a judicial action.
  280         (11) It is the intent of this part that the traditional
  281  economic base of this state, agriculture, tourism, and military
  282  presence, be recognized and protected. Further, it is the intent
  283  of this part to encourage economic diversification, workforce
  284  development, and community planning.
  285         Section 2. Subsections (2) through (5) of section 163.3162,
  286  Florida Statutes, are renumbered as subsections (1) through (4),
  287  respectively, and present subsections (1) and (5) of that
  288  section are amended to read:
  289         163.3162 Agricultural Lands and Practices Act.—
  290         (1) SHORT TITLE.—This section may be cited as the
  291  “Agricultural Lands and Practices Act.”
  292         (4)(5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.
  293  The owner of a parcel of land defined as an agricultural enclave
  294  under s. 163.3164(33) may apply for an amendment to the local
  295  government comprehensive plan pursuant to s. 163.3184 163.3187.
  296  Such amendment is presumed not to be urban sprawl as defined in
  297  s. 163.3164 if it includes consistent with rule 9J-5.006(5),
  298  Florida Administrative Code, and may include land uses and
  299  intensities of use that are consistent with the uses and
  300  intensities of use of the industrial, commercial, or residential
  301  areas that surround the parcel. This presumption may be rebutted
  302  by clear and convincing evidence. Each application for a
  303  comprehensive plan amendment under this subsection for a parcel
  304  larger than 640 acres must include appropriate new urbanism
  305  concepts such as clustering, mixed-use development, the creation
  306  of rural village and city centers, and the transfer of
  307  development rights in order to discourage urban sprawl while
  308  protecting landowner rights.
  309         (a) The local government and the owner of a parcel of land
  310  that is the subject of an application for an amendment shall
  311  have 180 days following the date that the local government
  312  receives a complete application to negotiate in good faith to
  313  reach consensus on the land uses and intensities of use that are
  314  consistent with the uses and intensities of use of the
  315  industrial, commercial, or residential areas that surround the
  316  parcel. Within 30 days after the local government’s receipt of
  317  such an application, the local government and owner must agree
  318  in writing to a schedule for information submittal, public
  319  hearings, negotiations, and final action on the amendment, which
  320  schedule may thereafter be altered only with the written consent
  321  of the local government and the owner. Compliance with the
  322  schedule in the written agreement constitutes good faith
  323  negotiations for purposes of paragraph (c).
  324         (b) Upon conclusion of good faith negotiations under
  325  paragraph (a), regardless of whether the local government and
  326  owner reach consensus on the land uses and intensities of use
  327  that are consistent with the uses and intensities of use of the
  328  industrial, commercial, or residential areas that surround the
  329  parcel, the amendment must be transmitted to the state land
  330  planning agency for review pursuant to s. 163.3184. If the local
  331  government fails to transmit the amendment within 180 days after
  332  receipt of a complete application, the amendment must be
  333  immediately transferred to the state land planning agency for
  334  such review at the first available transmittal cycle. A plan
  335  amendment transmitted to the state land planning agency
  336  submitted under this subsection is presumed not to be urban
  337  sprawl as defined in s. 163.3164 consistent with rule 9J
  338  5.006(5), Florida Administrative Code. This presumption may be
  339  rebutted by clear and convincing evidence.
  340         (c) If the owner fails to negotiate in good faith, a plan
  341  amendment submitted under this subsection is not entitled to the
  342  rebuttable presumption under this subsection in the negotiation
  343  and amendment process.
  344         (d) Nothing within this subsection relating to agricultural
  345  enclaves shall preempt or replace any protection currently
  346  existing for any property located within the boundaries of the
  347  following areas:
  348         1. The Wekiva Study Area, as described in s. 369.316; or
  349         2. The Everglades Protection Area, as defined in s.
  350  373.4592(2).
  351         Section 3. Section 163.3164, Florida Statutes, is amended
  352  to read:
  353         163.3164 Community Local Government Comprehensive Planning
  354  and Land Development Regulation Act; definitions.—As used in
  355  this act, the term:
  356         (1) “Administration Commission” means the Governor and the
  357  Cabinet, and for purposes of this chapter the commission shall
  358  act on a simple majority vote, except that for purposes of
  359  imposing the sanctions provided in s. 163.3184(11), affirmative
  360  action shall require the approval of the Governor and at least
  361  three other members of the commission.
  362         (2) “Affordable housing” has the same meaning as in s.
  363  420.0004(3).
  364         (4) “Antiquated subdivision” means a subdivision that was
  365  recorded or approved more than 20 years ago and that has
  366  substantially failed to be built and the continued buildout of
  367  the subdivision in accordance with the subdivision’s zoning and
  368  land use purposes would cause an imbalance of land uses and
  369  would be detrimental to the local and regional economies and
  370  environment, hinder current planning practices, and lead to
  371  inefficient and fiscally irresponsible development patterns as
  372  determined by the respective jurisdiction in which the
  373  subdivision is located.
  374         (5)(2) “Area” or “area of jurisdiction” means the total
  375  area qualifying under the provisions of this act, whether this
  376  be all of the lands lying within the limits of an incorporated
  377  municipality, lands in and adjacent to incorporated
  378  municipalities, all unincorporated lands within a county, or
  379  areas comprising combinations of the lands in incorporated
  380  municipalities and unincorporated areas of counties.
  381         (6) “Capital improvement” means physical assets constructed
  382  or purchased to provide, improve, or replace a public facility
  383  and which are typically large scale and high in cost. The cost
  384  of a capital improvement is generally nonrecurring and may
  385  require multiyear financing. For the purposes of this part,
  386  physical assets that have been identified as existing or
  387  projected needs in the individual comprehensive plan elements
  388  shall be considered capital improvements.
  389         (7)(3) “Coastal area” means the 35 coastal counties and all
  390  coastal municipalities within their boundaries designated
  391  coastal by the state land planning agency.
  392         (8) “Compatibility” means a condition in which land uses or
  393  conditions can coexist in relative proximity to each other in a
  394  stable fashion over time such that no use or condition is unduly
  395  negatively impacted directly or indirectly by another use or
  396  condition.
  397         (9)(4) “Comprehensive plan” means a plan that meets the
  398  requirements of ss. 163.3177 and 163.3178.
  399         (10) “Deepwater ports” means the ports identified in s.
  400  403.021(9).
  401         (11) “Density” means an objective measurement of the number
  402  of people or residential units allowed per unit of land, such as
  403  residents or employees per acre.
  404         (12)(5) “Developer” means any person, including a
  405  governmental agency, undertaking any development as defined in
  406  this act.
  407         (13)(6) “Development” has the same meaning as given it in
  408  s. 380.04.
  409         (14)(7) “Development order” means any order granting,
  410  denying, or granting with conditions an application for a
  411  development permit.
  412         (15)(8) “Development permit” includes any building permit,
  413  zoning permit, subdivision approval, rezoning, certification,
  414  special exception, variance, or any other official action of
  415  local government having the effect of permitting the development
  416  of land.
  417         (18) “Floodprone areas” means areas inundated during a 100
  418  year flood event or areas identified by the National Flood
  419  Insurance Program as an A Zone on flood insurance rate maps or
  420  flood hazard boundary maps.
  421         (19) “Goal” means the long-term end toward which programs
  422  or activities are ultimately directed.
  423         (20)(9) “Governing body” means the board of county
  424  commissioners of a county, the commission or council of an
  425  incorporated municipality, or any other chief governing body of
  426  a unit of local government, however designated, or the
  427  combination of such bodies where joint utilization of the
  428  provisions of this act is accomplished as provided herein.
  429         (21)(10) “Governmental agency” means:
  430         (a) The United States or any department, commission,
  431  agency, or other instrumentality thereof.
  432         (b) This state or any department, commission, agency, or
  433  other instrumentality thereof.
  434         (c) Any local government, as defined in this section, or
  435  any department, commission, agency, or other instrumentality
  436  thereof.
  437         (d) Any school board or other special district, authority,
  438  or governmental entity.
  439         (22) “Intensity” means an objective measurement of the
  440  extent to which land may be developed or used, including the
  441  consumption or use of the space above, on, or below ground; the
  442  measurement of the use of or demand on natural resources; and
  443  the measurement of the use of or demand on facilities and
  444  services.
  445         (23) “Internal trip capture” means trips generated by a
  446  mixed-use project which travel from one on-site land use to
  447  another on-site land use without using the external road
  448  network.
  449         (24)(11) “Land” means the earth, water, and air, above,
  450  below, or on the surface, and includes any improvements or
  451  structures customarily regarded as land.
  452         (27)(12) “Land use” means the development that has occurred
  453  on the land, the development that is proposed by a developer on
  454  the land, or the use that is permitted or permissible on the
  455  land under an adopted comprehensive plan or element or portion
  456  thereof, land development regulations, or a land development
  457  code, as the context may indicate.
  458         (28) “Level of service” means an indicator of the extent or
  459  degree of service provided by, or proposed to be provided by, a
  460  facility based on and related to the operational characteristics
  461  of the facility. Level of service shall indicate the capacity
  462  per unit of demand for each public facility.
  463         (29)(13) “Local government” means any county or
  464  municipality.
  465         (30)(14) “Local planning agency” means the agency
  466  designated to prepare the comprehensive plan or plan amendments
  467  required by this act.
  468         (31) “Mobility plan” means an integrated land use and
  469  transportation plan that promotes compact, mixed-use, and
  470  interconnected development served by a multimodal transportation
  471  system that includes roads, bicycle and pedestrian facilities,
  472  and, where feasible and appropriate, frequent transit and rail
  473  service, to provide individuals with viable transportation
  474  options without sole reliance upon a motor vehicle for personal
  475  mobility.
  476         (32)(15)A “Newspaper of general circulation” means a
  477  newspaper published at least on a weekly basis and printed in
  478  the language most commonly spoken in the area within which it
  479  circulates, but does not include a newspaper intended primarily
  480  for members of a particular professional or occupational group,
  481  a newspaper whose primary function is to carry legal notices, or
  482  a newspaper that is given away primarily to distribute
  483  advertising.
  484         (33) “New town” means an urban activity center and
  485  community designated on the future land use map of sufficient
  486  size, population and land use composition to support a variety
  487  of economic and social activities consistent with an urban area
  488  designation. New towns shall include basic economic activities;
  489  all major land use categories, with the possible exception of
  490  agricultural and industrial; and a centrally provided full range
  491  of public facilities and services that demonstrate internal trip
  492  capture. A new town shall be based on a master development plan.
  493         (34) “Objective” means a specific, measurable, intermediate
  494  end that is achievable and marks progress toward a goal.
  495         (35)(16) “Parcel of land” means any quantity of land
  496  capable of being described with such definiteness that its
  497  locations and boundaries may be established, which is designated
  498  by its owner or developer as land to be used, or developed as, a
  499  unit or which has been used or developed as a unit.
  500         (36)(17) “Person” means an individual, corporation,
  501  governmental agency, business trust, estate, trust, partnership,
  502  association, two or more persons having a joint or common
  503  interest, or any other legal entity.
  504         (37) “Policy” means the way in which programs and
  505  activities are conducted to achieve an identified goal.
  506         (40)(18) “Public notice” means notice as required by s.
  507  125.66(2) for a county or by s. 166.041(3)(a) for a
  508  municipality. The public notice procedures required in this part
  509  are established as minimum public notice procedures.
  510         (41)(19) “Regional planning agency” means the council
  511  created pursuant to chapter 186 agency designated by the state
  512  land planning agency to exercise responsibilities under law in a
  513  particular region of the state.
  514         (42) “Seasonal population” means part-time inhabitants who
  515  use, or may be expected to use, public facilities or services,
  516  but are not residents and includes tourists, migrant
  517  farmworkers, and other short-term and long-term visitors.
  518         (44)(20) “State land planning agency” means the Department
  519  of Community Affairs.
  520         (45)(21) “Structure” has the same meaning as in given it by
  521  s. 380.031(19).
  522         (46) “Suitability” means the degree to which the existing
  523  characteristics and limitations of land and water are compatible
  524  with a proposed use or development.
  525         (47) “Transit-oriented development” means a project or
  526  projects, in areas identified in a local government
  527  comprehensive plan, which are or will be served by existing or
  528  planned transit service. These designated areas shall be
  529  compact, moderate to high density developments, of mixed-use
  530  character, interconnected with other land uses, bicycle and
  531  pedestrian friendly, and designed to support frequent transit
  532  service operating through, collectively or separately, rail,
  533  fixed guideway, streetcar, or bus systems on dedicated
  534  facilities or available roadway connections.
  535         (25)(22) “Land development regulation commission” means a
  536  commission designated by a local government to develop and
  537  recommend, to the local governing body, land development
  538  regulations that which implement the adopted comprehensive plan
  539  and to review land development regulations, or amendments
  540  thereto, for consistency with the adopted plan and report to the
  541  governing body regarding its findings. The responsibilities of
  542  the land development regulation commission may be performed by
  543  the local planning agency.
  544         (26)(23) “Land development regulations” means ordinances
  545  enacted by governing bodies for the regulation of any aspect of
  546  development and includes any local government zoning, rezoning,
  547  subdivision, building construction, or sign regulations or any
  548  other regulations controlling the development of land, except
  549  that this definition shall not apply in s. 163.3213.
  550         (39)(24) “Public facilities” means major capital
  551  improvements, including, but not limited to, transportation,
  552  sanitary sewer, solid waste, drainage, potable water,
  553  educational, parks and recreational, and health systems and
  554  facilities, and spoil disposal sites for maintenance dredging
  555  located in the intracoastal waterways, except for spoil disposal
  556  sites owned or used by ports listed in s. 403.021(9)(b).
  557         (16)(25) “Downtown revitalization” means the physical and
  558  economic renewal of a central business district of a community
  559  as designated by local government, and includes both downtown
  560  development and redevelopment.
  561         (50)(26) “Urban redevelopment” means demolition and
  562  reconstruction or substantial renovation of existing buildings
  563  or infrastructure within urban infill areas, existing urban
  564  service areas, or community redevelopment areas created pursuant
  565  to part III.
  566         (49)(27) “Urban infill” means the development of vacant
  567  parcels in otherwise built-up areas where public facilities such
  568  as sewer systems, roads, schools, and recreation areas are
  569  already in place and the average residential density is at least
  570  five dwelling units per acre, the average nonresidential
  571  intensity is at least a floor area ratio of 1.0 and vacant,
  572  developable land does not constitute more than 10 percent of the
  573  area.
  574         (38)(28) “Projects that promote public transportation”
  575  means projects that directly affect the provisions of public
  576  transit, including transit terminals, transit lines and routes,
  577  separate lanes for the exclusive use of public transit services,
  578  transit stops (shelters and stations), office buildings or
  579  projects that include fixed-rail or transit terminals as part of
  580  the building, and projects that which are transit oriented and
  581  designed to complement reasonably proximate planned or existing
  582  public facilities.
  583         (51)(29) “Urban service area” means built-up areas where
  584  public facilities and services, including, but not limited to,
  585  central water and sewer capacity and roads, are already in place
  586  or are committed in the first 3 years of the capital improvement
  587  schedule. Urban service area includes any areas identified in
  588  the comprehensive plan as urban service areas, regardless of
  589  local government limitation. In addition, for counties that
  590  qualify as dense urban land areas under subsection (34), the
  591  nonrural area of a county which has adopted into the county
  592  charter a rural area designation or areas identified in the
  593  comprehensive plan as urban service areas or urban growth
  594  boundaries on or before July 1, 2009, are also urban service
  595  areas under this definition.
  596         (52) “Urban sprawl” means a development pattern
  597  characterized by low density, automobile-dependent development
  598  with either a single use or multiple uses that are not
  599  functionally related, requiring the extension of public
  600  facilities and services in an inefficient manner, and failing to
  601  provide a clear separation between urban and rural uses.
  602         (48)(30) “Transportation corridor management” means the
  603  coordination of the planning of designated future transportation
  604  corridors with land use planning within and adjacent to the
  605  corridor to promote orderly growth, to meet the concurrency
  606  requirements of this chapter, and to maintain the integrity of
  607  the corridor for transportation purposes.
  608         (43)(31) “Optional Sector plan” means the an optional
  609  process authorized by s. 163.3245 in which one or more local
  610  governments engage in long-term planning for a large area and by
  611  agreement with the state land planning agency are allowed to
  612  address regional development-of-regional-impact issues through
  613  adoption of detailed specific area plans within the planning
  614  area within certain designated geographic areas identified in
  615  the local comprehensive plan as a means of fostering innovative
  616  planning and development strategies in s. 163.3177(11)(a) and
  617  (b), furthering the purposes of this part and part I of chapter
  618  380, reducing overlapping data and analysis requirements,
  619  protecting regionally significant resources and facilities, and
  620  addressing extrajurisdictional impacts. “Sector plan” includes
  621  an optional sector plan that was adopted pursuant to the
  622  Optional Sector Plan Pilot Program.
  623         (17)(32) “Financial feasibility” means that sufficient
  624  revenues are currently available or will be available from
  625  committed funding sources of any local government for the first
  626  3 years, or will be available from committed or planned funding
  627  sources for years 4 through 10, of a 10-year and 5, of a 5-year
  628  capital improvement schedule for financing capital improvements,
  629  such as ad valorem taxes, bonds, state and federal funds, tax
  630  revenues, impact fees, and developer contributions, which are
  631  adequate to fund the projected costs of the capital improvements
  632  identified in the comprehensive plan necessary to ensure that
  633  adopted level-of-service standards are achieved and maintained
  634  within the period covered by the 5-year schedule of capital
  635  improvements. A comprehensive plan shall be deemed financially
  636  feasible for transportation and school facilities throughout the
  637  planning period addressed by the capital improvements schedule
  638  if it can be demonstrated that the level-of-service standards
  639  will be achieved and maintained by the end of the planning
  640  period even if in a particular year such improvements are not
  641  concurrent as required by s. 163.3180.
  642         (3)(33) “Agricultural enclave” means an unincorporated,
  643  undeveloped parcel that:
  644         (a) Is owned by a single person or entity;
  645         (b) Has been in continuous use for bona fide agricultural
  646  purposes, as defined by s. 193.461, for a period of 5 years
  647  prior to the date of any comprehensive plan amendment
  648  application;
  649         (c) Is surrounded on at least 75 percent of its perimeter
  650  by:
  651         1. Property that has existing industrial, commercial, or
  652  residential development; or
  653         2. Property that the local government has designated, in
  654  the local government’s comprehensive plan, zoning map, and
  655  future land use map, as land that is to be developed for
  656  industrial, commercial, or residential purposes, and at least 75
  657  percent of such property is existing industrial, commercial, or
  658  residential development;
  659         (d) Has public services, including water, wastewater,
  660  transportation, schools, and recreation facilities, available or
  661  such public services are scheduled in the capital improvement
  662  element to be provided by the local government or can be
  663  provided by an alternative provider of local government
  664  infrastructure in order to ensure consistency with applicable
  665  concurrency provisions of s. 163.3180; and
  666         (e) Does not exceed 1,280 acres; however, if the property
  667  is surrounded by existing or authorized residential development
  668  that will result in a density at buildout of at least 1,000
  669  residents per square mile, then the area shall be determined to
  670  be urban and the parcel may not exceed 4,480 acres.
  671         (34) “Dense urban land area” means:
  672         (a) A municipality that has an average of at least 1,000
  673  people per square mile of land area and a minimum total
  674  population of at least 5,000;
  675         (b) A county, including the municipalities located therein,
  676  which has an average of at least 1,000 people per square mile of
  677  land area; or
  678         (c) A county, including the municipalities located therein,
  679  which has a population of at least 1 million.
  680  
  681  The Office of Economic and Demographic Research within the
  682  Legislature shall annually calculate the population and density
  683  criteria needed to determine which jurisdictions qualify as
  684  dense urban land areas by using the most recent land area data
  685  from the decennial census conducted by the Bureau of the Census
  686  of the United States Department of Commerce and the latest
  687  available population estimates determined pursuant to s.
  688  186.901. If any local government has had an annexation,
  689  contraction, or new incorporation, the Office of Economic and
  690  Demographic Research shall determine the population density
  691  using the new jurisdictional boundaries as recorded in
  692  accordance with s. 171.091. The Office of Economic and
  693  Demographic Research shall submit to the state land planning
  694  agency a list of jurisdictions that meet the total population
  695  and density criteria necessary for designation as a dense urban
  696  land area by July 1, 2009, and every year thereafter. The state
  697  land planning agency shall publish the list of jurisdictions on
  698  its Internet website within 7 days after the list is received.
  699  The designation of jurisdictions that qualify or do not qualify
  700  as a dense urban land area is effective upon publication on the
  701  state land planning agency’s Internet website.
  702         Section 4. Section 163.3167, Florida Statutes, is amended
  703  to read:
  704         163.3167 Scope of act.—
  705         (1) The several incorporated municipalities and counties
  706  shall have power and responsibility:
  707         (a) To plan for their future development and growth.
  708         (b) To adopt and amend comprehensive plans, or elements or
  709  portions thereof, to guide their future development and growth.
  710         (c) To implement adopted or amended comprehensive plans by
  711  the adoption of appropriate land development regulations or
  712  elements thereof.
  713         (d) To establish, support, and maintain administrative
  714  instruments and procedures to carry out the provisions and
  715  purposes of this act.
  716  
  717  The powers and authority set out in this act may be employed by
  718  municipalities and counties individually or jointly by mutual
  719  agreement in accord with the provisions of this act and in such
  720  combinations as their common interests may dictate and require.
  721         (2) Each local government shall maintain prepare a
  722  comprehensive plan of the type and in the manner set out in this
  723  part or prepare amendments to its existing comprehensive plan to
  724  conform it to the requirements of this part and in the manner
  725  set out in this part. In accordance with s. 163.3184, each local
  726  government shall submit to the state land planning agency its
  727  complete proposed comprehensive plan or its complete
  728  comprehensive plan as proposed to be amended.
  729         (3) When a local government has not prepared all of the
  730  required elements or has not amended its plan as required by
  731  subsection (2), the regional planning agency having
  732  responsibility for the area in which the local government lies
  733  shall prepare and adopt by rule, pursuant to chapter 120, the
  734  missing elements or adopt by rule amendments to the existing
  735  plan in accordance with this act by July 1, 1989, or within 1
  736  year after the dates specified or provided in subsection (2) and
  737  the state land planning agency review schedule, whichever is
  738  later. The regional planning agency shall provide at least 90
  739  days’ written notice to any local government whose plan it is
  740  required by this subsection to prepare, prior to initiating the
  741  planning process. At least 90 days before the adoption by the
  742  regional planning agency of a comprehensive plan, or element or
  743  portion thereof, pursuant to this subsection, the regional
  744  planning agency shall transmit a copy of the proposed
  745  comprehensive plan, or element or portion thereof, to the local
  746  government and the state land planning agency for written
  747  comment. The state land planning agency shall review and comment
  748  on such plan, or element or portion thereof, in accordance with
  749  s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
  750  applicable to the regional planning agency as if it were a
  751  governing body. Existing comprehensive plans shall remain in
  752  effect until they are amended pursuant to subsection (2), this
  753  subsection, s. 163.3187, or s. 163.3189.
  754         (3)(4) A municipality established after the effective date
  755  of this act shall, within 1 year after incorporation, establish
  756  a local planning agency, pursuant to s. 163.3174, and prepare
  757  and adopt a comprehensive plan of the type and in the manner set
  758  out in this act within 3 years after the date of such
  759  incorporation. A county comprehensive plan shall be deemed
  760  controlling until the municipality adopts a comprehensive plan
  761  in accord with the provisions of this act. If, upon the
  762  expiration of the 3-year time limit, the municipality has not
  763  adopted a comprehensive plan, the regional planning agency shall
  764  prepare and adopt a comprehensive plan for such municipality.
  765         (4)(5) Any comprehensive plan, or element or portion
  766  thereof, adopted pursuant to the provisions of this act, which
  767  but for its adoption after the deadlines established pursuant to
  768  previous versions of this act would have been valid, shall be
  769  valid.
  770         (6) When a regional planning agency is required to prepare
  771  or amend a comprehensive plan, or element or portion thereof,
  772  pursuant to subsections (3) and (4), the regional planning
  773  agency and the local government may agree to a method of
  774  compensating the regional planning agency for any verifiable,
  775  direct costs incurred. If an agreement is not reached within 6
  776  months after the date the regional planning agency assumes
  777  planning responsibilities for the local government pursuant to
  778  subsections (3) and (4) or by the time the plan or element, or
  779  portion thereof, is completed, whichever is earlier, the
  780  regional planning agency shall file invoices for verifiable,
  781  direct costs involved with the governing body. Upon the failure
  782  of the local government to pay such invoices within 90 days, the
  783  regional planning agency may, upon filing proper vouchers with
  784  the Chief Financial Officer, request payment by the Chief
  785  Financial Officer from unencumbered revenue or other tax sharing
  786  funds due such local government from the state for work actually
  787  performed, and the Chief Financial Officer shall pay such
  788  vouchers; however, the amount of such payment shall not exceed
  789  50 percent of such funds due such local government in any one
  790  year.
  791         (7) A local government that is being requested to pay costs
  792  may seek an administrative hearing pursuant to ss. 120.569 and
  793  120.57 to challenge the amount of costs and to determine if the
  794  statutory prerequisites for payment have been complied with.
  795  Final agency action shall be taken by the state land planning
  796  agency. Payment shall be withheld as to disputed amounts until
  797  proceedings under this subsection have been completed.
  798         (5)(8) Nothing in this act shall limit or modify the rights
  799  of any person to complete any development that has been
  800  authorized as a development of regional impact pursuant to
  801  chapter 380 or who has been issued a final local development
  802  order and development has commenced and is continuing in good
  803  faith.
  804         (6)(9) The Reedy Creek Improvement District shall exercise
  805  the authority of this part as it applies to municipalities,
  806  consistent with the legislative act under which it was
  807  established, for the total area under its jurisdiction.
  808         (7)(10) Nothing in this part shall supersede any provision
  809  of ss. 341.8201-341.842.
  810         (8)(11) Each local government is encouraged to articulate a
  811  vision of the future physical appearance and qualities of its
  812  community as a component of its local comprehensive plan. The
  813  vision should be developed through a collaborative planning
  814  process with meaningful public participation and shall be
  815  adopted by the governing body of the jurisdiction. Neighboring
  816  communities, especially those sharing natural resources or
  817  physical or economic infrastructure, are encouraged to create
  818  collective visions for greater-than-local areas. Such collective
  819  visions shall apply in each city or county only to the extent
  820  that each local government chooses to make them applicable. The
  821  state land planning agency shall serve as a clearinghouse for
  822  creating a community vision of the future and may utilize the
  823  Growth Management Trust Fund, created by s. 186.911, to provide
  824  grants to help pay the costs of local visioning programs. When a
  825  local vision of the future has been created, a local government
  826  should review its comprehensive plan, land development
  827  regulations, and capital improvement program to ensure that
  828  these instruments will help to move the community toward its
  829  vision in a manner consistent with this act and with the state
  830  comprehensive plan. A local or regional vision must be
  831  consistent with the state vision, when adopted, and be
  832  internally consistent with the local or regional plan of which
  833  it is a component. The state land planning agency shall not
  834  adopt minimum criteria for evaluating or judging the form or
  835  content of a local or regional vision.
  836         (9)(12) An initiative or referendum process in regard to
  837  any development order or in regard to any local comprehensive
  838  plan amendment or map amendment that affects five or fewer
  839  parcels of land is prohibited. A local government may not adopt
  840  any super majority voting requirement for the adoption of
  841  amendments to the comprehensive plan.
  842         (10)(13) Each local government shall address in its
  843  comprehensive plan, as enumerated in this chapter, the water
  844  supply sources necessary to meet and achieve the existing and
  845  projected water use demand for the established planning period,
  846  considering the applicable plan developed pursuant to s.
  847  373.709.
  848         (11)(14)(a) If a local government grants a development
  849  order pursuant to its adopted land development regulations and
  850  the order is not the subject of a pending appeal and the
  851  timeframe for filing an appeal has expired, the development
  852  order may not be invalidated by a subsequent judicial
  853  determination that such land development regulations, or any
  854  portion thereof that is relevant to the development order, are
  855  invalid because of a deficiency in the approval standards.
  856         (b) This subsection does not preclude or affect the timely
  857  institution of any other remedy available at law or equity,
  858  including a common law writ of certiorari proceeding pursuant to
  859  Rule 9.190, Florida Rules of Appellate Procedure, or an original
  860  proceeding pursuant to s. 163.3215, as applicable.
  861         (c) This subsection applies retroactively to any
  862  development order granted on or after January 1, 2002.
  863         Section 5. Section 163.3168, Florida Statutes, is created
  864  to read:
  865         163.3168 Planning innovations and technical assistance.—
  866         (1) The Legislature recognizes the need for innovative
  867  planning and development strategies to promote a diverse economy
  868  and vibrant rural and urban communities, while protecting
  869  environmentally sensitive areas. The Legislature further
  870  recognizes the substantial advantages of innovative approaches
  871  to development directed to meet the needs of urban, rural, and
  872  suburban areas.
  873         (2) Local governments are encouraged to apply innovative
  874  planning tools, including, but not limited to, visioning, sector
  875  planning, and rural land stewardship area designations to
  876  address future new development areas, urban service area
  877  designations, urban growth boundaries, and mixed-use, high
  878  density development in urban areas.
  879         (3) The state land planning agency shall help communities
  880  find creative solutions to fostering vibrant, healthy
  881  communities, while protecting the functions of important state
  882  resources and facilities. The state land planning agency and all
  883  other appropriate state and regional agencies may use various
  884  means to provide direct and indirect technical assistance within
  885  available resources. If plan amendments may adversely impact
  886  important state resources or facilities, upon request by the
  887  local government, the state land planning agency shall
  888  coordinate multiagency assistance, if needed, in developing an
  889  amendment to minimize impacts on such resources or facilities.
  890         Section 6. Subsection (4) of section 163.3171, Florida
  891  Statutes, is amended to read:
  892         163.3171 Areas of authority under this act.—
  893         (4) The state land planning agency and a Local governments
  894  may government shall have the power to enter into agreements
  895  with each other and to agree together to enter into agreements
  896  with a landowner, developer, or governmental agency as may be
  897  necessary or desirable to effectuate the provisions and purposes
  898  of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
  899  and 163.3248. It is the Legislature’s intent that joint
  900  agreements entered into under the authority of this section be
  901  liberally, broadly, and flexibly construed to facilitate
  902  intergovernmental cooperation between cities and counties and to
  903  encourage planning in advance of jurisdictional changes. Joint
  904  agreements, executed before or after the effective date of this
  905  act, include, but are not limited to, agreements that
  906  contemplate municipal adoption of plans or plan amendments for
  907  lands in advance of annexation of such lands into the
  908  municipality, and may permit municipalities and counties to
  909  exercise nonexclusive extrajurisdictional authority within
  910  incorporated and unincorporated areas. The state land planning
  911  agency shall not have authority to interpret, invalidate, or
  912  declare inoperative such joint agreements, and the validity of
  913  joint agreements may not be a basis for finding plans or plan
  914  amendments not in compliance pursuant to the provisions of
  915  chapter law.
  916         Section 7. Subsection (1) of section 163.3174, Florida
  917  Statutes, is amended to read:
  918         163.3174 Local planning agency.—
  919         (1) The governing body of each local government,
  920  individually or in combination as provided in s. 163.3171, shall
  921  designate and by ordinance establish a “local planning agency,”
  922  unless the agency is otherwise established by law.
  923  Notwithstanding any special act to the contrary, all local
  924  planning agencies or equivalent agencies that first review
  925  rezoning and comprehensive plan amendments in each municipality
  926  and county shall include a representative of the school district
  927  appointed by the school board as a nonvoting member of the local
  928  planning agency or equivalent agency to attend those meetings at
  929  which the agency considers comprehensive plan amendments and
  930  rezonings that would, if approved, increase residential density
  931  on the property that is the subject of the application. However,
  932  this subsection does not prevent the governing body of the local
  933  government from granting voting status to the school board
  934  member. The governing body may designate itself as the local
  935  planning agency pursuant to this subsection with the addition of
  936  a nonvoting school board representative. The governing body
  937  shall notify the state land planning agency of the establishment
  938  of its local planning agency. All local planning agencies shall
  939  provide opportunities for involvement by applicable community
  940  college boards, which may be accomplished by formal
  941  representation, membership on technical advisory committees, or
  942  other appropriate means. The local planning agency shall prepare
  943  the comprehensive plan or plan amendment after hearings to be
  944  held after public notice and shall make recommendations to the
  945  governing body regarding the adoption or amendment of the plan.
  946  The agency may be a local planning commission, the planning
  947  department of the local government, or other instrumentality,
  948  including a countywide planning entity established by special
  949  act or a council of local government officials created pursuant
  950  to s. 163.02, provided the composition of the council is fairly
  951  representative of all the governing bodies in the county or
  952  planning area; however:
  953         (a) If a joint planning entity is in existence on the
  954  effective date of this act which authorizes the governing bodies
  955  to adopt and enforce a land use plan effective throughout the
  956  joint planning area, that entity shall be the agency for those
  957  local governments until such time as the authority of the joint
  958  planning entity is modified by law.
  959         (b) In the case of chartered counties, the planning
  960  responsibility between the county and the several municipalities
  961  therein shall be as stipulated in the charter.
  962         Section 8. Section 163.3177, Florida Statutes, is amended
  963  to read:
  964         163.3177 Required and optional elements of comprehensive
  965  plan; studies and surveys.—
  966         (1) The comprehensive plan shall provide the consist of
  967  materials in such descriptive form, written or graphic, as may
  968  be appropriate to the prescription of principles, guidelines,
  969  and standards, and strategies for the orderly and balanced
  970  future economic, social, physical, environmental, and fiscal
  971  development of the area that reflects community commitments to
  972  implement the plan and its elements. These principles and
  973  strategies shall guide future decisions in a consistent manner
  974  and shall contain programs and activities to ensure
  975  comprehensive plans are implemented. The sections of the
  976  comprehensive plan containing the principles and strategies,
  977  generally provided as goals, objectives, and policies, shall
  978  describe how the local government’s programs, activities, and
  979  land development regulations will be initiated, modified, or
  980  continued to implement the comprehensive plan in a consistent
  981  manner. It is not the intent of this part to require the
  982  inclusion of implementing regulations in the comprehensive plan
  983  but rather to require identification of those programs,
  984  activities, and land development regulations that will be part
  985  of the strategy for implementing the comprehensive plan and the
  986  principles that describe how the programs, activities, and land
  987  development regulations will be carried out. The plan shall
  988  establish meaningful and predictable standards for the use and
  989  development of land and provide meaningful guidelines for the
  990  content of more detailed land development and use regulations.
  991         (a) The comprehensive plan shall consist of elements as
  992  described in this section, and may include optional elements.
  993         (b) A local government may include, as part of its adopted
  994  plan, documents adopted by reference but not incorporated
  995  verbatim into the plan. The adoption by reference must identify
  996  the title and author of the document and indicate clearly what
  997  provisions and edition of the document is being adopted.
  998         (c) The format of these principles and guidelines is at the
  999  discretion of the local government, but typically is expressed
 1000  in goals, objectives, policies, and strategies.
 1001         (d) Proposed elements shall identify procedures for
 1002  monitoring, evaluating, and appraising implementation of the
 1003  plan.
 1004         (e) When a federal, state, or regional agency has
 1005  implemented a regulatory program, a local government is not
 1006  required to duplicate or exceed that regulatory program in its
 1007  local comprehensive plan.
 1008         (f) All mandatory and optional elements of the
 1009  comprehensive plan and plan amendments shall be based upon a
 1010  justification by the local government that may include, but not
 1011  be limited to, surveys, studies, community goals and vision, and
 1012  other data available at the time of adoption of the
 1013  comprehensive plan or plan amendment. To be based on data means
 1014  to react to it in an appropriate way and to the extent necessary
 1015  indicated by the data available on that particular subject at
 1016  the time of adoption of the plan or plan amendment at issue.
 1017         1. Surveys, studies, and data utilized in the preparation
 1018  of the comprehensive plan shall not be deemed a part of the
 1019  comprehensive plan unless adopted as a part of it. Copies of
 1020  such studies, surveys, data, and supporting documents shall be
 1021  made available for public inspection, and copies of such plans
 1022  shall be made available to the public upon payment of reasonable
 1023  charges for reproduction. Support data or summaries shall not be
 1024  subject to the compliance review process, but the comprehensive
 1025  plan must be clearly based on appropriate data. Support data or
 1026  summaries may be used to aid in the determination of compliance
 1027  and consistency.
 1028         2. Data must be taken from professionally accepted sources.
 1029  The application of a methodology utilized in data collection or
 1030  whether a particular methodology is professionally accepted may
 1031  be evaluated. However, the evaluation shall not include whether
 1032  one accepted methodology is better than another. Original data
 1033  collection by local governments is not required. However, local
 1034  governments may use original data so long as methodologies are
 1035  professionally accepted.
 1036         3. The comprehensive plan shall be based upon resident and
 1037  seasonal population estimates and projections, which shall
 1038  either be those provided by the University of Florida’s Bureaus
 1039  of Economic and Business Research or generated by the local
 1040  government based upon a professionally acceptable methodology. 
 1041  The plan must be based on at least the minimum amount of land
 1042  required to accommodate the medium projections of the University
 1043  of Florida’s Bureau of Economic and Business Research unless
 1044  otherwise limited under s. 380.05 including related rules of the
 1045  Administration Commission.
 1046         (2) Coordination of the several elements of the local
 1047  comprehensive plan shall be a major objective of the planning
 1048  process. The several elements of the comprehensive plan shall be
 1049  consistent, and the comprehensive plan shall be financially
 1050  feasible. Financial feasibility shall be determined using
 1051  professionally accepted methodologies and applies to the 5-year
 1052  planning period, except in the case of a long-term
 1053  transportation or school concurrency management system, in which
 1054  case a 10-year or 15-year period applies. Where data is relevant
 1055  to several elements, consistent data shall be used, including
 1056  population estimates and projections unless alternative data can
 1057  be justified for a plan amendment through new supporting data
 1058  and analysis. Each map depicting future conditions must reflect
 1059  the principles, guidelines, and standards within all elements
 1060  and each such map must be contained within the comprehensive
 1061  plan.
 1062         (3)(a) The comprehensive plan shall contain a capital
 1063  improvements element designed to consider the need for and the
 1064  location of public facilities in order to encourage the
 1065  efficient use of such facilities and set forth:
 1066         1. A component that outlines principles for construction,
 1067  extension, or increase in capacity of public facilities, as well
 1068  as a component that outlines principles for correcting existing
 1069  public facility deficiencies, which are necessary to implement
 1070  the comprehensive plan. The components shall cover at least a 5
 1071  year period.
 1072         2. Estimated public facility costs, including a delineation
 1073  of when facilities will be needed, the general location of the
 1074  facilities, and projected revenue sources to fund the
 1075  facilities.
 1076         3. Standards to ensure the availability of public
 1077  facilities and the adequacy of those facilities including
 1078  acceptable levels of service.
 1079         4. Standards for the management of debt.
 1080         5. A schedule of capital improvements which includes any
 1081  project publicly funded by federal, state, or local government
 1082  projects, and which may include privately funded projects for
 1083  which the local government has no fiscal responsibility,
 1084  necessary to ensure that adopted level-of-service standards are
 1085  achieved and maintained. For capital improvements that will be
 1086  funded by the developer, financial feasibility shall be
 1087  demonstrated by being guaranteed in an enforceable development
 1088  agreement or interlocal agreement pursuant to paragraph (10)(h),
 1089  or other enforceable agreement. These development agreements and
 1090  interlocal agreements shall be reflected in the schedule of
 1091  capital improvements if the capital improvement is necessary to
 1092  serve development within the 5-year schedule. If the local
 1093  government uses planned revenue sources that require referenda
 1094  or other actions to secure the revenue source, the plan must, in
 1095  the event the referenda are not passed or actions do not secure
 1096  the planned revenue source, identify other existing revenue
 1097  sources that will be used to fund the capital projects or
 1098  otherwise amend the plan to ensure financial feasibility.
 1099         6. The schedule must include transportation improvements
 1100  included in the applicable metropolitan planning organization’s
 1101  transportation improvement program adopted pursuant to s.
 1102  339.175(8) to the extent that such improvements are relied upon
 1103  to ensure concurrency or implementation of a mobility plan as
 1104  defined in s. 163.3164 and financial feasibility. The schedule
 1105  must also be coordinated with the applicable metropolitan
 1106  planning organization’s long-range transportation plan adopted
 1107  pursuant to s. 339.175(7).
 1108         (b)1. The capital improvements element must be reviewed on
 1109  an annual basis and modified as necessary in accordance with s.
 1110  163.3187 or s. 163.3189 in order to maintain a financially
 1111  feasible 5-year schedule of capital improvements. Corrections
 1112  and modifications concerning costs; revenue sources; or
 1113  acceptance of facilities pursuant to dedications which are
 1114  consistent with the plan may be accomplished by ordinance and
 1115  shall not be deemed to be amendments to the local comprehensive
 1116  plan. A copy of the ordinance shall be transmitted to the state
 1117  land planning agency. An amendment to the comprehensive plan is
 1118  required to update the schedule on an annual basis or to
 1119  eliminate, defer, or delay the construction for any facility
 1120  listed in the 5-year schedule. All public facilities must be
 1121  consistent with the capital improvements element. The annual
 1122  update to the capital improvements element of the comprehensive
 1123  plan need not comply with the financial feasibility requirement
 1124  until December 1, 2013 2011. Thereafter, a local government may
 1125  not amend its future land use map, except for plan amendments to
 1126  meet new requirements under this part and emergency amendments
 1127  pursuant to s. 163.3187(1)(a), after December 1, 2013 2011, and
 1128  every year thereafter, unless and until the local government has
 1129  a financially feasible capital improvements element adopted the
 1130  annual update and it has been transmitted to the state land
 1131  planning agency.
 1132         2. Capital improvements element amendments adopted after
 1133  the effective date of this act shall require only a single
 1134  public hearing before the governing board which shall be an
 1135  adoption hearing as described in s. 163.3184(7). Such amendments
 1136  are not subject to the requirements of s. 163.3184(3)-(6).
 1137         (c) If the local government does not adopt the required
 1138  annual update to the schedule of capital improvements, the state
 1139  land planning agency must notify the Administration Commission.
 1140  A local government that has a demonstrated lack of commitment to
 1141  meeting its obligations identified in the capital improvements
 1142  element may be subject to sanctions by the Administration
 1143  Commission pursuant to s. 163.3184(11).
 1144         (d) If a local government adopts a long-term concurrency
 1145  management system pursuant to s. 163.3180(9), it must also adopt
 1146  a long-term capital improvements schedule covering up to a 10
 1147  year or 15-year period, and must update the long-term schedule
 1148  annually. The long-term schedule of capital improvements must be
 1149  financially feasible.
 1150         (e) At the discretion of the local government and
 1151  notwithstanding the requirements of this subsection, a
 1152  comprehensive plan, as revised by an amendment to the plan’s
 1153  future land use map, shall be deemed to be financially feasible
 1154  and to have achieved and maintained level-of-service standards
 1155  as required by this section with respect to transportation
 1156  facilities if the amendment to the future land use map is
 1157  supported by a:
 1158         1. Condition in a development order for a development of
 1159  regional impact or binding agreement that addresses
 1160  proportionate-share mitigation consistent with s. 163.3180(12);
 1161  or
 1162         2. Binding agreement addressing proportionate fair-share
 1163  mitigation consistent with s. 163.3180(16)(f) and the property
 1164  subject to the amendment to the future land use map is located
 1165  within an area designated in a comprehensive plan for urban
 1166  infill, urban redevelopment, downtown revitalization, urban
 1167  infill and redevelopment, or an urban service area. The binding
 1168  agreement must be based on the maximum amount of development
 1169  identified by the future land use map amendment or as may be
 1170  otherwise restricted through a special area plan policy or map
 1171  notation in the comprehensive plan.
 1172         (f) A local government’s comprehensive plan and plan
 1173  amendments for land uses within all transportation concurrency
 1174  exception areas that are designated and maintained in accordance
 1175  with s. 163.3180(5) shall be deemed to meet the requirement to
 1176  achieve and maintain level-of-service standards for
 1177  transportation.
 1178         (4)(a) Coordination of the local comprehensive plan with
 1179  the comprehensive plans of adjacent municipalities, the county,
 1180  adjacent counties, or the region; with the appropriate water
 1181  management district’s regional water supply plans approved
 1182  pursuant to s. 373.709; with adopted rules pertaining to
 1183  designated areas of critical state concern; and with the state
 1184  comprehensive plan shall be a major objective of the local
 1185  comprehensive planning process. To that end, in the preparation
 1186  of a comprehensive plan or element thereof, and in the
 1187  comprehensive plan or element as adopted, the governing body
 1188  shall include a specific policy statement indicating the
 1189  relationship of the proposed development of the area to the
 1190  comprehensive plans of adjacent municipalities, the county,
 1191  adjacent counties, or the region and to the state comprehensive
 1192  plan, as the case may require and as such adopted plans or plans
 1193  in preparation may exist.
 1194         (b) When all or a portion of the land in a local government
 1195  jurisdiction is or becomes part of a designated area of critical
 1196  state concern, the local government shall clearly identify those
 1197  portions of the local comprehensive plan that shall be
 1198  applicable to the critical area and shall indicate the
 1199  relationship of the proposed development of the area to the
 1200  rules for the area of critical state concern.
 1201         (5)(a) Each local government comprehensive plan must
 1202  include at least two planning periods, one covering at least the
 1203  first 5-year period occurring after the plan’s adoption and one
 1204  covering at least a 10-year period. Additional planning periods
 1205  for specific components, elements, land use amendments, or
 1206  projects shall be permissible and accepted as part of the
 1207  planning process.
 1208         (b) The comprehensive plan and its elements shall contain
 1209  guidelines or policies policy recommendations for the
 1210  implementation of the plan and its elements.
 1211         (6) In addition to the requirements of subsections (1)-(5)
 1212  and (12), the comprehensive plan shall include the following
 1213  elements:
 1214         (a) A future land use plan element designating proposed
 1215  future general distribution, location, and extent of the uses of
 1216  land for residential uses, commercial uses, industry,
 1217  agriculture, recreation, conservation, education, public
 1218  buildings and grounds, other public facilities, and other
 1219  categories of the public and private uses of land. The
 1220  approximate acreage and the general range of density or
 1221  intensity of use shall be provided for the gross land area
 1222  included in each existing land use category. The element shall
 1223  establish the long-term end toward which land use programs and
 1224  activities are ultimately directed. Counties are encouraged to
 1225  designate rural land stewardship areas, pursuant to paragraph
 1226  (11)(d), as overlays on the future land use map.
 1227         1. Each future land use category must be defined in terms
 1228  of uses included, and must include standards to be followed in
 1229  the control and distribution of population densities and
 1230  building and structure intensities. The proposed distribution,
 1231  location, and extent of the various categories of land use shall
 1232  be shown on a land use map or map series which shall be
 1233  supplemented by goals, policies, and measurable objectives.
 1234         2. The future land use plan and plan amendments shall be
 1235  based upon surveys, studies, and data regarding the area, as
 1236  applicable, including:
 1237         a. The amount of land required to accommodate anticipated
 1238  growth.;
 1239         b. The projected residential and seasonal population of the
 1240  area.;
 1241         c. The character of undeveloped land.;
 1242         d. The availability of water supplies, public facilities,
 1243  and services.;
 1244         e. The need for redevelopment, including the renewal of
 1245  blighted areas and the elimination of nonconforming uses which
 1246  are inconsistent with the character of the community.;
 1247         f. The compatibility of uses on lands adjacent to or
 1248  closely proximate to military installations.;
 1249         g. The compatibility of uses on lands adjacent to an
 1250  airport as defined in s. 330.35 and consistent with s. 333.02.;
 1251         h. The discouragement of urban sprawl.; energy-efficient
 1252  land use patterns accounting for existing and future electric
 1253  power generation and transmission systems; greenhouse gas
 1254  reduction strategies; and, in rural communities,
 1255         i. The need for job creation, capital investment, and
 1256  economic development that will strengthen and diversify the
 1257  community’s economy.
 1258         j. The need to modify land uses and development patterns
 1259  within antiquated subdivisions. The future land use plan may
 1260  designate areas for future planned development use involving
 1261  combinations of types of uses for which special regulations may
 1262  be necessary to ensure development in accord with the principles
 1263  and standards of the comprehensive plan and this act.
 1264         3. The future land use plan element shall include criteria
 1265  to be used to:
 1266         a. Achieve the compatibility of lands adjacent or closely
 1267  proximate to military installations, considering factors
 1268  identified in s. 163.3175(5)., and
 1269         b. Achieve the compatibility of lands adjacent to an
 1270  airport as defined in s. 330.35 and consistent with s. 333.02.
 1271         c. Encourage preservation of recreational and commercial
 1272  working waterfronts for water dependent uses in coastal
 1273  communities.
 1274         d. Encourage the location of schools proximate to urban
 1275  residential areas to the extent possible.
 1276         e. Coordinate future land uses with the topography and soil
 1277  conditions, and the availability of facilities and services.
 1278         f. Ensure the protection of natural and historic resources.
 1279         g. Provide for the compatibility of adjacent land uses.
 1280         h. Provide guidelines for the implementation of mixed use
 1281  development including the types of uses allowed, the percentage
 1282  distribution among the mix of uses, or other standards, and the
 1283  density and intensity of each use.
 1284         4.In addition, for rural communities, The amount of land
 1285  designated for future planned uses industrial use shall provide
 1286  a balance of uses that foster vibrant, viable communities and
 1287  economic development opportunities and address outdated
 1288  development patterns, such as antiquated subdivisions. The
 1289  amount of land designated for future land uses should allow the
 1290  operation of real estate markets to provide adequate choices for
 1291  permanent and seasonal residents and business and be based upon
 1292  surveys and studies that reflect the need for job creation,
 1293  capital investment, and the necessity to strengthen and
 1294  diversify the local economies, and may not be limited solely by
 1295  the projected population of the rural community. The element
 1296  shall accommodate at least the minimum amount of land required
 1297  to accommodate the medium projections of the University of
 1298  Florida’s Bureau of Economic and Business Research at least a
 1299  10-year planning period unless otherwise limited under s. 380.05
 1300  including related rules of the Administration Commission.
 1301         5. The future land use plan of a county may also designate
 1302  areas for possible future municipal incorporation.
 1303         6. The land use maps or map series shall generally identify
 1304  and depict historic district boundaries and shall designate
 1305  historically significant properties meriting protection. For
 1306  coastal counties, the future land use element must include,
 1307  without limitation, regulatory incentives and criteria that
 1308  encourage the preservation of recreational and commercial
 1309  working waterfronts as defined in s. 342.07.
 1310         7. The future land use element must clearly identify the
 1311  land use categories in which public schools are an allowable
 1312  use. When delineating the land use categories in which public
 1313  schools are an allowable use, a local government shall include
 1314  in the categories sufficient land proximate to residential
 1315  development to meet the projected needs for schools in
 1316  coordination with public school boards and may establish
 1317  differing criteria for schools of different type or size. Each
 1318  local government shall include lands contiguous to existing
 1319  school sites, to the maximum extent possible, within the land
 1320  use categories in which public schools are an allowable use. The
 1321  failure by a local government to comply with these school siting
 1322  requirements will result in the prohibition of the local
 1323  government’s ability to amend the local comprehensive plan,
 1324  except for plan amendments described in s. 163.3187(1)(b), until
 1325  the school siting requirements are met. Amendments proposed by a
 1326  local government for purposes of identifying the land use
 1327  categories in which public schools are an allowable use are
 1328  exempt from the limitation on the frequency of plan amendments
 1329  contained in s. 163.3187. The future land use element shall
 1330  include criteria that encourage the location of schools
 1331  proximate to urban residential areas to the extent possible and
 1332  shall require that the local government seek to collocate public
 1333  facilities, such as parks, libraries, and community centers,
 1334  with schools to the extent possible and to encourage the use of
 1335  elementary schools as focal points for neighborhoods. For
 1336  schools serving predominantly rural counties, defined as a
 1337  county with a population of 100,000 or fewer, an agricultural
 1338  land use category is eligible for the location of public school
 1339  facilities if the local comprehensive plan contains school
 1340  siting criteria and the location is consistent with such
 1341  criteria.
 1342         8. Future land use map amendments shall be based upon the
 1343  following analyses:
 1344         a. An analysis of the availability of facilities and
 1345  services.
 1346         b. An analysis of the suitability of the plan amendment for
 1347  its proposed use considering the character of the undeveloped
 1348  land, soils, topography, natural resources, and historic
 1349  resources on site.
 1350         c. An analysis of the minimum amount of land needed as
 1351  determined by the local government.
 1352         9. The future land use element and any amendment to the
 1353  future land use element shall discourage the proliferation of
 1354  urban sprawl.
 1355         a. The primary indicators that a plan or plan amendment
 1356  does not discourage the proliferation of urban sprawl are listed
 1357  below. The evaluation of the presence of these indicators shall
 1358  consist of an analysis of the plan or plan amendment within the
 1359  context of features and characteristics unique to each locality
 1360  in order to determine whether the plan or plan amendment:
 1361         (I) Promotes, allows, or designates for development
 1362  substantial areas of the jurisdiction to develop as low
 1363  intensity, low-density, or single-use development or uses.
 1364         (II) Promotes, allows, or designates significant amounts of
 1365  urban development to occur in rural areas at substantial
 1366  distances from existing urban areas while not using undeveloped
 1367  lands that are available and suitable for development.
 1368         (III) Promotes, allows, or designates urban development in
 1369  radial, strip, isolated, or ribbon patterns generally emanating
 1370  from existing urban developments.
 1371         (IV) Fails to adequately protect and conserve natural
 1372  resources, such as wetlands, floodplains, native vegetation,
 1373  environmentally sensitive areas, natural groundwater aquifer
 1374  recharge areas, lakes, rivers, shorelines, beaches, bays,
 1375  estuarine systems, and other significant natural systems.
 1376         (V) Fails to adequately protect adjacent agricultural areas
 1377  and activities, including silviculture, active agricultural and
 1378  silvicultural activities, passive agricultural activities, and
 1379  dormant, unique, and prime farmlands and soils.
 1380         (VI) Fails to maximize use of existing public facilities
 1381  and services.
 1382         (VII) Fails to maximize use of future public facilities and
 1383  services.
 1384         (VIII) Allows for land use patterns or timing which
 1385  disproportionately increase the cost in time, money, and energy
 1386  of providing and maintaining facilities and services, including
 1387  roads, potable water, sanitary sewer, stormwater management, law
 1388  enforcement, education, health care, fire and emergency
 1389  response, and general government.
 1390         (IX) Fails to provide a clear separation between rural and
 1391  urban uses.
 1392         (X) Discourages or inhibits infill development or the
 1393  redevelopment of existing neighborhoods and communities.
 1394         (XI) Fails to encourage a functional mix of uses.
 1395         (XII) Results in poor accessibility among linked or related
 1396  land uses.
 1397         (XIII) Results in the loss of significant amounts of
 1398  functional open space.
 1399         b. The future land use element or plan amendment shall be
 1400  determined to discourage the proliferation of urban sprawl if it
 1401  incorporates a development pattern or urban form that achieves
 1402  four or more of the following:
 1403         (I) Directs or locates economic growth and associated land
 1404  development to geographic areas of the community in a manner
 1405  that does not have an adverse impact on and protects natural
 1406  resources and ecosystems.
 1407         (II) Promotes the efficient and cost-effective provision or
 1408  extension of public infrastructure and services.
 1409         (III) Promotes walkable and connected communities and
 1410  provides for compact development and a mix of uses at densities
 1411  and intensities that will support a range of housing choices and
 1412  a multimodal transportation system, including pedestrian,
 1413  bicycle, and transit, if available.
 1414         (IV) Promotes conservation of water and energy.
 1415         (V) Preserves agricultural areas and activities, including
 1416  silviculture, and dormant, unique, and prime farmlands and
 1417  soils.
 1418         (VI) Preserves open space and natural lands and provides
 1419  for public open space and recreation needs.
 1420         (VII) Creates a balance of land uses based upon demands of
 1421  residential population for the nonresidential needs of an area.
 1422         (VIII) Provides uses, densities, and intensities of use and
 1423  urban form that would remediate an existing or planned
 1424  development pattern in the vicinity that constitutes sprawl or
 1425  if it provides for an innovative development pattern such as
 1426  transit-oriented developments or new towns as defined in s.
 1427  163.3164.
 1428         10. The future land use element shall include a future land
 1429  use map or map series.
 1430         a. The proposed distribution, extent, and location of the
 1431  following uses shall be shown on the future land use map or map
 1432  series:
 1433         (I) Residential.
 1434         (II) Commercial.
 1435         (III) Industrial.
 1436         (IV) Agricultural.
 1437         (V) Recreational.
 1438         (VI) Conservation.
 1439         (VII) Educational.
 1440         (VIII) Public.
 1441         b. The following areas shall also be shown on the future
 1442  land use map or map series, if applicable:
 1443         (I) Historic district boundaries and designated
 1444  historically significant properties.
 1445         (II) Transportation concurrency management area boundaries
 1446  or transportation concurrency exception area boundaries.
 1447         (III) Multimodal transportation district boundaries.
 1448         (IV) Mixed use categories.
 1449         c. The following natural resources or conditions shall be
 1450  shown on the future land use map or map series, if applicable:
 1451         (I) Existing and planned public potable waterwells, cones
 1452  of influence, and wellhead protection areas.
 1453         (II) Beaches and shores, including estuarine systems.
 1454         (III) Rivers, bays, lakes, floodplains, and harbors.
 1455         (IV) Wetlands.
 1456         (V) Minerals and soils.
 1457         (VI) Coastal high-hazard areas.
 1458         11. Local governments required to update or amend their
 1459  comprehensive plan to include criteria and address compatibility
 1460  of lands adjacent or closely proximate to existing military
 1461  installations, or lands adjacent to an airport as defined in s.
 1462  330.35 and consistent with s. 333.02, in their future land use
 1463  plan element shall transmit the update or amendment to the state
 1464  land planning agency by June 30, 2012.
 1465         (b)1. A transportation element addressing mobility issues
 1466  in relationship to the size and character of the local
 1467  government. The purpose of the transportation element shall be
 1468  to plan for a multimodal transportation system that places
 1469  emphasis on public transportation systems, where feasible. The
 1470  element shall provide for a safe, convenient multimodal
 1471  transportation system, coordinated with the future land use map
 1472  or map series and designed to support all elements of the
 1473  comprehensive plan. A local government that has all or part of
 1474  its jurisdiction included within the metropolitan planning area
 1475  of a metropolitan planning organization (M.P.O.) pursuant to s.
 1476  339.175 shall prepare and adopt a transportation element
 1477  consistent with this subsection. Local governments that are not
 1478  located within the metropolitan planning area of an M.P.O. shall
 1479  address traffic circulation, mass transit, and ports, and
 1480  aviation and related facilities consistent with this subsection,
 1481  except that local governments with a population of 50,000 or
 1482  less shall only be required to address transportation
 1483  circulation. The element shall be coordinated with the plans and
 1484  programs of any applicable metropolitan planning organization,
 1485  transportation authority, Florida Transportation Plan, and
 1486  Department of Transportation’s adopted work program. The
 1487  transportation element shall address
 1488         (b) A traffic circulation, including element consisting of
 1489  the types, locations, and extent of existing and proposed major
 1490  thoroughfares and transportation routes, including bicycle and
 1491  pedestrian ways. Transportation corridors, as defined in s.
 1492  334.03, may be designated in the transportation traffic
 1493  circulation element pursuant to s. 337.273. If the
 1494  transportation corridors are designated, the local government
 1495  may adopt a transportation corridor management ordinance. The
 1496  element shall reflect the data, analysis, and associated
 1497  principles and strategies relating to:
 1498         a. The existing transportation system levels of service and
 1499  system needs and the availability of transportation facilities
 1500  and services.
 1501         b. The growth trends and travel patterns and interactions
 1502  between land use and transportation.
 1503         c. Existing and projected intermodal deficiencies and
 1504  needs.
 1505         d. The projected transportation system levels of service
 1506  and system needs based upon the future land use map and the
 1507  projected integrated transportation system.
 1508         e. How the local government will correct existing facility
 1509  deficiencies, meet the identified needs of the projected
 1510  transportation system, and advance the purpose of this paragraph
 1511  and the other elements of the comprehensive plan.
 1512         2. Local governments within a metropolitan planning area
 1513  designated as an M.P.O. pursuant to s. 339.175 shall also
 1514  address:
 1515         a. All alternative modes of travel, such as public
 1516  transportation, pedestrian, and bicycle travel.
 1517         b. Aviation, rail, seaport facilities, access to those
 1518  facilities, and intermodal terminals.
 1519         c. The capability to evacuate the coastal population before
 1520  an impending natural disaster.
 1521         d. Airports, projected airport and aviation development,
 1522  and land use compatibility around airports, which includes areas
 1523  defined in ss. 333.01 and 333.02.
 1524         e. An identification of land use densities, building
 1525  intensities, and transportation management programs to promote
 1526  public transportation systems in designated public
 1527  transportation corridors so as to encourage population densities
 1528  sufficient to support such systems.
 1529         3. Mass-transit provisions showing proposed methods for the
 1530  moving of people, rights-of-way, terminals, and related
 1531  facilities shall address:
 1532         a. The provision of efficient public transit services based
 1533  upon existing and proposed major trip generators and attractors,
 1534  safe and convenient public transit terminals, land uses, and
 1535  accommodation of the special needs of the transportation
 1536  disadvantaged.
 1537         b. Plans for port, aviation, and related facilities
 1538  coordinated with the general circulation and transportation
 1539  element.
 1540         c. Plans for the circulation of recreational traffic,
 1541  including bicycle facilities, exercise trails, riding
 1542  facilities, and such other matters as may be related to the
 1543  improvement and safety of movement of all types of recreational
 1544  traffic.
 1545         4. An airport master plan, and any subsequent amendments to
 1546  the airport master plan, prepared by a licensed publicly owned
 1547  and operated airport under s. 333.06 may be incorporated into
 1548  the local government comprehensive plan by the local government
 1549  having jurisdiction under this act for the area in which the
 1550  airport or projected airport development is located by the
 1551  adoption of a comprehensive plan amendment. In the amendment to
 1552  the local comprehensive plan that integrates the airport master
 1553  plan, the comprehensive plan amendment shall address land use
 1554  compatibility consistent with chapter 333 regarding airport
 1555  zoning; the provision of regional transportation facilities for
 1556  the efficient use and operation of the transportation system and
 1557  airport; consistency with the local government transportation
 1558  circulation element and applicable M.P.O. long-range
 1559  transportation plans; the execution of any necessary interlocal
 1560  agreements for the purposes of the provision of public
 1561  facilities and services to maintain the adopted level-of-service
 1562  standards for facilities subject to concurrency; and may address
 1563  airport-related or aviation-related development. Development or
 1564  expansion of an airport consistent with the adopted airport
 1565  master plan that has been incorporated into the local
 1566  comprehensive plan in compliance with this part, and airport
 1567  related or aviation-related development that has been addressed
 1568  in the comprehensive plan amendment that incorporates the
 1569  airport master plan, shall not be a development of regional
 1570  impact. Notwithstanding any other general law, an airport that
 1571  has received a development-of-regional-impact development order
 1572  pursuant to s. 380.06, but which is no longer required to
 1573  undergo development-of-regional-impact review pursuant to this
 1574  subsection, may rescind its development-of-regional-impact order
 1575  upon written notification to the applicable local government.
 1576  Upon receipt by the local government, the development-of
 1577  regional-impact development order shall be deemed rescinded.
 1578         5. The transportation element shall include a map or map
 1579  series showing the general location of the existing and proposed
 1580  transportation system features and shall be coordinated with the
 1581  future land use map or map series. The traffic circulation
 1582  element shall incorporate transportation strategies to address
 1583  reduction in greenhouse gas emissions from the transportation
 1584  sector.
 1585         (c) A general sanitary sewer, solid waste, drainage,
 1586  potable water, and natural groundwater aquifer recharge element
 1587  correlated to principles and guidelines for future land use,
 1588  indicating ways to provide for future potable water, drainage,
 1589  sanitary sewer, solid waste, and aquifer recharge protection
 1590  requirements for the area. The element may be a detailed
 1591  engineering plan including a topographic map depicting areas of
 1592  prime groundwater recharge.
 1593         1. Each local government shall address in the data and
 1594  analyses required by this section those facilities that provide
 1595  service within the local government’s jurisdiction. Local
 1596  governments that provide facilities to serve areas within other
 1597  local government jurisdictions shall also address those
 1598  facilities in the data and analyses required by this section,
 1599  using data from the comprehensive plan for those areas for the
 1600  purpose of projecting facility needs as required in this
 1601  subsection. For shared facilities, each local government shall
 1602  indicate the proportional capacity of the systems allocated to
 1603  serve its jurisdiction.
 1604         2. The element shall describe the problems and needs and
 1605  the general facilities that will be required for solution of the
 1606  problems and needs, including correcting existing facility
 1607  deficiencies. The element shall address coordinating the
 1608  extension of, or increase in the capacity of, facilities to meet
 1609  future needs while maximizing the use of existing facilities and
 1610  discouraging urban sprawl; conservation of potable water
 1611  resources; and protecting the functions of natural groundwater
 1612  recharge areas and natural drainage features. The element shall
 1613  also include a topographic map depicting any areas adopted by a
 1614  regional water management district as prime groundwater recharge
 1615  areas for the Floridan or Biscayne aquifers. These areas shall
 1616  be given special consideration when the local government is
 1617  engaged in zoning or considering future land use for said
 1618  designated areas. For areas served by septic tanks, soil surveys
 1619  shall be provided which indicate the suitability of soils for
 1620  septic tanks.
 1621         3. Within 18 months after the governing board approves an
 1622  updated regional water supply plan, the element must incorporate
 1623  the alternative water supply project or projects selected by the
 1624  local government from those identified in the regional water
 1625  supply plan pursuant to s. 373.709(2)(a) or proposed by the
 1626  local government under s. 373.709(8)(b). If a local government
 1627  is located within two water management districts, the local
 1628  government shall adopt its comprehensive plan amendment within
 1629  18 months after the later updated regional water supply plan.
 1630  The element must identify such alternative water supply projects
 1631  and traditional water supply projects and conservation and reuse
 1632  necessary to meet the water needs identified in s. 373.709(2)(a)
 1633  within the local government’s jurisdiction and include a work
 1634  plan, covering at least a 10-year planning period, for building
 1635  public, private, and regional water supply facilities, including
 1636  development of alternative water supplies, which are identified
 1637  in the element as necessary to serve existing and new
 1638  development. The work plan shall be updated, at a minimum, every
 1639  5 years within 18 months after the governing board of a water
 1640  management district approves an updated regional water supply
 1641  plan. Amendments to incorporate the work plan do not count
 1642  toward the limitation on the frequency of adoption of amendments
 1643  to the comprehensive plan. Local governments, public and private
 1644  utilities, regional water supply authorities, special districts,
 1645  and water management districts are encouraged to cooperatively
 1646  plan for the development of multijurisdictional water supply
 1647  facilities that are sufficient to meet projected demands for
 1648  established planning periods, including the development of
 1649  alternative water sources to supplement traditional sources of
 1650  groundwater and surface water supplies.
 1651         (d) A conservation element for the conservation, use, and
 1652  protection of natural resources in the area, including air,
 1653  water, water recharge areas, wetlands, waterwells, estuarine
 1654  marshes, soils, beaches, shores, flood plains, rivers, bays,
 1655  lakes, harbors, forests, fisheries and wildlife, marine habitat,
 1656  minerals, and other natural and environmental resources,
 1657  including factors that affect energy conservation.
 1658         1. The following natural resources, where present within
 1659  the local government’s boundaries, shall be identified and
 1660  analyzed and existing recreational or conservation uses, known
 1661  pollution problems, including hazardous wastes, and the
 1662  potential for conservation, recreation, use, or protection shall
 1663  also be identified:
 1664         a. Rivers, bays, lakes, wetlands including estuarine
 1665  marshes, groundwaters, and springs, including information on
 1666  quality of the resource available.
 1667         b. Floodplains.
 1668         c. Known sources of commercially valuable minerals.
 1669         d. Areas known to have experienced soil erosion problems.
 1670         e. Areas that are the location of recreationally and
 1671  commercially important fish or shellfish, wildlife, marine
 1672  habitats, and vegetative communities, including forests,
 1673  indicating known dominant species present and species listed by
 1674  federal, state, or local government agencies as endangered,
 1675  threatened, or species of special concern.
 1676         2. The element must contain principles, guidelines, and
 1677  standards for conservation that provide long-term goals and
 1678  which:
 1679         a. Protects air quality.
 1680         b. Conserves, appropriately uses, and protects the quality
 1681  and quantity of current and projected water sources and waters
 1682  that flow into estuarine waters or oceanic waters and protect
 1683  from activities and land uses known to affect adversely the
 1684  quality and quantity of identified water sources, including
 1685  natural groundwater recharge areas, wellhead protection areas,
 1686  and surface waters used as a source of public water supply.
 1687         c. Provides for the emergency conservation of water sources
 1688  in accordance with the plans of the regional water management
 1689  district.
 1690         d. Conserves, appropriately uses, and protects minerals,
 1691  soils, and native vegetative communities, including forests,
 1692  from destruction by development activities.
 1693         e. Conserves, appropriately uses, and protects fisheries,
 1694  wildlife, wildlife habitat, and marine habitat and restricts
 1695  activities known to adversely affect the survival of endangered
 1696  and threatened wildlife.
 1697         f. Protects existing natural reservations identified in the
 1698  recreation and open space element.
 1699         g. Maintains cooperation with adjacent local governments to
 1700  conserve, appropriately use, or protect unique vegetative
 1701  communities located within more than one local jurisdiction.
 1702         h. Designates environmentally sensitive lands for
 1703  protection based on locally determined criteria which further
 1704  the goals and objectives of the conservation element.
 1705         i. Manages hazardous waste to protect natural resources.
 1706         j. Protects and conserves wetlands and the natural
 1707  functions of wetlands.
 1708         k. Directs future land uses that are incompatible with the
 1709  protection and conservation of wetlands and wetland functions
 1710  away from wetlands. The type, intensity or density, extent,
 1711  distribution, and location of allowable land uses and the types,
 1712  values, functions, sizes, conditions, and locations of wetlands
 1713  are land use factors that shall be considered when directing
 1714  incompatible land uses away from wetlands. Land uses shall be
 1715  distributed in a manner that minimizes the effect and impact on
 1716  wetlands. The protection and conservation of wetlands by the
 1717  direction of incompatible land uses away from wetlands shall
 1718  occur in combination with other principles, guidelines,
 1719  standards, and strategies in the comprehensive plan. Where
 1720  incompatible land uses are allowed to occur, mitigation shall be
 1721  considered as one means to compensate for loss of wetlands
 1722  functions.
 1723         3.Local governments shall assess their Current and, as
 1724  well as projected, water needs and sources for at least a 10
 1725  year period based on the demands for industrial, agricultural,
 1726  and potable water use and the quality and quantity of water
 1727  available to meet these demands shall be analyzed. The analysis
 1728  shall consider the existing levels of water conservation, use,
 1729  and protection and applicable policies of the regional water
 1730  management district and further must consider, considering the
 1731  appropriate regional water supply plan approved pursuant to s.
 1732  373.709, or, in the absence of an approved regional water supply
 1733  plan, the district water management plan approved pursuant to s.
 1734  373.036(2). This information shall be submitted to the
 1735  appropriate agencies. The land use map or map series contained
 1736  in the future land use element shall generally identify and
 1737  depict the following:
 1738         1. Existing and planned waterwells and cones of influence
 1739  where applicable.
 1740         2. Beaches and shores, including estuarine systems.
 1741         3. Rivers, bays, lakes, flood plains, and harbors.
 1742         4. Wetlands.
 1743         5. Minerals and soils.
 1744         6. Energy conservation.
 1745  
 1746  The land uses identified on such maps shall be consistent with
 1747  applicable state law and rules.
 1748         (e) A recreation and open space element indicating a
 1749  comprehensive system of public and private sites for recreation,
 1750  including, but not limited to, natural reservations, parks and
 1751  playgrounds, parkways, beaches and public access to beaches,
 1752  open spaces, waterways, and other recreational facilities.
 1753         (f)1. A housing element consisting of standards, plans, and
 1754  principles, guidelines, standards, and strategies to be followed
 1755  in:
 1756         a. The provision of housing for all current and anticipated
 1757  future residents of the jurisdiction.
 1758         b. The elimination of substandard dwelling conditions.
 1759         c. The structural and aesthetic improvement of existing
 1760  housing.
 1761         d. The provision of adequate sites for future housing,
 1762  including affordable workforce housing as defined in s.
 1763  380.0651(3)(j), housing for low-income, very low-income, and
 1764  moderate-income families, mobile homes, and group home
 1765  facilities and foster care facilities, with supporting
 1766  infrastructure and public facilities.
 1767         e. Provision for relocation housing and identification of
 1768  historically significant and other housing for purposes of
 1769  conservation, rehabilitation, or replacement.
 1770         f. The formulation of housing implementation programs.
 1771         g. The creation or preservation of affordable housing to
 1772  minimize the need for additional local services and avoid the
 1773  concentration of affordable housing units only in specific areas
 1774  of the jurisdiction.
 1775         h. Energy efficiency in the design and construction of new
 1776  housing.
 1777         i. Use of renewable energy resources.
 1778         j. Each county in which the gap between the buying power of
 1779  a family of four and the median county home sale price exceeds
 1780  $170,000, as determined by the Florida Housing Finance
 1781  Corporation, and which is not designated as an area of critical
 1782  state concern shall adopt a plan for ensuring affordable
 1783  workforce housing. At a minimum, the plan shall identify
 1784  adequate sites for such housing. For purposes of this sub
 1785  subparagraph, the term “workforce housing” means housing that is
 1786  affordable to natural persons or families whose total household
 1787  income does not exceed 140 percent of the area median income,
 1788  adjusted for household size.
 1789         k. As a precondition to receiving any state affordable
 1790  housing funding or allocation for any project or program within
 1791  the jurisdiction of a county that is subject to sub-subparagraph
 1792  j., a county must, by July 1 of each year, provide certification
 1793  that the county has complied with the requirements of sub
 1794  subparagraph j.
 1795         2. The principles, guidelines, standards, and strategies
 1796  goals, objectives, and policies of the housing element must be
 1797  based on the data and analysis prepared on housing needs,
 1798  including an inventory taken from the latest decennial United
 1799  States Census or more recent estimates, which shall include the
 1800  number and distribution of dwelling units by type, tenure, age,
 1801  rent, value, monthly cost of owner-occupied units, and rent or
 1802  cost to income ratio, and shall show the number of dwelling
 1803  units that are substandard. The inventory shall also include the
 1804  methodology used to estimate the condition of housing, a
 1805  projection of the anticipated number of households by size,
 1806  income range, and age of residents derived from the population
 1807  projections, and the minimum housing need of the current and
 1808  anticipated future residents of the jurisdiction the affordable
 1809  housing needs assessment.
 1810         3. The housing element must express principles, guidelines,
 1811  standards, and strategies that reflect, as needed, the creation
 1812  and preservation of affordable housing for all current and
 1813  anticipated future residents of the jurisdiction, elimination of
 1814  substandard housing conditions, adequate sites, and distribution
 1815  of housing for a range of incomes and types, including mobile
 1816  and manufactured homes. The element must provide for specific
 1817  programs and actions to partner with private and nonprofit
 1818  sectors to address housing needs in the jurisdiction, streamline
 1819  the permitting process, and minimize costs and delays for
 1820  affordable housing, establish standards to address the quality
 1821  of housing, stabilization of neighborhoods, and identification
 1822  and improvement of historically significant housing.
 1823         4. State and federal housing plans prepared on behalf of
 1824  the local government must be consistent with the goals,
 1825  objectives, and policies of the housing element. Local
 1826  governments are encouraged to use job training, job creation,
 1827  and economic solutions to address a portion of their affordable
 1828  housing concerns.
 1829         2. To assist local governments in housing data collection
 1830  and analysis and assure uniform and consistent information
 1831  regarding the state’s housing needs, the state land planning
 1832  agency shall conduct an affordable housing needs assessment for
 1833  all local jurisdictions on a schedule that coordinates the
 1834  implementation of the needs assessment with the evaluation and
 1835  appraisal reports required by s. 163.3191. Each local government
 1836  shall utilize the data and analysis from the needs assessment as
 1837  one basis for the housing element of its local comprehensive
 1838  plan. The agency shall allow a local government the option to
 1839  perform its own needs assessment, if it uses the methodology
 1840  established by the agency by rule.
 1841         (g)1. For those units of local government identified in s.
 1842  380.24, a coastal management element, appropriately related to
 1843  the particular requirements of paragraphs (d) and (e) and
 1844  meeting the requirements of s. 163.3178(2) and (3). The coastal
 1845  management element shall set forth the principles, guidelines,
 1846  standards, and strategies policies that shall guide the local
 1847  government’s decisions and program implementation with respect
 1848  to the following objectives:
 1849         1.a.Maintain, restore, and enhance Maintenance,
 1850  restoration, and enhancement of the overall quality of the
 1851  coastal zone environment, including, but not limited to, its
 1852  amenities and aesthetic values.
 1853         2.b.Preserve the continued existence of viable populations
 1854  of all species of wildlife and marine life.
 1855         3.c.Protect the orderly and balanced utilization and
 1856  preservation, consistent with sound conservation principles, of
 1857  all living and nonliving coastal zone resources.
 1858         4.d.Avoid Avoidance of irreversible and irretrievable loss
 1859  of coastal zone resources.
 1860         5.e.Use ecological planning principles and assumptions to
 1861  be used in the determination of the suitability and extent of
 1862  permitted development.
 1863         f. Proposed management and regulatory techniques.
 1864         6.g.Limit Limitation of public expenditures that subsidize
 1865  development in high-hazard coastal high-hazard areas.
 1866         7.h.Protect Protection of human life against the effects
 1867  of natural disasters.
 1868         8.i.Direct the orderly development, maintenance, and use
 1869  of ports identified in s. 403.021(9) to facilitate deepwater
 1870  commercial navigation and other related activities.
 1871         9.j.Preserve historic and archaeological resources, which
 1872  include the Preservation, including sensitive adaptive use of
 1873  these historic and archaeological resources.
 1874         2. As part of this element, a local government that has a
 1875  coastal management element in its comprehensive plan is
 1876  encouraged to adopt recreational surface water use policies that
 1877  include applicable criteria for and consider such factors as
 1878  natural resources, manatee protection needs, protection of
 1879  working waterfronts and public access to the water, and
 1880  recreation and economic demands. Criteria for manatee protection
 1881  in the recreational surface water use policies should reflect
 1882  applicable guidance outlined in the Boat Facility Siting Guide
 1883  prepared by the Fish and Wildlife Conservation Commission. If
 1884  the local government elects to adopt recreational surface water
 1885  use policies by comprehensive plan amendment, such comprehensive
 1886  plan amendment is exempt from the provisions of s. 163.3187(1).
 1887  Local governments that wish to adopt recreational surface water
 1888  use policies may be eligible for assistance with the development
 1889  of such policies through the Florida Coastal Management Program.
 1890  The Office of Program Policy Analysis and Government
 1891  Accountability shall submit a report on the adoption of
 1892  recreational surface water use policies under this subparagraph
 1893  to the President of the Senate, the Speaker of the House of
 1894  Representatives, and the majority and minority leaders of the
 1895  Senate and the House of Representatives no later than December
 1896  1, 2010.
 1897         (h)1. An intergovernmental coordination element showing
 1898  relationships and stating principles and guidelines to be used
 1899  in coordinating the adopted comprehensive plan with the plans of
 1900  school boards, regional water supply authorities, and other
 1901  units of local government providing services but not having
 1902  regulatory authority over the use of land, with the
 1903  comprehensive plans of adjacent municipalities, the county,
 1904  adjacent counties, or the region, with the state comprehensive
 1905  plan and with the applicable regional water supply plan approved
 1906  pursuant to s. 373.709, as the case may require and as such
 1907  adopted plans or plans in preparation may exist. This element of
 1908  the local comprehensive plan must demonstrate consideration of
 1909  the particular effects of the local plan, when adopted, upon the
 1910  development of adjacent municipalities, the county, adjacent
 1911  counties, or the region, or upon the state comprehensive plan,
 1912  as the case may require.
 1913         a. The intergovernmental coordination element must provide
 1914  procedures for identifying and implementing joint planning
 1915  areas, especially for the purpose of annexation, municipal
 1916  incorporation, and joint infrastructure service areas.
 1917         b. The intergovernmental coordination element must provide
 1918  for recognition of campus master plans prepared pursuant to s.
 1919  1013.30 and airport master plans under paragraph (k).
 1920         b.c. The intergovernmental coordination element shall
 1921  provide for a dispute resolution process, as established
 1922  pursuant to s. 186.509, for bringing intergovernmental disputes
 1923  to closure in a timely manner.
 1924         c.d. The intergovernmental coordination element shall
 1925  provide for interlocal agreements as established pursuant to s.
 1926  333.03(1)(b).
 1927         2. The intergovernmental coordination element shall also
 1928  state principles and guidelines to be used in coordinating the
 1929  adopted comprehensive plan with the plans of school boards and
 1930  other units of local government providing facilities and
 1931  services but not having regulatory authority over the use of
 1932  land. In addition, the intergovernmental coordination element
 1933  must describe joint processes for collaborative planning and
 1934  decisionmaking on population projections and public school
 1935  siting, the location and extension of public facilities subject
 1936  to concurrency, and siting facilities with countywide
 1937  significance, including locally unwanted land uses whose nature
 1938  and identity are established in an agreement.
 1939         3. Within 1 year after adopting their intergovernmental
 1940  coordination elements, each county, all the municipalities
 1941  within that county, the district school board, and any unit of
 1942  local government service providers in that county shall
 1943  establish by interlocal or other formal agreement executed by
 1944  all affected entities, the joint processes described in this
 1945  subparagraph consistent with their adopted intergovernmental
 1946  coordination elements. The element must:
 1947         a. Ensure that the local government addresses through
 1948  coordination mechanisms the impacts of development proposed in
 1949  the local comprehensive plan upon development in adjacent
 1950  municipalities, the county, adjacent counties, the region, and
 1951  the state. The area of concern for municipalities shall include
 1952  adjacent municipalities, the county, and counties adjacent to
 1953  the municipality. The area of concern for counties shall include
 1954  all municipalities within the county, adjacent counties, and
 1955  adjacent municipalities.
 1956         b. Ensure coordination in establishing level of service
 1957  standards for public facilities with any state, regional, or
 1958  local entity having operational and maintenance responsibility
 1959  for such facilities.
 1960         4.3. To foster coordination between special districts and
 1961  local general-purpose governments as local general-purpose
 1962  governments implement local comprehensive plans, each
 1963  independent special district must submit a public facilities
 1964  report to the appropriate local government as required by s.
 1965  189.415.
 1966         4. Local governments shall execute an interlocal agreement
 1967  with the district school board, the county, and nonexempt
 1968  municipalities pursuant to s. 163.31777. The local government
 1969  shall amend the intergovernmental coordination element to ensure
 1970  that coordination between the local government and school board
 1971  is pursuant to the agreement and shall state the obligations of
 1972  the local government under the agreement. Plan amendments that
 1973  comply with this subparagraph are exempt from the provisions of
 1974  s. 163.3187(1).
 1975         5. By January 1, 2004, any county having a population
 1976  greater than 100,000, and the municipalities and special
 1977  districts within that county, shall submit a report to the
 1978  Department of Community Affairs which identifies:
 1979         a. All existing or proposed interlocal service delivery
 1980  agreements relating to education; sanitary sewer; public safety;
 1981  solid waste; drainage; potable water; parks and recreation; and
 1982  transportation facilities.
 1983         b. Any deficits or duplication in the provision of services
 1984  within its jurisdiction, whether capital or operational. Upon
 1985  request, the Department of Community Affairs shall provide
 1986  technical assistance to the local governments in identifying
 1987  deficits or duplication.
 1988         6. Within 6 months after submission of the report, the
 1989  Department of Community Affairs shall, through the appropriate
 1990  regional planning council, coordinate a meeting of all local
 1991  governments within the regional planning area to discuss the
 1992  reports and potential strategies to remedy any identified
 1993  deficiencies or duplications.
 1994         7. Each local government shall update its intergovernmental
 1995  coordination element based upon the findings in the report
 1996  submitted pursuant to subparagraph 5. The report may be used as
 1997  supporting data and analysis for the intergovernmental
 1998  coordination element.
 1999         (i) The optional elements of the comprehensive plan in
 2000  paragraphs (7)(a) and (b) are required elements for those
 2001  municipalities having populations greater than 50,000, and those
 2002  counties having populations greater than 75,000, as determined
 2003  under s. 186.901.
 2004         (j) For each unit of local government within an urbanized
 2005  area designated for purposes of s. 339.175, a transportation
 2006  element, which must be prepared and adopted in lieu of the
 2007  requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
 2008  and (d) and which shall address the following issues:
 2009         1. Traffic circulation, including major thoroughfares and
 2010  other routes, including bicycle and pedestrian ways.
 2011         2. All alternative modes of travel, such as public
 2012  transportation, pedestrian, and bicycle travel.
 2013         3. Parking facilities.
 2014         4. Aviation, rail, seaport facilities, access to those
 2015  facilities, and intermodal terminals.
 2016         5. The availability of facilities and services to serve
 2017  existing land uses and the compatibility between future land use
 2018  and transportation elements.
 2019         6. The capability to evacuate the coastal population prior
 2020  to an impending natural disaster.
 2021         7. Airports, projected airport and aviation development,
 2022  and land use compatibility around airports, which includes areas
 2023  defined in ss. 333.01 and 333.02.
 2024         8. An identification of land use densities, building
 2025  intensities, and transportation management programs to promote
 2026  public transportation systems in designated public
 2027  transportation corridors so as to encourage population densities
 2028  sufficient to support such systems.
 2029         9. May include transportation corridors, as defined in s.
 2030  334.03, intended for future transportation facilities designated
 2031  pursuant to s. 337.273. If transportation corridors are
 2032  designated, the local government may adopt a transportation
 2033  corridor management ordinance.
 2034         10. The incorporation of transportation strategies to
 2035  address reduction in greenhouse gas emissions from the
 2036  transportation sector.
 2037         (k) An airport master plan, and any subsequent amendments
 2038  to the airport master plan, prepared by a licensed publicly
 2039  owned and operated airport under s. 333.06 may be incorporated
 2040  into the local government comprehensive plan by the local
 2041  government having jurisdiction under this act for the area in
 2042  which the airport or projected airport development is located by
 2043  the adoption of a comprehensive plan amendment. In the amendment
 2044  to the local comprehensive plan that integrates the airport
 2045  master plan, the comprehensive plan amendment shall address land
 2046  use compatibility consistent with chapter 333 regarding airport
 2047  zoning; the provision of regional transportation facilities for
 2048  the efficient use and operation of the transportation system and
 2049  airport; consistency with the local government transportation
 2050  circulation element and applicable metropolitan planning
 2051  organization long-range transportation plans; and the execution
 2052  of any necessary interlocal agreements for the purposes of the
 2053  provision of public facilities and services to maintain the
 2054  adopted level-of-service standards for facilities subject to
 2055  concurrency; and may address airport-related or aviation-related
 2056  development. Development or expansion of an airport consistent
 2057  with the adopted airport master plan that has been incorporated
 2058  into the local comprehensive plan in compliance with this part,
 2059  and airport-related or aviation-related development that has
 2060  been addressed in the comprehensive plan amendment that
 2061  incorporates the airport master plan, shall not be a development
 2062  of regional impact. Notwithstanding any other general law, an
 2063  airport that has received a development-of-regional-impact
 2064  development order pursuant to s. 380.06, but which is no longer
 2065  required to undergo development-of-regional-impact review
 2066  pursuant to this subsection, may abandon its development-of
 2067  regional-impact order upon written notification to the
 2068  applicable local government. Upon receipt by the local
 2069  government, the development-of-regional-impact development order
 2070  is void.
 2071         (7) The comprehensive plan may include the following
 2072  additional elements, or portions or phases thereof:
 2073         (a) As a part of the circulation element of paragraph
 2074  (6)(b) or as a separate element, a mass-transit element showing
 2075  proposed methods for the moving of people, rights-of-way,
 2076  terminals, related facilities, and fiscal considerations for the
 2077  accomplishment of the element.
 2078         (b) As a part of the circulation element of paragraph
 2079  (6)(b) or as a separate element, plans for port, aviation, and
 2080  related facilities coordinated with the general circulation and
 2081  transportation element.
 2082         (c) As a part of the circulation element of paragraph
 2083  (6)(b) and in coordination with paragraph (6)(e), where
 2084  applicable, a plan element for the circulation of recreational
 2085  traffic, including bicycle facilities, exercise trails, riding
 2086  facilities, and such other matters as may be related to the
 2087  improvement and safety of movement of all types of recreational
 2088  traffic.
 2089         (d) As a part of the circulation element of paragraph
 2090  (6)(b) or as a separate element, a plan element for the
 2091  development of offstreet parking facilities for motor vehicles
 2092  and the fiscal considerations for the accomplishment of the
 2093  element.
 2094         (e) A public buildings and related facilities element
 2095  showing locations and arrangements of civic and community
 2096  centers, public schools, hospitals, libraries, police and fire
 2097  stations, and other public buildings. This plan element should
 2098  show particularly how it is proposed to effect coordination with
 2099  governmental units, such as school boards or hospital
 2100  authorities, having public development and service
 2101  responsibilities, capabilities, and potential but not having
 2102  land development regulatory authority. This element may include
 2103  plans for architecture and landscape treatment of their grounds.
 2104         (f) A recommended community design element which may
 2105  consist of design recommendations for land subdivision,
 2106  neighborhood development and redevelopment, design of open space
 2107  locations, and similar matters to the end that such
 2108  recommendations may be available as aids and guides to
 2109  developers in the future planning and development of land in the
 2110  area.
 2111         (g) A general area redevelopment element consisting of
 2112  plans and programs for the redevelopment of slums and blighted
 2113  locations in the area and for community redevelopment, including
 2114  housing sites, business and industrial sites, public buildings
 2115  sites, recreational facilities, and other purposes authorized by
 2116  law.
 2117         (h) A safety element for the protection of residents and
 2118  property of the area from fire, hurricane, or manmade or natural
 2119  catastrophe, including such necessary features for protection as
 2120  evacuation routes and their control in an emergency, water
 2121  supply requirements, minimum road widths, clearances around and
 2122  elevations of structures, and similar matters.
 2123         (i) An historical and scenic preservation element setting
 2124  out plans and programs for those structures or lands in the area
 2125  having historical, archaeological, architectural, scenic, or
 2126  similar significance.
 2127         (j) An economic element setting forth principles and
 2128  guidelines for the commercial and industrial development, if
 2129  any, and the employment and personnel utilization within the
 2130  area. The element may detail the type of commercial and
 2131  industrial development sought, correlated to the present and
 2132  projected employment needs of the area and to other elements of
 2133  the plans, and may set forth methods by which a balanced and
 2134  stable economic base will be pursued.
 2135         (k) Such other elements as may be peculiar to, and
 2136  necessary for, the area concerned and as are added to the
 2137  comprehensive plan by the governing body upon the recommendation
 2138  of the local planning agency.
 2139         (l) Local governments that are not required to prepare
 2140  coastal management elements under s. 163.3178 are encouraged to
 2141  adopt hazard mitigation/postdisaster redevelopment plans. These
 2142  plans should, at a minimum, establish long-term policies
 2143  regarding redevelopment, infrastructure, densities,
 2144  nonconforming uses, and future land use patterns. Grants to
 2145  assist local governments in the preparation of these hazard
 2146  mitigation/postdisaster redevelopment plans shall be available
 2147  through the Emergency Management Preparedness and Assistance
 2148  Account in the Grants and Donations Trust Fund administered by
 2149  the department, if such account is created by law. The plans
 2150  must be in compliance with the requirements of this act and
 2151  chapter 252.
 2152         (8) All elements of the comprehensive plan, whether
 2153  mandatory or optional, shall be based upon data appropriate to
 2154  the element involved. Surveys and studies utilized in the
 2155  preparation of the comprehensive plan shall not be deemed a part
 2156  of the comprehensive plan unless adopted as a part of it. Copies
 2157  of such studies, surveys, and supporting documents shall be made
 2158  available to public inspection, and copies of such plans shall
 2159  be made available to the public upon payment of reasonable
 2160  charges for reproduction.
 2161         (9) The state land planning agency shall, by February 15,
 2162  1986, adopt by rule minimum criteria for the review and
 2163  determination of compliance of the local government
 2164  comprehensive plan elements required by this act. Such rules
 2165  shall not be subject to rule challenges under s. 120.56(2) or to
 2166  drawout proceedings under s. 120.54(3)(c)2. Such rules shall
 2167  become effective only after they have been submitted to the
 2168  President of the Senate and the Speaker of the House of
 2169  Representatives for review by the Legislature no later than 30
 2170  days prior to the next regular session of the Legislature. In
 2171  its review the Legislature may reject, modify, or take no action
 2172  relative to the rules. The agency shall conform the rules to the
 2173  changes made by the Legislature, or, if no action was taken, the
 2174  agency rules shall become effective. The rule shall include
 2175  criteria for determining whether:
 2176         (a) Proposed elements are in compliance with the
 2177  requirements of part II, as amended by this act.
 2178         (b) Other elements of the comprehensive plan are related to
 2179  and consistent with each other.
 2180         (c) The local government comprehensive plan elements are
 2181  consistent with the state comprehensive plan and the appropriate
 2182  regional policy plan pursuant to s. 186.508.
 2183         (d) Certain bays, estuaries, and harbors that fall under
 2184  the jurisdiction of more than one local government are managed
 2185  in a consistent and coordinated manner in the case of local
 2186  governments required to include a coastal management element in
 2187  their comprehensive plans pursuant to paragraph (6)(g).
 2188         (e) Proposed elements identify the mechanisms and
 2189  procedures for monitoring, evaluating, and appraising
 2190  implementation of the plan. Specific measurable objectives are
 2191  included to provide a basis for evaluating effectiveness as
 2192  required by s. 163.3191.
 2193         (f) Proposed elements contain policies to guide future
 2194  decisions in a consistent manner.
 2195         (g) Proposed elements contain programs and activities to
 2196  ensure that comprehensive plans are implemented.
 2197         (h) Proposed elements identify the need for and the
 2198  processes and procedures to ensure coordination of all
 2199  development activities and services with other units of local
 2200  government, regional planning agencies, water management
 2201  districts, and state and federal agencies as appropriate.
 2202  
 2203  The state land planning agency may adopt procedural rules that
 2204  are consistent with this section and chapter 120 for the review
 2205  of local government comprehensive plan elements required under
 2206  this section. The state land planning agency shall provide model
 2207  plans and ordinances and, upon request, other assistance to
 2208  local governments in the adoption and implementation of their
 2209  revised local government comprehensive plans. The review and
 2210  comment provisions applicable prior to October 1, 1985, shall
 2211  continue in effect until the criteria for review and
 2212  determination are adopted pursuant to this subsection and the
 2213  comprehensive plans required by s. 163.3167(2) are due.
 2214         (10) The Legislature recognizes the importance and
 2215  significance of chapter 9J-5, Florida Administrative Code, the
 2216  Minimum Criteria for Review of Local Government Comprehensive
 2217  Plans and Determination of Compliance of the Department of
 2218  Community Affairs that will be used to determine compliance of
 2219  local comprehensive plans. The Legislature reserved unto itself
 2220  the right to review chapter 9J-5, Florida Administrative Code,
 2221  and to reject, modify, or take no action relative to this rule.
 2222  Therefore, pursuant to subsection (9), the Legislature hereby
 2223  has reviewed chapter 9J-5, Florida Administrative Code, and
 2224  expresses the following legislative intent:
 2225         (a) The Legislature finds that in order for the department
 2226  to review local comprehensive plans, it is necessary to define
 2227  the term “consistency.” Therefore, for the purpose of
 2228  determining whether local comprehensive plans are consistent
 2229  with the state comprehensive plan and the appropriate regional
 2230  policy plan, a local plan shall be consistent with such plans if
 2231  the local plan is “compatible with” and “furthers” such plans.
 2232  The term “compatible with” means that the local plan is not in
 2233  conflict with the state comprehensive plan or appropriate
 2234  regional policy plan. The term “furthers” means to take action
 2235  in the direction of realizing goals or policies of the state or
 2236  regional plan. For the purposes of determining consistency of
 2237  the local plan with the state comprehensive plan or the
 2238  appropriate regional policy plan, the state or regional plan
 2239  shall be construed as a whole and no specific goal and policy
 2240  shall be construed or applied in isolation from the other goals
 2241  and policies in the plans.
 2242         (b) Each local government shall review all the state
 2243  comprehensive plan goals and policies and shall address in its
 2244  comprehensive plan the goals and policies which are relevant to
 2245  the circumstances or conditions in its jurisdiction. The
 2246  decision regarding which particular state comprehensive plan
 2247  goals and policies will be furthered by the expenditure of a
 2248  local government’s financial resources in any given year is a
 2249  decision which rests solely within the discretion of the local
 2250  government. Intergovernmental coordination, as set forth in
 2251  paragraph (6)(h), shall be utilized to the extent required to
 2252  carry out the provisions of chapter 9J-5, Florida Administrative
 2253  Code.
 2254         (c) The Legislature declares that if any portion of chapter
 2255  9J-5, Florida Administrative Code, is found to be in conflict
 2256  with this part, the appropriate statutory provision shall
 2257  prevail.
 2258         (d) Chapter 9J-5, Florida Administrative Code, does not
 2259  mandate the creation, limitation, or elimination of regulatory
 2260  authority, nor does it authorize the adoption or require the
 2261  repeal of any rules, criteria, or standards of any local,
 2262  regional, or state agency.
 2263         (e) It is the Legislature’s intent that support data or
 2264  summaries thereof shall not be subject to the compliance review
 2265  process, but the Legislature intends that goals and policies be
 2266  clearly based on appropriate data. The department may utilize
 2267  support data or summaries thereof to aid in its determination of
 2268  compliance and consistency. The Legislature intends that the
 2269  department may evaluate the application of a methodology
 2270  utilized in data collection or whether a particular methodology
 2271  is professionally accepted. However, the department shall not
 2272  evaluate whether one accepted methodology is better than
 2273  another. Chapter 9J-5, Florida Administrative Code, shall not be
 2274  construed to require original data collection by local
 2275  governments; however, Local governments are not to be
 2276  discouraged from utilizing original data so long as
 2277  methodologies are professionally accepted.
 2278         (f) The Legislature recognizes that under this section,
 2279  local governments are charged with setting levels of service for
 2280  public facilities in their comprehensive plans in accordance
 2281  with which development orders and permits will be issued
 2282  pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
 2283  the authority of state, regional, or local agencies as otherwise
 2284  provided by law.
 2285         (g) Definitions contained in chapter 9J-5, Florida
 2286  Administrative Code, are not intended to modify or amend the
 2287  definitions utilized for purposes of other programs or rules or
 2288  to establish or limit regulatory authority. Local governments
 2289  may establish alternative definitions in local comprehensive
 2290  plans, as long as such definitions accomplish the intent of this
 2291  chapter, and chapter 9J-5, Florida Administrative Code.
 2292         (h) It is the intent of the Legislature that public
 2293  facilities and services needed to support development shall be
 2294  available concurrent with the impacts of such development in
 2295  accordance with s. 163.3180. In meeting this intent, public
 2296  facility and service availability shall be deemed sufficient if
 2297  the public facilities and services for a development are phased,
 2298  or the development is phased, so that the public facilities and
 2299  those related services which are deemed necessary by the local
 2300  government to operate the facilities necessitated by that
 2301  development are available concurrent with the impacts of the
 2302  development. The public facilities and services, unless already
 2303  available, are to be consistent with the capital improvements
 2304  element of the local comprehensive plan as required by paragraph
 2305  (3)(a) or guaranteed in an enforceable development agreement.
 2306  This shall include development agreements pursuant to this
 2307  chapter or in an agreement or a development order issued
 2308  pursuant to chapter 380. Nothing herein shall be construed to
 2309  require a local government to address services in its capital
 2310  improvements plan or to limit a local government’s ability to
 2311  address any service in its capital improvements plan that it
 2312  deems necessary.
 2313         (i) The department shall take into account the factors
 2314  delineated in rule 9J-5.002(2), Florida Administrative Code, as
 2315  it provides assistance to local governments and applies the rule
 2316  in specific situations with regard to the detail of the data and
 2317  analysis required.
 2318         (j) Chapter 9J-5, Florida Administrative Code, has become
 2319  effective pursuant to subsection (9). The Legislature hereby
 2320  directs the department to adopt amendments as necessary which
 2321  conform chapter 9J-5, Florida Administrative Code, with the
 2322  requirements of this legislative intent by October 1, 1986.
 2323         (k) In order for local governments to prepare and adopt
 2324  comprehensive plans with knowledge of the rules that are applied
 2325  to determine consistency of the plans with this part, there
 2326  should be no doubt as to the legal standing of chapter 9J-5,
 2327  Florida Administrative Code, at the close of the 1986
 2328  legislative session. Therefore, the Legislature declares that
 2329  changes made to chapter 9J-5 before October 1, 1986, are not
 2330  subject to rule challenges under s. 120.56(2), or to drawout
 2331  proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
 2332  Florida Administrative Code, as amended, is subject to rule
 2333  challenges under s. 120.56(3), as nothing herein indicates
 2334  approval or disapproval of any portion of chapter 9J-5 not
 2335  specifically addressed herein. Any amendments to chapter 9J-5,
 2336  Florida Administrative Code, exclusive of the amendments adopted
 2337  prior to October 1, 1986, pursuant to this act, shall be subject
 2338  to the full chapter 120 process. All amendments shall have
 2339  effective dates as provided in chapter 120 and submission to the
 2340  President of the Senate and Speaker of the House of
 2341  Representatives shall not be required.
 2342         (l) The state land planning agency shall consider land use
 2343  compatibility issues in the vicinity of all airports in
 2344  coordination with the Department of Transportation and adjacent
 2345  to or in close proximity to all military installations in
 2346  coordination with the Department of Defense.
 2347         (11)(a) The Legislature recognizes the need for innovative
 2348  planning and development strategies which will address the
 2349  anticipated demands of continued urbanization of Florida’s
 2350  coastal and other environmentally sensitive areas, and which
 2351  will accommodate the development of less populated regions of
 2352  the state which seek economic development and which have
 2353  suitable land and water resources to accommodate growth in an
 2354  environmentally acceptable manner. The Legislature further
 2355  recognizes the substantial advantages of innovative approaches
 2356  to development which may better serve to protect environmentally
 2357  sensitive areas, maintain the economic viability of agricultural
 2358  and other predominantly rural land uses, and provide for the
 2359  cost-efficient delivery of public facilities and services.
 2360         (b) It is the intent of the Legislature that the local
 2361  government comprehensive plans and plan amendments adopted
 2362  pursuant to the provisions of this part provide for a planning
 2363  process which allows for land use efficiencies within existing
 2364  urban areas and which also allows for the conversion of rural
 2365  lands to other uses, where appropriate and consistent with the
 2366  other provisions of this part and the affected local
 2367  comprehensive plans, through the application of innovative and
 2368  flexible planning and development strategies and creative land
 2369  use planning techniques, which may include, but not be limited
 2370  to, urban villages, new towns, satellite communities, area-based
 2371  allocations, clustering and open space provisions, mixed-use
 2372  development, and sector planning.
 2373         (c) It is the further intent of the Legislature that local
 2374  government comprehensive plans and implementing land development
 2375  regulations shall provide strategies which maximize the use of
 2376  existing facilities and services through redevelopment, urban
 2377  infill development, and other strategies for urban
 2378  revitalization.
 2379         (d)1. The department, in cooperation with the Department of
 2380  Agriculture and Consumer Services, the Department of
 2381  Environmental Protection, water management districts, and
 2382  regional planning councils, shall provide assistance to local
 2383  governments in the implementation of this paragraph and rule 9J
 2384  5.006(5)(l), Florida Administrative Code. Implementation of
 2385  those provisions shall include a process by which the department
 2386  may authorize local governments to designate all or portions of
 2387  lands classified in the future land use element as predominantly
 2388  agricultural, rural, open, open-rural, or a substantively
 2389  equivalent land use, as a rural land stewardship area within
 2390  which planning and economic incentives are applied to encourage
 2391  the implementation of innovative and flexible planning and
 2392  development strategies and creative land use planning
 2393  techniques, including those contained herein and in rule 9J
 2394  5.006(5)(l), Florida Administrative Code. Assistance may
 2395  include, but is not limited to:
 2396         a. Assistance from the Department of Environmental
 2397  Protection and water management districts in creating the
 2398  geographic information systems land cover database and aerial
 2399  photogrammetry needed to prepare for a rural land stewardship
 2400  area;
 2401         b. Support for local government implementation of rural
 2402  land stewardship concepts by providing information and
 2403  assistance to local governments regarding land acquisition
 2404  programs that may be used by the local government or landowners
 2405  to leverage the protection of greater acreage and maximize the
 2406  effectiveness of rural land stewardship areas; and
 2407         c. Expansion of the role of the Department of Community
 2408  Affairs as a resource agency to facilitate establishment of
 2409  rural land stewardship areas in smaller rural counties that do
 2410  not have the staff or planning budgets to create a rural land
 2411  stewardship area.
 2412         2. The department shall encourage participation by local
 2413  governments of different sizes and rural characteristics in
 2414  establishing and implementing rural land stewardship areas. It
 2415  is the intent of the Legislature that rural land stewardship
 2416  areas be used to further the following broad principles of rural
 2417  sustainability: restoration and maintenance of the economic
 2418  value of rural land; control of urban sprawl; identification and
 2419  protection of ecosystems, habitats, and natural resources;
 2420  promotion of rural economic activity; maintenance of the
 2421  viability of Florida’s agricultural economy; and protection of
 2422  the character of rural areas of Florida. Rural land stewardship
 2423  areas may be multicounty in order to encourage coordinated
 2424  regional stewardship planning.
 2425         3. A local government, in conjunction with a regional
 2426  planning council, a stakeholder organization of private land
 2427  owners, or another local government, shall notify the department
 2428  in writing of its intent to designate a rural land stewardship
 2429  area. The written notification shall describe the basis for the
 2430  designation, including the extent to which the rural land
 2431  stewardship area enhances rural land values, controls urban
 2432  sprawl, provides necessary open space for agriculture and
 2433  protection of the natural environment, promotes rural economic
 2434  activity, and maintains rural character and the economic
 2435  viability of agriculture.
 2436         4. A rural land stewardship area shall be not less than
 2437  10,000 acres and shall be located outside of municipalities and
 2438  established urban growth boundaries, and shall be designated by
 2439  plan amendment. The plan amendment designating a rural land
 2440  stewardship area shall be subject to review by the Department of
 2441  Community Affairs pursuant to s. 163.3184 and shall provide for
 2442  the following:
 2443         a. Criteria for the designation of receiving areas within
 2444  rural land stewardship areas in which innovative planning and
 2445  development strategies may be applied. Criteria shall at a
 2446  minimum provide for the following: adequacy of suitable land to
 2447  accommodate development so as to avoid conflict with
 2448  environmentally sensitive areas, resources, and habitats;
 2449  compatibility between and transition from higher density uses to
 2450  lower intensity rural uses; the establishment of receiving area
 2451  service boundaries which provide for a separation between
 2452  receiving areas and other land uses within the rural land
 2453  stewardship area through limitations on the extension of
 2454  services; and connection of receiving areas with the rest of the
 2455  rural land stewardship area using rural design and rural road
 2456  corridors.
 2457         b. Goals, objectives, and policies setting forth the
 2458  innovative planning and development strategies to be applied
 2459  within rural land stewardship areas pursuant to the provisions
 2460  of this section.
 2461         c. A process for the implementation of innovative planning
 2462  and development strategies within the rural land stewardship
 2463  area, including those described in this subsection and rule 9J
 2464  5.006(5)(l), Florida Administrative Code, which provide for a
 2465  functional mix of land uses, including adequate available
 2466  workforce housing, including low, very-low and moderate income
 2467  housing for the development anticipated in the receiving area
 2468  and which are applied through the adoption by the local
 2469  government of zoning and land development regulations applicable
 2470  to the rural land stewardship area.
 2471         d. A process which encourages visioning pursuant to s.
 2472  163.3167(11) to ensure that innovative planning and development
 2473  strategies comply with the provisions of this section.
 2474         e. The control of sprawl through the use of innovative
 2475  strategies and creative land use techniques consistent with the
 2476  provisions of this subsection and rule 9J-5.006(5)(l), Florida
 2477  Administrative Code.
 2478         5. A receiving area shall be designated by the adoption of
 2479  a land development regulation. Prior to the designation of a
 2480  receiving area, the local government shall provide the
 2481  Department of Community Affairs a period of 30 days in which to
 2482  review a proposed receiving area for consistency with the rural
 2483  land stewardship area plan amendment and to provide comments to
 2484  the local government. At the time of designation of a
 2485  stewardship receiving area, a listed species survey will be
 2486  performed. If listed species occur on the receiving area site,
 2487  the developer shall coordinate with each appropriate local,
 2488  state, or federal agency to determine if adequate provisions
 2489  have been made to protect those species in accordance with
 2490  applicable regulations. In determining the adequacy of
 2491  provisions for the protection of listed species and their
 2492  habitats, the rural land stewardship area shall be considered as
 2493  a whole, and the impacts to areas to be developed as receiving
 2494  areas shall be considered together with the environmental
 2495  benefits of areas protected as sending areas in fulfilling this
 2496  criteria.
 2497         6. Upon the adoption of a plan amendment creating a rural
 2498  land stewardship area, the local government shall, by ordinance,
 2499  establish the methodology for the creation, conveyance, and use
 2500  of transferable rural land use credits, otherwise referred to as
 2501  stewardship credits, the application of which shall not
 2502  constitute a right to develop land, nor increase density of
 2503  land, except as provided by this section. The total amount of
 2504  transferable rural land use credits within the rural land
 2505  stewardship area must enable the realization of the long-term
 2506  vision and goals for the 25-year or greater projected population
 2507  of the rural land stewardship area, which may take into
 2508  consideration the anticipated effect of the proposed receiving
 2509  areas. Transferable rural land use credits are subject to the
 2510  following limitations:
 2511         a. Transferable rural land use credits may only exist
 2512  within a rural land stewardship area.
 2513         b. Transferable rural land use credits may only be used on
 2514  lands designated as receiving areas and then solely for the
 2515  purpose of implementing innovative planning and development
 2516  strategies and creative land use planning techniques adopted by
 2517  the local government pursuant to this section.
 2518         c. Transferable rural land use credits assigned to a parcel
 2519  of land within a rural land stewardship area shall cease to
 2520  exist if the parcel of land is removed from the rural land
 2521  stewardship area by plan amendment.
 2522         d. Neither the creation of the rural land stewardship area
 2523  by plan amendment nor the assignment of transferable rural land
 2524  use credits by the local government shall operate to displace
 2525  the underlying density of land uses assigned to a parcel of land
 2526  within the rural land stewardship area; however, if transferable
 2527  rural land use credits are transferred from a parcel for use
 2528  within a designated receiving area, the underlying density
 2529  assigned to the parcel of land shall cease to exist.
 2530         e. The underlying density on each parcel of land located
 2531  within a rural land stewardship area shall not be increased or
 2532  decreased by the local government, except as a result of the
 2533  conveyance or use of transferable rural land use credits, as
 2534  long as the parcel remains within the rural land stewardship
 2535  area.
 2536         f. Transferable rural land use credits shall cease to exist
 2537  on a parcel of land where the underlying density assigned to the
 2538  parcel of land is utilized.
 2539         g. An increase in the density of use on a parcel of land
 2540  located within a designated receiving area may occur only
 2541  through the assignment or use of transferable rural land use
 2542  credits and shall not require a plan amendment.
 2543         h. A change in the density of land use on parcels located
 2544  within receiving areas shall be specified in a development order
 2545  which reflects the total number of transferable rural land use
 2546  credits assigned to the parcel of land and the infrastructure
 2547  and support services necessary to provide for a functional mix
 2548  of land uses corresponding to the plan of development.
 2549         i. Land within a rural land stewardship area may be removed
 2550  from the rural land stewardship area through a plan amendment.
 2551         j. Transferable rural land use credits may be assigned at
 2552  different ratios of credits per acre according to the natural
 2553  resource or other beneficial use characteristics of the land and
 2554  according to the land use remaining following the transfer of
 2555  credits, with the highest number of credits per acre assigned to
 2556  the most environmentally valuable land or, in locations where
 2557  the retention of open space and agricultural land is a priority,
 2558  to such lands.
 2559         k. The use or conveyance of transferable rural land use
 2560  credits must be recorded in the public records of the county in
 2561  which the property is located as a covenant or restrictive
 2562  easement running with the land in favor of the county and either
 2563  the Department of Environmental Protection, Department of
 2564  Agriculture and Consumer Services, a water management district,
 2565  or a recognized statewide land trust.
 2566         7. Owners of land within rural land stewardship areas
 2567  should be provided incentives to enter into rural land
 2568  stewardship agreements, pursuant to existing law and rules
 2569  adopted thereto, with state agencies, water management
 2570  districts, and local governments to achieve mutually agreed upon
 2571  conservation objectives. Such incentives may include, but not be
 2572  limited to, the following:
 2573         a. Opportunity to accumulate transferable mitigation
 2574  credits.
 2575         b. Extended permit agreements.
 2576         c. Opportunities for recreational leases and ecotourism.
 2577         d. Payment for specified land management services on
 2578  publicly owned land, or property under covenant or restricted
 2579  easement in favor of a public entity.
 2580         e. Option agreements for sale to public entities or private
 2581  land conservation entities, in either fee or easement, upon
 2582  achievement of conservation objectives.
 2583         8. The department shall report to the Legislature on an
 2584  annual basis on the results of implementation of rural land
 2585  stewardship areas authorized by the department, including
 2586  successes and failures in achieving the intent of the
 2587  Legislature as expressed in this paragraph.
 2588         (e) The Legislature finds that mixed-use, high-density
 2589  development is appropriate for urban infill and redevelopment
 2590  areas. Mixed-use projects accommodate a variety of uses,
 2591  including residential and commercial, and usually at higher
 2592  densities that promote pedestrian-friendly, sustainable
 2593  communities. The Legislature recognizes that mixed-use, high
 2594  density development improves the quality of life for residents
 2595  and businesses in urban areas. The Legislature finds that mixed
 2596  use, high-density redevelopment and infill benefits residents by
 2597  creating a livable community with alternative modes of
 2598  transportation. Furthermore, the Legislature finds that local
 2599  zoning ordinances often discourage mixed-use, high-density
 2600  development in areas that are appropriate for urban infill and
 2601  redevelopment. The Legislature intends to discourage single-use
 2602  zoning in urban areas which often leads to lower-density, land
 2603  intensive development outside an urban service area. Therefore,
 2604  the Department of Community Affairs shall provide technical
 2605  assistance to local governments in order to encourage mixed-use,
 2606  high-density urban infill and redevelopment projects.
 2607         (f) The Legislature finds that a program for the transfer
 2608  of development rights is a useful tool to preserve historic
 2609  buildings and create public open spaces in urban areas. A
 2610  program for the transfer of development rights allows the
 2611  transfer of density credits from historic properties and public
 2612  open spaces to areas designated for high-density development.
 2613  The Legislature recognizes that high-density development is
 2614  integral to the success of many urban infill and redevelopment
 2615  projects. The Legislature intends to encourage high-density
 2616  urban infill and redevelopment while preserving historic
 2617  structures and open spaces. Therefore, the Department of
 2618  Community Affairs shall provide technical assistance to local
 2619  governments in order to promote the transfer of development
 2620  rights within urban areas for high-density infill and
 2621  redevelopment projects.
 2622         (g) The implementation of this subsection shall be subject
 2623  to the provisions of this chapter, chapters 186 and 187, and
 2624  applicable agency rules.
 2625         (h) The department may adopt rules necessary to implement
 2626  the provisions of this subsection.
 2627         (12) A public school facilities element adopted to
 2628  implement a school concurrency program shall meet the
 2629  requirements of this subsection. Each county and each
 2630  municipality within the county, unless exempt or subject to a
 2631  waiver, must adopt a public school facilities element that is
 2632  consistent with those adopted by the other local governments
 2633  within the county and enter the interlocal agreement pursuant to
 2634  s. 163.31777.
 2635         (a) The state land planning agency may provide a waiver to
 2636  a county and to the municipalities within the county if the
 2637  capacity rate for all schools within the school district is no
 2638  greater than 100 percent and the projected 5-year capital outlay
 2639  full-time equivalent student growth rate is less than 10
 2640  percent. The state land planning agency may allow for a
 2641  projected 5-year capital outlay full-time equivalent student
 2642  growth rate to exceed 10 percent when the projected 10-year
 2643  capital outlay full-time equivalent student enrollment is less
 2644  than 2,000 students and the capacity rate for all schools within
 2645  the school district in the tenth year will not exceed the 100
 2646  percent limitation. The state land planning agency may allow for
 2647  a single school to exceed the 100-percent limitation if it can
 2648  be demonstrated that the capacity rate for that single school is
 2649  not greater than 105 percent. In making this determination, the
 2650  state land planning agency shall consider the following
 2651  criteria:
 2652         1. Whether the exceedance is due to temporary
 2653  circumstances;
 2654         2. Whether the projected 5-year capital outlay full time
 2655  equivalent student growth rate for the school district is
 2656  approaching the 10-percent threshold;
 2657         3. Whether one or more additional schools within the school
 2658  district are at or approaching the 100-percent threshold; and
 2659         4. The adequacy of the data and analysis submitted to
 2660  support the waiver request.
 2661         (b) A municipality in a nonexempt county is exempt if the
 2662  municipality meets all of the following criteria for having no
 2663  significant impact on school attendance:
 2664         1. The municipality has issued development orders for fewer
 2665  than 50 residential dwelling units during the preceding 5 years,
 2666  or the municipality has generated fewer than 25 additional
 2667  public school students during the preceding 5 years.
 2668         2. The municipality has not annexed new land during the
 2669  preceding 5 years in land use categories that permit residential
 2670  uses that will affect school attendance rates.
 2671         3. The municipality has no public schools located within
 2672  its boundaries.
 2673         (c) A public school facilities element shall be based upon
 2674  data and analyses that address, among other items, how level-of
 2675  service standards will be achieved and maintained. Such data and
 2676  analyses must include, at a minimum, such items as: the
 2677  interlocal agreement adopted pursuant to s. 163.31777 and the 5
 2678  year school district facilities work program adopted pursuant to
 2679  s. 1013.35; the educational plant survey prepared pursuant to s.
 2680  1013.31 and an existing educational and ancillary plant map or
 2681  map series; information on existing development and development
 2682  anticipated for the next 5 years and the long-term planning
 2683  period; an analysis of problems and opportunities for existing
 2684  schools and schools anticipated in the future; an analysis of
 2685  opportunities to collocate future schools with other public
 2686  facilities such as parks, libraries, and community centers; an
 2687  analysis of the need for supporting public facilities for
 2688  existing and future schools; an analysis of opportunities to
 2689  locate schools to serve as community focal points; projected
 2690  future population and associated demographics, including
 2691  development patterns year by year for the upcoming 5-year and
 2692  long-term planning periods; and anticipated educational and
 2693  ancillary plants with land area requirements.
 2694         (d) The element shall contain one or more goals which
 2695  establish the long-term end toward which public school programs
 2696  and activities are ultimately directed.
 2697         (e) The element shall contain one or more objectives for
 2698  each goal, setting specific, measurable, intermediate ends that
 2699  are achievable and mark progress toward the goal.
 2700         (f) The element shall contain one or more policies for each
 2701  objective which establish the way in which programs and
 2702  activities will be conducted to achieve an identified goal.
 2703         (g) The objectives and policies shall address items such
 2704  as:
 2705         1. The procedure for an annual update process;
 2706         2. The procedure for school site selection;
 2707         3. The procedure for school permitting;
 2708         4. Provision for infrastructure necessary to support
 2709  proposed schools, including potable water, wastewater, drainage,
 2710  solid waste, transportation, and means by which to assure safe
 2711  access to schools, including sidewalks, bicycle paths, turn
 2712  lanes, and signalization;
 2713         5. Provision for colocation of other public facilities,
 2714  such as parks, libraries, and community centers, in proximity to
 2715  public schools;
 2716         6. Provision for location of schools proximate to
 2717  residential areas and to complement patterns of development,
 2718  including the location of future school sites so they serve as
 2719  community focal points;
 2720         7. Measures to ensure compatibility of school sites and
 2721  surrounding land uses;
 2722         8. Coordination with adjacent local governments and the
 2723  school district on emergency preparedness issues, including the
 2724  use of public schools to serve as emergency shelters; and
 2725         9. Coordination with the future land use element.
 2726         (h) The element shall include one or more future conditions
 2727  maps which depict the anticipated location of educational and
 2728  ancillary plants, including the general location of improvements
 2729  to existing schools or new schools anticipated over the 5-year
 2730  or long-term planning period. The maps will of necessity be
 2731  general for the long-term planning period and more specific for
 2732  the 5-year period. Maps indicating general locations of future
 2733  schools or school improvements may not prescribe a land use on a
 2734  particular parcel of land.
 2735         (i) The state land planning agency shall establish a phased
 2736  schedule for adoption of the public school facilities element
 2737  and the required updates to the public schools interlocal
 2738  agreement pursuant to s. 163.31777. The schedule shall provide
 2739  for each county and local government within the county to adopt
 2740  the element and update to the agreement no later than December
 2741  1, 2008. Plan amendments to adopt a public school facilities
 2742  element are exempt from the provisions of s. 163.3187(1).
 2743         (j) The state land planning agency may issue a notice to
 2744  the school board and the local government to show cause why
 2745  sanctions should not be enforced for failure to enter into an
 2746  approved interlocal agreement as required by s. 163.31777 or for
 2747  failure to implement provisions relating to public school
 2748  concurrency. If the state land planning agency finds that
 2749  insufficient cause exists for the school board’s or local
 2750  government’s failure to enter into an approved interlocal
 2751  agreement as required by s. 163.31777 or for the school board’s
 2752  or local government’s failure to implement the provisions
 2753  relating to public school concurrency, the state land planning
 2754  agency shall submit its finding to the Administration Commission
 2755  which may impose on the local government any of the sanctions
 2756  set forth in s. 163.3184(11)(a) and (b) and may impose on the
 2757  district school board any of the sanctions set forth in s.
 2758  1008.32(4).
 2759         (13) Local governments are encouraged to develop a
 2760  community vision that provides for sustainable growth,
 2761  recognizes its fiscal constraints, and protects its natural
 2762  resources. At the request of a local government, the applicable
 2763  regional planning council shall provide assistance in the
 2764  development of a community vision.
 2765         (a) As part of the process of developing a community vision
 2766  under this section, the local government must hold two public
 2767  meetings with at least one of those meetings before the local
 2768  planning agency. Before those public meetings, the local
 2769  government must hold at least one public workshop with
 2770  stakeholder groups such as neighborhood associations, community
 2771  organizations, businesses, private property owners, housing and
 2772  development interests, and environmental organizations.
 2773         (b) The local government must, at a minimum, discuss five
 2774  of the following topics as part of the workshops and public
 2775  meetings required under paragraph (a):
 2776         1. Future growth in the area using population forecasts
 2777  from the Bureau of Economic and Business Research;
 2778         2. Priorities for economic development;
 2779         3. Preservation of open space, environmentally sensitive
 2780  lands, and agricultural lands;
 2781         4. Appropriate areas and standards for mixed-use
 2782  development;
 2783         5. Appropriate areas and standards for high-density
 2784  commercial and residential development;
 2785         6. Appropriate areas and standards for economic development
 2786  opportunities and employment centers;
 2787         7. Provisions for adequate workforce housing;
 2788         8. An efficient, interconnected multimodal transportation
 2789  system; and
 2790         9. Opportunities to create land use patterns that
 2791  accommodate the issues listed in subparagraphs 1.-8.
 2792         (c) As part of the workshops and public meetings, the local
 2793  government must discuss strategies for addressing the topics
 2794  discussed under paragraph (b), including:
 2795         1. Strategies to preserve open space and environmentally
 2796  sensitive lands, and to encourage a healthy agricultural
 2797  economy, including innovative planning and development
 2798  strategies, such as the transfer of development rights;
 2799         2. Incentives for mixed-use development, including
 2800  increased height and intensity standards for buildings that
 2801  provide residential use in combination with office or commercial
 2802  space;
 2803         3. Incentives for workforce housing;
 2804         4. Designation of an urban service boundary pursuant to
 2805  subsection (2); and
 2806         5. Strategies to provide mobility within the community and
 2807  to protect the Strategic Intermodal System, including the
 2808  development of a transportation corridor management plan under
 2809  s. 337.273.
 2810         (d) The community vision must reflect the community’s
 2811  shared concept for growth and development of the community,
 2812  including visual representations depicting the desired land use
 2813  patterns and character of the community during a 10-year
 2814  planning timeframe. The community vision must also take into
 2815  consideration economic viability of the vision and private
 2816  property interests.
 2817         (e) After the workshops and public meetings required under
 2818  paragraph (a) are held, the local government may amend its
 2819  comprehensive plan to include the community vision as a
 2820  component in the plan. This plan amendment must be transmitted
 2821  and adopted pursuant to the procedures in ss. 163.3184 and
 2822  163.3189 at public hearings of the governing body other than
 2823  those identified in paragraph (a).
 2824         (f) Amendments submitted under this subsection are exempt
 2825  from the limitation on the frequency of plan amendments in s.
 2826  163.3187.
 2827         (g) A local government that has developed a community
 2828  vision or completed a visioning process after July 1, 2000, and
 2829  before July 1, 2005, which substantially accomplishes the goals
 2830  set forth in this subsection and the appropriate goals,
 2831  policies, or objectives have been adopted as part of the
 2832  comprehensive plan or reflected in subsequently adopted land
 2833  development regulations and the plan amendment incorporating the
 2834  community vision as a component has been found in compliance is
 2835  eligible for the incentives in s. 163.3184(17).
 2836         (14) Local governments are also encouraged to designate an
 2837  urban service boundary. This area must be appropriate for
 2838  compact, contiguous urban development within a 10-year planning
 2839  timeframe. The urban service area boundary must be identified on
 2840  the future land use map or map series. The local government
 2841  shall demonstrate that the land included within the urban
 2842  service boundary is served or is planned to be served with
 2843  adequate public facilities and services based on the local
 2844  government’s adopted level-of-service standards by adopting a
 2845  10-year facilities plan in the capital improvements element
 2846  which is financially feasible. The local government shall
 2847  demonstrate that the amount of land within the urban service
 2848  boundary does not exceed the amount of land needed to
 2849  accommodate the projected population growth at densities
 2850  consistent with the adopted comprehensive plan within the 10
 2851  year planning timeframe.
 2852         (a) As part of the process of establishing an urban service
 2853  boundary, the local government must hold two public meetings
 2854  with at least one of those meetings before the local planning
 2855  agency. Before those public meetings, the local government must
 2856  hold at least one public workshop with stakeholder groups such
 2857  as neighborhood associations, community organizations,
 2858  businesses, private property owners, housing and development
 2859  interests, and environmental organizations.
 2860         (b)1. After the workshops and public meetings required
 2861  under paragraph (a) are held, the local government may amend its
 2862  comprehensive plan to include the urban service boundary. This
 2863  plan amendment must be transmitted and adopted pursuant to the
 2864  procedures in ss. 163.3184 and 163.3189 at meetings of the
 2865  governing body other than those required under paragraph (a).
 2866         2. This subsection does not prohibit new development
 2867  outside an urban service boundary. However, a local government
 2868  that establishes an urban service boundary under this subsection
 2869  is encouraged to require a full-cost-accounting analysis for any
 2870  new development outside the boundary and to consider the results
 2871  of that analysis when adopting a plan amendment for property
 2872  outside the established urban service boundary.
 2873         (c) Amendments submitted under this subsection are exempt
 2874  from the limitation on the frequency of plan amendments in s.
 2875  163.3187.
 2876         (d) A local government that has adopted an urban service
 2877  boundary before July 1, 2005, which substantially accomplishes
 2878  the goals set forth in this subsection is not required to comply
 2879  with paragraph (a) or subparagraph 1. of paragraph (b) in order
 2880  to be eligible for the incentives under s. 163.3184(17). In
 2881  order to satisfy the provisions of this paragraph, the local
 2882  government must secure a determination from the state land
 2883  planning agency that the urban service boundary adopted before
 2884  July 1, 2005, substantially complies with the criteria of this
 2885  subsection, based on data and analysis submitted by the local
 2886  government to support this determination. The determination by
 2887  the state land planning agency is not subject to administrative
 2888  challenge.
 2889         (7)(15)(a) The Legislature finds that:
 2890         1. There are a number of rural agricultural industrial
 2891  centers in the state that process, produce, or aid in the
 2892  production or distribution of a variety of agriculturally based
 2893  products, including, but not limited to, fruits, vegetables,
 2894  timber, and other crops, and juices, paper, and building
 2895  materials. Rural agricultural industrial centers have a
 2896  significant amount of existing associated infrastructure that is
 2897  used for processing, producing, or distributing agricultural
 2898  products.
 2899         2. Such rural agricultural industrial centers are often
 2900  located within or near communities in which the economy is
 2901  largely dependent upon agriculture and agriculturally based
 2902  products. The centers significantly enhance the economy of such
 2903  communities. However, these agriculturally based communities are
 2904  often socioeconomically challenged and designated as rural areas
 2905  of critical economic concern. If such rural agricultural
 2906  industrial centers are lost and not replaced with other job
 2907  creating enterprises, the agriculturally based communities will
 2908  lose a substantial amount of their economies.
 2909         3. The state has a compelling interest in preserving the
 2910  viability of agriculture and protecting rural agricultural
 2911  communities and the state from the economic upheaval that would
 2912  result from short-term or long-term adverse changes in the
 2913  agricultural economy. To protect these communities and promote
 2914  viable agriculture for the long term, it is essential to
 2915  encourage and permit diversification of existing rural
 2916  agricultural industrial centers by providing for jobs that are
 2917  not solely dependent upon, but are compatible with and
 2918  complement, existing agricultural industrial operations and to
 2919  encourage the creation and expansion of industries that use
 2920  agricultural products in innovative ways. However, the expansion
 2921  and diversification of these existing centers must be
 2922  accomplished in a manner that does not promote urban sprawl into
 2923  surrounding agricultural and rural areas.
 2924         (b) As used in this subsection, the term “rural
 2925  agricultural industrial center” means a developed parcel of land
 2926  in an unincorporated area on which there exists an operating
 2927  agricultural industrial facility or facilities that employ at
 2928  least 200 full-time employees in the aggregate and process and
 2929  prepare for transport a farm product, as defined in s. 163.3162,
 2930  or any biomass material that could be used, directly or
 2931  indirectly, for the production of fuel, renewable energy,
 2932  bioenergy, or alternative fuel as defined by law. The center may
 2933  also include land contiguous to the facility site which is not
 2934  used for the cultivation of crops, but on which other existing
 2935  activities essential to the operation of such facility or
 2936  facilities are located or conducted. The parcel of land must be
 2937  located within, or within 10 miles of, a rural area of critical
 2938  economic concern.
 2939         (c)1. A landowner whose land is located within a rural
 2940  agricultural industrial center may apply for an amendment to the
 2941  local government comprehensive plan for the purpose of
 2942  designating and expanding the existing agricultural industrial
 2943  uses of facilities located within the center or expanding the
 2944  existing center to include industrial uses or facilities that
 2945  are not dependent upon but are compatible with agriculture and
 2946  the existing uses and facilities. A local government
 2947  comprehensive plan amendment under this paragraph must:
 2948         a. Not increase the physical area of the existing rural
 2949  agricultural industrial center by more than 50 percent or 320
 2950  acres, whichever is greater.
 2951         b. Propose a project that would, upon completion, create at
 2952  least 50 new full-time jobs.
 2953         c. Demonstrate that sufficient infrastructure capacity
 2954  exists or will be provided to support the expanded center at the
 2955  level-of-service standards adopted in the local government
 2956  comprehensive plan.
 2957         d. Contain goals, objectives, and policies that will ensure
 2958  that any adverse environmental impacts of the expanded center
 2959  will be adequately addressed and mitigation implemented or
 2960  demonstrate that the local government comprehensive plan
 2961  contains such provisions.
 2962         2. Within 6 months after receiving an application as
 2963  provided in this paragraph, the local government shall transmit
 2964  the application to the state land planning agency for review
 2965  pursuant to this chapter together with any needed amendments to
 2966  the applicable sections of its comprehensive plan to include
 2967  goals, objectives, and policies that provide for the expansion
 2968  of rural agricultural industrial centers and discourage urban
 2969  sprawl in the surrounding areas. Such goals, objectives, and
 2970  policies must promote and be consistent with the findings in
 2971  this subsection. An amendment that meets the requirements of
 2972  this subsection is presumed not to be urban sprawl as defined in
 2973  s. 163.3164 consistent with rule 9J-5.006(5), Florida
 2974  Administrative Code. This presumption may be rebutted by a
 2975  preponderance of the evidence.
 2976         (d) This subsection does not apply to a an optional sector
 2977  plan adopted pursuant to s. 163.3245, a rural land stewardship
 2978  area designated pursuant to s. 163.3248 subsection (11), or any
 2979  comprehensive plan amendment that includes an inland port
 2980  terminal or affiliated port development.
 2981         (e) Nothing in this subsection shall be construed to confer
 2982  the status of rural area of critical economic concern, or any of
 2983  the rights or benefits derived from such status, on any land
 2984  area not otherwise designated as such pursuant to s.
 2985  288.0656(7).
 2986         Section 9. Section 163.31777, Florida Statutes, is amended
 2987  to read:
 2988         163.31777 Public schools interlocal agreement.—
 2989         (1)(a) The county and municipalities located within the
 2990  geographic area of a school district shall enter into an
 2991  interlocal agreement with the district school board which
 2992  jointly establishes the specific ways in which the plans and
 2993  processes of the district school board and the local governments
 2994  are to be coordinated. The interlocal agreements shall be
 2995  submitted to the state land planning agency and the Office of
 2996  Educational Facilities in accordance with a schedule published
 2997  by the state land planning agency.
 2998         (b) The schedule must establish staggered due dates for
 2999  submission of interlocal agreements that are executed by both
 3000  the local government and the district school board, commencing
 3001  on March 1, 2003, and concluding by December 1, 2004, and must
 3002  set the same date for all governmental entities within a school
 3003  district. However, if the county where the school district is
 3004  located contains more than 20 municipalities, the state land
 3005  planning agency may establish staggered due dates for the
 3006  submission of interlocal agreements by these municipalities. The
 3007  schedule must begin with those areas where both the number of
 3008  districtwide capital-outlay full-time-equivalent students equals
 3009  80 percent or more of the current year’s school capacity and the
 3010  projected 5-year student growth is 1,000 or greater, or where
 3011  the projected 5-year student growth rate is 10 percent or
 3012  greater.
 3013         (c) If the student population has declined over the 5-year
 3014  period preceding the due date for submittal of an interlocal
 3015  agreement by the local government and the district school board,
 3016  the local government and the district school board may petition
 3017  the state land planning agency for a waiver of one or more
 3018  requirements of subsection (2). The waiver must be granted if
 3019  the procedures called for in subsection (2) are unnecessary
 3020  because of the school district’s declining school age
 3021  population, considering the district’s 5-year facilities work
 3022  program prepared pursuant to s. 1013.35. The state land planning
 3023  agency may modify or revoke the waiver upon a finding that the
 3024  conditions upon which the waiver was granted no longer exist.
 3025  The district school board and local governments must submit an
 3026  interlocal agreement within 1 year after notification by the
 3027  state land planning agency that the conditions for a waiver no
 3028  longer exist.
 3029         (d) Interlocal agreements between local governments and
 3030  district school boards adopted pursuant to s. 163.3177 before
 3031  the effective date of this section must be updated and executed
 3032  pursuant to the requirements of this section, if necessary.
 3033  Amendments to interlocal agreements adopted pursuant to this
 3034  section must be submitted to the state land planning agency
 3035  within 30 days after execution by the parties for review
 3036  consistent with this section. Local governments and the district
 3037  school board in each school district are encouraged to adopt a
 3038  single interlocal agreement to which all join as parties. The
 3039  state land planning agency shall assemble and make available
 3040  model interlocal agreements meeting the requirements of this
 3041  section and notify local governments and, jointly with the
 3042  Department of Education, the district school boards of the
 3043  requirements of this section, the dates for compliance, and the
 3044  sanctions for noncompliance. The state land planning agency
 3045  shall be available to informally review proposed interlocal
 3046  agreements. If the state land planning agency has not received a
 3047  proposed interlocal agreement for informal review, the state
 3048  land planning agency shall, at least 60 days before the deadline
 3049  for submission of the executed agreement, renotify the local
 3050  government and the district school board of the upcoming
 3051  deadline and the potential for sanctions.
 3052         (2) At a minimum, the interlocal agreement must address
 3053  interlocal-agreement requirements in s. 163.3180(13)(g), except
 3054  for exempt local governments as provided in s. 163.3177(12), and
 3055  must address the following issues:
 3056         (a) A process by which each local government and the
 3057  district school board agree and base their plans on consistent
 3058  projections of the amount, type, and distribution of population
 3059  growth and student enrollment. The geographic distribution of
 3060  jurisdiction-wide growth forecasts is a major objective of the
 3061  process.
 3062         (b) A process to coordinate and share information relating
 3063  to existing and planned public school facilities, including
 3064  school renovations and closures, and local government plans for
 3065  development and redevelopment.
 3066         (c) Participation by affected local governments with the
 3067  district school board in the process of evaluating potential
 3068  school closures, significant renovations to existing schools,
 3069  and new school site selection before land acquisition. Local
 3070  governments shall advise the district school board as to the
 3071  consistency of the proposed closure, renovation, or new site
 3072  with the local comprehensive plan, including appropriate
 3073  circumstances and criteria under which a district school board
 3074  may request an amendment to the comprehensive plan for school
 3075  siting.
 3076         (d) A process for determining the need for and timing of
 3077  onsite and offsite improvements to support new, proposed
 3078  expansion, or redevelopment of existing schools. The process
 3079  must address identification of the party or parties responsible
 3080  for the improvements.
 3081         (e) A process for the school board to inform the local
 3082  government regarding the effect of comprehensive plan amendments
 3083  on school capacity. The capacity reporting must be consistent
 3084  with laws and rules relating to measurement of school facility
 3085  capacity and must also identify how the district school board
 3086  will meet the public school demand based on the facilities work
 3087  program adopted pursuant to s. 1013.35.
 3088         (f) Participation of the local governments in the
 3089  preparation of the annual update to the district school board’s
 3090  5-year district facilities work program and educational plant
 3091  survey prepared pursuant to s. 1013.35.
 3092         (g) A process for determining where and how joint use of
 3093  either school board or local government facilities can be shared
 3094  for mutual benefit and efficiency.
 3095         (h) A procedure for the resolution of disputes between the
 3096  district school board and local governments, which may include
 3097  the dispute resolution processes contained in chapters 164 and
 3098  186.
 3099         (i) An oversight process, including an opportunity for
 3100  public participation, for the implementation of the interlocal
 3101  agreement.
 3102         (3)(a) The Office of Educational Facilities shall submit
 3103  any comments or concerns regarding the executed interlocal
 3104  agreement to the state land planning agency within 30 days after
 3105  receipt of the executed interlocal agreement. The state land
 3106  planning agency shall review the executed interlocal agreement
 3107  to determine whether it is consistent with the requirements of
 3108  subsection (2), the adopted local government comprehensive plan,
 3109  and other requirements of law. Within 60 days after receipt of
 3110  an executed interlocal agreement, the state land planning agency
 3111  shall publish a notice of intent in the Florida Administrative
 3112  Weekly and shall post a copy of the notice on the agency’s
 3113  Internet site. The notice of intent must state whether the
 3114  interlocal agreement is consistent or inconsistent with the
 3115  requirements of subsection (2) and this subsection, as
 3116  appropriate.
 3117         (b) The state land planning agency’s notice is subject to
 3118  challenge under chapter 120; however, an affected person, as
 3119  defined in s. 163.3184(1)(a), has standing to initiate the
 3120  administrative proceeding, and this proceeding is the sole means
 3121  available to challenge the consistency of an interlocal
 3122  agreement required by this section with the criteria contained
 3123  in subsection (2) and this subsection. In order to have
 3124  standing, each person must have submitted oral or written
 3125  comments, recommendations, or objections to the local government
 3126  or the school board before the adoption of the interlocal
 3127  agreement by the school board and local government. The district
 3128  school board and local governments are parties to any such
 3129  proceeding. In this proceeding, when the state land planning
 3130  agency finds the interlocal agreement to be consistent with the
 3131  criteria in subsection (2) and this subsection, the interlocal
 3132  agreement shall be determined to be consistent with subsection
 3133  (2) and this subsection if the local government’s and school
 3134  board’s determination of consistency is fairly debatable. When
 3135  the state planning agency finds the interlocal agreement to be
 3136  inconsistent with the requirements of subsection (2) and this
 3137  subsection, the local government’s and school board’s
 3138  determination of consistency shall be sustained unless it is
 3139  shown by a preponderance of the evidence that the interlocal
 3140  agreement is inconsistent.
 3141         (c) If the state land planning agency enters a final order
 3142  that finds that the interlocal agreement is inconsistent with
 3143  the requirements of subsection (2) or this subsection, it shall
 3144  forward it to the Administration Commission, which may impose
 3145  sanctions against the local government pursuant to s.
 3146  163.3184(11) and may impose sanctions against the district
 3147  school board by directing the Department of Education to
 3148  withhold from the district school board an equivalent amount of
 3149  funds for school construction available pursuant to ss. 1013.65,
 3150  1013.68, 1013.70, and 1013.72.
 3151         (4) If an executed interlocal agreement is not timely
 3152  submitted to the state land planning agency for review, the
 3153  state land planning agency shall, within 15 working days after
 3154  the deadline for submittal, issue to the local government and
 3155  the district school board a Notice to Show Cause why sanctions
 3156  should not be imposed for failure to submit an executed
 3157  interlocal agreement by the deadline established by the agency.
 3158  The agency shall forward the notice and the responses to the
 3159  Administration Commission, which may enter a final order citing
 3160  the failure to comply and imposing sanctions against the local
 3161  government and district school board by directing the
 3162  appropriate agencies to withhold at least 5 percent of state
 3163  funds pursuant to s. 163.3184(11) and by directing the
 3164  Department of Education to withhold from the district school
 3165  board at least 5 percent of funds for school construction
 3166  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 3167  1013.72.
 3168         (5) Any local government transmitting a public school
 3169  element to implement school concurrency pursuant to the
 3170  requirements of s. 163.3180 before the effective date of this
 3171  section is not required to amend the element or any interlocal
 3172  agreement to conform with the provisions of this section if the
 3173  element is adopted prior to or within 1 year after the effective
 3174  date of this section and remains in effect until the county
 3175  conducts its evaluation and appraisal report and identifies
 3176  changes necessary to more fully conform to the provisions of
 3177  this section.
 3178         (6) Except as provided in subsection (7), municipalities
 3179  meeting the exemption criteria in s. 163.3177(12) are exempt
 3180  from the requirements of subsections (1), (2), and (3).
 3181         (7) At the time of the evaluation and appraisal report,
 3182  each exempt municipality shall assess the extent to which it
 3183  continues to meet the criteria for exemption under s.
 3184  163.3177(12). If the municipality continues to meet these
 3185  criteria, the municipality shall continue to be exempt from the
 3186  interlocal-agreement requirement. Each municipality exempt under
 3187  s. 163.3177(12) must comply with the provisions of this section
 3188  within 1 year after the district school board proposes, in its
 3189  5-year district facilities work program, a new school within the
 3190  municipality’s jurisdiction.
 3191         Section 10. Subsection (9) of section 163.3178, Florida
 3192  Statutes, is amended to read:
 3193         163.3178 Coastal management.—
 3194         (9)(a) Local governments may elect to comply with rule 9J
 3195  5.012(3)(b)6. and 7., Florida Administrative Code, through the
 3196  process provided in this section. A proposed comprehensive plan
 3197  amendment shall be found in compliance with state coastal high
 3198  hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
 3199  Florida Administrative Code, if:
 3200         1. The adopted level of service for out-of-county hurricane
 3201  evacuation is maintained for a category 5 storm event as
 3202  measured on the Saffir-Simpson scale;
 3203         2. A 12-hour evacuation time to shelter is maintained for a
 3204  category 5 storm event as measured on the Saffir-Simpson scale
 3205  and shelter space reasonably expected to accommodate the
 3206  residents of the development contemplated by a proposed
 3207  comprehensive plan amendment is available; or
 3208         3. Appropriate mitigation is provided that will satisfy the
 3209  provisions of subparagraph 1. or subparagraph 2. Appropriate
 3210  mitigation shall include, without limitation, payment of money,
 3211  contribution of land, and construction of hurricane shelters and
 3212  transportation facilities. Required mitigation shall not exceed
 3213  the amount required for a developer to accommodate impacts
 3214  reasonably attributable to development. A local government and a
 3215  developer shall enter into a binding agreement to memorialize
 3216  the mitigation plan.
 3217         (b) For those local governments that have not established a
 3218  level of service for out-of-county hurricane evacuation by July
 3219  1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,
 3220  Florida Administrative Code, by following the process in
 3221  paragraph (a), the level of service shall be no greater than 16
 3222  hours for a category 5 storm event as measured on the Saffir
 3223  Simpson scale.
 3224         (c) This subsection shall become effective immediately and
 3225  shall apply to all local governments. No later than July 1,
 3226  2008, local governments shall amend their future land use map
 3227  and coastal management element to include the new definition of
 3228  coastal high-hazard area and to depict the coastal high-hazard
 3229  area on the future land use map.
 3230         Section 11. Section 163.3180, Florida Statutes, is amended
 3231  to read:
 3232         163.3180 Concurrency.—
 3233         (1)(a) Sanitary sewer, solid waste, drainage, and potable
 3234  water, parks and recreation, schools, and transportation
 3235  facilities, including mass transit, where applicable, are the
 3236  only public facilities and services subject to the concurrency
 3237  requirement on a statewide basis. Additional public facilities
 3238  and services may not be made subject to concurrency on a
 3239  statewide basis without appropriate study and approval by the
 3240  Legislature; however, any local government may extend the
 3241  concurrency requirement so that it applies to additional public
 3242  facilities within its jurisdiction. If concurrency is applied to
 3243  other public facilities, the local government comprehensive plan
 3244  must provide the principles, guidelines, standards, and
 3245  strategies, including adopted levels of service, to guide its
 3246  application. In order for a local government to rescind any
 3247  optional concurrency provisions, a comprehensive plan amendment
 3248  is required. An amendment rescinding optional concurrency issues
 3249  is not subject to state review. The local government
 3250  comprehensive plan must demonstrate, for required or optional
 3251  concurrency requirements, that the levels of service adopted can
 3252  be reasonably met. Infrastructure needed to ensure that adopted
 3253  level-of-service standards are achieved and maintained for the
 3254  5-year period of the capital improvement schedule must be
 3255  identified pursuant to the requirements of s. 163.3177(3).
 3256         (b) Local governments shall use professionally accepted
 3257  techniques for measuring level of service for automobiles,
 3258  bicycles, pedestrians, transit, and trucks. These techniques may
 3259  be used to evaluate increased accessibility by multiple modes
 3260  and reductions in vehicle miles of travel in an area or zone.
 3261  The Department of Transportation shall develop methodologies to
 3262  assist local governments in implementing this multimodal level
 3263  of-service analysis. The Department of Community Affairs and the
 3264  Department of Transportation shall provide technical assistance
 3265  to local governments in applying these methodologies.
 3266         (2)(a) Consistent with public health and safety, sanitary
 3267  sewer, solid waste, drainage, adequate water supplies, and
 3268  potable water facilities shall be in place and available to
 3269  serve new development no later than the issuance by the local
 3270  government of a certificate of occupancy or its functional
 3271  equivalent. Prior to approval of a building permit or its
 3272  functional equivalent, the local government shall consult with
 3273  the applicable water supplier to determine whether adequate
 3274  water supplies to serve the new development will be available no
 3275  later than the anticipated date of issuance by the local
 3276  government of a certificate of occupancy or its functional
 3277  equivalent. A local government may meet the concurrency
 3278  requirement for sanitary sewer through the use of onsite sewage
 3279  treatment and disposal systems approved by the Department of
 3280  Health to serve new development.
 3281         (b) Consistent with the public welfare, and except as
 3282  otherwise provided in this section, parks and recreation
 3283  facilities to serve new development shall be in place or under
 3284  actual construction no later than 1 year after issuance by the
 3285  local government of a certificate of occupancy or its functional
 3286  equivalent. However, the acreage for such facilities shall be
 3287  dedicated or be acquired by the local government prior to
 3288  issuance by the local government of a certificate of occupancy
 3289  or its functional equivalent, or funds in the amount of the
 3290  developer’s fair share shall be committed no later than the
 3291  local government’s approval to commence construction.
 3292         (c) Consistent with the public welfare, and except as
 3293  otherwise provided in this section, transportation facilities
 3294  needed to serve new development shall be in place or under
 3295  actual construction within 3 years after the local government
 3296  approves a building permit or its functional equivalent that
 3297  results in traffic generation.
 3298         (3) Governmental entities that are not responsible for
 3299  providing, financing, operating, or regulating public facilities
 3300  needed to serve development may not establish binding level-of
 3301  service standards on governmental entities that do bear those
 3302  responsibilities. This subsection does not limit the authority
 3303  of any agency to recommend or make objections, recommendations,
 3304  comments, or determinations during reviews conducted under s.
 3305  163.3184.
 3306         (4)(a) The concurrency requirement as implemented in local
 3307  comprehensive plans applies to state and other public facilities
 3308  and development to the same extent that it applies to all other
 3309  facilities and development, as provided by law.
 3310         (b) The concurrency requirement as implemented in local
 3311  comprehensive plans does not apply to public transit facilities.
 3312  For the purposes of this paragraph, public transit facilities
 3313  include transit stations and terminals; transit station parking;
 3314  park-and-ride lots; intermodal public transit connection or
 3315  transfer facilities; fixed bus, guideway, and rail stations; and
 3316  airport passenger terminals and concourses, air cargo
 3317  facilities, and hangars for the assembly, manufacture,
 3318  maintenance, or storage of aircraft. As used in this paragraph,
 3319  the terms “terminals” and “transit facilities” do not include
 3320  seaports or commercial or residential development constructed in
 3321  conjunction with a public transit facility.
 3322         (c) The concurrency requirement, except as it relates to
 3323  transportation facilities and public schools, as implemented in
 3324  local government comprehensive plans, may be waived by a local
 3325  government for urban infill and redevelopment areas designated
 3326  pursuant to s. 163.2517 if such a waiver does not endanger
 3327  public health or safety as defined by the local government in
 3328  its local government comprehensive plan. The waiver shall be
 3329  adopted as a plan amendment pursuant to the process set forth in
 3330  s. 163.3187(3)(a). A local government may grant a concurrency
 3331  exception pursuant to subsection (5) for transportation
 3332  facilities located within these urban infill and redevelopment
 3333  areas.
 3334         (5)(a) If concurrency is applied to transportation
 3335  facilities, the local government comprehensive plan must provide
 3336  the principles, guidelines, standards, and strategies, including
 3337  adopted levels of service to guide its application.
 3338         (b) Local governments shall use professionally accepted
 3339  studies to determine appropriate levels of service, which shall
 3340  be based on a schedule of facilities that will be necessary to
 3341  meet level-of-service demands reflected in the capital
 3342  improvement element.
 3343         (c) Local governments shall use professionally accepted
 3344  techniques for measuring levels of service when evaluating
 3345  potential impacts of a proposed development.
 3346         (d) The premise of concurrency is that the public
 3347  facilities will be provided in order to achieve and maintain the
 3348  adopted level-of-service standard. A comprehensive plan that
 3349  imposes transportation concurrency shall contain appropriate
 3350  amendments to the capital improvements element of the
 3351  comprehensive plan, consistent with the requirements of s.
 3352  163.3177(3). The capital improvements element shall identify
 3353  facilities necessary to meet adopted levels of service during a
 3354  5-year period.
 3355         (e) If a local government applies transportation
 3356  concurrency in its jurisdiction, it is encouraged to develop
 3357  policy guidelines and techniques to address potential negative
 3358  impacts on future development:
 3359         1. In urban infill and redevelopment and urban service
 3360  areas.
 3361         2. With special part-time demands on the transportation
 3362  system.
 3363         3. With de minimis impacts.
 3364         4. On community desired types of development, such as
 3365  redevelopment or job-creation projects.
 3366         (f) Local governments are encouraged to develop tools and
 3367  techniques to complement the application of transportation
 3368  concurrency such as:
 3369         1. Adoption of long-term strategies to facilitate
 3370  development patterns that support multimodal solutions,
 3371  including urban design and appropriate land use mixes, including
 3372  intensity and density.
 3373         2. Adoption of an areawide level of service not dependent
 3374  on any single road segment function.
 3375         3. Exempting or discounting impacts of locally desired
 3376  development, such as development in urban areas, redevelopment,
 3377  job creation, and mixed use on the transportation system.
 3378         4. Assigning secondary priority to vehicle mobility and
 3379  primary priority to ensuring a safe, comfortable, and attractive
 3380  pedestrian environment, with convenient interconnection to
 3381  transit.
 3382         5. Establishing multimodal level-of-service standards that
 3383  rely primarily on nonvehicular modes of transportation where
 3384  existing or planned community design will provide adequate level
 3385  of mobility.
 3386         6. Reducing impact fees or local access fees to promote
 3387  development within urban areas, multimodal transportation
 3388  districts, and a balance of mixed use development in certain
 3389  areas or districts, or for affordable or workforce housing.
 3390         (g) Local governments are encouraged to coordinate with
 3391  adjacent local governments for the purpose of using common
 3392  methodologies for measuring impacts on transportation
 3393  facilities.
 3394         (h) Local governments that implement transportation
 3395  concurrency must:
 3396         1. Consult with the Department of Transportation when
 3397  proposed plan amendments affect facilities on the strategic
 3398  intermodal system.
 3399         2. Exempt public transit facilities from concurrency. For
 3400  the purposes of this subparagraph, public transit facilities
 3401  include transit stations and terminals; transit station parking;
 3402  park-and-ride lots; intermodal public transit connection or
 3403  transfer facilities; fixed bus, guideway, and rail stations; and
 3404  airport passenger terminals and concourses, air cargo
 3405  facilities, and hangars for the assembly, manufacture,
 3406  maintenance, or storage of aircraft. As used in this
 3407  subparagraph, the terms “terminals” and “transit facilities” do
 3408  not include seaports or commercial or residential development
 3409  constructed in conjunction with a public transit facility.
 3410         3. Allow an applicant for a development of regional impact
 3411  development order, a rezoning, or other land use development
 3412  permit to satisfy the transportation concurrency requirements of
 3413  the local comprehensive plan, the local government’s concurrency
 3414  management system, and s. 380.06, when applicable, if:
 3415         a. The applicant enters into a binding agreement to pay for
 3416  or construct its proportionate share of required improvements.
 3417         b. The proportionate-share contribution or construction is
 3418  sufficient to accomplish one or more mobility improvements that
 3419  will benefit a regionally significant transportation facility.
 3420         c. The local government has provided a means by which the
 3421  landowner will be assessed a proportionate share of the cost of
 3422  providing the transportation facilities necessary to serve the
 3423  proposed development.
 3424  
 3425  When an applicant contributes or constructs its proportionate
 3426  share, pursuant to this subparagraph, a local government may not
 3427  require payment or construction of transportation facilities
 3428  whose costs would be greater than a development’s proportionate
 3429  share of the improvements necessary to mitigate the
 3430  development’s impacts. The proportionate-share contribution
 3431  shall be calculated based upon the number of trips from the
 3432  proposed development expected to reach roadways during the peak
 3433  hour from the stage or phase being approved, divided by the
 3434  change in the peak hour maximum service volume of roadways
 3435  resulting from construction of an improvement necessary to
 3436  maintain or achieve the adopted level of service, multiplied by
 3437  the construction cost, at the time of development payment, of
 3438  the improvement necessary to maintain or achieve the adopted
 3439  level of service. When the provisions of this subparagraph have
 3440  been satisfied for a particular stage or phase of development,
 3441  all transportation impacts from that stage or phase shall be
 3442  deemed fully mitigated in any cumulative transportation analysis
 3443  for a subsequent stage or phase of development. In projecting
 3444  the number of trips to be generated by the development under
 3445  review, any trips assigned to a toll-financed facility shall be
 3446  eliminated from the analysis. The applicant is not responsible
 3447  for the cost of reducing or eliminating deficits that exist
 3448  prior to the filing of the application and shall receive a
 3449  credit on a dollar-for-dollar basis for transportation impact
 3450  fees payable in the future for the project. This subparagraph
 3451  does not require a local government to approve a development
 3452  that is not otherwise qualified for approval pursuant to the
 3453  applicable local comprehensive plan and land development
 3454  regulations.
 3455         (a) The Legislature finds that under limited circumstances,
 3456  countervailing planning and public policy goals may come into
 3457  conflict with the requirement that adequate public
 3458  transportation facilities and services be available concurrent
 3459  with the impacts of such development. The Legislature further
 3460  finds that the unintended result of the concurrency requirement
 3461  for transportation facilities is often the discouragement of
 3462  urban infill development and redevelopment. Such unintended
 3463  results directly conflict with the goals and policies of the
 3464  state comprehensive plan and the intent of this part. The
 3465  Legislature also finds that in urban centers transportation
 3466  cannot be effectively managed and mobility cannot be improved
 3467  solely through the expansion of roadway capacity, that the
 3468  expansion of roadway capacity is not always physically or
 3469  financially possible, and that a range of transportation
 3470  alternatives is essential to satisfy mobility needs, reduce
 3471  congestion, and achieve healthy, vibrant centers.
 3472         (b)1. The following are transportation concurrency
 3473  exception areas:
 3474         a. A municipality that qualifies as a dense urban land area
 3475  under s. 163.3164;
 3476         b. An urban service area under s. 163.3164 that has been
 3477  adopted into the local comprehensive plan and is located within
 3478  a county that qualifies as a dense urban land area under s.
 3479  163.3164; and
 3480         c. A county, including the municipalities located therein,
 3481  which has a population of at least 900,000 and qualifies as a
 3482  dense urban land area under s. 163.3164, but does not have an
 3483  urban service area designated in the local comprehensive plan.
 3484         2. A municipality that does not qualify as a dense urban
 3485  land area pursuant to s. 163.3164 may designate in its local
 3486  comprehensive plan the following areas as transportation
 3487  concurrency exception areas:
 3488         a. Urban infill as defined in s. 163.3164;
 3489         b. Community redevelopment areas as defined in s. 163.340;
 3490         c. Downtown revitalization areas as defined in s. 163.3164;
 3491         d. Urban infill and redevelopment under s. 163.2517; or
 3492         e. Urban service areas as defined in s. 163.3164 or areas
 3493  within a designated urban service boundary under s.
 3494  163.3177(14).
 3495         3. A county that does not qualify as a dense urban land
 3496  area pursuant to s. 163.3164 may designate in its local
 3497  comprehensive plan the following areas as transportation
 3498  concurrency exception areas:
 3499         a. Urban infill as defined in s. 163.3164;
 3500         b. Urban infill and redevelopment under s. 163.2517; or
 3501         c. Urban service areas as defined in s. 163.3164.
 3502         4. A local government that has a transportation concurrency
 3503  exception area designated pursuant to subparagraph 1.,
 3504  subparagraph 2., or subparagraph 3. shall, within 2 years after
 3505  the designated area becomes exempt, adopt into its local
 3506  comprehensive plan land use and transportation strategies to
 3507  support and fund mobility within the exception area, including
 3508  alternative modes of transportation. Local governments are
 3509  encouraged to adopt complementary land use and transportation
 3510  strategies that reflect the region’s shared vision for its
 3511  future. If the state land planning agency finds insufficient
 3512  cause for the failure to adopt into its comprehensive plan land
 3513  use and transportation strategies to support and fund mobility
 3514  within the designated exception area after 2 years, it shall
 3515  submit the finding to the Administration Commission, which may
 3516  impose any of the sanctions set forth in s. 163.3184(11)(a) and
 3517  (b) against the local government.
 3518         5. Transportation concurrency exception areas designated
 3519  pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
 3520  do not apply to designated transportation concurrency districts
 3521  located within a county that has a population of at least 1.5
 3522  million, has implemented and uses a transportation-related
 3523  concurrency assessment to support alternative modes of
 3524  transportation, including, but not limited to, mass transit, and
 3525  does not levy transportation impact fees within the concurrency
 3526  district.
 3527         6. Transportation concurrency exception areas designated
 3528  under subparagraph 1., subparagraph 2., or subparagraph 3. do
 3529  not apply in any county that has exempted more than 40 percent
 3530  of the area inside the urban service area from transportation
 3531  concurrency for the purpose of urban infill.
 3532         7. A local government that does not have a transportation
 3533  concurrency exception area designated pursuant to subparagraph
 3534  1., subparagraph 2., or subparagraph 3. may grant an exception
 3535  from the concurrency requirement for transportation facilities
 3536  if the proposed development is otherwise consistent with the
 3537  adopted local government comprehensive plan and is a project
 3538  that promotes public transportation or is located within an area
 3539  designated in the comprehensive plan for:
 3540         a. Urban infill development;
 3541         b. Urban redevelopment;
 3542         c. Downtown revitalization;
 3543         d. Urban infill and redevelopment under s. 163.2517; or
 3544         e. An urban service area specifically designated as a
 3545  transportation concurrency exception area which includes lands
 3546  appropriate for compact, contiguous urban development, which
 3547  does not exceed the amount of land needed to accommodate the
 3548  projected population growth at densities consistent with the
 3549  adopted comprehensive plan within the 10-year planning period,
 3550  and which is served or is planned to be served with public
 3551  facilities and services as provided by the capital improvements
 3552  element.
 3553         (c) The Legislature also finds that developments located
 3554  within urban infill, urban redevelopment, urban service, or
 3555  downtown revitalization areas or areas designated as urban
 3556  infill and redevelopment areas under s. 163.2517, which pose
 3557  only special part-time demands on the transportation system, are
 3558  exempt from the concurrency requirement for transportation
 3559  facilities. A special part-time demand is one that does not have
 3560  more than 200 scheduled events during any calendar year and does
 3561  not affect the 100 highest traffic volume hours.
 3562         (d) Except for transportation concurrency exception areas
 3563  designated pursuant to subparagraph (b)1., subparagraph (b)2.,
 3564  or subparagraph (b)3., the following requirements apply:
 3565         1. The local government shall both adopt into the
 3566  comprehensive plan and implement long-term strategies to support
 3567  and fund mobility within the designated exception area,
 3568  including alternative modes of transportation. The plan
 3569  amendment must also demonstrate how strategies will support the
 3570  purpose of the exception and how mobility within the designated
 3571  exception area will be provided.
 3572         2. The strategies must address urban design; appropriate
 3573  land use mixes, including intensity and density; and network
 3574  connectivity plans needed to promote urban infill,
 3575  redevelopment, or downtown revitalization. The comprehensive
 3576  plan amendment designating the concurrency exception area must
 3577  be accompanied by data and analysis supporting the local
 3578  government’s determination of the boundaries of the
 3579  transportation concurrency exception area.
 3580         (e) Before designating a concurrency exception area
 3581  pursuant to subparagraph (b)7., the state land planning agency
 3582  and the Department of Transportation shall be consulted by the
 3583  local government to assess the impact that the proposed
 3584  exception area is expected to have on the adopted level-of
 3585  service standards established for regional transportation
 3586  facilities identified pursuant to s. 186.507, including the
 3587  Strategic Intermodal System and roadway facilities funded in
 3588  accordance with s. 339.2819. Further, the local government shall
 3589  provide a plan for the mitigation of impacts to the Strategic
 3590  Intermodal System, including, if appropriate, access management,
 3591  parallel reliever roads, transportation demand management, and
 3592  other measures.
 3593         (f) The designation of a transportation concurrency
 3594  exception area does not limit a local government’s home rule
 3595  power to adopt ordinances or impose fees. This subsection does
 3596  not affect any contract or agreement entered into or development
 3597  order rendered before the creation of the transportation
 3598  concurrency exception area except as provided in s.
 3599  380.06(29)(e).
 3600         (g) The Office of Program Policy Analysis and Government
 3601  Accountability shall submit to the President of the Senate and
 3602  the Speaker of the House of Representatives by February 1, 2015,
 3603  a report on transportation concurrency exception areas created
 3604  pursuant to this subsection. At a minimum, the report shall
 3605  address the methods that local governments have used to
 3606  implement and fund transportation strategies to achieve the
 3607  purposes of designated transportation concurrency exception
 3608  areas, and the effects of the strategies on mobility,
 3609  congestion, urban design, the density and intensity of land use
 3610  mixes, and network connectivity plans used to promote urban
 3611  infill, redevelopment, or downtown revitalization.
 3612         (6) The Legislature finds that a de minimis impact is
 3613  consistent with this part. A de minimis impact is an impact that
 3614  would not affect more than 1 percent of the maximum volume at
 3615  the adopted level of service of the affected transportation
 3616  facility as determined by the local government. No impact will
 3617  be de minimis if the sum of existing roadway volumes and the
 3618  projected volumes from approved projects on a transportation
 3619  facility would exceed 110 percent of the maximum volume at the
 3620  adopted level of service of the affected transportation
 3621  facility; provided however, that an impact of a single family
 3622  home on an existing lot will constitute a de minimis impact on
 3623  all roadways regardless of the level of the deficiency of the
 3624  roadway. Further, no impact will be de minimis if it would
 3625  exceed the adopted level-of-service standard of any affected
 3626  designated hurricane evacuation routes. Each local government
 3627  shall maintain sufficient records to ensure that the 110-percent
 3628  criterion is not exceeded. Each local government shall submit
 3629  annually, with its updated capital improvements element, a
 3630  summary of the de minimis records. If the state land planning
 3631  agency determines that the 110-percent criterion has been
 3632  exceeded, the state land planning agency shall notify the local
 3633  government of the exceedance and that no further de minimis
 3634  exceptions for the applicable roadway may be granted until such
 3635  time as the volume is reduced below the 110 percent. The local
 3636  government shall provide proof of this reduction to the state
 3637  land planning agency before issuing further de minimis
 3638  exceptions.
 3639         (7) In order to promote infill development and
 3640  redevelopment, one or more transportation concurrency management
 3641  areas may be designated in a local government comprehensive
 3642  plan. A transportation concurrency management area must be a
 3643  compact geographic area with an existing network of roads where
 3644  multiple, viable alternative travel paths or modes are available
 3645  for common trips. A local government may establish an areawide
 3646  level-of-service standard for such a transportation concurrency
 3647  management area based upon an analysis that provides for a
 3648  justification for the areawide level of service, how urban
 3649  infill development or redevelopment will be promoted, and how
 3650  mobility will be accomplished within the transportation
 3651  concurrency management area. Prior to the designation of a
 3652  concurrency management area, the Department of Transportation
 3653  shall be consulted by the local government to assess the impact
 3654  that the proposed concurrency management area is expected to
 3655  have on the adopted level-of-service standards established for
 3656  Strategic Intermodal System facilities, as defined in s. 339.64,
 3657  and roadway facilities funded in accordance with s. 339.2819.
 3658  Further, the local government shall, in cooperation with the
 3659  Department of Transportation, develop a plan to mitigate any
 3660  impacts to the Strategic Intermodal System, including, if
 3661  appropriate, the development of a long-term concurrency
 3662  management system pursuant to subsection (9) and s.
 3663  163.3177(3)(d). Transportation concurrency management areas
 3664  existing prior to July 1, 2005, shall meet, at a minimum, the
 3665  provisions of this section by July 1, 2006, or at the time of
 3666  the comprehensive plan update pursuant to the evaluation and
 3667  appraisal report, whichever occurs last. The state land planning
 3668  agency shall amend chapter 9J-5, Florida Administrative Code, to
 3669  be consistent with this subsection.
 3670         (8) When assessing the transportation impacts of proposed
 3671  urban redevelopment within an established existing urban service
 3672  area, 110 percent of the actual transportation impact caused by
 3673  the previously existing development must be reserved for the
 3674  redevelopment, even if the previously existing development has a
 3675  lesser or nonexisting impact pursuant to the calculations of the
 3676  local government. Redevelopment requiring less than 110 percent
 3677  of the previously existing capacity shall not be prohibited due
 3678  to the reduction of transportation levels of service below the
 3679  adopted standards. This does not preclude the appropriate
 3680  assessment of fees or accounting for the impacts within the
 3681  concurrency management system and capital improvements program
 3682  of the affected local government. This paragraph does not affect
 3683  local government requirements for appropriate development
 3684  permits.
 3685         (9)(a) Each local government may adopt as a part of its
 3686  plan, long-term transportation and school concurrency management
 3687  systems with a planning period of up to 10 years for specially
 3688  designated districts or areas where significant backlogs exist.
 3689  The plan may include interim level-of-service standards on
 3690  certain facilities and shall rely on the local government’s
 3691  schedule of capital improvements for up to 10 years as a basis
 3692  for issuing development orders that authorize commencement of
 3693  construction in these designated districts or areas. The
 3694  concurrency management system must be designed to correct
 3695  existing deficiencies and set priorities for addressing
 3696  backlogged facilities. The concurrency management system must be
 3697  financially feasible and consistent with other portions of the
 3698  adopted local plan, including the future land use map.
 3699         (b) If a local government has a transportation or school
 3700  facility backlog for existing development which cannot be
 3701  adequately addressed in a 10-year plan, the state land planning
 3702  agency may allow it to develop a plan and long-term schedule of
 3703  capital improvements covering up to 15 years for good and
 3704  sufficient cause, based on a general comparison between that
 3705  local government and all other similarly situated local
 3706  jurisdictions, using the following factors:
 3707         1. The extent of the backlog.
 3708         2. For roads, whether the backlog is on local or state
 3709  roads.
 3710         3. The cost of eliminating the backlog.
 3711         4. The local government’s tax and other revenue-raising
 3712  efforts.
 3713         (c) The local government may issue approvals to commence
 3714  construction notwithstanding this section, consistent with and
 3715  in areas that are subject to a long-term concurrency management
 3716  system.
 3717         (d) If the local government adopts a long-term concurrency
 3718  management system, it must evaluate the system periodically. At
 3719  a minimum, the local government must assess its progress toward
 3720  improving levels of service within the long-term concurrency
 3721  management district or area in the evaluation and appraisal
 3722  report and determine any changes that are necessary to
 3723  accelerate progress in meeting acceptable levels of service.
 3724         (10) Except in transportation concurrency exception areas,
 3725  with regard to roadway facilities on the Strategic Intermodal
 3726  System designated in accordance with s. 339.63, local
 3727  governments shall adopt the level-of-service standard
 3728  established by the Department of Transportation by rule.
 3729  However, if the Office of Tourism, Trade, and Economic
 3730  Development concurs in writing with the local government that
 3731  the proposed development is for a qualified job creation project
 3732  under s. 288.0656 or s. 403.973, the affected local government,
 3733  after consulting with the Department of Transportation, may
 3734  provide for a waiver of transportation concurrency for the
 3735  project. For all other roads on the State Highway System, local
 3736  governments shall establish an adequate level-of-service
 3737  standard that need not be consistent with any level-of-service
 3738  standard established by the Department of Transportation. In
 3739  establishing adequate level-of-service standards for any
 3740  arterial roads, or collector roads as appropriate, which
 3741  traverse multiple jurisdictions, local governments shall
 3742  consider compatibility with the roadway facility’s adopted
 3743  level-of-service standards in adjacent jurisdictions. Each local
 3744  government within a county shall use a professionally accepted
 3745  methodology for measuring impacts on transportation facilities
 3746  for the purposes of implementing its concurrency management
 3747  system. Counties are encouraged to coordinate with adjacent
 3748  counties, and local governments within a county are encouraged
 3749  to coordinate, for the purpose of using common methodologies for
 3750  measuring impacts on transportation facilities for the purpose
 3751  of implementing their concurrency management systems.
 3752         (11) In order to limit the liability of local governments,
 3753  a local government may allow a landowner to proceed with
 3754  development of a specific parcel of land notwithstanding a
 3755  failure of the development to satisfy transportation
 3756  concurrency, when all the following factors are shown to exist:
 3757         (a) The local government with jurisdiction over the
 3758  property has adopted a local comprehensive plan that is in
 3759  compliance.
 3760         (b) The proposed development would be consistent with the
 3761  future land use designation for the specific property and with
 3762  pertinent portions of the adopted local plan, as determined by
 3763  the local government.
 3764         (c) The local plan includes a financially feasible capital
 3765  improvements element that provides for transportation facilities
 3766  adequate to serve the proposed development, and the local
 3767  government has not implemented that element.
 3768         (d) The local government has provided a means by which the
 3769  landowner will be assessed a fair share of the cost of providing
 3770  the transportation facilities necessary to serve the proposed
 3771  development.
 3772         (e) The landowner has made a binding commitment to the
 3773  local government to pay the fair share of the cost of providing
 3774  the transportation facilities to serve the proposed development.
 3775         (12)(a) A development of regional impact may satisfy the
 3776  transportation concurrency requirements of the local
 3777  comprehensive plan, the local government’s concurrency
 3778  management system, and s. 380.06 by payment of a proportionate
 3779  share contribution for local and regionally significant traffic
 3780  impacts, if:
 3781         1. The development of regional impact which, based on its
 3782  location or mix of land uses, is designed to encourage
 3783  pedestrian or other nonautomotive modes of transportation;
 3784         2. The proportionate-share contribution for local and
 3785  regionally significant traffic impacts is sufficient to pay for
 3786  one or more required mobility improvements that will benefit a
 3787  regionally significant transportation facility;
 3788         3. The owner and developer of the development of regional
 3789  impact pays or assures payment of the proportionate-share
 3790  contribution; and
 3791         4. If the regionally significant transportation facility to
 3792  be constructed or improved is under the maintenance authority of
 3793  a governmental entity, as defined by s. 334.03(12), other than
 3794  the local government with jurisdiction over the development of
 3795  regional impact, the developer is required to enter into a
 3796  binding and legally enforceable commitment to transfer funds to
 3797  the governmental entity having maintenance authority or to
 3798  otherwise assure construction or improvement of the facility.
 3799  
 3800  The proportionate-share contribution may be applied to any
 3801  transportation facility to satisfy the provisions of this
 3802  subsection and the local comprehensive plan, but, for the
 3803  purposes of this subsection, the amount of the proportionate
 3804  share contribution shall be calculated based upon the cumulative
 3805  number of trips from the proposed development expected to reach
 3806  roadways during the peak hour from the complete buildout of a
 3807  stage or phase being approved, divided by the change in the peak
 3808  hour maximum service volume of roadways resulting from
 3809  construction of an improvement necessary to maintain the adopted
 3810  level of service, multiplied by the construction cost, at the
 3811  time of developer payment, of the improvement necessary to
 3812  maintain the adopted level of service. For purposes of this
 3813  subsection, “construction cost” includes all associated costs of
 3814  the improvement. Proportionate-share mitigation shall be limited
 3815  to ensure that a development of regional impact meeting the
 3816  requirements of this subsection mitigates its impact on the
 3817  transportation system but is not responsible for the additional
 3818  cost of reducing or eliminating backlogs. This subsection also
 3819  applies to Florida Quality Developments pursuant to s. 380.061
 3820  and to detailed specific area plans implementing optional sector
 3821  plans pursuant to s. 163.3245.
 3822         (b) As used in this subsection, the term “backlog” means a
 3823  facility or facilities on which the adopted level-of-service
 3824  standard is exceeded by the existing trips, plus additional
 3825  projected background trips from any source other than the
 3826  development project under review that are forecast by
 3827  established traffic standards, including traffic modeling,
 3828  consistent with the University of Florida Bureau of Economic and
 3829  Business Research medium population projections. Additional
 3830  projected background trips are to be coincident with the
 3831  particular stage or phase of development under review.
 3832         (13) School concurrency shall be established on a
 3833  districtwide basis and shall include all public schools in the
 3834  district and all portions of the district, whether located in a
 3835  municipality or an unincorporated area unless exempt from the
 3836  public school facilities element pursuant to s. 163.3177(12).
 3837         (6)(a) If concurrency is applied to public education
 3838  facilities, The application of school concurrency to development
 3839  shall be based upon the adopted comprehensive plan, as amended.
 3840  all local governments within a county, except as provided in
 3841  paragraph (i) (f), shall include principles, guidelines,
 3842  standards, and strategies, including adopted levels of service,
 3843  in their comprehensive plans and adopt and transmit to the state
 3844  land planning agency the necessary plan amendments, along with
 3845  the interlocal agreements. If the county and one or more
 3846  municipalities have adopted school concurrency into its
 3847  comprehensive plan and interlocal agreement that represents at
 3848  least 80 percent of the total countywide population, the failure
 3849  of one or more municipalities to adopt the concurrency and enter
 3850  into the interlocal agreement does not preclude implementation
 3851  of school concurrency within the school district agreement, for
 3852  a compliance review pursuant to s. 163.3184(7) and (8). The
 3853  minimum requirements for school concurrency are the following:
 3854         (a) Public school facilities element.—A local government
 3855  shall adopt and transmit to the state land planning agency a
 3856  plan or plan amendment which includes a public school facilities
 3857  element which is consistent with the requirements of s.
 3858  163.3177(12) and which is determined to be in compliance as
 3859  defined in s. 163.3184(1)(b). All local government provisions
 3860  included in comprehensive plans regarding school concurrency
 3861  public school facilities plan elements within a county must be
 3862  consistent with each other as well as the requirements of this
 3863  part.
 3864         (b) Level-of-service standards.—The Legislature recognizes
 3865  that an essential requirement for a concurrency management
 3866  system is the level of service at which a public facility is
 3867  expected to operate.
 3868         1. Local governments and school boards imposing school
 3869  concurrency shall exercise authority in conjunction with each
 3870  other to establish jointly adequate level-of-service standards,
 3871  as defined in chapter 9J-5, Florida Administrative Code,
 3872  necessary to implement the adopted local government
 3873  comprehensive plan, based on data and analysis.
 3874         (c)2. Public school level-of-service standards shall be
 3875  included and adopted into the capital improvements element of
 3876  the local comprehensive plan and shall apply districtwide to all
 3877  schools of the same type. Types of schools may include
 3878  elementary, middle, and high schools as well as special purpose
 3879  facilities such as magnet schools.
 3880         (d)3. Local governments and school boards may shall have
 3881  the option to utilize tiered level-of-service standards to allow
 3882  time to achieve an adequate and desirable level of service as
 3883  circumstances warrant.
 3884         (e)4.For the purpose of determining whether levels of
 3885  service have been achieved, for the first 3 years of school
 3886  concurrency implementation, A school district that includes
 3887  relocatable facilities in its inventory of student stations
 3888  shall include the capacity of such relocatable facilities as
 3889  provided in s. 1013.35(2)(b)2.f., provided the relocatable
 3890  facilities were purchased after 1998 and the relocatable
 3891  facilities meet the standards for long-term use pursuant to s.
 3892  1013.20.
 3893         (c) Service areas.—The Legislature recognizes that an
 3894  essential requirement for a concurrency system is a designation
 3895  of the area within which the level of service will be measured
 3896  when an application for a residential development permit is
 3897  reviewed for school concurrency purposes. This delineation is
 3898  also important for purposes of determining whether the local
 3899  government has a financially feasible public school capital
 3900  facilities program that will provide schools which will achieve
 3901  and maintain the adopted level-of-service standards.
 3902         (f)1. In order to balance competing interests, preserve the
 3903  constitutional concept of uniformity, and avoid disruption of
 3904  existing educational and growth management processes, local
 3905  governments are encouraged, if they elect to adopt school
 3906  concurrency, to initially apply school concurrency to
 3907  development only on a districtwide basis so that a concurrency
 3908  determination for a specific development will be based upon the
 3909  availability of school capacity districtwide. To ensure that
 3910  development is coordinated with schools having available
 3911  capacity, within 5 years after adoption of school concurrency,
 3912         2. If a local government elects to governments shall apply
 3913  school concurrency on a less than districtwide basis, by such as
 3914  using school attendance zones or concurrency service areas:, as
 3915  provided in subparagraph 2.
 3916         a.2.For local governments applying school concurrency on a
 3917  less than districtwide basis, such as utilizing school
 3918  attendance zones or larger school concurrency service areas,
 3919  Local governments and school boards shall have the burden to
 3920  demonstrate that the utilization of school capacity is maximized
 3921  to the greatest extent possible in the comprehensive plan and
 3922  amendment, taking into account transportation costs and court
 3923  approved desegregation plans, as well as other factors. In
 3924  addition, in order to achieve concurrency within the service
 3925  area boundaries selected by local governments and school boards,
 3926  the service area boundaries, together with the standards for
 3927  establishing those boundaries, shall be identified and included
 3928  as supporting data and analysis for the comprehensive plan.
 3929         b.3. Where school capacity is available on a districtwide
 3930  basis but school concurrency is applied on a less than
 3931  districtwide basis in the form of concurrency service areas, if
 3932  the adopted level-of-service standard cannot be met in a
 3933  particular service area as applied to an application for a
 3934  development permit and if the needed capacity for the particular
 3935  service area is available in one or more contiguous service
 3936  areas, as adopted by the local government, then the local
 3937  government may not deny an application for site plan or final
 3938  subdivision approval or the functional equivalent for a
 3939  development or phase of a development on the basis of school
 3940  concurrency, and if issued, development impacts shall be
 3941  subtracted from the shifted to contiguous service area’s areas
 3942  with schools having available capacity totals. Students from the
 3943  development may not be required to go to the adjacent service
 3944  area unless the school board rezones the area in which the
 3945  development occurs.
 3946         (g)(d)Financial feasibility.—The Legislature recognizes
 3947  that financial feasibility is an important issue because The
 3948  premise of concurrency is that the public facilities will be
 3949  provided in order to achieve and maintain the adopted level-of
 3950  service standard. This part and chapter 9J-5, Florida
 3951  Administrative Code, contain specific standards to determine the
 3952  financial feasibility of capital programs. These standards were
 3953  adopted to make concurrency more predictable and local
 3954  governments more accountable.
 3955         1. A comprehensive plan that imposes amendment seeking to
 3956  impose school concurrency shall contain appropriate amendments
 3957  to the capital improvements element of the comprehensive plan,
 3958  consistent with the requirements of s. 163.3177(3) and rule 9J
 3959  5.016, Florida Administrative Code. The capital improvements
 3960  element shall set forth a financially feasible public school
 3961  capital facilities plan program, established in conjunction with
 3962  the school board, that demonstrates that the adopted level-of
 3963  service standards will be achieved and maintained.
 3964         (h)1. In order to limit the liability of local governments,
 3965  a local government may allow a landowner to proceed with
 3966  development of a specific parcel of land notwithstanding a
 3967  failure of the development to satisfy school concurrency, if all
 3968  the following factors are shown to exist:
 3969         a. The proposed development would be consistent with the
 3970  future land use designation for the specific property and with
 3971  pertinent portions of the adopted local plan, as determined by
 3972  the local government.
 3973         b. The local government’s capital improvements element and
 3974  the school board’s educational facilities plan provide for
 3975  school facilities adequate to serve the proposed development,
 3976  and the local government or school board has not implemented
 3977  that element, or the project includes a plan that demonstrates
 3978  that the capital facilities needed as a result of the project
 3979  can be reasonably provided.
 3980         c. The local government and school board have provided a
 3981  means by which the landowner will be assessed a proportionate
 3982  share of the cost of providing the school facilities necessary
 3983  to serve the proposed development.
 3984         2. Such amendments shall demonstrate that the public school
 3985  capital facilities program meets all of the financial
 3986  feasibility standards of this part and chapter 9J-5, Florida
 3987  Administrative Code, that apply to capital programs which
 3988  provide the basis for mandatory concurrency on other public
 3989  facilities and services.
 3990         3. When the financial feasibility of a public school
 3991  capital facilities program is evaluated by the state land
 3992  planning agency for purposes of a compliance determination, the
 3993  evaluation shall be based upon the service areas selected by the
 3994  local governments and school board.
 3995         2.(e)If Availability standard.—Consistent with the public
 3996  welfare, a local government applies school concurrency, it may
 3997  not deny an application for site plan, final subdivision
 3998  approval, or the functional equivalent for a development or
 3999  phase of a development authorizing residential development for
 4000  failure to achieve and maintain the level-of-service standard
 4001  for public school capacity in a local school concurrency
 4002  management system where adequate school facilities will be in
 4003  place or under actual construction within 3 years after the
 4004  issuance of final subdivision or site plan approval, or the
 4005  functional equivalent. School concurrency is satisfied if the
 4006  developer executes a legally binding commitment to provide
 4007  mitigation proportionate to the demand for public school
 4008  facilities to be created by actual development of the property,
 4009  including, but not limited to, the options described in sub
 4010  subparagraph a. subparagraph 1. Options for proportionate-share
 4011  mitigation of impacts on public school facilities must be
 4012  established in the comprehensive plan public school facilities
 4013  element and the interlocal agreement pursuant to s. 163.31777.
 4014         a.1. Appropriate mitigation options include the
 4015  contribution of land; the construction, expansion, or payment
 4016  for land acquisition or construction of a public school
 4017  facility; the construction of a charter school that complies
 4018  with the requirements of s. 1002.33(18); or the creation of
 4019  mitigation banking based on the construction of a public school
 4020  facility in exchange for the right to sell capacity credits.
 4021  Such options must include execution by the applicant and the
 4022  local government of a development agreement that constitutes a
 4023  legally binding commitment to pay proportionate-share mitigation
 4024  for the additional residential units approved by the local
 4025  government in a development order and actually developed on the
 4026  property, taking into account residential density allowed on the
 4027  property prior to the plan amendment that increased the overall
 4028  residential density. The district school board must be a party
 4029  to such an agreement. As a condition of its entry into such a
 4030  development agreement, the local government may require the
 4031  landowner to agree to continuing renewal of the agreement upon
 4032  its expiration.
 4033         b.2. If the interlocal agreement education facilities plan
 4034  and the local government comprehensive plan public educational
 4035  facilities element authorize a contribution of land; the
 4036  construction, expansion, or payment for land acquisition; the
 4037  construction or expansion of a public school facility, or a
 4038  portion thereof; or the construction of a charter school that
 4039  complies with the requirements of s. 1002.33(18), as
 4040  proportionate-share mitigation, the local government shall
 4041  credit such a contribution, construction, expansion, or payment
 4042  toward any other impact fee or exaction imposed by local
 4043  ordinance for the same need, on a dollar-for-dollar basis at
 4044  fair market value.
 4045         c.3. Any proportionate-share mitigation must be directed by
 4046  the school board toward a school capacity improvement identified
 4047  in the a financially feasible 5-year school board’s educational
 4048  facilities district work plan that satisfies the demands created
 4049  by the development in accordance with a binding developer’s
 4050  agreement.
 4051         4. If a development is precluded from commencing because
 4052  there is inadequate classroom capacity to mitigate the impacts
 4053  of the development, the development may nevertheless commence if
 4054  there are accelerated facilities in an approved capital
 4055  improvement element scheduled for construction in year four or
 4056  later of such plan which, when built, will mitigate the proposed
 4057  development, or if such accelerated facilities will be in the
 4058  next annual update of the capital facilities element, the
 4059  developer enters into a binding, financially guaranteed
 4060  agreement with the school district to construct an accelerated
 4061  facility within the first 3 years of an approved capital
 4062  improvement plan, and the cost of the school facility is equal
 4063  to or greater than the development’s proportionate share. When
 4064  the completed school facility is conveyed to the school
 4065  district, the developer shall receive impact fee credits usable
 4066  within the zone where the facility is constructed or any
 4067  attendance zone contiguous with or adjacent to the zone where
 4068  the facility is constructed.
 4069         3.5. This paragraph does not limit the authority of a local
 4070  government to deny a development permit or its functional
 4071  equivalent pursuant to its home rule regulatory powers, except
 4072  as provided in this part.
 4073         (i)(f)Intergovernmental coordination.
 4074         1. When establishing concurrency requirements for public
 4075  schools, a local government shall satisfy the requirements for
 4076  intergovernmental coordination set forth in s. 163.3177(6)(h)1.
 4077  and 2., except that A municipality is not required to be a
 4078  signatory to the interlocal agreement required by paragraph (j)
 4079  ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
 4080  imposition of school concurrency, and as a nonsignatory, shall
 4081  not participate in the adopted local school concurrency system,
 4082  if the municipality meets all of the following criteria for
 4083  having no significant impact on school attendance:
 4084         1.a. The municipality has issued development orders for
 4085  fewer than 50 residential dwelling units during the preceding 5
 4086  years, or the municipality has generated fewer than 25
 4087  additional public school students during the preceding 5 years.
 4088         2.b. The municipality has not annexed new land during the
 4089  preceding 5 years in land use categories which permit
 4090  residential uses that will affect school attendance rates.
 4091         3.c. The municipality has no public schools located within
 4092  its boundaries.
 4093         4.d. At least 80 percent of the developable land within the
 4094  boundaries of the municipality has been built upon.
 4095         2. A municipality which qualifies as having no significant
 4096  impact on school attendance pursuant to the criteria of
 4097  subparagraph 1. must review and determine at the time of its
 4098  evaluation and appraisal report pursuant to s. 163.3191 whether
 4099  it continues to meet the criteria pursuant to s. 163.31777(6).
 4100  If the municipality determines that it no longer meets the
 4101  criteria, it must adopt appropriate school concurrency goals,
 4102  objectives, and policies in its plan amendments based on the
 4103  evaluation and appraisal report, and enter into the existing
 4104  interlocal agreement required by ss. 163.3177(6)(h)2. and
 4105  163.31777, in order to fully participate in the school
 4106  concurrency system. If such a municipality fails to do so, it
 4107  will be subject to the enforcement provisions of s. 163.3191.
 4108         (j)(g)Interlocal agreement for school concurrency.When
 4109  establishing concurrency requirements for public schools, a
 4110  local government must enter into an interlocal agreement that
 4111  satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
 4112  163.31777 and the requirements of this subsection. The
 4113  interlocal agreement shall acknowledge both the school board’s
 4114  constitutional and statutory obligations to provide a uniform
 4115  system of free public schools on a countywide basis, and the
 4116  land use authority of local governments, including their
 4117  authority to approve or deny comprehensive plan amendments and
 4118  development orders. The interlocal agreement shall be submitted
 4119  to the state land planning agency by the local government as a
 4120  part of the compliance review, along with the other necessary
 4121  amendments to the comprehensive plan required by this part. In
 4122  addition to the requirements of ss. 163.3177(6)(h) and
 4123  163.31777, The interlocal agreement shall meet the following
 4124  requirements:
 4125         1. Establish the mechanisms for coordinating the
 4126  development, adoption, and amendment of each local government’s
 4127  school-concurrency-related provisions of the comprehensive plan
 4128  public school facilities element with each other and the plans
 4129  of the school board to ensure a uniform districtwide school
 4130  concurrency system.
 4131         2. Establish a process for the development of siting
 4132  criteria which encourages the location of public schools
 4133  proximate to urban residential areas to the extent possible and
 4134  seeks to collocate schools with other public facilities such as
 4135  parks, libraries, and community centers to the extent possible.
 4136         2.3. Specify uniform, districtwide level-of-service
 4137  standards for public schools of the same type and the process
 4138  for modifying the adopted level-of-service standards.
 4139         4. Establish a process for the preparation, amendment, and
 4140  joint approval by each local government and the school board of
 4141  a public school capital facilities program which is financially
 4142  feasible, and a process and schedule for incorporation of the
 4143  public school capital facilities program into the local
 4144  government comprehensive plans on an annual basis.
 4145         3.5. Define the geographic application of school
 4146  concurrency. If school concurrency is to be applied on a less
 4147  than districtwide basis in the form of concurrency service
 4148  areas, the agreement shall establish criteria and standards for
 4149  the establishment and modification of school concurrency service
 4150  areas. The agreement shall also establish a process and schedule
 4151  for the mandatory incorporation of the school concurrency
 4152  service areas and the criteria and standards for establishment
 4153  of the service areas into the local government comprehensive
 4154  plans. The agreement shall ensure maximum utilization of school
 4155  capacity, taking into account transportation costs and court
 4156  approved desegregation plans, as well as other factors. The
 4157  agreement shall also ensure the achievement and maintenance of
 4158  the adopted level-of-service standards for the geographic area
 4159  of application throughout the 5 years covered by the public
 4160  school capital facilities plan and thereafter by adding a new
 4161  fifth year during the annual update.
 4162         4.6. Establish a uniform districtwide procedure for
 4163  implementing school concurrency which provides for:
 4164         a. The evaluation of development applications for
 4165  compliance with school concurrency requirements, including
 4166  information provided by the school board on affected schools,
 4167  impact on levels of service, and programmed improvements for
 4168  affected schools and any options to provide sufficient capacity;
 4169         b. An opportunity for the school board to review and
 4170  comment on the effect of comprehensive plan amendments and
 4171  rezonings on the public school facilities plan; and
 4172         c. The monitoring and evaluation of the school concurrency
 4173  system.
 4174         7. Include provisions relating to amendment of the
 4175  agreement.
 4176         5.8. A process and uniform methodology for determining
 4177  proportionate-share mitigation pursuant to subparagraph (h)
 4178  (e)1.
 4179         (k)(h)Local government authority.This subsection does not
 4180  limit the authority of a local government to grant or deny a
 4181  development permit or its functional equivalent prior to the
 4182  implementation of school concurrency.
 4183         (14) The state land planning agency shall, by October 1,
 4184  1998, adopt by rule minimum criteria for the review and
 4185  determination of compliance of a public school facilities
 4186  element adopted by a local government for purposes of imposition
 4187  of school concurrency.
 4188         (15)(a) Multimodal transportation districts may be
 4189  established under a local government comprehensive plan in areas
 4190  delineated on the future land use map for which the local
 4191  comprehensive plan assigns secondary priority to vehicle
 4192  mobility and primary priority to assuring a safe, comfortable,
 4193  and attractive pedestrian environment, with convenient
 4194  interconnection to transit. Such districts must incorporate
 4195  community design features that will reduce the number of
 4196  automobile trips or vehicle miles of travel and will support an
 4197  integrated, multimodal transportation system. Prior to the
 4198  designation of multimodal transportation districts, the
 4199  Department of Transportation shall be consulted by the local
 4200  government to assess the impact that the proposed multimodal
 4201  district area is expected to have on the adopted level-of
 4202  service standards established for Strategic Intermodal System
 4203  facilities, as defined in s. 339.64, and roadway facilities
 4204  funded in accordance with s. 339.2819. Further, the local
 4205  government shall, in cooperation with the Department of
 4206  Transportation, develop a plan to mitigate any impacts to the
 4207  Strategic Intermodal System, including the development of a
 4208  long-term concurrency management system pursuant to subsection
 4209  (9) and s. 163.3177(3)(d). Multimodal transportation districts
 4210  existing prior to July 1, 2005, shall meet, at a minimum, the
 4211  provisions of this section by July 1, 2006, or at the time of
 4212  the comprehensive plan update pursuant to the evaluation and
 4213  appraisal report, whichever occurs last.
 4214         (b) Community design elements of such a district include: a
 4215  complementary mix and range of land uses, including educational,
 4216  recreational, and cultural uses; interconnected networks of
 4217  streets designed to encourage walking and bicycling, with
 4218  traffic-calming where desirable; appropriate densities and
 4219  intensities of use within walking distance of transit stops;
 4220  daily activities within walking distance of residences, allowing
 4221  independence to persons who do not drive; public uses, streets,
 4222  and squares that are safe, comfortable, and attractive for the
 4223  pedestrian, with adjoining buildings open to the street and with
 4224  parking not interfering with pedestrian, transit, automobile,
 4225  and truck travel modes.
 4226         (c) Local governments may establish multimodal level-of
 4227  service standards that rely primarily on nonvehicular modes of
 4228  transportation within the district, when justified by an
 4229  analysis demonstrating that the existing and planned community
 4230  design will provide an adequate level of mobility within the
 4231  district based upon professionally accepted multimodal level-of
 4232  service methodologies. The analysis must also demonstrate that
 4233  the capital improvements required to promote community design
 4234  are financially feasible over the development or redevelopment
 4235  timeframe for the district and that community design features
 4236  within the district provide convenient interconnection for a
 4237  multimodal transportation system. Local governments may issue
 4238  development permits in reliance upon all planned community
 4239  design capital improvements that are financially feasible over
 4240  the development or redevelopment timeframe for the district,
 4241  without regard to the period of time between development or
 4242  redevelopment and the scheduled construction of the capital
 4243  improvements. A determination of financial feasibility shall be
 4244  based upon currently available funding or funding sources that
 4245  could reasonably be expected to become available over the
 4246  planning period.
 4247         (d) Local governments may reduce impact fees or local
 4248  access fees for development within multimodal transportation
 4249  districts based on the reduction of vehicle trips per household
 4250  or vehicle miles of travel expected from the development pattern
 4251  planned for the district.
 4252         (16) It is the intent of the Legislature to provide a
 4253  method by which the impacts of development on transportation
 4254  facilities can be mitigated by the cooperative efforts of the
 4255  public and private sectors. The methodology used to calculate
 4256  proportionate fair-share mitigation under this section shall be
 4257  as provided for in subsection (12).
 4258         (a) By December 1, 2006, each local government shall adopt
 4259  by ordinance a methodology for assessing proportionate fair
 4260  share mitigation options. By December 1, 2005, the Department of
 4261  Transportation shall develop a model transportation concurrency
 4262  management ordinance with methodologies for assessing
 4263  proportionate fair-share mitigation options.
 4264         (b)1. In its transportation concurrency management system,
 4265  a local government shall, by December 1, 2006, include
 4266  methodologies that will be applied to calculate proportionate
 4267  fair-share mitigation. A developer may choose to satisfy all
 4268  transportation concurrency requirements by contributing or
 4269  paying proportionate fair-share mitigation if transportation
 4270  facilities or facility segments identified as mitigation for
 4271  traffic impacts are specifically identified for funding in the
 4272  5-year schedule of capital improvements in the capital
 4273  improvements element of the local plan or the long-term
 4274  concurrency management system or if such contributions or
 4275  payments to such facilities or segments are reflected in the 5
 4276  year schedule of capital improvements in the next regularly
 4277  scheduled update of the capital improvements element. Updates to
 4278  the 5-year capital improvements element which reflect
 4279  proportionate fair-share contributions may not be found not in
 4280  compliance based on ss. 163.3164(32) and 163.3177(3) if
 4281  additional contributions, payments or funding sources are
 4282  reasonably anticipated during a period not to exceed 10 years to
 4283  fully mitigate impacts on the transportation facilities.
 4284         2. Proportionate fair-share mitigation shall be applied as
 4285  a credit against impact fees to the extent that all or a portion
 4286  of the proportionate fair-share mitigation is used to address
 4287  the same capital infrastructure improvements contemplated by the
 4288  local government’s impact fee ordinance.
 4289         (c) Proportionate fair-share mitigation includes, without
 4290  limitation, separately or collectively, private funds,
 4291  contributions of land, and construction and contribution of
 4292  facilities and may include public funds as determined by the
 4293  local government. Proportionate fair-share mitigation may be
 4294  directed toward one or more specific transportation improvements
 4295  reasonably related to the mobility demands created by the
 4296  development and such improvements may address one or more modes
 4297  of travel. The fair market value of the proportionate fair-share
 4298  mitigation shall not differ based on the form of mitigation. A
 4299  local government may not require a development to pay more than
 4300  its proportionate fair-share contribution regardless of the
 4301  method of mitigation. Proportionate fair-share mitigation shall
 4302  be limited to ensure that a development meeting the requirements
 4303  of this section mitigates its impact on the transportation
 4304  system but is not responsible for the additional cost of
 4305  reducing or eliminating backlogs.
 4306         (d) This subsection does not require a local government to
 4307  approve a development that is not otherwise qualified for
 4308  approval pursuant to the applicable local comprehensive plan and
 4309  land development regulations.
 4310         (e) Mitigation for development impacts to facilities on the
 4311  Strategic Intermodal System made pursuant to this subsection
 4312  requires the concurrence of the Department of Transportation.
 4313         (f) If the funds in an adopted 5-year capital improvements
 4314  element are insufficient to fully fund construction of a
 4315  transportation improvement required by the local government’s
 4316  concurrency management system, a local government and a
 4317  developer may still enter into a binding proportionate-share
 4318  agreement authorizing the developer to construct that amount of
 4319  development on which the proportionate share is calculated if
 4320  the proportionate-share amount in such agreement is sufficient
 4321  to pay for one or more improvements which will, in the opinion
 4322  of the governmental entity or entities maintaining the
 4323  transportation facilities, significantly benefit the impacted
 4324  transportation system. The improvements funded by the
 4325  proportionate-share component must be adopted into the 5-year
 4326  capital improvements schedule of the comprehensive plan at the
 4327  next annual capital improvements element update. The funding of
 4328  any improvements that significantly benefit the impacted
 4329  transportation system satisfies concurrency requirements as a
 4330  mitigation of the development’s impact upon the overall
 4331  transportation system even if there remains a failure of
 4332  concurrency on other impacted facilities.
 4333         (g) Except as provided in subparagraph (b)1., this section
 4334  may not prohibit the Department of Community Affairs from
 4335  finding other portions of the capital improvements element
 4336  amendments not in compliance as provided in this chapter.
 4337         (h) The provisions of this subsection do not apply to a
 4338  development of regional impact satisfying the requirements of
 4339  subsection (12).
 4340         (i) As used in this subsection, the term “backlog” means a
 4341  facility or facilities on which the adopted level-of-service
 4342  standard is exceeded by the existing trips, plus additional
 4343  projected background trips from any source other than the
 4344  development project under review that are forecast by
 4345  established traffic standards, including traffic modeling,
 4346  consistent with the University of Florida Bureau of Economic and
 4347  Business Research medium population projections. Additional
 4348  projected background trips are to be coincident with the
 4349  particular stage or phase of development under review.
 4350         (17) A local government and the developer of affordable
 4351  workforce housing units developed in accordance with s.
 4352  380.06(19) or s. 380.0651(3) may identify an employment center
 4353  or centers in close proximity to the affordable workforce
 4354  housing units. If at least 50 percent of the units are occupied
 4355  by an employee or employees of an identified employment center
 4356  or centers, all of the affordable workforce housing units are
 4357  exempt from transportation concurrency requirements, and the
 4358  local government may not reduce any transportation trip
 4359  generation entitlements of an approved development-of-regional
 4360  impact development order. As used in this subsection, the term
 4361  “close proximity” means 5 miles from the nearest point of the
 4362  development of regional impact to the nearest point of the
 4363  employment center, and the term “employment center” means a
 4364  place of employment that employs at least 25 or more full-time
 4365  employees.
 4366         Section 12. Subsection (5) of section 163.31801, Florida
 4367  Statutes, is reenacted, and subsection (6) is added to that
 4368  section, to read:
 4369         163.31801 Impact fees; short title; intent; definitions;
 4370  ordinances levying impact fees.—
 4371         (5) In any action challenging an impact fee, the government
 4372  has the burden of proving by a preponderance of the evidence
 4373  that the imposition or amount of the fee meets the requirements
 4374  of state legal precedent or this section. The court may not use
 4375  a deferential standard.
 4376         (6) Notwithstanding any law, ordinance, or resolution to
 4377  the contrary, a county, municipality, or special district may
 4378  not increase any existing impact fees or impose any new impact
 4379  fees on nonresidential development. This subsection does not
 4380  affect impact fees pledged or obligated to the retirement of
 4381  debt; impact fee increases that were previously enacted by law,
 4382  ordinance, or resolution and phased in over time or included a
 4383  consumer price index or other yearly escalator; or impact fees
 4384  for water or wastewater facilities. This subsection expires July
 4385  1, 2013.
 4386         Section 13. Section 163.3182, Florida Statutes, is amended
 4387  to read:
 4388         163.3182 Transportation deficiencies concurrency backlogs.—
 4389         (1) DEFINITIONS.—For purposes of this section, the term:
 4390         (a) “Transportation deficiency concurrency backlog area”
 4391  means the geographic area within the unincorporated portion of a
 4392  county or within the municipal boundary of a municipality
 4393  designated in a local government comprehensive plan for which a
 4394  transportation development concurrency backlog authority is
 4395  created pursuant to this section. A transportation deficiency
 4396  concurrency backlog area created within the corporate boundary
 4397  of a municipality shall be made pursuant to an interlocal
 4398  agreement between a county, a municipality or municipalities,
 4399  and any affected taxing authority or authorities.
 4400         (b) “Authority” or “transportation development concurrency
 4401  backlog authority” means the governing body of a county or
 4402  municipality within which an authority is created.
 4403         (c) “Governing body” means the council, commission, or
 4404  other legislative body charged with governing the county or
 4405  municipality within which a transportation deficiency
 4406  concurrency backlog authority is created pursuant to this
 4407  section.
 4408         (d) “Transportation deficiency concurrency backlog” means
 4409  an identified need deficiency where the existing and projected
 4410  extent of traffic or projected traffic volume exceeds the level
 4411  of service standard adopted in a local government comprehensive
 4412  plan for a transportation facility.
 4413         (e) “Transportation sufficiency concurrency backlog plan”
 4414  means the plan adopted as part of a local government
 4415  comprehensive plan by the governing body of a county or
 4416  municipality acting as a transportation development concurrency
 4417  backlog authority.
 4418         (f) “Transportation concurrency backlog project” means any
 4419  designated transportation project that will mitigate a
 4420  deficiency identified in a transportation deficiency plan
 4421  identified for construction within the jurisdiction of a
 4422  transportation concurrency backlog authority.
 4423         (g) “Debt service millage” means any millage levied
 4424  pursuant to s. 12, Art. VII of the State Constitution.
 4425         (h) “Increment revenue” means the amount calculated
 4426  pursuant to subsection (5).
 4427         (i) “Taxing authority” means a public body that levies or
 4428  is authorized to levy an ad valorem tax on real property located
 4429  within a transportation deficiency concurrency backlog area,
 4430  except a school district.
 4431         (2) CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
 4432  BACKLOG AUTHORITIES.—
 4433         (a) A county or municipality may create a transportation
 4434  development concurrency backlog authority if it has an
 4435  identified transportation deficiency concurrency backlog.
 4436         (b) Acting as the transportation development concurrency
 4437  backlog authority within the authority’s jurisdictional
 4438  boundary, the governing body of a county or municipality shall
 4439  adopt and implement a plan to eliminate all identified
 4440  transportation deficiencies concurrency backlogs within the
 4441  authority’s jurisdiction using funds provided pursuant to
 4442  subsection (5) and as otherwise provided pursuant to this
 4443  section.
 4444         (c) The Legislature finds and declares that there exist in
 4445  many counties and municipalities areas that have significant
 4446  transportation deficiencies and inadequate transportation
 4447  facilities; that many insufficiencies and inadequacies severely
 4448  limit or prohibit the satisfaction of adopted transportation
 4449  level-of-service concurrency standards; that the transportation
 4450  insufficiencies and inadequacies affect the health, safety, and
 4451  welfare of the residents of these counties and municipalities;
 4452  that the transportation insufficiencies and inadequacies
 4453  adversely affect economic development and growth of the tax base
 4454  for the areas in which these insufficiencies and inadequacies
 4455  exist; and that the elimination of transportation deficiencies
 4456  and inadequacies and the satisfaction of transportation level
 4457  of-service concurrency standards are paramount public purposes
 4458  for the state and its counties and municipalities.
 4459         (3) POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
 4460  BACKLOG AUTHORITY.—Each transportation development concurrency
 4461  backlog authority created pursuant to this section has the
 4462  powers necessary or convenient to carry out the purposes of this
 4463  section, including the following powers in addition to others
 4464  granted in this section:
 4465         (a) To make and execute contracts and other instruments
 4466  necessary or convenient to the exercise of its powers under this
 4467  section.
 4468         (b) To undertake and carry out transportation concurrency
 4469  backlog projects for transportation facilities that have
 4470  designed to relieve transportation deficiencies a concurrency
 4471  backlog within the authority’s jurisdiction. Concurrency backlog
 4472  Transportation projects may include transportation facilities
 4473  that provide for alternative modes of travel including
 4474  sidewalks, bikeways, and mass transit which are related to a
 4475  deficient backlogged transportation facility.
 4476         (c) To invest any transportation concurrency backlog funds
 4477  held in reserve, sinking funds, or any such funds not required
 4478  for immediate disbursement in property or securities in which
 4479  savings banks may legally invest funds subject to the control of
 4480  the authority and to redeem such bonds as have been issued
 4481  pursuant to this section at the redemption price established
 4482  therein, or to purchase such bonds at less than redemption
 4483  price. All such bonds redeemed or purchased shall be canceled.
 4484         (d) To borrow money, including, but not limited to, issuing
 4485  debt obligations such as, but not limited to, bonds, notes,
 4486  certificates, and similar debt instruments; to apply for and
 4487  accept advances, loans, grants, contributions, and any other
 4488  forms of financial assistance from the Federal Government or the
 4489  state, county, or any other public body or from any sources,
 4490  public or private, for the purposes of this part; to give such
 4491  security as may be required; to enter into and carry out
 4492  contracts or agreements; and to include in any contracts for
 4493  financial assistance with the Federal Government for or with
 4494  respect to a transportation concurrency backlog project and
 4495  related activities such conditions imposed under federal laws as
 4496  the transportation deficiency concurrency backlog authority
 4497  considers reasonable and appropriate and which are not
 4498  inconsistent with the purposes of this section.
 4499         (e) To make or have made all surveys and plans necessary to
 4500  the carrying out of the purposes of this section; to contract
 4501  with any persons, public or private, in making and carrying out
 4502  such plans; and to adopt, approve, modify, or amend such
 4503  transportation sufficiency concurrency backlog plans.
 4504         (f) To appropriate such funds and make such expenditures as
 4505  are necessary to carry out the purposes of this section, and to
 4506  enter into agreements with other public bodies, which agreements
 4507  may extend over any period notwithstanding any provision or rule
 4508  of law to the contrary.
 4509         (4) TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.—
 4510         (a) Each transportation development concurrency backlog
 4511  authority shall adopt a transportation sufficiency concurrency
 4512  backlog plan as a part of the local government comprehensive
 4513  plan within 6 months after the creation of the authority. The
 4514  plan must:
 4515         (a)1. Identify all transportation facilities that have been
 4516  designated as deficient and require the expenditure of moneys to
 4517  upgrade, modify, or mitigate the deficiency.
 4518         (b)2. Include a priority listing of all transportation
 4519  facilities that have been designated as deficient and do not
 4520  satisfy concurrency requirements pursuant to s. 163.3180, and
 4521  the applicable local government comprehensive plan.
 4522         (c)3. Establish a schedule for financing and construction
 4523  of transportation concurrency backlog projects that will
 4524  eliminate transportation deficiencies concurrency backlogs
 4525  within the jurisdiction of the authority within 10 years after
 4526  the transportation sufficiency concurrency backlog plan
 4527  adoption. If the utilization of mass transit is selected as all
 4528  or part of the system solution, the improvements and service may
 4529  extend outside the area of the transportation deficiency areas
 4530  to the planned terminus of the improvement as long as the
 4531  improvement provides capacity enhancements to a larger
 4532  intermodal system. The schedule shall be adopted as part of the
 4533  local government comprehensive plan.
 4534         (b) The adoption of the transportation concurrency backlog
 4535  plan shall be exempt from the provisions of s. 163.3187(1).
 4536  
 4537  Notwithstanding such schedule requirements, as long as the
 4538  schedule provides for the elimination of all transportation
 4539  deficiencies concurrency backlogs within 10 years after the
 4540  adoption of the transportation sufficiency concurrency backlog
 4541  plan, the final maturity date of any debt incurred to finance or
 4542  refinance the related projects may be no later than 40 years
 4543  after the date the debt is incurred and the authority may
 4544  continue operations and administer the trust fund established as
 4545  provided in subsection (5) for as long as the debt remains
 4546  outstanding.
 4547         (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
 4548  development concurrency backlog authority shall establish a
 4549  local transportation concurrency backlog trust fund upon
 4550  creation of the authority. Each local trust fund shall be
 4551  administered by the transportation development concurrency
 4552  backlog authority within which a transportation deficiencies
 4553  have concurrency backlog has been identified. Each local trust
 4554  fund must continue to be funded under this section for as long
 4555  as the projects set forth in the related transportation
 4556  sufficiency concurrency backlog plan remain to be completed or
 4557  until any debt incurred to finance or refinance the related
 4558  projects is no longer outstanding, whichever occurs later.
 4559  Beginning in the first fiscal year after the creation of the
 4560  authority, each local trust fund shall be funded by the proceeds
 4561  of an ad valorem tax increment collected within each
 4562  transportation deficiency concurrency backlog area to be
 4563  determined annually and shall be a minimum of 25 percent of the
 4564  difference between the amounts set forth in paragraphs (a) and
 4565  (b), except that if all of the affected taxing authorities agree
 4566  under an interlocal agreement, a particular local trust fund may
 4567  be funded by the proceeds of an ad valorem tax increment greater
 4568  than 25 percent of the difference between the amounts set forth
 4569  in paragraphs (a) and (b):
 4570         (a) The amount of ad valorem tax levied each year by each
 4571  taxing authority, exclusive of any amount from any debt service
 4572  millage, on taxable real property contained within the
 4573  jurisdiction of the transportation development concurrency
 4574  backlog authority and within the transportation deficiency
 4575  backlog area; and
 4576         (b) The amount of ad valorem taxes which would have been
 4577  produced by the rate upon which the tax is levied each year by
 4578  or for each taxing authority, exclusive of any debt service
 4579  millage, upon the total of the assessed value of the taxable
 4580  real property within the transportation deficiency concurrency
 4581  backlog area as shown on the most recent assessment roll used in
 4582  connection with the taxation of such property of each taxing
 4583  authority prior to the effective date of the ordinance funding
 4584  the trust fund.
 4585         (6) EXEMPTIONS.—
 4586         (a) The following public bodies or taxing authorities are
 4587  exempt from the provisions of this section:
 4588         1. A special district that levies ad valorem taxes on
 4589  taxable real property in more than one county.
 4590         2. A special district for which the sole available source
 4591  of revenue is the authority to levy ad valorem taxes at the time
 4592  an ordinance is adopted under this section. However, revenues or
 4593  aid that may be dispensed or appropriated to a district as
 4594  defined in s. 388.011 at the discretion of an entity other than
 4595  such district shall not be deemed available.
 4596         3. A library district.
 4597         4. A neighborhood improvement district created under the
 4598  Safe Neighborhoods Act.
 4599         5. A metropolitan transportation authority.
 4600         6. A water management district created under s. 373.069.
 4601         7. A community redevelopment agency.
 4602         (b) A transportation development concurrency exemption
 4603  authority may also exempt from this section a special district
 4604  that levies ad valorem taxes within the transportation
 4605  deficiency concurrency backlog area pursuant to s.
 4606  163.387(2)(d).
 4607         (7) TRANSPORTATION DEFICIENCY CONCURRENCY SATISFACTION.
 4608  Upon adoption of a transportation sufficiency concurrency
 4609  backlog plan as a part of the local government comprehensive
 4610  plan, and the plan going into effect, the area subject to the
 4611  plan shall be deemed to have achieved and maintained
 4612  transportation level-of-service standards, and to have met
 4613  requirements for financial feasibility for transportation
 4614  facilities, and for the purpose of proposed development
 4615  transportation concurrency has been satisfied. Proportionate
 4616  fair-share mitigation shall be limited to ensure that a
 4617  development inside a transportation deficiency concurrency
 4618  backlog area is not responsible for the additional costs of
 4619  eliminating deficiencies backlogs.
 4620         (8) DISSOLUTION.—Upon completion of all transportation
 4621  concurrency backlog projects identified in the transportation
 4622  sufficiency plan and repayment or defeasance of all debt issued
 4623  to finance or refinance such projects, a transportation
 4624  development concurrency backlog authority shall be dissolved,
 4625  and its assets and liabilities transferred to the county or
 4626  municipality within which the authority is located. All
 4627  remaining assets of the authority must be used for
 4628  implementation of transportation projects within the
 4629  jurisdiction of the authority. The local government
 4630  comprehensive plan shall be amended to remove the transportation
 4631  deficiency concurrency backlog plan.
 4632         Section 14. Section 163.3184, Florida Statutes, is amended
 4633  to read:
 4634         163.3184 Process for adoption of comprehensive plan or plan
 4635  amendment.—
 4636         (1) DEFINITIONS.—As used in this section, the term:
 4637         (a) “Affected person” includes the affected local
 4638  government; persons owning property, residing, or owning or
 4639  operating a business within the boundaries of the local
 4640  government whose plan is the subject of the review; owners of
 4641  real property abutting real property that is the subject of a
 4642  proposed change to a future land use map; and adjoining local
 4643  governments that can demonstrate that the plan or plan amendment
 4644  will produce substantial impacts on the increased need for
 4645  publicly funded infrastructure or substantial impacts on areas
 4646  designated for protection or special treatment within their
 4647  jurisdiction. Each person, other than an adjoining local
 4648  government, in order to qualify under this definition, shall
 4649  also have submitted oral or written comments, recommendations,
 4650  or objections to the local government during the period of time
 4651  beginning with the transmittal hearing for the plan or plan
 4652  amendment and ending with the adoption of the plan or plan
 4653  amendment.
 4654         (b) “In compliance” means consistent with the requirements
 4655  of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
 4656  163.3248 with the state comprehensive plan, with the appropriate
 4657  strategic regional policy plan, and with chapter 9J-5, Florida
 4658  Administrative Code, where such rule is not inconsistent with
 4659  this part and with the principles for guiding development in
 4660  designated areas of critical state concern and with part III of
 4661  chapter 369, where applicable.
 4662         (c) “Reviewing agencies” means:
 4663         1. The state land planning agency;
 4664         2. The appropriate regional planning council;
 4665         3. The appropriate water management district;
 4666         4. The Department of Environmental Protection;
 4667         5. The Department of State;
 4668         6. The Department of Transportation;
 4669         7. In the case of plan amendments relating to public
 4670  schools, the Department of Education;
 4671         8. In the case of plans or plan amendments that affect a
 4672  military installation listed in s. 163.3175, the commanding
 4673  officer of the affected military installation;
 4674         9. In the case of county plans and plan amendments, the
 4675  Fish and Wildlife Conservation Commission and the Department of
 4676  Agriculture and Consumer Services; and
 4677         10. In the case of municipal plans and plan amendments, the
 4678  county in which the municipality is located.
 4679         (2) COORDINATION.—Each comprehensive plan or plan amendment
 4680  proposed to be adopted pursuant to this part, except amendments
 4681  adopted pursuant to s. 163.32465 or s. 163.3187(1)(c) and (3),
 4682  shall be transmitted, adopted, and reviewed in the manner
 4683  prescribed in this section. The state land planning agency shall
 4684  have responsibility for plan review, coordination, and the
 4685  preparation and transmission of comments, pursuant to this
 4686  section, to the local governing body responsible for the
 4687  comprehensive plan. The state land planning agency shall
 4688  maintain a single file concerning any proposed or adopted plan
 4689  amendment submitted by a local government for any review under
 4690  this section. Copies of all correspondence, papers, notes,
 4691  memoranda, and other documents received or generated by the
 4692  state land planning agency must be placed in the appropriate
 4693  file. Paper copies of all electronic mail correspondence must be
 4694  placed in the file. The file and its contents must be available
 4695  for public inspection and copying as provided in chapter 119.
 4696         (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
 4697  AMENDMENT.—
 4698         (a) Each local governing body shall transmit the complete
 4699  proposed comprehensive plan or plan amendment to the reviewing
 4700  agencies state land planning agency, the appropriate regional
 4701  planning council and water management district, the Department
 4702  of Environmental Protection, the Department of State, and the
 4703  Department of Transportation, and, in the case of municipal
 4704  plans, to the appropriate county, and, in the case of county
 4705  plans, to the Fish and Wildlife Conservation Commission and the
 4706  Department of Agriculture and Consumer Services, immediately
 4707  following a public hearing pursuant to subsection (15) as
 4708  specified in the state land planning agency’s procedural rules.
 4709  The local governing body shall also transmit a copy of the
 4710  complete proposed comprehensive plan or plan amendment to any
 4711  other unit of local government or government agency in the state
 4712  that has filed a written request with the governing body for the
 4713  plan or plan amendment. The local government may request a
 4714  review by the state land planning agency pursuant to subsection
 4715  (6) at the time of the transmittal of an amendment.
 4716         (b) A local governing body shall not transmit portions of a
 4717  plan or plan amendment unless it has previously provided to all
 4718  state agencies designated by the state land planning agency a
 4719  complete copy of its adopted comprehensive plan pursuant to
 4720  subsection (7) and as specified in the agency’s procedural
 4721  rules. In the case of comprehensive plan amendments, the local
 4722  governing body shall transmit to the state land planning agency,
 4723  the other reviewing agencies appropriate regional planning
 4724  council and water management district, the Department of
 4725  Environmental Protection, the Department of State, and the
 4726  Department of Transportation, and, in the case of municipal
 4727  plans, to the appropriate county and, in the case of county
 4728  plans, to the Fish and Wildlife Conservation Commission and the
 4729  Department of Agriculture and Consumer Services the supporting
 4730  materials specified in the state land planning agency’s
 4731  procedural rules and, in cases in which the plan amendment is a
 4732  result of an evaluation and appraisal report adopted pursuant to
 4733  s. 163.3191, a copy of the evaluation and appraisal report.
 4734  Local governing bodies shall consolidate all proposed plan
 4735  amendments into a single submission for each of the two plan
 4736  amendment adoption dates during the calendar year pursuant to s.
 4737  163.3187.
 4738         (c) A local government may adopt a proposed plan amendment
 4739  previously transmitted pursuant to this subsection, unless
 4740  review is requested or otherwise initiated pursuant to
 4741  subsection (6).
 4742         (d) In cases in which a local government transmits multiple
 4743  individual amendments that can be clearly and legally separated
 4744  and distinguished for the purpose of determining whether to
 4745  review the proposed amendment, and the state land planning
 4746  agency elects to review several or a portion of the amendments
 4747  and the local government chooses to immediately adopt the
 4748  remaining amendments not reviewed, the amendments immediately
 4749  adopted and any reviewed amendments that the local government
 4750  subsequently adopts together constitute one amendment cycle in
 4751  accordance with s. 163.3187(1).
 4752         (e) At the request of an applicant, a local government
 4753  shall consider an application for zoning changes that would be
 4754  required to properly enact the provisions of any proposed plan
 4755  amendment transmitted pursuant to this subsection. Zoning
 4756  changes approved by the local government are contingent upon the
 4757  comprehensive plan or plan amendment transmitted becoming
 4758  effective.
 4759         (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
 4760  specified in paragraph (3)(a) shall provide comments to the
 4761  state land planning agency within 30 days after receipt by the
 4762  state land planning agency of the complete proposed plan
 4763  amendment. If the plan or plan amendment includes or relates to
 4764  the public school facilities element pursuant to s.
 4765  163.3177(12), the state land planning agency shall submit a copy
 4766  to the Office of Educational Facilities of the Commissioner of
 4767  Education for review and comment. The appropriate regional
 4768  planning council shall also provide its written comments to the
 4769  state land planning agency within 30 days after receipt by the
 4770  state land planning agency of the complete proposed plan
 4771  amendment and shall specify any objections, recommendations for
 4772  modifications, and comments of any other regional agencies to
 4773  which the regional planning council may have referred the
 4774  proposed plan amendment. Written comments submitted by the
 4775  public within 30 days after notice of transmittal by the local
 4776  government of the proposed plan amendment will be considered as
 4777  if submitted by governmental agencies. All written agency and
 4778  public comments must be made part of the file maintained under
 4779  subsection (2).
 4780         (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.—The review of
 4781  the regional planning council pursuant to subsection (4) shall
 4782  be limited to effects on regional resources or facilities
 4783  identified in the strategic regional policy plan and
 4784  extrajurisdictional impacts which would be inconsistent with the
 4785  comprehensive plan of the affected local government. However,
 4786  any inconsistency between a local plan or plan amendment and a
 4787  strategic regional policy plan must not be the sole basis for a
 4788  notice of intent to find a local plan or plan amendment not in
 4789  compliance with this act. A regional planning council shall not
 4790  review and comment on a proposed comprehensive plan it prepared
 4791  itself unless the plan has been changed by the local government
 4792  subsequent to the preparation of the plan by the regional
 4793  planning agency. The review of the county land planning agency
 4794  pursuant to subsection (4) shall be primarily in the context of
 4795  the relationship and effect of the proposed plan amendment on
 4796  any county comprehensive plan element. Any review by
 4797  municipalities will be primarily in the context of the
 4798  relationship and effect on the municipal plan.
 4799         (6) STATE LAND PLANNING AGENCY REVIEW.—
 4800         (a) The state land planning agency shall review a proposed
 4801  plan amendment upon request of a regional planning council,
 4802  affected person, or local government transmitting the plan
 4803  amendment. The request from the regional planning council or
 4804  affected person must be received within 30 days after
 4805  transmittal of the proposed plan amendment pursuant to
 4806  subsection (3). A regional planning council or affected person
 4807  requesting a review shall do so by submitting a written request
 4808  to the agency with a notice of the request to the local
 4809  government and any other person who has requested notice.
 4810         (b) The state land planning agency may review any proposed
 4811  plan amendment regardless of whether a request for review has
 4812  been made, if the agency gives notice to the local government,
 4813  and any other person who has requested notice, of its intention
 4814  to conduct such a review within 35 days after receipt of the
 4815  complete proposed plan amendment.
 4816         (c) The state land planning agency shall establish by rule
 4817  a schedule for receipt of comments from the various government
 4818  agencies, as well as written public comments, pursuant to
 4819  subsection (4). If the state land planning agency elects to
 4820  review the amendment or the agency is required to review the
 4821  amendment as specified in paragraph (a), the agency shall issue
 4822  a report giving its objections, recommendations, and comments
 4823  regarding the proposed amendment within 60 days after receipt of
 4824  the complete proposed amendment by the state land planning
 4825  agency. When a federal, state, or regional agency has
 4826  implemented a permitting program, the state land planning agency
 4827  shall not require a local government to duplicate or exceed that
 4828  permitting program in its comprehensive plan or to implement
 4829  such a permitting program in its land development regulations.
 4830  Nothing contained herein shall prohibit the state land planning
 4831  agency in conducting its review of local plans or plan
 4832  amendments from making objections, recommendations, and comments
 4833  or making compliance determinations regarding densities and
 4834  intensities consistent with the provisions of this part. In
 4835  preparing its comments, the state land planning agency shall
 4836  only base its considerations on written, and not oral, comments,
 4837  from any source.
 4838         (d) The state land planning agency review shall identify
 4839  all written communications with the agency regarding the
 4840  proposed plan amendment. If the state land planning agency does
 4841  not issue such a review, it shall identify in writing to the
 4842  local government all written communications received 30 days
 4843  after transmittal. The written identification must include a
 4844  list of all documents received or generated by the agency, which
 4845  list must be of sufficient specificity to enable the documents
 4846  to be identified and copies requested, if desired, and the name
 4847  of the person to be contacted to request copies of any
 4848  identified document. The list of documents must be made a part
 4849  of the public records of the state land planning agency.
 4850         (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
 4851  OR AMENDMENTS AND TRANSMITTAL.—
 4852         (a) The local government shall review the written comments
 4853  submitted to it by the state land planning agency, and any other
 4854  person, agency, or government. Any comments, recommendations, or
 4855  objections and any reply to them shall be public documents, a
 4856  part of the permanent record in the matter, and admissible in
 4857  any proceeding in which the comprehensive plan or plan amendment
 4858  may be at issue. The local government, upon receipt of written
 4859  comments from the state land planning agency, shall have 120
 4860  days to adopt or adopt with changes the proposed comprehensive
 4861  plan or s. 163.3191 plan amendments. In the case of
 4862  comprehensive plan amendments other than those proposed pursuant
 4863  to s. 163.3191, the local government shall have 60 days to adopt
 4864  the amendment, adopt the amendment with changes, or determine
 4865  that it will not adopt the amendment. The adoption of the
 4866  proposed plan or plan amendment or the determination not to
 4867  adopt a plan amendment, other than a plan amendment proposed
 4868  pursuant to s. 163.3191, shall be made in the course of a public
 4869  hearing pursuant to subsection (15). The local government shall
 4870  transmit the complete adopted comprehensive plan or plan
 4871  amendment, including the names and addresses of persons compiled
 4872  pursuant to paragraph (15)(c), to the state land planning agency
 4873  as specified in the agency’s procedural rules within 10 working
 4874  days after adoption. The local governing body shall also
 4875  transmit a copy of the adopted comprehensive plan or plan
 4876  amendment to the regional planning agency and to any other unit
 4877  of local government or governmental agency in the state that has
 4878  filed a written request with the governing body for a copy of
 4879  the plan or plan amendment.
 4880         (b) If the adopted plan amendment is unchanged from the
 4881  proposed plan amendment transmitted pursuant to subsection (3)
 4882  and an affected person as defined in paragraph (1)(a) did not
 4883  raise any objection, the state land planning agency did not
 4884  review the proposed plan amendment, and the state land planning
 4885  agency did not raise any objections during its review pursuant
 4886  to subsection (6), the local government may state in the
 4887  transmittal letter that the plan amendment is unchanged and was
 4888  not the subject of objections.
 4889         (8) NOTICE OF INTENT.—
 4890         (a) If the transmittal letter correctly states that the
 4891  plan amendment is unchanged and was not the subject of review or
 4892  objections pursuant to paragraph (7)(b), the state land planning
 4893  agency has 20 days after receipt of the transmittal letter
 4894  within which to issue a notice of intent that the plan amendment
 4895  is in compliance.
 4896         (b) Except as provided in paragraph (a) or in s.
 4897  163.3187(3), the state land planning agency, upon receipt of a
 4898  local government’s complete adopted comprehensive plan or plan
 4899  amendment, shall have 45 days for review and to determine if the
 4900  plan or plan amendment is in compliance with this act, unless
 4901  the amendment is the result of a compliance agreement entered
 4902  into under subsection (16), in which case the time period for
 4903  review and determination shall be 30 days. If review was not
 4904  conducted under subsection (6), the agency’s determination must
 4905  be based upon the plan amendment as adopted. If review was
 4906  conducted under subsection (6), the agency’s determination of
 4907  compliance must be based only upon one or both of the following:
 4908         1. The state land planning agency’s written comments to the
 4909  local government pursuant to subsection (6); or
 4910         2. Any changes made by the local government to the
 4911  comprehensive plan or plan amendment as adopted.
 4912         (c)1. During the time period provided for in this
 4913  subsection, the state land planning agency shall issue, through
 4914  a senior administrator or the secretary, as specified in the
 4915  agency’s procedural rules, a notice of intent to find that the
 4916  plan or plan amendment is in compliance or not in compliance. A
 4917  notice of intent shall be issued by publication in the manner
 4918  provided by this paragraph and by mailing a copy to the local
 4919  government. The advertisement shall be placed in that portion of
 4920  the newspaper where legal notices appear. The advertisement
 4921  shall be published in a newspaper that meets the size and
 4922  circulation requirements set forth in paragraph (15)(e) and that
 4923  has been designated in writing by the affected local government
 4924  at the time of transmittal of the amendment. Publication by the
 4925  state land planning agency of a notice of intent in the
 4926  newspaper designated by the local government shall be prima
 4927  facie evidence of compliance with the publication requirements
 4928  of this section. The state land planning agency shall post a
 4929  copy of the notice of intent on the agency’s Internet site. The
 4930  agency shall, no later than the date the notice of intent is
 4931  transmitted to the newspaper, send by regular mail a courtesy
 4932  informational statement to persons who provide their names and
 4933  addresses to the local government at the transmittal hearing or
 4934  at the adoption hearing where the local government has provided
 4935  the names and addresses of such persons to the department at the
 4936  time of transmittal of the adopted amendment. The informational
 4937  statements shall include the name of the newspaper in which the
 4938  notice of intent will appear, the approximate date of
 4939  publication, the ordinance number of the plan or plan amendment,
 4940  and a statement that affected persons have 21 days after the
 4941  actual date of publication of the notice to file a petition.
 4942         2. A local government that has an Internet site shall post
 4943  a copy of the state land planning agency’s notice of intent on
 4944  the site within 5 days after receipt of the mailed copy of the
 4945  agency’s notice of intent.
 4946         (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.—
 4947         (a) If the state land planning agency issues a notice of
 4948  intent to find that the comprehensive plan or plan amendment
 4949  transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
 4950  or s. 163.3191 is in compliance with this act, any affected
 4951  person may file a petition with the agency pursuant to ss.
 4952  120.569 and 120.57 within 21 days after the publication of
 4953  notice. In this proceeding, the local plan or plan amendment
 4954  shall be determined to be in compliance if the local
 4955  government’s determination of compliance is fairly debatable.
 4956         (b) The hearing shall be conducted by an administrative law
 4957  judge of the Division of Administrative Hearings of the
 4958  Department of Management Services, who shall hold the hearing in
 4959  the county of and convenient to the affected local jurisdiction
 4960  and submit a recommended order to the state land planning
 4961  agency. The state land planning agency shall allow for the
 4962  filing of exceptions to the recommended order and shall issue a
 4963  final order after receipt of the recommended order if the state
 4964  land planning agency determines that the plan or plan amendment
 4965  is in compliance. If the state land planning agency determines
 4966  that the plan or plan amendment is not in compliance, the agency
 4967  shall submit the recommended order to the Administration
 4968  Commission for final agency action.
 4969         (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
 4970  COMPLIANCE.—
 4971         (a) If the state land planning agency issues a notice of
 4972  intent to find the comprehensive plan or plan amendment not in
 4973  compliance with this act, the notice of intent shall be
 4974  forwarded to the Division of Administrative Hearings of the
 4975  Department of Management Services, which shall conduct a
 4976  proceeding under ss. 120.569 and 120.57 in the county of and
 4977  convenient to the affected local jurisdiction. The parties to
 4978  the proceeding shall be the state land planning agency, the
 4979  affected local government, and any affected person who
 4980  intervenes. No new issue may be alleged as a reason to find a
 4981  plan or plan amendment not in compliance in an administrative
 4982  pleading filed more than 21 days after publication of notice
 4983  unless the party seeking that issue establishes good cause for
 4984  not alleging the issue within that time period. Good cause shall
 4985  not include excusable neglect. In the proceeding, the local
 4986  government’s determination that the comprehensive plan or plan
 4987  amendment is in compliance is presumed to be correct. The local
 4988  government’s determination shall be sustained unless it is shown
 4989  by a preponderance of the evidence that the comprehensive plan
 4990  or plan amendment is not in compliance. The local government’s
 4991  determination that elements of its plans are related to and
 4992  consistent with each other shall be sustained if the
 4993  determination is fairly debatable.
 4994         (b) The administrative law judge assigned by the division
 4995  shall submit a recommended order to the Administration
 4996  Commission for final agency action.
 4997         (c) Prior to the hearing, the state land planning agency
 4998  shall afford an opportunity to mediate or otherwise resolve the
 4999  dispute. If a party to the proceeding requests mediation or
 5000  other alternative dispute resolution, the hearing may not be
 5001  held until the state land planning agency advises the
 5002  administrative law judge in writing of the results of the
 5003  mediation or other alternative dispute resolution. However, the
 5004  hearing may not be delayed for longer than 90 days for mediation
 5005  or other alternative dispute resolution unless a longer delay is
 5006  agreed to by the parties to the proceeding. The costs of the
 5007  mediation or other alternative dispute resolution shall be borne
 5008  equally by all of the parties to the proceeding.
 5009         (11) ADMINISTRATION COMMISSION.—
 5010         (a) If the Administration Commission, upon a hearing
 5011  pursuant to subsection (9) or subsection (10), finds that the
 5012  comprehensive plan or plan amendment is not in compliance with
 5013  this act, the commission shall specify remedial actions which
 5014  would bring the comprehensive plan or plan amendment into
 5015  compliance. The commission may direct state agencies not to
 5016  provide funds to increase the capacity of roads, bridges, or
 5017  water and sewer systems within the boundaries of those local
 5018  governmental entities which have comprehensive plans or plan
 5019  elements that are determined not to be in compliance. The
 5020  commission order may also specify that the local government
 5021  shall not be eligible for grants administered under the
 5022  following programs:
 5023         1. The Florida Small Cities Community Development Block
 5024  Grant Program, as authorized by ss. 290.0401-290.049.
 5025         2. The Florida Recreation Development Assistance Program,
 5026  as authorized by chapter 375.
 5027         3. Revenue sharing pursuant to ss. 206.60, 210.20, and
 5028  218.61 and chapter 212, to the extent not pledged to pay back
 5029  bonds.
 5030         (b) If the local government is one which is required to
 5031  include a coastal management element in its comprehensive plan
 5032  pursuant to s. 163.3177(6)(g), the commission order may also
 5033  specify that the local government is not eligible for funding
 5034  pursuant to s. 161.091. The commission order may also specify
 5035  that the fact that the coastal management element has been
 5036  determined to be not in compliance shall be a consideration when
 5037  the department considers permits under s. 161.053 and when the
 5038  Board of Trustees of the Internal Improvement Trust Fund
 5039  considers whether to sell, convey any interest in, or lease any
 5040  sovereignty lands or submerged lands until the element is
 5041  brought into compliance.
 5042         (c) The sanctions provided by paragraphs (a) and (b) do
 5043  shall not apply to a local government regarding any plan
 5044  amendment, except for plan amendments that amend plans that have
 5045  not been finally determined to be in compliance with this part,
 5046  and except as provided in s. 163.3189(2) or s. 163.3191(9) s.
 5047  163.3191(11).
 5048         (12) GOOD FAITH FILING.—The signature of an attorney or
 5049  party constitutes a certificate that he or she has read the
 5050  pleading, motion, or other paper and that, to the best of his or
 5051  her knowledge, information, and belief formed after reasonable
 5052  inquiry, it is not interposed for any improper purpose, such as
 5053  to harass or to cause unnecessary delay, or for economic
 5054  advantage, competitive reasons, or frivolous purposes or
 5055  needless increase in the cost of litigation. If a pleading,
 5056  motion, or other paper is signed in violation of these
 5057  requirements, the administrative law judge, upon motion or his
 5058  or her own initiative, shall impose upon the person who signed
 5059  it, a represented party, or both, an appropriate sanction, which
 5060  may include an order to pay to the other party or parties the
 5061  amount of reasonable expenses incurred because of the filing of
 5062  the pleading, motion, or other paper, including a reasonable
 5063  attorney’s fee.
 5064         (13) EXCLUSIVE PROCEEDINGS.—The proceedings under this
 5065  section shall be the sole proceeding or action for a
 5066  determination of whether a local government’s plan, element, or
 5067  amendment is in compliance with this act.
 5068         (14) AREAS OF CRITICAL STATE CONCERN.—No proposed local
 5069  government comprehensive plan or plan amendment which is
 5070  applicable to a designated area of critical state concern shall
 5071  be effective until a final order is issued finding the plan or
 5072  amendment to be in compliance as defined in this section.
 5073         (15) PUBLIC HEARINGS.—
 5074         (a) The procedure for transmittal of a complete proposed
 5075  comprehensive plan or plan amendment pursuant to subsection (3)
 5076  and for adoption of a comprehensive plan or plan amendment
 5077  pursuant to subsection (7) shall be by affirmative vote of not
 5078  less than a majority of the members of the governing body
 5079  present at the hearing. The adoption of a comprehensive plan or
 5080  plan amendment shall be by ordinance. For the purposes of
 5081  transmitting or adopting a comprehensive plan or plan amendment,
 5082  the notice requirements in chapters 125 and 166 are superseded
 5083  by this subsection, except as provided in this part.
 5084         (b) The local governing body shall hold at least two
 5085  advertised public hearings on the proposed comprehensive plan or
 5086  plan amendment as follows:
 5087         1. The first public hearing shall be held at the
 5088  transmittal stage pursuant to subsection (3). It shall be held
 5089  on a weekday at least 7 days after the day that the first
 5090  advertisement is published.
 5091         2. The second public hearing shall be held at the adoption
 5092  stage pursuant to subsection (7). It shall be held on a weekday
 5093  at least 5 days after the day that the second advertisement is
 5094  published.
 5095         (c) The local government shall provide a sign-in form at
 5096  the transmittal hearing and at the adoption hearing for persons
 5097  to provide their names and mailing addresses. The sign-in form
 5098  must advise that any person providing the requested information
 5099  will receive a courtesy informational statement concerning
 5100  publications of the state land planning agency’s notice of
 5101  intent. The local government shall add to the sign-in form the
 5102  name and address of any person who submits written comments
 5103  concerning the proposed plan or plan amendment during the time
 5104  period between the commencement of the transmittal hearing and
 5105  the end of the adoption hearing. It is the responsibility of the
 5106  person completing the form or providing written comments to
 5107  accurately, completely, and legibly provide all information
 5108  needed in order to receive the courtesy informational statement.
 5109         (d) The agency shall provide a model sign-in form for
 5110  providing the list to the agency which may be used by the local
 5111  government to satisfy the requirements of this subsection.
 5112         (e) If the proposed comprehensive plan or plan amendment
 5113  changes the actual list of permitted, conditional, or prohibited
 5114  uses within a future land use category or changes the actual
 5115  future land use map designation of a parcel or parcels of land,
 5116  the required advertisements shall be in the format prescribed by
 5117  s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
 5118  municipality.
 5119         (16) COMPLIANCE AGREEMENTS.—
 5120         (a) At any time following the issuance of a notice of
 5121  intent to find a comprehensive plan or plan amendment not in
 5122  compliance with this part or after the initiation of a hearing
 5123  pursuant to subsection (9), the state land planning agency and
 5124  the local government may voluntarily enter into a compliance
 5125  agreement to resolve one or more of the issues raised in the
 5126  proceedings. Affected persons who have initiated a formal
 5127  proceeding or have intervened in a formal proceeding may also
 5128  enter into the compliance agreement. All parties granted
 5129  intervenor status shall be provided reasonable notice of the
 5130  commencement of a compliance agreement negotiation process and a
 5131  reasonable opportunity to participate in such negotiation
 5132  process. Negotiation meetings with local governments or
 5133  intervenors shall be open to the public. The state land planning
 5134  agency shall provide each party granted intervenor status with a
 5135  copy of the compliance agreement within 10 days after the
 5136  agreement is executed. The compliance agreement shall list each
 5137  portion of the plan or plan amendment which is not in
 5138  compliance, and shall specify remedial actions which the local
 5139  government must complete within a specified time in order to
 5140  bring the plan or plan amendment into compliance, including
 5141  adoption of all necessary plan amendments. The compliance
 5142  agreement may also establish monitoring requirements and
 5143  incentives to ensure that the conditions of the compliance
 5144  agreement are met.
 5145         (b) Upon filing by the state land planning agency of a
 5146  compliance agreement executed by the agency and the local
 5147  government with the Division of Administrative Hearings, any
 5148  administrative proceeding under ss. 120.569 and 120.57 regarding
 5149  the plan or plan amendment covered by the compliance agreement
 5150  shall be stayed.
 5151         (c) Prior to its execution of a compliance agreement, the
 5152  local government must approve the compliance agreement at a
 5153  public hearing advertised at least 10 days before the public
 5154  hearing in a newspaper of general circulation in the area in
 5155  accordance with the advertisement requirements of subsection
 5156  (15).
 5157         (d) A local government may adopt a plan amendment pursuant
 5158  to a compliance agreement in accordance with the requirements of
 5159  paragraph (15)(a). The plan amendment shall be exempt from the
 5160  requirements of subsections (2)-(7). The local government shall
 5161  hold a single adoption public hearing pursuant to the
 5162  requirements of subparagraph (15)(b)2. and paragraph (15)(e).
 5163  Within 10 working days after adoption of a plan amendment, the
 5164  local government shall transmit the amendment to the state land
 5165  planning agency as specified in the agency’s procedural rules,
 5166  and shall submit one copy to the regional planning agency and to
 5167  any other unit of local government or government agency in the
 5168  state that has filed a written request with the governing body
 5169  for a copy of the plan amendment, and one copy to any party to
 5170  the proceeding under ss. 120.569 and 120.57 granted intervenor
 5171  status.
 5172         (e) The state land planning agency, upon receipt of a plan
 5173  amendment adopted pursuant to a compliance agreement, shall
 5174  issue a cumulative notice of intent addressing both the
 5175  compliance agreement amendment and the plan or plan amendment
 5176  that was the subject of the agreement, in accordance with
 5177  subsection (8).
 5178         (f)1. If the local government adopts a comprehensive plan
 5179  amendment pursuant to a compliance agreement and a notice of
 5180  intent to find the plan amendment in compliance is issued, the
 5181  state land planning agency shall forward the notice of intent to
 5182  the Division of Administrative Hearings and the administrative
 5183  law judge shall realign the parties in the pending proceeding
 5184  under ss. 120.569 and 120.57, which shall thereafter be governed
 5185  by the process contained in paragraphs (9)(a) and (b), including
 5186  provisions relating to challenges by an affected person, burden
 5187  of proof, and issues of a recommended order and a final order,
 5188  except as provided in subparagraph 2. Parties to the original
 5189  proceeding at the time of realignment may continue as parties
 5190  without being required to file additional pleadings to initiate
 5191  a proceeding, but may timely amend their pleadings to raise any
 5192  challenge to the amendment which is the subject of the
 5193  cumulative notice of intent, and must otherwise conform to the
 5194  rules of procedure of the Division of Administrative Hearings.
 5195  Any affected person not a party to the realigned proceeding may
 5196  challenge the plan amendment which is the subject of the
 5197  cumulative notice of intent by filing a petition with the agency
 5198  as provided in subsection (9). The agency shall forward the
 5199  petition filed by the affected person not a party to the
 5200  realigned proceeding to the Division of Administrative Hearings
 5201  for consolidation with the realigned proceeding.
 5202         2. If any of the issues raised by the state land planning
 5203  agency in the original subsection (10) proceeding are not
 5204  resolved by the compliance agreement amendments, any intervenor
 5205  in the original subsection (10) proceeding may require those
 5206  issues to be addressed in the pending consolidated realigned
 5207  proceeding under ss. 120.569 and 120.57. As to those unresolved
 5208  issues, the burden of proof shall be governed by subsection
 5209  (10).
 5210         3. If the local government adopts a comprehensive plan
 5211  amendment pursuant to a compliance agreement and a notice of
 5212  intent to find the plan amendment not in compliance is issued,
 5213  the state land planning agency shall forward the notice of
 5214  intent to the Division of Administrative Hearings, which shall
 5215  consolidate the proceeding with the pending proceeding and
 5216  immediately set a date for hearing in the pending proceeding
 5217  under ss. 120.569 and 120.57. Affected persons who are not a
 5218  party to the underlying proceeding under ss. 120.569 and 120.57
 5219  may challenge the plan amendment adopted pursuant to the
 5220  compliance agreement by filing a petition pursuant to subsection
 5221  (10).
 5222         (g) If the local government fails to adopt a comprehensive
 5223  plan amendment pursuant to a compliance agreement, the state
 5224  land planning agency shall notify the Division of Administrative
 5225  Hearings, which shall set the hearing in the pending proceeding
 5226  under ss. 120.569 and 120.57 at the earliest convenient time.
 5227         (h) This subsection does not prohibit a local government
 5228  from amending portions of its comprehensive plan other than
 5229  those which are the subject of the compliance agreement.
 5230  However, such amendments to the plan may not be inconsistent
 5231  with the compliance agreement.
 5232         (i) Nothing in this subsection is intended to limit the
 5233  parties from entering into a compliance agreement at any time
 5234  before the final order in the proceeding is issued, provided
 5235  that the provisions of paragraph (c) shall apply regardless of
 5236  when the compliance agreement is reached.
 5237         (j) Nothing in this subsection is intended to force any
 5238  party into settlement against its will or to preclude the use of
 5239  other informal dispute resolution methods, such as the services
 5240  offered by the Florida Growth Management Dispute Resolution
 5241  Consortium, in the course of or in addition to the method
 5242  described in this subsection.
 5243         (17)COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
 5244  local government that has adopted a community vision and urban
 5245  service boundary under s. 163.3177(13) and (14) may adopt a plan
 5246  amendment related to map amendments solely to property within an
 5247  urban service boundary in the manner described in subsections
 5248  (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
 5249  and e., 2., and 3., such that state and regional agency review
 5250  is eliminated. The department may not issue an objections,
 5251  recommendations, and comments report on proposed plan amendments
 5252  or a notice of intent on adopted plan amendments; however,
 5253  affected persons, as defined by paragraph (1)(a), may file a
 5254  petition for administrative review pursuant to the requirements
 5255  of s. 163.3187(3)(a) to challenge the compliance of an adopted
 5256  plan amendment. This subsection does not apply to any amendment
 5257  within an area of critical state concern, to any amendment that
 5258  increases residential densities allowable in high-hazard coastal
 5259  areas as defined in s. 163.3178(2)(h), or to a text change to
 5260  the goals, policies, or objectives of the local government’s
 5261  comprehensive plan. Amendments submitted under this subsection
 5262  are exempt from the limitation on the frequency of plan
 5263  amendments in s. 163.3187.
 5264         (18)URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
 5265  municipality that has a designated urban infill and
 5266  redevelopment area under s. 163.2517 may adopt a plan amendment
 5267  related to map amendments solely to property within a designated
 5268  urban infill and redevelopment area in the manner described in
 5269  subsections (1), (2), (7), (14), (15), and (16) and s.
 5270  163.3187(1)(c)1.d. and e., 2., and 3., such that state and
 5271  regional agency review is eliminated. The department may not
 5272  issue an objections, recommendations, and comments report on
 5273  proposed plan amendments or a notice of intent on adopted plan
 5274  amendments; however, affected persons, as defined by paragraph
 5275  (1)(a), may file a petition for administrative review pursuant
 5276  to the requirements of s. 163.3187(3)(a) to challenge the
 5277  compliance of an adopted plan amendment. This subsection does
 5278  not apply to any amendment within an area of critical state
 5279  concern, to any amendment that increases residential densities
 5280  allowable in high-hazard coastal areas as defined in s.
 5281  163.3178(2)(h), or to a text change to the goals, policies, or
 5282  objectives of the local government’s comprehensive plan.
 5283  Amendments submitted under this subsection are exempt from the
 5284  limitation on the frequency of plan amendments in s. 163.3187.
 5285         (19)HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.—Any local
 5286  government that identifies in its comprehensive plan the types
 5287  of housing developments and conditions for which it will
 5288  consider plan amendments that are consistent with the local
 5289  housing incentive strategies identified in s. 420.9076 and
 5290  authorized by the local government may expedite consideration of
 5291  such plan amendments. At least 30 days prior to adopting a plan
 5292  amendment pursuant to this subsection, the local government
 5293  shall notify the state land planning agency of its intent to
 5294  adopt such an amendment, and the notice shall include the local
 5295  government’s evaluation of site suitability and availability of
 5296  facilities and services. A plan amendment considered under this
 5297  subsection shall require only a single public hearing before the
 5298  local governing body, which shall be a plan amendment adoption
 5299  hearing as described in subsection (7). The public notice of the
 5300  hearing required under subparagraph (15)(b)2. must include a
 5301  statement that the local government intends to use the expedited
 5302  adoption process authorized under this subsection. The state
 5303  land planning agency shall issue its notice of intent required
 5304  under subsection (8) within 30 days after determining that the
 5305  amendment package is complete. Any further proceedings shall be
 5306  governed by subsections (9)-(16).
 5307         Section 15. Subsection (6) of section 163.3187, Florida
 5308  Statutes, is amended to read:
 5309         163.3187 Amendment of adopted comprehensive plan.—
 5310         (6)(a) No local government may amend its comprehensive plan
 5311  after the date established by the state land planning agency for
 5312  adoption of its evaluation and appraisal report unless it has
 5313  submitted its report or addendum to the state land planning
 5314  agency as prescribed by s. 163.3191, except for plan amendments
 5315  described in paragraph (1)(b) or paragraph (1)(h).
 5316         (b) A local government may amend its comprehensive plan
 5317  after it has submitted its adopted evaluation and appraisal
 5318  report and for a period of 1 year after the initial
 5319  determination of sufficiency regardless of whether the report
 5320  has been determined to be insufficient.
 5321         (c) A local government may not amend its comprehensive
 5322  plan, except for plan amendments described in paragraph (1)(b),
 5323  if the 1-year period after the initial sufficiency determination
 5324  of the report has expired and the report has not been determined
 5325  to be sufficient.
 5326         (d) When the state land planning agency has determined that
 5327  the report has sufficiently addressed all pertinent provisions
 5328  of s. 163.3191, the local government may amend its comprehensive
 5329  plan without the limitations imposed by paragraph (a) or
 5330  paragraph (c).
 5331         (e) Any plan amendment which a local government attempts to
 5332  adopt in violation of paragraph (a) or paragraph (c) is invalid,
 5333  but such invalidity may be overcome if the local government
 5334  readopts the amendment and transmits the amendment to the state
 5335  land planning agency pursuant to s. 163.3184(7) after the report
 5336  is determined to be sufficient.
 5337         Section 16. Section 163.3191, Florida Statutes, is amended
 5338  to read:
 5339         163.3191 Evaluation and appraisal of comprehensive plan.—
 5340         (1) The planning program shall be a continuous and ongoing
 5341  process. As the first step in adopting an updated comprehensive
 5342  plan, each local government shall prepare adopt an evaluation
 5343  and appraisal report once every 7 years assessing the progress
 5344  in implementing the local government’s comprehensive plan
 5345  unless:.
 5346         (a) The local government qualifies as a municipality of
 5347  special financial concern, as defined in s. 200.185(1)(b), with
 5348  a per capita taxable value of assessed property of $58,000 or
 5349  less;
 5350         (b) The local government is a municipality that has a
 5351  population under 20,000 with a per capita taxable value of
 5352  assessed property of $46,000 or less; or
 5353         (c) The local government qualifies as a small county as
 5354  that term is defined in s. 120.52(19).
 5355  
 5356  The report, including the data and analysis included in the
 5357  report, shall be one basis for updating the local comprehensive
 5358  plan. The updated comprehensive plan shall be adopted after the
 5359  preparation of the report. A local government not required to
 5360  prepare a report is not required to update its comprehensive
 5361  plan as set forth in this section.
 5362         (2) Furthermore, it is the intent of this section that:
 5363         (a) Adopted comprehensive plans be updated reviewed through
 5364  such evaluation process to respond to changes in state,
 5365  regional, and local policies on planning and growth management
 5366  and changing conditions and trends, to ensure effective
 5367  intergovernmental coordination, and to identify major issues
 5368  regarding the community’s achievement of its goals.
 5369         (b) The initial evaluation and appraisal report shall be
 5370  based on the original comprehensive plan. After completion of
 5371  the initial evaluation and appraisal report and any supporting
 5372  plan amendments, each subsequent evaluation and appraisal report
 5373  must evaluate the comprehensive plan as amended by the most
 5374  recent evaluation and appraisal report update amendments in
 5375  effect at the time of the initiation of the evaluation and
 5376  appraisal report process.
 5377         (c) Local governments identify the major issues as part of,
 5378  if applicable, with input from state agencies, regional
 5379  agencies, adjacent local governments, and the public in the
 5380  evaluation and appraisal report process. The Legislature
 5381  encourages local governments to incorporate visioning, as set
 5382  forth at s. 163.3167(8), or other similar techniques, as part of
 5383  the process to foster public participation and to aid in
 5384  identifying the major issues.
 5385         (d) It is also the intent of this section to establish
 5386  minimum requirements for information to ensure predictability,
 5387  certainty, and integrity in the growth management process. The
 5388  report is intended to serve as a summary audit of the actions
 5389  that a local government has undertaken and identify changes that
 5390  it may need to make. The report should be based on the local
 5391  government’s analysis of major issues to further the community’s
 5392  goals consistent with statewide minimum standards. The report is
 5393  not intended to require a comprehensive rewrite of the elements
 5394  within the local plan, unless a local government chooses to do
 5395  so.
 5396         (3)(2) The report shall present an evaluation and
 5397  assessment of the comprehensive plan and is encouraged to shall
 5398  contain appropriate statements to update the comprehensive plan,
 5399  including, but not limited to, words, maps, illustrations, or
 5400  other media, related to:
 5401         (a) Community-wide assessment.
 5402         1.(a) Population growth and changes in land area, including
 5403  projections for the next long-term planning timeframe
 5404  annexation, since the adoption of the original plan or the most
 5405  recent update amendments.
 5406         2.(b) The extent of vacant and developable land for each
 5407  future land use category included in the plan.
 5408         3.(c)An evaluation of the extent to which The financial
 5409  feasibility of implementing the comprehensive plan and of
 5410  providing needed infrastructure was provided during the
 5411  evaluation period to address infrastructure backlogs and meet
 5412  the demands of growth on public services and facilities through
 5413  the achievement and maintenance of to achieve and maintain
 5414  adopted level-of-service standards and sustainment of sustain
 5415  concurrency management systems through the capital improvements
 5416  element, as well as the ability to address infrastructure
 5417  backlogs and meet the demands of growth on public services and
 5418  facilities.
 5419         4.(d) The location of existing development in relation to
 5420  the location of development as anticipated in the original plan,
 5421  or in the plan as amended by the most recent evaluation and
 5422  appraisal report update amendments, such as within areas
 5423  designated for urban growth.
 5424         (e)An identification of the major issues for the
 5425  jurisdiction and, where pertinent, the potential social,
 5426  economic, and environmental impacts.
 5427         5.(f) Relevant changes to the state comprehensive plan, the
 5428  requirements of this part, the minimum criteria contained in
 5429  chapter 9J-5, Florida Administrative Code, and the appropriate
 5430  strategic regional policy plan since the adoption of the
 5431  original plan or the most recent evaluation and appraisal report
 5432  update amendments.
 5433         (g)An assessment of whether the plan objectives within
 5434  each element, as they relate to major issues, have been
 5435  achieved. The report shall include, as appropriate, an
 5436  identification as to whether unforeseen or unanticipated changes
 5437  in circumstances have resulted in problems or opportunities with
 5438  respect to major issues identified in each element and the
 5439  social, economic, and environmental impacts of the issue.
 5440         6.(h) A brief assessment of successes and shortcomings
 5441  related to each element of the plan.
 5442         7. A summary of the public participation program and
 5443  activities undertaken by the local government in preparing the
 5444  report.
 5445         (b) Evaluation of major community planning issues.
 5446         1. An identification of the major issues for the
 5447  jurisdiction and, where pertinent, the potential social,
 5448  economic, and environmental impacts.
 5449         2. An assessment of whether the plan objectives within each
 5450  element, as they relate to major issues, have been achieved. The
 5451  report shall include, as appropriate, identification as to
 5452  whether unforeseen or unanticipated changes in circumstances
 5453  have resulted in problems or opportunities with respect to major
 5454  issues identified in each element and the social, economic, and
 5455  environmental impacts of the issue.
 5456         3.(i) The identification of any actions or corrective
 5457  measures, including whether plan amendments, are anticipated to
 5458  address the major issues identified and analyzed in the report.
 5459  Such identification shall include, as appropriate, new
 5460  population projections, new updated revised planning timeframes,
 5461  a updated revised future conditions map or map series, an
 5462  updated capital improvements element, and any new and updated
 5463  revised goals, objectives, and policies for major issues
 5464  identified within each element. Recommended changes to the
 5465  comprehensive plan shall be summarized in a single section of
 5466  the report. This paragraph shall not require the submittal of
 5467  the plan amendments with the evaluation and appraisal report.
 5468         (j)A summary of the public participation program and
 5469  activities undertaken by the local government in preparing the
 5470  report.
 5471         (k)The coordination of the comprehensive plan with
 5472  existing public schools and those identified in the applicable
 5473  educational facilities plan adopted pursuant to s. 1013.35. The
 5474  assessment shall address, where relevant, the success or failure
 5475  of the coordination of the future land use map and associated
 5476  planned residential development with public schools and their
 5477  capacities, as well as the joint decisionmaking processes
 5478  engaged in by the local government and the school board in
 5479  regard to establishing appropriate population projections and
 5480  the planning and siting of public school facilities. For those
 5481  counties or municipalities that do not have a public schools
 5482  interlocal agreement or public school facilities element, the
 5483  assessment shall determine whether the local government
 5484  continues to meet the criteria of s. 163.3177(12). If the county
 5485  or municipality determines that it no longer meets the criteria,
 5486  it must adopt appropriate school concurrency goals, objectives,
 5487  and policies in its plan amendments pursuant to the requirements
 5488  of the public school facilities element, and enter into the
 5489  existing interlocal agreement required by ss. 163.3177(6)(h)2.
 5490  and 163.31777 in order to fully participate in the school
 5491  concurrency system.
 5492         (l)The extent to which the local government has been
 5493  successful in identifying alternative water supply projects and
 5494  traditional water supply projects, including conservation and
 5495  reuse, necessary to meet the water needs identified in s.
 5496  373.709(2)(a) within the local government’s jurisdiction. The
 5497  report must evaluate the degree to which the local government
 5498  has implemented the work plan for building public, private, and
 5499  regional water supply facilities, including development of
 5500  alternative water supplies, identified in the element as
 5501  necessary to serve existing and new development.
 5502         (m)If any of the jurisdiction of the local government is
 5503  located within the coastal high-hazard area, an evaluation of
 5504  whether any past reduction in land use density impairs the
 5505  property rights of current residents when redevelopment occurs,
 5506  including, but not limited to, redevelopment following a natural
 5507  disaster. The property rights of current residents shall be
 5508  balanced with public safety considerations. The local government
 5509  must identify strategies to address redevelopment feasibility
 5510  and the property rights of affected residents. These strategies
 5511  may include the authorization of redevelopment up to the actual
 5512  built density in existence on the property prior to the natural
 5513  disaster or redevelopment.
 5514         4.(n) An assessment of whether the criteria adopted
 5515  pursuant to s. 163.3177(6)(a) were successful in achieving
 5516  compatibility with military installations.
 5517         (o)The extent to which a concurrency exception area
 5518  designated pursuant to s. 163.3180(5), a concurrency management
 5519  area designated pursuant to s. 163.3180(7), or a multimodal
 5520  transportation district designated pursuant to s. 163.3180(15)
 5521  has achieved the purpose for which it was created and otherwise
 5522  complies with the provisions of s. 163.3180.
 5523         (p)An assessment of the extent to which changes are needed
 5524  to develop a common methodology for measuring impacts on
 5525  transportation facilities for the purpose of implementing its
 5526  concurrency management system in coordination with the
 5527  municipalities and counties, as appropriate pursuant to s.
 5528  163.3180(10).
 5529         (3)Voluntary scoping meetings may be conducted by each
 5530  local government or several local governments within the same
 5531  county that agree to meet together. Joint meetings among all
 5532  local governments in a county are encouraged. All scoping
 5533  meetings shall be completed at least 1 year prior to the
 5534  established adoption date of the report. The purpose of the
 5535  meetings shall be to distribute data and resources available to
 5536  assist in the preparation of the report, to provide input on
 5537  major issues in each community that should be addressed in the
 5538  report, and to advise on the extent of the effort for the
 5539  components of subsection (2). If scoping meetings are held, the
 5540  local government shall invite each state and regional reviewing
 5541  agency, as well as adjacent and other affected local
 5542  governments. A preliminary list of new data and major issues
 5543  that have emerged since the adoption of the original plan, or
 5544  the most recent evaluation and appraisal report-based update
 5545  amendments, should be developed by state and regional entities
 5546  and involved local governments for distribution at the scoping
 5547  meeting. For purposes of this subsection, a “scoping meeting” is
 5548  a meeting conducted to determine the scope of review of the
 5549  evaluation and appraisal report by parties to which the report
 5550  relates.
 5551         (4) The local planning agency shall prepare the evaluation
 5552  and appraisal report and updated comprehensive plan and shall
 5553  make recommendations to the governing body regarding adoption of
 5554  the plan proposed report. The local planning agency shall
 5555  prepare the report in conformity with its public participation
 5556  procedures adopted as required by s. 163.3181. During the
 5557  preparation of the proposed report and prior to making any
 5558  recommendation to the governing body, the local planning agency
 5559  shall hold at least one public hearing, with public notice, on
 5560  the proposed report. At a minimum, the format and content of the
 5561  proposed report shall include a table of contents; numbered
 5562  pages; element headings; section headings within elements; a
 5563  list of included tables, maps, and figures; a title and sources
 5564  for all included tables; a preparation date; and the name of the
 5565  preparer. Where applicable, maps shall include major natural and
 5566  artificial geographic features; city, county, and state lines;
 5567  and a legend indicating a north arrow, map scale, and the date.
 5568         (5)Ninety days prior to the scheduled adoption date, the
 5569  local government may provide a proposed evaluation and appraisal
 5570  report to the state land planning agency and distribute copies
 5571  to state and regional commenting agencies as prescribed by rule,
 5572  adjacent jurisdictions, and interested citizens for review. All
 5573  review comments, including comments by the state land planning
 5574  agency, shall be transmitted to the local government and state
 5575  land planning agency within 30 days after receipt of the
 5576  proposed report.
 5577         (6)The governing body, after considering the review
 5578  comments and recommended changes, if any, shall adopt the
 5579  evaluation and appraisal report by resolution or ordinance at a
 5580  public hearing with public notice. The governing body shall
 5581  adopt the report in conformity with its public participation
 5582  procedures adopted as required by s. 163.3181. The local
 5583  government shall submit to the state land planning agency three
 5584  copies of the report, a transmittal letter indicating the dates
 5585  of public hearings, and a copy of the adoption resolution or
 5586  ordinance. The local government shall provide a copy of the
 5587  report to the reviewing agencies which provided comments for the
 5588  proposed report, or to all the reviewing agencies if a proposed
 5589  report was not provided pursuant to subsection (5), including
 5590  the adjacent local governments. Within 60 days after receipt,
 5591  the state land planning agency shall review the adopted report
 5592  and make a preliminary sufficiency determination that shall be
 5593  forwarded by the agency to the local government for its
 5594  consideration. The state land planning agency shall issue a
 5595  final sufficiency determination within 90 days after receipt of
 5596  the adopted evaluation and appraisal report.
 5597         (5)(7) The intent of the evaluation and appraisal process
 5598  is the preparation of a plan update that clearly and concisely
 5599  achieves the purpose of this section. The evaluation and
 5600  appraisal report shall be submitted as data and analysis in
 5601  support of the evaluation and appraisal report based amendments.
 5602  Toward this end, the sufficiency review of the state land
 5603  planning agency shall concentrate on whether the evaluation and
 5604  appraisal report sufficiently fulfills the components of
 5605  subsection (2). If the state land planning agency determines
 5606  that the report is insufficient, the governing body shall adopt
 5607  a revision of the report and submit the revised report for
 5608  review pursuant to subsection (6).
 5609         (8)The state land planning agency may delegate the review
 5610  of evaluation and appraisal reports, including all state land
 5611  planning agency duties under subsections (4)-(7), to the
 5612  appropriate regional planning council. When the review has been
 5613  delegated to a regional planning council, any local government
 5614  in the region may elect to have its report reviewed by the
 5615  regional planning council rather than the state land planning
 5616  agency. The state land planning agency shall by agreement
 5617  provide for uniform and adequate review of reports and shall
 5618  retain oversight for any delegation of review to a regional
 5619  planning council.
 5620         (9)The state land planning agency may establish a phased
 5621  schedule for adoption of reports. The schedule shall provide
 5622  each local government at least 7 years from plan adoption or
 5623  last established adoption date for a report and shall allot
 5624  approximately one-seventh of the reports to any 1 year. In order
 5625  to allow the municipalities to use data and analyses gathered by
 5626  the counties, the state land planning agency shall schedule
 5627  municipal report adoption dates between 1 year and 18 months
 5628  later than the report adoption date for the county in which
 5629  those municipalities are located. A local government may adopt
 5630  its report no earlier than 90 days prior to the established
 5631  adoption date. Small municipalities which were scheduled by
 5632  chapter 9J-33, Florida Administrative Code, to adopt their
 5633  evaluation and appraisal report after February 2, 1999, shall be
 5634  rescheduled to adopt their report together with the other
 5635  municipalities in their county as provided in this subsection.
 5636         (6)(10)Local governments subject to this section shall
 5637  update their comprehensive plans based on the requirements of
 5638  this section at least once every 7 years. The governing body
 5639  shall amend its comprehensive plan based on the recommendations
 5640  in the report and shall update the comprehensive plan based on
 5641  the components of subsection (2), pursuant to the provisions of
 5642  ss. 163.3184, 163.3187, and 163.3189. Amendments to update a
 5643  comprehensive plan based on the evaluation and appraisal report
 5644  shall be adopted during a single amendment cycle within 18
 5645  months after the report is determined to be sufficient by the
 5646  state land planning agency, except the state land planning
 5647  agency may grant an extension for adoption of a portion of such
 5648  amendments. The state land planning agency may grant a 6-month
 5649  extension for the adoption of such amendments if the request is
 5650  justified by good and sufficient cause as determined by the
 5651  agency. An additional extension may also be granted if the
 5652  request will result in greater coordination between
 5653  transportation and land use, for the purposes of improving
 5654  Florida’s transportation system, as determined by the agency in
 5655  coordination with the Metropolitan Planning Organization
 5656  program. beginning July 1, 2006, failure to timely adopt and
 5657  transmit update amendments to the comprehensive plan based on
 5658  the evaluation and appraisal report shall result in a local
 5659  government being prohibited from adopting amendments to the
 5660  comprehensive plan until the evaluation and appraisal report
 5661  update amendments have been adopted and transmitted to the state
 5662  land planning agency. The prohibition on plan amendments shall
 5663  commence when the update amendments to the comprehensive plan
 5664  are past due. The comprehensive plan as amended shall be in
 5665  compliance as defined in s. 163.3184(1)(b). Within 6 months
 5666  after the effective date of the update amendments to the
 5667  comprehensive plan, the local government shall provide to the
 5668  state land planning agency and to all agencies designated by
 5669  rule a complete copy of the updated comprehensive plan.
 5670         (11)The Administration Commission may impose the sanctions
 5671  provided by s. 163.3184(11) against any local government that
 5672  fails to adopt and submit a report, or that fails to implement
 5673  its report through timely and sufficient amendments to its local
 5674  plan, except for reasons of excusable delay or valid planning
 5675  reasons agreed to by the state land planning agency or found
 5676  present by the Administration Commission. Sanctions for untimely
 5677  or insufficient plan amendments shall be prospective only and
 5678  shall begin after a final order has been issued by the
 5679  Administration Commission and a reasonable period of time has
 5680  been allowed for the local government to comply with an adverse
 5681  determination by the Administration Commission through adoption
 5682  of plan amendments that are in compliance. The state land
 5683  planning agency may initiate, and an affected person may
 5684  intervene in, such a proceeding by filing a petition with the
 5685  Division of Administrative Hearings, which shall appoint an
 5686  administrative law judge and conduct a hearing pursuant to ss.
 5687  120.569 and 120.57(1) and shall submit a recommended order to
 5688  the Administration Commission. The affected local government
 5689  shall be a party to any such proceeding. The commission may
 5690  implement this subsection by rule.
 5691         (7)(12) The state land planning agency shall not adopt
 5692  rules to implement this section, other than procedural rules.
 5693         (13)The state land planning agency shall regularly review
 5694  the evaluation and appraisal report process and submit a report
 5695  to the Governor, the Administration Commission, the Speaker of
 5696  the House of Representatives, the President of the Senate, and
 5697  the respective community affairs committees of the Senate and
 5698  the House of Representatives. The first report shall be
 5699  submitted by December 31, 2004, and subsequent reports shall be
 5700  submitted every 5 years thereafter. At least 9 months before the
 5701  due date of each report, the Secretary of Community Affairs
 5702  shall appoint a technical committee of at least 15 members to
 5703  assist in the preparation of the report. The membership of the
 5704  technical committee shall consist of representatives of local
 5705  governments, regional planning councils, the private sector, and
 5706  environmental organizations. The report shall assess the
 5707  effectiveness of the evaluation and appraisal report process.
 5708         (14)The requirement of subsection (10) prohibiting a local
 5709  government from adopting amendments to the local comprehensive
 5710  plan until the evaluation and appraisal report update amendments
 5711  have been adopted and transmitted to the state land planning
 5712  agency does not apply to a plan amendment proposed for adoption
 5713  by the appropriate local government as defined in s.
 5714  163.3178(2)(k) in order to integrate a port comprehensive master
 5715  plan with the coastal management element of the local
 5716  comprehensive plan as required by s. 163.3178(2)(k) if the port
 5717  comprehensive master plan or the proposed plan amendment does
 5718  not cause or contribute to the failure of the local government
 5719  to comply with the requirements of the evaluation and appraisal
 5720  report.
 5721         Section 17. Present subsections (3), (4), (5), and (6) of
 5722  section 163.3194, Florida Statutes, are renumbered as
 5723  subsections (4), (5), (6), and (7), respectively, and a new
 5724  subsection (3) is added to that section, to read:
 5725         163.3194 Legal status of comprehensive plan.—
 5726         (3) A governing body may not issue a development order or
 5727  permit to erect, operate, use, or maintain a sign authorized by
 5728  s. 479.07 unless the sign is located in an area designated for
 5729  commercial or industrial use in a zoned or unzoned area or on a
 5730  zoned or unzoned parcel.
 5731         (a) As used in this subsection, the term:
 5732         1. “Commercial or industrial use” means a parcel of land
 5733  designated predominately for commercial or industrial uses under
 5734  both the future land use map approved by the state land planning
 5735  agency and the land use development regulations adopted pursuant
 5736  to this chapter.
 5737         2. “Zoned or unzoned area” means an area that is not
 5738  specifically designated for commercial or industrial uses under
 5739  the land development regulations and is located in an area
 5740  designated by the future land use map of a plan approved by the
 5741  state land planning agency for multiple uses that include
 5742  commercial or industrial uses on which three or more separate
 5743  and distinct conforming activities are located.
 5744         3. “Zoned or unzoned parcel” means a parcel of land in a
 5745  zoned or unzoned area.
 5746         (b) If a parcel is located in an area designated for
 5747  multiple uses on the future land use map of the comprehensive
 5748  plan and the zoning category of the land development regulations
 5749  does not clearly designate that parcel for a specific use, the
 5750  parcel will be considered an unzoned commercial or industrial
 5751  parcel if it meets the criteria of this subsection.
 5752         (c) A development order or permit issued pursuant to a plan
 5753  approved by the state land planning agency in a zoned or unzoned
 5754  area or on a zoned or unzoned parcel authorized for commercial
 5755  or industrial use is in compliance with s. 479.02, and the
 5756  Department of Transportation may rely upon such determination by
 5757  the local permitting agency.
 5758         Section 18. Subsection (3) of section 163.3220, Florida
 5759  Statutes, is amended to read:
 5760         163.3220 Short title; legislative intent.—
 5761         (3) In conformity with, in furtherance of, and to implement
 5762  the Community Local Government Comprehensive Planning and Land
 5763  Development Regulation Act and the Florida State Comprehensive
 5764  Planning Act of 1972, it is the intent of the Legislature to
 5765  encourage a stronger commitment to comprehensive and capital
 5766  facilities planning, ensure the provision of adequate public
 5767  facilities for development, encourage the efficient use of
 5768  resources, and reduce the economic cost of development.
 5769         Section 19. Subsections (2) and (11) of section 163.3221,
 5770  Florida Statutes, are amended to read:
 5771         163.3221 Florida Local Government Development Agreement
 5772  Act; definitions.—As used in ss. 163.3220-163.3243:
 5773         (2) “Comprehensive plan” means a plan adopted pursuant to
 5774  the Community “Local Government Comprehensive Planning and Land
 5775  Development Regulation Act.
 5776         (11) “Local planning agency” means the agency designated to
 5777  prepare a comprehensive plan or plan amendment pursuant to the
 5778  Community “Florida Local Government Comprehensive Planning and
 5779  Land Development Regulation Act.
 5780         Section 20. Section 163.3229, Florida Statutes, is amended
 5781  to read:
 5782         163.3229 Duration of a development agreement and
 5783  relationship to local comprehensive plan.—The duration of a
 5784  development agreement may shall not exceed 20 years, unless it
 5785  is. It may be extended by mutual consent of the governing body
 5786  and the developer, subject to a public hearing in accordance
 5787  with s. 163.3225. No development agreement shall be effective or
 5788  be implemented by a local government unless the local
 5789  government’s comprehensive plan and plan amendments implementing
 5790  or related to the agreement are found in compliance by the state
 5791  land planning agency in accordance with s. 163.3184, s.
 5792  163.3187, or s. 163.3189.
 5793         Section 21. Section 163.3235, Florida Statutes, is amended
 5794  to read:
 5795         163.3235 Periodic review of a development agreement.—A
 5796  local government shall review land subject to a development
 5797  agreement at least once every 12 months to determine if there
 5798  has been demonstrated good faith compliance with the terms of
 5799  the development agreement. For each annual review conducted
 5800  during years 6 through 10 of a development agreement, the review
 5801  shall be incorporated into a written report which shall be
 5802  submitted to the parties to the agreement and the state land
 5803  planning agency. The state land planning agency shall adopt
 5804  rules regarding the contents of the report, provided that the
 5805  report shall be limited to the information sufficient to
 5806  determine the extent to which the parties are proceeding in good
 5807  faith to comply with the terms of the development agreement. If
 5808  the local government finds, on the basis of substantial
 5809  competent evidence, that there has been a failure to comply with
 5810  the terms of the development agreement, the agreement may be
 5811  revoked or modified by the local government.
 5812         Section 22. Section 163.3239, Florida Statutes, is amended
 5813  to read:
 5814         163.3239 Recording and effectiveness of a development
 5815  agreement.—Within 14 days after a local government enters into a
 5816  development agreement, the local government shall record the
 5817  agreement with the clerk of the circuit court in the county
 5818  where the local government is located. A copy of the recorded
 5819  development agreement shall be submitted to the state land
 5820  planning agency within 14 days after the agreement is recorded.
 5821  A development agreement shall not be effective until it is
 5822  properly recorded in the public records of the county and until
 5823  30 days after having been received by the state land planning
 5824  agency pursuant to this section. The burdens of the development
 5825  agreement shall be binding upon, and the benefits of the
 5826  agreement shall inure to, all successors in interest to the
 5827  parties to the agreement.
 5828         Section 23. Section 163.3243, Florida Statutes, is amended
 5829  to read:
 5830         163.3243 Enforcement.—Any party or, any aggrieved or
 5831  adversely affected person as defined in s. 163.3215(2), or the
 5832  state land planning agency may file an action for injunctive
 5833  relief in the circuit court where the local government is
 5834  located to enforce the terms of a development agreement or to
 5835  challenge compliance of the agreement with the provisions of ss.
 5836  163.3220-163.3243.
 5837         Section 24. Section 163.3245, Florida Statutes, is amended
 5838  to read:
 5839         163.3245 Optional Sector plans.—
 5840         (1) In recognition of the benefits of conceptual long-range
 5841  planning for the buildout of an area, and detailed planning for
 5842  specific areas, as a demonstration project, the requirements of
 5843  s. 380.06 may be addressed as identified by this section for up
 5844  to five local governments or combinations of local governments
 5845  may which adopt into their the comprehensive plans a plan an
 5846  optional sector plan in accordance with this section. This
 5847  section is intended to promote and encourage long-term planning
 5848  for conservation, development, and agriculture on a landscape
 5849  scale; to further the intent of s. 163.3177(11), which supports
 5850  innovative and flexible planning and development strategies, and
 5851  the purposes of this part, and part I of chapter 380; to
 5852  facilitate protection of regionally significant resources,
 5853  including, but not limited to, regionally significant water
 5854  courses and wildlife corridors;, and to avoid duplication of
 5855  effort in terms of the level of data and analysis required for a
 5856  development of regional impact, while ensuring the adequate
 5857  mitigation of impacts to applicable regional resources and
 5858  facilities, including those within the jurisdiction of other
 5859  local governments, as would otherwise be provided. Optional
 5860  Sector plans are intended for substantial geographic areas that
 5861  include including at least 15,000 5,000 acres of one or more
 5862  local governmental jurisdictions and are to emphasize urban form
 5863  and protection of regionally significant resources and public
 5864  facilities. A The state land planning agency may approve
 5865  optional sector plans of less than 5,000 acres based on local
 5866  circumstances if it is determined that the plan would further
 5867  the purposes of this part and part I of chapter 380. Preparation
 5868  of an optional sector plan is authorized by agreement between
 5869  the state land planning agency and the applicable local
 5870  governments under s. 163.3171(4). An optional sector plan may be
 5871  adopted through one or more comprehensive plan amendments under
 5872  s. 163.3184. However, an optional sector plan may not be adopted
 5873  authorized in an area of critical state concern.
 5874         (2) Upon the request of a local government having
 5875  jurisdiction, The state land planning agency may enter into an
 5876  agreement to authorize preparation of an optional sector plan
 5877  upon the request of one or more local governments based on
 5878  consideration of problems and opportunities presented by
 5879  existing development trends; the effectiveness of current
 5880  comprehensive plan provisions; the potential to further the
 5881  state comprehensive plan, applicable strategic regional policy
 5882  plans, this part, and part I of chapter 380; and those factors
 5883  identified by s. 163.3177(10)(i). the applicable regional
 5884  planning council shall conduct a scoping meeting with affected
 5885  local governments and those agencies identified in s.
 5886  163.3184(4) before preparation of the sector plan execution of
 5887  the agreement authorized by this section. The purpose of this
 5888  meeting is to assist the state land planning agency and the
 5889  local government in the identification of the relevant planning
 5890  issues to be addressed and the data and resources available to
 5891  assist in the preparation of the sector plan. In the event that
 5892  a scoping meeting is conducted, subsequent plan amendments. the
 5893  regional planning council shall make written recommendations to
 5894  the state land planning agency and affected local governments,
 5895  on the issues requested by the local government. The scoping
 5896  meeting shall be noticed and open to the public. In the event
 5897  that the entire planning area proposed for the sector plan is
 5898  within the jurisdiction of two or more local governments, some
 5899  or all of them may enter into a joint planning agreement
 5900  pursuant to s. 163.3171 with respect to including whether a
 5901  sustainable sector plan would be appropriate. The agreement must
 5902  define the geographic area to be subject to the sector plan, the
 5903  planning issues that will be emphasized, procedures requirements
 5904  for intergovernmental coordination to address
 5905  extrajurisdictional impacts, supporting application materials
 5906  including data and analysis, and procedures for public
 5907  participation, or other issues. An agreement may address
 5908  previously adopted sector plans that are consistent with the
 5909  standards in this section. Before executing an agreement under
 5910  this subsection, the local government shall hold a duly noticed
 5911  public workshop to review and explain to the public the optional
 5912  sector planning process and the terms and conditions of the
 5913  proposed agreement. The local government shall hold a duly
 5914  noticed public hearing to execute the agreement. All meetings
 5915  between the department and the local government must be open to
 5916  the public.
 5917         (3) Optional Sector planning encompasses two levels:
 5918  adoption pursuant to under s. 163.3184 of a conceptual long-term
 5919  master plan for the entire planning area as part of the
 5920  comprehensive plan, and adoption by local development order of
 5921  two or more buildout overlay to the comprehensive plan, having
 5922  no immediate effect on the issuance of development orders or the
 5923  applicability of s. 380.06, and adoption under s. 163.3184 of
 5924  detailed specific area plans that implement the conceptual long
 5925  term master plan buildout overlay and authorize issuance of
 5926  development orders, and within which s. 380.06 is waived. Until
 5927  such time as a detailed specific area plan is adopted, the
 5928  underlying future land use designations apply.
 5929         (a) In addition to the other requirements of this chapter,
 5930  a long-term master plan pursuant to this section conceptual
 5931  long-term buildout overlay must include maps, illustrations, and
 5932  text supported by data and analysis to address the following:
 5933         1. A long-range conceptual framework map that, at a
 5934  minimum, generally depicts identifies anticipated areas of
 5935  urban, agricultural, rural, and conservation land use,
 5936  identifies allowed uses in various parts of the planning area,
 5937  specifies maximum and minimum densities and intensities of use,
 5938  and provides the general framework for the development pattern
 5939  in developed areas with graphic illustrations based on a
 5940  hierarchy of places and functional place-making components.
 5941         2. A general identification of the water supplies needed
 5942  and available sources of water, including water resource
 5943  development and water supply development projects, and water
 5944  conservation measures needed to meet the projected demand of the
 5945  future land uses in the long-term master plan.
 5946         3. A general identification of the transportation
 5947  facilities to serve the future land uses in the long-term master
 5948  plan, including guidelines to be used to establish each modal
 5949  component intended to optimize mobility.
 5950         4. A general identification of other regionally significant
 5951  public facilities consistent with chapter 9J-2, Florida
 5952  Administrative Code, irrespective of local governmental
 5953  jurisdiction necessary to support buildout of the anticipated
 5954  future land uses, which may include central utilities provided
 5955  on site within the planning area, and policies setting forth the
 5956  procedures to be used to mitigate the impacts of future land
 5957  uses on public facilities.
 5958         5.3.A general identification of regionally significant
 5959  natural resources within the planning area based on the best
 5960  available data and policies setting forth the procedures for
 5961  protection or conservation of specific resources consistent with
 5962  the overall conservation and development strategy for the
 5963  planning area consistent with chapter 9J-2, Florida
 5964  Administrative Code.
 5965         6.4.General principles and guidelines addressing that
 5966  address the urban form and the interrelationships of anticipated
 5967  future land uses; the protection and, as appropriate,
 5968  restoration and management of lands identified for permanent
 5969  preservation through recordation of conservation easements
 5970  consistent with s. 704.06, which shall be phased or staged in
 5971  coordination with detailed specific area plans to reflect phased
 5972  or staged development within the planning area; and a
 5973  discussion, at the applicant’s option, of the extent, if any, to
 5974  which the plan will address restoring key ecosystems, achieving
 5975  a more clean, healthy environment;, limiting urban sprawl;
 5976  providing a range of housing types;, protecting wildlife and
 5977  natural areas;, advancing the efficient use of land and other
 5978  resources;, and creating quality communities of a design that
 5979  promotes travel by multiple transportation modes; and enhancing
 5980  the prospects for the creation of jobs.
 5981         7.5. Identification of general procedures and policies to
 5982  facilitate ensure intergovernmental coordination to address
 5983  extrajurisdictional impacts from the future land uses long-range
 5984  conceptual framework map.
 5985  
 5986  A long-term master plan adopted pursuant to this section shall
 5987  be based upon a planning period longer than the generally
 5988  applicable planning period of the local comprehensive plan,
 5989  shall specify the projected population within the planning area
 5990  during the chosen planning period, and may include a phasing or
 5991  staging schedule that allocates a portion of the local
 5992  government’s future growth to the planning area through the
 5993  planning period. It shall not be a requirement for a long-term
 5994  master plan adopted pursuant to this section to demonstrate need
 5995  based upon projected population growth or on any other basis.
 5996         (b) In addition to the other requirements of this chapter,
 5997  including those in paragraph (a), the detailed specific area
 5998  plans shall be consistent with the long-term master plan and
 5999  must include conditions and commitments which provide for:
 6000         1. Development or conservation of an area of adequate size
 6001  to accommodate a level of development which achieves a
 6002  functional relationship between a full range of land uses within
 6003  the area and to encompass at least 1,000 acres consistent with
 6004  the long-term master plan. The local government state land
 6005  planning agency may approve detailed specific area plans of less
 6006  than 1,000 acres based on local circumstances if it is
 6007  determined that the detailed specific area plan furthers the
 6008  purposes of this part and part I of chapter 380.
 6009         2. Detailed identification and analysis of the maximum and
 6010  minimum densities and intensities of use, and the distribution,
 6011  extent, and location of future land uses.
 6012         3. Detailed identification of water resource development
 6013  and water supply development projects and related
 6014  infrastructure, and water conservation measures to address water
 6015  needs of development in the detailed specific area plan.
 6016         4. Detailed identification of the transportation facilities
 6017  to serve the future land uses in the detailed specific area
 6018  plan.
 6019         5.3. Detailed identification of other regionally
 6020  significant public facilities, including public facilities
 6021  outside the jurisdiction of the host local government,
 6022  anticipated impacts of future land uses on those facilities, and
 6023  required improvements consistent with the long-term master plan
 6024  chapter 9J-2, Florida Administrative Code.
 6025         6.4. Public facilities necessary to serve development in
 6026  the detailed specific area plan for the short term, including
 6027  developer contributions in a financially feasible 5-year capital
 6028  improvement schedule of the affected local government.
 6029         7.5. Detailed analysis and identification of specific
 6030  measures to assure the protection or conservation of lands
 6031  identified in the long-term master plan to be permanently
 6032  preserved within the planning area through recordation of a
 6033  conservation easement consistent with s. 704.06 and, as
 6034  appropriate, restored or managed, of regionally significant
 6035  natural resources and other important resources both within and
 6036  outside the host jurisdiction, including those regionally
 6037  significant resources identified in chapter 9J-2, Florida
 6038  Administrative Code.
 6039         8.6.Detailed principles and guidelines addressing that
 6040  address the urban form and the interrelationships of anticipated
 6041  future land uses; and a discussion, at the applicant’s option,
 6042  of the extent, if any, to which the plan will address restoring
 6043  key ecosystems, achieving a more clean, healthy environment;,
 6044  limiting urban sprawl;, providing a range of housing types;
 6045  protecting wildlife and natural areas;, advancing the efficient
 6046  use of land and other resources;, and creating quality
 6047  communities of a design that promotes travel by multiple
 6048  transportation modes; and enhancing the prospects for the
 6049  creation of jobs.
 6050         9.7. Identification of specific procedures to facilitate
 6051  ensure intergovernmental coordination to address
 6052  extrajurisdictional impacts from of the detailed specific area
 6053  plan.
 6054  
 6055  A detailed specific area plan adopted by local development order
 6056  pursuant to this section may be based upon a planning period
 6057  longer than the generally applicable planning period of the
 6058  local comprehensive plan and shall specify the projected
 6059  population within the specific planning area during the chosen
 6060  planning period. It shall not be a requirement for a detailed
 6061  specific area plan adopted pursuant to this section to
 6062  demonstrate need based upon projected population growth or on
 6063  any other basis.
 6064         (c) In its review of a long-term master plan, the state
 6065  land planning agency shall consult with the Department of
 6066  Agriculture and Consumer Services, the Department of
 6067  Environmental Protection, the Fish and Wildlife Conservation
 6068  Commission, and the applicable water management district
 6069  regarding the design of areas for protection and conservation of
 6070  regionally significant natural resources and for the protection
 6071  and, as appropriate, restoration and management of lands
 6072  identified for permanent preservation.
 6073         (d)In its review of a long-term master plan, the state
 6074  land planning agency shall consult with the Department of
 6075  Transportation, the applicable metropolitan planning
 6076  organization, and any urban transit agency regarding the
 6077  location, capacity, design, and phasing or staging of major
 6078  transportation facilities in the planning area.
 6079         (e) The state land planning agency may initiate a civil
 6080  action pursuant to s. 163.3215 with respect to a detailed
 6081  specific area plan that is not consistent with a long-term
 6082  master plan adopted pursuant to this section. For purposes of
 6083  such a proceeding, the state land planning agency shall be
 6084  deemed an aggrieved and adversely affected party. Regardless of
 6085  whether the local government has adopted an ordinance that
 6086  establishes a local process that meets the requirements of s.
 6087  163.3215(4), judicial review of a detailed specific area plan
 6088  initiated by the state land planning agency shall be de novo
 6089  pursuant to s. 163.3215(3) and not by petition for writ of
 6090  certiorari pursuant to s. 163.3215(4). Any other aggrieved or
 6091  adversely affected party shall be subject to s. 163.3215 in all
 6092  respects when initiating a consistency challenge to a detailed
 6093  specific area plan.
 6094         (f)(c) This subsection does may not be construed to prevent
 6095  preparation and approval of the optional sector plan and
 6096  detailed specific area plan concurrently or in the same
 6097  submission.
 6098         (4) Upon the long-term master plan becoming legally
 6099  effective:
 6100         (a) Any long-range transportation plan developed by a
 6101  metropolitan planning organization pursuant to s. 339.175(7)
 6102  must be consistent, to the maximum extent feasible, with the
 6103  long-term master plan, including, but not limited to, the
 6104  projected population, the approved uses and densities and
 6105  intensities of use and their distribution within the planning
 6106  area. The transportation facilities identified in adopted plans
 6107  pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be
 6108  developed in coordination with the adopted M.P.O. long-range
 6109  transportation plan.
 6110         (b) The water needs, sources and water resource
 6111  development, and water supply development projects identified in
 6112  adopted plans pursuant to sub-subparagraphs (3)(a)2. and
 6113  (3)(b)3. shall be incorporated into the applicable district and
 6114  regional water supply plans adopted in accordance with ss.
 6115  373.036 and 373.709. Accordingly, and notwithstanding the permit
 6116  durations stated in s. 373.236, an applicant may request and the
 6117  applicable district may issue consumptive use permits for
 6118  durations commensurate with the long-term master plan. The
 6119  permitting criteria in s. 373.223 shall be applied based upon
 6120  the projected population, the approved densities and intensities
 6121  of use and their distribution in the long-term master plan. The
 6122  host local government shall submit a monitoring report to the
 6123  state land planning agency and applicable regional planning
 6124  council on an annual basis after adoption of a detailed specific
 6125  area plan. The annual monitoring report must provide summarized
 6126  information on development orders issued, development that has
 6127  occurred, public facility improvements made, and public facility
 6128  improvements anticipated over the upcoming 5 years.
 6129         (5) When a plan amendment adopting a detailed specific area
 6130  plan has become effective for a portion of the planning area
 6131  governed by a long-term master plan adopted pursuant to this
 6132  section under ss. 163.3184 and 163.3189(2), the provisions of s.
 6133  380.06 do not apply to development within the geographic area of
 6134  the detailed specific area plan. However, any development-of
 6135  regional-impact development order that is vested from the
 6136  detailed specific area plan may be enforced pursuant to under s.
 6137  380.11.
 6138         (a) The local government adopting the detailed specific
 6139  area plan is primarily responsible for monitoring and enforcing
 6140  the detailed specific area plan. Local governments shall not
 6141  issue any permits or approvals or provide any extensions of
 6142  services to development that are not consistent with the
 6143  detailed specific sector area plan.
 6144         (b) If the state land planning agency has reason to believe
 6145  that a violation of any detailed specific area plan, or of any
 6146  agreement entered into under this section, has occurred or is
 6147  about to occur, it may institute an administrative or judicial
 6148  proceeding to prevent, abate, or control the conditions or
 6149  activity creating the violation, using the procedures in s.
 6150  380.11.
 6151         (c) In instituting an administrative or judicial proceeding
 6152  involving an optional sector plan or detailed specific area
 6153  plan, including a proceeding pursuant to paragraph (b), the
 6154  complaining party shall comply with the requirements of s.
 6155  163.3215(4), (5), (6), and (7), except as provided by paragraph
 6156  (3)(d).
 6157         (d) The detailed specific area plan shall establish a
 6158  buildout date until which the approved development shall not be
 6159  subject to downzoning, unit density reduction, or intensity
 6160  reduction, unless the local government can demonstrate that
 6161  implementation of the plan is not continuing in good faith based
 6162  on standards established by plan policy, or that substantial
 6163  changes in the conditions underlying the approval of the
 6164  detailed specific area plan have occurred, or that the detailed
 6165  specific area plan was based on substantially inaccurate
 6166  information provided by the applicant, or that the change is
 6167  clearly established to be essential to the public health,
 6168  safety, or welfare.
 6169         (6) Concurrent with or subsequent to review and adoption of
 6170  a long-term master plan pursuant to paragraph (3)(a), an
 6171  applicant may apply for master development approval pursuant to
 6172  s. 380.06(21) for the entire planning area in order to establish
 6173  a buildout date until which the approved uses and densities and
 6174  intensities of use of the master plan shall not be subject to
 6175  downzoning, unit density reduction, or intensity reduction,
 6176  unless the local government can demonstrate that implementation
 6177  of the master plan is not continuing in good faith based on
 6178  standards established by plan policy, or that substantial
 6179  changes in the conditions underlying the approval of the master
 6180  plan have occurred, or that the master plan was based on
 6181  substantially inaccurate information provided by the applicant,
 6182  or that change is clearly established to be essential to the
 6183  public health, safety, or welfare. Review of the application for
 6184  master development approval shall be at a level of detail
 6185  appropriate for the long-term and conceptual nature of the long
 6186  term master plan and, to the maximum extent possible, shall only
 6187  consider information provided in the application for a long-term
 6188  master plan. Notwithstanding any provision of s. 380.06 to the
 6189  contrary, an increment of development in such an approved master
 6190  development plan shall be approved by a detailed specific area
 6191  plan pursuant to paragraph (3)(b) and shall be exempt from
 6192  review pursuant to s. 380.06. Beginning December 1, 1999, and
 6193  each year thereafter, the department shall provide a status
 6194  report to the Legislative Committee on Intergovernmental
 6195  Relations regarding each optional sector plan authorized under
 6196  this section.
 6197         (7) A developer within an area subject to a long-term
 6198  master plan which meets the requirements of paragraph (3)(a) and
 6199  subsection (6) or a detailed specific area plan which meets the
 6200  requirements of paragraph (3)(b) may enter into a development
 6201  agreement with a local government pursuant to ss. 163.3220
 6202  163.3243. The duration of such a development agreement may be
 6203  through the planning period of the long-term master plan or the
 6204  detailed specific area plan, as the case may be, notwithstanding
 6205  the limit on the duration of a development agreement pursuant to
 6206  s. 163.3229.
 6207         (8) Any owner of property within the planning area of a
 6208  proposed long-term master plan may withdraw his consent to the
 6209  master plan at any time prior to local government adoption, and
 6210  the local government shall exclude such parcels from the adopted
 6211  master plan. Thereafter, the long-term master plan, any detailed
 6212  specific area plan, and the exemption from development-of
 6213  regional-impact review under this section shall not apply to the
 6214  subject parcels. After adoption of a long-term master plan, an
 6215  owner may withdraw his or her property from the master plan only
 6216  with the approval of the local government by plan amendment
 6217  adopted and reviewed pursuant to s. 163.3184.
 6218         (9) The adoption of a long-term master plan or a detailed
 6219  specific area plan pursuant to this section shall not limit the
 6220  right to continue existing agricultural or silvicultural uses or
 6221  other natural resource-based operations or to establish similar
 6222  new uses that are consistent with the plans approved pursuant to
 6223  this section.
 6224         (10) Notwithstanding any provision to the contrary of s.
 6225  380.06 or this part or any planning agreement or plan policy, a
 6226  landowner or developer who has received approval of a master
 6227  development of regional impact development order pursuant to s.
 6228  380.06(21) may apply to implement this order by filing one or
 6229  more applications to approve detailed specific area plan
 6230  pursuant to paragraph (3)(b).
 6231         (11) Notwithstanding the provisions of this section, a
 6232  detailed specific area plan to implement a conceptual long-term
 6233  buildout overlay adopted by a local government and found in
 6234  compliance prior to July 1, 2011, shall be governed by the
 6235  provisions of this section.
 6236         (12)(7) This section may not be construed to abrogate the
 6237  rights of any person under this chapter.
 6238         Section 25. Section 163.3246 of the Florida Statutes is
 6239  repealed.
 6240         Section 26. Section 163.3248, Florida Statutes, is created
 6241  to read:
 6242         163.3248 Rural land stewardship areas.—
 6243         (1) Rural land stewardship areas are designed to establish
 6244  a long-term incentive based strategy to balance and guide the
 6245  allocation of land so as to accommodate future land uses in a
 6246  manner that protects the natural environment, stimulates
 6247  economic growth and diversification, and encourages the
 6248  retention of land for agriculture and other traditional rural
 6249  land uses.
 6250         (2) Upon written request by one or more landowners to
 6251  designate lands as a rural land stewardship area, or pursuant to
 6252  a private sector initiated comprehensive plan amendment, local
 6253  governments may adopt by a majority vote a future land use
 6254  overlay, which shall not require a demonstration of need based
 6255  on population projections or any other factor, to designate all
 6256  or portions of lands classified in the future land use element
 6257  as predominantly agricultural, rural, open, open-rural, or a
 6258  substantively equivalent land use, as a rural land stewardship
 6259  area within which planning and economic incentives are applied
 6260  to encourage the implementation of innovative and flexible
 6261  planning and development strategies and creative land use
 6262  planning techniques to support a diverse economic and employment
 6263  base.
 6264         (3) Rural land stewardship areas may be used to further the
 6265  following broad principles of rural sustainability: restoration
 6266  and maintenance of the economic value of rural land; control of
 6267  urban sprawl; identification and protection of ecosystems,
 6268  habitats, and natural resources; promotion and diversification
 6269  of economic activity and employment opportunities within the
 6270  rural areas; maintenance of the viability of the state’s
 6271  agricultural economy; and protection of private property rights
 6272  in rural areas of the state. Rural land stewardship areas may be
 6273  multicounty in order to encourage coordinated regional
 6274  stewardship planning.
 6275         (4) A local government or one or more property owners may
 6276  request assistance in participation of the development of a plan
 6277  for the rural land stewardship area from the state land planning
 6278  agency, the Department of Agriculture and Consumer Services, the
 6279  Fish and Wildlife Conservation Commission, the Department of
 6280  Environmental Protection, the appropriate water management
 6281  district, the Department of Transportation, the regional
 6282  planning council, private land owners, and stakeholders.
 6283         (5) A rural land stewardship area shall be not less than
 6284  10,000 acres and shall be located outside of municipalities and
 6285  established urban service areas, and shall be designated by plan
 6286  amendment by each local government with jurisdiction over the
 6287  rural land stewardship area. The plan amendment or amendments
 6288  designating a rural land stewardship area shall be subject to
 6289  review pursuant to s. 163.3184 and shall provide for the
 6290  following:
 6291         (a) Criteria for the designation of receiving areas which
 6292  shall at a minimum provide for the following: adequacy of
 6293  suitable land to accommodate development so as to avoid conflict
 6294  with significant environmentally sensitive areas, resources, and
 6295  habitats; compatibility between and transition from higher
 6296  density uses to lower intensity rural uses; and the
 6297  establishment of receiving area service boundaries which provide
 6298  for a transition from receiving areas and other land uses within
 6299  the rural land stewardship area through limitations on the
 6300  extension of services.
 6301         (b) Innovative planning and development strategies to be
 6302  applied within rural land stewardship areas pursuant to the
 6303  provisions of this section.
 6304         (c) A process for the implementation of innovative planning
 6305  and development strategies within the rural land stewardship
 6306  area, including those described in this subsection, which
 6307  provide for a functional mix of land uses through the adoption
 6308  by the local government of zoning and land development
 6309  regulations applicable to the rural land stewardship area.
 6310         (d) A mix of densities and intensities that would not be
 6311  characterized as urban sprawl through the use of innovative
 6312  strategies and creative land use techniques.
 6313         (6) A receiving area may only be designated pursuant to
 6314  procedures established in the local government’s land
 6315  development regulations. At the time of designation of a
 6316  stewardship receiving area, a listed species survey will be
 6317  performed. If listed species occur on the receiving area site,
 6318  the applicant shall coordinate with each appropriate local,
 6319  state, or federal agency to determine if adequate provisions
 6320  have been made to protect those species in accordance with
 6321  applicable regulations. In determining the adequacy of
 6322  provisions for the protection of listed species and their
 6323  habitats, the rural land stewardship area shall be considered as
 6324  a whole, and the potential impacts and protective measures taken
 6325  within areas to be developed as receiving areas shall be
 6326  considered in conjunction with the substantial benefits derived
 6327  from lands set aside and protective measures taken outside of
 6328  the designation of receiving areas.
 6329         (7) Upon the adoption of a plan amendment creating a rural
 6330  land stewardship area, the local government shall, by ordinance,
 6331  establish a rural land stewardship overlay zoning district,
 6332  which shall provide the methodology for the creation,
 6333  conveyance, and use of transferable rural land use credits,
 6334  hereinafter referred to as stewardship credits, the assignment
 6335  and application of which shall not constitute a right to develop
 6336  land, nor increase density of land, except as provided by this
 6337  section. The total amount of stewardship credits within the
 6338  rural land stewardship area must enable the realization of the
 6339  long-term vision and goals for the rural land stewardship area,
 6340  which may take into consideration the anticipated effect of the
 6341  proposed receiving areas. The estimated amount of receiving area
 6342  shall be projected based on available data and the development
 6343  potential represented by the stewardship credits created within
 6344  the rural land stewardship area must correlate to that amount.
 6345         (8) Stewardship credits are subject to the following
 6346  limitations:
 6347         (a) Stewardship credits may exist only within a rural land
 6348  stewardship area.
 6349         (b) Stewardship credits may be created only from lands
 6350  designated as stewardship sending areas and may be used only on
 6351  lands designated as stewardship receiving areas and then solely
 6352  for the purpose of implementing innovative planning and
 6353  development strategies and creative land use planning techniques
 6354  adopted by the local government pursuant to this section.
 6355         (c) Stewardship credits assigned to a parcel of land within
 6356  a rural land stewardship area shall cease to exist if the parcel
 6357  of land is removed from the rural land stewardship area by plan
 6358  amendment.
 6359         (d) Neither the creation of the rural land stewardship area
 6360  by plan amendment nor the adoption of the rural land stewardship
 6361  zoning overlay district by the local government shall displace
 6362  the underlying permitted uses, density or intensity of land uses
 6363  assigned to a parcel of land within the rural land stewardship
 6364  area that existed before adoption of the plan amendment or
 6365  zoning overlay district; however, once stewardship credits have
 6366  been transferred from a designated sending area for use within a
 6367  designated receiving area, the underlying density assigned to
 6368  the designated sending area shall cease to exist.
 6369         (e) The underlying permitted uses, density, or intensity on
 6370  each parcel of land located within a rural land stewardship area
 6371  shall not be increased or decreased by the local government,
 6372  except as a result of the conveyance or stewardship credits, as
 6373  long as the parcel remains within the rural land stewardship
 6374  area.
 6375         (f) Stewardship credits shall cease to exist on a parcel of
 6376  land where the underlying density assigned to the parcel of land
 6377  is used.
 6378         (g) An increase in the density or intensity of use on a
 6379  parcel of land located within a designated receiving area may
 6380  occur only through the assignment or use of stewardship credits
 6381  and shall not require a plan amendment. A change in the type of
 6382  agricultural use on property within a rural land stewardship
 6383  area shall not be considered a change in use or intensity of use
 6384  and shall not require any transfer of stewardship credits.
 6385         (h) A change in the density or intensity of land use on
 6386  parcels located within receiving areas shall be specified in a
 6387  development order that reflects the total number of stewardship
 6388  credits assigned to the parcel of land and the infrastructure
 6389  and support services necessary to provide for a functional mix
 6390  of land uses corresponding to the plan of development.
 6391         (i) Land within a rural land stewardship area may be
 6392  removed from the rural land stewardship area through a plan
 6393  amendment.
 6394         (j) Stewardship credits may be assigned at different ratios
 6395  of credits per acre according to the natural resource or other
 6396  beneficial use characteristics of the land and according to the
 6397  land use remaining following the transfer of credits, with the
 6398  highest number of credits per acre assigned to the most
 6399  environmentally valuable land or, in locations where the
 6400  retention of open space and agricultural land is a priority, to
 6401  such lands.
 6402         (k) The use or conveyance of stewardship credits must be
 6403  recorded in the public records of the county in which the
 6404  property is located as a covenant or restrictive easement
 6405  running with the land in favor of the county and the Department
 6406  of Environmental Protection, the Department of Agriculture and
 6407  Consumer Services, a water management district, or a recognized
 6408  statewide land trust.
 6409         (9) Owners of land within rural land stewardship sending
 6410  areas should be provided other incentives, in addition to the
 6411  use or conveyance of stewardship credits, to enter into rural
 6412  land stewardship agreements, pursuant to existing law and rules
 6413  adopted thereto, with state agencies, water management
 6414  districts, the Fish and Wildlife Conservation Commission, and
 6415  local governments to achieve mutually agreed upon objectives.
 6416  Such incentives may include, but need not be limited to, the
 6417  following:
 6418         (a) Opportunity to accumulate transferable wetland and
 6419  species habitat mitigation credits for use or sale.
 6420         (b) Extended permit agreements.
 6421         (c) Opportunities for recreational leases and ecotourism.
 6422         (d) Compensation for the achievement of specified land
 6423  management activities of public benefit, including, but not
 6424  limited to, facility siting and corridors, recreational leases,
 6425  water conservation and storage, water reuse, wastewater
 6426  recycling, water supply and water resource development, nutrient
 6427  reduction, environmental restoration and mitigation, public
 6428  recreation, listed species protection and recovery, and wildlife
 6429  corridor management and enhancement.
 6430         (e) Option agreements for sale to public entities or
 6431  private land conservation entities, in either fee or easement,
 6432  upon achievement of specified conservation objectives.
 6433         (10) The provisions of paragraph (9)(d) constitute an
 6434  overlay of land use options that provide economic and regulatory
 6435  incentives for landowners outside of established and planned
 6436  urban service areas to conserve and manage vast areas of land
 6437  for the benefit of the state’s citizens and natural environment
 6438  while maintaining and enhancing the asset value of their
 6439  landholdings. It is the intent of the Legislature that the
 6440  provisions of this section be implemented pursuant to law and
 6441  rulemaking is not authorized.
 6442         (11) It is the intent of the legislature that the Rural
 6443  Land Stewardship Area located in Collier County, which is
 6444  consistent in all materials aspects with this section, be
 6445  recognized as a Statutory Rural Land Stewardship Area, and be
 6446  afforded the incentives as set forth in this section.
 6447         Section 27. Section 163.32465, Florida Statutes, is amended
 6448  to read:
 6449         163.32465 State review of local comprehensive plans in
 6450  urban areas.—
 6451         (1) LEGISLATIVE FINDINGS.—
 6452         (a) The Legislature finds that local governments in this
 6453  state have a wide diversity of resources, conditions, abilities,
 6454  and needs. The Legislature also finds that comprehensive
 6455  planning has been implemented throughout the state and that it
 6456  is appropriate for local governments to have the primary role in
 6457  planning for their growth the needs and resources of urban areas
 6458  are different from those of rural areas and that different
 6459  planning and growth management approaches, strategies, and
 6460  techniques are required in urban areas. The state role in
 6461  overseeing growth management should reflect this diversity and
 6462  should vary based on local government conditions, capabilities,
 6463  needs, and extent of development. Thus, the Legislature
 6464  recognizes and finds that reduced state oversight of local
 6465  comprehensive planning is justified for some local governments
 6466  in urban areas.
 6467         (b) The Legislature finds and declares that this state’s
 6468  local governments urban areas require a reduced level of state
 6469  oversight because of their high degree of urbanization and the
 6470  planning capabilities and resources of many of their local
 6471  governments. Accordingly, the An alternative state review
 6472  process that is adequate to protect issues of regional or
 6473  statewide importance should be created for appropriate local
 6474  governments in these areas. Further, the Legislature finds that
 6475  development, including urban infill and redevelopment, should be
 6476  encouraged in these urban areas. The Legislature finds that an
 6477  alternative process provided by this section for amending local
 6478  comprehensive plans is in these areas should be established with
 6479  the an objective of streamlining the process and recognizing
 6480  local responsibility and accountability.
 6481         (c)The Legislature finds a pilot program will be
 6482  beneficial in evaluating an alternative, expedited plan
 6483  amendment adoption and review process. Pilot local governments
 6484  shall represent highly developed counties and the municipalities
 6485  within these counties and highly populated municipalities.
 6486         (2) APPLICABILITY ALTERNATIVE STATE REVIEW PROCESS PILOT
 6487  PROGRAM.—The process for amending a comprehensive plan described
 6488  in this section is applicable statewide. Pinellas and Broward
 6489  Counties, and the municipalities within these counties, and
 6490  Jacksonville, Miami, Tampa, and Hialeah shall follow an
 6491  alternative state review process provided in this section.
 6492  Municipalities within the pilot counties may elect, by super
 6493  majority vote of the governing body, not to participate in the
 6494  pilot program. In addition to the pilot program jurisdictions,
 6495  any local government may use the alternative state review
 6496  process to designate an urban service area as defined in s.
 6497  163.3164(29) in its comprehensive plan.
 6498         (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
 6499  UNDER THE PILOT PROGRAM.—
 6500         (a) Plan amendments adopted by local governments are
 6501  subject to the pilot program jurisdictions shall follow the
 6502  alternate, expedited process in subsections (4) and (5), except
 6503  as follows: set forth in paragraphs (b)-(e) of this subsection.
 6504         (a)(b) Amendments that qualify as small-scale development
 6505  amendments may continue to be adopted by the pilot program
 6506  jurisdictions pursuant to s. 163.3187(1)(c) and (3).
 6507         (b)(c) Plan amendments that propose a rural land
 6508  stewardship area pursuant to s. 163.3177(11)(d); propose an
 6509  optional sector plan; update a comprehensive plan based on an
 6510  evaluation and appraisal report; implement new statutory
 6511  requirements; or new plans for newly incorporated municipalities
 6512  are subject to state review as set forth in s. 163.3184; or are
 6513  in an area of critical state concern designated pursuant to s.
 6514  380.05.
 6515         (c)(d)Local governments are Pilot program jurisdictions
 6516  shall be subject to the frequency and timing requirements for
 6517  plan amendments set forth in ss. 163.3187 and 163.3191, except
 6518  where otherwise stated in this section.
 6519         (d)(e) The mediation and expedited hearing provisions in s.
 6520  163.3189(3) apply to all plan amendments adopted pursuant to
 6521  this section by the pilot program jurisdictions.
 6522         (e) Local governments shall not combine plan amendments
 6523  adopted pursuant to this section with plan amendments adopted
 6524  pursuant to s. 163.3184 in the same amendment package. Each
 6525  transmittal and adoption amendment package shall contain a cover
 6526  letter stating whether the amendment or amendments contained
 6527  within the package are adopted pursuant to this section or s.
 6528  163.3184.
 6529         (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
 6530  PILOT PROGRAM.—
 6531         (a) The local government shall hold its first public
 6532  hearing on a comprehensive plan amendment on a weekday at least
 6533  7 days after the day the first advertisement is published
 6534  pursuant to the requirements of chapter 125 or chapter 166. Upon
 6535  an affirmative vote of not less than a majority of the members
 6536  of the governing body present at the hearing, the local
 6537  government shall immediately transmit the amendment or
 6538  amendments and appropriate supporting data and analyses to the
 6539  state land planning agency; the appropriate regional planning
 6540  council and water management district; the Department of
 6541  Environmental Protection; the Department of State; the
 6542  Department of Transportation; in the case of municipal plans, to
 6543  the appropriate county; the Fish and Wildlife Conservation
 6544  Commission; the Department of Agriculture and Consumer Services;
 6545  when required by s. 163.3175, the applicable military
 6546  installation or installations; and in the case of amendments
 6547  that include or impact the public school facilities element, the
 6548  Department of Education Office of Educational Facilities of the
 6549  Commissioner of Education. The local governing body shall also
 6550  transmit a copy of the amendments and supporting data and
 6551  analyses to any other local government or governmental agency
 6552  that has filed a written request with the governing body.
 6553         (b) The agencies and local governments specified in
 6554  paragraph (a) may provide comments regarding the amendment or
 6555  amendments to the local government. The regional planning
 6556  council review and comment shall be limited to effects on
 6557  regional resources or facilities identified in the strategic
 6558  regional policy plan and extrajurisdictional impacts that would
 6559  be inconsistent with the comprehensive plan of the affected
 6560  local government. A regional planning council shall not review
 6561  and comment on a proposed comprehensive plan amendment prepared
 6562  by such council unless the plan amendment has been changed by
 6563  the local government subsequent to the preparation of the plan
 6564  amendment by the regional planning council. County comments on
 6565  municipal comprehensive plan amendments shall be primarily in
 6566  the context of the relationship and effect of the proposed plan
 6567  amendments on the county plan. Municipal comments on county plan
 6568  amendments shall be primarily in the context of the relationship
 6569  and effect of the amendments on the municipal plan. State agency
 6570  comments must be limited to issues within the agency’s
 6571  jurisdiction as it relates to the requirements of this part and
 6572  may include technical guidance on issues of agency jurisdiction
 6573  as it relates to the requirements of this part. Such comments
 6574  shall clearly identify issues that, if not resolved, may result
 6575  in an agency challenge to the plan amendment. For the purposes
 6576  of this pilot program, Agencies are encouraged to focus
 6577  potential challenges on issues of regional or statewide
 6578  importance. Agencies and local governments must transmit their
 6579  comments to the affected local government such that they are
 6580  received by the local government not later than thirty days from
 6581  the date on which the agency or government received the
 6582  amendment or amendments.
 6583         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
 6584  AREAS.—
 6585         (a) The local government shall hold its second public
 6586  hearing, which shall be a hearing on whether to adopt one or
 6587  more comprehensive plan amendments, on a weekday at least 5 days
 6588  after the day the second advertisement is published pursuant to
 6589  the requirements of chapter 125 or chapter 166. Adoption of
 6590  comprehensive plan amendments must be by ordinance and requires
 6591  an affirmative vote of a majority of the members of the
 6592  governing body present at the second hearing.
 6593         (b) All comprehensive plan amendments adopted by the
 6594  governing body along with the supporting data and analysis shall
 6595  be transmitted within 10 days of the second public hearing to
 6596  the state land planning agency and any other agency or local
 6597  government that provided timely comments under paragraph (4)(b).
 6598         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
 6599  PROGRAM.—
 6600         (a) Any “affected person” as defined in s. 163.3184(1)(a)
 6601  may file a petition with the Division of Administrative Hearings
 6602  pursuant to ss. 120.569 and 120.57, with a copy served on the
 6603  affected local government, to request a formal hearing to
 6604  challenge whether the amendments are “in compliance” as defined
 6605  in s. 163.3184(1)(b). This petition must be filed with the
 6606  Division within 30 days after the state land planning agency
 6607  notifies the local government that the plan amendment package is
 6608  complete the local government adopts the amendment. The state
 6609  land planning agency may intervene in a proceeding instituted by
 6610  an affected person if necessary to protect interests of regional
 6611  or statewide importance.
 6612         (b) The state land planning agency may file a petition with
 6613  the Division of Administrative Hearings pursuant to ss. 120.569
 6614  and 120.57, with a copy served on the affected local government,
 6615  to request a formal hearing if necessary to protect interests of
 6616  regional or statewide importance. This petition must be filed
 6617  with the Division within 30 days after the state land planning
 6618  agency notifies the local government that the plan amendment
 6619  package is complete. For purposes of this section, an adopted
 6620  amendment package shall be deemed complete if it contains a
 6621  full, executed copy of the adoption ordinance or ordinances; in
 6622  the case of a text amendment, a full copy of the amended
 6623  language in legislative format with new words inserted in the
 6624  text underlined, and words to be deleted lined through with
 6625  hyphens; in the case of a future land use map amendment, a copy
 6626  of the future land use map clearly depicting the parcel, its
 6627  existing future land use designation, and its adopted
 6628  designation; and a copy of any data and analyses the local
 6629  government deems appropriate. The state land planning agency
 6630  shall notify the local government that the package is complete
 6631  or that the package contains of any deficiencies within 5
 6632  working days of receipt of an amendment package.
 6633         (c) The state land planning agency’s challenge shall be
 6634  limited to those issues raised in the comments provided by the
 6635  reviewing agencies pursuant to paragraph (4)(b). The state land
 6636  planning agency may challenge a plan amendment that has
 6637  substantially changed from the version on which the agencies
 6638  provided comments. For the purposes of this pilot program, the
 6639  Legislature strongly encourages The state land planning agency
 6640  shall to focus any challenge on issues of regional or statewide
 6641  importance.
 6642         (d) An administrative law judge shall hold a hearing in the
 6643  affected local jurisdiction. The local government’s
 6644  determination that the amendment is “in compliance” is presumed
 6645  to be correct and shall be sustained unless it is shown by a
 6646  preponderance of the evidence that the amendment is not “in
 6647  compliance.”
 6648         (e) If the administrative law judge recommends that the
 6649  amendment be found not in compliance, the judge shall submit the
 6650  recommended order to the Administration Commission for final
 6651  agency action. The Administration Commission shall enter a final
 6652  order within 45 days after its receipt of the recommended order.
 6653         (f) If the administrative law judge recommends that the
 6654  amendment be found in compliance, the judge shall submit the
 6655  recommended order to the state land planning agency.
 6656         1. If the state land planning agency determines that the
 6657  plan amendment should be found not in compliance, the agency
 6658  shall refer, within 30 days of receipt of the recommended order,
 6659  the recommended order and its determination to the
 6660  Administration Commission for final agency action. If the
 6661  commission determines that the amendment is not in compliance,
 6662  it may sanction the local government as set forth in s.
 6663  163.3184(11).
 6664         2. If the state land planning agency determines that the
 6665  plan amendment should be found in compliance, the agency shall
 6666  enter its final order not later than 30 days from receipt of the
 6667  recommended order.
 6668         (g) An amendment adopted under the expedited provisions of
 6669  this section shall not become effective until 31 days after the
 6670  state land plan agency notifies the local government that the
 6671  plan amendment package is complete adoption. If timely
 6672  challenged, an amendment shall not become effective until the
 6673  state land planning agency or the Administration Commission
 6674  enters a final order determining the adopted amendment to be in
 6675  compliance.
 6676         (h) Parties to a proceeding under this section may enter
 6677  into compliance agreements using the process in s. 163.3184(16).
 6678  Any remedial amendment adopted pursuant to a settlement
 6679  agreement shall be provided to the agencies and governments
 6680  listed in paragraph (4)(a).
 6681         (7)APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
 6682  GOVERNMENTS.—Local governments and specific areas that have been
 6683  designated for alternate review process pursuant to ss. 163.3246
 6684  and 163.3184(17) and (18) are not subject to this section.
 6685         (8)RULEMAKING AUTHORITY FOR PILOT PROGRAM.—Agencies shall
 6686  not promulgate rules to implement this pilot program.
 6687         (9)REPORT.—The Office of Program Policy Analysis and
 6688  Government Accountability shall submit to the Governor, the
 6689  President of the Senate, and the Speaker of the House of
 6690  Representatives by December 1, 2008, a report and
 6691  recommendations for implementing a statewide program that
 6692  addresses the legislative findings in subsection (1) in areas
 6693  that meet urban criteria. The Office of Program Policy Analysis
 6694  and Government Accountability in consultation with the state
 6695  land planning agency shall develop the report and
 6696  recommendations with input from other state and regional
 6697  agencies, local governments, and interest groups. Additionally,
 6698  the office shall review local and state actions and
 6699  correspondence relating to the pilot program to identify issues
 6700  of process and substance in recommending changes to the pilot
 6701  program. At a minimum, the report and recommendations shall
 6702  include the following:
 6703         (a)Identification of local governments beyond those
 6704  participating in the pilot program that should be subject to the
 6705  alternative expedited state review process. The report may
 6706  recommend that pilot program local governments may no longer be
 6707  appropriate for such alternative review process.
 6708         (b)Changes to the alternative expedited state review
 6709  process for local comprehensive plan amendments identified in
 6710  the pilot program.
 6711         (c)Criteria for determining issues of regional or
 6712  statewide importance that are to be protected in the alternative
 6713  state review process.
 6714         (d)In preparing the report and recommendations, the Office
 6715  of Program Policy Analysis and Government Accountability shall
 6716  consult with the state land planning agency, the Department of
 6717  Transportation, the Department of Environmental Protection, and
 6718  the regional planning agencies in identifying highly developed
 6719  local governments to participate in the alternative expedited
 6720  state review process. The Office of Program Policy Analysis and
 6721  Governmental Accountability shall also solicit citizen input in
 6722  the potentially affected areas and consult with the affected
 6723  local governments and stakeholder groups.
 6724         Section 28. Paragraph (a) of subsection (2) of section
 6725  163.360, Florida Statutes, is amended to read:
 6726         163.360 Community redevelopment plans.—
 6727         (2) The community redevelopment plan shall:
 6728         (a) Conform to the comprehensive plan for the county or
 6729  municipality as prepared by the local planning agency under the
 6730  Community Local Government Comprehensive Planning and Land
 6731  Development Regulation Act.
 6732         Section 29. Paragraph (a) of subsection (3) and subsection
 6733  (8) of section 163.516, Florida Statutes, are amended to read:
 6734         163.516 Safe neighborhood improvement plans.—
 6735         (3) The safe neighborhood improvement plan shall:
 6736         (a) Be consistent with the adopted comprehensive plan for
 6737  the county or municipality pursuant to the Community Local
 6738  Government Comprehensive Planning and Land Development
 6739  Regulation Act. No district plan shall be implemented unless the
 6740  local governing body has determined said plan is consistent.
 6741         (8) Pursuant to ss. 163.3184, 163.3187, and 163.3189, the
 6742  governing body of a municipality or county shall hold two public
 6743  hearings to consider the board-adopted safe neighborhood
 6744  improvement plan as an amendment or modification to the
 6745  municipality’s or county’s adopted local comprehensive plan.
 6746         Section 30. Paragraph (c) of subsection (2) and subsection
 6747  (3) of section 186.504, Florida Statutes, is amended to read:
 6748         186.504 Regional planning councils; creation; membership.—
 6749         (2) Membership on the regional planning council shall be as
 6750  follows:
 6751         (c) Representatives appointed by the Governor from the
 6752  geographic area covered by the regional planning council,
 6753  including an elected school board member from the geographic
 6754  area covered by the regional planning council, to be nominated
 6755  by the Florida School Board Association and a representative of
 6756  the civic and business community which shall be selected and
 6757  recommended by the Florida Chamber of Commerce, the Office of
 6758  Tourism, Trade, and Economic Development, and Enterprise
 6759  Florida. These representatives must include two or more of the
 6760  following: a representative of the region’s business community,
 6761  a representative of the commercial development community, a
 6762  representative of the banking and financial community, and a
 6763  representative of the agricultural community.
 6764         (3) Not less than two-thirds of the representatives serving
 6765  as voting members on the governing bodies of such regional
 6766  planning councils shall be elected officials of local general
 6767  purpose governments chosen by the cities and counties of the
 6768  region, provided each county shall have at least one vote. The
 6769  remaining one-third of the voting members on the governing board
 6770  shall be appointed by the Governor, to include one elected
 6771  school board member, subject to confirmation by the Senate, and
 6772  shall reside in the region. No two appointees of the Governor
 6773  shall have their places of residence in the same county until
 6774  each county within the region is represented by a Governor’s
 6775  appointee to the governing board. Nothing contained in this
 6776  section shall deny to local governing bodies or the Governor the
 6777  option of appointing either locally elected officials or lay
 6778  citizens provided at least two-thirds of the governing body of
 6779  the regional planning council is composed of locally elected
 6780  officials.
 6781         Section 31. Section 186.513, Florida Statutes, is amended
 6782  to read:
 6783         186.513 Reports.—Each regional planning council shall
 6784  prepare and furnish an annual report on its activities to the
 6785  state land planning agency as defined in s. 163.3164(20) and the
 6786  local general-purpose governments within its boundaries and,
 6787  upon payment as may be established by the council, to any
 6788  interested person. The regional planning councils shall make a
 6789  joint report and recommendations to appropriate legislative
 6790  committees.
 6791         Section 32. Section 186.515, Florida Statutes, is amended
 6792  to read:
 6793         186.515 Creation of regional planning councils under
 6794  chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and
 6795  186.515 is intended to repeal or limit the provisions of chapter
 6796  163; however, the local general-purpose governments serving as
 6797  voting members of the governing body of a regional planning
 6798  council created pursuant to ss. 186.501-186.507, 186.513, and
 6799  186.515 are not authorized to create a regional planning council
 6800  pursuant to chapter 163 unless an agency, other than a regional
 6801  planning council created pursuant to ss. 186.501-186.507,
 6802  186.513, and 186.515, is designated to exercise the powers and
 6803  duties in any one or more of ss. 163.3164(19) and 380.031(15);
 6804  in which case, such a regional planning council is also without
 6805  authority to exercise the powers and duties in s. 163.3164(19)
 6806  or s. 380.031(15).
 6807         Section 33. Subsection (1) of section 189.415, Florida
 6808  Statutes, is amended to read:
 6809         189.415 Special district public facilities report.—
 6810         (1) It is declared to be the policy of this state to foster
 6811  coordination between special districts and local general-purpose
 6812  governments as those local general-purpose governments develop
 6813  comprehensive plans under the Community Local Government
 6814  Comprehensive Planning and Land Development Regulation Act,
 6815  pursuant to part II of chapter 163.
 6816         Section 34. Subsection (3) of section 190.004, Florida
 6817  Statutes, is amended to read:
 6818         190.004 Preemption; sole authority.—
 6819         (3) The establishment of an independent community
 6820  development district as provided in this act is not a
 6821  development order within the meaning of chapter 380. All
 6822  governmental planning, environmental, and land development laws,
 6823  regulations, and ordinances apply to all development of the land
 6824  within a community development district. Community development
 6825  districts do not have the power of a local government to adopt a
 6826  comprehensive plan, building code, or land development code, as
 6827  those terms are defined in the Community Local Government
 6828  Comprehensive Planning and Land Development Regulation Act. A
 6829  district shall take no action which is inconsistent with
 6830  applicable comprehensive plans, ordinances, or regulations of
 6831  the applicable local general-purpose government.
 6832         Section 35. Paragraph (a) of subsection (1) of section
 6833  190.005, Florida Statutes, is amended to read:
 6834         190.005 Establishment of district.—
 6835         (1) The exclusive and uniform method for the establishment
 6836  of a community development district with a size of 1,000 acres
 6837  or more shall be pursuant to a rule, adopted under chapter 120
 6838  by the Florida Land and Water Adjudicatory Commission, granting
 6839  a petition for the establishment of a community development
 6840  district.
 6841         (a) A petition for the establishment of a community
 6842  development district shall be filed by the petitioner with the
 6843  Florida Land and Water Adjudicatory Commission. The petition
 6844  shall contain:
 6845         1. A metes and bounds description of the external
 6846  boundaries of the district. Any real property within the
 6847  external boundaries of the district which is to be excluded from
 6848  the district shall be specifically described, and the last known
 6849  address of all owners of such real property shall be listed. The
 6850  petition shall also address the impact of the proposed district
 6851  on any real property within the external boundaries of the
 6852  district which is to be excluded from the district.
 6853         2. The written consent to the establishment of the district
 6854  by all landowners whose real property is to be included in the
 6855  district or documentation demonstrating that the petitioner has
 6856  control by deed, trust agreement, contract, or option of 100
 6857  percent of the real property to be included in the district, and
 6858  when real property to be included in the district is owned by a
 6859  governmental entity and subject to a ground lease as described
 6860  in s. 190.003(14), the written consent by such governmental
 6861  entity.
 6862         3. A designation of five persons to be the initial members
 6863  of the board of supervisors, who shall serve in that office
 6864  until replaced by elected members as provided in s. 190.006.
 6865         4. The proposed name of the district.
 6866         5. A map of the proposed district showing current major
 6867  trunk water mains and sewer interceptors and outfalls if in
 6868  existence.
 6869         6. Based upon available data, the proposed timetable for
 6870  construction of the district services and the estimated cost of
 6871  constructing the proposed services. These estimates shall be
 6872  submitted in good faith but shall not be binding and may be
 6873  subject to change.
 6874         7. A designation of the future general distribution,
 6875  location, and extent of public and private uses of land proposed
 6876  for the area within the district by the future land use plan
 6877  element of the effective local government comprehensive plan of
 6878  which all mandatory elements have been adopted by the applicable
 6879  general-purpose local government in compliance with the
 6880  Community Local Government Comprehensive Planning and Land
 6881  Development Regulation Act.
 6882         8. A statement of estimated regulatory costs in accordance
 6883  with the requirements of s. 120.541.
 6884         Section 36. Paragraph (i) of subsection (6) of section
 6885  193.501, Florida Statutes, is amended to read:
 6886         193.501 Assessment of lands subject to a conservation
 6887  easement, environmentally endangered lands, or lands used for
 6888  outdoor recreational or park purposes when land development
 6889  rights have been conveyed or conservation restrictions have been
 6890  covenanted.—
 6891         (6) The following terms whenever used as referred to in
 6892  this section have the following meanings unless a different
 6893  meaning is clearly indicated by the context:
 6894         (i) “Qualified as environmentally endangered” means land
 6895  that has unique ecological characteristics, rare or limited
 6896  combinations of geological formations, or features of a rare or
 6897  limited nature constituting habitat suitable for fish, plants,
 6898  or wildlife, and which, if subject to a development moratorium
 6899  or one or more conservation easements or development
 6900  restrictions appropriate to retaining such land or water areas
 6901  predominantly in their natural state, would be consistent with
 6902  the conservation, recreation and open space, and, if applicable,
 6903  coastal protection elements of the comprehensive plan adopted by
 6904  formal action of the local governing body pursuant to s.
 6905  163.3161, the Community Local Government Comprehensive Planning
 6906  and Land Development Regulation Act; or surface waters and
 6907  wetlands, as determined by the methodology ratified in s.
 6908  373.4211.
 6909         Section 37. Subsection (15) of section 287.042, Florida
 6910  Statutes, is amended to read:
 6911         287.042 Powers, duties, and functions.—The department shall
 6912  have the following powers, duties, and functions:
 6913         (15) To enter into joint agreements with governmental
 6914  agencies, as defined in s. 163.3164(10), for the purpose of
 6915  pooling funds for the purchase of commodities or information
 6916  technology that can be used by multiple agencies.
 6917         (a) Each agency that has been appropriated or has existing
 6918  funds for such purchase, shall, upon contract award by the
 6919  department, transfer their portion of the funds into the
 6920  department’s Operating Trust Fund for payment by the department.
 6921  The funds shall be transferred by the Executive Office of the
 6922  Governor pursuant to the agency budget amendment request
 6923  provisions in chapter 216.
 6924         (b) Agencies that sign the joint agreements are financially
 6925  obligated for their portion of the agreed-upon funds. If an
 6926  agency becomes more than 90 days delinquent in paying the funds,
 6927  the department shall certify to the Chief Financial Officer the
 6928  amount due, and the Chief Financial Officer shall transfer the
 6929  amount due to the Operating Trust Fund of the department from
 6930  any of the agency’s available funds. The Chief Financial Officer
 6931  shall report these transfers and the reasons for the transfers
 6932  to the Executive Office of the Governor and the legislative
 6933  appropriations committees.
 6934         Section 38. Subsection (4) of section 288.063, Florida
 6935  Statutes, is amended to read:
 6936         288.063 Contracts for transportation projects.—
 6937         (4) The Office of Tourism, Trade, and Economic Development
 6938  may adopt criteria by which transportation projects are to be
 6939  reviewed and certified in accordance with s. 288.061. In
 6940  approving transportation projects for funding, the Office of
 6941  Tourism, Trade, and Economic Development shall consider factors
 6942  including, but not limited to, the cost per job created or
 6943  retained considering the amount of transportation funds
 6944  requested; the average hourly rate of wages for jobs created;
 6945  the reliance on the program as an inducement for the project’s
 6946  location decision; the amount of capital investment to be made
 6947  by the business; the demonstrated local commitment; the location
 6948  of the project in an enterprise zone designated pursuant to s.
 6949  290.0055; the location of the project in a spaceport territory
 6950  as defined in s. 331.304; the unemployment rate of the
 6951  surrounding area; and the poverty rate of the community; and the
 6952  adoption of an economic element as part of its local
 6953  comprehensive plan in accordance with s. 163.3177(7)(j). The
 6954  Office of Tourism, Trade, and Economic Development may contact
 6955  any agency it deems appropriate for additional input regarding
 6956  the approval of projects.
 6957         Section 39. Paragraph (a) of subsection (2), subsection
 6958  (10), and paragraph (d) of subsection (12) of section 288.975,
 6959  Florida Statutes, are amended to read:
 6960         288.975 Military base reuse plans.—
 6961         (2) As used in this section, the term:
 6962         (a) “Affected local government” means a local government
 6963  adjoining the host local government and any other unit of local
 6964  government that is not a host local government but that is
 6965  identified in a proposed military base reuse plan as providing,
 6966  operating, or maintaining one or more public facilities as
 6967  defined in s. 163.3164(24) on lands within or serving a military
 6968  base designated for closure by the Federal Government.
 6969         (10) Within 60 days after receipt of a proposed military
 6970  base reuse plan, these entities shall review and provide
 6971  comments to the host local government. The commencement of this
 6972  review period shall be advertised in newspapers of general
 6973  circulation within the host local government and any affected
 6974  local government to allow for public comment. No later than 180
 6975  days after receipt and consideration of all comments, and the
 6976  holding of at least two public hearings, the host local
 6977  government shall adopt the military base reuse plan. The host
 6978  local government shall comply with the notice requirements set
 6979  forth in s. 163.3184(15) to ensure full public participation in
 6980  this planning process.
 6981         (12) Following receipt of a petition, the petitioning party
 6982  or parties and the host local government shall seek resolution
 6983  of the issues in dispute. The issues in dispute shall be
 6984  resolved as follows:
 6985         (d) Within 45 days after receiving the report from the
 6986  state land planning agency, the Administration Commission shall
 6987  take action to resolve the issues in dispute. In deciding upon a
 6988  proper resolution, the Administration Commission shall consider
 6989  the nature of the issues in dispute, any requests for a formal
 6990  administrative hearing pursuant to chapter 120, the compliance
 6991  of the parties with this section, the extent of the conflict
 6992  between the parties, the comparative hardships and the public
 6993  interest involved. If the Administration Commission incorporates
 6994  in its final order a term or condition that requires any local
 6995  government to amend its local government comprehensive plan, the
 6996  local government shall amend its plan within 60 days after the
 6997  issuance of the order. Such amendment or amendments shall be
 6998  exempt from the limitation of the frequency of plan amendments
 6999  contained in s. 163.3187(1), and a public hearing on such
 7000  amendment or amendments pursuant to s. 163.3184(15)(b)1. shall
 7001  not be required. The final order of the Administration
 7002  Commission is subject to appeal pursuant to s. 120.68. If the
 7003  order of the Administration Commission is appealed, the time for
 7004  the local government to amend its plan shall be tolled during
 7005  the pendency of any local, state, or federal administrative or
 7006  judicial proceeding relating to the military base reuse plan.
 7007         Section 40. Subsection (4) of section 290.0475, Florida
 7008  Statutes, is amended to read:
 7009         290.0475 Rejection of grant applications; penalties for
 7010  failure to meet application conditions.—Applications received
 7011  for funding under all program categories shall be rejected
 7012  without scoring only in the event that any of the following
 7013  circumstances arise:
 7014         (4) The application is not consistent with the local
 7015  government’s comprehensive plan adopted pursuant to s.
 7016  163.3184(7).
 7017         Section 41. Paragraph (c) of subsection (3) of section
 7018  311.07, Florida Statutes, is amended to read:
 7019         311.07 Florida seaport transportation and economic
 7020  development funding.—
 7021         (3)
 7022         (c) To be eligible for consideration by the council
 7023  pursuant to this section, a project must be consistent with the
 7024  port comprehensive master plan which is incorporated as part of
 7025  the approved local government comprehensive plan as required by
 7026  s. 163.3178(2)(k) or other provisions of the Community Local
 7027  Government Comprehensive Planning and Land Development
 7028  Regulation Act, part II of chapter 163.
 7029         Section 42. Subsection (1) of section 331.319, Florida
 7030  Statutes, is amended to read:
 7031         331.319 Comprehensive planning; building and safety codes.
 7032  The board of directors may:
 7033         (1) Adopt, and from time to time review, amend, supplement,
 7034  or repeal, a comprehensive general plan for the physical
 7035  development of the area within the spaceport territory in
 7036  accordance with the objectives and purposes of this act and
 7037  consistent with the comprehensive plans of the applicable county
 7038  or counties and municipality or municipalities adopted pursuant
 7039  to the Community Local Government Comprehensive Planning and
 7040  Land Development Regulation Act, part II of chapter 163.
 7041         Section 43. Paragraph (e) of subsection (5) of section
 7042  339.155, Florida Statutes, is amended to read:
 7043         339.155 Transportation planning.—
 7044         (5) ADDITIONAL TRANSPORTATION PLANS.—
 7045         (e) The regional transportation plan developed pursuant to
 7046  this section must, at a minimum, identify regionally significant
 7047  transportation facilities located within a regional
 7048  transportation area and contain a prioritized list of regionally
 7049  significant projects. The level-of-service standards for
 7050  facilities to be funded under this subsection shall be adopted
 7051  by the appropriate local government in accordance with s.
 7052  163.3180(10). The projects shall be adopted into the capital
 7053  improvements schedule of the local government comprehensive plan
 7054  pursuant to s. 163.3177(3).
 7055         Section 44. Paragraph (a) of subsection (4) of section
 7056  339.2819, Florida Statutes, is amended to read:
 7057         339.2819 Transportation Regional Incentive Program.—
 7058         (4)(a) Projects to be funded with Transportation Regional
 7059  Incentive Program funds shall, at a minimum:
 7060         1. Support those transportation facilities that serve
 7061  national, statewide, or regional functions and function as an
 7062  integrated regional transportation system.
 7063         2. Be identified in the capital improvements element of a
 7064  comprehensive plan that has been determined to be in compliance
 7065  with part II of chapter 163, after July 1, 2005, or to implement
 7066  a long-term concurrency management system adopted by a local
 7067  government in accordance with s. 163.3180(9). Further, the
 7068  project shall be in compliance with local government
 7069  comprehensive plan policies relative to corridor management.
 7070         3. Be consistent with the Strategic Intermodal System Plan
 7071  developed under s. 339.64.
 7072         4. Have a commitment for local, regional, or private
 7073  financial matching funds as a percentage of the overall project
 7074  cost.
 7075         Section 45. Present subsections (9), (10), (11), (12), and
 7076  (13) of section 367.021, Florida Statutes, are renumbered as
 7077  subsections (11), (12), (13), (14), and (15), respectively, and
 7078  new subsections (9) and (10) are added to that section, to read:
 7079         367.021 Definitions.—As used in this chapter, the following
 7080  words or terms shall have the meanings indicated:
 7081         (9) “Large landowner” means any applicant for a certificate
 7082  pursuant to s. 367.045 who owns or controls at least 1,000 acres
 7083  in a single county or adjacent counties which are proposed to be
 7084  certified.
 7085         (10) “Need” means, for the purposes of s. 367.045, a
 7086  showing by a large landowner that the certificate is sought for
 7087  planning purposes to allow the landowner to be prepared to
 7088  provide service to its properties as and when needed to meet
 7089  demands for any residential, commercial, or industrial service,
 7090  or for such other lawful purposes as may arise within the
 7091  territory to be certified. A large landowner is not required to
 7092  demonstrate that the need for service is either immediate or
 7093  imminent, or that such service will be required within a
 7094  specific timeframe.
 7095         Section 46. Subsection (5) of section 369.303, Florida
 7096  Statutes, is amended to read:
 7097         369.303 Definitions.—As used in this part:
 7098         (5) “Land development regulation” means a regulation
 7099  covered by the definition in s. 163.3164(23) and any of the
 7100  types of regulations described in s. 163.3202.
 7101         Section 47. Subsection (7) of section 369.321, Florida
 7102  Statutes, is amended to read:
 7103         369.321 Comprehensive plan amendments.—Except as otherwise
 7104  expressly provided, by January 1, 2006, each local government
 7105  within the Wekiva Study Area shall amend its local government
 7106  comprehensive plan to include the following:
 7107         (7) During the period prior to the adoption of the
 7108  comprehensive plan amendments required by this act, any local
 7109  comprehensive plan amendment adopted by a city or county that
 7110  applies to land located within the Wekiva Study Area shall
 7111  protect surface and groundwater resources and be reviewed by the
 7112  Department of Community Affairs, pursuant to chapter 163 and
 7113  chapter 9J-5, Florida Administrative Code, using best available
 7114  data, including the information presented to the Wekiva River
 7115  Basin Coordinating Committee.
 7116         Section 48. Subsection (1) of section 378.021, Florida
 7117  Statutes, is amended to read:
 7118         378.021 Master reclamation plan.—
 7119         (1) The Department of Environmental Protection shall amend
 7120  the master reclamation plan that provides guidelines for the
 7121  reclamation of lands mined or disturbed by the severance of
 7122  phosphate rock prior to July 1, 1975, which lands are not
 7123  subject to mandatory reclamation under part II of chapter 211.
 7124  In amending the master reclamation plan, the Department of
 7125  Environmental Protection shall continue to conduct an onsite
 7126  evaluation of all lands mined or disturbed by the severance of
 7127  phosphate rock prior to July 1, 1975, which lands are not
 7128  subject to mandatory reclamation under part II of chapter 211.
 7129  The master reclamation plan when amended by the Department of
 7130  Environmental Protection shall be consistent with local
 7131  government plans prepared pursuant to the Community Local
 7132  Government Comprehensive Planning and Land Development
 7133  Regulation Act.
 7134         Section 49. Subsection (10) of section 380.031, Florida
 7135  Statutes, is amended to read:
 7136         380.031 Definitions.—As used in this chapter:
 7137         (10) “Local comprehensive plan” means any or all local
 7138  comprehensive plans or elements or portions thereof prepared,
 7139  adopted, or amended pursuant to the Community Local Government
 7140  Comprehensive Planning and Land Development Regulation Act, as
 7141  amended.
 7142         Section 50. Paragraph (b) of subsection (6), paragraphs
 7143  (l), (m), and (s) of subsection (24), paragraph (e) of
 7144  subsection (28), and paragraphs (a) and (e) of subsection (29)
 7145  of section 380.06, Florida Statutes, are amended to read:
 7146         380.06 Developments of regional impact.—
 7147         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
 7148  PLAN AMENDMENTS.—
 7149         (b) Any local government comprehensive plan amendments
 7150  related to a proposed development of regional impact, including
 7151  any changes proposed under subsection (19), may be initiated by
 7152  a local planning agency or the developer and must be considered
 7153  by the local governing body at the same time as the application
 7154  for development approval using the procedures provided for local
 7155  plan amendment in s. 163.3187 or s. 163.3189 and applicable
 7156  local ordinances, without regard to statutory or local ordinance
 7157  limits on the frequency of consideration of amendments to the
 7158  local comprehensive plan. Nothing in this paragraph shall be
 7159  deemed to require favorable consideration of a plan amendment
 7160  solely because it is related to a development of regional
 7161  impact. The procedure for processing such comprehensive plan
 7162  amendments is as follows:
 7163         1. If a developer seeks a comprehensive plan amendment
 7164  related to a development of regional impact, the developer must
 7165  so notify in writing the regional planning agency, the
 7166  applicable local government, and the state land planning agency
 7167  no later than the date of preapplication conference or the
 7168  submission of the proposed change under subsection (19).
 7169         2. When filing the application for development approval or
 7170  the proposed change, the developer must include a written
 7171  request for comprehensive plan amendments that would be
 7172  necessitated by the development-of-regional-impact approvals
 7173  sought. That request must include data and analysis upon which
 7174  the applicable local government can determine whether to
 7175  transmit the comprehensive plan amendment pursuant to s.
 7176  163.3184.
 7177         3. The local government must advertise a public hearing on
 7178  the transmittal within 30 days after filing the application for
 7179  development approval or the proposed change and must make a
 7180  determination on the transmittal within 60 days after the
 7181  initial filing unless that time is extended by the developer.
 7182         4. If the local government approves the transmittal,
 7183  procedures set forth in s. 163.3184 (3)-(6) must be followed.
 7184         5. Notwithstanding subsection (11) or subsection (19), the
 7185  local government may not hold a public hearing on the
 7186  application for development approval or the proposed change or
 7187  on the comprehensive plan amendments sooner than 30 days from
 7188  receipt of the response from the state land planning agency
 7189  pursuant to s. 163.3184(6). The 60-day time period for local
 7190  governments to adopt, adopt with changes, or not adopt plan
 7191  amendments pursuant to s. 163.3184(7) shall not apply to
 7192  concurrent plan amendments provided for in this subsection.
 7193         6. The local government must hear both the application for
 7194  development approval or the proposed change and the
 7195  comprehensive plan amendments at the same hearing. However, the
 7196  local government must take action separately on the application
 7197  for development approval or the proposed change and on the
 7198  comprehensive plan amendments.
 7199         7. Thereafter, the appeal process for the local government
 7200  development order must follow the provisions of s. 380.07, and
 7201  the compliance process for the comprehensive plan amendments
 7202  must follow the provisions of s. 163.3184.
 7203         (24) STATUTORY EXEMPTIONS.—
 7204         (l) Any proposed development within an urban service
 7205  boundary established under s. 163.3177(14), which is not
 7206  otherwise exempt pursuant to subsection (29), is exempt from the
 7207  provisions of this section if the local government having
 7208  jurisdiction over the area where the development is proposed has
 7209  adopted the urban service boundary, has entered into a binding
 7210  agreement with jurisdictions that would be impacted and with the
 7211  Department of Transportation regarding the mitigation of impacts
 7212  on state and regional transportation facilities, and has adopted
 7213  a proportionate share methodology pursuant to s. 163.3180(16).
 7214         (m) Any proposed development within a rural land
 7215  stewardship area created under s. 163.3248 163.3177(11)(d) is
 7216  exempt from the provisions of this section if the local
 7217  government that has adopted the rural land stewardship area has
 7218  entered into a binding agreement with jurisdictions that would
 7219  be impacted and the Department of Transportation regarding the
 7220  mitigation of impacts on state and regional transportation
 7221  facilities, and has adopted a proportionate share methodology
 7222  pursuant to s. 163.3180(16).
 7223         (s) Any development in a detailed specific area plan which
 7224  is prepared and adopted pursuant to s. 163.3245 and adopted into
 7225  the comprehensive plan is exempt from this section.
 7226         (u) Any transit-oriented development as defined in s.
 7227  163.3164 incorporated into the county or municipality
 7228  comprehensive plan that has adopted land use and transportation
 7229  strategies to support and fund the local government concurrency
 7230  or mobility plan identified in the comprehensive plan, including
 7231  alternative modes of transportation, is exempt from review for
 7232  transportation impacts conducted pursuant to this section. This
 7233  paragraph does not apply to areas:
 7234         1. Within the boundary of any area of critical state
 7235  concern designated pursuant to s. 380.05;
 7236         2. Within the boundary of the Wekiva Study Area as
 7237  described in s. 369.316; or
 7238         3.Within 2 miles of the boundary of the Everglades
 7239  Protection Area as defined in s. 373.4592(2).
 7240  
 7241  If a use is exempt from review as a development of regional
 7242  impact under paragraphs (a)-(s), but will be part of a larger
 7243  project that is subject to review as a development of regional
 7244  impact, the impact of the exempt use must be included in the
 7245  review of the larger project, unless such exempt use involves a
 7246  development of regional impact that includes a landowner,
 7247  tenant, or user that has entered into a funding agreement with
 7248  the Office of Tourism, Trade, and Economic Development under the
 7249  Innovation Incentive Program and the agreement contemplates a
 7250  state award of at least $50 million.
 7251         (28) PARTIAL STATUTORY EXEMPTIONS.—
 7252         (e) The vesting provision of s. 163.3167(5)(8) relating to
 7253  an authorized development of regional impact shall not apply to
 7254  those projects partially exempt from the development-of
 7255  regional-impact review process under paragraphs (a)-(d).
 7256         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 7257         (a) The following are exempt from this section:
 7258         1. Any proposed development in a municipality that has an
 7259  average of at least 1,000 people per square mile of land area
 7260  and a minimum total population of at least 5,000 qualifies as a
 7261  dense urban land area as defined in s. 163.3164;
 7262         2. Any proposed development within a county that has an
 7263  average of at least 1,000 people per square mile of land area
 7264  qualifies as a dense urban land area as defined in s. 163.3164
 7265  and that is located within an urban service area as defined in
 7266  s. 163.3164 which has been adopted into the comprehensive plan;
 7267  or
 7268         3. Any proposed development within a county, including the
 7269  municipalities located therein, which has a population of at
 7270  least 900,000, that has an average of at least 1,000 people per
 7271  square mile of land area which qualifies as a dense urban land
 7272  area under s. 163.3164, but which does not have an urban service
 7273  area designated in the comprehensive plan.
 7274  
 7275  The Office of Economic and Demographic Research within the
 7276  Legislature shall annually calculate the population and density
 7277  criteria needed to determine which jurisdictions meet the
 7278  density criteria in subparagraphs 1.-3. by using the most recent
 7279  land area data from the decennial census conducted by the Bureau
 7280  of the Census of the United States Department of Commerce and
 7281  the latest available population estimates determined pursuant to
 7282  s. 186.901. If any local government has had an annexation,
 7283  contraction, or new incorporation, the Office of Economic and
 7284  Demographic Research shall determine the population density
 7285  using the new jurisdictional boundaries as recorded in
 7286  accordance with s. 171.091. The Office of Economic and
 7287  Demographic Research shall annually submit to the state land
 7288  planning agency by July 1 a list of jurisdictions that meet the
 7289  total population and density criteria. The state land planning
 7290  agency shall publish the list of jurisdictions on its Internet
 7291  website within 7 days after the list is received. The
 7292  designation of jurisdictions that meet the density criteria of
 7293  subparagraphs 1.-3. is effective upon publication on the state
 7294  land planning agency’s Internet website. Any area that meets the
 7295  density criteria may not thereafter be removed from the list of
 7296  areas that qualify.
 7297         (e) In an area that is exempt under paragraphs (a)-(c), any
 7298  previously approved development-of-regional-impact development
 7299  orders shall continue to be effective, but the developer has the
 7300  option to be governed by s. 380.115(1). A pending application
 7301  for development approval shall be governed by s. 380.115(2). A
 7302  development that has a pending application for a comprehensive
 7303  plan amendment and that elects not to continue development-of
 7304  regional-impact review is exempt from the limitation on plan
 7305  amendments set forth in s. 163.3187(1) for the year following
 7306  the effective date of the exemption.
 7307         Section 51. Paragraph (a) of subsection (8) of section
 7308  380.061, Florida Statutes, is amended to read:
 7309         380.061 The Florida Quality Developments program.—
 7310         (8)(a) Any local government comprehensive plan amendments
 7311  related to a Florida Quality Development may be initiated by a
 7312  local planning agency and considered by the local governing body
 7313  at the same time as the application for development approval,
 7314  using the procedures provided for local plan amendment in s.
 7315  163.3187 or s. 163.3189 and applicable local ordinances, without
 7316  regard to statutory or local ordinance limits on the frequency
 7317  of consideration of amendments to the local comprehensive plan.
 7318  Nothing in this subsection shall be construed to require
 7319  favorable consideration of a Florida Quality Development solely
 7320  because it is related to a development of regional impact.
 7321         Section 52. Paragraph (a) of subsection (2) of section
 7322  380.065, Florida Statutes, is amended to read:
 7323         380.065 Certification of local government review of
 7324  development.—
 7325         (2) When a petition is filed, the state land planning
 7326  agency shall have no more than 90 days to prepare and submit to
 7327  the Administration Commission a report and recommendations on
 7328  the proposed certification. In deciding whether to grant
 7329  certification, the Administration Commission shall determine
 7330  whether the following criteria are being met:
 7331         (a) The petitioning local government has adopted and
 7332  effectively implemented a local comprehensive plan and
 7333  development regulations which comply with ss. 163.3161-163.3215,
 7334  the Community Local Government Comprehensive Planning and Land
 7335  Development Regulation Act.
 7336         Section 53. Section 380.0685, Florida Statutes, is amended
 7337  to read:
 7338         380.0685 State park in area of critical state concern in
 7339  county which creates land authority; surcharge on admission and
 7340  overnight occupancy.—The Department of Environmental Protection
 7341  shall impose and collect a surcharge of 50 cents per person per
 7342  day, or $5 per annual family auto entrance permit, on admission
 7343  to all state parks in areas of critical state concern located in
 7344  a county which creates a land authority pursuant to s.
 7345  380.0663(1), and a surcharge of $2.50 per night per campsite,
 7346  cabin, or other overnight recreational occupancy unit in state
 7347  parks in areas of critical state concern located in a county
 7348  which creates a land authority pursuant to s. 380.0663(1);
 7349  however, no surcharge shall be imposed or collected under this
 7350  section for overnight use by nonprofit groups of organized group
 7351  camps, primitive camping areas, or other facilities intended
 7352  primarily for organized group use. Such surcharges shall be
 7353  imposed within 90 days after any county creating a land
 7354  authority notifies the Department of Environmental Protection
 7355  that the land authority has been created. The proceeds from such
 7356  surcharges, less a collection fee that shall be kept by the
 7357  Department of Environmental Protection for the actual cost of
 7358  collection, not to exceed 2 percent, shall be transmitted to the
 7359  land authority of the county from which the revenue was
 7360  generated. Such funds shall be used to purchase property in the
 7361  area or areas of critical state concern in the county from which
 7362  the revenue was generated. An amount not to exceed 10 percent
 7363  may be used for administration and other costs incident to such
 7364  purchases. However, the proceeds of the surcharges imposed and
 7365  collected pursuant to this section in a state park or parks
 7366  located wholly within a municipality, less the costs of
 7367  collection as provided herein, shall be transmitted to that
 7368  municipality for use by the municipality for land acquisition or
 7369  for beach renourishment or restoration, including, but not
 7370  limited to, costs associated with any design, permitting,
 7371  monitoring and mitigation of such work, as well as the work
 7372  itself. The surcharges levied under this section shall remain
 7373  imposed as long as the land authority is in existence.
 7374         Section 54. Subsection (3) of section 380.115, Florida
 7375  Statutes, is amended to read:
 7376         380.115 Vested rights and duties; effect of size reduction,
 7377  changes in guidelines and standards.—
 7378         (3) A landowner that has filed an application for a
 7379  development-of-regional-impact review prior to the adoption of a
 7380  an optional sector plan pursuant to s. 163.3245 may elect to
 7381  have the application reviewed pursuant to s. 380.06,
 7382  comprehensive plan provisions in force prior to adoption of the
 7383  sector plan, and any requested comprehensive plan amendments
 7384  that accompany the application.
 7385         Section 55. Subsection (1) of section 403.50665, Florida
 7386  Statutes, is amended to read:
 7387         403.50665 Land use consistency.—
 7388         (1) The applicant shall include in the application a
 7389  statement on the consistency of the site and any associated
 7390  facilities that constitute a “development,” as defined in s.
 7391  380.04, with existing land use plans and zoning ordinances that
 7392  were in effect on the date the application was filed and a full
 7393  description of such consistency. This information shall include
 7394  an identification of those associated facilities that the
 7395  applicant believes are exempt from the requirements of land use
 7396  plans and zoning ordinances under the provisions of the
 7397  Community Local Government Comprehensive Planning and Land
 7398  Development Regulation Act provisions of chapter 163 and s.
 7399  380.04(3).
 7400         Section 56. Subsection (16) of section 420.9071, Florida
 7401  Statutes, is amended to read:
 7402         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
 7403  term:
 7404         (16) “Local housing incentive strategies” means local
 7405  regulatory reform or incentive programs to encourage or
 7406  facilitate affordable housing production, which include at a
 7407  minimum, assurance that permits as defined in s. 163.3164(7) and
 7408  (8) for affordable housing projects are expedited to a greater
 7409  degree than other projects; an ongoing process for review of
 7410  local policies, ordinances, regulations, and plan provisions
 7411  that increase the cost of housing prior to their adoption; and a
 7412  schedule for implementing the incentive strategies. Local
 7413  housing incentive strategies may also include other regulatory
 7414  reforms, such as those enumerated in s. 420.9076 or those
 7415  recommended by the affordable housing advisory committee in its
 7416  triennial evaluation of the implementation of affordable housing
 7417  incentives, and adopted by the local governing body.
 7418         Section 57. Paragraph (a) of subsection (4) of section
 7419  420.9076, Florida Statutes, is amended to read:
 7420         420.9076 Adoption of affordable housing incentive
 7421  strategies; committees.—
 7422         (4) Triennially, the advisory committee shall review the
 7423  established policies and procedures, ordinances, land
 7424  development regulations, and adopted local government
 7425  comprehensive plan of the appointing local government and shall
 7426  recommend specific actions or initiatives to encourage or
 7427  facilitate affordable housing while protecting the ability of
 7428  the property to appreciate in value. The recommendations may
 7429  include the modification or repeal of existing policies,
 7430  procedures, ordinances, regulations, or plan provisions; the
 7431  creation of exceptions applicable to affordable housing; or the
 7432  adoption of new policies, procedures, regulations, ordinances,
 7433  or plan provisions, including recommendations to amend the local
 7434  government comprehensive plan and corresponding regulations,
 7435  ordinances, and other policies. At a minimum, each advisory
 7436  committee shall submit a report to the local governing body that
 7437  includes recommendations on, and triennially thereafter
 7438  evaluates the implementation of, affordable housing incentives
 7439  in the following areas:
 7440         (a) The processing of approvals of development orders or
 7441  permits, as defined in s. 163.3164(7) and (8), for affordable
 7442  housing projects is expedited to a greater degree than other
 7443  projects.
 7444  
 7445  The advisory committee recommendations may also include other
 7446  affordable housing incentives identified by the advisory
 7447  committee. Local governments that receive the minimum allocation
 7448  under the State Housing Initiatives Partnership Program shall
 7449  perform the initial review but may elect to not perform the
 7450  triennial review.
 7451         Section 58. Subsection (1) of section 720.403, Florida
 7452  Statutes, is amended to read:
 7453         720.403 Preservation of residential communities; revival of
 7454  declaration of covenants.—
 7455         (1) Consistent with required and optional elements of local
 7456  comprehensive plans and other applicable provisions of the
 7457  Community Local Government Comprehensive Planning and Land
 7458  Development Regulation Act, homeowners are encouraged to
 7459  preserve existing residential communities, promote available and
 7460  affordable housing, protect structural and aesthetic elements of
 7461  their residential community, and, as applicable, maintain roads
 7462  and streets, easements, water and sewer systems, utilities,
 7463  drainage improvements, conservation and open areas, recreational
 7464  amenities, and other infrastructure and common areas that serve
 7465  and support the residential community by the revival of a
 7466  previous declaration of covenants and other governing documents
 7467  that may have ceased to govern some or all parcels in the
 7468  community.
 7469         Section 59. Subsections (3), (7), and (8) of section
 7470  1013.33, Florida Statutes, are amended to read:
 7471         1013.33 Coordination of planning with local governing
 7472  bodies.—
 7473         (3) At a minimum, the interlocal agreement must address
 7474  interlocal agreement requirements in s. 163.31777 and, if
 7475  applicable, s. 163.3180(6)(13)(g), except for exempt local
 7476  governments as provided in s. 163.3177(12), and must address the
 7477  following issues:
 7478         (a) A process by which each local government and the
 7479  district school board agree and base their plans on consistent
 7480  projections of the amount, type, and distribution of population
 7481  growth and student enrollment. The geographic distribution of
 7482  jurisdiction-wide growth forecasts is a major objective of the
 7483  process.
 7484         (b) A process to coordinate and share information relating
 7485  to existing and planned public school facilities, including
 7486  school renovations and closures, and local government plans for
 7487  development and redevelopment.
 7488         (c) Participation by affected local governments with the
 7489  district school board in the process of evaluating potential
 7490  school closures, significant renovations to existing schools,
 7491  and new school site selection before land acquisition. Local
 7492  governments shall advise the district school board as to the
 7493  consistency of the proposed closure, renovation, or new site
 7494  with the local comprehensive plan, including appropriate
 7495  circumstances and criteria under which a district school board
 7496  may request an amendment to the comprehensive plan for school
 7497  siting.
 7498         (d) A process for determining the need for and timing of
 7499  onsite and offsite improvements to support new construction,
 7500  proposed expansion, or redevelopment of existing schools. The
 7501  process shall address identification of the party or parties
 7502  responsible for the improvements.
 7503         (e) A process for the school board to inform the local
 7504  government regarding the effect of comprehensive plan amendments
 7505  on school capacity. The capacity reporting must be consistent
 7506  with laws and rules regarding measurement of school facility
 7507  capacity and must also identify how the district school board
 7508  will meet the public school demand based on the facilities work
 7509  program adopted pursuant to s. 1013.35.
 7510         (f) Participation of the local governments in the
 7511  preparation of the annual update to the school board’s 5-year
 7512  district facilities work program and educational plant survey
 7513  prepared pursuant to s. 1013.35.
 7514         (g) A process for determining where and how joint use of
 7515  either school board or local government facilities can be shared
 7516  for mutual benefit and efficiency.
 7517         (h) A procedure for the resolution of disputes between the
 7518  district school board and local governments, which may include
 7519  the dispute resolution processes contained in chapters 164 and
 7520  186.
 7521         (i) An oversight process, including an opportunity for
 7522  public participation, for the implementation of the interlocal
 7523  agreement.
 7524         (7) Except as provided in subsection (8), municipalities
 7525  meeting the exemption criteria in s. 163.3177(12) are exempt
 7526  from the requirements of subsections (2), (3), and (4).
 7527         (8) At the time of the evaluation and appraisal report,
 7528  each exempt municipality shall assess the extent to which it
 7529  continues to meet the criteria for exemption under s.
 7530  163.3177(12). If the municipality continues to meet these
 7531  criteria, the municipality shall continue to be exempt from the
 7532  interlocal agreement requirement. Each municipality exempt under
 7533  s. 163.3177(12) must comply with the provisions of subsections
 7534  (2)-(8) within 1 year after the district school board proposes,
 7535  in its 5-year district facilities work program, a new school
 7536  within the municipality’s jurisdiction.
 7537         Section 60. Rules 9J-5 and 9J-11.023, Florida
 7538  Administrative Code, are repealed, and the Department of State
 7539  is directed to remove those rules from the Florida
 7540  Administrative Code.
 7541         Section 61. Any permit or any other authorization that was
 7542  extended under section 14, chapter 2009-96, Laws of Florida, as
 7543  re-authorized by section 47, chapter 2010-147, Laws of Florida,
 7544  is extended and renewed for an additional period of two years
 7545  from its extended expiration date. The holder of a valid permit
 7546  or other authorization that is eligible for the additional two
 7547  year extension must notify the authorizing agency in writing by
 7548  December 31, 2011, identifying the specific authorization for
 7549  which the holder intends to use the extension and the
 7550  anticipated time frame for acting on the authorization.
 7551         Section 62. The Legislature finds that this act fulfills an
 7552  important state interest.
 7553         Section 63. (1) The state land planning agency, within 60
 7554  days after the effective date of this act, shall review any
 7555  administrative or judicial proceeding filed by the agency and
 7556  pending on the effective date of this act to determine whether
 7557  the issues raised by the state land planning agency are
 7558  consistent with the revised provisions of part II of chapter
 7559  163, Florida Statutes. For each proceeding, if the agency
 7560  determines that issues have been raised that are not consistent
 7561  with the revised provisions of part II of chapter 163, Florida
 7562  Statutes, the agency shall dismiss the proceeding. If the state
 7563  land planning agency determines that one or more issues have
 7564  been raised that are consistent with the revised provisions of
 7565  part II of chapter 163, Florida Statutes, the agency shall amend
 7566  its petition within 30 days after the determination to plead
 7567  with particularity as to the manner in which the plan or plan
 7568  amendment fails to meet the revised provisions of part II of
 7569  chapter 163, Florida Statutes. If the agency fails to timely
 7570  file such amended petition, the proceeding shall be dismissed.
 7571         (2) In all proceedings that were initiated by the state
 7572  land planning agency before the effective date of this act, and
 7573  continue after that date, the local government’s determination
 7574  that the comprehensive plan or plan amendment is in compliance
 7575  is presumed to be correct, and the local government’s
 7576  determination shall be sustained unless it is shown by a
 7577  preponderance of the evidence that the comprehensive plan or
 7578  plan amendment is not in compliance.
 7579         Section 64. In accordance with s. 1.04, Florida Statutes,
 7580  the provisions of law amended by this act shall be construed in
 7581  pari materia with the provisions of law reenacted by Senate Bill
 7582  174 or HB 7001, 2011 Regular Session, whichever becomes law, and
 7583  incorporated therein. In addition, if any law amended by this
 7584  act is also amended by any other law enacted at the same
 7585  legislative session or an extension thereof which becomes law,
 7586  full effect shall be given to each if possible.
 7587         Section 65. The Division of Statutory Revision is directed
 7588  to replace the phrase “the effective date of this act” wherever
 7589  it occurs in this act with the date this act becomes a law.
 7590         Section 66. The reenactment of s. 163.31801(5) in section
 7591  12 of this act shall take effect upon this act becoming a law,
 7592  and shall operate retroactively to July 1, 2009. If such
 7593  retroactive application is held by a court of last resort to be
 7594  unconstitutional, this act shall apply prospectively from the
 7595  date that this act becomes a law.
 7596         Section 67. Except as otherwise expressly provided in this
 7597  act and except for this section, which shall take effect upon
 7598  this act becoming a law, this act shall take effect July 1,
 7599  2011.