Florida Senate - 2011                      CS for CS for SB 1122
       
       
       
       By the Committees on Environmental Preservation and
       Conservation; and Community Affairs; and Senator Bennett
       
       
       
       592-04580A-11                                         20111122c2
    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         163.3162, F.S.; revising provisions related to
    8         agricultural enclaves; amending s. 163.3164, F.S.;
    9         revising definitions; amending s. 163.3167, F.S.;
   10         revising the scope of the act; revising and providing
   11         duties of local governments and municipalities
   12         relating to comprehensive plans; removing regional
   13         planning agencies from the responsibility of preparing
   14         comprehensive plans; prohibiting initiative or
   15         referendum processes in regard to development orders,
   16         local comprehensive plan amendments, and map
   17         amendments; prohibiting local governments from
   18         requiring a super majority vote on comprehensive plan
   19         amendments; deleting retroactive effect; creating s.
   20         163.3168, F.S.; encouraging local governments to apply
   21         for certain innovative planning tools; authorizing the
   22         state land planning agency and other appropriate state
   23         and regional agencies to use direct and indirect
   24         technical assistance; amending s. 163.3171, F.S.;
   25         providing legislative intent; amending s. 163.3174,
   26         F.S.; deleting certain notice requirements relating to
   27         the establishment of local planning agencies by a
   28         governing body; amending s. 163.3175, F.S.; providing
   29         additional factors for local government consideration
   30         in impacts to military installations; clarifying
   31         requirements for adopting criteria to address
   32         compatibility of lands relating to military
   33         installations; 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 and providing required sanitary
   40         sewer, solid waste, drainage, potable water, and
   41         natural groundwater aquifer recharge elements;
   42         revising and providing required conservation elements;
   43         revising and providing required housing elements;
   44         revising and providing required coastal management
   45         elements; revising major objectives of, and procedures
   46         relating to, the local comprehensive planning process;
   47         revising and providing required and optional elements
   48         of future land use plans; providing required
   49         transportation elements; revising and providing
   50         required conservation elements; revising and providing
   51         required housing elements; revising and providing
   52         required coastal management elements; revising and
   53         providing required intergovernmental coordination
   54         elements; amending s. 163.31777, F.S.; revising
   55         requirements relating to public schools’ interlocal
   56         agreements; deleting duties of the Office of
   57         Educational Facilities, the state land planning
   58         agency, and local governments relating to such
   59         agreements; deleting an exemption; amending s.
   60         163.3178, F.S.; deleting a deadline for local
   61         governments to amend coastal management elements and
   62         future land use maps; amending s. 163.3180, F.S.;
   63         revising and providing provisions relating to
   64         concurrency; revising concurrency requirements;
   65         revising application and findings; revising local
   66         government requirements; revising and providing
   67         requirements relating to transportation concurrency,
   68         transportation concurrency exception areas, urban
   69         infill, urban redevelopment, urban service, downtown
   70         revitalization areas, transportation concurrency
   71         management areas, long-term transportation and school
   72         concurrency management systems, development of
   73         regional impact, school concurrency, service areas,
   74         financial feasibility, interlocal agreements, and
   75         multimodal transportation districts; revising duties
   76         of the Office of Program Policy Analysis and
   77         Government Accountability and the state land planning
   78         agency; providing requirements for local plans;
   79         providing for the limiting the liability of local
   80         governments under certain conditions; reenacting s.
   81         163.31801(5), F.S., and amending s. 163.31801, F.S.;
   82         prohibiting new impact fees by local governments for a
   83         specified period of time; amending s. 163.3182, F.S.;
   84         revising definitions; revising provisions relating to
   85         transportation sufficiency plans and projects;
   86         amending s. 163.3184, F.S.; providing a definition for
   87         “reviewing agencies”; amending the definition of “in
   88         compliance”; removing references to procedural rules
   89         established by the state land planning agency;
   90         deleting provisions relating to community vision and
   91         urban boundary plan amendments, urban infill and
   92         redevelopment plan amendments, and housing incentive
   93         strategy plan amendments; amending s. 163.3187, F.S.;
   94         deleting provisions relating to the amendment of
   95         adopted comprehensive plan and providing the process
   96         for adoption of small-scale comprehensive plan
   97         amendments; amending s. 163.3191, F.S., relating to
   98         the evaluation and appraisal of comprehensive plans;
   99         providing and revising local government requirements
  100         including notice, amendments, compliance, mediation,
  101         reports, and scoping meetings; amending s. 163.3194,
  102         F.S.; regulating development orders for signs
  103         authorized by s. 479.07, F.S.; providing definitions;
  104         amending s. 163.3235, F.S.; revising requirements for
  105         periodic reviews of a development agreements; amending
  106         s. 163.3239, F.S.; revising recording requirements;
  107         amending s. 163.3243, F.S.; revising parties who may
  108         file an action for injunctive relief; amending s.
  109         163.3245, F.S.; revising provisions relating to
  110         optional sector plans; authorizing the adoption of
  111         sector plans under certain circumstances; amending s.
  112         163.3247, F.S.; revising provisions relating to the
  113         Century Commission for a Sustainable Florida; revising
  114         the findings and intent to include the necessity for a
  115         specific strategic plan addressing the state’s growth
  116         management system; revising the planning timeframes to
  117         include a 10-year horizon; revising membership of the
  118         commission; deleting obsolete provisions regarding
  119         initial appointments; providing for the election of a
  120         chair and excluding certain members from serving as
  121         chair during a specified period; requiring that the
  122         commission meet at least six times per fiscal year;
  123         deleting a provision that requires the commission to
  124         meet in different regions in the state; requiring that
  125         the executive director establish a meeting calendar
  126         with the commission’s approval; authorizing the
  127         commission to form subcommittees by vote; providing
  128         for a majority vote of members on commission actions;
  129         providing for reimbursement for per diem and travel
  130         expenses; revising provisions relating to the
  131         commission’s powers and duties; requiring that the
  132         commission, in cooperation with interested state
  133         agencies, local governments, and nongovernmental
  134         stakeholders, develop a strategic plan and submit the
  135         plan to the Governor and the Legislature by a
  136         specified date; requiring that the commission also
  137         submit progress reports by specified dates; requiring
  138         that the commission make presentations to the Governor
  139         and the Legislature; providing that an executive
  140         director be appointed by the Secretary of Community
  141         Affairs and ratified by the commission; requiring that
  142         the Department of Community Affairs provide a specific
  143         line item in its annual legislative budget request to
  144         fund the commission during a specified period;
  145         authorizing the department to obtain additional
  146         funding through external grants; requiring that the
  147         department provide sufficient funding and staff
  148         support to assist the commission in its duties;
  149         providing for future expiration and the abolishment of
  150         the commission; creating s. 163.3248, F.S.; providing
  151         for the designation of rural land stewardship areas;
  152         providing purposes and requirements for the
  153         establishment of such areas; providing for the
  154         creation of rural land stewardship overlay zoning
  155         district and transferable rural land use credits;
  156         providing certain limitations relating to such
  157         credits; providing for incentives; providing
  158         legislative intent; amending s. 163.32465, F.S.;
  159         revising legislative findings related to local
  160         government comprehensive planning; revising the
  161         process for amending a comprehensive plan; making the
  162         expedited review process applicable statewide and
  163         removing its status as a pilot program; revising the
  164         process and requirements for expedited review of plan
  165         amendments; amending s. 186.504, F.S.; revising
  166         membership requirements of regional planning councils;
  167         amending s. 367.021, F.S.; providing definitions for
  168         the terms “large landowner” and “need”; amending s.
  169         380.06, F.S.; revising exemptions; revising provisions
  170         to conform to changes made by this act; repealing
  171         rules 9J-5 and 9J-11.023, Florida Administrative Code,
  172         relating to minimum criteria for review of local
  173         government comprehensive plans and plan amendments,
  174         evaluation and appraisal reports, land development
  175         regulations, and determinations of compliance;
  176         amending s. 380.0685, F.S.; revising the uses of the
  177         park admission surcharge; amending ss. 70.51, 163.06,
  178         163.2517, 163.3217, 163.3220, 163.3221, 163.3229,
  179         163.360, 163.516, 171.203, 186.513, 186.515, 189.415,
  180         190.004, 190.005, 193.501, 287.042, 288.063, 288.975,
  181         290.0475, 311.07, 331.319, 339.155, 339.2819, 369.303,
  182         369.321, 378.021, 380.031, 380.061, 380.065, 380.115,
  183         403.50665, 420.9071, 403.973, 420.5095, 420.615,
  184         420.9071, 420.9076, 720.403, 1013.30, and 1013.33,
  185         F.S.; making conforming changes; repealing
  186         administrative rules; expanding a permit extension;
  187         providing a finding of important state interest;
  188         requiring the state land planning agency to review
  189         certain administrative and judicial proceedings;
  190         providing procedures for such review; affirming
  191         statutory construction with respect to other
  192         legislation passed at the same session; providing a
  193         directive of the Division of Statutory Revision;
  194         providing effective dates.
  195  
  196  Be It Enacted by the Legislature of the State of Florida:
  197  
  198         Section 1. Subsection (26) of section 70.51, Florida
  199  Statutes, is amended to read:
  200         70.51 Land use and environmental dispute resolution.—
  201         (26) A special magistrate’s recommendation under this
  202  section constitutes data in support of, and a support document
  203  for, a comprehensive plan or comprehensive plan amendment, but
  204  is not, in and of itself, dispositive of a determination of
  205  compliance with chapter 163. Any comprehensive plan amendment
  206  necessary to carry out the approved recommendation of a special
  207  magistrate under this section is exempt from the twice-a-year
  208  limit on plan amendments and may be adopted by the local
  209  government amendments in s. 163.3184(16)(d).
  210         Section 2. Paragraphs (h) through (l) of subsection (3) of
  211  section 163.06, Florida Statutes, are redesignated as paragraphs
  212  (g) through (k), respectively, and present paragraph (g) of that
  213  subsection is amended to read:
  214         163.06 Miami River Commission.—
  215         (3) The policy committee shall have the following powers
  216  and duties:
  217         (g) Coordinate a joint planning area agreement between the
  218  Department of Community Affairs, the city, and the county under
  219  the provisions of s. 163.3177(11)(a), (b), and (c).
  220         Section 3. Subsection (4) of section 163.2517, Florida
  221  Statutes, is amended to read:
  222         163.2517 Designation of urban infill and redevelopment
  223  area.—
  224         (4) In order for a local government to designate an urban
  225  infill and redevelopment area, it must amend its comprehensive
  226  land use plan under s. 163.3187 to delineate the boundaries of
  227  the urban infill and redevelopment area within the future land
  228  use element of its comprehensive plan pursuant to its adopted
  229  urban infill and redevelopment plan. The state land planning
  230  agency shall review the boundary delineation of the urban infill
  231  and redevelopment area in the future land use element under s.
  232  163.3184. However, an urban infill and redevelopment plan
  233  adopted by a local government is not subject to review for
  234  compliance as defined by s. 163.3184(1)(b), and the local
  235  government is not required to adopt the plan as a comprehensive
  236  plan amendment. An amendment to the local comprehensive plan to
  237  designate an urban infill and redevelopment area is exempt from
  238  the twice-a-year amendment limitation of s. 163.3187.
  239         Section 4. Section 163.3161, Florida Statutes, is amended
  240  to read:
  241         163.3161 Short title; intent and purpose.—
  242         (1) This part shall be known and may be cited as the
  243  “Community Local Government Comprehensive Planning and Land
  244  Development Regulation Act.”
  245         (2) In conformity with, and in furtherance of, the purpose
  246  of the Florida Environmental Land and Water Management Act of
  247  1972, chapter 380, It is the purpose of this act to utilize and
  248  strengthen the existing role, processes, and powers of local
  249  governments in the establishment and implementation of
  250  comprehensive planning programs to guide and manage control
  251  future development consistent with the proper role of local
  252  government.
  253         (3) It is the intent of this act to focus the state role in
  254  managing growth under this act to protecting the functions of
  255  important state resources and facilities.
  256         (4)(3) It is the intent of this act that the ability of its
  257  adoption is necessary so that local governments to can preserve
  258  and enhance present advantages; encourage the most appropriate
  259  use of land, water, and resources, consistent with the public
  260  interest; overcome present handicaps; and deal effectively with
  261  future problems that may result from the use and development of
  262  land within their jurisdictions. Through the process of
  263  comprehensive planning, it is intended that units of local
  264  government can preserve, promote, protect, and improve the
  265  public health, safety, comfort, good order, appearance,
  266  convenience, law enforcement and fire prevention, and general
  267  welfare; prevent the overcrowding of land and avoid undue
  268  concentration of population; facilitate the adequate and
  269  efficient provision of transportation, water, sewerage, schools,
  270  parks, recreational facilities, housing, and other requirements
  271  and services; and conserve, develop, utilize, and protect
  272  natural resources within their jurisdictions.
  273         (5)(4) It is the intent of this act to encourage and ensure
  274  assure cooperation between and among municipalities and counties
  275  and to encourage and assure coordination of planning and
  276  development activities of units of local government with the
  277  planning activities of regional agencies and state government in
  278  accord with applicable provisions of law.
  279         (6)(5) It is the intent of this act that adopted
  280  comprehensive plans shall have the legal status set out in this
  281  act and that no public or private development shall be permitted
  282  except in conformity with comprehensive plans, or elements or
  283  portions thereof, prepared and adopted in conformity with this
  284  act.
  285         (7)(6) It is the intent of this act that the activities of
  286  units of local government in the preparation and adoption of
  287  comprehensive plans, or elements or portions therefor, shall be
  288  conducted in conformity with the provisions of this act.
  289         (8)(7) The provisions of this act in their interpretation
  290  and application are declared to be the minimum requirements
  291  necessary to accomplish the stated intent, purposes, and
  292  objectives of this act; to protect human, environmental, social,
  293  and economic resources; and to maintain, through orderly growth
  294  and development, the character and stability of present and
  295  future land use and development in this state.
  296         (9)(8) It is the intent of the Legislature that the repeal
  297  of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
  298  of Florida, and amendments to this part by this chapter law,
  299  shall not be interpreted to limit or restrict the powers of
  300  municipal or county officials, but shall be interpreted as a
  301  recognition of their broad statutory and constitutional powers
  302  to plan for and regulate the use of land. It is, further, the
  303  intent of the Legislature to reconfirm that ss. 163.3161 through
  304  163.3248 163.3215 have provided and do provide the necessary
  305  statutory direction and basis for municipal and county officials
  306  to carry out their comprehensive planning and land development
  307  regulation powers, duties, and responsibilities.
  308         (10)(9) It is the intent of the Legislature that all
  309  governmental entities in this state recognize and respect
  310  judicially acknowledged or constitutionally protected private
  311  property rights. It is the intent of the Legislature that all
  312  rules, ordinances, regulations, and programs adopted under the
  313  authority of this act must be developed, promulgated,
  314  implemented, and applied with sensitivity for private property
  315  rights and not be unduly restrictive, and property owners must
  316  be free from actions by others which would harm their property.
  317  Full and just compensation or other appropriate relief must be
  318  provided to any property owner for a governmental action that is
  319  determined to be an invalid exercise of the police power which
  320  constitutes a taking, as provided by law. Any such relief must
  321  be determined in a judicial action.
  322         (11) It is the intent of this part that the traditional
  323  economic base of this state, agriculture, tourism, and military
  324  presence, be recognized and protected. Further, it is the intent
  325  of this part to encourage economic diversification, workforce
  326  development, and community planning.
  327         (12) It is the intent of this part that new statutory
  328  requirements created by the Legislature will not require a local
  329  government whose plan has been found to be in compliance with
  330  this part to adopt amendments implementing the new statutory
  331  requirements until the evaluation and appraisal period provided
  332  in s. 163.3191, unless otherwise specified in law. However, any
  333  new amendments must comply with the requirements of this part.
  334         Section 5. Subsections (2) through (5) of section 163.3162,
  335  Florida Statutes, are renumbered as subsections (1) through (4),
  336  respectively, and present subsections (1) and (5) of that
  337  section are amended to read:
  338         163.3162 Agricultural Lands and Practices Act.—
  339         (1) SHORT TITLE.—This section may be cited as the
  340  “Agricultural Lands and Practices Act.”
  341         (4)(5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.
  342  The owner of a parcel of land defined as an agricultural enclave
  343  under s. 163.3164(33) may apply for an amendment to the local
  344  government comprehensive plan pursuant to s. 163.3184 163.3187.
  345  Such amendment is presumed not to be urban sprawl as defined in
  346  s. 163.3164 if it includes consistent with rule 9J-5.006(5),
  347  Florida Administrative Code, and may include land uses and
  348  intensities of use that are consistent with the uses and
  349  intensities of use of existing or authorized for the industrial,
  350  commercial, or residential areas that surround the parcel. This
  351  presumption may be rebutted only by clear and convincing
  352  evidence. Each application for a comprehensive plan amendment
  353  under this subsection for a parcel larger than 640 acres must
  354  include appropriate new urbanism concepts such as clustering,
  355  mixed-use development, the creation of rural village and city
  356  centers, and the transfer of development rights in order to
  357  discourage urban sprawl while protecting landowner rights.
  358         (a) Unless the parcel of land that is the subject of an
  359  application for an amendment is abutted by only one land use
  360  designation the local government and the land owner of a parcel
  361  of land that is the subject of an application for an amendment
  362  shall have 180 days following the date that the local government
  363  receives a complete application to negotiate in good faith to
  364  reach consensus on the land uses and intensities of use that are
  365  consistent with the uses and intensities of use of the
  366  industrial, commercial, or residential areas that surround the
  367  parcel. Within 30 days after the local government’s receipt of
  368  such an application, the local government and owner must agree
  369  in writing to a schedule for information submittal, public
  370  hearings, negotiations, and final action on the amendment, which
  371  schedule may thereafter be altered only with the written consent
  372  of the local government and the owner. Compliance with the
  373  schedule in the written agreement constitutes good faith
  374  negotiations for purposes of paragraph (c). If the parcel is
  375  abutted by only one land use designation, it shall be presumed
  376  that the same land use designation is appropriate for the parcel
  377  and no negotiation is required.
  378         (b) Upon conclusion of good faith negotiations under
  379  paragraph (a), if such negotiations are required, and regardless
  380  of whether the local government and owner reach consensus on the
  381  land uses and intensities of use that are consistent with the
  382  uses and intensities of use of the industrial, commercial, or
  383  residential areas that surround the parcel, the amendment must
  384  be transmitted to the state land planning agency for review
  385  pursuant to s. 163.3184. If the local government fails to
  386  transmit the amendment within 180 days after receipt of a
  387  complete application, the amendment must be immediately
  388  transferred to the state land planning agency for such review at
  389  the first available transmittal cycle. A plan amendment
  390  transmitted to the state land planning agency submitted under
  391  this subsection is presumed not to be urban sprawl as defined in
  392  s. 163.3164 consistent with rule 9J-5.006(5), Florida
  393  Administrative Code. This presumption may be rebutted only by
  394  clear and convincing evidence.
  395         (c) If the owner fails to negotiate in good faith, a plan
  396  amendment submitted under this subsection is not entitled to the
  397  rebuttable presumption under this subsection in the negotiation
  398  and amendment process.
  399         (d) Nothing within this subsection relating to agricultural
  400  enclaves shall preempt or replace any protection currently
  401  existing for any property located within the boundaries of the
  402  following areas:
  403         1. The Wekiva Study Area, as described in s. 369.316; or
  404         2. The Everglades Protection Area, as defined in s.
  405  373.4592(2).
  406         Section 6. Section 163.3164, Florida Statutes, is reordered
  407  and amended to read:
  408         163.3164 Community Local Government Comprehensive Planning
  409  and Land Development Regulation Act; definitions.—As used in
  410  this act, the term:
  411         (1) “Adaptation action area” or “adaptation area” means a
  412  designation in the coastal management element of a local
  413  government’s comprehensive plan which identifies one or more
  414  areas that experience coastal flooding due to extreme high tides
  415  and storm surge, and that are vulnerable to the related impacts
  416  of rising sea levels for the purpose of prioritizing funding for
  417  infrastructure needs and adaptation planning.
  418         (2)(1) “Administration Commission” means the Governor and
  419  the Cabinet, and for purposes of this chapter the commission
  420  shall act on a simple majority vote, except that for purposes of
  421  imposing the sanctions provided in s. 163.3184(11), affirmative
  422  action shall require the approval of the Governor and at least
  423  three other members of the commission.
  424         (3) “Affordable housing” has the same meaning as in s.
  425  420.0004(3).
  426         (5) “Antiquated subdivision” means a subdivision that was
  427  recorded or approved more than 20 years ago and that has
  428  substantially failed to be built and the continued buildout of
  429  the subdivision in accordance with the subdivision’s zoning and
  430  land use purposes would cause an imbalance of land uses and
  431  would be detrimental to the local and regional economies and
  432  environment, hinder current planning practices, and lead to
  433  inefficient and fiscally irresponsible development patterns as
  434  determined by the respective jurisdiction in which the
  435  subdivision is located.
  436         (6)(2) “Area” or “area of jurisdiction” means the total
  437  area qualifying under the provisions of this act, whether this
  438  be all of the lands lying within the limits of an incorporated
  439  municipality, lands in and adjacent to incorporated
  440  municipalities, all unincorporated lands within a county, or
  441  areas comprising combinations of the lands in incorporated
  442  municipalities and unincorporated areas of counties.
  443         (7) “Capital improvement” means physical assets constructed
  444  or purchased to provide, improve, or replace a public facility
  445  and which are typically large scale and high in cost. The cost
  446  of a capital improvement is generally nonrecurring and may
  447  require multiyear financing. For the purposes of this part,
  448  physical assets that have been identified as existing or
  449  projected needs in the individual comprehensive plan elements
  450  shall be considered capital improvements.
  451         (8)(3) “Coastal area” means the 35 coastal counties and all
  452  coastal municipalities within their boundaries designated
  453  coastal by the state land planning agency.
  454         (9) “Compatibility” means a condition in which land uses or
  455  conditions can coexist in relative proximity to each other in a
  456  stable fashion over time such that no use or condition is unduly
  457  negatively impacted directly or indirectly by another use or
  458  condition.
  459         (10)(4) “Comprehensive plan” means a plan that meets the
  460  requirements of ss. 163.3177 and 163.3178.
  461         (11) “Deepwater ports” means the ports identified in s.
  462  403.021(9).
  463         (12) “Density” means an objective measurement of the number
  464  of people or residential units allowed per unit of land, such as
  465  residents or employees per acre.
  466         (13)(5) “Developer” means any person, including a
  467  governmental agency, undertaking any development as defined in
  468  this act.
  469         (14)(6) “Development” has the same meaning as given it in
  470  s. 380.04.
  471         (15)(7) “Development order” means any order granting,
  472  denying, or granting with conditions an application for a
  473  development permit.
  474         (16)(8) “Development permit” includes any building permit,
  475  zoning permit, subdivision approval, rezoning, certification,
  476  special exception, variance, or any other official action of
  477  local government having the effect of permitting the development
  478  of land.
  479         (18) “Floodprone areas” means areas inundated during a 100
  480  year flood event or areas identified by the National Flood
  481  Insurance Program as an A Zone on flood insurance rate maps or
  482  flood hazard boundary maps.
  483         (19) “Goal” means the long-term end toward which programs
  484  or activities are ultimately directed.
  485         (20)(9) “Governing body” means the board of county
  486  commissioners of a county, the commission or council of an
  487  incorporated municipality, or any other chief governing body of
  488  a unit of local government, however designated, or the
  489  combination of such bodies where joint utilization of the
  490  provisions of this act is accomplished as provided herein.
  491         (21)(10) “Governmental agency” means:
  492         (a) The United States or any department, commission,
  493  agency, or other instrumentality thereof.
  494         (b) This state or any department, commission, agency, or
  495  other instrumentality thereof.
  496         (c) Any local government, as defined in this section, or
  497  any department, commission, agency, or other instrumentality
  498  thereof.
  499         (d) Any school board or other special district, authority,
  500  or governmental entity.
  501         (22) “Intensity” means an objective measurement of the
  502  extent to which land may be developed or used, including the
  503  consumption or use of the space above, on, or below ground; the
  504  measurement of the use of or demand on natural resources; and
  505  the measurement of the use of or demand on facilities and
  506  services.
  507         (23) “Internal trip capture” means trips generated by a
  508  mixed-use project which travel from one on-site land use to
  509  another on-site land use without using the external road
  510  network.
  511         (24)(11) “Land” means the earth, water, and air, above,
  512  below, or on the surface, and includes any improvements or
  513  structures customarily regarded as land.
  514         (27)(12) “Land use” means the development that has occurred
  515  on the land, the development that is proposed by a developer on
  516  the land, or the use that is permitted or permissible on the
  517  land under an adopted comprehensive plan or element or portion
  518  thereof, land development regulations, or a land development
  519  code, as the context may indicate.
  520         (28) “Level of service” means an indicator of the extent or
  521  degree of service provided by, or proposed to be provided by, a
  522  facility based on and related to the operational characteristics
  523  of the facility. Level of service shall indicate the capacity
  524  per unit of demand for each public facility.
  525         (29)(13) “Local government” means any county or
  526  municipality.
  527         (30)(14) “Local planning agency” means the agency
  528  designated to prepare the comprehensive plan or plan amendments
  529  required by this act.
  530         (31) “Mobility plan” means an integrated land use and
  531  transportation plan that promotes compact, mixed-use, and
  532  interconnected development served by a multimodal transportation
  533  system that includes roads, bicycle and pedestrian facilities,
  534  and, where feasible and appropriate, frequent transit and rail
  535  service, to provide individuals with viable transportation
  536  options without sole reliance upon a motor vehicle for personal
  537  mobility.
  538         (32)(15)A “Newspaper of general circulation” means a
  539  newspaper published at least on a weekly basis and printed in
  540  the language most commonly spoken in the area within which it
  541  circulates, but does not include a newspaper intended primarily
  542  for members of a particular professional or occupational group,
  543  a newspaper whose primary function is to carry legal notices, or
  544  a newspaper that is given away primarily to distribute
  545  advertising.
  546         (33) “New town” means an urban activity center and
  547  community designated on the future land use map of sufficient
  548  size, population and land use composition to support a variety
  549  of economic and social activities consistent with an urban area
  550  designation. New towns shall include basic economic activities;
  551  all major land use categories, with the possible exception of
  552  agricultural and industrial; and a centrally provided full range
  553  of public facilities and services that demonstrate internal trip
  554  capture. A new town shall be based on a master development plan.
  555         (34) “Objective” means a specific, measurable, intermediate
  556  end that is achievable and marks progress toward a goal.
  557         (35)(16) “Parcel of land” means any quantity of land
  558  capable of being described with such definiteness that its
  559  locations and boundaries may be established, which is designated
  560  by its owner or developer as land to be used, or developed as, a
  561  unit or which has been used or developed as a unit.
  562         (36)(17) “Person” means an individual, corporation,
  563  governmental agency, business trust, estate, trust, partnership,
  564  association, two or more persons having a joint or common
  565  interest, or any other legal entity.
  566         (39) “Policy” means the way in which programs and
  567  activities are conducted to achieve an identified goal.
  568         (40)(18) “Public notice” means notice as required by s.
  569  125.66(2) for a county or by s. 166.041(3)(a) for a
  570  municipality. The public notice procedures required in this part
  571  are established as minimum public notice procedures.
  572         (41)(19) “Regional planning agency” means the council
  573  created pursuant to chapter 186 agency designated by the state
  574  land planning agency to exercise responsibilities under law in a
  575  particular region of the state.
  576         (42) “Seasonal population” means part-time inhabitants who
  577  use, or may be expected to use, public facilities or services,
  578  but are not residents and includes tourists, migrant
  579  farmworkers, and other short-term and long-term visitors.
  580         (44)(20) “State land planning agency” means the Department
  581  of Community Affairs.
  582         (45)(21) “Structure” has the same meaning as in given it by
  583  s. 380.031(19).
  584         (46) “Suitability” means the degree to which the existing
  585  characteristics and limitations of land and water are compatible
  586  with a proposed use or development.
  587         (47) “Transit-oriented development” means a project or
  588  projects, in areas identified in a local government
  589  comprehensive plan, which are or will be served by existing or
  590  planned transit service. These designated areas shall be
  591  compact, moderate to high density developments, of mixed-use
  592  character, interconnected with other land uses, bicycle and
  593  pedestrian friendly, and designed to support frequent transit
  594  service operating through, collectively or separately, rail,
  595  fixed guideway, streetcar, or bus systems on dedicated
  596  facilities or available roadway connections.
  597         (25)(22) “Land development regulation commission” means a
  598  commission designated by a local government to develop and
  599  recommend, to the local governing body, land development
  600  regulations that which implement the adopted comprehensive plan
  601  and to review land development regulations, or amendments
  602  thereto, for consistency with the adopted plan and report to the
  603  governing body regarding its findings. The responsibilities of
  604  the land development regulation commission may be performed by
  605  the local planning agency.
  606         (26)(23) “Land development regulations” means ordinances
  607  enacted by governing bodies for the regulation of any aspect of
  608  development and includes any local government zoning, rezoning,
  609  subdivision, building construction, or sign regulations or any
  610  other regulations controlling the development of land, except
  611  that this definition shall not apply in s. 163.3213.
  612         (39)(24) “Public facilities” means major capital
  613  improvements, including , but not limited to, transportation,
  614  sanitary sewer, solid waste, drainage, potable water,
  615  educational, parks and recreational, and health systems and
  616  facilities, and spoil disposal sites for maintenance dredging
  617  located in the intracoastal waterways, except for spoil disposal
  618  sites owned or used by ports listed in s. 403.021(9)(b).
  619         (17)(25) “Downtown revitalization” means the physical and
  620  economic renewal of a central business district of a community
  621  as designated by local government, and includes both downtown
  622  development and redevelopment.
  623         (50)(26) “Urban redevelopment” means demolition and
  624  reconstruction or substantial renovation of existing buildings
  625  or infrastructure within urban infill areas, existing urban
  626  service areas, or community redevelopment areas created pursuant
  627  to part III.
  628         (49)(27) “Urban infill” means the development of vacant
  629  parcels in otherwise built-up areas where public facilities such
  630  as sewer systems, roads, schools, and recreation areas are
  631  already in place and the average residential density is at least
  632  five dwelling units per acre, the average nonresidential
  633  intensity is at least a floor area ratio of 1.0 and vacant,
  634  developable land does not constitute more than 10 percent of the
  635  area.
  636         (38)(28) “Projects that promote public transportation”
  637  means projects that directly affect the provisions of public
  638  transit, including transit terminals, transit lines and routes,
  639  separate lanes for the exclusive use of public transit services,
  640  transit stops (shelters and stations), office buildings or
  641  projects that include fixed-rail or transit terminals as part of
  642  the building, and projects that which are transit oriented and
  643  designed to complement reasonably proximate planned or existing
  644  public facilities.
  645         (51)(29) “Urban service area” means built-up areas
  646  identified in the comprehensive plan where public facilities and
  647  services, including, but not limited to, central water and sewer
  648  capacity and roads, are already in place or are identified in
  649  the capital improvements element. Urban service area includes
  650  any areas identified in the comprehensive plan as urban service
  651  areas, regardless of local government limitation. committed in
  652  the first 3 years of the capital improvement schedule. In
  653  addition, for counties that qualify as dense urban land areas
  654  under subsection (34), the nonrural area of a county which has
  655  adopted into the county charter a rural area designation or
  656  areas identified in the comprehensive plan as urban service
  657  areas or urban growth boundaries on or before July 1, 2009, are
  658  also urban service areas under this definition.
  659         (52) “Urban sprawl” means a development pattern
  660  characterized by low density, automobile-dependent development
  661  with either a single use or multiple uses that are not
  662  functionally related, requiring the extension of public
  663  facilities and services in an inefficient manner, and failing to
  664  provide a clear separation between urban and rural uses.
  665         (48)(30) “Transportation corridor management” means the
  666  coordination of the planning of designated future transportation
  667  corridors with land use planning within and adjacent to the
  668  corridor to promote orderly growth, to meet the concurrency
  669  requirements of this chapter, and to maintain the integrity of
  670  the corridor for transportation purposes.
  671         (43)(31) “Optional Sector plan” means the an optional
  672  process authorized by s. 163.3245 in which one or more local
  673  governments engage in long-term planning for a large area and by
  674  agreement with the state land planning agency are allowed to
  675  address regional development-of-regional-impact issues through
  676  adoption of detailed specific area plans within the planning
  677  area within certain designated geographic areas identified in
  678  the local comprehensive plan as a means of fostering innovative
  679  planning and development strategies in s. 163.3177(11)(a) and
  680  (b), furthering the purposes of this part and part I of chapter
  681  380, reducing overlapping data and analysis requirements,
  682  protecting regionally significant resources and facilities, and
  683  addressing extrajurisdictional impacts. “Sector plan” includes
  684  an optional sector plan that was adopted pursuant to the
  685  Optional Sector Plan Pilot Program.
  686         (32) “Financial feasibility” means that sufficient revenues
  687  are currently available or will be available from committed
  688  funding sources for the first 3 years, or will be available from
  689  committed or planned funding sources for years 4 and 5, of a 5
  690  year capital improvement schedule for financing capital
  691  improvements, such as ad valorem taxes, bonds, state and federal
  692  funds, tax revenues, impact fees, and developer contributions,
  693  which are adequate to fund the projected costs of the capital
  694  improvements identified in the comprehensive plan necessary to
  695  ensure that adopted level-of-service standards are achieved and
  696  maintained within the period covered by the 5-year schedule of
  697  capital improvements. A comprehensive plan shall be deemed
  698  financially feasible for transportation and school facilities
  699  throughout the planning period addressed by the capital
  700  improvements schedule if it can be demonstrated that the level
  701  of-service standards will be achieved and maintained by the end
  702  of the planning period even if in a particular year such
  703  improvements are not concurrent as required by s. 163.3180.
  704         (4)(33) “Agricultural enclave” means an unincorporated,
  705  undeveloped parcel that:
  706         (a) Is owned by a single person or entity;
  707         (b) Has been in continuous use for bona fide agricultural
  708  purposes, as defined by s. 193.461, for a period of 5 years
  709  prior to the date of any comprehensive plan amendment
  710  application;
  711         (c)1. Is surrounded on at least 75 percent of its perimeter
  712  by:
  713         a.1. Property that has existing industrial, commercial, or
  714  residential development; or
  715         b.2. Property that the local government has designated, in
  716  the local government’s comprehensive plan, zoning map, and
  717  future land use map, as land that is to be developed for
  718  industrial, commercial, or residential purposes, and at least 75
  719  percent of such property is existing industrial, commercial, or
  720  residential development; or
  721         2. Is surrounded on at least 90 percent of its perimeter by
  722  property that the local government has designated in the local
  723  government’s comprehensive plan and future land use map as land
  724  that is to be developed for industrial, commercial, or
  725  residential purposes; or
  726         3. Is surrounded by existing or authorized residential
  727  development that will result in a density at buildout of at
  728  least 1,000 residents per square mile.
  729         (d) Has public services, including water, wastewater,
  730  transportation, schools, and recreation facilities, available or
  731  such public services are scheduled in the capital improvement
  732  element to be provided by the local government or can be
  733  provided by an alternative provider of local government
  734  infrastructure in order to ensure consistency with applicable
  735  concurrency provisions of s. 163.3180; and
  736         (e) Does not exceed 1,280 acres; however, if the property
  737  meets the criteria in subparagraph (c)3. is surrounded by
  738  existing or authorized residential development that will result
  739  in a density at buildout of at least 1,000 residents per square
  740  mile, then the area shall be determined to be urban and the
  741  parcel may not exceed 4,480 acres.
  742         (34) “Dense urban land area” means:
  743         (a) A municipality that has an average of at least 1,000
  744  people per square mile of land area and a minimum total
  745  population of at least 5,000;
  746         (b) A county, including the municipalities located therein,
  747  which has an average of at least 1,000 people per square mile of
  748  land area; or
  749         (c) A county, including the municipalities located therein,
  750  which has a population of at least 1 million.
  751  
  752  The Office of Economic and Demographic Research within the
  753  Legislature shall annually calculate the population and density
  754  criteria needed to determine which jurisdictions qualify as
  755  dense urban land areas by using the most recent land area data
  756  from the decennial census conducted by the Bureau of the Census
  757  of the United States Department of Commerce and the latest
  758  available population estimates determined pursuant to s.
  759  186.901. If any local government has had an annexation,
  760  contraction, or new incorporation, the Office of Economic and
  761  Demographic Research shall determine the population density
  762  using the new jurisdictional boundaries as recorded in
  763  accordance with s. 171.091. The Office of Economic and
  764  Demographic Research shall submit to the state land planning
  765  agency a list of jurisdictions that meet the total population
  766  and density criteria necessary for designation as a dense urban
  767  land area by July 1, 2009, and every year thereafter. The state
  768  land planning agency shall publish the list of jurisdictions on
  769  its Internet website within 7 days after the list is received.
  770  The designation of jurisdictions that qualify or do not qualify
  771  as a dense urban land area is effective upon publication on the
  772  state land planning agency’s Internet website.
  773         Section 7. Section 163.3167, Florida Statutes, is amended
  774  to read:
  775         163.3167 Scope of act.—
  776         (1) The several incorporated municipalities and counties
  777  shall have power and responsibility:
  778         (a) To plan for their future development and growth.
  779         (b) To adopt and amend comprehensive plans, or elements or
  780  portions thereof, to guide their future development and growth.
  781         (c) To implement adopted or amended comprehensive plans by
  782  the adoption of appropriate land development regulations or
  783  elements thereof.
  784         (d) To establish, support, and maintain administrative
  785  instruments and procedures to carry out the provisions and
  786  purposes of this act.
  787  
  788  The powers and authority set out in this act may be employed by
  789  municipalities and counties individually or jointly by mutual
  790  agreement in accord with the provisions of this act and in such
  791  combinations as their common interests may dictate and require.
  792         (2) Each local government shall maintain prepare a
  793  comprehensive plan of the type and in the manner set out in this
  794  part or prepare amendments to its existing comprehensive plan to
  795  conform it to the requirements of this part and in the manner
  796  set out in this part. In accordance with s. 163.3184, each local
  797  government shall submit to the state land planning agency its
  798  complete proposed comprehensive plan or its complete
  799  comprehensive plan as proposed to be amended.
  800         (3) When a local government has not prepared all of the
  801  required elements or has not amended its plan as required by
  802  subsection (2), the regional planning agency having
  803  responsibility for the area in which the local government lies
  804  shall prepare and adopt by rule, pursuant to chapter 120, the
  805  missing elements or adopt by rule amendments to the existing
  806  plan in accordance with this act by July 1, 1989, or within 1
  807  year after the dates specified or provided in subsection (2) and
  808  the state land planning agency review schedule, whichever is
  809  later. The regional planning agency shall provide at least 90
  810  days’ written notice to any local government whose plan it is
  811  required by this subsection to prepare, prior to initiating the
  812  planning process. At least 90 days before the adoption by the
  813  regional planning agency of a comprehensive plan, or element or
  814  portion thereof, pursuant to this subsection, the regional
  815  planning agency shall transmit a copy of the proposed
  816  comprehensive plan, or element or portion thereof, to the local
  817  government and the state land planning agency for written
  818  comment. The state land planning agency shall review and comment
  819  on such plan, or element or portion thereof, in accordance with
  820  s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
  821  applicable to the regional planning agency as if it were a
  822  governing body. Existing comprehensive plans shall remain in
  823  effect until they are amended pursuant to subsection (2), this
  824  subsection, s. 163.3187, or s. 163.3189.
  825         (3)(4) A municipality established after the effective date
  826  of this act shall, within 1 year after incorporation, establish
  827  a local planning agency, pursuant to s. 163.3174, and prepare
  828  and adopt a comprehensive plan of the type and in the manner set
  829  out in this act within 3 years after the date of such
  830  incorporation. A county comprehensive plan shall be deemed
  831  controlling until the municipality adopts a comprehensive plan
  832  in accord with the provisions of this act. If, upon the
  833  expiration of the 3-year time limit, the municipality has not
  834  adopted a comprehensive plan, the regional planning agency shall
  835  prepare and adopt a comprehensive plan for such municipality.
  836         (4)(5) Any comprehensive plan, or element or portion
  837  thereof, adopted pursuant to the provisions of this act, which
  838  but for its adoption after the deadlines established pursuant to
  839  previous versions of this act would have been valid, shall be
  840  valid.
  841         (6) When a regional planning agency is required to prepare
  842  or amend a comprehensive plan, or element or portion thereof,
  843  pursuant to subsections (3) and (4), the regional planning
  844  agency and the local government may agree to a method of
  845  compensating the regional planning agency for any verifiable,
  846  direct costs incurred. If an agreement is not reached within 6
  847  months after the date the regional planning agency assumes
  848  planning responsibilities for the local government pursuant to
  849  subsections (3) and (4) or by the time the plan or element, or
  850  portion thereof, is completed, whichever is earlier, the
  851  regional planning agency shall file invoices for verifiable,
  852  direct costs involved with the governing body. Upon the failure
  853  of the local government to pay such invoices within 90 days, the
  854  regional planning agency may, upon filing proper vouchers with
  855  the Chief Financial Officer, request payment by the Chief
  856  Financial Officer from unencumbered revenue or other tax sharing
  857  funds due such local government from the state for work actually
  858  performed, and the Chief Financial Officer shall pay such
  859  vouchers; however, the amount of such payment shall not exceed
  860  50 percent of such funds due such local government in any one
  861  year.
  862         (7) A local government that is being requested to pay costs
  863  may seek an administrative hearing pursuant to ss. 120.569 and
  864  120.57 to challenge the amount of costs and to determine if the
  865  statutory prerequisites for payment have been complied with.
  866  Final agency action shall be taken by the state land planning
  867  agency. Payment shall be withheld as to disputed amounts until
  868  proceedings under this subsection have been completed.
  869         (5)(8) Nothing in this act shall limit or modify the rights
  870  of any person to complete any development that has been
  871  authorized as a development of regional impact pursuant to
  872  chapter 380 or who has been issued a final local development
  873  order and development has commenced and is continuing in good
  874  faith.
  875         (6)(9) The Reedy Creek Improvement District shall exercise
  876  the authority of this part as it applies to municipalities,
  877  consistent with the legislative act under which it was
  878  established, for the total area under its jurisdiction.
  879         (7)(10) Nothing in this part shall supersede any provision
  880  of ss. 341.8201-341.842.
  881         (11)Each local government is encouraged to articulate a
  882  vision of the future physical appearance and qualities of its
  883  community as a component of its local comprehensive plan. The
  884  vision should be developed through a collaborative planning
  885  process with meaningful public participation and shall be
  886  adopted by the governing body of the jurisdiction. Neighboring
  887  communities, especially those sharing natural resources or
  888  physical or economic infrastructure, are encouraged to create
  889  collective visions for greater-than-local areas. Such collective
  890  visions shall apply in each city or county only to the extent
  891  that each local government chooses to make them applicable. The
  892  state land planning agency shall serve as a clearinghouse for
  893  creating a community vision of the future and may utilize the
  894  Growth Management Trust Fund, created by s. 186.911, to provide
  895  grants to help pay the costs of local visioning programs. When a
  896  local vision of the future has been created, a local government
  897  should review its comprehensive plan, land development
  898  regulations, and capital improvement program to ensure that
  899  these instruments will help to move the community toward its
  900  vision in a manner consistent with this act and with the state
  901  comprehensive plan. A local or regional vision must be
  902  consistent with the state vision, when adopted, and be
  903  internally consistent with the local or regional plan of which
  904  it is a component. The state land planning agency shall not
  905  adopt minimum criteria for evaluating or judging the form or
  906  content of a local or regional vision.
  907         (8)(12) An initiative or referendum process in regard to
  908  any development order or in regard to any local comprehensive
  909  plan amendment or map amendment that affects five or fewer
  910  parcels of land is prohibited. A local government may not adopt
  911  any super majority voting requirement for the adoption of
  912  amendments to the comprehensive plan.
  913         (9)(13) Each local government shall address in its
  914  comprehensive plan, as enumerated in this chapter, the water
  915  supply sources necessary to meet and achieve the existing and
  916  projected water use demand for the established planning period,
  917  considering the applicable plan developed pursuant to s.
  918  373.709.
  919         (10)(14)(a) If a local government grants a development
  920  order pursuant to its adopted land development regulations and
  921  the order is not the subject of a pending appeal and the
  922  timeframe for filing an appeal has expired, the development
  923  order may not be invalidated by a subsequent judicial
  924  determination that such land development regulations, or any
  925  portion thereof that is relevant to the development order, are
  926  invalid because of a deficiency in the approval standards.
  927         (b) This subsection does not preclude or affect the timely
  928  institution of any other remedy available at law or equity,
  929  including a common law writ of certiorari proceeding pursuant to
  930  Rule 9.190, Florida Rules of Appellate Procedure, or an original
  931  proceeding pursuant to s. 163.3215, as applicable.
  932         (c) This subsection applies retroactively to any
  933  development order granted on or after January 1, 2002.
  934         (11) A local government shall process and review
  935  applications for development orders, including zoning and other
  936  land use approvals, based on the comprehensive plan, zoning and
  937  land use code, and regulations in effect at the time each
  938  respective application is filed, except if:
  939         (a) The local government can demonstrate that the
  940  ordinance, rule, or regulation in effect when the application
  941  was filed would create an immediate and imminent threat to the
  942  public safety or health; or
  943         (b) The application was not filed in good faith in an
  944  effort to avoid an amendment to the comprehensive plan after the
  945  local government has declared publicly its intent to amend the
  946  comprehensive plan prior to the filing of the application.
  947         Section 8. Section 163.3168, Florida Statutes, is created
  948  to read:
  949         163.3168 Planning innovations and technical assistance.—
  950         (1) The Legislature recognizes the need for innovative
  951  planning and development strategies to promote a diverse economy
  952  and vibrant rural and urban communities, while protecting
  953  environmentally sensitive areas. The Legislature further
  954  recognizes the substantial advantages of innovative approaches
  955  to development directed to meet the needs of urban, rural, and
  956  suburban areas.
  957         (2) Local governments are encouraged to apply innovative
  958  planning tools, including, but not limited to, visioning, sector
  959  planning, and rural land stewardship area designations to
  960  address future new development areas, urban service area
  961  designations, urban growth boundaries, and mixed-use, high
  962  density development in urban areas.
  963         (3) The state land planning agency shall help communities
  964  find creative solutions to fostering vibrant, healthy
  965  communities, while protecting the functions of important state
  966  resources and facilities. The state land planning agency and all
  967  other appropriate state and regional agencies may use various
  968  means to provide direct and indirect technical assistance within
  969  available resources. If plan amendments may adversely impact
  970  important state resources or facilities, upon request by the
  971  local government, the state land planning agency shall
  972  coordinate multiagency assistance, if needed, in developing an
  973  amendment to minimize impacts on such resources or facilities.
  974         Section 9. Subsection (4) of section 163.3171, Florida
  975  Statutes, is amended to read:
  976         163.3171 Areas of authority under this act.—
  977         (4) The state land planning agency and a Local governments
  978  may government shall have the power to enter into agreements
  979  with each other and to agree together to enter into agreements
  980  with a landowner, developer, or governmental agency as may be
  981  necessary or desirable to effectuate the provisions and purposes
  982  of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
  983  and 163.3248. It is the Legislature’s intent that joint
  984  agreements entered into under the authority of this section be
  985  liberally, broadly, and flexibly construed to facilitate
  986  intergovernmental cooperation between cities and counties and to
  987  encourage planning in advance of jurisdictional changes. Joint
  988  agreements, executed before or after the effective date of this
  989  act, include, but are not limited to, agreements that
  990  contemplate municipal adoption of plans or plan amendments for
  991  lands in advance of annexation of such lands into the
  992  municipality, and may permit municipalities and counties to
  993  exercise nonexclusive extrajurisdictional authority within
  994  incorporated and unincorporated areas. The state land planning
  995  agency shall not have authority to interpret, invalidate, or
  996  declare inoperative such joint agreements, and the validity of
  997  joint agreements may not be a basis for finding plans or plan
  998  amendments not in compliance pursuant to the provisions of
  999  chapter law.
 1000         Section 10. Subsection (1) of section 163.3174, Florida
 1001  Statutes, is amended to read:
 1002         163.3174 Local planning agency.—
 1003         (1) The governing body of each local government,
 1004  individually or in combination as provided in s. 163.3171, shall
 1005  designate and by ordinance establish a “local planning agency,”
 1006  unless the agency is otherwise established by law.
 1007  Notwithstanding any special act to the contrary, all local
 1008  planning agencies or equivalent agencies that first review
 1009  rezoning and comprehensive plan amendments in each municipality
 1010  and county shall include a representative of the school district
 1011  appointed by the school board as a nonvoting member of the local
 1012  planning agency or equivalent agency to attend those meetings at
 1013  which the agency considers comprehensive plan amendments and
 1014  rezonings that would, if approved, increase residential density
 1015  on the property that is the subject of the application. However,
 1016  this subsection does not prevent the governing body of the local
 1017  government from granting voting status to the school board
 1018  member. The governing body may designate itself as the local
 1019  planning agency pursuant to this subsection with the addition of
 1020  a nonvoting school board representative. The governing body
 1021  shall notify the state land planning agency of the establishment
 1022  of its local planning agency. All local planning agencies shall
 1023  provide opportunities for involvement by applicable community
 1024  college boards, which may be accomplished by formal
 1025  representation, membership on technical advisory committees, or
 1026  other appropriate means. The local planning agency shall prepare
 1027  the comprehensive plan or plan amendment after hearings to be
 1028  held after public notice and shall make recommendations to the
 1029  governing body regarding the adoption or amendment of the plan.
 1030  The agency may be a local planning commission, the planning
 1031  department of the local government, or other instrumentality,
 1032  including a countywide planning entity established by special
 1033  act or a council of local government officials created pursuant
 1034  to s. 163.02, provided the composition of the council is fairly
 1035  representative of all the governing bodies in the county or
 1036  planning area; however:
 1037         (a) If a joint planning entity is in existence on the
 1038  effective date of this act which authorizes the governing bodies
 1039  to adopt and enforce a land use plan effective throughout the
 1040  joint planning area, that entity shall be the agency for those
 1041  local governments until such time as the authority of the joint
 1042  planning entity is modified by law.
 1043         (b) In the case of chartered counties, the planning
 1044  responsibility between the county and the several municipalities
 1045  therein shall be as stipulated in the charter.
 1046         Section 11. Subsections (6) and (9) of section 163.3175,
 1047  Florida Statutes, are amended to read:
 1048         163.3175 Legislative findings on compatibility of
 1049  development with military installations; exchange of information
 1050  between local governments and military installations.—
 1051         (6) The affected local government shall take into
 1052  consideration any comments provided by the commanding officer or
 1053  his or her designee pursuant to subsection (4) and must also be
 1054  sensitive to private property rights and not be unduly
 1055  restrictive on those rights. The affected local government shall
 1056  forward a copy of any comments regarding comprehensive plan
 1057  amendments to the state land planning agency.
 1058         (9) If a local government, as required under s.
 1059  163.3177(6)(a), does not adopt criteria and address
 1060  compatibility of lands adjacent to or closely proximate to
 1061  existing military installations in its future land use plan
 1062  element by June 30, 2012, the local government, the military
 1063  installation, the state land planning agency, and other parties
 1064  as identified by the regional planning council, including, but
 1065  not limited to, private landowner representatives, shall enter
 1066  into mediation conducted pursuant to s. 186.509. If the local
 1067  government comprehensive plan does not contain criteria
 1068  addressing compatibility by December 31, 2013, the agency may
 1069  notify the Administration Commission. The Administration
 1070  Commission may impose sanctions pursuant to s. 163.3184(11). Any
 1071  local government that amended its comprehensive plan to address
 1072  military installation compatibility requirements after 2004 and
 1073  was found in compliance, is deemed in compliance with the
 1074  provisions of this subsection until the local government
 1075  conducts its evaluation and appraisal review pursuant to s.
 1076  163.3191 and determines that amendments are necessary to meet
 1077  updated statutory requirements.
 1078         Section 12. Section 163.3177, Florida Statutes, is amended
 1079  to read:
 1080         163.3177 Required and optional elements of comprehensive
 1081  plan; studies and surveys.—
 1082         (1) The comprehensive plan shall provide the consist of
 1083  materials in such descriptive form, written or graphic, as may
 1084  be appropriate to the prescription of principles, guidelines,
 1085  and standards, and strategies for the orderly and balanced
 1086  future economic, social, physical, environmental, and fiscal
 1087  development of the area that reflects community commitments to
 1088  implement the plan and its elements. These principles and
 1089  strategies shall guide future decisions in a consistent manner
 1090  and shall contain programs and activities to ensure
 1091  comprehensive plans are implemented. The sections of the
 1092  comprehensive plan containing the principles and strategies,
 1093  generally provided as goals, objectives, and policies, shall
 1094  describe how the local government’s programs, activities, and
 1095  land development regulations will be initiated, modified, or
 1096  continued to implement the comprehensive plan in a consistent
 1097  manner. It is not the intent of this part to require the
 1098  inclusion of implementing regulations in the comprehensive plan
 1099  but rather to require identification of those programs,
 1100  activities, and land development regulations that will be part
 1101  of the strategy for implementing the comprehensive plan and the
 1102  principles that describe how the programs, activities, and land
 1103  development regulations will be carried out. The plan shall
 1104  establish meaningful and predictable standards for the use and
 1105  development of land and provide meaningful guidelines for the
 1106  content of more detailed land development and use regulations.
 1107         (a) The comprehensive plan shall consist of elements as
 1108  described in this section, and may include optional elements.
 1109         (b) A local government may include, as part of its adopted
 1110  plan, documents adopted by reference but not incorporated
 1111  verbatim into the plan. The adoption by reference must identify
 1112  the title and author of the document and indicate clearly what
 1113  provisions and edition of the document is being adopted.
 1114         (c) The format of these principles and guidelines is at the
 1115  discretion of the local government, but typically is expressed
 1116  in goals, objectives, policies, and strategies.
 1117         (d) Proposed elements shall identify procedures for
 1118  monitoring, evaluating, and appraising implementation of the
 1119  plan.
 1120         (e) When a federal, state, or regional agency has
 1121  implemented a regulatory program, a local government is not
 1122  required to duplicate or exceed that regulatory program in its
 1123  local comprehensive plan.
 1124         (f) All mandatory and optional elements of the
 1125  comprehensive plan and plan amendments shall be based upon a
 1126  justification by the local government that may include, but not
 1127  be limited to, surveys, studies, community goals and vision, and
 1128  other data available at the time of adoption of the
 1129  comprehensive plan or plan amendment. To be based on data means
 1130  to react to it in an appropriate way and to the extent necessary
 1131  indicated by the data available on that particular subject at
 1132  the time of adoption of the plan or plan amendment at issue.
 1133         1. Surveys, studies, and data utilized in the preparation
 1134  of the comprehensive plan shall not be deemed a part of the
 1135  comprehensive plan unless adopted as a part of it. Copies of
 1136  such studies, surveys, data, and supporting documents shall be
 1137  made available for public inspection, and copies of such plans
 1138  shall be made available to the public upon payment of reasonable
 1139  charges for reproduction. Support data or summaries shall not be
 1140  subject to the compliance review process, but the comprehensive
 1141  plan must be clearly based on appropriate data. Support data or
 1142  summaries may be used to aid in the determination of compliance
 1143  and consistency.
 1144         2. Data must be taken from professionally accepted sources.
 1145  The application of a methodology utilized in data collection or
 1146  whether a particular methodology is professionally accepted may
 1147  be evaluated. However, the evaluation shall not include whether
 1148  one accepted methodology is better than another. Original data
 1149  collection by local governments is not required. However, local
 1150  governments may use original data so long as methodologies are
 1151  professionally accepted.
 1152         3. The comprehensive plan shall be based upon resident and
 1153  seasonal population estimates and projections, which shall
 1154  either be those provided by the Office of Economic and
 1155  Demographic Research or generated by the local government based
 1156  upon a professionally acceptable methodology.  The plan must be
 1157  based on at least the minimum amount of land required to
 1158  accommodate the medium projections of the Office of Economic and
 1159  Demographic Research unless otherwise limited under s. 380.05
 1160  including related rules of the Administration Commission.
 1161         (2) Coordination of the several elements of the local
 1162  comprehensive plan shall be a major objective of the planning
 1163  process. The several elements of the comprehensive plan shall be
 1164  consistent. Where data is relevant to several elements,
 1165  consistent data shall be used, including population estimates
 1166  and projections unless alternative data can be justified for a
 1167  plan amendment through new supporting data and analysis. Each
 1168  map depicting future conditions must reflect the principles,
 1169  guidelines, and standards within all elements and each such map
 1170  must be contained within the comprehensive plan, and the
 1171  comprehensive plan shall be financially feasible. Financial
 1172  feasibility shall be determined using professionally accepted
 1173  methodologies and applies to the 5-year planning period, except
 1174  in the case of a long-term transportation or school concurrency
 1175  management system, in which case a 10-year or 15-year period
 1176  applies.
 1177         (3)(a) The comprehensive plan shall contain a capital
 1178  improvements element designed to consider the need for and the
 1179  location of public facilities in order to encourage the
 1180  efficient use of such facilities and set forth:
 1181         1. A component that outlines principles for construction,
 1182  extension, or increase in capacity of public facilities, as well
 1183  as a component that outlines principles for correcting existing
 1184  public facility deficiencies, which are necessary to implement
 1185  the comprehensive plan. The components shall cover at least a 5
 1186  year period.
 1187         2. Estimated public facility costs, including a delineation
 1188  of when facilities will be needed, the general location of the
 1189  facilities, and projected revenue sources to fund the
 1190  facilities.
 1191         3. Standards to ensure the availability of public
 1192  facilities and the adequacy of those facilities including
 1193  acceptable levels of service.
 1194         4. Standards for the management of debt.
 1195         4.5.  A schedule of capital improvements which includes any
 1196  publicly funded projects of federal, state, or local government,
 1197  and which may include privately funded projects for which the
 1198  local government has no fiscal responsibility. Projects,
 1199  necessary to ensure that any adopted level-of-service standards
 1200  are achieved and maintained for the 5-year period must be
 1201  identified as either funded or unfunded and given a level of
 1202  priority for funding. For capital improvements that will be
 1203  funded by the developer, financial feasibility shall be
 1204  demonstrated by being guaranteed in an enforceable development
 1205  agreement or interlocal agreement pursuant to paragraph (10)(h),
 1206  or other enforceable agreement. These development agreements and
 1207  interlocal agreements shall be reflected in the schedule of
 1208  capital improvements if the capital improvement is necessary to
 1209  serve development within the 5-year schedule. If the local
 1210  government uses planned revenue sources that require referenda
 1211  or other actions to secure the revenue source, the plan must, in
 1212  the event the referenda are not passed or actions do not secure
 1213  the planned revenue source, identify other existing revenue
 1214  sources that will be used to fund the capital projects or
 1215  otherwise amend the plan to ensure financial feasibility.
 1216         5.6. The schedule must include transportation improvements
 1217  included in the applicable metropolitan planning organization’s
 1218  transportation improvement program adopted pursuant to s.
 1219  339.175(8) to the extent that such improvements are relied upon
 1220  to ensure concurrency or implementation of a mobility plan as
 1221  defined in s. 163.3164 and financial feasibility. The schedule
 1222  must also be coordinated with the applicable metropolitan
 1223  planning organization’s long-range transportation plan adopted
 1224  pursuant to s. 339.175(7).
 1225         (b)1. The capital improvements element must be reviewed by
 1226  the local government on an annual basis. Modifications and
 1227  modified as necessary in accordance with s. 163.3187 or s.
 1228  163.3189 in order to update the maintain a financially feasible
 1229  5-year capital improvement schedule of capital improvements.
 1230  Corrections and modifications concerning costs; revenue sources;
 1231  or acceptance of facilities pursuant to dedications which are
 1232  consistent with the plan may be accomplished by ordinance and
 1233  shall not be deemed to be amendments to the local comprehensive
 1234  plan. A copy of the ordinance shall be transmitted to the state
 1235  land planning agency. An amendment to the comprehensive plan is
 1236  required to update the schedule on an annual basis or to
 1237  eliminate, defer, or delay the construction for any facility
 1238  listed in the 5-year schedule. All public facilities must be
 1239  consistent with the capital improvements element. The annual
 1240  update to the capital improvements element of the comprehensive
 1241  plan need not comply with the financial feasibility requirement
 1242  until December 1, 2011. Thereafter, a local government may not
 1243  amend its future land use map, except for plan amendments to
 1244  meet new requirements under this part and emergency amendments
 1245  pursuant to s. 163.3187(1)(a), after December 1, 2011, and every
 1246  year thereafter, unless and until the local government has
 1247  adopted the annual update and it has been transmitted to the
 1248  state land planning agency.
 1249         2. Capital improvements element amendments adopted after
 1250  the effective date of this act shall require only a single
 1251  public hearing before the governing board which shall be an
 1252  adoption hearing as described in s. 163.3184(7). Such amendments
 1253  are not subject to the requirements of s. 163.3184(3)-(6).
 1254         (c) If the local government does not adopt the required
 1255  annual update to the schedule of capital improvements, the state
 1256  land planning agency must notify the Administration Commission.
 1257  A local government that has a demonstrated lack of commitment to
 1258  meeting its obligations identified in the capital improvements
 1259  element may be subject to sanctions by the Administration
 1260  Commission pursuant to s. 163.3184(11).
 1261         (d) If a local government adopts a long-term concurrency
 1262  management system pursuant to s. 163.3180(9), it must also adopt
 1263  a long-term capital improvements schedule covering up to a 10
 1264  year or 15-year period, and must update the long-term schedule
 1265  annually. The long-term schedule of capital improvements must be
 1266  financially feasible.
 1267         (e) At the discretion of the local government and
 1268  notwithstanding the requirements of this subsection, a
 1269  comprehensive plan, as revised by an amendment to the plan’s
 1270  future land use map, shall be deemed to be financially feasible
 1271  and to have achieved and maintained level-of-service standards
 1272  as required by this section with respect to transportation
 1273  facilities if the amendment to the future land use map is
 1274  supported by a:
 1275         1. Condition in a development order for a development of
 1276  regional impact or binding agreement that addresses
 1277  proportionate-share mitigation consistent with s. 163.3180(12);
 1278  or
 1279         2. Binding agreement addressing proportionate fair-share
 1280  mitigation consistent with s. 163.3180(16)(f) and the property
 1281  subject to the amendment to the future land use map is located
 1282  within an area designated in a comprehensive plan for urban
 1283  infill, urban redevelopment, downtown revitalization, urban
 1284  infill and redevelopment, or an urban service area. The binding
 1285  agreement must be based on the maximum amount of development
 1286  identified by the future land use map amendment or as may be
 1287  otherwise restricted through a special area plan policy or map
 1288  notation in the comprehensive plan.
 1289         (f) A local government’s comprehensive plan and plan
 1290  amendments for land uses within all transportation concurrency
 1291  exception areas that are designated and maintained in accordance
 1292  with s. 163.3180(5) shall be deemed to meet the requirement to
 1293  achieve and maintain level-of-service standards for
 1294  transportation.
 1295         (4)(a) Coordination of the local comprehensive plan with
 1296  the comprehensive plans of adjacent municipalities, the county,
 1297  adjacent counties, or the region; with the appropriate water
 1298  management district’s regional water supply plans approved
 1299  pursuant to s. 373.709; and with adopted rules pertaining to
 1300  designated areas of critical state concern; and with the state
 1301  comprehensive plan shall be a major objective of the local
 1302  comprehensive planning process. To that end, in the preparation
 1303  of a comprehensive plan or element thereof, and in the
 1304  comprehensive plan or element as adopted, the governing body
 1305  shall include a specific policy statement indicating the
 1306  relationship of the proposed development of the area to the
 1307  comprehensive plans of adjacent municipalities, the county,
 1308  adjacent counties, or the region and to the state comprehensive
 1309  plan, as the case may require and as such adopted plans or plans
 1310  in preparation may exist.
 1311         (b) When all or a portion of the land in a local government
 1312  jurisdiction is or becomes part of a designated area of critical
 1313  state concern, the local government shall clearly identify those
 1314  portions of the local comprehensive plan that shall be
 1315  applicable to the critical area and shall indicate the
 1316  relationship of the proposed development of the area to the
 1317  rules for the area of critical state concern.
 1318         (5)(a) Each local government comprehensive plan must
 1319  include at least two planning periods, one covering at least the
 1320  first 5-year period occurring after the plan’s adoption and one
 1321  covering at least a 10-year period. Additional planning periods
 1322  for specific components, elements, land use amendments, or
 1323  projects shall be permissible and accepted as part of the
 1324  planning process.
 1325         (b) The comprehensive plan and its elements shall contain
 1326  guidelines or policies policy recommendations for the
 1327  implementation of the plan and its elements.
 1328         (6) In addition to the requirements of subsections (1)-(5)
 1329  and (12), the comprehensive plan shall include the following
 1330  elements:
 1331         (a) A future land use plan element designating proposed
 1332  future general distribution, location, and extent of the uses of
 1333  land for residential uses, commercial uses, industry,
 1334  agriculture, recreation, conservation, education, public
 1335  buildings and grounds, other public facilities, and other
 1336  categories of the public and private uses of land. The
 1337  approximate acreage and the general range of density or
 1338  intensity of use shall be provided for the gross land area
 1339  included in each existing land use category. The element shall
 1340  establish the long-term end toward which land use programs and
 1341  activities are ultimately directed. Counties are encouraged to
 1342  designate rural land stewardship areas, pursuant to paragraph
 1343  (11)(d), as overlays on the future land use map.
 1344         1. Each future land use category must be defined in terms
 1345  of uses included, and must include standards to be followed in
 1346  the control and distribution of population densities and
 1347  building and structure intensities. The proposed distribution,
 1348  location, and extent of the various categories of land use shall
 1349  be shown on a land use map or map series which shall be
 1350  supplemented by goals, policies, and measurable objectives.
 1351         2. The future land use plan and plan amendments shall be
 1352  based upon surveys, studies, and data regarding the area, as
 1353  applicable, including:
 1354         a. The amount of land required to accommodate anticipated
 1355  growth.;
 1356         b. The projected residential and seasonal population of the
 1357  area.;
 1358         c. The character of undeveloped land.;
 1359         d. The availability of water supplies, public facilities,
 1360  and services.;
 1361         e. The need for redevelopment, including the renewal of
 1362  blighted areas and the elimination of nonconforming uses which
 1363  are inconsistent with the character of the community.;
 1364         f. The compatibility of uses on lands adjacent to or
 1365  closely proximate to military installations.;
 1366         g. The compatibility of uses on lands adjacent to an
 1367  airport as defined in s. 330.35 and consistent with s. 333.02.;
 1368         h. The discouragement of urban sprawl.; energy-efficient
 1369  land use patterns accounting for existing and future electric
 1370  power generation and transmission systems; greenhouse gas
 1371  reduction strategies; and, in rural communities,
 1372         i. The need for job creation, capital investment, and
 1373  economic development that will strengthen and diversify the
 1374  community’s economy.
 1375         j. The need to modify land uses and development patterns
 1376  within antiquated subdivisions. The future land use plan may
 1377  designate areas for future planned development use involving
 1378  combinations of types of uses for which special regulations may
 1379  be necessary to ensure development in accord with the principles
 1380  and standards of the comprehensive plan and this act.
 1381         3. The future land use plan element shall include criteria
 1382  to be used to:
 1383         a. Achieve the compatibility of lands adjacent or closely
 1384  proximate to military installations, considering factors
 1385  identified in s. 163.3175(5)., and
 1386         b. Achieve the compatibility of lands adjacent to an
 1387  airport as defined in s. 330.35 and consistent with s. 333.02.
 1388         c. Encourage preservation of recreational and commercial
 1389  working waterfronts for water dependent uses in coastal
 1390  communities.
 1391         d. Encourage the location of schools proximate to urban
 1392  residential areas to the extent possible.
 1393         e. Coordinate future land uses with the topography and soil
 1394  conditions, and the availability of facilities and services.
 1395         f. Ensure the protection of natural and historic resources.
 1396         g. Provide for the compatibility of adjacent land uses.
 1397         h. Provide guidelines for the implementation of mixed use
 1398  development including the types of uses allowed, the percentage
 1399  distribution among the mix of uses, or other standards, and the
 1400  density and intensity of each use.
 1401         4.In addition, for rural communities, The amount of land
 1402  designated for future planned uses industrial use shall provide
 1403  a balance of uses that foster vibrant, viable communities and
 1404  economic development opportunities and address outdated
 1405  development patterns, such as antiquated subdivisions. The
 1406  amount of land designated for future land uses should allow the
 1407  operation of real estate markets to provide adequate choices for
 1408  permanent and seasonal residents and business and be based upon
 1409  surveys and studies that reflect the need for job creation,
 1410  capital investment, and the necessity to strengthen and
 1411  diversify the local economies, and may not be limited solely by
 1412  the projected population of the rural community. The element
 1413  shall accommodate at least the minimum amount of land required
 1414  to accommodate the medium projections of the Office of Economic
 1415  and Demographic Research at least a 10-year planning period
 1416  unless otherwise limited under s. 380.05 including related rules
 1417  of the Administration Commission.
 1418         5. The future land use plan of a county may also designate
 1419  areas for possible future municipal incorporation.
 1420         6. The land use maps or map series shall generally identify
 1421  and depict historic district boundaries and shall designate
 1422  historically significant properties meriting protection. For
 1423  coastal counties, the future land use element must include,
 1424  without limitation, regulatory incentives and criteria that
 1425  encourage the preservation of recreational and commercial
 1426  working waterfronts as defined in s. 342.07.
 1427         7. The future land use element must clearly identify the
 1428  land use categories in which public schools are an allowable
 1429  use. When delineating the land use categories in which public
 1430  schools are an allowable use, a local government shall include
 1431  in the categories sufficient land proximate to residential
 1432  development to meet the projected needs for schools in
 1433  coordination with public school boards and may establish
 1434  differing criteria for schools of different type or size. Each
 1435  local government shall include lands contiguous to existing
 1436  school sites, to the maximum extent possible, within the land
 1437  use categories in which public schools are an allowable use. The
 1438  failure by a local government to comply with these school siting
 1439  requirements will result in the prohibition of the local
 1440  government’s ability to amend the local comprehensive plan,
 1441  except for plan amendments described in s. 163.3187(1)(b), until
 1442  the school siting requirements are met. Amendments proposed by a
 1443  local government for purposes of identifying the land use
 1444  categories in which public schools are an allowable use are
 1445  exempt from the limitation on the frequency of plan amendments
 1446  contained in s. 163.3187. The future land use element shall
 1447  include criteria that encourage the location of schools
 1448  proximate to urban residential areas to the extent possible and
 1449  shall require that the local government seek to collocate public
 1450  facilities, such as parks, libraries, and community centers,
 1451  with schools to the extent possible and to encourage the use of
 1452  elementary schools as focal points for neighborhoods. For
 1453  schools serving predominantly rural counties, defined as a
 1454  county with a population of 100,000 or fewer, an agricultural
 1455  land use category is eligible for the location of public school
 1456  facilities if the local comprehensive plan contains school
 1457  siting criteria and the location is consistent with such
 1458  criteria.
 1459         8. Future land use map amendments shall be based upon the
 1460  following analyses:
 1461         a. An analysis of the availability of facilities and
 1462  services.
 1463         b. An analysis of the suitability of the plan amendment for
 1464  its proposed use considering the character of the undeveloped
 1465  land, soils, topography, natural resources, and historic
 1466  resources on site.
 1467         c. An analysis of the minimum amount of land needed as
 1468  determined by the local government.
 1469         9. The future land use element and any amendment to the
 1470  future land use element shall discourage the proliferation of
 1471  urban sprawl.
 1472         a. The primary indicators that a plan or plan amendment
 1473  does not discourage the proliferation of urban sprawl are listed
 1474  below. The evaluation of the presence of these indicators shall
 1475  consist of an analysis of the plan or plan amendment within the
 1476  context of features and characteristics unique to each locality
 1477  in order to determine whether the plan or plan amendment:
 1478         (I) Promotes, allows, or designates for development
 1479  substantial areas of the jurisdiction to develop as low
 1480  intensity, low-density, or single-use development or uses.
 1481         (II) Promotes, allows, or designates significant amounts of
 1482  urban development to occur in rural areas at substantial
 1483  distances from existing urban areas while not using undeveloped
 1484  lands that are available and suitable for development.
 1485         (III) Promotes, allows, or designates urban development in
 1486  radial, strip, isolated, or ribbon patterns generally emanating
 1487  from existing urban developments.
 1488         (IV) Fails to adequately protect and conserve natural
 1489  resources, such as wetlands, floodplains, native vegetation,
 1490  environmentally sensitive areas, natural groundwater aquifer
 1491  recharge areas, lakes, rivers, shorelines, beaches, bays,
 1492  estuarine systems, and other significant natural systems.
 1493         (V) Fails to adequately protect adjacent agricultural areas
 1494  and activities, including silviculture, active agricultural and
 1495  silvicultural activities, passive agricultural activities, and
 1496  dormant, unique, and prime farmlands and soils.
 1497         (VI) Fails to maximize use of existing public facilities
 1498  and services.
 1499         (VII) Fails to maximize use of future public facilities and
 1500  services.
 1501         (VIII) Allows for land use patterns or timing which
 1502  disproportionately increase the cost in time, money, and energy
 1503  of providing and maintaining facilities and services, including
 1504  roads, potable water, sanitary sewer, stormwater management, law
 1505  enforcement, education, health care, fire and emergency
 1506  response, and general government.
 1507         (IX) Fails to provide a clear separation between rural and
 1508  urban uses.
 1509         (X) Discourages or inhibits infill development or the
 1510  redevelopment of existing neighborhoods and communities.
 1511         (XI) Fails to encourage a functional mix of uses.
 1512         (XII) Results in poor accessibility among linked or related
 1513  land uses.
 1514         (XIII) Results in the loss of significant amounts of
 1515  functional open space.
 1516         b. The future land use element or plan amendment shall be
 1517  determined to discourage the proliferation of urban sprawl if it
 1518  incorporates a development pattern or urban form that achieves
 1519  four or more of the following:
 1520         (I) Directs or locates economic growth and associated land
 1521  development to geographic areas of the community in a manner
 1522  that does not have an adverse impact on and protects natural
 1523  resources and ecosystems.
 1524         (II) Promotes the efficient and cost-effective provision or
 1525  extension of public infrastructure and services.
 1526         (III) Promotes walkable and connected communities and
 1527  provides for compact development and a mix of uses at densities
 1528  and intensities that will support a range of housing choices and
 1529  a multimodal transportation system, including pedestrian,
 1530  bicycle, and transit, if available.
 1531         (IV) Promotes conservation of water and energy.
 1532         (V) Preserves agricultural areas and activities, including
 1533  silviculture, and dormant, unique, and prime farmlands and
 1534  soils.
 1535         (VI) Preserves open space and natural lands and provides
 1536  for public open space and recreation needs.
 1537         (VII) Creates a balance of land uses based upon demands of
 1538  residential population for the nonresidential needs of an area.
 1539         (VIII) Provides uses, densities, and intensities of use and
 1540  urban form that would remediate an existing or planned
 1541  development pattern in the vicinity that constitutes sprawl or
 1542  if it provides for an innovative development pattern such as
 1543  transit-oriented developments or new towns as defined in s.
 1544  163.3164.
 1545         10. The future land use element shall include a future land
 1546  use map or map series.
 1547         a. The proposed distribution, extent, and location of the
 1548  following uses shall be shown on the future land use map or map
 1549  series:
 1550         (I) Residential.
 1551         (II) Commercial.
 1552         (III) Industrial.
 1553         (IV) Agricultural.
 1554         (V) Recreational.
 1555         (VI) Conservation.
 1556         (VII) Educational.
 1557         (VIII) Public.
 1558         b. The following areas shall also be shown on the future
 1559  land use map or map series, if applicable:
 1560         (I) Historic district boundaries and designated
 1561  historically significant properties.
 1562         (II) Transportation concurrency management area boundaries
 1563  or transportation concurrency exception area boundaries.
 1564         (III) Multimodal transportation district boundaries.
 1565         (IV) Mixed use categories.
 1566         c. The following natural resources or conditions shall be
 1567  shown on the future land use map or map series, if applicable:
 1568         (I) Existing and planned public potable waterwells, cones
 1569  of influence, and wellhead protection areas.
 1570         (II) Beaches and shores, including estuarine systems.
 1571         (III) Rivers, bays, lakes, floodplains, and harbors.
 1572         (IV) Wetlands.
 1573         (V) Minerals and soils.
 1574         (VI) Coastal high-hazard areas.
 1575         11. Local governments required to update or amend their
 1576  comprehensive plan to include criteria and address compatibility
 1577  of lands adjacent or closely proximate to existing military
 1578  installations, or lands adjacent to an airport as defined in s.
 1579  330.35 and consistent with s. 333.02, in their future land use
 1580  plan element shall transmit the update or amendment to the state
 1581  land planning agency by June 30, 2012.
 1582         (b)1. A transportation element addressing mobility issues
 1583  in relationship to the size and character of the local
 1584  government. The purpose of the transportation element shall be
 1585  to plan for a multimodal transportation system that places
 1586  emphasis on public transportation systems, where feasible. The
 1587  element shall provide for a safe, convenient multimodal
 1588  transportation system, coordinated with the future land use map
 1589  or map series and designed to support all elements of the
 1590  comprehensive plan. A local government that has all or part of
 1591  its jurisdiction included within the metropolitan planning area
 1592  of a metropolitan planning organization (M.P.O.) pursuant to s.
 1593  339.175 shall prepare and adopt a transportation element
 1594  consistent with this subsection. Local governments that are not
 1595  located within the metropolitan planning area of an M.P.O. shall
 1596  address traffic circulation, mass transit, and ports, and
 1597  aviation and related facilities consistent with this subsection,
 1598  except that local governments with a population of 50,000 or
 1599  less shall only be required to address transportation
 1600  circulation. The element shall be coordinated with the plans and
 1601  programs of any applicable metropolitan planning organization,
 1602  transportation authority, Florida Transportation Plan, and
 1603  Department of Transportation’s adopted work program. The
 1604  transportation element shall address
 1605         (b) A traffic circulation, including element consisting of
 1606  the types, locations, and extent of existing and proposed major
 1607  thoroughfares and transportation routes, including bicycle and
 1608  pedestrian ways. Transportation corridors, as defined in s.
 1609  334.03, may be designated in the transportation traffic
 1610  circulation element pursuant to s. 337.273. If the
 1611  transportation corridors are designated, the local government
 1612  may adopt a transportation corridor management ordinance. The
 1613  element shall reflect the data, analysis, and associated
 1614  principles and strategies relating to:
 1615         a. The existing transportation system levels of service and
 1616  system needs and the availability of transportation facilities
 1617  and services.
 1618         b. The growth trends and travel patterns and interactions
 1619  between land use and transportation.
 1620         c. Existing and projected intermodal deficiencies and
 1621  needs.
 1622         d. The projected transportation system levels of service
 1623  and system needs based upon the future land use map and the
 1624  projected integrated transportation system.
 1625         e. How the local government will correct existing facility
 1626  deficiencies, meet the identified needs of the projected
 1627  transportation system, and advance the purpose of this paragraph
 1628  and the other elements of the comprehensive plan.
 1629         2. Local governments within a metropolitan planning area
 1630  designated as an M.P.O. pursuant to s. 339.175 shall also
 1631  address:
 1632         a. All alternative modes of travel, such as public
 1633  transportation, pedestrian, and bicycle travel.
 1634         b. Aviation, rail, seaport facilities, access to those
 1635  facilities, and intermodal terminals.
 1636         c. The capability to evacuate the coastal population before
 1637  an impending natural disaster.
 1638         d. Airports, projected airport and aviation development,
 1639  and land use compatibility around airports, which includes areas
 1640  defined in ss. 333.01 and 333.02.
 1641         e. An identification of land use densities, building
 1642  intensities, and transportation management programs to promote
 1643  public transportation systems in designated public
 1644  transportation corridors so as to encourage population densities
 1645  sufficient to support such systems.
 1646         3. Mass-transit provisions showing proposed methods for the
 1647  moving of people, rights-of-way, terminals, and related
 1648  facilities shall address:
 1649         a. The provision of efficient public transit services based
 1650  upon existing and proposed major trip generators and attractors,
 1651  safe and convenient public transit terminals, land uses, and
 1652  accommodation of the special needs of the transportation
 1653  disadvantaged.
 1654         b. Plans for port, aviation, and related facilities
 1655  coordinated with the general circulation and transportation
 1656  element.
 1657         c. Plans for the circulation of recreational traffic,
 1658  including bicycle facilities, exercise trails, riding
 1659  facilities, and such other matters as may be related to the
 1660  improvement and safety of movement of all types of recreational
 1661  traffic.
 1662         4. An airport master plan, and any subsequent amendments to
 1663  the airport master plan, prepared by a licensed publicly owned
 1664  and operated airport under s. 333.06 may be incorporated into
 1665  the local government comprehensive plan by the local government
 1666  having jurisdiction under this act for the area in which the
 1667  airport or projected airport development is located by the
 1668  adoption of a comprehensive plan amendment. In the amendment to
 1669  the local comprehensive plan that integrates the airport master
 1670  plan, the comprehensive plan amendment shall address land use
 1671  compatibility consistent with chapter 333 regarding airport
 1672  zoning; the provision of regional transportation facilities for
 1673  the efficient use and operation of the transportation system and
 1674  airport; consistency with the local government transportation
 1675  circulation element and applicable M.P.O. long-range
 1676  transportation plans; the execution of any necessary interlocal
 1677  agreements for the purposes of the provision of public
 1678  facilities and services to maintain the adopted level-of-service
 1679  standards for facilities subject to concurrency; and may address
 1680  airport-related or aviation-related development. Development or
 1681  expansion of an airport consistent with the adopted airport
 1682  master plan that has been incorporated into the local
 1683  comprehensive plan in compliance with this part, and airport
 1684  related or aviation-related development that has been addressed
 1685  in the comprehensive plan amendment that incorporates the
 1686  airport master plan, shall not be a development of regional
 1687  impact. Notwithstanding any other general law, an airport that
 1688  has received a development-of-regional-impact development order
 1689  pursuant to s. 380.06, but which is no longer required to
 1690  undergo development-of-regional-impact review pursuant to this
 1691  subsection, may rescind its development-of-regional-impact order
 1692  upon written notification to the applicable local government.
 1693  Upon receipt by the local government, the development-of
 1694  regional-impact development order shall be deemed rescinded.
 1695         5. The transportation element shall include a map or map
 1696  series showing the general location of the existing and proposed
 1697  transportation system features and shall be coordinated with the
 1698  future land use map or map series. The traffic circulation
 1699  element shall incorporate transportation strategies to address
 1700  reduction in greenhouse gas emissions from the transportation
 1701  sector.
 1702         (c) A general sanitary sewer, solid waste, drainage,
 1703  potable water, and natural groundwater aquifer recharge element
 1704  correlated to principles and guidelines for future land use,
 1705  indicating ways to provide for future potable water, drainage,
 1706  sanitary sewer, solid waste, and aquifer recharge protection
 1707  requirements for the area. The element may be a detailed
 1708  engineering plan including a topographic map depicting areas of
 1709  prime groundwater recharge.
 1710         1. Each local government shall address in the data and
 1711  analyses required by this section those facilities that provide
 1712  service within the local government’s jurisdiction. Local
 1713  governments that provide facilities to serve areas within other
 1714  local government jurisdictions shall also address those
 1715  facilities in the data and analyses required by this section,
 1716  using data from the comprehensive plan for those areas for the
 1717  purpose of projecting facility needs as required in this
 1718  subsection. For shared facilities, each local government shall
 1719  indicate the proportional capacity of the systems allocated to
 1720  serve its jurisdiction.
 1721         2. The element shall describe the problems and needs and
 1722  the general facilities that will be required for solution of the
 1723  problems and needs, including correcting existing facility
 1724  deficiencies. The element shall address coordinating the
 1725  extension of, or increase in the capacity of, facilities to meet
 1726  future needs while maximizing the use of existing facilities and
 1727  discouraging urban sprawl; conservation of potable water
 1728  resources; and protecting the functions of natural groundwater
 1729  recharge areas and natural drainage features. The element shall
 1730  also include a topographic map depicting any areas adopted by a
 1731  regional water management district as prime groundwater recharge
 1732  areas for the Floridan or Biscayne aquifers. These areas shall
 1733  be given special consideration when the local government is
 1734  engaged in zoning or considering future land use for said
 1735  designated areas. For areas served by septic tanks, soil surveys
 1736  shall be provided which indicate the suitability of soils for
 1737  septic tanks.
 1738         3. Within 18 months after the governing board approves an
 1739  updated regional water supply plan, the element must incorporate
 1740  the alternative water supply project or projects selected by the
 1741  local government from those identified in the regional water
 1742  supply plan pursuant to s. 373.709(2)(a) or proposed by the
 1743  local government under s. 373.709(8)(b). If a local government
 1744  is located within two water management districts, the local
 1745  government shall adopt its comprehensive plan amendment within
 1746  18 months after the later updated regional water supply plan.
 1747  The element must identify such alternative water supply projects
 1748  and traditional water supply projects and conservation and reuse
 1749  necessary to meet the water needs identified in s. 373.709(2)(a)
 1750  within the local government’s jurisdiction and include a work
 1751  plan, covering at least a 10-year planning period, for building
 1752  public, private, and regional water supply facilities, including
 1753  development of alternative water supplies, which are identified
 1754  in the element as necessary to serve existing and new
 1755  development. The work plan shall be updated, at a minimum, every
 1756  5 years within 18 months after the governing board of a water
 1757  management district approves an updated regional water supply
 1758  plan. Amendments to incorporate the work plan do not count
 1759  toward the limitation on the frequency of adoption of amendments
 1760  to the comprehensive plan. Local governments, public and private
 1761  utilities, regional water supply authorities, special districts,
 1762  and water management districts are encouraged to cooperatively
 1763  plan for the development of multijurisdictional water supply
 1764  facilities that are sufficient to meet projected demands for
 1765  established planning periods, including the development of
 1766  alternative water sources to supplement traditional sources of
 1767  groundwater and surface water supplies.
 1768         (d) A conservation element for the conservation, use, and
 1769  protection of natural resources in the area, including air,
 1770  water, water recharge areas, wetlands, waterwells, estuarine
 1771  marshes, soils, beaches, shores, flood plains, rivers, bays,
 1772  lakes, harbors, forests, fisheries and wildlife, marine habitat,
 1773  minerals, and other natural and environmental resources,
 1774  including factors that affect energy conservation.
 1775         1. The following natural resources, where present within
 1776  the local government’s boundaries, shall be identified and
 1777  analyzed and existing recreational or conservation uses, known
 1778  pollution problems, including hazardous wastes, and the
 1779  potential for conservation, recreation, use, or protection shall
 1780  also be identified:
 1781         a. Rivers, bays, lakes, wetlands including estuarine
 1782  marshes, groundwaters, and springs, including information on
 1783  quality of the resource available.
 1784         b. Floodplains.
 1785         c. Known sources of commercially valuable minerals.
 1786         d. Areas known to have experienced soil erosion problems.
 1787         e. Areas that are the location of recreationally and
 1788  commercially important fish or shellfish, wildlife, marine
 1789  habitats, and vegetative communities, including forests,
 1790  indicating known dominant species present and species listed by
 1791  federal, state, or local government agencies as endangered,
 1792  threatened, or species of special concern.
 1793         2. The element must contain principles, guidelines, and
 1794  standards for conservation that provide long-term goals and
 1795  which:
 1796         a. Protects air quality.
 1797         b. Conserves, appropriately uses, and protects the quality
 1798  and quantity of current and projected water sources and waters
 1799  that flow into estuarine waters or oceanic waters and protect
 1800  from activities and land uses known to affect adversely the
 1801  quality and quantity of identified water sources, including
 1802  natural groundwater recharge areas, wellhead protection areas,
 1803  and surface waters used as a source of public water supply.
 1804         c. Provides for the emergency conservation of water sources
 1805  in accordance with the plans of the regional water management
 1806  district.
 1807         d. Conserves, appropriately uses, and protects minerals,
 1808  soils, and native vegetative communities, including forests,
 1809  from destruction by development activities.
 1810         e. Conserves, appropriately uses, and protects fisheries,
 1811  wildlife, wildlife habitat, and marine habitat and restricts
 1812  activities known to adversely affect the survival of endangered
 1813  and threatened wildlife.
 1814         f. Protects existing natural reservations identified in the
 1815  recreation and open space element.
 1816         g. Maintains cooperation with adjacent local governments to
 1817  conserve, appropriately use, or protect unique vegetative
 1818  communities located within more than one local jurisdiction.
 1819         h. Designates environmentally sensitive lands for
 1820  protection based on locally determined criteria which further
 1821  the goals and objectives of the conservation element.
 1822         i. Manages hazardous waste to protect natural resources.
 1823         j. Protects and conserves wetlands and the natural
 1824  functions of wetlands.
 1825         k. Directs future land uses that are incompatible with the
 1826  protection and conservation of wetlands and wetland functions
 1827  away from wetlands. The type, intensity or density, extent,
 1828  distribution, and location of allowable land uses and the types,
 1829  values, functions, sizes, conditions, and locations of wetlands
 1830  are land use factors that shall be considered when directing
 1831  incompatible land uses away from wetlands. Land uses shall be
 1832  distributed in a manner that minimizes the effect and impact on
 1833  wetlands. The protection and conservation of wetlands by the
 1834  direction of incompatible land uses away from wetlands shall
 1835  occur in combination with other principles, guidelines,
 1836  standards, and strategies in the comprehensive plan. Where
 1837  incompatible land uses are allowed to occur, mitigation shall be
 1838  considered as one means to compensate for loss of wetlands
 1839  functions.
 1840         3.Local governments shall assess their Current and, as
 1841  well as projected, water needs and sources for at least a 10
 1842  year period based on the demands for industrial, agricultural,
 1843  and potable water use and the quality and quantity of water
 1844  available to meet these demands shall be analyzed. The analysis
 1845  shall consider the existing levels of water conservation, use,
 1846  and protection and applicable policies of the regional water
 1847  management district and further must consider, considering the
 1848  appropriate regional water supply plan approved pursuant to s.
 1849  373.709, or, in the absence of an approved regional water supply
 1850  plan, the district water management plan approved pursuant to s.
 1851  373.036(2). This information shall be submitted to the
 1852  appropriate agencies. The land use map or map series contained
 1853  in the future land use element shall generally identify and
 1854  depict the following:
 1855         1. Existing and planned waterwells and cones of influence
 1856  where applicable.
 1857         2. Beaches and shores, including estuarine systems.
 1858         3. Rivers, bays, lakes, flood plains, and harbors.
 1859         4. Wetlands.
 1860         5. Minerals and soils.
 1861         6. Energy conservation.
 1862  
 1863  The land uses identified on such maps shall be consistent with
 1864  applicable state law and rules.
 1865         (e) A recreation and open space element indicating a
 1866  comprehensive system of public and private sites for recreation,
 1867  including, but not limited to, natural reservations, parks and
 1868  playgrounds, parkways, beaches and public access to beaches,
 1869  open spaces, waterways, and other recreational facilities.
 1870         (f)1. A housing element consisting of standards, plans, and
 1871  principles, guidelines, standards, and strategies to be followed
 1872  in:
 1873         a. The provision of housing for all current and anticipated
 1874  future residents of the jurisdiction.
 1875         b. The elimination of substandard dwelling conditions.
 1876         c. The structural and aesthetic improvement of existing
 1877  housing.
 1878         d. The provision of adequate sites for future housing,
 1879  including affordable workforce housing as defined in s.
 1880  380.0651(3)(j), housing for low-income, very low-income, and
 1881  moderate-income families, mobile homes, and group home
 1882  facilities and foster care facilities, with supporting
 1883  infrastructure and public facilities.
 1884         e. Provision for relocation housing and identification of
 1885  historically significant and other housing for purposes of
 1886  conservation, rehabilitation, or replacement.
 1887         f. The formulation of housing implementation programs.
 1888         g. The creation or preservation of affordable housing to
 1889  minimize the need for additional local services and avoid the
 1890  concentration of affordable housing units only in specific areas
 1891  of the jurisdiction.
 1892         h. Energy efficiency in the design and construction of new
 1893  housing.
 1894         i. Use of renewable energy resources.
 1895         j. Each county in which the gap between the buying power of
 1896  a family of four and the median county home sale price exceeds
 1897  $170,000, as determined by the Florida Housing Finance
 1898  Corporation, and which is not designated as an area of critical
 1899  state concern shall adopt a plan for ensuring affordable
 1900  workforce housing. At a minimum, the plan shall identify
 1901  adequate sites for such housing. For purposes of this sub
 1902  subparagraph, the term “workforce housing” means housing that is
 1903  affordable to natural persons or families whose total household
 1904  income does not exceed 140 percent of the area median income,
 1905  adjusted for household size.
 1906         k. As a precondition to receiving any state affordable
 1907  housing funding or allocation for any project or program within
 1908  the jurisdiction of a county that is subject to sub-subparagraph
 1909  j., a county must, by July 1 of each year, provide certification
 1910  that the county has complied with the requirements of sub
 1911  subparagraph j.
 1912         2. The principles, guidelines, standards, and strategies
 1913  goals, objectives, and policies of the housing element must be
 1914  based on the data and analysis prepared on housing needs,
 1915  including an inventory taken from the latest decennial United
 1916  States Census or more recent estimates, which shall include the
 1917  number and distribution of dwelling units by type, tenure, age,
 1918  rent, value, monthly cost of owner-occupied units, and rent or
 1919  cost to income ratio, and shall show the number of dwelling
 1920  units that are substandard. The inventory shall also include the
 1921  methodology used to estimate the condition of housing, a
 1922  projection of the anticipated number of households by size,
 1923  income range, and age of residents derived from the population
 1924  projections, and the minimum housing need of the current and
 1925  anticipated future residents of the jurisdiction the affordable
 1926  housing needs assessment.
 1927         3. The housing element must express principles, guidelines,
 1928  standards, and strategies that reflect, as needed, the creation
 1929  and preservation of affordable housing for all current and
 1930  anticipated future residents of the jurisdiction, elimination of
 1931  substandard housing conditions, adequate sites, and distribution
 1932  of housing for a range of incomes and types, including mobile
 1933  and manufactured homes. The element must provide for specific
 1934  programs and actions to partner with private and nonprofit
 1935  sectors to address housing needs in the jurisdiction, streamline
 1936  the permitting process, and minimize costs and delays for
 1937  affordable housing, establish standards to address the quality
 1938  of housing, stabilization of neighborhoods, and identification
 1939  and improvement of historically significant housing.
 1940         4. State and federal housing plans prepared on behalf of
 1941  the local government must be consistent with the goals,
 1942  objectives, and policies of the housing element. Local
 1943  governments are encouraged to use job training, job creation,
 1944  and economic solutions to address a portion of their affordable
 1945  housing concerns.
 1946         5.As part of this element, a local government that has a
 1947  coastal management element in its comprehensive plan may develop
 1948  an adaptation action area designation for those low-lying
 1949  coastal zones that are experiencing coastal flooding due to
 1950  extreme high tides and storm surge and are vulnerable to the
 1951  impacts of rising sea level. Local governments that adopt an
 1952  adaptation action area may consider policies within the coastal
 1953  management element to improve resilience to coastal flooding
 1954  resulting from high-tide events, storm surge, flash floods,
 1955  stormwater runoff, and related impacts of sea level rise.
 1956  Criteria for the adaptation action area may include, but need
 1957  not be limited to, areas for which the land elevations are
 1958  below, at, or near mean higher high water, which have an
 1959  hydrologic connection to coastal waters, or which are designated
 1960  as evacuation zones for storm surge.
 1961         2. To assist local governments in housing data collection
 1962  and analysis and assure uniform and consistent information
 1963  regarding the state’s housing needs, the state land planning
 1964  agency shall conduct an affordable housing needs assessment for
 1965  all local jurisdictions on a schedule that coordinates the
 1966  implementation of the needs assessment with the evaluation and
 1967  appraisal reports required by s. 163.3191. Each local government
 1968  shall utilize the data and analysis from the needs assessment as
 1969  one basis for the housing element of its local comprehensive
 1970  plan. The agency shall allow a local government the option to
 1971  perform its own needs assessment, if it uses the methodology
 1972  established by the agency by rule.
 1973         (g)1. For those units of local government identified in s.
 1974  380.24, a coastal management element, appropriately related to
 1975  the particular requirements of paragraphs (d) and (e) and
 1976  meeting the requirements of s. 163.3178(2) and (3). The coastal
 1977  management element shall set forth the principles, guidelines,
 1978  standards, and strategies policies that shall guide the local
 1979  government’s decisions and program implementation with respect
 1980  to the following objectives:
 1981         1.a.Maintain, restore, and enhance Maintenance,
 1982  restoration, and enhancement of the overall quality of the
 1983  coastal zone environment, including, but not limited to, its
 1984  amenities and aesthetic values.
 1985         2.b.Preserve the continued existence of viable populations
 1986  of all species of wildlife and marine life.
 1987         3.c.Protect the orderly and balanced utilization and
 1988  preservation, consistent with sound conservation principles, of
 1989  all living and nonliving coastal zone resources.
 1990         4.d.Avoid Avoidance of irreversible and irretrievable loss
 1991  of coastal zone resources.
 1992         5.e.Use ecological planning principles and assumptions to
 1993  be used in the determination of the suitability and extent of
 1994  permitted development.
 1995         f. Proposed management and regulatory techniques.
 1996         6.g.Limit Limitation of public expenditures that subsidize
 1997  development in high-hazard coastal high-hazard areas.
 1998         7.h.Protect Protection of human life against the effects
 1999  of natural disasters.
 2000         8.i.Direct the orderly development, maintenance, and use
 2001  of ports identified in s. 403.021(9) to facilitate deepwater
 2002  commercial navigation and other related activities.
 2003         9.j.Preserve historic and archaeological resources, which
 2004  include the Preservation, including sensitive adaptive use of
 2005  these historic and archaeological resources.
 2006         2. As part of this element, a local government that has a
 2007  coastal management element in its comprehensive plan is
 2008  encouraged to adopt recreational surface water use policies that
 2009  include applicable criteria for and consider such factors as
 2010  natural resources, manatee protection needs, protection of
 2011  working waterfronts and public access to the water, and
 2012  recreation and economic demands. Criteria for manatee protection
 2013  in the recreational surface water use policies should reflect
 2014  applicable guidance outlined in the Boat Facility Siting Guide
 2015  prepared by the Fish and Wildlife Conservation Commission. If
 2016  the local government elects to adopt recreational surface water
 2017  use policies by comprehensive plan amendment, such comprehensive
 2018  plan amendment is exempt from the provisions of s. 163.3187(1).
 2019  Local governments that wish to adopt recreational surface water
 2020  use policies may be eligible for assistance with the development
 2021  of such policies through the Florida Coastal Management Program.
 2022  The Office of Program Policy Analysis and Government
 2023  Accountability shall submit a report on the adoption of
 2024  recreational surface water use policies under this subparagraph
 2025  to the President of the Senate, the Speaker of the House of
 2026  Representatives, and the majority and minority leaders of the
 2027  Senate and the House of Representatives no later than December
 2028  1, 2010.
 2029         (h)1. An intergovernmental coordination element showing
 2030  relationships and stating principles and guidelines to be used
 2031  in coordinating the adopted comprehensive plan with the plans of
 2032  school boards, regional water supply authorities, and other
 2033  units of local government providing services but not having
 2034  regulatory authority over the use of land, with the
 2035  comprehensive plans of adjacent municipalities, the county,
 2036  adjacent counties, or the region, with the state comprehensive
 2037  plan and with the applicable regional water supply plan approved
 2038  pursuant to s. 373.709, as the case may require and as such
 2039  adopted plans or plans in preparation may exist. This element of
 2040  the local comprehensive plan must demonstrate consideration of
 2041  the particular effects of the local plan, when adopted, upon the
 2042  development of adjacent municipalities, the county, adjacent
 2043  counties, or the region, or upon the state comprehensive plan,
 2044  as the case may require.
 2045         a. The intergovernmental coordination element must provide
 2046  procedures for identifying and implementing joint planning
 2047  areas, especially for the purpose of annexation, municipal
 2048  incorporation, and joint infrastructure service areas.
 2049         b. The intergovernmental coordination element must provide
 2050  for recognition of campus master plans prepared pursuant to s.
 2051  1013.30 and airport master plans under paragraph (k).
 2052         b.c. The intergovernmental coordination element shall
 2053  provide for a dispute resolution process, as established
 2054  pursuant to s. 186.509, for bringing intergovernmental disputes
 2055  to closure in a timely manner.
 2056         c.d. The intergovernmental coordination element shall
 2057  provide for interlocal agreements as established pursuant to s.
 2058  333.03(1)(b).
 2059         2. The intergovernmental coordination element shall also
 2060  state principles and guidelines to be used in coordinating the
 2061  adopted comprehensive plan with the plans of school boards and
 2062  other units of local government providing facilities and
 2063  services but not having regulatory authority over the use of
 2064  land. In addition, the intergovernmental coordination element
 2065  must describe joint processes for collaborative planning and
 2066  decisionmaking on population projections and public school
 2067  siting, the location and extension of public facilities subject
 2068  to concurrency, and siting facilities with countywide
 2069  significance, including locally unwanted land uses whose nature
 2070  and identity are established in an agreement.
 2071         3. Within 1 year after adopting their intergovernmental
 2072  coordination elements, each county, all the municipalities
 2073  within that county, the district school board, and any unit of
 2074  local government service providers in that county shall
 2075  establish by interlocal or other formal agreement executed by
 2076  all affected entities, the joint processes described in this
 2077  subparagraph consistent with their adopted intergovernmental
 2078  coordination elements. The element must:
 2079         a. Ensure that the local government addresses through
 2080  coordination mechanisms the impacts of development proposed in
 2081  the local comprehensive plan upon development in adjacent
 2082  municipalities, the county, adjacent counties, the region, and
 2083  the state. The area of concern for municipalities shall include
 2084  adjacent municipalities, the county, and counties adjacent to
 2085  the municipality. The area of concern for counties shall include
 2086  all municipalities within the county, adjacent counties, and
 2087  adjacent municipalities.
 2088         b. Ensure coordination in establishing level of service
 2089  standards for public facilities with any state, regional, or
 2090  local entity having operational and maintenance responsibility
 2091  for such facilities.
 2092         3. To foster coordination between special districts and
 2093  local general-purpose governments as local general-purpose
 2094  governments implement local comprehensive plans, each
 2095  independent special district must submit a public facilities
 2096  report to the appropriate local government as required by s.
 2097  189.415.
 2098         4. Local governments shall execute an interlocal agreement
 2099  with the district school board, the county, and nonexempt
 2100  municipalities pursuant to s. 163.31777. The local government
 2101  shall amend the intergovernmental coordination element to ensure
 2102  that coordination between the local government and school board
 2103  is pursuant to the agreement and shall state the obligations of
 2104  the local government under the agreement. Plan amendments that
 2105  comply with this subparagraph are exempt from the provisions of
 2106  s. 163.3187(1).
 2107         5. By January 1, 2004, any county having a population
 2108  greater than 100,000, and the municipalities and special
 2109  districts within that county, shall submit a report to the
 2110  Department of Community Affairs which identifies:
 2111         a. All existing or proposed interlocal service delivery
 2112  agreements relating to education; sanitary sewer; public safety;
 2113  solid waste; drainage; potable water; parks and recreation; and
 2114  transportation facilities.
 2115         b. Any deficits or duplication in the provision of services
 2116  within its jurisdiction, whether capital or operational. Upon
 2117  request, the Department of Community Affairs shall provide
 2118  technical assistance to the local governments in identifying
 2119  deficits or duplication.
 2120         6. Within 6 months after submission of the report, the
 2121  Department of Community Affairs shall, through the appropriate
 2122  regional planning council, coordinate a meeting of all local
 2123  governments within the regional planning area to discuss the
 2124  reports and potential strategies to remedy any identified
 2125  deficiencies or duplications.
 2126         7. Each local government shall update its intergovernmental
 2127  coordination element based upon the findings in the report
 2128  submitted pursuant to subparagraph 5. The report may be used as
 2129  supporting data and analysis for the intergovernmental
 2130  coordination element.
 2131         (i) The optional elements of the comprehensive plan in
 2132  paragraphs (7)(a) and (b) are required elements for those
 2133  municipalities having populations greater than 50,000, and those
 2134  counties having populations greater than 75,000, as determined
 2135  under s. 186.901.
 2136         (j) For each unit of local government within an urbanized
 2137  area designated for purposes of s. 339.175, a transportation
 2138  element, which must be prepared and adopted in lieu of the
 2139  requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
 2140  and (d) and which shall address the following issues:
 2141         1. Traffic circulation, including major thoroughfares and
 2142  other routes, including bicycle and pedestrian ways.
 2143         2. All alternative modes of travel, such as public
 2144  transportation, pedestrian, and bicycle travel.
 2145         3. Parking facilities.
 2146         4. Aviation, rail, seaport facilities, access to those
 2147  facilities, and intermodal terminals.
 2148         5. The availability of facilities and services to serve
 2149  existing land uses and the compatibility between future land use
 2150  and transportation elements.
 2151         6. The capability to evacuate the coastal population prior
 2152  to an impending natural disaster.
 2153         7. Airports, projected airport and aviation development,
 2154  and land use compatibility around airports, which includes areas
 2155  defined in ss. 333.01 and 333.02.
 2156         8. An identification of land use densities, building
 2157  intensities, and transportation management programs to promote
 2158  public transportation systems in designated public
 2159  transportation corridors so as to encourage population densities
 2160  sufficient to support such systems.
 2161         9. May include transportation corridors, as defined in s.
 2162  334.03, intended for future transportation facilities designated
 2163  pursuant to s. 337.273. If transportation corridors are
 2164  designated, the local government may adopt a transportation
 2165  corridor management ordinance.
 2166         10. The incorporation of transportation strategies to
 2167  address reduction in greenhouse gas emissions from the
 2168  transportation sector.
 2169         (k) An airport master plan, and any subsequent amendments
 2170  to the airport master plan, prepared by a licensed publicly
 2171  owned and operated airport under s. 333.06 may be incorporated
 2172  into the local government comprehensive plan by the local
 2173  government having jurisdiction under this act for the area in
 2174  which the airport or projected airport development is located by
 2175  the adoption of a comprehensive plan amendment. In the amendment
 2176  to the local comprehensive plan that integrates the airport
 2177  master plan, the comprehensive plan amendment shall address land
 2178  use compatibility consistent with chapter 333 regarding airport
 2179  zoning; the provision of regional transportation facilities for
 2180  the efficient use and operation of the transportation system and
 2181  airport; consistency with the local government transportation
 2182  circulation element and applicable metropolitan planning
 2183  organization long-range transportation plans; and the execution
 2184  of any necessary interlocal agreements for the purposes of the
 2185  provision of public facilities and services to maintain the
 2186  adopted level-of-service standards for facilities subject to
 2187  concurrency; and may address airport-related or aviation-related
 2188  development. Development or expansion of an airport consistent
 2189  with the adopted airport master plan that has been incorporated
 2190  into the local comprehensive plan in compliance with this part,
 2191  and airport-related or aviation-related development that has
 2192  been addressed in the comprehensive plan amendment that
 2193  incorporates the airport master plan, shall not be a development
 2194  of regional impact. Notwithstanding any other general law, an
 2195  airport that has received a development-of-regional-impact
 2196  development order pursuant to s. 380.06, but which is no longer
 2197  required to undergo development-of-regional-impact review
 2198  pursuant to this subsection, may abandon its development-of
 2199  regional-impact order upon written notification to the
 2200  applicable local government. Upon receipt by the local
 2201  government, the development-of-regional-impact development order
 2202  is void.
 2203         (7) The comprehensive plan may include the following
 2204  additional elements, or portions or phases thereof:
 2205         (a) As a part of the circulation element of paragraph
 2206  (6)(b) or as a separate element, a mass-transit element showing
 2207  proposed methods for the moving of people, rights-of-way,
 2208  terminals, related facilities, and fiscal considerations for the
 2209  accomplishment of the element.
 2210         (b) As a part of the circulation element of paragraph
 2211  (6)(b) or as a separate element, plans for port, aviation, and
 2212  related facilities coordinated with the general circulation and
 2213  transportation element.
 2214         (c) As a part of the circulation element of paragraph
 2215  (6)(b) and in coordination with paragraph (6)(e), where
 2216  applicable, a plan element for the circulation of recreational
 2217  traffic, including bicycle facilities, exercise trails, riding
 2218  facilities, and such other matters as may be related to the
 2219  improvement and safety of movement of all types of recreational
 2220  traffic.
 2221         (d) As a part of the circulation element of paragraph
 2222  (6)(b) or as a separate element, a plan element for the
 2223  development of offstreet parking facilities for motor vehicles
 2224  and the fiscal considerations for the accomplishment of the
 2225  element.
 2226         (e) A public buildings and related facilities element
 2227  showing locations and arrangements of civic and community
 2228  centers, public schools, hospitals, libraries, police and fire
 2229  stations, and other public buildings. This plan element should
 2230  show particularly how it is proposed to effect coordination with
 2231  governmental units, such as school boards or hospital
 2232  authorities, having public development and service
 2233  responsibilities, capabilities, and potential but not having
 2234  land development regulatory authority. This element may include
 2235  plans for architecture and landscape treatment of their grounds.
 2236         (f) A recommended community design element which may
 2237  consist of design recommendations for land subdivision,
 2238  neighborhood development and redevelopment, design of open space
 2239  locations, and similar matters to the end that such
 2240  recommendations may be available as aids and guides to
 2241  developers in the future planning and development of land in the
 2242  area.
 2243         (g) A general area redevelopment element consisting of
 2244  plans and programs for the redevelopment of slums and blighted
 2245  locations in the area and for community redevelopment, including
 2246  housing sites, business and industrial sites, public buildings
 2247  sites, recreational facilities, and other purposes authorized by
 2248  law.
 2249         (h) A safety element for the protection of residents and
 2250  property of the area from fire, hurricane, or manmade or natural
 2251  catastrophe, including such necessary features for protection as
 2252  evacuation routes and their control in an emergency, water
 2253  supply requirements, minimum road widths, clearances around and
 2254  elevations of structures, and similar matters.
 2255         (i) An historical and scenic preservation element setting
 2256  out plans and programs for those structures or lands in the area
 2257  having historical, archaeological, architectural, scenic, or
 2258  similar significance.
 2259         (j) An economic element setting forth principles and
 2260  guidelines for the commercial and industrial development, if
 2261  any, and the employment and personnel utilization within the
 2262  area. The element may detail the type of commercial and
 2263  industrial development sought, correlated to the present and
 2264  projected employment needs of the area and to other elements of
 2265  the plans, and may set forth methods by which a balanced and
 2266  stable economic base will be pursued.
 2267         (k) Such other elements as may be peculiar to, and
 2268  necessary for, the area concerned and as are added to the
 2269  comprehensive plan by the governing body upon the recommendation
 2270  of the local planning agency.
 2271         (l) Local governments that are not required to prepare
 2272  coastal management elements under s. 163.3178 are encouraged to
 2273  adopt hazard mitigation/postdisaster redevelopment plans. These
 2274  plans should, at a minimum, establish long-term policies
 2275  regarding redevelopment, infrastructure, densities,
 2276  nonconforming uses, and future land use patterns. Grants to
 2277  assist local governments in the preparation of these hazard
 2278  mitigation/postdisaster redevelopment plans shall be available
 2279  through the Emergency Management Preparedness and Assistance
 2280  Account in the Grants and Donations Trust Fund administered by
 2281  the department, if such account is created by law. The plans
 2282  must be in compliance with the requirements of this act and
 2283  chapter 252.
 2284         (8) All elements of the comprehensive plan, whether
 2285  mandatory or optional, shall be based upon data appropriate to
 2286  the element involved. Surveys and studies utilized in the
 2287  preparation of the comprehensive plan shall not be deemed a part
 2288  of the comprehensive plan unless adopted as a part of it. Copies
 2289  of such studies, surveys, and supporting documents shall be made
 2290  available to public inspection, and copies of such plans shall
 2291  be made available to the public upon payment of reasonable
 2292  charges for reproduction.
 2293         (9) The state land planning agency shall, by February 15,
 2294  1986, adopt by rule minimum criteria for the review and
 2295  determination of compliance of the local government
 2296  comprehensive plan elements required by this act. Such rules
 2297  shall not be subject to rule challenges under s. 120.56(2) or to
 2298  drawout proceedings under s. 120.54(3)(c)2. Such rules shall
 2299  become effective only after they have been submitted to the
 2300  President of the Senate and the Speaker of the House of
 2301  Representatives for review by the Legislature no later than 30
 2302  days prior to the next regular session of the Legislature. In
 2303  its review the Legislature may reject, modify, or take no action
 2304  relative to the rules. The agency shall conform the rules to the
 2305  changes made by the Legislature, or, if no action was taken, the
 2306  agency rules shall become effective. The rule shall include
 2307  criteria for determining whether:
 2308         (a) Proposed elements are in compliance with the
 2309  requirements of part II, as amended by this act.
 2310         (b) Other elements of the comprehensive plan are related to
 2311  and consistent with each other.
 2312         (c) The local government comprehensive plan elements are
 2313  consistent with the state comprehensive plan and the appropriate
 2314  regional policy plan pursuant to s. 186.508.
 2315         (d) Certain bays, estuaries, and harbors that fall under
 2316  the jurisdiction of more than one local government are managed
 2317  in a consistent and coordinated manner in the case of local
 2318  governments required to include a coastal management element in
 2319  their comprehensive plans pursuant to paragraph (6)(g).
 2320         (e) Proposed elements identify the mechanisms and
 2321  procedures for monitoring, evaluating, and appraising
 2322  implementation of the plan. Specific measurable objectives are
 2323  included to provide a basis for evaluating effectiveness as
 2324  required by s. 163.3191.
 2325         (f) Proposed elements contain policies to guide future
 2326  decisions in a consistent manner.
 2327         (g) Proposed elements contain programs and activities to
 2328  ensure that comprehensive plans are implemented.
 2329         (h) Proposed elements identify the need for and the
 2330  processes and procedures to ensure coordination of all
 2331  development activities and services with other units of local
 2332  government, regional planning agencies, water management
 2333  districts, and state and federal agencies as appropriate.
 2334  
 2335  The state land planning agency may adopt procedural rules that
 2336  are consistent with this section and chapter 120 for the review
 2337  of local government comprehensive plan elements required under
 2338  this section. The state land planning agency shall provide model
 2339  plans and ordinances and, upon request, other assistance to
 2340  local governments in the adoption and implementation of their
 2341  revised local government comprehensive plans. The review and
 2342  comment provisions applicable prior to October 1, 1985, shall
 2343  continue in effect until the criteria for review and
 2344  determination are adopted pursuant to this subsection and the
 2345  comprehensive plans required by s. 163.3167(2) are due.
 2346         (10) The Legislature recognizes the importance and
 2347  significance of chapter 9J-5, Florida Administrative Code, the
 2348  Minimum Criteria for Review of Local Government Comprehensive
 2349  Plans and Determination of Compliance of the Department of
 2350  Community Affairs that will be used to determine compliance of
 2351  local comprehensive plans. The Legislature reserved unto itself
 2352  the right to review chapter 9J-5, Florida Administrative Code,
 2353  and to reject, modify, or take no action relative to this rule.
 2354  Therefore, pursuant to subsection (9), the Legislature hereby
 2355  has reviewed chapter 9J-5, Florida Administrative Code, and
 2356  expresses the following legislative intent:
 2357         (a) The Legislature finds that in order for the department
 2358  to review local comprehensive plans, it is necessary to define
 2359  the term “consistency.” Therefore, for the purpose of
 2360  determining whether local comprehensive plans are consistent
 2361  with the state comprehensive plan and the appropriate regional
 2362  policy plan, a local plan shall be consistent with such plans if
 2363  the local plan is “compatible with” and “furthers” such plans.
 2364  The term “compatible with” means that the local plan is not in
 2365  conflict with the state comprehensive plan or appropriate
 2366  regional policy plan. The term “furthers” means to take action
 2367  in the direction of realizing goals or policies of the state or
 2368  regional plan. For the purposes of determining consistency of
 2369  the local plan with the state comprehensive plan or the
 2370  appropriate regional policy plan, the state or regional plan
 2371  shall be construed as a whole and no specific goal and policy
 2372  shall be construed or applied in isolation from the other goals
 2373  and policies in the plans.
 2374         (b) Each local government shall review all the state
 2375  comprehensive plan goals and policies and shall address in its
 2376  comprehensive plan the goals and policies which are relevant to
 2377  the circumstances or conditions in its jurisdiction. The
 2378  decision regarding which particular state comprehensive plan
 2379  goals and policies will be furthered by the expenditure of a
 2380  local government’s financial resources in any given year is a
 2381  decision which rests solely within the discretion of the local
 2382  government. Intergovernmental coordination, as set forth in
 2383  paragraph (6)(h), shall be utilized to the extent required to
 2384  carry out the provisions of chapter 9J-5, Florida Administrative
 2385  Code.
 2386         (c) The Legislature declares that if any portion of chapter
 2387  9J-5, Florida Administrative Code, is found to be in conflict
 2388  with this part, the appropriate statutory provision shall
 2389  prevail.
 2390         (d) Chapter 9J-5, Florida Administrative Code, does not
 2391  mandate the creation, limitation, or elimination of regulatory
 2392  authority, nor does it authorize the adoption or require the
 2393  repeal of any rules, criteria, or standards of any local,
 2394  regional, or state agency.
 2395         (e) It is the Legislature’s intent that support data or
 2396  summaries thereof shall not be subject to the compliance review
 2397  process, but the Legislature intends that goals and policies be
 2398  clearly based on appropriate data. The department may utilize
 2399  support data or summaries thereof to aid in its determination of
 2400  compliance and consistency. The Legislature intends that the
 2401  department may evaluate the application of a methodology
 2402  utilized in data collection or whether a particular methodology
 2403  is professionally accepted. However, the department shall not
 2404  evaluate whether one accepted methodology is better than
 2405  another. Chapter 9J-5, Florida Administrative Code, shall not be
 2406  construed to require original data collection by local
 2407  governments; however, Local governments are not to be
 2408  discouraged from utilizing original data so long as
 2409  methodologies are professionally accepted.
 2410         (f) The Legislature recognizes that under this section,
 2411  local governments are charged with setting levels of service for
 2412  public facilities in their comprehensive plans in accordance
 2413  with which development orders and permits will be issued
 2414  pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
 2415  the authority of state, regional, or local agencies as otherwise
 2416  provided by law.
 2417         (g) Definitions contained in chapter 9J-5, Florida
 2418  Administrative Code, are not intended to modify or amend the
 2419  definitions utilized for purposes of other programs or rules or
 2420  to establish or limit regulatory authority. Local governments
 2421  may establish alternative definitions in local comprehensive
 2422  plans, as long as such definitions accomplish the intent of this
 2423  chapter, and chapter 9J-5, Florida Administrative Code.
 2424         (h) It is the intent of the Legislature that public
 2425  facilities and services needed to support development shall be
 2426  available concurrent with the impacts of such development in
 2427  accordance with s. 163.3180. In meeting this intent, public
 2428  facility and service availability shall be deemed sufficient if
 2429  the public facilities and services for a development are phased,
 2430  or the development is phased, so that the public facilities and
 2431  those related services which are deemed necessary by the local
 2432  government to operate the facilities necessitated by that
 2433  development are available concurrent with the impacts of the
 2434  development. The public facilities and services, unless already
 2435  available, are to be consistent with the capital improvements
 2436  element of the local comprehensive plan as required by paragraph
 2437  (3)(a) or guaranteed in an enforceable development agreement.
 2438  This shall include development agreements pursuant to this
 2439  chapter or in an agreement or a development order issued
 2440  pursuant to chapter 380. Nothing herein shall be construed to
 2441  require a local government to address services in its capital
 2442  improvements plan or to limit a local government’s ability to
 2443  address any service in its capital improvements plan that it
 2444  deems necessary.
 2445         (i) The department shall take into account the factors
 2446  delineated in rule 9J-5.002(2), Florida Administrative Code, as
 2447  it provides assistance to local governments and applies the rule
 2448  in specific situations with regard to the detail of the data and
 2449  analysis required.
 2450         (j) Chapter 9J-5, Florida Administrative Code, has become
 2451  effective pursuant to subsection (9). The Legislature hereby
 2452  directs the department to adopt amendments as necessary which
 2453  conform chapter 9J-5, Florida Administrative Code, with the
 2454  requirements of this legislative intent by October 1, 1986.
 2455         (k) In order for local governments to prepare and adopt
 2456  comprehensive plans with knowledge of the rules that are applied
 2457  to determine consistency of the plans with this part, there
 2458  should be no doubt as to the legal standing of chapter 9J-5,
 2459  Florida Administrative Code, at the close of the 1986
 2460  legislative session. Therefore, the Legislature declares that
 2461  changes made to chapter 9J-5 before October 1, 1986, are not
 2462  subject to rule challenges under s. 120.56(2), or to drawout
 2463  proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
 2464  Florida Administrative Code, as amended, is subject to rule
 2465  challenges under s. 120.56(3), as nothing herein indicates
 2466  approval or disapproval of any portion of chapter 9J-5 not
 2467  specifically addressed herein. Any amendments to chapter 9J-5,
 2468  Florida Administrative Code, exclusive of the amendments adopted
 2469  prior to October 1, 1986, pursuant to this act, shall be subject
 2470  to the full chapter 120 process. All amendments shall have
 2471  effective dates as provided in chapter 120 and submission to the
 2472  President of the Senate and Speaker of the House of
 2473  Representatives shall not be required.
 2474         (l) The state land planning agency shall consider land use
 2475  compatibility issues in the vicinity of all airports in
 2476  coordination with the Department of Transportation and adjacent
 2477  to or in close proximity to all military installations in
 2478  coordination with the Department of Defense.
 2479         (11)(a) The Legislature recognizes the need for innovative
 2480  planning and development strategies which will address the
 2481  anticipated demands of continued urbanization of Florida’s
 2482  coastal and other environmentally sensitive areas, and which
 2483  will accommodate the development of less populated regions of
 2484  the state which seek economic development and which have
 2485  suitable land and water resources to accommodate growth in an
 2486  environmentally acceptable manner. The Legislature further
 2487  recognizes the substantial advantages of innovative approaches
 2488  to development which may better serve to protect environmentally
 2489  sensitive areas, maintain the economic viability of agricultural
 2490  and other predominantly rural land uses, and provide for the
 2491  cost-efficient delivery of public facilities and services.
 2492         (b) It is the intent of the Legislature that the local
 2493  government comprehensive plans and plan amendments adopted
 2494  pursuant to the provisions of this part provide for a planning
 2495  process which allows for land use efficiencies within existing
 2496  urban areas and which also allows for the conversion of rural
 2497  lands to other uses, where appropriate and consistent with the
 2498  other provisions of this part and the affected local
 2499  comprehensive plans, through the application of innovative and
 2500  flexible planning and development strategies and creative land
 2501  use planning techniques, which may include, but not be limited
 2502  to, urban villages, new towns, satellite communities, area-based
 2503  allocations, clustering and open space provisions, mixed-use
 2504  development, and sector planning.
 2505         (c) It is the further intent of the Legislature that local
 2506  government comprehensive plans and implementing land development
 2507  regulations shall provide strategies which maximize the use of
 2508  existing facilities and services through redevelopment, urban
 2509  infill development, and other strategies for urban
 2510  revitalization.
 2511         (d)1. The department, in cooperation with the Department of
 2512  Agriculture and Consumer Services, the Department of
 2513  Environmental Protection, water management districts, and
 2514  regional planning councils, shall provide assistance to local
 2515  governments in the implementation of this paragraph and rule 9J
 2516  5.006(5)(l), Florida Administrative Code. Implementation of
 2517  those provisions shall include a process by which the department
 2518  may authorize local governments to designate all or portions of
 2519  lands classified in the future land use element as predominantly
 2520  agricultural, rural, open, open-rural, or a substantively
 2521  equivalent land use, as a rural land stewardship area within
 2522  which planning and economic incentives are applied to encourage
 2523  the implementation of innovative and flexible planning and
 2524  development strategies and creative land use planning
 2525  techniques, including those contained herein and in rule 9J
 2526  5.006(5)(l), Florida Administrative Code. Assistance may
 2527  include, but is not limited to:
 2528         a. Assistance from the Department of Environmental
 2529  Protection and water management districts in creating the
 2530  geographic information systems land cover database and aerial
 2531  photogrammetry needed to prepare for a rural land stewardship
 2532  area;
 2533         b. Support for local government implementation of rural
 2534  land stewardship concepts by providing information and
 2535  assistance to local governments regarding land acquisition
 2536  programs that may be used by the local government or landowners
 2537  to leverage the protection of greater acreage and maximize the
 2538  effectiveness of rural land stewardship areas; and
 2539         c. Expansion of the role of the Department of Community
 2540  Affairs as a resource agency to facilitate establishment of
 2541  rural land stewardship areas in smaller rural counties that do
 2542  not have the staff or planning budgets to create a rural land
 2543  stewardship area.
 2544         2. The department shall encourage participation by local
 2545  governments of different sizes and rural characteristics in
 2546  establishing and implementing rural land stewardship areas. It
 2547  is the intent of the Legislature that rural land stewardship
 2548  areas be used to further the following broad principles of rural
 2549  sustainability: restoration and maintenance of the economic
 2550  value of rural land; control of urban sprawl; identification and
 2551  protection of ecosystems, habitats, and natural resources;
 2552  promotion of rural economic activity; maintenance of the
 2553  viability of Florida’s agricultural economy; and protection of
 2554  the character of rural areas of Florida. Rural land stewardship
 2555  areas may be multicounty in order to encourage coordinated
 2556  regional stewardship planning.
 2557         3. A local government, in conjunction with a regional
 2558  planning council, a stakeholder organization of private land
 2559  owners, or another local government, shall notify the department
 2560  in writing of its intent to designate a rural land stewardship
 2561  area. The written notification shall describe the basis for the
 2562  designation, including the extent to which the rural land
 2563  stewardship area enhances rural land values, controls urban
 2564  sprawl, provides necessary open space for agriculture and
 2565  protection of the natural environment, promotes rural economic
 2566  activity, and maintains rural character and the economic
 2567  viability of agriculture.
 2568         4. A rural land stewardship area shall be not less than
 2569  10,000 acres and shall be located outside of municipalities and
 2570  established urban growth boundaries, and shall be designated by
 2571  plan amendment. The plan amendment designating a rural land
 2572  stewardship area shall be subject to review by the Department of
 2573  Community Affairs pursuant to s. 163.3184 and shall provide for
 2574  the following:
 2575         a. Criteria for the designation of receiving areas within
 2576  rural land stewardship areas in which innovative planning and
 2577  development strategies may be applied. Criteria shall at a
 2578  minimum provide for the following: adequacy of suitable land to
 2579  accommodate development so as to avoid conflict with
 2580  environmentally sensitive areas, resources, and habitats;
 2581  compatibility between and transition from higher density uses to
 2582  lower intensity rural uses; the establishment of receiving area
 2583  service boundaries which provide for a separation between
 2584  receiving areas and other land uses within the rural land
 2585  stewardship area through limitations on the extension of
 2586  services; and connection of receiving areas with the rest of the
 2587  rural land stewardship area using rural design and rural road
 2588  corridors.
 2589         b. Goals, objectives, and policies setting forth the
 2590  innovative planning and development strategies to be applied
 2591  within rural land stewardship areas pursuant to the provisions
 2592  of this section.
 2593         c. A process for the implementation of innovative planning
 2594  and development strategies within the rural land stewardship
 2595  area, including those described in this subsection and rule 9J
 2596  5.006(5)(l), Florida Administrative Code, which provide for a
 2597  functional mix of land uses, including adequate available
 2598  workforce housing, including low, very-low and moderate income
 2599  housing for the development anticipated in the receiving area
 2600  and which are applied through the adoption by the local
 2601  government of zoning and land development regulations applicable
 2602  to the rural land stewardship area.
 2603         d. A process which encourages visioning pursuant to s.
 2604  163.3167(11) to ensure that innovative planning and development
 2605  strategies comply with the provisions of this section.
 2606         e. The control of sprawl through the use of innovative
 2607  strategies and creative land use techniques consistent with the
 2608  provisions of this subsection and rule 9J-5.006(5)(l), Florida
 2609  Administrative Code.
 2610         5. A receiving area shall be designated by the adoption of
 2611  a land development regulation. Prior to the designation of a
 2612  receiving area, the local government shall provide the
 2613  Department of Community Affairs a period of 30 days in which to
 2614  review a proposed receiving area for consistency with the rural
 2615  land stewardship area plan amendment and to provide comments to
 2616  the local government. At the time of designation of a
 2617  stewardship receiving area, a listed species survey will be
 2618  performed. If listed species occur on the receiving area site,
 2619  the developer shall coordinate with each appropriate local,
 2620  state, or federal agency to determine if adequate provisions
 2621  have been made to protect those species in accordance with
 2622  applicable regulations. In determining the adequacy of
 2623  provisions for the protection of listed species and their
 2624  habitats, the rural land stewardship area shall be considered as
 2625  a whole, and the impacts to areas to be developed as receiving
 2626  areas shall be considered together with the environmental
 2627  benefits of areas protected as sending areas in fulfilling this
 2628  criteria.
 2629         6. Upon the adoption of a plan amendment creating a rural
 2630  land stewardship area, the local government shall, by ordinance,
 2631  establish the methodology for the creation, conveyance, and use
 2632  of transferable rural land use credits, otherwise referred to as
 2633  stewardship credits, the application of which shall not
 2634  constitute a right to develop land, nor increase density of
 2635  land, except as provided by this section. The total amount of
 2636  transferable rural land use credits within the rural land
 2637  stewardship area must enable the realization of the long-term
 2638  vision and goals for the 25-year or greater projected population
 2639  of the rural land stewardship area, which may take into
 2640  consideration the anticipated effect of the proposed receiving
 2641  areas. Transferable rural land use credits are subject to the
 2642  following limitations:
 2643         a. Transferable rural land use credits may only exist
 2644  within a rural land stewardship area.
 2645         b. Transferable rural land use credits may only be used on
 2646  lands designated as receiving areas and then solely for the
 2647  purpose of implementing innovative planning and development
 2648  strategies and creative land use planning techniques adopted by
 2649  the local government pursuant to this section.
 2650         c. Transferable rural land use credits assigned to a parcel
 2651  of land within a rural land stewardship area shall cease to
 2652  exist if the parcel of land is removed from the rural land
 2653  stewardship area by plan amendment.
 2654         d. Neither the creation of the rural land stewardship area
 2655  by plan amendment nor the assignment of transferable rural land
 2656  use credits by the local government shall operate to displace
 2657  the underlying density of land uses assigned to a parcel of land
 2658  within the rural land stewardship area; however, if transferable
 2659  rural land use credits are transferred from a parcel for use
 2660  within a designated receiving area, the underlying density
 2661  assigned to the parcel of land shall cease to exist.
 2662         e. The underlying density on each parcel of land located
 2663  within a rural land stewardship area shall not be increased or
 2664  decreased by the local government, except as a result of the
 2665  conveyance or use of transferable rural land use credits, as
 2666  long as the parcel remains within the rural land stewardship
 2667  area.
 2668         f. Transferable rural land use credits shall cease to exist
 2669  on a parcel of land where the underlying density assigned to the
 2670  parcel of land is utilized.
 2671         g. An increase in the density of use on a parcel of land
 2672  located within a designated receiving area may occur only
 2673  through the assignment or use of transferable rural land use
 2674  credits and shall not require a plan amendment.
 2675         h. A change in the density of land use on parcels located
 2676  within receiving areas shall be specified in a development order
 2677  which reflects the total number of transferable rural land use
 2678  credits assigned to the parcel of land and the infrastructure
 2679  and support services necessary to provide for a functional mix
 2680  of land uses corresponding to the plan of development.
 2681         i. Land within a rural land stewardship area may be removed
 2682  from the rural land stewardship area through a plan amendment.
 2683         j. Transferable rural land use credits may be assigned at
 2684  different ratios of credits per acre according to the natural
 2685  resource or other beneficial use characteristics of the land and
 2686  according to the land use remaining following the transfer of
 2687  credits, with the highest number of credits per acre assigned to
 2688  the most environmentally valuable land or, in locations where
 2689  the retention of open space and agricultural land is a priority,
 2690  to such lands.
 2691         k. The use or conveyance of transferable rural land use
 2692  credits must be recorded in the public records of the county in
 2693  which the property is located as a covenant or restrictive
 2694  easement running with the land in favor of the county and either
 2695  the Department of Environmental Protection, Department of
 2696  Agriculture and Consumer Services, a water management district,
 2697  or a recognized statewide land trust.
 2698         7. Owners of land within rural land stewardship areas
 2699  should be provided incentives to enter into rural land
 2700  stewardship agreements, pursuant to existing law and rules
 2701  adopted thereto, with state agencies, water management
 2702  districts, and local governments to achieve mutually agreed upon
 2703  conservation objectives. Such incentives may include, but not be
 2704  limited to, the following:
 2705         a. Opportunity to accumulate transferable mitigation
 2706  credits.
 2707         b. Extended permit agreements.
 2708         c. Opportunities for recreational leases and ecotourism.
 2709         d. Payment for specified land management services on
 2710  publicly owned land, or property under covenant or restricted
 2711  easement in favor of a public entity.
 2712         e. Option agreements for sale to public entities or private
 2713  land conservation entities, in either fee or easement, upon
 2714  achievement of conservation objectives.
 2715         8. The department shall report to the Legislature on an
 2716  annual basis on the results of implementation of rural land
 2717  stewardship areas authorized by the department, including
 2718  successes and failures in achieving the intent of the
 2719  Legislature as expressed in this paragraph.
 2720         (e) The Legislature finds that mixed-use, high-density
 2721  development is appropriate for urban infill and redevelopment
 2722  areas. Mixed-use projects accommodate a variety of uses,
 2723  including residential and commercial, and usually at higher
 2724  densities that promote pedestrian-friendly, sustainable
 2725  communities. The Legislature recognizes that mixed-use, high
 2726  density development improves the quality of life for residents
 2727  and businesses in urban areas. The Legislature finds that mixed
 2728  use, high-density redevelopment and infill benefits residents by
 2729  creating a livable community with alternative modes of
 2730  transportation. Furthermore, the Legislature finds that local
 2731  zoning ordinances often discourage mixed-use, high-density
 2732  development in areas that are appropriate for urban infill and
 2733  redevelopment. The Legislature intends to discourage single-use
 2734  zoning in urban areas which often leads to lower-density, land
 2735  intensive development outside an urban service area. Therefore,
 2736  the Department of Community Affairs shall provide technical
 2737  assistance to local governments in order to encourage mixed-use,
 2738  high-density urban infill and redevelopment projects.
 2739         (f) The Legislature finds that a program for the transfer
 2740  of development rights is a useful tool to preserve historic
 2741  buildings and create public open spaces in urban areas. A
 2742  program for the transfer of development rights allows the
 2743  transfer of density credits from historic properties and public
 2744  open spaces to areas designated for high-density development.
 2745  The Legislature recognizes that high-density development is
 2746  integral to the success of many urban infill and redevelopment
 2747  projects. The Legislature intends to encourage high-density
 2748  urban infill and redevelopment while preserving historic
 2749  structures and open spaces. Therefore, the Department of
 2750  Community Affairs shall provide technical assistance to local
 2751  governments in order to promote the transfer of development
 2752  rights within urban areas for high-density infill and
 2753  redevelopment projects.
 2754         (g) The implementation of this subsection shall be subject
 2755  to the provisions of this chapter, chapters 186 and 187, and
 2756  applicable agency rules.
 2757         (h) The department may adopt rules necessary to implement
 2758  the provisions of this subsection.
 2759         (12) A public school facilities element adopted to
 2760  implement a school concurrency program shall meet the
 2761  requirements of this subsection. Each county and each
 2762  municipality within the county, unless exempt or subject to a
 2763  waiver, must adopt a public school facilities element that is
 2764  consistent with those adopted by the other local governments
 2765  within the county and enter the interlocal agreement pursuant to
 2766  s. 163.31777.
 2767         (a) The state land planning agency may provide a waiver to
 2768  a county and to the municipalities within the county if the
 2769  capacity rate for all schools within the school district is no
 2770  greater than 100 percent and the projected 5-year capital outlay
 2771  full-time equivalent student growth rate is less than 10
 2772  percent. The state land planning agency may allow for a
 2773  projected 5-year capital outlay full-time equivalent student
 2774  growth rate to exceed 10 percent when the projected 10-year
 2775  capital outlay full-time equivalent student enrollment is less
 2776  than 2,000 students and the capacity rate for all schools within
 2777  the school district in the tenth year will not exceed the 100
 2778  percent limitation. The state land planning agency may allow for
 2779  a single school to exceed the 100-percent limitation if it can
 2780  be demonstrated that the capacity rate for that single school is
 2781  not greater than 105 percent. In making this determination, the
 2782  state land planning agency shall consider the following
 2783  criteria:
 2784         1. Whether the exceedance is due to temporary
 2785  circumstances;
 2786         2. Whether the projected 5-year capital outlay full time
 2787  equivalent student growth rate for the school district is
 2788  approaching the 10-percent threshold;
 2789         3. Whether one or more additional schools within the school
 2790  district are at or approaching the 100-percent threshold; and
 2791         4. The adequacy of the data and analysis submitted to
 2792  support the waiver request.
 2793         (b) A municipality in a nonexempt county is exempt if the
 2794  municipality meets all of the following criteria for having no
 2795  significant impact on school attendance:
 2796         1. The municipality has issued development orders for fewer
 2797  than 50 residential dwelling units during the preceding 5 years,
 2798  or the municipality has generated fewer than 25 additional
 2799  public school students during the preceding 5 years.
 2800         2. The municipality has not annexed new land during the
 2801  preceding 5 years in land use categories that permit residential
 2802  uses that will affect school attendance rates.
 2803         3. The municipality has no public schools located within
 2804  its boundaries.
 2805         (c) A public school facilities element shall be based upon
 2806  data and analyses that address, among other items, how level-of
 2807  service standards will be achieved and maintained. Such data and
 2808  analyses must include, at a minimum, such items as: the
 2809  interlocal agreement adopted pursuant to s. 163.31777 and the 5
 2810  year school district facilities work program adopted pursuant to
 2811  s. 1013.35; the educational plant survey prepared pursuant to s.
 2812  1013.31 and an existing educational and ancillary plant map or
 2813  map series; information on existing development and development
 2814  anticipated for the next 5 years and the long-term planning
 2815  period; an analysis of problems and opportunities for existing
 2816  schools and schools anticipated in the future; an analysis of
 2817  opportunities to collocate future schools with other public
 2818  facilities such as parks, libraries, and community centers; an
 2819  analysis of the need for supporting public facilities for
 2820  existing and future schools; an analysis of opportunities to
 2821  locate schools to serve as community focal points; projected
 2822  future population and associated demographics, including
 2823  development patterns year by year for the upcoming 5-year and
 2824  long-term planning periods; and anticipated educational and
 2825  ancillary plants with land area requirements.
 2826         (d) The element shall contain one or more goals which
 2827  establish the long-term end toward which public school programs
 2828  and activities are ultimately directed.
 2829         (e) The element shall contain one or more objectives for
 2830  each goal, setting specific, measurable, intermediate ends that
 2831  are achievable and mark progress toward the goal.
 2832         (f) The element shall contain one or more policies for each
 2833  objective which establish the way in which programs and
 2834  activities will be conducted to achieve an identified goal.
 2835         (g) The objectives and policies shall address items such
 2836  as:
 2837         1. The procedure for an annual update process;
 2838         2. The procedure for school site selection;
 2839         3. The procedure for school permitting;
 2840         4. Provision for infrastructure necessary to support
 2841  proposed schools, including potable water, wastewater, drainage,
 2842  solid waste, transportation, and means by which to assure safe
 2843  access to schools, including sidewalks, bicycle paths, turn
 2844  lanes, and signalization;
 2845         5. Provision for colocation of other public facilities,
 2846  such as parks, libraries, and community centers, in proximity to
 2847  public schools;
 2848         6. Provision for location of schools proximate to
 2849  residential areas and to complement patterns of development,
 2850  including the location of future school sites so they serve as
 2851  community focal points;
 2852         7. Measures to ensure compatibility of school sites and
 2853  surrounding land uses;
 2854         8. Coordination with adjacent local governments and the
 2855  school district on emergency preparedness issues, including the
 2856  use of public schools to serve as emergency shelters; and
 2857         9. Coordination with the future land use element.
 2858         (h) The element shall include one or more future conditions
 2859  maps which depict the anticipated location of educational and
 2860  ancillary plants, including the general location of improvements
 2861  to existing schools or new schools anticipated over the 5-year
 2862  or long-term planning period. The maps will of necessity be
 2863  general for the long-term planning period and more specific for
 2864  the 5-year period. Maps indicating general locations of future
 2865  schools or school improvements may not prescribe a land use on a
 2866  particular parcel of land.
 2867         (i) The state land planning agency shall establish a phased
 2868  schedule for adoption of the public school facilities element
 2869  and the required updates to the public schools interlocal
 2870  agreement pursuant to s. 163.31777. The schedule shall provide
 2871  for each county and local government within the county to adopt
 2872  the element and update to the agreement no later than December
 2873  1, 2008. Plan amendments to adopt a public school facilities
 2874  element are exempt from the provisions of s. 163.3187(1).
 2875         (j) The state land planning agency may issue a notice to
 2876  the school board and the local government to show cause why
 2877  sanctions should not be enforced for failure to enter into an
 2878  approved interlocal agreement as required by s. 163.31777 or for
 2879  failure to implement provisions relating to public school
 2880  concurrency. If the state land planning agency finds that
 2881  insufficient cause exists for the school board’s or local
 2882  government’s failure to enter into an approved interlocal
 2883  agreement as required by s. 163.31777 or for the school board’s
 2884  or local government’s failure to implement the provisions
 2885  relating to public school concurrency, the state land planning
 2886  agency shall submit its finding to the Administration Commission
 2887  which may impose on the local government any of the sanctions
 2888  set forth in s. 163.3184(11)(a) and (b) and may impose on the
 2889  district school board any of the sanctions set forth in s.
 2890  1008.32(4).
 2891         (13) Local governments are encouraged to develop a
 2892  community vision that provides for sustainable growth,
 2893  recognizes its fiscal constraints, and protects its natural
 2894  resources. At the request of a local government, the applicable
 2895  regional planning council shall provide assistance in the
 2896  development of a community vision.
 2897         (a) As part of the process of developing a community vision
 2898  under this section, the local government must hold two public
 2899  meetings with at least one of those meetings before the local
 2900  planning agency. Before those public meetings, the local
 2901  government must hold at least one public workshop with
 2902  stakeholder groups such as neighborhood associations, community
 2903  organizations, businesses, private property owners, housing and
 2904  development interests, and environmental organizations.
 2905         (b) The local government must, at a minimum, discuss five
 2906  of the following topics as part of the workshops and public
 2907  meetings required under paragraph (a):
 2908         1. Future growth in the area using population forecasts
 2909  from the Bureau of Economic and Business Research;
 2910         2. Priorities for economic development;
 2911         3. Preservation of open space, environmentally sensitive
 2912  lands, and agricultural lands;
 2913         4. Appropriate areas and standards for mixed-use
 2914  development;
 2915         5. Appropriate areas and standards for high-density
 2916  commercial and residential development;
 2917         6. Appropriate areas and standards for economic development
 2918  opportunities and employment centers;
 2919         7. Provisions for adequate workforce housing;
 2920         8. An efficient, interconnected multimodal transportation
 2921  system; and
 2922         9. Opportunities to create land use patterns that
 2923  accommodate the issues listed in subparagraphs 1.-8.
 2924         (c) As part of the workshops and public meetings, the local
 2925  government must discuss strategies for addressing the topics
 2926  discussed under paragraph (b), including:
 2927         1. Strategies to preserve open space and environmentally
 2928  sensitive lands, and to encourage a healthy agricultural
 2929  economy, including innovative planning and development
 2930  strategies, such as the transfer of development rights;
 2931         2. Incentives for mixed-use development, including
 2932  increased height and intensity standards for buildings that
 2933  provide residential use in combination with office or commercial
 2934  space;
 2935         3. Incentives for workforce housing;
 2936         4. Designation of an urban service boundary pursuant to
 2937  subsection (2); and
 2938         5. Strategies to provide mobility within the community and
 2939  to protect the Strategic Intermodal System, including the
 2940  development of a transportation corridor management plan under
 2941  s. 337.273.
 2942         (d) The community vision must reflect the community’s
 2943  shared concept for growth and development of the community,
 2944  including visual representations depicting the desired land use
 2945  patterns and character of the community during a 10-year
 2946  planning timeframe. The community vision must also take into
 2947  consideration economic viability of the vision and private
 2948  property interests.
 2949         (e) After the workshops and public meetings required under
 2950  paragraph (a) are held, the local government may amend its
 2951  comprehensive plan to include the community vision as a
 2952  component in the plan. This plan amendment must be transmitted
 2953  and adopted pursuant to the procedures in ss. 163.3184 and
 2954  163.3189 at public hearings of the governing body other than
 2955  those identified in paragraph (a).
 2956         (f) Amendments submitted under this subsection are exempt
 2957  from the limitation on the frequency of plan amendments in s.
 2958  163.3187.
 2959         (g) A local government that has developed a community
 2960  vision or completed a visioning process after July 1, 2000, and
 2961  before July 1, 2005, which substantially accomplishes the goals
 2962  set forth in this subsection and the appropriate goals,
 2963  policies, or objectives have been adopted as part of the
 2964  comprehensive plan or reflected in subsequently adopted land
 2965  development regulations and the plan amendment incorporating the
 2966  community vision as a component has been found in compliance is
 2967  eligible for the incentives in s. 163.3184(17).
 2968         (14) Local governments are also encouraged to designate an
 2969  urban service boundary. This area must be appropriate for
 2970  compact, contiguous urban development within a 10-year planning
 2971  timeframe. The urban service area boundary must be identified on
 2972  the future land use map or map series. The local government
 2973  shall demonstrate that the land included within the urban
 2974  service boundary is served or is planned to be served with
 2975  adequate public facilities and services based on the local
 2976  government’s adopted level-of-service standards by adopting a
 2977  10-year facilities plan in the capital improvements element
 2978  which is financially feasible. The local government shall
 2979  demonstrate that the amount of land within the urban service
 2980  boundary does not exceed the amount of land needed to
 2981  accommodate the projected population growth at densities
 2982  consistent with the adopted comprehensive plan within the 10
 2983  year planning timeframe.
 2984         (a) As part of the process of establishing an urban service
 2985  boundary, the local government must hold two public meetings
 2986  with at least one of those meetings before the local planning
 2987  agency. Before those public meetings, the local government must
 2988  hold at least one public workshop with stakeholder groups such
 2989  as neighborhood associations, community organizations,
 2990  businesses, private property owners, housing and development
 2991  interests, and environmental organizations.
 2992         (b)1. After the workshops and public meetings required
 2993  under paragraph (a) are held, the local government may amend its
 2994  comprehensive plan to include the urban service boundary. This
 2995  plan amendment must be transmitted and adopted pursuant to the
 2996  procedures in ss. 163.3184 and 163.3189 at meetings of the
 2997  governing body other than those required under paragraph (a).
 2998         2. This subsection does not prohibit new development
 2999  outside an urban service boundary. However, a local government
 3000  that establishes an urban service boundary under this subsection
 3001  is encouraged to require a full-cost-accounting analysis for any
 3002  new development outside the boundary and to consider the results
 3003  of that analysis when adopting a plan amendment for property
 3004  outside the established urban service boundary.
 3005         (c) Amendments submitted under this subsection are exempt
 3006  from the limitation on the frequency of plan amendments in s.
 3007  163.3187.
 3008         (d) A local government that has adopted an urban service
 3009  boundary before July 1, 2005, which substantially accomplishes
 3010  the goals set forth in this subsection is not required to comply
 3011  with paragraph (a) or subparagraph 1. of paragraph (b) in order
 3012  to be eligible for the incentives under s. 163.3184(17). In
 3013  order to satisfy the provisions of this paragraph, the local
 3014  government must secure a determination from the state land
 3015  planning agency that the urban service boundary adopted before
 3016  July 1, 2005, substantially complies with the criteria of this
 3017  subsection, based on data and analysis submitted by the local
 3018  government to support this determination. The determination by
 3019  the state land planning agency is not subject to administrative
 3020  challenge.
 3021         (7)(15)(a) The Legislature finds that:
 3022         1. There are a number of rural agricultural industrial
 3023  centers in the state that process, produce, or aid in the
 3024  production or distribution of a variety of agriculturally based
 3025  products, including, but not limited to, fruits, vegetables,
 3026  timber, and other crops, and juices, paper, and building
 3027  materials. Rural agricultural industrial centers have a
 3028  significant amount of existing associated infrastructure that is
 3029  used for processing, producing, or distributing agricultural
 3030  products.
 3031         2. Such rural agricultural industrial centers are often
 3032  located within or near communities in which the economy is
 3033  largely dependent upon agriculture and agriculturally based
 3034  products. The centers significantly enhance the economy of such
 3035  communities. However, these agriculturally based communities are
 3036  often socioeconomically challenged and designated as rural areas
 3037  of critical economic concern. If such rural agricultural
 3038  industrial centers are lost and not replaced with other job
 3039  creating enterprises, the agriculturally based communities will
 3040  lose a substantial amount of their economies.
 3041         3. The state has a compelling interest in preserving the
 3042  viability of agriculture and protecting rural agricultural
 3043  communities and the state from the economic upheaval that would
 3044  result from short-term or long-term adverse changes in the
 3045  agricultural economy. To protect these communities and promote
 3046  viable agriculture for the long term, it is essential to
 3047  encourage and permit diversification of existing rural
 3048  agricultural industrial centers by providing for jobs that are
 3049  not solely dependent upon, but are compatible with and
 3050  complement, existing agricultural industrial operations and to
 3051  encourage the creation and expansion of industries that use
 3052  agricultural products in innovative ways. However, the expansion
 3053  and diversification of these existing centers must be
 3054  accomplished in a manner that does not promote urban sprawl into
 3055  surrounding agricultural and rural areas.
 3056         (b) As used in this subsection, the term “rural
 3057  agricultural industrial center” means a developed parcel of land
 3058  in an unincorporated area on which there exists an operating
 3059  agricultural industrial facility or facilities that employ at
 3060  least 200 full-time employees in the aggregate and process and
 3061  prepare for transport a farm product, as defined in s. 163.3162,
 3062  or any biomass material that could be used, directly or
 3063  indirectly, for the production of fuel, renewable energy,
 3064  bioenergy, or alternative fuel as defined by law. The center may
 3065  also include land contiguous to the facility site which is not
 3066  used for the cultivation of crops, but on which other existing
 3067  activities essential to the operation of such facility or
 3068  facilities are located or conducted. The parcel of land must be
 3069  located within, or within 10 miles of, a rural area of critical
 3070  economic concern.
 3071         (c)1. A landowner whose land is located within a rural
 3072  agricultural industrial center may apply for an amendment to the
 3073  local government comprehensive plan for the purpose of
 3074  designating and expanding the existing agricultural industrial
 3075  uses of facilities located within the center or expanding the
 3076  existing center to include industrial uses or facilities that
 3077  are not dependent upon but are compatible with agriculture and
 3078  the existing uses and facilities. A local government
 3079  comprehensive plan amendment under this paragraph must:
 3080         a. Not increase the physical area of the existing rural
 3081  agricultural industrial center by more than 50 percent or 320
 3082  acres, whichever is greater.
 3083         b. Propose a project that would, upon completion, create at
 3084  least 50 new full-time jobs.
 3085         c. Demonstrate that sufficient infrastructure capacity
 3086  exists or will be provided to support the expanded center at the
 3087  level-of-service standards adopted in the local government
 3088  comprehensive plan.
 3089         d. Contain goals, objectives, and policies that will ensure
 3090  that any adverse environmental impacts of the expanded center
 3091  will be adequately addressed and mitigation implemented or
 3092  demonstrate that the local government comprehensive plan
 3093  contains such provisions.
 3094         2. Within 6 months after receiving an application as
 3095  provided in this paragraph, the local government shall transmit
 3096  the application to the state land planning agency for review
 3097  pursuant to this chapter together with any needed amendments to
 3098  the applicable sections of its comprehensive plan to include
 3099  goals, objectives, and policies that provide for the expansion
 3100  of rural agricultural industrial centers and discourage urban
 3101  sprawl in the surrounding areas. Such goals, objectives, and
 3102  policies must promote and be consistent with the findings in
 3103  this subsection. An amendment that meets the requirements of
 3104  this subsection is presumed not to be urban sprawl as defined in
 3105  s. 163.3164 consistent with rule 9J-5.006(5), Florida
 3106  Administrative Code. This presumption may be rebutted by a
 3107  preponderance of the evidence.
 3108         (d) This subsection does not apply to a an optional sector
 3109  plan adopted pursuant to s. 163.3245, a rural land stewardship
 3110  area designated pursuant to s. 163.3248 subsection (11), or any
 3111  comprehensive plan amendment that includes an inland port
 3112  terminal or affiliated port development.
 3113         (e) Nothing in this subsection shall be construed to confer
 3114  the status of rural area of critical economic concern, or any of
 3115  the rights or benefits derived from such status, on any land
 3116  area not otherwise designated as such pursuant to s.
 3117  288.0656(7).
 3118         Section 13. Section 163.31777, Florida Statutes, is amended
 3119  to read:
 3120         163.31777 Public schools interlocal agreement.—
 3121         (1)(a) The county and municipalities located within the
 3122  geographic area of a school district shall enter into an
 3123  interlocal agreement with the district school board which
 3124  jointly establishes the specific ways in which the plans and
 3125  processes of the district school board and the local governments
 3126  are to be coordinated. The interlocal agreements shall be
 3127  submitted to the state land planning agency and the Office of
 3128  Educational Facilities in accordance with a schedule published
 3129  by the state land planning agency.
 3130         (b) The schedule must establish staggered due dates for
 3131  submission of interlocal agreements that are executed by both
 3132  the local government and the district school board, commencing
 3133  on March 1, 2003, and concluding by December 1, 2004, and must
 3134  set the same date for all governmental entities within a school
 3135  district. However, if the county where the school district is
 3136  located contains more than 20 municipalities, the state land
 3137  planning agency may establish staggered due dates for the
 3138  submission of interlocal agreements by these municipalities. The
 3139  schedule must begin with those areas where both the number of
 3140  districtwide capital-outlay full-time-equivalent students equals
 3141  80 percent or more of the current year’s school capacity and the
 3142  projected 5-year student growth is 1,000 or greater, or where
 3143  the projected 5-year student growth rate is 10 percent or
 3144  greater.
 3145         (c) If the student population has declined over the 5-year
 3146  period preceding the due date for submittal of an interlocal
 3147  agreement by the local government and the district school board,
 3148  the local government and the district school board may petition
 3149  the state land planning agency for a waiver of one or more
 3150  requirements of subsection (2). The waiver must be granted if
 3151  the procedures called for in subsection (2) are unnecessary
 3152  because of the school district’s declining school age
 3153  population, considering the district’s 5-year facilities work
 3154  program prepared pursuant to s. 1013.35. The state land planning
 3155  agency may modify or revoke the waiver upon a finding that the
 3156  conditions upon which the waiver was granted no longer exist.
 3157  The district school board and local governments must submit an
 3158  interlocal agreement within 1 year after notification by the
 3159  state land planning agency that the conditions for a waiver no
 3160  longer exist.
 3161         (d) Interlocal agreements between local governments and
 3162  district school boards adopted pursuant to s. 163.3177 before
 3163  the effective date of this section must be updated and executed
 3164  pursuant to the requirements of this section, if necessary.
 3165  Amendments to interlocal agreements adopted pursuant to this
 3166  section must be submitted to the state land planning agency
 3167  within 30 days after execution by the parties for review
 3168  consistent with this section. Local governments and the district
 3169  school board in each school district are encouraged to adopt a
 3170  single interlocal agreement to which all join as parties. The
 3171  state land planning agency shall assemble and make available
 3172  model interlocal agreements meeting the requirements of this
 3173  section and notify local governments and, jointly with the
 3174  Department of Education, the district school boards of the
 3175  requirements of this section, the dates for compliance, and the
 3176  sanctions for noncompliance. The state land planning agency
 3177  shall be available to informally review proposed interlocal
 3178  agreements. If the state land planning agency has not received a
 3179  proposed interlocal agreement for informal review, the state
 3180  land planning agency shall, at least 60 days before the deadline
 3181  for submission of the executed agreement, renotify the local
 3182  government and the district school board of the upcoming
 3183  deadline and the potential for sanctions.
 3184         (2) At a minimum, the interlocal agreement must address
 3185  interlocal-agreement requirements in s. 163.3180(13)(g), except
 3186  for exempt local governments as provided in s. 163.3177(12), and
 3187  must address the following issues:
 3188         (a) A process by which each local government and the
 3189  district school board agree and base their plans on consistent
 3190  projections of the amount, type, and distribution of population
 3191  growth and student enrollment. The geographic distribution of
 3192  jurisdiction-wide growth forecasts is a major objective of the
 3193  process.
 3194         (b) A process to coordinate and share information relating
 3195  to existing and planned public school facilities, including
 3196  school renovations and closures, and local government plans for
 3197  development and redevelopment.
 3198         (c) Participation by affected local governments with the
 3199  district school board in the process of evaluating potential
 3200  school closures, significant renovations to existing schools,
 3201  and new school site selection before land acquisition. Local
 3202  governments shall advise the district school board as to the
 3203  consistency of the proposed closure, renovation, or new site
 3204  with the local comprehensive plan, including appropriate
 3205  circumstances and criteria under which a district school board
 3206  may request an amendment to the comprehensive plan for school
 3207  siting.
 3208         (d) A process for determining the need for and timing of
 3209  onsite and offsite improvements to support new, proposed
 3210  expansion, or redevelopment of existing schools. The process
 3211  must address identification of the party or parties responsible
 3212  for the improvements.
 3213         (e) A process for the school board to inform the local
 3214  government regarding the effect of comprehensive plan amendments
 3215  on school capacity. The capacity reporting must be consistent
 3216  with laws and rules relating to measurement of school facility
 3217  capacity and must also identify how the district school board
 3218  will meet the public school demand based on the facilities work
 3219  program adopted pursuant to s. 1013.35.
 3220         (f) Participation of the local governments in the
 3221  preparation of the annual update to the district school board’s
 3222  5-year district facilities work program and educational plant
 3223  survey prepared pursuant to s. 1013.35.
 3224         (g) A process for determining where and how joint use of
 3225  either school board or local government facilities can be shared
 3226  for mutual benefit and efficiency.
 3227         (h) A procedure for the resolution of disputes between the
 3228  district school board and local governments, which may include
 3229  the dispute resolution processes contained in chapters 164 and
 3230  186.
 3231         (i) An oversight process, including an opportunity for
 3232  public participation, for the implementation of the interlocal
 3233  agreement.
 3234         (3)(a) The Office of Educational Facilities shall submit
 3235  any comments or concerns regarding the executed interlocal
 3236  agreement to the state land planning agency within 30 days after
 3237  receipt of the executed interlocal agreement. The state land
 3238  planning agency shall review the executed interlocal agreement
 3239  to determine whether it is consistent with the requirements of
 3240  subsection (2), the adopted local government comprehensive plan,
 3241  and other requirements of law. Within 60 days after receipt of
 3242  an executed interlocal agreement, the state land planning agency
 3243  shall publish a notice of intent in the Florida Administrative
 3244  Weekly and shall post a copy of the notice on the agency’s
 3245  Internet site. The notice of intent must state whether the
 3246  interlocal agreement is consistent or inconsistent with the
 3247  requirements of subsection (2) and this subsection, as
 3248  appropriate.
 3249         (b) The state land planning agency’s notice is subject to
 3250  challenge under chapter 120; however, an affected person, as
 3251  defined in s. 163.3184(1)(a), has standing to initiate the
 3252  administrative proceeding, and this proceeding is the sole means
 3253  available to challenge the consistency of an interlocal
 3254  agreement required by this section with the criteria contained
 3255  in subsection (2) and this subsection. In order to have
 3256  standing, each person must have submitted oral or written
 3257  comments, recommendations, or objections to the local government
 3258  or the school board before the adoption of the interlocal
 3259  agreement by the school board and local government. The district
 3260  school board and local governments are parties to any such
 3261  proceeding. In this proceeding, when the state land planning
 3262  agency finds the interlocal agreement to be consistent with the
 3263  criteria in subsection (2) and this subsection, the interlocal
 3264  agreement shall be determined to be consistent with subsection
 3265  (2) and this subsection if the local government’s and school
 3266  board’s determination of consistency is fairly debatable. When
 3267  the state planning agency finds the interlocal agreement to be
 3268  inconsistent with the requirements of subsection (2) and this
 3269  subsection, the local government’s and school board’s
 3270  determination of consistency shall be sustained unless it is
 3271  shown by a preponderance of the evidence that the interlocal
 3272  agreement is inconsistent.
 3273         (c) If the state land planning agency enters a final order
 3274  that finds that the interlocal agreement is inconsistent with
 3275  the requirements of subsection (2) or this subsection, it shall
 3276  forward it to the Administration Commission, which may impose
 3277  sanctions against the local government pursuant to s.
 3278  163.3184(11) and may impose sanctions against the district
 3279  school board by directing the Department of Education to
 3280  withhold from the district school board an equivalent amount of
 3281  funds for school construction available pursuant to ss. 1013.65,
 3282  1013.68, 1013.70, and 1013.72.
 3283         (4) If an executed interlocal agreement is not timely
 3284  submitted to the state land planning agency for review, the
 3285  state land planning agency shall, within 15 working days after
 3286  the deadline for submittal, issue to the local government and
 3287  the district school board a Notice to Show Cause why sanctions
 3288  should not be imposed for failure to submit an executed
 3289  interlocal agreement by the deadline established by the agency.
 3290  The agency shall forward the notice and the responses to the
 3291  Administration Commission, which may enter a final order citing
 3292  the failure to comply and imposing sanctions against the local
 3293  government and district school board by directing the
 3294  appropriate agencies to withhold at least 5 percent of state
 3295  funds pursuant to s. 163.3184(11) and by directing the
 3296  Department of Education to withhold from the district school
 3297  board at least 5 percent of funds for school construction
 3298  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 3299  1013.72.
 3300         (5) Any local government transmitting a public school
 3301  element to implement school concurrency pursuant to the
 3302  requirements of s. 163.3180 before the effective date of this
 3303  section is not required to amend the element or any interlocal
 3304  agreement to conform with the provisions of this section if the
 3305  element is adopted prior to or within 1 year after the effective
 3306  date of this section and remains in effect until the county
 3307  conducts its evaluation and appraisal report and identifies
 3308  changes necessary to more fully conform to the provisions of
 3309  this section.
 3310         (6) Except as provided in subsection (7), municipalities
 3311  meeting the exemption criteria in s. 163.3177(12) are exempt
 3312  from the requirements of subsections (1), (2), and (3).
 3313         (7) At the time of the evaluation and appraisal report,
 3314  each exempt municipality shall assess the extent to which it
 3315  continues to meet the criteria for exemption under s.
 3316  163.3177(12). If the municipality continues to meet these
 3317  criteria, the municipality shall continue to be exempt from the
 3318  interlocal-agreement requirement. Each municipality exempt under
 3319  s. 163.3177(12) must comply with the provisions of this section
 3320  within 1 year after the district school board proposes, in its
 3321  5-year district facilities work program, a new school within the
 3322  municipality’s jurisdiction.
 3323         Section 14. Subsection (9) of section 163.3178, Florida
 3324  Statutes, is amended to read:
 3325         163.3178 Coastal management.—
 3326         (9)(a) Local governments may elect to comply with rule 9J
 3327  5.012(3)(b)6. and 7., Florida Administrative Code, through the
 3328  process provided in this section. A proposed comprehensive plan
 3329  amendment shall be found in compliance with state coastal high
 3330  hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
 3331  Florida Administrative Code, if:
 3332         1. The adopted level of service for out-of-county hurricane
 3333  evacuation is maintained for a category 5 storm event as
 3334  measured on the Saffir-Simpson scale;
 3335         2. A 12-hour evacuation time to shelter is maintained for a
 3336  category 5 storm event as measured on the Saffir-Simpson scale
 3337  and shelter space reasonably expected to accommodate the
 3338  residents of the development contemplated by a proposed
 3339  comprehensive plan amendment is available; or
 3340         3. Appropriate mitigation is provided that will satisfy the
 3341  provisions of subparagraph 1. or subparagraph 2. Appropriate
 3342  mitigation shall include, without limitation, payment of money,
 3343  contribution of land, and construction of hurricane shelters and
 3344  transportation facilities. Required mitigation shall not exceed
 3345  the amount required for a developer to accommodate impacts
 3346  reasonably attributable to development. A local government and a
 3347  developer shall enter into a binding agreement to memorialize
 3348  the mitigation plan.
 3349         (b) For those local governments that have not established a
 3350  level of service for out-of-county hurricane evacuation by July
 3351  1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,
 3352  Florida Administrative Code, by following the process in
 3353  paragraph (a), the level of service shall be no greater than 16
 3354  hours for a category 5 storm event as measured on the Saffir
 3355  Simpson scale.
 3356         (c) This subsection shall become effective immediately and
 3357  shall apply to all local governments. No later than July 1,
 3358  2008, local governments shall amend their future land use map
 3359  and coastal management element to include the new definition of
 3360  coastal high-hazard area and to depict the coastal high-hazard
 3361  area on the future land use map.
 3362         Section 15. Section 163.3180, Florida Statutes, is amended
 3363  to read:
 3364         163.3180 Concurrency.—
 3365         (1)(a) Sanitary sewer, solid waste, drainage, and potable
 3366  water, parks and recreation, schools, and transportation
 3367  facilities, including mass transit, where applicable, are the
 3368  only public facilities and services subject to the concurrency
 3369  requirement on a statewide basis. Additional public facilities
 3370  and services may not be made subject to concurrency on a
 3371  statewide basis without appropriate study and approval by the
 3372  Legislature; however, any local government may extend the
 3373  concurrency requirement so that it applies to additional public
 3374  facilities within its jurisdiction. If concurrency is applied to
 3375  other public facilities, the local government comprehensive plan
 3376  must provide the principles, guidelines, standards, and
 3377  strategies, including adopted levels of service, to guide its
 3378  application. In order for a local government to rescind any
 3379  optional concurrency provisions, a comprehensive plan amendment
 3380  is required. An amendment rescinding optional concurrency issues
 3381  is not subject to state review. The local government
 3382  comprehensive plan must demonstrate, for required or optional
 3383  concurrency requirements, that the levels of service adopted can
 3384  be reasonably met. Infrastructure needed to ensure that adopted
 3385  level-of-service standards are achieved and maintained for the
 3386  5-year period of the capital improvement schedule must be
 3387  identified pursuant to the requirements of s. 163.3177(3).
 3388         (b) Local governments shall use professionally accepted
 3389  techniques for measuring level of service for automobiles,
 3390  bicycles, pedestrians, transit, and trucks. These techniques may
 3391  be used to evaluate increased accessibility by multiple modes
 3392  and reductions in vehicle miles of travel in an area or zone.
 3393  The Department of Transportation shall develop methodologies to
 3394  assist local governments in implementing this multimodal level
 3395  of-service analysis. The Department of Community Affairs and the
 3396  Department of Transportation shall provide technical assistance
 3397  to local governments in applying these methodologies.
 3398         (2)(a) Consistent with public health and safety, sanitary
 3399  sewer, solid waste, drainage, adequate water supplies, and
 3400  potable water facilities shall be in place and available to
 3401  serve new development no later than the issuance by the local
 3402  government of a certificate of occupancy or its functional
 3403  equivalent. Prior to approval of a building permit or its
 3404  functional equivalent, the local government shall consult with
 3405  the applicable water supplier to determine whether adequate
 3406  water supplies to serve the new development will be available no
 3407  later than the anticipated date of issuance by the local
 3408  government of a certificate of occupancy or its functional
 3409  equivalent. A local government may meet the concurrency
 3410  requirement for sanitary sewer through the use of onsite sewage
 3411  treatment and disposal systems approved by the Department of
 3412  Health to serve new development.
 3413         (b) Consistent with the public welfare, and except as
 3414  otherwise provided in this section, parks and recreation
 3415  facilities to serve new development shall be in place or under
 3416  actual construction no later than 1 year after issuance by the
 3417  local government of a certificate of occupancy or its functional
 3418  equivalent. However, the acreage for such facilities shall be
 3419  dedicated or be acquired by the local government prior to
 3420  issuance by the local government of a certificate of occupancy
 3421  or its functional equivalent, or funds in the amount of the
 3422  developer’s fair share shall be committed no later than the
 3423  local government’s approval to commence construction.
 3424         (c) Consistent with the public welfare, and except as
 3425  otherwise provided in this section, transportation facilities
 3426  needed to serve new development shall be in place or under
 3427  actual construction within 3 years after the local government
 3428  approves a building permit or its functional equivalent that
 3429  results in traffic generation.
 3430         (3) Governmental entities that are not responsible for
 3431  providing, financing, operating, or regulating public facilities
 3432  needed to serve development may not establish binding level-of
 3433  service standards on governmental entities that do bear those
 3434  responsibilities. This subsection does not limit the authority
 3435  of any agency to recommend or make objections, recommendations,
 3436  comments, or determinations during reviews conducted under s.
 3437  163.3184.
 3438         (4)(a) The concurrency requirement as implemented in local
 3439  comprehensive plans applies to state and other public facilities
 3440  and development to the same extent that it applies to all other
 3441  facilities and development, as provided by law.
 3442         (b) The concurrency requirement as implemented in local
 3443  comprehensive plans does not apply to public transit facilities.
 3444  For the purposes of this paragraph, public transit facilities
 3445  include transit stations and terminals; transit station parking;
 3446  park-and-ride lots; intermodal public transit connection or
 3447  transfer facilities; fixed bus, guideway, and rail stations; and
 3448  airport passenger terminals and concourses, air cargo
 3449  facilities, and hangars for the assembly, manufacture,
 3450  maintenance, or storage of aircraft. As used in this paragraph,
 3451  the terms “terminals” and “transit facilities” do not include
 3452  seaports or commercial or residential development constructed in
 3453  conjunction with a public transit facility.
 3454         (c) The concurrency requirement, except as it relates to
 3455  transportation facilities and public schools, as implemented in
 3456  local government comprehensive plans, may be waived by a local
 3457  government for urban infill and redevelopment areas designated
 3458  pursuant to s. 163.2517 if such a waiver does not endanger
 3459  public health or safety as defined by the local government in
 3460  its local government comprehensive plan. The waiver shall be
 3461  adopted as a plan amendment pursuant to the process set forth in
 3462  s. 163.3187(3)(a). A local government may grant a concurrency
 3463  exception pursuant to subsection (5) for transportation
 3464  facilities located within these urban infill and redevelopment
 3465  areas.
 3466         (5)(a) If concurrency is applied to transportation
 3467  facilities, the local government comprehensive plan must provide
 3468  the principles, guidelines, standards, and strategies, including
 3469  adopted levels of service to guide its application.
 3470         (b) Local governments shall use professionally accepted
 3471  studies to determine appropriate levels of service, which shall
 3472  be based on a schedule of facilities that will be necessary to
 3473  meet level-of-service demands reflected in the capital
 3474  improvement element.
 3475         (c) Local governments shall use professionally accepted
 3476  techniques for measuring levels of service when evaluating
 3477  potential impacts of a proposed development.
 3478         (d) The premise of concurrency is that the public
 3479  facilities will be provided in order to achieve and maintain the
 3480  adopted level-of-service standard. A comprehensive plan that
 3481  imposes transportation concurrency shall contain appropriate
 3482  amendments to the capital improvements element of the
 3483  comprehensive plan, consistent with the requirements of s.
 3484  163.3177(3). The capital improvements element shall identify
 3485  facilities necessary to meet adopted levels of service during a
 3486  5-year period.
 3487         (e) If a local government applies transportation
 3488  concurrency in its jurisdiction, it is encouraged to develop
 3489  policy guidelines and techniques to address potential negative
 3490  impacts on future development:
 3491         1. In urban infill and redevelopment and urban service
 3492  areas.
 3493         2. With special part-time demands on the transportation
 3494  system.
 3495         3. With de minimis impacts.
 3496         4. On community desired types of development, such as
 3497  redevelopment or job-creation projects.
 3498         (f) Local governments are encouraged to develop tools and
 3499  techniques to complement the application of transportation
 3500  concurrency such as:
 3501         1. Adoption of long-term strategies to facilitate
 3502  development patterns that support multimodal solutions,
 3503  including urban design and appropriate land use mixes, including
 3504  intensity and density.
 3505         2. Adoption of an areawide level of service not dependent
 3506  on any single road segment function.
 3507         3. Exempting or discounting impacts of locally desired
 3508  development, such as development in urban areas, redevelopment,
 3509  job creation, and mixed use on the transportation system.
 3510         4. Assigning secondary priority to vehicle mobility and
 3511  primary priority to ensuring a safe, comfortable, and attractive
 3512  pedestrian environment, with convenient interconnection to
 3513  transit.
 3514         5. Establishing multimodal level-of-service standards that
 3515  rely primarily on nonvehicular modes of transportation where
 3516  existing or planned community design will provide adequate level
 3517  of mobility.
 3518         6. Reducing impact fees or local access fees to promote
 3519  development within urban areas, multimodal transportation
 3520  districts, and a balance of mixed use development in certain
 3521  areas or districts, or for affordable or workforce housing.
 3522         (g) Local governments are encouraged to coordinate with
 3523  adjacent local governments for the purpose of using common
 3524  methodologies for measuring impacts on transportation
 3525  facilities.
 3526         (h) Local governments that implement transportation
 3527  concurrency must:
 3528         1. Consult with the Department of Transportation when
 3529  proposed plan amendments affect facilities on the strategic
 3530  intermodal system.
 3531         2. Exempt public transit facilities from concurrency. For
 3532  the purposes of this subparagraph, public transit facilities
 3533  include transit stations and terminals; transit station parking;
 3534  park-and-ride lots; intermodal public transit connection or
 3535  transfer facilities; fixed bus, guideway, and rail stations; and
 3536  airport passenger terminals and concourses, air cargo
 3537  facilities, and hangars for the assembly, manufacture,
 3538  maintenance, or storage of aircraft. As used in this
 3539  subparagraph, the terms “terminals” and “transit facilities” do
 3540  not include seaports or commercial or residential development
 3541  constructed in conjunction with a public transit facility.
 3542         3. Allow an applicant for a development of regional impact
 3543  development order, a rezoning, or other land use development
 3544  permit to satisfy the transportation concurrency requirements of
 3545  the local comprehensive plan, the local government’s concurrency
 3546  management system, and s. 380.06, when applicable, if:
 3547         a. The applicant enters into a binding agreement to pay for
 3548  or construct its proportionate share of required improvements.
 3549         b. The proportionate-share contribution or construction is
 3550  sufficient to accomplish one or more mobility improvements that
 3551  will benefit a regionally significant transportation facility.
 3552         c. The local government has provided a means by which the
 3553  landowner will be assessed a proportionate share of the cost of
 3554  providing the transportation facilities necessary to serve the
 3555  proposed development.
 3556  
 3557  When an applicant contributes or constructs its proportionate
 3558  share, pursuant to this subparagraph, a local government may not
 3559  require payment or construction of transportation facilities
 3560  whose costs would be greater than a development’s proportionate
 3561  share of the improvements necessary to mitigate the
 3562  development’s impacts. The proportionate-share contribution
 3563  shall be calculated based upon the number of trips from the
 3564  proposed development expected to reach roadways during the peak
 3565  hour from the stage or phase being approved, divided by the
 3566  change in the peak hour maximum service volume of roadways
 3567  resulting from construction of an improvement necessary to
 3568  maintain or achieve the adopted level of service, multiplied by
 3569  the construction cost, at the time of developer payment, of the
 3570  improvement necessary to maintain or achieve the adopted level
 3571  of service. In using the proportionate-share formula provided in
 3572  this paragraph, the applicant, in its traffic analysis, shall
 3573  establish those roads or facilities that have a transportation
 3574  deficiency in accordance with the transportation deficiency
 3575  definition provided in paragraph (b). The proportionate share
 3576  formula provided in this paragraph shall be applied only to
 3577  those transportation facilities that are determined to be
 3578  significantly and adversely impacted by the project traffic
 3579  under review. If any road is determined to be transportation
 3580  deficient without the project traffic under review, the costs of
 3581  that said deficiency shall be removed from the project’s
 3582  proportionate share calculation. The identified improvement to
 3583  correct the said transportation deficiency is the funding
 3584  responsibility of the entity that has maintenance responsibility
 3585  for the facility. If additional improvements, beyond those
 3586  improvements necessary to correct the existing or projected
 3587  deficiency, would be needed for an identified deficient
 3588  facility, the necessary transportation improvements to correct
 3589  the said deficiency shall be considered to be in place for
 3590  purposes of the proportionate share calculation. The
 3591  development’s proportionate share shall be calculated only for
 3592  the needed transportation improvements that are greater than the
 3593  identified deficiency. In projecting the number of trips to be
 3594  generated by the development under review, any trips assigned to
 3595  a toll-financed facility shall be eliminated from the analysis.
 3596         (a) The Legislature finds that under limited circumstances,
 3597  countervailing planning and public policy goals may come into
 3598  conflict with the requirement that adequate public
 3599  transportation facilities and services be available concurrent
 3600  with the impacts of such development. The Legislature further
 3601  finds that the unintended result of the concurrency requirement
 3602  for transportation facilities is often the discouragement of
 3603  urban infill development and redevelopment. Such unintended
 3604  results directly conflict with the goals and policies of the
 3605  state comprehensive plan and the intent of this part. The
 3606  Legislature also finds that in urban centers transportation
 3607  cannot be effectively managed and mobility cannot be improved
 3608  solely through the expansion of roadway capacity, that the
 3609  expansion of roadway capacity is not always physically or
 3610  financially possible, and that a range of transportation
 3611  alternatives is essential to satisfy mobility needs, reduce
 3612  congestion, and achieve healthy, vibrant centers.
 3613         (b)1. The following are transportation concurrency
 3614  exception areas:
 3615         a. A municipality that qualifies as a dense urban land area
 3616  under s. 163.3164;
 3617         b. An urban service area under s. 163.3164 that has been
 3618  adopted into the local comprehensive plan and is located within
 3619  a county that qualifies as a dense urban land area under s.
 3620  163.3164; and
 3621         c. A county, including the municipalities located therein,
 3622  which has a population of at least 900,000 and qualifies as a
 3623  dense urban land area under s. 163.3164, but does not have an
 3624  urban service area designated in the local comprehensive plan.
 3625         2. A municipality that does not qualify as a dense urban
 3626  land area pursuant to s. 163.3164 may designate in its local
 3627  comprehensive plan the following areas as transportation
 3628  concurrency exception areas:
 3629         a. Urban infill as defined in s. 163.3164;
 3630         b. Community redevelopment areas as defined in s. 163.340;
 3631         c. Downtown revitalization areas as defined in s. 163.3164;
 3632         d. Urban infill and redevelopment under s. 163.2517; or
 3633         e. Urban service areas as defined in s. 163.3164 or areas
 3634  within a designated urban service boundary under s.
 3635  163.3177(14).
 3636         3. A county that does not qualify as a dense urban land
 3637  area pursuant to s. 163.3164 may designate in its local
 3638  comprehensive plan the following areas as transportation
 3639  concurrency exception areas:
 3640         a. Urban infill as defined in s. 163.3164;
 3641         b. Urban infill and redevelopment under s. 163.2517; or
 3642         c. Urban service areas as defined in s. 163.3164.
 3643         4. A local government that has a transportation concurrency
 3644  exception area designated pursuant to subparagraph 1.,
 3645  subparagraph 2., or subparagraph 3. shall, within 2 years after
 3646  the designated area becomes exempt, adopt into its local
 3647  comprehensive plan land use and transportation strategies to
 3648  support and fund mobility within the exception area, including
 3649  alternative modes of transportation. Local governments are
 3650  encouraged to adopt complementary land use and transportation
 3651  strategies that reflect the region’s shared vision for its
 3652  future. If the state land planning agency finds insufficient
 3653  cause for the failure to adopt into its comprehensive plan land
 3654  use and transportation strategies to support and fund mobility
 3655  within the designated exception area after 2 years, it shall
 3656  submit the finding to the Administration Commission, which may
 3657  impose any of the sanctions set forth in s. 163.3184(11)(a) and
 3658  (b) against the local government.
 3659         5. Transportation concurrency exception areas designated
 3660  pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
 3661  do not apply to designated transportation concurrency districts
 3662  located within a county that has a population of at least 1.5
 3663  million, has implemented and uses a transportation-related
 3664  concurrency assessment to support alternative modes of
 3665  transportation, including, but not limited to, mass transit, and
 3666  does not levy transportation impact fees within the concurrency
 3667  district.
 3668         6. Transportation concurrency exception areas designated
 3669  under subparagraph 1., subparagraph 2., or subparagraph 3. do
 3670  not apply in any county that has exempted more than 40 percent
 3671  of the area inside the urban service area from transportation
 3672  concurrency for the purpose of urban infill.
 3673         7. A local government that does not have a transportation
 3674  concurrency exception area designated pursuant to subparagraph
 3675  1., subparagraph 2., or subparagraph 3. may grant an exception
 3676  from the concurrency requirement for transportation facilities
 3677  if the proposed development is otherwise consistent with the
 3678  adopted local government comprehensive plan and is a project
 3679  that promotes public transportation or is located within an area
 3680  designated in the comprehensive plan for:
 3681         a. Urban infill development;
 3682         b. Urban redevelopment;
 3683         c. Downtown revitalization;
 3684         d. Urban infill and redevelopment under s. 163.2517; or
 3685         e. An urban service area specifically designated as a
 3686  transportation concurrency exception area which includes lands
 3687  appropriate for compact, contiguous urban development, which
 3688  does not exceed the amount of land needed to accommodate the
 3689  projected population growth at densities consistent with the
 3690  adopted comprehensive plan within the 10-year planning period,
 3691  and which is served or is planned to be served with public
 3692  facilities and services as provided by the capital improvements
 3693  element.
 3694         (c) The Legislature also finds that developments located
 3695  within urban infill, urban redevelopment, urban service, or
 3696  downtown revitalization areas or areas designated as urban
 3697  infill and redevelopment areas under s. 163.2517, which pose
 3698  only special part-time demands on the transportation system, are
 3699  exempt from the concurrency requirement for transportation
 3700  facilities. A special part-time demand is one that does not have
 3701  more than 200 scheduled events during any calendar year and does
 3702  not affect the 100 highest traffic volume hours.
 3703         (d) Except for transportation concurrency exception areas
 3704  designated pursuant to subparagraph (b)1., subparagraph (b)2.,
 3705  or subparagraph (b)3., the following requirements apply:
 3706         1. The local government shall both adopt into the
 3707  comprehensive plan and implement long-term strategies to support
 3708  and fund mobility within the designated exception area,
 3709  including alternative modes of transportation. The plan
 3710  amendment must also demonstrate how strategies will support the
 3711  purpose of the exception and how mobility within the designated
 3712  exception area will be provided.
 3713         2. The strategies must address urban design; appropriate
 3714  land use mixes, including intensity and density; and network
 3715  connectivity plans needed to promote urban infill,
 3716  redevelopment, or downtown revitalization. The comprehensive
 3717  plan amendment designating the concurrency exception area must
 3718  be accompanied by data and analysis supporting the local
 3719  government’s determination of the boundaries of the
 3720  transportation concurrency exception area.
 3721         (e) Before designating a concurrency exception area
 3722  pursuant to subparagraph (b)7., the state land planning agency
 3723  and the Department of Transportation shall be consulted by the
 3724  local government to assess the impact that the proposed
 3725  exception area is expected to have on the adopted level-of
 3726  service standards established for regional transportation
 3727  facilities identified pursuant to s. 186.507, including the
 3728  Strategic Intermodal System and roadway facilities funded in
 3729  accordance with s. 339.2819. Further, the local government shall
 3730  provide a plan for the mitigation of impacts to the Strategic
 3731  Intermodal System, including, if appropriate, access management,
 3732  parallel reliever roads, transportation demand management, and
 3733  other measures.
 3734         (f) The designation of a transportation concurrency
 3735  exception area does not limit a local government’s home rule
 3736  power to adopt ordinances or impose fees. This subsection does
 3737  not affect any contract or agreement entered into or development
 3738  order rendered before the creation of the transportation
 3739  concurrency exception area except as provided in s.
 3740  380.06(29)(e).
 3741         (g) The Office of Program Policy Analysis and Government
 3742  Accountability shall submit to the President of the Senate and
 3743  the Speaker of the House of Representatives by February 1, 2015,
 3744  a report on transportation concurrency exception areas created
 3745  pursuant to this subsection. At a minimum, the report shall
 3746  address the methods that local governments have used to
 3747  implement and fund transportation strategies to achieve the
 3748  purposes of designated transportation concurrency exception
 3749  areas, and the effects of the strategies on mobility,
 3750  congestion, urban design, the density and intensity of land use
 3751  mixes, and network connectivity plans used to promote urban
 3752  infill, redevelopment, or downtown revitalization.
 3753         (6) The Legislature finds that a de minimis impact is
 3754  consistent with this part. A de minimis impact is an impact that
 3755  would not affect more than 1 percent of the maximum volume at
 3756  the adopted level of service of the affected transportation
 3757  facility as determined by the local government. No impact will
 3758  be de minimis if the sum of existing roadway volumes and the
 3759  projected volumes from approved projects on a transportation
 3760  facility would exceed 110 percent of the maximum volume at the
 3761  adopted level of service of the affected transportation
 3762  facility; provided however, that an impact of a single family
 3763  home on an existing lot will constitute a de minimis impact on
 3764  all roadways regardless of the level of the deficiency of the
 3765  roadway. Further, no impact will be de minimis if it would
 3766  exceed the adopted level-of-service standard of any affected
 3767  designated hurricane evacuation routes. Each local government
 3768  shall maintain sufficient records to ensure that the 110-percent
 3769  criterion is not exceeded. Each local government shall submit
 3770  annually, with its updated capital improvements element, a
 3771  summary of the de minimis records. If the state land planning
 3772  agency determines that the 110-percent criterion has been
 3773  exceeded, the state land planning agency shall notify the local
 3774  government of the exceedance and that no further de minimis
 3775  exceptions for the applicable roadway may be granted until such
 3776  time as the volume is reduced below the 110 percent. The local
 3777  government shall provide proof of this reduction to the state
 3778  land planning agency before issuing further de minimis
 3779  exceptions.
 3780         (7) In order to promote infill development and
 3781  redevelopment, one or more transportation concurrency management
 3782  areas may be designated in a local government comprehensive
 3783  plan. A transportation concurrency management area must be a
 3784  compact geographic area with an existing network of roads where
 3785  multiple, viable alternative travel paths or modes are available
 3786  for common trips. A local government may establish an areawide
 3787  level-of-service standard for such a transportation concurrency
 3788  management area based upon an analysis that provides for a
 3789  justification for the areawide level of service, how urban
 3790  infill development or redevelopment will be promoted, and how
 3791  mobility will be accomplished within the transportation
 3792  concurrency management area. Prior to the designation of a
 3793  concurrency management area, the Department of Transportation
 3794  shall be consulted by the local government to assess the impact
 3795  that the proposed concurrency management area is expected to
 3796  have on the adopted level-of-service standards established for
 3797  Strategic Intermodal System facilities, as defined in s. 339.64,
 3798  and roadway facilities funded in accordance with s. 339.2819.
 3799  Further, the local government shall, in cooperation with the
 3800  Department of Transportation, develop a plan to mitigate any
 3801  impacts to the Strategic Intermodal System, including, if
 3802  appropriate, the development of a long-term concurrency
 3803  management system pursuant to subsection (9) and s.
 3804  163.3177(3)(d). Transportation concurrency management areas
 3805  existing prior to July 1, 2005, shall meet, at a minimum, the
 3806  provisions of this section by July 1, 2006, or at the time of
 3807  the comprehensive plan update pursuant to the evaluation and
 3808  appraisal report, whichever occurs last. The state land planning
 3809  agency shall amend chapter 9J-5, Florida Administrative Code, to
 3810  be consistent with this subsection.
 3811         (8) When assessing the transportation impacts of proposed
 3812  urban redevelopment within an established existing urban service
 3813  area, 110 percent of the actual transportation impact caused by
 3814  the previously existing development must be reserved for the
 3815  redevelopment, even if the previously existing development has a
 3816  lesser or nonexisting impact pursuant to the calculations of the
 3817  local government. Redevelopment requiring less than 110 percent
 3818  of the previously existing capacity shall not be prohibited due
 3819  to the reduction of transportation levels of service below the
 3820  adopted standards. This does not preclude the appropriate
 3821  assessment of fees or accounting for the impacts within the
 3822  concurrency management system and capital improvements program
 3823  of the affected local government. This paragraph does not affect
 3824  local government requirements for appropriate development
 3825  permits.
 3826         (9)(a) Each local government may adopt as a part of its
 3827  plan, long-term transportation and school concurrency management
 3828  systems with a planning period of up to 10 years for specially
 3829  designated districts or areas where significant backlogs exist.
 3830  The plan may include interim level-of-service standards on
 3831  certain facilities and shall rely on the local government’s
 3832  schedule of capital improvements for up to 10 years as a basis
 3833  for issuing development orders that authorize commencement of
 3834  construction in these designated districts or areas. The
 3835  concurrency management system must be designed to correct
 3836  existing deficiencies and set priorities for addressing
 3837  backlogged facilities. The concurrency management system must be
 3838  financially feasible and consistent with other portions of the
 3839  adopted local plan, including the future land use map.
 3840         (b) If a local government has a transportation or school
 3841  facility backlog for existing development which cannot be
 3842  adequately addressed in a 10-year plan, the state land planning
 3843  agency may allow it to develop a plan and long-term schedule of
 3844  capital improvements covering up to 15 years for good and
 3845  sufficient cause, based on a general comparison between that
 3846  local government and all other similarly situated local
 3847  jurisdictions, using the following factors:
 3848         1. The extent of the backlog.
 3849         2. For roads, whether the backlog is on local or state
 3850  roads.
 3851         3. The cost of eliminating the backlog.
 3852         4. The local government’s tax and other revenue-raising
 3853  efforts.
 3854         (c) The local government may issue approvals to commence
 3855  construction notwithstanding this section, consistent with and
 3856  in areas that are subject to a long-term concurrency management
 3857  system.
 3858         (d) If the local government adopts a long-term concurrency
 3859  management system, it must evaluate the system periodically. At
 3860  a minimum, the local government must assess its progress toward
 3861  improving levels of service within the long-term concurrency
 3862  management district or area in the evaluation and appraisal
 3863  report and determine any changes that are necessary to
 3864  accelerate progress in meeting acceptable levels of service.
 3865         (10) Except in transportation concurrency exception areas,
 3866  with regard to roadway facilities on the Strategic Intermodal
 3867  System designated in accordance with s. 339.63, local
 3868  governments shall adopt the level-of-service standard
 3869  established by the Department of Transportation by rule.
 3870  However, if the Office of Tourism, Trade, and Economic
 3871  Development concurs in writing with the local government that
 3872  the proposed development is for a qualified job creation project
 3873  under s. 288.0656 or s. 403.973, the affected local government,
 3874  after consulting with the Department of Transportation, may
 3875  provide for a waiver of transportation concurrency for the
 3876  project. For all other roads on the State Highway System, local
 3877  governments shall establish an adequate level-of-service
 3878  standard that need not be consistent with any level-of-service
 3879  standard established by the Department of Transportation. In
 3880  establishing adequate level-of-service standards for any
 3881  arterial roads, or collector roads as appropriate, which
 3882  traverse multiple jurisdictions, local governments shall
 3883  consider compatibility with the roadway facility’s adopted
 3884  level-of-service standards in adjacent jurisdictions. Each local
 3885  government within a county shall use a professionally accepted
 3886  methodology for measuring impacts on transportation facilities
 3887  for the purposes of implementing its concurrency management
 3888  system. Counties are encouraged to coordinate with adjacent
 3889  counties, and local governments within a county are encouraged
 3890  to coordinate, for the purpose of using common methodologies for
 3891  measuring impacts on transportation facilities for the purpose
 3892  of implementing their concurrency management systems.
 3893         (11) In order to limit the liability of local governments,
 3894  a local government may allow a landowner to proceed with
 3895  development of a specific parcel of land notwithstanding a
 3896  failure of the development to satisfy transportation
 3897  concurrency, when all the following factors are shown to exist:
 3898         (a) The local government with jurisdiction over the
 3899  property has adopted a local comprehensive plan that is in
 3900  compliance.
 3901         (b) The proposed development would be consistent with the
 3902  future land use designation for the specific property and with
 3903  pertinent portions of the adopted local plan, as determined by
 3904  the local government.
 3905         (c) The local plan includes a financially feasible capital
 3906  improvements element that provides for transportation facilities
 3907  adequate to serve the proposed development, and the local
 3908  government has not implemented that element.
 3909         (d) The local government has provided a means by which the
 3910  landowner will be assessed a fair share of the cost of providing
 3911  the transportation facilities necessary to serve the proposed
 3912  development.
 3913         (e) The landowner has made a binding commitment to the
 3914  local government to pay the fair share of the cost of providing
 3915  the transportation facilities to serve the proposed development.
 3916         (12)(a) A development of regional impact may satisfy the
 3917  transportation concurrency requirements of the local
 3918  comprehensive plan, the local government’s concurrency
 3919  management system, and s. 380.06 by payment of a proportionate
 3920  share contribution for local and regionally significant traffic
 3921  impacts, if:
 3922         1. The development of regional impact which, based on its
 3923  location or mix of land uses, is designed to encourage
 3924  pedestrian or other nonautomotive modes of transportation;
 3925         2. The proportionate-share contribution for local and
 3926  regionally significant traffic impacts is sufficient to pay for
 3927  one or more required mobility improvements that will benefit a
 3928  regionally significant transportation facility;
 3929         3. The owner and developer of the development of regional
 3930  impact pays or assures payment of the proportionate-share
 3931  contribution; and
 3932         4. If the regionally significant transportation facility to
 3933  be constructed or improved is under the maintenance authority of
 3934  a governmental entity, as defined by s. 334.03(12), other than
 3935  the local government with jurisdiction over the development of
 3936  regional impact, the developer is required to enter into a
 3937  binding and legally enforceable commitment to transfer funds to
 3938  the governmental entity having maintenance authority or to
 3939  otherwise assure construction or improvement of the facility.
 3940  
 3941  The proportionate-share contribution may be applied to any
 3942  transportation facility to satisfy the provisions of this
 3943  subsection and the local comprehensive plan, but, for the
 3944  purposes of this subsection, the amount of the proportionate
 3945  share contribution shall be calculated based upon the cumulative
 3946  number of trips from the proposed development expected to reach
 3947  roadways during the peak hour from the complete buildout of a
 3948  stage or phase being approved, divided by the change in the peak
 3949  hour maximum service volume of roadways resulting from
 3950  construction of an improvement necessary to maintain the adopted
 3951  level of service, multiplied by the construction cost, at the
 3952  time of developer payment, of the improvement necessary to
 3953  maintain the adopted level of service. For purposes of this
 3954  subsection, “construction cost” includes all associated costs of
 3955  the improvement. Proportionate-share mitigation shall be limited
 3956  to ensure that a development of regional impact meeting the
 3957  requirements of this subsection mitigates its impact on the
 3958  transportation system but is not responsible for the additional
 3959  cost of reducing or eliminating backlogs. This subsection also
 3960  applies to Florida Quality Developments pursuant to s. 380.061
 3961  and to detailed specific area plans implementing optional sector
 3962  plans pursuant to s. 163.3245.
 3963         (b) As used in this subsection, the term “backlog” means a
 3964  facility or facilities on which the adopted level-of-service
 3965  standard is exceeded by the existing trips, plus additional
 3966  projected background trips from any source other than the
 3967  development project under review that are forecast by
 3968  established traffic standards, including traffic modeling,
 3969  consistent with the University of Florida Bureau of Economic and
 3970  Business Research medium population projections. Additional
 3971  projected background trips are to be coincident with the
 3972  particular stage or phase of development under review.
 3973         (13) School concurrency shall be established on a
 3974  districtwide basis and shall include all public schools in the
 3975  district and all portions of the district, whether located in a
 3976  municipality or an unincorporated area unless exempt from the
 3977  public school facilities element pursuant to s. 163.3177(12).
 3978         (6)(a) If concurrency is applied to public education
 3979  facilities, The application of school concurrency to development
 3980  shall be based upon the adopted comprehensive plan, as amended.
 3981  all local governments within a county, except as provided in
 3982  paragraph (i) (f), shall include principles, guidelines,
 3983  standards, and strategies, including adopted levels of service,
 3984  in their comprehensive plans and adopt and transmit to the state
 3985  land planning agency the necessary plan amendments, along with
 3986  the interlocal agreements. If the county and one or more
 3987  municipalities have adopted school concurrency into its
 3988  comprehensive plan and interlocal agreement that represents at
 3989  least 80 percent of the total countywide population, the failure
 3990  of one or more municipalities to adopt the concurrency and enter
 3991  into the interlocal agreement does not preclude implementation
 3992  of school concurrency within the school district agreement, for
 3993  a compliance review pursuant to s. 163.3184(7) and (8). The
 3994  minimum requirements for school concurrency are the following:
 3995         (a) Public school facilities element.—A local government
 3996  shall adopt and transmit to the state land planning agency a
 3997  plan or plan amendment which includes a public school facilities
 3998  element which is consistent with the requirements of s.
 3999  163.3177(12) and which is determined to be in compliance as
 4000  defined in s. 163.3184(1)(b). All local government provisions
 4001  included in comprehensive plans regarding school concurrency
 4002  public school facilities plan elements within a county must be
 4003  consistent with each other as well as the requirements of this
 4004  part.
 4005         (b) Level-of-service standards.—The Legislature recognizes
 4006  that an essential requirement for a concurrency management
 4007  system is the level of service at which a public facility is
 4008  expected to operate.
 4009         1. Local governments and school boards imposing school
 4010  concurrency shall exercise authority in conjunction with each
 4011  other to establish jointly adequate level-of-service standards,
 4012  as defined in chapter 9J-5, Florida Administrative Code,
 4013  necessary to implement the adopted local government
 4014  comprehensive plan, based on data and analysis.
 4015         (c)2. Public school level-of-service standards shall be
 4016  included and adopted into the capital improvements element of
 4017  the local comprehensive plan and shall apply districtwide to all
 4018  schools of the same type. Types of schools may include
 4019  elementary, middle, and high schools as well as special purpose
 4020  facilities such as magnet schools.
 4021         (d)3. Local governments and school boards may shall have
 4022  the option to utilize tiered level-of-service standards to allow
 4023  time to achieve an adequate and desirable level of service as
 4024  circumstances warrant.
 4025         (e)4.For the purpose of determining whether levels of
 4026  service have been achieved, for the first 3 years of school
 4027  concurrency implementation, A school district that includes
 4028  relocatable facilities in its inventory of student stations
 4029  shall include the capacity of such relocatable facilities as
 4030  provided in s. 1013.35(2)(b)2.f., provided the relocatable
 4031  facilities were purchased after 1998 and the relocatable
 4032  facilities meet the standards for long-term use pursuant to s.
 4033  1013.20.
 4034         (c) Service areas.—The Legislature recognizes that an
 4035  essential requirement for a concurrency system is a designation
 4036  of the area within which the level of service will be measured
 4037  when an application for a residential development permit is
 4038  reviewed for school concurrency purposes. This delineation is
 4039  also important for purposes of determining whether the local
 4040  government has a financially feasible public school capital
 4041  facilities program that will provide schools which will achieve
 4042  and maintain the adopted level-of-service standards.
 4043         (f)1. In order to balance competing interests, preserve the
 4044  constitutional concept of uniformity, and avoid disruption of
 4045  existing educational and growth management processes, local
 4046  governments are encouraged, if they elect to adopt school
 4047  concurrency, to initially apply school concurrency to
 4048  development only on a districtwide basis so that a concurrency
 4049  determination for a specific development will be based upon the
 4050  availability of school capacity districtwide. To ensure that
 4051  development is coordinated with schools having available
 4052  capacity, within 5 years after adoption of school concurrency,
 4053         2. If a local government elects to governments shall apply
 4054  school concurrency on a less than districtwide basis, by such as
 4055  using school attendance zones or concurrency service areas:, as
 4056  provided in subparagraph 2.
 4057         a.2.For local governments applying school concurrency on a
 4058  less than districtwide basis, such as utilizing school
 4059  attendance zones or larger school concurrency service areas,
 4060  Local governments and school boards shall have the burden to
 4061  demonstrate that the utilization of school capacity is maximized
 4062  to the greatest extent possible in the comprehensive plan and
 4063  amendment, taking into account transportation costs and court
 4064  approved desegregation plans, as well as other factors. In
 4065  addition, in order to achieve concurrency within the service
 4066  area boundaries selected by local governments and school boards,
 4067  the service area boundaries, together with the standards for
 4068  establishing those boundaries, shall be identified and included
 4069  as supporting data and analysis for the comprehensive plan.
 4070         b.3. Where school capacity is available on a districtwide
 4071  basis but school concurrency is applied on a less than
 4072  districtwide basis in the form of concurrency service areas, if
 4073  the adopted level-of-service standard cannot be met in a
 4074  particular service area as applied to an application for a
 4075  development permit and if the needed capacity for the particular
 4076  service area is available in one or more contiguous service
 4077  areas, as adopted by the local government, then the local
 4078  government may not deny an application for site plan or final
 4079  subdivision approval or the functional equivalent for a
 4080  development or phase of a development on the basis of school
 4081  concurrency, and if issued, development impacts shall be
 4082  subtracted from the shifted to contiguous service area’s areas
 4083  with schools having available capacity totals. Students from the
 4084  development may not be required to go to the adjacent service
 4085  area unless the school board rezones the area in which the
 4086  development occurs.
 4087         (g)(d)Financial feasibility.—The Legislature recognizes
 4088  that financial feasibility is an important issue because The
 4089  premise of concurrency is that the public facilities will be
 4090  provided in order to achieve and maintain the adopted level-of
 4091  service standard. This part and chapter 9J-5, Florida
 4092  Administrative Code, contain specific standards to determine the
 4093  financial feasibility of capital programs. These standards were
 4094  adopted to make concurrency more predictable and local
 4095  governments more accountable.
 4096         1. A comprehensive plan that imposes amendment seeking to
 4097  impose school concurrency shall contain appropriate amendments
 4098  to the capital improvements element of the comprehensive plan,
 4099  consistent with the requirements of s. 163.3177(3) and rule 9J
 4100  5.016, Florida Administrative Code. The capital improvements
 4101  element shall identify facilities necessary to meet adopted
 4102  levels of service during a 5-year period consistent with the
 4103  school board’s educational set forth a financially feasible
 4104  public school capital facilities plan program, established in
 4105  conjunction with the school board, that demonstrates that the
 4106  adopted level-of-service standards will be achieved and
 4107  maintained.
 4108         (h)1. In order to limit the liability of local governments,
 4109  a local government may allow a landowner to proceed with
 4110  development of a specific parcel of land notwithstanding a
 4111  failure of the development to satisfy school concurrency, if all
 4112  the following factors are shown to exist:
 4113         a. The proposed development would be consistent with the
 4114  future land use designation for the specific property and with
 4115  pertinent portions of the adopted local plan, as determined by
 4116  the local government.
 4117         b. The local government’s capital improvements element and
 4118  the school board’s educational facilities plan provide for
 4119  school facilities adequate to serve the proposed development,
 4120  and the local government or school board has not implemented
 4121  that element, or the project includes a plan that demonstrates
 4122  that the capital facilities needed as a result of the project
 4123  can be reasonably provided.
 4124         c. The local government and school board have provided a
 4125  means by which the landowner will be assessed a proportionate
 4126  share of the cost of providing the school facilities necessary
 4127  to serve the proposed development.
 4128         2. Such amendments shall demonstrate that the public school
 4129  capital facilities program meets all of the financial
 4130  feasibility standards of this part and chapter 9J-5, Florida
 4131  Administrative Code, that apply to capital programs which
 4132  provide the basis for mandatory concurrency on other public
 4133  facilities and services.
 4134         3. When the financial feasibility of a public school
 4135  capital facilities program is evaluated by the state land
 4136  planning agency for purposes of a compliance determination, the
 4137  evaluation shall be based upon the service areas selected by the
 4138  local governments and school board.
 4139         2.(e)Availability standard.If Consistent with the public
 4140  welfare, a local government applies school concurrency, it may
 4141  not deny an application for site plan, final subdivision
 4142  approval, or the functional equivalent for a development or
 4143  phase of a development authorizing residential development for
 4144  failure to achieve and maintain the level-of-service standard
 4145  for public school capacity in a local school concurrency
 4146  management system where adequate school facilities will be in
 4147  place or under actual construction within 3 years after the
 4148  issuance of final subdivision or site plan approval, or the
 4149  functional equivalent. School concurrency is satisfied if the
 4150  developer executes a legally binding commitment to provide
 4151  mitigation proportionate to the demand for public school
 4152  facilities to be created by actual development of the property,
 4153  including, but not limited to, the options described in sub
 4154  subparagraph a. subparagraph 1. Options for proportionate-share
 4155  mitigation of impacts on public school facilities must be
 4156  established in the comprehensive plan public school facilities
 4157  element and the interlocal agreement pursuant to s. 163.31777.
 4158         a.1. Appropriate mitigation options include the
 4159  contribution of land; the construction, expansion, or payment
 4160  for land acquisition or construction of a public school
 4161  facility; the construction of a charter school that complies
 4162  with the requirements of s. 1002.33(18); or the creation of
 4163  mitigation banking based on the construction of a public school
 4164  facility in exchange for the right to sell capacity credits.
 4165  Such options must include execution by the applicant and the
 4166  local government of a development agreement that constitutes a
 4167  legally binding commitment to pay proportionate-share mitigation
 4168  for the additional residential units approved by the local
 4169  government in a development order and actually developed on the
 4170  property, taking into account residential density allowed on the
 4171  property prior to the plan amendment that increased the overall
 4172  residential density. The district school board must be a party
 4173  to such an agreement. As a condition of its entry into such a
 4174  development agreement, the local government may require the
 4175  landowner to agree to continuing renewal of the agreement upon
 4176  its expiration.
 4177         b.2. If the interlocal agreement education facilities plan
 4178  and the local government comprehensive plan public educational
 4179  facilities element authorize a contribution of land; the
 4180  construction, expansion, or payment for land acquisition; the
 4181  construction or expansion of a public school facility, or a
 4182  portion thereof; or the construction of a charter school that
 4183  complies with the requirements of s. 1002.33(18), as
 4184  proportionate-share mitigation, the local government shall
 4185  credit such a contribution, construction, expansion, or payment
 4186  toward any other impact fee or exaction imposed by local
 4187  ordinance for the same need, on a dollar-for-dollar basis at
 4188  fair market value.
 4189         c.3. Any proportionate-share mitigation must be directed by
 4190  the school board toward a school capacity improvement identified
 4191  in the a financially feasible 5-year school board’s educational
 4192  facilities district work plan that satisfies the demands created
 4193  by the development in accordance with a binding developer’s
 4194  agreement.
 4195         4. If a development is precluded from commencing because
 4196  there is inadequate classroom capacity to mitigate the impacts
 4197  of the development, the development may nevertheless commence if
 4198  there are accelerated facilities in an approved capital
 4199  improvement element scheduled for construction in year four or
 4200  later of such plan which, when built, will mitigate the proposed
 4201  development, or if such accelerated facilities will be in the
 4202  next annual update of the capital facilities element, the
 4203  developer enters into a binding, financially guaranteed
 4204  agreement with the school district to construct an accelerated
 4205  facility within the first 3 years of an approved capital
 4206  improvement plan, and the cost of the school facility is equal
 4207  to or greater than the development’s proportionate share. When
 4208  the completed school facility is conveyed to the school
 4209  district, the developer shall receive impact fee credits usable
 4210  within the zone where the facility is constructed or any
 4211  attendance zone contiguous with or adjacent to the zone where
 4212  the facility is constructed.
 4213         3.5. This paragraph does not limit the authority of a local
 4214  government to deny a development permit or its functional
 4215  equivalent pursuant to its home rule regulatory powers, except
 4216  as provided in this part.
 4217         (i)(f)Intergovernmental coordination.
 4218         1. When establishing concurrency requirements for public
 4219  schools, a local government shall satisfy the requirements for
 4220  intergovernmental coordination set forth in s. 163.3177(6)(h)1.
 4221  and 2., except that A municipality is not required to be a
 4222  signatory to the interlocal agreement required by paragraph (j)
 4223  ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
 4224  imposition of school concurrency, and as a nonsignatory, shall
 4225  not participate in the adopted local school concurrency system,
 4226  if the municipality meets all of the following criteria for
 4227  having no significant impact on school attendance:
 4228         1.a. The municipality has issued development orders for
 4229  fewer than 50 residential dwelling units during the preceding 5
 4230  years, or the municipality has generated fewer than 25
 4231  additional public school students during the preceding 5 years.
 4232         2.b. The municipality has not annexed new land during the
 4233  preceding 5 years in land use categories which permit
 4234  residential uses that will affect school attendance rates.
 4235         3.c. The municipality has no public schools located within
 4236  its boundaries.
 4237         4.d. At least 80 percent of the developable land within the
 4238  boundaries of the municipality has been built upon.
 4239         2. A municipality which qualifies as having no significant
 4240  impact on school attendance pursuant to the criteria of
 4241  subparagraph 1. must review and determine at the time of its
 4242  evaluation and appraisal report pursuant to s. 163.3191 whether
 4243  it continues to meet the criteria pursuant to s. 163.31777(6).
 4244  If the municipality determines that it no longer meets the
 4245  criteria, it must adopt appropriate school concurrency goals,
 4246  objectives, and policies in its plan amendments based on the
 4247  evaluation and appraisal report, and enter into the existing
 4248  interlocal agreement required by ss. 163.3177(6)(h)2. and
 4249  163.31777, in order to fully participate in the school
 4250  concurrency system. If such a municipality fails to do so, it
 4251  will be subject to the enforcement provisions of s. 163.3191.
 4252         (j)(g)Interlocal agreement for school concurrency.When
 4253  establishing concurrency requirements for public schools, a
 4254  local government must enter into an interlocal agreement that
 4255  satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
 4256  163.31777 and the requirements of this subsection. The
 4257  interlocal agreement shall acknowledge both the school board’s
 4258  constitutional and statutory obligations to provide a uniform
 4259  system of free public schools on a countywide basis, and the
 4260  land use authority of local governments, including their
 4261  authority to approve or deny comprehensive plan amendments and
 4262  development orders. The interlocal agreement shall be submitted
 4263  to the state land planning agency by the local government as a
 4264  part of the compliance review, along with the other necessary
 4265  amendments to the comprehensive plan required by this part. In
 4266  addition to the requirements of ss. 163.3177(6)(h) and
 4267  163.31777, The interlocal agreement shall meet the following
 4268  requirements:
 4269         1. Establish the mechanisms for coordinating the
 4270  development, adoption, and amendment of each local government’s
 4271  school-concurrency-related provisions of the comprehensive plan
 4272  public school facilities element with each other and the plans
 4273  of the school board to ensure a uniform districtwide school
 4274  concurrency system.
 4275         2. Establish a process for the development of siting
 4276  criteria which encourages the location of public schools
 4277  proximate to urban residential areas to the extent possible and
 4278  seeks to collocate schools with other public facilities such as
 4279  parks, libraries, and community centers to the extent possible.
 4280         2.3. Specify uniform, districtwide level-of-service
 4281  standards for public schools of the same type and the process
 4282  for modifying the adopted level-of-service standards.
 4283         4. Establish a process for the preparation, amendment, and
 4284  joint approval by each local government and the school board of
 4285  a public school capital facilities program which is financially
 4286  feasible, and a process and schedule for incorporation of the
 4287  public school capital facilities program into the local
 4288  government comprehensive plans on an annual basis.
 4289         3.5. Define the geographic application of school
 4290  concurrency. If school concurrency is to be applied on a less
 4291  than districtwide basis in the form of concurrency service
 4292  areas, the agreement shall establish criteria and standards for
 4293  the establishment and modification of school concurrency service
 4294  areas. The agreement shall also establish a process and schedule
 4295  for the mandatory incorporation of the school concurrency
 4296  service areas and the criteria and standards for establishment
 4297  of the service areas into the local government comprehensive
 4298  plans. The agreement shall ensure maximum utilization of school
 4299  capacity, taking into account transportation costs and court
 4300  approved desegregation plans, as well as other factors. The
 4301  agreement shall also ensure the achievement and maintenance of
 4302  the adopted level-of-service standards for the geographic area
 4303  of application throughout the 5 years covered by the public
 4304  school capital facilities plan and thereafter by adding a new
 4305  fifth year during the annual update.
 4306         4.6. Establish a uniform districtwide procedure for
 4307  implementing school concurrency which provides for:
 4308         a. The evaluation of development applications for
 4309  compliance with school concurrency requirements, including
 4310  information provided by the school board on affected schools,
 4311  impact on levels of service, and programmed improvements for
 4312  affected schools and any options to provide sufficient capacity;
 4313         b. An opportunity for the school board to review and
 4314  comment on the effect of comprehensive plan amendments and
 4315  rezonings on the public school facilities plan; and
 4316         c. The monitoring and evaluation of the school concurrency
 4317  system.
 4318         7. Include provisions relating to amendment of the
 4319  agreement.
 4320         5.8. A process and uniform methodology for determining
 4321  proportionate-share mitigation pursuant to paragraph (h)
 4322  subparagraph (e)1.
 4323         (k)(h)Local government authority.This subsection does not
 4324  limit the authority of a local government to grant or deny a
 4325  development permit or its functional equivalent prior to the
 4326  implementation of school concurrency.
 4327         (14) The state land planning agency shall, by October 1,
 4328  1998, adopt by rule minimum criteria for the review and
 4329  determination of compliance of a public school facilities
 4330  element adopted by a local government for purposes of imposition
 4331  of school concurrency.
 4332         (15)(a) Multimodal transportation districts may be
 4333  established under a local government comprehensive plan in areas
 4334  delineated on the future land use map for which the local
 4335  comprehensive plan assigns secondary priority to vehicle
 4336  mobility and primary priority to assuring a safe, comfortable,
 4337  and attractive pedestrian environment, with convenient
 4338  interconnection to transit. Such districts must incorporate
 4339  community design features that will reduce the number of
 4340  automobile trips or vehicle miles of travel and will support an
 4341  integrated, multimodal transportation system. Prior to the
 4342  designation of multimodal transportation districts, the
 4343  Department of Transportation shall be consulted by the local
 4344  government to assess the impact that the proposed multimodal
 4345  district area is expected to have on the adopted level-of
 4346  service standards established for Strategic Intermodal System
 4347  facilities, as defined in s. 339.64, and roadway facilities
 4348  funded in accordance with s. 339.2819. Further, the local
 4349  government shall, in cooperation with the Department of
 4350  Transportation, develop a plan to mitigate any impacts to the
 4351  Strategic Intermodal System, including the development of a
 4352  long-term concurrency management system pursuant to subsection
 4353  (9) and s. 163.3177(3)(d). Multimodal transportation districts
 4354  existing prior to July 1, 2005, shall meet, at a minimum, the
 4355  provisions of this section by July 1, 2006, or at the time of
 4356  the comprehensive plan update pursuant to the evaluation and
 4357  appraisal report, whichever occurs last.
 4358         (b) Community design elements of such a district include: a
 4359  complementary mix and range of land uses, including educational,
 4360  recreational, and cultural uses; interconnected networks of
 4361  streets designed to encourage walking and bicycling, with
 4362  traffic-calming where desirable; appropriate densities and
 4363  intensities of use within walking distance of transit stops;
 4364  daily activities within walking distance of residences, allowing
 4365  independence to persons who do not drive; public uses, streets,
 4366  and squares that are safe, comfortable, and attractive for the
 4367  pedestrian, with adjoining buildings open to the street and with
 4368  parking not interfering with pedestrian, transit, automobile,
 4369  and truck travel modes.
 4370         (c) Local governments may establish multimodal level-of
 4371  service standards that rely primarily on nonvehicular modes of
 4372  transportation within the district, when justified by an
 4373  analysis demonstrating that the existing and planned community
 4374  design will provide an adequate level of mobility within the
 4375  district based upon professionally accepted multimodal level-of
 4376  service methodologies. The analysis must also demonstrate that
 4377  the capital improvements required to promote community design
 4378  are financially feasible over the development or redevelopment
 4379  timeframe for the district and that community design features
 4380  within the district provide convenient interconnection for a
 4381  multimodal transportation system. Local governments may issue
 4382  development permits in reliance upon all planned community
 4383  design capital improvements that are financially feasible over
 4384  the development or redevelopment timeframe for the district,
 4385  without regard to the period of time between development or
 4386  redevelopment and the scheduled construction of the capital
 4387  improvements. A determination of financial feasibility shall be
 4388  based upon currently available funding or funding sources that
 4389  could reasonably be expected to become available over the
 4390  planning period.
 4391         (d) Local governments may reduce impact fees or local
 4392  access fees for development within multimodal transportation
 4393  districts based on the reduction of vehicle trips per household
 4394  or vehicle miles of travel expected from the development pattern
 4395  planned for the district.
 4396         (16) It is the intent of the Legislature to provide a
 4397  method by which the impacts of development on transportation
 4398  facilities can be mitigated by the cooperative efforts of the
 4399  public and private sectors. The methodology used to calculate
 4400  proportionate fair-share mitigation under this section shall be
 4401  as provided for in subsection (12).
 4402         (a) By December 1, 2006, each local government shall adopt
 4403  by ordinance a methodology for assessing proportionate fair
 4404  share mitigation options. By December 1, 2005, the Department of
 4405  Transportation shall develop a model transportation concurrency
 4406  management ordinance with methodologies for assessing
 4407  proportionate fair-share mitigation options.
 4408         (b)1. In its transportation concurrency management system,
 4409  a local government shall, by December 1, 2006, include
 4410  methodologies that will be applied to calculate proportionate
 4411  fair-share mitigation. A developer may choose to satisfy all
 4412  transportation concurrency requirements by contributing or
 4413  paying proportionate fair-share mitigation if transportation
 4414  facilities or facility segments identified as mitigation for
 4415  traffic impacts are specifically identified for funding in the
 4416  5-year schedule of capital improvements in the capital
 4417  improvements element of the local plan or the long-term
 4418  concurrency management system or if such contributions or
 4419  payments to such facilities or segments are reflected in the 5
 4420  year schedule of capital improvements in the next regularly
 4421  scheduled update of the capital improvements element. Updates to
 4422  the 5-year capital improvements element which reflect
 4423  proportionate fair-share contributions may not be found not in
 4424  compliance based on ss. 163.3164(32) and 163.3177(3) if
 4425  additional contributions, payments or funding sources are
 4426  reasonably anticipated during a period not to exceed 10 years to
 4427  fully mitigate impacts on the transportation facilities.
 4428         2. Proportionate fair-share mitigation shall be applied as
 4429  a credit against impact fees to the extent that all or a portion
 4430  of the proportionate fair-share mitigation is used to address
 4431  the same capital infrastructure improvements contemplated by the
 4432  local government’s impact fee ordinance.
 4433         (c) Proportionate fair-share mitigation includes, without
 4434  limitation, separately or collectively, private funds,
 4435  contributions of land, and construction and contribution of
 4436  facilities and may include public funds as determined by the
 4437  local government. Proportionate fair-share mitigation may be
 4438  directed toward one or more specific transportation improvements
 4439  reasonably related to the mobility demands created by the
 4440  development and such improvements may address one or more modes
 4441  of travel. The fair market value of the proportionate fair-share
 4442  mitigation shall not differ based on the form of mitigation. A
 4443  local government may not require a development to pay more than
 4444  its proportionate fair-share contribution regardless of the
 4445  method of mitigation. Proportionate fair-share mitigation shall
 4446  be limited to ensure that a development meeting the requirements
 4447  of this section mitigates its impact on the transportation
 4448  system but is not responsible for the additional cost of
 4449  reducing or eliminating backlogs.
 4450         (d) This subsection does not require a local government to
 4451  approve a development that is not otherwise qualified for
 4452  approval pursuant to the applicable local comprehensive plan and
 4453  land development regulations.
 4454         (e) Mitigation for development impacts to facilities on the
 4455  Strategic Intermodal System made pursuant to this subsection
 4456  requires the concurrence of the Department of Transportation.
 4457         (f) If the funds in an adopted 5-year capital improvements
 4458  element are insufficient to fully fund construction of a
 4459  transportation improvement required by the local government’s
 4460  concurrency management system, a local government and a
 4461  developer may still enter into a binding proportionate-share
 4462  agreement authorizing the developer to construct that amount of
 4463  development on which the proportionate share is calculated if
 4464  the proportionate-share amount in such agreement is sufficient
 4465  to pay for one or more improvements which will, in the opinion
 4466  of the governmental entity or entities maintaining the
 4467  transportation facilities, significantly benefit the impacted
 4468  transportation system. The improvements funded by the
 4469  proportionate-share component must be adopted into the 5-year
 4470  capital improvements schedule of the comprehensive plan at the
 4471  next annual capital improvements element update. The funding of
 4472  any improvements that significantly benefit the impacted
 4473  transportation system satisfies concurrency requirements as a
 4474  mitigation of the development’s impact upon the overall
 4475  transportation system even if there remains a failure of
 4476  concurrency on other impacted facilities.
 4477         (g) Except as provided in subparagraph (b)1., this section
 4478  may not prohibit the Department of Community Affairs from
 4479  finding other portions of the capital improvements element
 4480  amendments not in compliance as provided in this chapter.
 4481         (h) The provisions of this subsection do not apply to a
 4482  development of regional impact satisfying the requirements of
 4483  subsection (12).
 4484         (i) As used in this subsection, the term “backlog” means a
 4485  facility or facilities on which the adopted level-of-service
 4486  standard is exceeded by the existing trips, plus additional
 4487  projected background trips from any source other than the
 4488  development project under review that are forecast by
 4489  established traffic standards, including traffic modeling,
 4490  consistent with the University of Florida Bureau of Economic and
 4491  Business Research medium population projections. Additional
 4492  projected background trips are to be coincident with the
 4493  particular stage or phase of development under review.
 4494         (17) A local government and the developer of affordable
 4495  workforce housing units developed in accordance with s.
 4496  380.06(19) or s. 380.0651(3) may identify an employment center
 4497  or centers in close proximity to the affordable workforce
 4498  housing units. If at least 50 percent of the units are occupied
 4499  by an employee or employees of an identified employment center
 4500  or centers, all of the affordable workforce housing units are
 4501  exempt from transportation concurrency requirements, and the
 4502  local government may not reduce any transportation trip
 4503  generation entitlements of an approved development-of-regional
 4504  impact development order. As used in this subsection, the term
 4505  “close proximity” means 5 miles from the nearest point of the
 4506  development of regional impact to the nearest point of the
 4507  employment center, and the term “employment center” means a
 4508  place of employment that employs at least 25 or more full-time
 4509  employees.
 4510         Section 16. Subsection (5) of section 163.31801, Florida
 4511  Statutes, is reenacted, and subsection (6) is added to that
 4512  section, to read:
 4513         163.31801 Impact fees; short title; intent; definitions;
 4514  ordinances levying impact fees.—
 4515         (5) In any action challenging an impact fee, the government
 4516  has the burden of proving by a preponderance of the evidence
 4517  that the imposition or amount of the fee meets the requirements
 4518  of state legal precedent or this section. The court may not use
 4519  a deferential standard.
 4520         (6) Notwithstanding any law, ordinance, or resolution to
 4521  the contrary, a county, municipality, or special district may
 4522  not increase any existing impact fees or impose any new,
 4523  increased impact fees on nonresidential development. This
 4524  subsection does not affect impact fees pledged or obligated to
 4525  the retirement of debt; impact fee increases that were
 4526  previously enacted by law, ordinance, or resolution and phased
 4527  in over time or included a consumer price index or other yearly
 4528  escalator; or impact fees for water or wastewater facilities.
 4529  This subsection expires July 1, 2013.
 4530         Section 17. Section 163.3182, Florida Statutes, is amended
 4531  to read:
 4532         163.3182 Transportation deficiencies concurrency backlogs.—
 4533         (1) DEFINITIONS.—For purposes of this section, the term:
 4534         (a) “Transportation deficiency concurrency backlog area”
 4535  means the geographic area within the unincorporated portion of a
 4536  county or within the municipal boundary of a municipality
 4537  designated in a local government comprehensive plan for which a
 4538  transportation development concurrency backlog authority is
 4539  created pursuant to this section. A transportation deficiency
 4540  concurrency backlog area created within the corporate boundary
 4541  of a municipality shall be made pursuant to an interlocal
 4542  agreement between a county, a municipality or municipalities,
 4543  and any affected taxing authority or authorities.
 4544         (b) “Authority” or “transportation development concurrency
 4545  backlog authority” means the governing body of a county or
 4546  municipality within which an authority is created.
 4547         (c) “Governing body” means the council, commission, or
 4548  other legislative body charged with governing the county or
 4549  municipality within which a transportation deficiency
 4550  concurrency backlog authority is created pursuant to this
 4551  section.
 4552         (d) “Transportation deficiency concurrency backlog” means
 4553  an identified need deficiency where the existing and projected
 4554  extent of traffic or projected traffic volume exceeds the level
 4555  of service standard adopted in a local government comprehensive
 4556  plan for a transportation facility.
 4557         (e) “Transportation sufficiency concurrency backlog plan”
 4558  means the plan adopted as part of a local government
 4559  comprehensive plan by the governing body of a county or
 4560  municipality acting as a transportation development concurrency
 4561  backlog authority.
 4562         (f) “Transportation concurrency backlog project” means any
 4563  designated transportation project that will mitigate a
 4564  deficiency identified in a transportation sufficiency plan
 4565  identified for construction within the jurisdiction of a
 4566  transportation concurrency backlog authority.
 4567         (g) “Debt service millage” means any millage levied
 4568  pursuant to s. 12, Art. VII of the State Constitution.
 4569         (h) “Increment revenue” means the amount calculated
 4570  pursuant to subsection (5).
 4571         (i) “Taxing authority” means a public body that levies or
 4572  is authorized to levy an ad valorem tax on real property located
 4573  within a transportation deficiency concurrency backlog area,
 4574  except a school district.
 4575         (2) CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
 4576  BACKLOG AUTHORITIES.—
 4577         (a) A county or municipality may create a transportation
 4578  development concurrency backlog authority if it has an
 4579  identified transportation deficiency concurrency backlog.
 4580         (b) Acting as the transportation development concurrency
 4581  backlog authority within the authority’s jurisdictional
 4582  boundary, the governing body of a county or municipality shall
 4583  adopt and implement a plan to eliminate all identified
 4584  transportation deficiencies concurrency backlogs within the
 4585  authority’s jurisdiction using funds provided pursuant to
 4586  subsection (5) and as otherwise provided pursuant to this
 4587  section.
 4588         (c) The Legislature finds and declares that there exist in
 4589  many counties and municipalities areas that have significant
 4590  transportation deficiencies and inadequate transportation
 4591  facilities; that many insufficiencies and inadequacies severely
 4592  limit or prohibit the satisfaction of adopted transportation
 4593  level-of-service concurrency standards; that the transportation
 4594  insufficiencies and inadequacies affect the health, safety, and
 4595  welfare of the residents of these counties and municipalities;
 4596  that the transportation insufficiencies and inadequacies
 4597  adversely affect economic development and growth of the tax base
 4598  for the areas in which these insufficiencies and inadequacies
 4599  exist; and that the elimination of transportation deficiencies
 4600  and inadequacies and the satisfaction of transportation level
 4601  of-service concurrency standards are paramount public purposes
 4602  for the state and its counties and municipalities.
 4603         (3) POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
 4604  BACKLOG AUTHORITY.—Each transportation development concurrency
 4605  backlog authority created pursuant to this section has the
 4606  powers necessary or convenient to carry out the purposes of this
 4607  section, including the following powers in addition to others
 4608  granted in this section:
 4609         (a) To make and execute contracts and other instruments
 4610  necessary or convenient to the exercise of its powers under this
 4611  section.
 4612         (b) To undertake and carry out transportation concurrency
 4613  backlog projects for transportation facilities designed to
 4614  relieve transportation deficiencies that have a concurrency
 4615  backlog within the authority’s jurisdiction. Transportation
 4616  Concurrency backlog projects may include transportation
 4617  facilities that provide for alternative modes of travel
 4618  including sidewalks, bikeways, and mass transit which are
 4619  related to a deficient backlogged transportation facility.
 4620         (c) To invest any transportation concurrency backlog funds
 4621  held in reserve, sinking funds, or any such funds not required
 4622  for immediate disbursement in property or securities in which
 4623  savings banks may legally invest funds subject to the control of
 4624  the authority and to redeem such bonds as have been issued
 4625  pursuant to this section at the redemption price established
 4626  therein, or to purchase such bonds at less than redemption
 4627  price. All such bonds redeemed or purchased shall be canceled.
 4628         (d) To borrow money, including, but not limited to, issuing
 4629  debt obligations such as, but not limited to, bonds, notes,
 4630  certificates, and similar debt instruments; to apply for and
 4631  accept advances, loans, grants, contributions, and any other
 4632  forms of financial assistance from the Federal Government or the
 4633  state, county, or any other public body or from any sources,
 4634  public or private, for the purposes of this part; to give such
 4635  security as may be required; to enter into and carry out
 4636  contracts or agreements; and to include in any contracts for
 4637  financial assistance with the Federal Government for or with
 4638  respect to a transportation concurrency backlog project and
 4639  related activities such conditions imposed under federal laws as
 4640  the transportation deficiency concurrency backlog authority
 4641  considers reasonable and appropriate and which are not
 4642  inconsistent with the purposes of this section.
 4643         (e) To make or have made all surveys and plans necessary to
 4644  the carrying out of the purposes of this section; to contract
 4645  with any persons, public or private, in making and carrying out
 4646  such plans; and to adopt, approve, modify, or amend such
 4647  transportation sufficiency concurrency backlog plans.
 4648         (f) To appropriate such funds and make such expenditures as
 4649  are necessary to carry out the purposes of this section, and to
 4650  enter into agreements with other public bodies, which agreements
 4651  may extend over any period notwithstanding any provision or rule
 4652  of law to the contrary.
 4653         (4) TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.—
 4654         (a) Each transportation development concurrency backlog
 4655  authority shall adopt a transportation sufficiency concurrency
 4656  backlog plan as a part of the local government comprehensive
 4657  plan within 6 months after the creation of the authority. The
 4658  plan must:
 4659         (a)1. Identify all transportation facilities that have been
 4660  designated as deficient and require the expenditure of moneys to
 4661  upgrade, modify, or mitigate the deficiency.
 4662         (b)2. Include a priority listing of all transportation
 4663  facilities that have been designated as deficient and do not
 4664  satisfy concurrency requirements pursuant to s. 163.3180, and
 4665  the applicable local government comprehensive plan.
 4666         (c)3. Establish a schedule for financing and construction
 4667  of transportation concurrency backlog projects that will
 4668  eliminate transportation deficiencies concurrency backlogs
 4669  within the jurisdiction of the authority within 10 years after
 4670  the transportation sufficiency concurrency backlog plan
 4671  adoption. If the utilization of mass transit is selected as all
 4672  or part of the system solution, the improvements and service may
 4673  extend outside the area of the transportation deficiency areas
 4674  to the planned terminus of the improvement as long as the
 4675  improvement provides capacity enhancements to a larger
 4676  intermodal system. The schedule shall be adopted as part of the
 4677  local government comprehensive plan.
 4678         (b) The adoption of the transportation concurrency backlog
 4679  plan shall be exempt from the provisions of s. 163.3187(1).
 4680  
 4681  Notwithstanding such schedule requirements, as long as the
 4682  schedule provides for the elimination of all transportation
 4683  deficiencies concurrency backlogs within 10 years after the
 4684  adoption of the transportation sufficiency concurrency backlog
 4685  plan, the final maturity date of any debt incurred to finance or
 4686  refinance the related projects may be no later than 40 years
 4687  after the date the debt is incurred and the authority may
 4688  continue operations and administer the trust fund established as
 4689  provided in subsection (5) for as long as the debt remains
 4690  outstanding.
 4691         (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
 4692  development concurrency backlog authority shall establish a
 4693  local transportation concurrency backlog trust fund upon
 4694  creation of the authority. Each local trust fund shall be
 4695  administered by the transportation development concurrency
 4696  backlog authority within which a transportation deficiencies
 4697  have concurrency backlog has been identified. Each local trust
 4698  fund must continue to be funded under this section for as long
 4699  as the projects set forth in the related transportation
 4700  sufficiency concurrency backlog plan remain to be completed or
 4701  until any debt incurred to finance or refinance the related
 4702  projects is no longer outstanding, whichever occurs later.
 4703  Beginning in the first fiscal year after the creation of the
 4704  authority, each local trust fund shall be funded by the proceeds
 4705  of an ad valorem tax increment collected within each
 4706  transportation deficiency concurrency backlog area to be
 4707  determined annually and shall be a minimum of 25 percent of the
 4708  difference between the amounts set forth in paragraphs (a) and
 4709  (b), except that if all of the affected taxing authorities agree
 4710  under an interlocal agreement, a particular local trust fund may
 4711  be funded by the proceeds of an ad valorem tax increment greater
 4712  than 25 percent of the difference between the amounts set forth
 4713  in paragraphs (a) and (b):
 4714         (a) The amount of ad valorem tax levied each year by each
 4715  taxing authority, exclusive of any amount from any debt service
 4716  millage, on taxable real property contained within the
 4717  jurisdiction of the transportation development concurrency
 4718  backlog authority and within the transportation deficiency
 4719  backlog area; and
 4720         (b) The amount of ad valorem taxes which would have been
 4721  produced by the rate upon which the tax is levied each year by
 4722  or for each taxing authority, exclusive of any debt service
 4723  millage, upon the total of the assessed value of the taxable
 4724  real property within the transportation deficiency concurrency
 4725  backlog area as shown on the most recent assessment roll used in
 4726  connection with the taxation of such property of each taxing
 4727  authority prior to the effective date of the ordinance funding
 4728  the trust fund.
 4729         (6) EXEMPTIONS.—
 4730         (a) The following public bodies or taxing authorities are
 4731  exempt from the provisions of this section:
 4732         1. A special district that levies ad valorem taxes on
 4733  taxable real property in more than one county.
 4734         2. A special district for which the sole available source
 4735  of revenue is the authority to levy ad valorem taxes at the time
 4736  an ordinance is adopted under this section. However, revenues or
 4737  aid that may be dispensed or appropriated to a district as
 4738  defined in s. 388.011 at the discretion of an entity other than
 4739  such district shall not be deemed available.
 4740         3. A library district.
 4741         4. A neighborhood improvement district created under the
 4742  Safe Neighborhoods Act.
 4743         5. A metropolitan transportation authority.
 4744         6. A water management district created under s. 373.069.
 4745         7. A community redevelopment agency.
 4746         (b) A transportation development concurrency exemption
 4747  authority may also exempt from this section a special district
 4748  that levies ad valorem taxes within the transportation
 4749  deficiency concurrency backlog area pursuant to s.
 4750  163.387(2)(d).
 4751         (7) TRANSPORTATION DEFICIENCY CONCURRENCY SATISFACTION.
 4752  Upon adoption of a transportation sufficiency concurrency
 4753  backlog plan as a part of the local government comprehensive
 4754  plan, and the plan going into effect, the area subject to the
 4755  plan shall be deemed to have achieved and maintained
 4756  transportation level-of-service standards, and to have met
 4757  requirements for financial feasibility for transportation
 4758  facilities, and for the purpose of proposed development
 4759  transportation concurrency has been satisfied. Proportionate
 4760  fair-share mitigation shall be limited to ensure that a
 4761  development inside a transportation deficiency concurrency
 4762  backlog area is not responsible for the additional costs of
 4763  eliminating deficiencies backlogs.
 4764         (8) DISSOLUTION.—Upon completion of all transportation
 4765  concurrency backlog projects identified in the transportation
 4766  sufficiency plan and repayment or defeasance of all debt issued
 4767  to finance or refinance such projects, a transportation
 4768  development concurrency backlog authority shall be dissolved,
 4769  and its assets and liabilities transferred to the county or
 4770  municipality within which the authority is located. All
 4771  remaining assets of the authority must be used for
 4772  implementation of transportation projects within the
 4773  jurisdiction of the authority. The local government
 4774  comprehensive plan shall be amended to remove the transportation
 4775  deficiency concurrency backlog plan.
 4776         Section 18. Section 163.3184, Florida Statutes, is amended
 4777  to read:
 4778         163.3184 Process for adoption of comprehensive plan or plan
 4779  amendment.—
 4780         (1) DEFINITIONS.—As used in this section, the term:
 4781         (a) “Affected person” includes the affected local
 4782  government; persons owning property, residing, or owning or
 4783  operating a business within the boundaries of the local
 4784  government whose plan is the subject of the review; owners of
 4785  real property abutting real property that is the subject of a
 4786  proposed change to a future land use map; and adjoining local
 4787  governments that can demonstrate that the plan or plan amendment
 4788  will produce substantial impacts on the increased need for
 4789  publicly funded infrastructure or substantial impacts on areas
 4790  designated for protection or special treatment within their
 4791  jurisdiction. Each person, other than an adjoining local
 4792  government, in order to qualify under this definition, shall
 4793  also have submitted oral or written comments, recommendations,
 4794  or objections to the local government during the period of time
 4795  beginning with the transmittal hearing for the plan or plan
 4796  amendment and ending with the adoption of the plan or plan
 4797  amendment.
 4798         (b) “In compliance” means consistent with the requirements
 4799  of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
 4800  163.3248 with the state comprehensive plan, with the appropriate
 4801  strategic regional policy plan, and with chapter 9J-5, Florida
 4802  Administrative Code, where such rule is not inconsistent with
 4803  this part and with the principles for guiding development in
 4804  designated areas of critical state concern and with part III of
 4805  chapter 369, where applicable.
 4806         (c) “Reviewing agencies” means:
 4807         1. The state land planning agency;
 4808         2. The appropriate regional planning council;
 4809         3. The appropriate water management district;
 4810         4. The Department of Environmental Protection;
 4811         5. The Department of State;
 4812         6. The Department of Transportation;
 4813         7. In the case of plan amendments relating to public
 4814  schools, the Department of Education;
 4815         8. In the case of plans or plan amendments that affect a
 4816  military installation listed in s. 163.3175, the commanding
 4817  officer of the affected military installation;
 4818         9. In the case of county plans and plan amendments, the
 4819  Fish and Wildlife Conservation Commission and the Department of
 4820  Agriculture and Consumer Services; and
 4821         10. In the case of municipal plans and plan amendments, the
 4822  county in which the municipality is located.
 4823         (2) COORDINATION.—Each comprehensive plan or plan amendment
 4824  proposed to be adopted pursuant to this part, except amendments
 4825  adopted pursuant to s. 163.32465 or s. 163.3187, shall be
 4826  transmitted, adopted, and reviewed in the manner prescribed in
 4827  this section. The state land planning agency shall have
 4828  responsibility for plan review, coordination, and the
 4829  preparation and transmission of comments, pursuant to this
 4830  section, to the local governing body responsible for the
 4831  comprehensive plan. The state land planning agency shall
 4832  maintain a single file concerning any proposed or adopted plan
 4833  amendment submitted by a local government for any review under
 4834  this section. Copies of all correspondence, papers, notes,
 4835  memoranda, and other documents received or generated by the
 4836  state land planning agency must be placed in the appropriate
 4837  file. Paper copies of all electronic mail correspondence must be
 4838  placed in the file. The file and its contents must be available
 4839  for public inspection and copying as provided in chapter 119.
 4840         (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
 4841  AMENDMENT.—
 4842         (a) Each local governing body shall transmit the complete
 4843  proposed comprehensive plan or plan amendment to the reviewing
 4844  agencies state land planning agency, the appropriate regional
 4845  planning council and water management district, the Department
 4846  of Environmental Protection, the Department of State, and the
 4847  Department of Transportation, and, in the case of municipal
 4848  plans, to the appropriate county, and, in the case of county
 4849  plans, to the Fish and Wildlife Conservation Commission and the
 4850  Department of Agriculture and Consumer Services, immediately
 4851  following a public hearing pursuant to subsection (15) as
 4852  specified in the state land planning agency’s procedural rules.
 4853  The local governing body shall also transmit a copy of the
 4854  complete proposed comprehensive plan or plan amendment to any
 4855  other unit of local government or government agency in the state
 4856  that has filed a written request with the governing body for the
 4857  plan or plan amendment. The local government may request a
 4858  review by the state land planning agency pursuant to subsection
 4859  (6) at the time of the transmittal of an amendment.
 4860         (b) A local governing body shall not transmit portions of a
 4861  plan or plan amendment unless it has previously provided to all
 4862  state agencies designated by the state land planning agency a
 4863  complete copy of its adopted comprehensive plan pursuant to
 4864  subsection (7) and as specified in the agency’s procedural
 4865  rules. In the case of comprehensive plan amendments, the local
 4866  governing body shall transmit to the state land planning agency,
 4867  the other reviewing agencies appropriate regional planning
 4868  council and water management district, the Department of
 4869  Environmental Protection, the Department of State, and the
 4870  Department of Transportation, and, in the case of municipal
 4871  plans, to the appropriate county and, in the case of county
 4872  plans, to the Fish and Wildlife Conservation Commission and the
 4873  Department of Agriculture and Consumer Services the supporting
 4874  materials specified in the state land planning agency’s
 4875  procedural rules and, in cases in which the plan amendment is a
 4876  result of an evaluation and appraisal report adopted pursuant to
 4877  s. 163.3191, a copy of the evaluation and appraisal report.
 4878  Local governing bodies shall consolidate all proposed plan
 4879  amendments into a single submission for each of the two plan
 4880  amendment adoption dates during the calendar year pursuant to s.
 4881  163.3187.
 4882         (c) A local government may adopt a proposed plan amendment
 4883  previously transmitted pursuant to this subsection, unless
 4884  review is requested or otherwise initiated pursuant to
 4885  subsection (6).
 4886         (d) In cases in which a local government transmits multiple
 4887  individual amendments that can be clearly and legally separated
 4888  and distinguished for the purpose of determining whether to
 4889  review the proposed amendment, and the state land planning
 4890  agency elects to review several or a portion of the amendments
 4891  and the local government chooses to immediately adopt the
 4892  remaining amendments not reviewed, the amendments immediately
 4893  adopted and any reviewed amendments that the local government
 4894  subsequently adopts together constitute one amendment cycle in
 4895  accordance with s. 163.3187(1).
 4896         (e) At the request of an applicant, a local government
 4897  shall consider an application for zoning changes that would be
 4898  required to properly enact the provisions of any proposed plan
 4899  amendment transmitted pursuant to this subsection. Zoning
 4900  changes approved by the local government are contingent upon the
 4901  comprehensive plan or plan amendment transmitted becoming
 4902  effective.
 4903         (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
 4904  specified in paragraph (3)(a) shall provide comments to the
 4905  state land planning agency within 30 days after receipt by the
 4906  state land planning agency of the complete proposed plan
 4907  amendment. If the plan or plan amendment includes or relates to
 4908  the public school facilities element pursuant to s.
 4909  163.3177(12), the state land planning agency shall submit a copy
 4910  to the Office of Educational Facilities of the Commissioner of
 4911  Education for review and comment. The appropriate regional
 4912  planning council shall also provide its written comments to the
 4913  state land planning agency within 30 days after receipt by the
 4914  state land planning agency of the complete proposed plan
 4915  amendment and shall specify any objections, recommendations for
 4916  modifications, and comments of any other regional agencies to
 4917  which the regional planning council may have referred the
 4918  proposed plan amendment. Written comments submitted by the
 4919  public within 30 days after notice of transmittal by the local
 4920  government of the proposed plan amendment will be considered as
 4921  if submitted by governmental agencies. All written agency and
 4922  public comments must be made part of the file maintained under
 4923  subsection (2).
 4924         (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.—The review of
 4925  the regional planning council pursuant to subsection (4) shall
 4926  be limited to effects on regional resources or facilities
 4927  identified in the strategic regional policy plan and
 4928  extrajurisdictional impacts which would be inconsistent with the
 4929  comprehensive plan of the affected local government. However,
 4930  any inconsistency between a local plan or plan amendment and a
 4931  strategic regional policy plan must not be the sole basis for a
 4932  notice of intent to find a local plan or plan amendment not in
 4933  compliance with this act. A regional planning council shall not
 4934  review and comment on a proposed comprehensive plan it prepared
 4935  itself unless the plan has been changed by the local government
 4936  subsequent to the preparation of the plan by the regional
 4937  planning agency. The review of the county land planning agency
 4938  pursuant to subsection (4) shall be primarily in the context of
 4939  the relationship and effect of the proposed plan amendment on
 4940  any county comprehensive plan element. Any review by
 4941  municipalities will be primarily in the context of the
 4942  relationship and effect on the municipal plan.
 4943         (6) STATE LAND PLANNING AGENCY REVIEW.—
 4944         (a) For plan amendments being reviewed under this section,
 4945  the state land planning agency shall review a proposed plan
 4946  amendment upon request of a regional planning council, affected
 4947  person, or local government transmitting the plan amendment. The
 4948  request from the regional planning council or affected person
 4949  must be received within 30 days after transmittal of the
 4950  proposed plan amendment pursuant to subsection (3). A regional
 4951  planning council or affected person requesting a review shall do
 4952  so by submitting a written request to the agency with a notice
 4953  of the request to the local government and any other person who
 4954  has requested notice.
 4955         (b) For plan amendments being reviewed under this section,
 4956  the state land planning agency may review any proposed plan
 4957  amendment regardless of whether a request for review has been
 4958  made, if the agency gives notice to the local government, and
 4959  any other person who has requested notice, of its intention to
 4960  conduct such a review within 35 days after receipt of the
 4961  complete proposed plan amendment.
 4962         (c) The state land planning agency shall establish by rule
 4963  a schedule for receipt of comments from the various government
 4964  agencies, as well as written public comments, pursuant to
 4965  subsection (4). If the state land planning agency elects to
 4966  review the amendment or the agency is required to review the
 4967  amendment as specified in paragraph (a), the agency shall issue
 4968  a report giving its objections, recommendations, and comments
 4969  regarding the proposed amendment within 60 days after receipt of
 4970  the complete proposed amendment by the state land planning
 4971  agency. When a federal, state, or regional agency has
 4972  implemented a permitting program, the state land planning agency
 4973  shall not require a local government to duplicate or exceed that
 4974  permitting program in its comprehensive plan or to implement
 4975  such a permitting program in its land development regulations.
 4976  Nothing contained herein shall prohibit the state land planning
 4977  agency in conducting its review of local plans or plan
 4978  amendments from making objections, recommendations, and comments
 4979  or making compliance determinations regarding densities and
 4980  intensities consistent with the provisions of this part. In
 4981  preparing its comments, the state land planning agency shall
 4982  only base its considerations on written, and not oral, comments,
 4983  from any source.
 4984         (d) The state land planning agency review shall identify
 4985  all written communications with the agency regarding the
 4986  proposed plan amendment. If the state land planning agency does
 4987  not issue such a review, it shall identify in writing to the
 4988  local government all written communications received 30 days
 4989  after transmittal. The written identification must include a
 4990  list of all documents received or generated by the agency, which
 4991  list must be of sufficient specificity to enable the documents
 4992  to be identified and copies requested, if desired, and the name
 4993  of the person to be contacted to request copies of any
 4994  identified document. The list of documents must be made a part
 4995  of the public records of the state land planning agency.
 4996         (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
 4997  OR AMENDMENTS AND TRANSMITTAL.—
 4998         (a) The local government shall review the written comments
 4999  submitted to it by the state land planning agency, and any other
 5000  person, agency, or government. Any comments, recommendations, or
 5001  objections and any reply to them shall be public documents, a
 5002  part of the permanent record in the matter, and admissible in
 5003  any proceeding in which the comprehensive plan or plan amendment
 5004  may be at issue. The local government, upon receipt of written
 5005  comments from the state land planning agency, shall have 120
 5006  days to adopt or adopt with changes the proposed comprehensive
 5007  plan or s. 163.3191 plan amendments. In the case of
 5008  comprehensive plan amendments other than those proposed pursuant
 5009  to s. 163.3191, the local government shall have 60 days to adopt
 5010  the amendment, adopt the amendment with changes, or determine
 5011  that it will not adopt the amendment. The adoption of the
 5012  proposed plan or plan amendment or the determination not to
 5013  adopt a plan amendment, other than a plan amendment proposed
 5014  pursuant to s. 163.3191, shall be made in the course of a public
 5015  hearing pursuant to subsection (15). The local government shall
 5016  transmit the complete adopted comprehensive plan or plan
 5017  amendment, including the names and addresses of persons compiled
 5018  pursuant to paragraph (15)(c), to the state land planning agency
 5019  as specified in the agency’s procedural rules within 10 working
 5020  days after adoption. The local governing body shall also
 5021  transmit a copy of the adopted comprehensive plan or plan
 5022  amendment to the regional planning agency and to any other unit
 5023  of local government or governmental agency in the state that has
 5024  filed a written request with the governing body for a copy of
 5025  the plan or plan amendment.
 5026         (b) If the adopted plan amendment is unchanged from the
 5027  proposed plan amendment transmitted pursuant to subsection (3)
 5028  and an affected person as defined in paragraph (1)(a) did not
 5029  raise any objection and, the state land planning agency did not
 5030  review the proposed plan amendment, and the state land planning
 5031  agency did not raise any objections during its review pursuant
 5032  to subsection (6), the local government may state in the
 5033  transmittal letter that the plan amendment is unchanged and was
 5034  not the subject of objections.
 5035         (8) NOTICE OF INTENT.—
 5036         (a) If the transmittal letter correctly states that the
 5037  plan amendment is unchanged and was not the subject of review or
 5038  objections pursuant to paragraph (7)(b), the state land planning
 5039  agency has 20 days after receipt of the transmittal letter
 5040  within which to issue a notice of intent that the plan amendment
 5041  is in compliance.
 5042         (b) Except as provided in paragraph (a) or in s.
 5043  163.3187(3), the state land planning agency, upon receipt of a
 5044  local government’s complete adopted comprehensive plan or plan
 5045  amendment, shall have 45 days for review and to determine if the
 5046  plan or plan amendment is in compliance with this act, unless
 5047  the amendment is the result of a compliance agreement entered
 5048  into under subsection (16), in which case the time period for
 5049  review and determination shall be 30 days. If review was not
 5050  conducted under subsection (6), The agency’s determination must
 5051  be based upon the plan amendment as adopted. If review was
 5052  conducted under subsection (6), the agency’s determination of
 5053  compliance must be based only upon one or both of the following:
 5054         1.The state land planning agency’s written comments to the
 5055  local government pursuant to subsection (6); or
 5056         2.Any changes made by the local government to the
 5057  comprehensive plan or plan amendment as adopted.
 5058         (c)1. During the time period provided for in this
 5059  subsection, the state land planning agency shall issue, through
 5060  a senior administrator or the secretary, as specified in the
 5061  agency’s procedural rules, a notice of intent to find that the
 5062  plan or plan amendment is in compliance or not in compliance. A
 5063  notice of intent shall be issued by publication in the manner
 5064  provided by this paragraph and by mailing a copy to the local
 5065  government. The advertisement shall be placed in that portion of
 5066  the newspaper where legal notices appear. The advertisement
 5067  shall be published in a newspaper that meets the size and
 5068  circulation requirements set forth in paragraph (15)(e) and that
 5069  has been designated in writing by the affected local government
 5070  at the time of transmittal of the amendment. Publication by the
 5071  state land planning agency of a notice of intent in the
 5072  newspaper designated by the local government shall be prima
 5073  facie evidence of compliance with the publication requirements
 5074  of this section. The state land planning agency shall post a
 5075  copy of the notice of intent on the agency’s Internet site. The
 5076  agency shall, no later than the date the notice of intent is
 5077  transmitted to the newspaper, send by regular mail a courtesy
 5078  informational statement to persons who provide their names and
 5079  addresses to the local government at the transmittal hearing or
 5080  at the adoption hearing where the local government has provided
 5081  the names and addresses of such persons to the department at the
 5082  time of transmittal of the adopted amendment. The informational
 5083  statements shall include the name of the newspaper in which the
 5084  notice of intent will appear, the approximate date of
 5085  publication, the ordinance number of the plan or plan amendment,
 5086  and a statement that affected persons have 21 days after the
 5087  actual date of publication of the notice to file a petition.
 5088         2. A local government that has an Internet site shall post
 5089  a copy of the state land planning agency’s notice of intent on
 5090  the site within 5 days after receipt of the mailed copy of the
 5091  agency’s notice of intent.
 5092         (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.—
 5093         (a) If the state land planning agency issues a notice of
 5094  intent to find that the comprehensive plan or plan amendment
 5095  transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
 5096  or s. 163.3191 is in compliance with this act, any affected
 5097  person may file a petition with the agency pursuant to ss.
 5098  120.569 and 120.57 within 21 days after the publication of
 5099  notice. In this proceeding, the local plan or plan amendment
 5100  shall be determined to be in compliance if the local
 5101  government’s determination of compliance is fairly debatable.
 5102         (b) The hearing shall be conducted by an administrative law
 5103  judge of the Division of Administrative Hearings of the
 5104  Department of Management Services, who shall hold the hearing in
 5105  the county of and convenient to the affected local jurisdiction
 5106  and submit a recommended order to the state land planning
 5107  agency. The state land planning agency shall allow for the
 5108  filing of exceptions to the recommended order and shall issue a
 5109  final order after receipt of the recommended order if the state
 5110  land planning agency determines that the plan or plan amendment
 5111  is in compliance. If the state land planning agency determines
 5112  that the plan or plan amendment is not in compliance, the agency
 5113  shall submit the recommended order to the Administration
 5114  Commission for final agency action.
 5115         (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
 5116  COMPLIANCE.—
 5117         (a) If the state land planning agency issues a notice of
 5118  intent to find the comprehensive plan or plan amendment not in
 5119  compliance with this act, the notice of intent shall be
 5120  forwarded to the Division of Administrative Hearings of the
 5121  Department of Management Services, which shall conduct a
 5122  proceeding under ss. 120.569 and 120.57 in the county of and
 5123  convenient to the affected local jurisdiction. The parties to
 5124  the proceeding shall be the state land planning agency, the
 5125  affected local government, and any affected person who
 5126  intervenes. No new issue may be alleged as a reason to find a
 5127  plan or plan amendment not in compliance in an administrative
 5128  pleading filed more than 21 days after publication of notice
 5129  unless the party seeking that issue establishes good cause for
 5130  not alleging the issue within that time period. Good cause shall
 5131  not include excusable neglect. In the proceeding, the local
 5132  government’s determination that the comprehensive plan or plan
 5133  amendment is in compliance is presumed to be correct. The local
 5134  government’s determination shall be sustained unless it is shown
 5135  by a preponderance of the evidence that the comprehensive plan
 5136  or plan amendment is not in compliance. The local government’s
 5137  determination that elements of its plans are related to and
 5138  consistent with each other shall be sustained if the
 5139  determination is fairly debatable.
 5140         (b) The administrative law judge assigned by the division
 5141  shall submit a recommended order to the Administration
 5142  Commission for final agency action.
 5143         (c) Prior to the hearing, the state land planning agency
 5144  shall afford an opportunity to mediate or otherwise resolve the
 5145  dispute. If a party to the proceeding requests mediation or
 5146  other alternative dispute resolution, the hearing may not be
 5147  held until the state land planning agency advises the
 5148  administrative law judge in writing of the results of the
 5149  mediation or other alternative dispute resolution. However, the
 5150  hearing may not be delayed for longer than 90 days for mediation
 5151  or other alternative dispute resolution unless a longer delay is
 5152  agreed to by the parties to the proceeding. The costs of the
 5153  mediation or other alternative dispute resolution shall be borne
 5154  equally by all of the parties to the proceeding.
 5155         (11) ADMINISTRATION COMMISSION.—
 5156         (a) If the Administration Commission, upon a hearing
 5157  pursuant to subsection (9) or subsection (10), finds that the
 5158  comprehensive plan or plan amendment is not in compliance with
 5159  this act, the commission shall specify remedial actions which
 5160  would bring the comprehensive plan or plan amendment into
 5161  compliance. The commission may direct state agencies not to
 5162  provide funds to increase the capacity of roads, bridges, or
 5163  water and sewer systems within the boundaries of those local
 5164  governmental entities which have comprehensive plans or plan
 5165  elements that are determined not to be in compliance. The
 5166  commission order may also specify that the local government
 5167  shall not be eligible for grants administered under the
 5168  following programs:
 5169         1. The Florida Small Cities Community Development Block
 5170  Grant Program, as authorized by ss. 290.0401-290.049.
 5171         2. The Florida Recreation Development Assistance Program,
 5172  as authorized by chapter 375.
 5173         3. Revenue sharing pursuant to ss. 206.60, 210.20, and
 5174  218.61 and chapter 212, to the extent not pledged to pay back
 5175  bonds.
 5176         (b) If the local government is one which is required to
 5177  include a coastal management element in its comprehensive plan
 5178  pursuant to s. 163.3177(6)(g), the commission order may also
 5179  specify that the local government is not eligible for funding
 5180  pursuant to s. 161.091. The commission order may also specify
 5181  that the fact that the coastal management element has been
 5182  determined to be not in compliance shall be a consideration when
 5183  the department considers permits under s. 161.053 and when the
 5184  Board of Trustees of the Internal Improvement Trust Fund
 5185  considers whether to sell, convey any interest in, or lease any
 5186  sovereignty lands or submerged lands until the element is
 5187  brought into compliance.
 5188         (c) The sanctions provided by paragraphs (a) and (b) do
 5189  shall not apply to a local government regarding any plan
 5190  amendment, except for plan amendments that amend plans that have
 5191  not been finally determined to be in compliance with this part,
 5192  and except as provided in s. 163.3189(2) or s. 163.3191 s.
 5193  163.3191(11).
 5194         (12) GOOD FAITH FILING.—The signature of an attorney or
 5195  party constitutes a certificate that he or she has read the
 5196  pleading, motion, or other paper and that, to the best of his or
 5197  her knowledge, information, and belief formed after reasonable
 5198  inquiry, it is not interposed for any improper purpose, such as
 5199  to harass or to cause unnecessary delay, or for economic
 5200  advantage, competitive reasons, or frivolous purposes or
 5201  needless increase in the cost of litigation. If a pleading,
 5202  motion, or other paper is signed in violation of these
 5203  requirements, the administrative law judge, upon motion or his
 5204  or her own initiative, shall impose upon the person who signed
 5205  it, a represented party, or both, an appropriate sanction, which
 5206  may include an order to pay to the other party or parties the
 5207  amount of reasonable expenses incurred because of the filing of
 5208  the pleading, motion, or other paper, including a reasonable
 5209  attorney’s fee.
 5210         (13) EXCLUSIVE PROCEEDINGS.—The proceedings under this
 5211  section shall be the sole proceeding or action for a
 5212  determination of whether a local government’s plan, element, or
 5213  amendment is in compliance with this act.
 5214         (14) AREAS OF CRITICAL STATE CONCERN.—No proposed local
 5215  government comprehensive plan or plan amendment which is
 5216  applicable to a designated area of critical state concern shall
 5217  be effective until a final order is issued finding the plan or
 5218  amendment to be in compliance as defined in this section.
 5219         (15) PUBLIC HEARINGS.—
 5220         (a) The procedure for transmittal of a complete proposed
 5221  comprehensive plan or plan amendment pursuant to subsection (3)
 5222  and for adoption of a comprehensive plan or plan amendment
 5223  pursuant to subsection (7) shall be by affirmative vote of not
 5224  less than a majority of the members of the governing body
 5225  present at the hearing. The adoption of a comprehensive plan or
 5226  plan amendment shall be by ordinance. For the purposes of
 5227  transmitting or adopting a comprehensive plan or plan amendment,
 5228  the notice requirements in chapters 125 and 166 are superseded
 5229  by this subsection, except as provided in this part.
 5230         (b) The local governing body shall hold at least two
 5231  advertised public hearings on the proposed comprehensive plan or
 5232  plan amendment as follows:
 5233         1. The first public hearing shall be held at the
 5234  transmittal stage pursuant to subsection (3). It shall be held
 5235  on a weekday at least 7 days after the day that the first
 5236  advertisement is published.
 5237         2. The second public hearing shall be held at the adoption
 5238  stage pursuant to subsection (7). It shall be held on a weekday
 5239  at least 5 days after the day that the second advertisement is
 5240  published.
 5241         (c) The local government shall provide a sign-in form at
 5242  the transmittal hearing and at the adoption hearing for persons
 5243  to provide their names and mailing addresses. The sign-in form
 5244  must advise that any person providing the requested information
 5245  will receive a courtesy informational statement concerning
 5246  publications of the state land planning agency’s notice of
 5247  intent. The local government shall add to the sign-in form the
 5248  name and address of any person who submits written comments
 5249  concerning the proposed plan or plan amendment during the time
 5250  period between the commencement of the transmittal hearing and
 5251  the end of the adoption hearing. It is the responsibility of the
 5252  person completing the form or providing written comments to
 5253  accurately, completely, and legibly provide all information
 5254  needed in order to receive the courtesy informational statement.
 5255         (d) The agency shall provide a model sign-in form for
 5256  providing the list to the agency which may be used by the local
 5257  government to satisfy the requirements of this subsection.
 5258         (e) If the proposed comprehensive plan or plan amendment
 5259  changes the actual list of permitted, conditional, or prohibited
 5260  uses within a future land use category or changes the actual
 5261  future land use map designation of a parcel or parcels of land,
 5262  the required advertisements shall be in the format prescribed by
 5263  s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
 5264  municipality.
 5265         (16) COMPLIANCE AGREEMENTS.—
 5266         (a) At any time following the issuance of a notice of
 5267  intent to find a comprehensive plan or plan amendment not in
 5268  compliance with this part or after the initiation of a hearing
 5269  pursuant to subsection (9), the state land planning agency and
 5270  the local government may voluntarily enter into a compliance
 5271  agreement to resolve one or more of the issues raised in the
 5272  proceedings. Affected persons who have initiated a formal
 5273  proceeding or have intervened in a formal proceeding may also
 5274  enter into the compliance agreement. All parties granted
 5275  intervenor status shall be provided reasonable notice of the
 5276  commencement of a compliance agreement negotiation process and a
 5277  reasonable opportunity to participate in such negotiation
 5278  process. Negotiation meetings with local governments or
 5279  intervenors shall be open to the public. The state land planning
 5280  agency shall provide each party granted intervenor status with a
 5281  copy of the compliance agreement within 10 days after the
 5282  agreement is executed. The compliance agreement shall list each
 5283  portion of the plan or plan amendment which is not in
 5284  compliance, and shall specify remedial actions which the local
 5285  government must complete within a specified time in order to
 5286  bring the plan or plan amendment into compliance, including
 5287  adoption of all necessary plan amendments. The compliance
 5288  agreement may also establish monitoring requirements and
 5289  incentives to ensure that the conditions of the compliance
 5290  agreement are met.
 5291         (b) Upon filing by the state land planning agency of a
 5292  compliance agreement executed by the agency and the local
 5293  government with the Division of Administrative Hearings, any
 5294  administrative proceeding under ss. 120.569 and 120.57 regarding
 5295  the plan or plan amendment covered by the compliance agreement
 5296  shall be stayed.
 5297         (c) Prior to its execution of a compliance agreement, the
 5298  local government must approve the compliance agreement at a
 5299  public hearing advertised at least 10 days before the public
 5300  hearing in a newspaper of general circulation in the area in
 5301  accordance with the advertisement requirements of subsection
 5302  (15).
 5303         (d) A local government may adopt a plan amendment pursuant
 5304  to a compliance agreement in accordance with the requirements of
 5305  paragraph (15)(a). The plan amendment shall be exempt from the
 5306  requirements of subsections (2)-(7). The local government shall
 5307  hold a single adoption public hearing pursuant to the
 5308  requirements of subparagraph (15)(b)2. and paragraph (15)(e).
 5309  Within 10 working days after adoption of a plan amendment, the
 5310  local government shall transmit the amendment to the state land
 5311  planning agency as specified in the agency’s procedural rules,
 5312  and shall submit one copy to the regional planning agency and to
 5313  any other unit of local government or government agency in the
 5314  state that has filed a written request with the governing body
 5315  for a copy of the plan amendment, and one copy to any party to
 5316  the proceeding under ss. 120.569 and 120.57 granted intervenor
 5317  status.
 5318         (e) The state land planning agency, upon receipt of a plan
 5319  amendment adopted pursuant to a compliance agreement, shall
 5320  issue a cumulative notice of intent addressing both the
 5321  compliance agreement amendment and the plan or plan amendment
 5322  that was the subject of the agreement, in accordance with
 5323  subsection (8).
 5324         (f)1. If the local government adopts a comprehensive plan
 5325  amendment pursuant to a compliance agreement and a notice of
 5326  intent to find the plan amendment in compliance is issued, the
 5327  state land planning agency shall forward the notice of intent to
 5328  the Division of Administrative Hearings and the administrative
 5329  law judge shall realign the parties in the pending proceeding
 5330  under ss. 120.569 and 120.57, which shall thereafter be governed
 5331  by the process contained in paragraphs (9)(a) and (b), including
 5332  provisions relating to challenges by an affected person, burden
 5333  of proof, and issues of a recommended order and a final order,
 5334  except as provided in subparagraph 2. Parties to the original
 5335  proceeding at the time of realignment may continue as parties
 5336  without being required to file additional pleadings to initiate
 5337  a proceeding, but may timely amend their pleadings to raise any
 5338  challenge to the amendment which is the subject of the
 5339  cumulative notice of intent, and must otherwise conform to the
 5340  rules of procedure of the Division of Administrative Hearings.
 5341  Any affected person not a party to the realigned proceeding may
 5342  challenge the plan amendment which is the subject of the
 5343  cumulative notice of intent by filing a petition with the agency
 5344  as provided in subsection (9). The agency shall forward the
 5345  petition filed by the affected person not a party to the
 5346  realigned proceeding to the Division of Administrative Hearings
 5347  for consolidation with the realigned proceeding.
 5348         2. If any of the issues raised by the state land planning
 5349  agency in the original subsection (10) proceeding are not
 5350  resolved by the compliance agreement amendments, any intervenor
 5351  in the original subsection (10) proceeding may require those
 5352  issues to be addressed in the pending consolidated realigned
 5353  proceeding under ss. 120.569 and 120.57. As to those unresolved
 5354  issues, the burden of proof shall be governed by subsection
 5355  (10).
 5356         3. If the local government adopts a comprehensive plan
 5357  amendment pursuant to a compliance agreement and a notice of
 5358  intent to find the plan amendment not in compliance is issued,
 5359  the state land planning agency shall forward the notice of
 5360  intent to the Division of Administrative Hearings, which shall
 5361  consolidate the proceeding with the pending proceeding and
 5362  immediately set a date for hearing in the pending proceeding
 5363  under ss. 120.569 and 120.57. Affected persons who are not a
 5364  party to the underlying proceeding under ss. 120.569 and 120.57
 5365  may challenge the plan amendment adopted pursuant to the
 5366  compliance agreement by filing a petition pursuant to subsection
 5367  (10).
 5368         (g) If the local government fails to adopt a comprehensive
 5369  plan amendment pursuant to a compliance agreement, the state
 5370  land planning agency shall notify the Division of Administrative
 5371  Hearings, which shall set the hearing in the pending proceeding
 5372  under ss. 120.569 and 120.57 at the earliest convenient time.
 5373         (h) This subsection does not prohibit a local government
 5374  from amending portions of its comprehensive plan other than
 5375  those which are the subject of the compliance agreement.
 5376  However, such amendments to the plan may not be inconsistent
 5377  with the compliance agreement.
 5378         (i) Nothing in this subsection is intended to limit the
 5379  parties from entering into a compliance agreement at any time
 5380  before the final order in the proceeding is issued, provided
 5381  that the provisions of paragraph (c) shall apply regardless of
 5382  when the compliance agreement is reached.
 5383         (j) Nothing in this subsection is intended to force any
 5384  party into settlement against its will or to preclude the use of
 5385  other informal dispute resolution methods, such as the services
 5386  offered by the Florida Growth Management Dispute Resolution
 5387  Consortium, in the course of or in addition to the method
 5388  described in this subsection.
 5389         (17)COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
 5390  local government that has adopted a community vision and urban
 5391  service boundary under s. 163.3177(13) and (14) may adopt a plan
 5392  amendment related to map amendments solely to property within an
 5393  urban service boundary in the manner described in subsections
 5394  (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
 5395  and e., 2., and 3., such that state and regional agency review
 5396  is eliminated. The department may not issue an objections,
 5397  recommendations, and comments report on proposed plan amendments
 5398  or a notice of intent on adopted plan amendments; however,
 5399  affected persons, as defined by paragraph (1)(a), may file a
 5400  petition for administrative review pursuant to the requirements
 5401  of s. 163.3187(3)(a) to challenge the compliance of an adopted
 5402  plan amendment. This subsection does not apply to any amendment
 5403  within an area of critical state concern, to any amendment that
 5404  increases residential densities allowable in high-hazard coastal
 5405  areas as defined in s. 163.3178(2)(h), or to a text change to
 5406  the goals, policies, or objectives of the local government’s
 5407  comprehensive plan. Amendments submitted under this subsection
 5408  are exempt from the limitation on the frequency of plan
 5409  amendments in s. 163.3187.
 5410         (18)URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
 5411  municipality that has a designated urban infill and
 5412  redevelopment area under s. 163.2517 may adopt a plan amendment
 5413  related to map amendments solely to property within a designated
 5414  urban infill and redevelopment area in the manner described in
 5415  subsections (1), (2), (7), (14), (15), and (16) and s.
 5416  163.3187(1)(c)1.d. and e., 2., and 3., such that state and
 5417  regional agency review is eliminated. The department may not
 5418  issue an objections, recommendations, and comments report on
 5419  proposed plan amendments or a notice of intent on adopted plan
 5420  amendments; however, affected persons, as defined by paragraph
 5421  (1)(a), may file a petition for administrative review pursuant
 5422  to the requirements of s. 163.3187(3)(a) to challenge the
 5423  compliance of an adopted plan amendment. This subsection does
 5424  not apply to any amendment within an area of critical state
 5425  concern, to any amendment that increases residential densities
 5426  allowable in high-hazard coastal areas as defined in s.
 5427  163.3178(2)(h), or to a text change to the goals, policies, or
 5428  objectives of the local government’s comprehensive plan.
 5429  Amendments submitted under this subsection are exempt from the
 5430  limitation on the frequency of plan amendments in s. 163.3187.
 5431         (19)HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.—Any local
 5432  government that identifies in its comprehensive plan the types
 5433  of housing developments and conditions for which it will
 5434  consider plan amendments that are consistent with the local
 5435  housing incentive strategies identified in s. 420.9076 and
 5436  authorized by the local government may expedite consideration of
 5437  such plan amendments. At least 30 days prior to adopting a plan
 5438  amendment pursuant to this subsection, the local government
 5439  shall notify the state land planning agency of its intent to
 5440  adopt such an amendment, and the notice shall include the local
 5441  government’s evaluation of site suitability and availability of
 5442  facilities and services. A plan amendment considered under this
 5443  subsection shall require only a single public hearing before the
 5444  local governing body, which shall be a plan amendment adoption
 5445  hearing as described in subsection (7). The public notice of the
 5446  hearing required under subparagraph (15)(b)2. must include a
 5447  statement that the local government intends to use the expedited
 5448  adoption process authorized under this subsection. The state
 5449  land planning agency shall issue its notice of intent required
 5450  under subsection (8) within 30 days after determining that the
 5451  amendment package is complete. Any further proceedings shall be
 5452  governed by subsections (9)-(16).
 5453         Section 19. Section 163.3187, Florida Statutes, is amended
 5454  to read:
 5455         163.3187 Process for adoption of small-scale comprehensive
 5456  plan amendment of adopted comprehensive plan.—
 5457         (1) Amendments to comprehensive plans adopted pursuant to
 5458  this part may be made not more than two times during any
 5459  calendar year, except:
 5460         (a) In the case of an emergency, comprehensive plan
 5461  amendments may be made more often than twice during the calendar
 5462  year if the additional plan amendment receives the approval of
 5463  all of the members of the governing body. “Emergency” means any
 5464  occurrence or threat thereof whether accidental or natural,
 5465  caused by humankind, in war or peace, which results or may
 5466  result in substantial injury or harm to the population or
 5467  substantial damage to or loss of property or public funds.
 5468         (b) Any local government comprehensive plan amendments
 5469  directly related to a proposed development of regional impact,
 5470  including changes which have been determined to be substantial
 5471  deviations and including Florida Quality Developments pursuant
 5472  to s. 380.061, may be initiated by a local planning agency and
 5473  considered by the local governing body at the same time as the
 5474  application for development approval using the procedures
 5475  provided for local plan amendment in this section and applicable
 5476  local ordinances.
 5477         (1)(c)Any local government comprehensive plan amendments
 5478  directly related to proposed small scale development activities
 5479  may be approved without regard to statutory limits on the
 5480  frequency of consideration of amendments to the local
 5481  comprehensive plan. A small scale development amendment may be
 5482  adopted only under the following conditions:
 5483         (a)1. The proposed amendment involves a use of 10 acres or
 5484  fewer and:
 5485         (b)a. The cumulative annual effect of the acreage for all
 5486  small scale development amendments adopted by the local
 5487  government shall not exceed:
 5488         (I) a maximum of 120 acres in a calendar year. local
 5489  government that contains areas specifically designated in the
 5490  local comprehensive plan for urban infill, urban redevelopment,
 5491  or downtown revitalization as defined in s. 163.3164, urban
 5492  infill and redevelopment areas designated under s. 163.2517,
 5493  transportation concurrency exception areas approved pursuant to
 5494  s. 163.3180(5), or regional activity centers and urban central
 5495  business districts approved pursuant to s. 380.06(2)(e);
 5496  however, amendments under this paragraph may be applied to no
 5497  more than 60 acres annually of property outside the designated
 5498  areas listed in this sub-sub-subparagraph. Amendments adopted
 5499  pursuant to paragraph (k) shall not be counted toward the
 5500  acreage limitations for small scale amendments under this
 5501  paragraph.
 5502         (II) A maximum of 80 acres in a local government that does
 5503  not contain any of the designated areas set forth in sub-sub
 5504  subparagraph (I).
 5505         (III) A maximum of 120 acres in a county established
 5506  pursuant to s. 9, Art. VIII of the State Constitution.
 5507         b. The proposed amendment does not involve the same
 5508  property granted a change within the prior 12 months.
 5509         c. The proposed amendment does not involve the same owner’s
 5510  property within 200 feet of property granted a change within the
 5511  prior 12 months.
 5512         (c)d. The proposed amendment does not involve a text change
 5513  to the goals, policies, and objectives of the local government’s
 5514  comprehensive plan, but only proposes a land use change to the
 5515  future land use map for a site-specific small scale development
 5516  activity. However, text changes that relate directly to, and are
 5517  adopted simultaneously with, the small scale future land use map
 5518  amendment shall be permissible under this section.
 5519         (d)e. The property that is the subject of the proposed
 5520  amendment is not located within an area of critical state
 5521  concern, unless the project subject to the proposed amendment
 5522  involves the construction of affordable housing units meeting
 5523  the criteria of s. 420.0004(3), and is located within an area of
 5524  critical state concern designated by s. 380.0552 or by the
 5525  Administration Commission pursuant to s. 380.05(1). Such
 5526  amendment is not subject to the density limitations of sub
 5527  subparagraph f., and shall be reviewed by the state land
 5528  planning agency for consistency with the principles for guiding
 5529  development applicable to the area of critical state concern
 5530  where the amendment is located and shall not become effective
 5531  until a final order is issued under s. 380.05(6).
 5532         f. If the proposed amendment involves a residential land
 5533  use, the residential land use has a density of 10 units or less
 5534  per acre or the proposed future land use category allows a
 5535  maximum residential density of the same or less than the maximum
 5536  residential density allowable under the existing future land use
 5537  category, except that this limitation does not apply to small
 5538  scale amendments involving the construction of affordable
 5539  housing units meeting the criteria of s. 420.0004(3) on property
 5540  which will be the subject of a land use restriction agreement,
 5541  or small scale amendments described in sub-sub-subparagraph
 5542  a.(I) that are designated in the local comprehensive plan for
 5543  urban infill, urban redevelopment, or downtown revitalization as
 5544  defined in s. 163.3164, urban infill and redevelopment areas
 5545  designated under s. 163.2517, transportation concurrency
 5546  exception areas approved pursuant to s. 163.3180(5), or regional
 5547  activity centers and urban central business districts approved
 5548  pursuant to s. 380.06(2)(e).
 5549         2.a. A local government that proposes to consider a plan
 5550  amendment pursuant to this paragraph is not required to comply
 5551  with the procedures and public notice requirements of s.
 5552  163.3184(15)(c) for such plan amendments if the local government
 5553  complies with the provisions in s. 125.66(4)(a) for a county or
 5554  in s. 166.041(3)(c) for a municipality. If a request for a plan
 5555  amendment under this paragraph is initiated by other than the
 5556  local government, public notice is required.
 5557         b. The local government shall send copies of the notice and
 5558  amendment to the state land planning agency, the regional
 5559  planning council, and any other person or entity requesting a
 5560  copy. This information shall also include a statement
 5561  identifying any property subject to the amendment that is
 5562  located within a coastal high-hazard area as identified in the
 5563  local comprehensive plan.
 5564         (2)3. Small scale development amendments adopted pursuant
 5565  to this section paragraph require only one public hearing before
 5566  the governing board, which shall be an adoption hearing as
 5567  described in s. 163.3184(7), and are not subject to the
 5568  requirements of s. 163.3184(3)-(6) unless the local government
 5569  elects to have them subject to those requirements.
 5570         (3)4. If the small scale development amendment involves a
 5571  site within an area that is designated by the Governor as a
 5572  rural area of critical economic concern as defined under s.
 5573  288.0656(2)(d)(7) for the duration of such designation, the 10
 5574  acre limit listed in subsection (1) subparagraph 1. shall be
 5575  increased by 100 percent to 20 acres. The local government
 5576  approving the small scale plan amendment shall certify to the
 5577  Office of Tourism, Trade, and Economic Development that the plan
 5578  amendment furthers the economic objectives set forth in the
 5579  executive order issued under s. 288.0656(7), and the property
 5580  subject to the plan amendment shall undergo public review to
 5581  ensure that all concurrency requirements and federal, state, and
 5582  local environmental permit requirements are met.
 5583         (d) Any comprehensive plan amendment required by a
 5584  compliance agreement pursuant to s. 163.3184(16) may be approved
 5585  without regard to statutory limits on the frequency of adoption
 5586  of amendments to the comprehensive plan.
 5587         (e) A comprehensive plan amendment for location of a state
 5588  correctional facility. Such an amendment may be made at any time
 5589  and does not count toward the limitation on the frequency of
 5590  plan amendments.
 5591         (f) The capital improvements element annual update required
 5592  in s. 163.3177(3)(b)1. and any amendments directly related to
 5593  the schedule.
 5594         (g) Any local government comprehensive plan amendments
 5595  directly related to proposed redevelopment of brownfield areas
 5596  designated under s. 376.80 may be approved without regard to
 5597  statutory limits on the frequency of consideration of amendments
 5598  to the local comprehensive plan.
 5599         (h) Any comprehensive plan amendments for port
 5600  transportation facilities and projects that are eligible for
 5601  funding by the Florida Seaport Transportation and Economic
 5602  Development Council pursuant to s. 311.07.
 5603         (i) A comprehensive plan amendment for the purpose of
 5604  designating an urban infill and redevelopment area under s.
 5605  163.2517 may be approved without regard to the statutory limits
 5606  on the frequency of amendments to the comprehensive plan.
 5607         (j) Any comprehensive plan amendment to establish public
 5608  school concurrency pursuant to s. 163.3180(13), including, but
 5609  not limited to, adoption of a public school facilities element
 5610  and adoption of amendments to the capital improvements element
 5611  and intergovernmental coordination element. In order to ensure
 5612  the consistency of local government public school facilities
 5613  elements within a county, such elements shall be prepared and
 5614  adopted on a similar time schedule.
 5615         (k) A local comprehensive plan amendment directly related
 5616  to providing transportation improvements to enhance life safety
 5617  on Controlled Access Major Arterial Highways identified in the
 5618  Florida Intrastate Highway System, in counties as defined in s.
 5619  125.011, where such roadways have a high incidence of traffic
 5620  accidents resulting in serious injury or death. Any such
 5621  amendment shall not include any amendment modifying the
 5622  designation on a comprehensive development plan land use map nor
 5623  any amendment modifying the allowable densities or intensities
 5624  of any land.
 5625         (l) A comprehensive plan amendment to adopt a public
 5626  educational facilities element pursuant to s. 163.3177(12) and
 5627  future land-use-map amendments for school siting may be approved
 5628  notwithstanding statutory limits on the frequency of adopting
 5629  plan amendments.
 5630         (m) A comprehensive plan amendment that addresses criteria
 5631  or compatibility of land uses adjacent to or in close proximity
 5632  to military installations in a local government’s future land
 5633  use element does not count toward the limitation on the
 5634  frequency of the plan amendments.
 5635         (n) Any local government comprehensive plan amendment
 5636  establishing or implementing a rural land stewardship area
 5637  pursuant to the provisions of s. 163.3177(11)(d).
 5638         (o) A comprehensive plan amendment that is submitted by an
 5639  area designated by the Governor as a rural area of critical
 5640  economic concern under s. 288.0656(7) and that meets the
 5641  economic development objectives may be approved without regard
 5642  to the statutory limits on the frequency of adoption of
 5643  amendments to the comprehensive plan.
 5644         (p) Any local government comprehensive plan amendment that
 5645  is consistent with the local housing incentive strategies
 5646  identified in s. 420.9076 and authorized by the local
 5647  government.
 5648         (q) Any local government plan amendment to designate an
 5649  urban service area as a transportation concurrency exception
 5650  area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
 5651  development-of-regional-impact process under s. 380.06(29).
 5652         (4)(2) Comprehensive plans may only be amended in such a
 5653  way as to preserve the internal consistency of the plan pursuant
 5654  to s. 163.3177(2). Corrections, updates, or modifications of
 5655  current costs which were set out as part of the comprehensive
 5656  plan shall not, for the purposes of this act, be deemed to be
 5657  amendments.
 5658         (3)(a) The state land planning agency shall not review or
 5659  issue a notice of intent for small scale development amendments
 5660  which satisfy the requirements of paragraph (1)(c).
 5661         (5)(a) Any affected person may file a petition with the
 5662  Division of Administrative Hearings pursuant to ss. 120.569 and
 5663  120.57 to request a hearing to challenge the compliance of a
 5664  small scale development amendment with this act within 30 days
 5665  following the local government’s adoption of the amendment and,
 5666  shall serve a copy of the petition on the local government, and
 5667  shall furnish a copy to the state land planning agency. An
 5668  administrative law judge shall hold a hearing in the affected
 5669  jurisdiction not less than 30 days nor more than 60 days
 5670  following the filing of a petition and the assignment of an
 5671  administrative law judge. The parties to a hearing held pursuant
 5672  to this subsection shall be the petitioner, the local
 5673  government, and any intervenor. In the proceeding, the plan
 5674  amendment shall be determined to be in compliance if the local
 5675  government’s determination that the small scale development
 5676  amendment is in compliance is fairly debatable presumed to be
 5677  correct. The local government’s determination shall be sustained
 5678  unless it is shown by a preponderance of the evidence that the
 5679  amendment is not in compliance with the requirements of this
 5680  act. In any proceeding initiated pursuant to this subsection,
 5681  The state land planning agency may not intervene in any
 5682  proceeding initiated pursuant to this section.
 5683         (b)1. If the administrative law judge recommends that the
 5684  small scale development amendment be found not in compliance,
 5685  the administrative law judge shall submit the recommended order
 5686  to the Administration Commission for final agency action. If the
 5687  administrative law judge recommends that the small scale
 5688  development amendment be found in compliance, the administrative
 5689  law judge shall submit the recommended order to the state land
 5690  planning agency.
 5691         2. If the state land planning agency determines that the
 5692  plan amendment is not in compliance, the agency shall submit,
 5693  within 30 days following its receipt, the recommended order to
 5694  the Administration Commission for final agency action. If the
 5695  state land planning agency determines that the plan amendment is
 5696  in compliance, the agency shall enter a final order within 30
 5697  days following its receipt of the recommended order.
 5698         (c) Small scale development amendments shall not become
 5699  effective until 31 days after adoption. If challenged within 30
 5700  days after adoption, small scale development amendments shall
 5701  not become effective until the state land planning agency or the
 5702  Administration Commission, respectively, issues a final order
 5703  determining that the adopted small scale development amendment
 5704  is in compliance.
 5705         (d) In all challenges under this subsection, when a
 5706  determination of compliance as defined in s. 163.3184(1)(b) is
 5707  made, consideration shall be given to the plan amendment as a
 5708  whole and whether the plan amendment furthers the intent of this
 5709  part.
 5710         (4) Each governing body shall transmit to the state land
 5711  planning agency a current copy of its comprehensive plan not
 5712  later than December 1, 1985. Each governing body shall also
 5713  transmit copies of any amendments it adopts to its comprehensive
 5714  plan so as to continually update the plans on file with the
 5715  state land planning agency.
 5716         (5) Nothing in this part is intended to prohibit or limit
 5717  the authority of local governments to require that a person
 5718  requesting an amendment pay some or all of the cost of public
 5719  notice.
 5720         (6)(a) No local government may amend its comprehensive plan
 5721  after the date established by the state land planning agency for
 5722  adoption of its evaluation and appraisal report unless it has
 5723  submitted its report or addendum to the state land planning
 5724  agency as prescribed by s. 163.3191, except for plan amendments
 5725  described in paragraph (1)(b) or paragraph (1)(h).
 5726         (b) A local government may amend its comprehensive plan
 5727  after it has submitted its adopted evaluation and appraisal
 5728  report and for a period of 1 year after the initial
 5729  determination of sufficiency regardless of whether the report
 5730  has been determined to be insufficient.
 5731         (c) A local government may not amend its comprehensive
 5732  plan, except for plan amendments described in paragraph (1)(b),
 5733  if the 1-year period after the initial sufficiency determination
 5734  of the report has expired and the report has not been determined
 5735  to be sufficient.
 5736         (d) When the state land planning agency has determined that
 5737  the report has sufficiently addressed all pertinent provisions
 5738  of s. 163.3191, the local government may amend its comprehensive
 5739  plan without the limitations imposed by paragraph (a) or
 5740  paragraph (c).
 5741         (e) Any plan amendment which a local government attempts to
 5742  adopt in violation of paragraph (a) or paragraph (c) is invalid,
 5743  but such invalidity may be overcome if the local government
 5744  readopts the amendment and transmits the amendment to the state
 5745  land planning agency pursuant to s. 163.3184(7) after the report
 5746  is determined to be sufficient.
 5747         Section 20. Section 163.3191, Florida Statutes, is amended
 5748  to read:
 5749         163.3191 Evaluation and appraisal of comprehensive plan.—
 5750         (1) At least once every 7 years, each local government
 5751  shall evaluate its comprehensive plan to determine if plan
 5752  amendments are necessary to reflect changes in state
 5753  requirements in this part since the last update of the
 5754  comprehensive plan, and notify the state land planning agency as
 5755  to its determination.
 5756         (2) If the local government determines amendments to its
 5757  comprehensive plan are necessary to reflect changes in state
 5758  requirements, the local government shall prepare and transmit
 5759  within 1 year such plan amendment or amendments for review
 5760  pursuant to s. 163.3184.
 5761         (3) Local governments are encouraged to comprehensively
 5762  evaluate and, as necessary, update comprehensive plans to
 5763  reflect changes in local conditions. Plan amendments transmitted
 5764  pursuant to this section shall be reviewed in accordance with s.
 5765  163.3184.
 5766         (4) If a local government fails to submit its letter
 5767  prescribed by subsection (1) or update its plan pursuant to
 5768  subsection (2), it may not amend its comprehensive plan until
 5769  such time as it complies with this section.
 5770         (1) The planning program shall be a continuous and ongoing
 5771  process. Each local government shall adopt an evaluation and
 5772  appraisal report once every 7 years assessing the progress in
 5773  implementing the local government’s comprehensive plan.
 5774  Furthermore, it is the intent of this section that:
 5775         (a) Adopted comprehensive plans be reviewed through such
 5776  evaluation process to respond to changes in state, regional, and
 5777  local policies on planning and growth management and changing
 5778  conditions and trends, to ensure effective intergovernmental
 5779  coordination, and to identify major issues regarding the
 5780  community’s achievement of its goals.
 5781         (b) After completion of the initial evaluation and
 5782  appraisal report and any supporting plan amendments, each
 5783  subsequent evaluation and appraisal report must evaluate the
 5784  comprehensive plan in effect at the time of the initiation of
 5785  the evaluation and appraisal report process.
 5786         (c) Local governments identify the major issues, if
 5787  applicable, with input from state agencies, regional agencies,
 5788  adjacent local governments, and the public in the evaluation and
 5789  appraisal report process. It is also the intent of this section
 5790  to establish minimum requirements for information to ensure
 5791  predictability, certainty, and integrity in the growth
 5792  management process. The report is intended to serve as a summary
 5793  audit of the actions that a local government has undertaken and
 5794  identify changes that it may need to make. The report should be
 5795  based on the local government’s analysis of major issues to
 5796  further the community’s goals consistent with statewide minimum
 5797  standards. The report is not intended to require a comprehensive
 5798  rewrite of the elements within the local plan, unless a local
 5799  government chooses to do so.
 5800         (2) The report shall present an evaluation and assessment
 5801  of the comprehensive plan and shall contain appropriate
 5802  statements to update the comprehensive plan, including, but not
 5803  limited to, words, maps, illustrations, or other media, related
 5804  to:
 5805         (a) Population growth and changes in land area, including
 5806  annexation, since the adoption of the original plan or the most
 5807  recent update amendments.
 5808         (b) The extent of vacant and developable land.
 5809         (c) The financial feasibility of implementing the
 5810  comprehensive plan and of providing needed infrastructure to
 5811  achieve and maintain adopted level-of-service standards and
 5812  sustain concurrency management systems through the capital
 5813  improvements element, as well as the ability to address
 5814  infrastructure backlogs and meet the demands of growth on public
 5815  services and facilities.
 5816         (d) The location of existing development in relation to the
 5817  location of development as anticipated in the original plan, or
 5818  in the plan as amended by the most recent evaluation and
 5819  appraisal report update amendments, such as within areas
 5820  designated for urban growth.
 5821         (e) An identification of the major issues for the
 5822  jurisdiction and, where pertinent, the potential social,
 5823  economic, and environmental impacts.
 5824         (f) Relevant changes to the state comprehensive plan, the
 5825  requirements of this part, the minimum criteria contained in
 5826  chapter 9J-5, Florida Administrative Code, and the appropriate
 5827  strategic regional policy plan since the adoption of the
 5828  original plan or the most recent evaluation and appraisal report
 5829  update amendments.
 5830         (g) An assessment of whether the plan objectives within
 5831  each element, as they relate to major issues, have been
 5832  achieved. The report shall include, as appropriate, an
 5833  identification as to whether unforeseen or unanticipated changes
 5834  in circumstances have resulted in problems or opportunities with
 5835  respect to major issues identified in each element and the
 5836  social, economic, and environmental impacts of the issue.
 5837         (h) A brief assessment of successes and shortcomings
 5838  related to each element of the plan.
 5839         (i) The identification of any actions or corrective
 5840  measures, including whether plan amendments are anticipated to
 5841  address the major issues identified and analyzed in the report.
 5842  Such identification shall include, as appropriate, new
 5843  population projections, new revised planning timeframes, a
 5844  revised future conditions map or map series, an updated capital
 5845  improvements element, and any new and revised goals, objectives,
 5846  and policies for major issues identified within each element.
 5847  This paragraph shall not require the submittal of the plan
 5848  amendments with the evaluation and appraisal report.
 5849         (j) A summary of the public participation program and
 5850  activities undertaken by the local government in preparing the
 5851  report.
 5852         (k) The coordination of the comprehensive plan with
 5853  existing public schools and those identified in the applicable
 5854  educational facilities plan adopted pursuant to s. 1013.35. The
 5855  assessment shall address, where relevant, the success or failure
 5856  of the coordination of the future land use map and associated
 5857  planned residential development with public schools and their
 5858  capacities, as well as the joint decisionmaking processes
 5859  engaged in by the local government and the school board in
 5860  regard to establishing appropriate population projections and
 5861  the planning and siting of public school facilities. For those
 5862  counties or municipalities that do not have a public schools
 5863  interlocal agreement or public school facilities element, the
 5864  assessment shall determine whether the local government
 5865  continues to meet the criteria of s. 163.3177(12). If the county
 5866  or municipality determines that it no longer meets the criteria,
 5867  it must adopt appropriate school concurrency goals, objectives,
 5868  and policies in its plan amendments pursuant to the requirements
 5869  of the public school facilities element, and enter into the
 5870  existing interlocal agreement required by ss. 163.3177(6)(h)2.
 5871  and 163.31777 in order to fully participate in the school
 5872  concurrency system.
 5873         (l) The extent to which the local government has been
 5874  successful in identifying alternative water supply projects and
 5875  traditional water supply projects, including conservation and
 5876  reuse, necessary to meet the water needs identified in s.
 5877  373.709(2)(a) within the local government’s jurisdiction. The
 5878  report must evaluate the degree to which the local government
 5879  has implemented the work plan for building public, private, and
 5880  regional water supply facilities, including development of
 5881  alternative water supplies, identified in the element as
 5882  necessary to serve existing and new development.
 5883         (m) If any of the jurisdiction of the local government is
 5884  located within the coastal high-hazard area, an evaluation of
 5885  whether any past reduction in land use density impairs the
 5886  property rights of current residents when redevelopment occurs,
 5887  including, but not limited to, redevelopment following a natural
 5888  disaster. The property rights of current residents shall be
 5889  balanced with public safety considerations. The local government
 5890  must identify strategies to address redevelopment feasibility
 5891  and the property rights of affected residents. These strategies
 5892  may include the authorization of redevelopment up to the actual
 5893  built density in existence on the property prior to the natural
 5894  disaster or redevelopment.
 5895         (n) An assessment of whether the criteria adopted pursuant
 5896  to s. 163.3177(6)(a) were successful in achieving compatibility
 5897  with military installations.
 5898         (o) The extent to which a concurrency exception area
 5899  designated pursuant to s. 163.3180(5), a concurrency management
 5900  area designated pursuant to s. 163.3180(7), or a multimodal
 5901  transportation district designated pursuant to s. 163.3180(15)
 5902  has achieved the purpose for which it was created and otherwise
 5903  complies with the provisions of s. 163.3180.
 5904         (p) An assessment of the extent to which changes are needed
 5905  to develop a common methodology for measuring impacts on
 5906  transportation facilities for the purpose of implementing its
 5907  concurrency management system in coordination with the
 5908  municipalities and counties, as appropriate pursuant to s.
 5909  163.3180(10).
 5910         (3) Voluntary scoping meetings may be conducted by each
 5911  local government or several local governments within the same
 5912  county that agree to meet together. Joint meetings among all
 5913  local governments in a county are encouraged. All scoping
 5914  meetings shall be completed at least 1 year prior to the
 5915  established adoption date of the report. The purpose of the
 5916  meetings shall be to distribute data and resources available to
 5917  assist in the preparation of the report, to provide input on
 5918  major issues in each community that should be addressed in the
 5919  report, and to advise on the extent of the effort for the
 5920  components of subsection (2). If scoping meetings are held, the
 5921  local government shall invite each state and regional reviewing
 5922  agency, as well as adjacent and other affected local
 5923  governments. A preliminary list of new data and major issues
 5924  that have emerged since the adoption of the original plan, or
 5925  the most recent evaluation and appraisal report-based update
 5926  amendments, should be developed by state and regional entities
 5927  and involved local governments for distribution at the scoping
 5928  meeting. For purposes of this subsection, a “scoping meeting” is
 5929  a meeting conducted to determine the scope of review of the
 5930  evaluation and appraisal report by parties to which the report
 5931  relates.
 5932         (4) The local planning agency shall prepare the evaluation
 5933  and appraisal report and shall make recommendations to the
 5934  governing body regarding adoption of the proposed report. The
 5935  local planning agency shall prepare the report in conformity
 5936  with its public participation procedures adopted as required by
 5937  s. 163.3181. During the preparation of the proposed report and
 5938  prior to making any recommendation to the governing body, the
 5939  local planning agency shall hold at least one public hearing,
 5940  with public notice, on the proposed report. At a minimum, the
 5941  format and content of the proposed report shall include a table
 5942  of contents; numbered pages; element headings; section headings
 5943  within elements; a list of included tables, maps, and figures; a
 5944  title and sources for all included tables; a preparation date;
 5945  and the name of the preparer. Where applicable, maps shall
 5946  include major natural and artificial geographic features; city,
 5947  county, and state lines; and a legend indicating a north arrow,
 5948  map scale, and the date.
 5949         (5) Ninety days prior to the scheduled adoption date, the
 5950  local government may provide a proposed evaluation and appraisal
 5951  report to the state land planning agency and distribute copies
 5952  to state and regional commenting agencies as prescribed by rule,
 5953  adjacent jurisdictions, and interested citizens for review. All
 5954  review comments, including comments by the state land planning
 5955  agency, shall be transmitted to the local government and state
 5956  land planning agency within 30 days after receipt of the
 5957  proposed report.
 5958         (6) The governing body, after considering the review
 5959  comments and recommended changes, if any, shall adopt the
 5960  evaluation and appraisal report by resolution or ordinance at a
 5961  public hearing with public notice. The governing body shall
 5962  adopt the report in conformity with its public participation
 5963  procedures adopted as required by s. 163.3181. The local
 5964  government shall submit to the state land planning agency three
 5965  copies of the report, a transmittal letter indicating the dates
 5966  of public hearings, and a copy of the adoption resolution or
 5967  ordinance. The local government shall provide a copy of the
 5968  report to the reviewing agencies which provided comments for the
 5969  proposed report, or to all the reviewing agencies if a proposed
 5970  report was not provided pursuant to subsection (5), including
 5971  the adjacent local governments. Within 60 days after receipt,
 5972  the state land planning agency shall review the adopted report
 5973  and make a preliminary sufficiency determination that shall be
 5974  forwarded by the agency to the local government for its
 5975  consideration. The state land planning agency shall issue a
 5976  final sufficiency determination within 90 days after receipt of
 5977  the adopted evaluation and appraisal report.
 5978         (7) The intent of the evaluation and appraisal process is
 5979  the preparation of a plan update that clearly and concisely
 5980  achieves the purpose of this section. Toward this end, the
 5981  sufficiency review of the state land planning agency shall
 5982  concentrate on whether the evaluation and appraisal report
 5983  sufficiently fulfills the components of subsection (2). If the
 5984  state land planning agency determines that the report is
 5985  insufficient, the governing body shall adopt a revision of the
 5986  report and submit the revised report for review pursuant to
 5987  subsection (6).
 5988         (8) The state land planning agency may delegate the review
 5989  of evaluation and appraisal reports, including all state land
 5990  planning agency duties under subsections (4)-(7), to the
 5991  appropriate regional planning council. When the review has been
 5992  delegated to a regional planning council, any local government
 5993  in the region may elect to have its report reviewed by the
 5994  regional planning council rather than the state land planning
 5995  agency. The state land planning agency shall by agreement
 5996  provide for uniform and adequate review of reports and shall
 5997  retain oversight for any delegation of review to a regional
 5998  planning council.
 5999         (9) The state land planning agency may establish a phased
 6000  schedule for adoption of reports. The schedule shall provide
 6001  each local government at least 7 years from plan adoption or
 6002  last established adoption date for a report and shall allot
 6003  approximately one-seventh of the reports to any 1 year. In order
 6004  to allow the municipalities to use data and analyses gathered by
 6005  the counties, the state land planning agency shall schedule
 6006  municipal report adoption dates between 1 year and 18 months
 6007  later than the report adoption date for the county in which
 6008  those municipalities are located. A local government may adopt
 6009  its report no earlier than 90 days prior to the established
 6010  adoption date. Small municipalities which were scheduled by
 6011  chapter 9J-33, Florida Administrative Code, to adopt their
 6012  evaluation and appraisal report after February 2, 1999, shall be
 6013  rescheduled to adopt their report together with the other
 6014  municipalities in their county as provided in this subsection.
 6015         (10) The governing body shall amend its comprehensive plan
 6016  based on the recommendations in the report and shall update the
 6017  comprehensive plan based on the components of subsection (2),
 6018  pursuant to the provisions of ss. 163.3184, 163.3187, and
 6019  163.3189. Amendments to update a comprehensive plan based on the
 6020  evaluation and appraisal report shall be adopted during a single
 6021  amendment cycle within 18 months after the report is determined
 6022  to be sufficient by the state land planning agency, except the
 6023  state land planning agency may grant an extension for adoption
 6024  of a portion of such amendments. The state land planning agency
 6025  may grant a 6-month extension for the adoption of such
 6026  amendments if the request is justified by good and sufficient
 6027  cause as determined by the agency. An additional extension may
 6028  also be granted if the request will result in greater
 6029  coordination between transportation and land use, for the
 6030  purposes of improving Florida’s transportation system, as
 6031  determined by the agency in coordination with the Metropolitan
 6032  Planning Organization program. Beginning July 1, 2006, failure
 6033  to timely adopt and transmit update amendments to the
 6034  comprehensive plan based on the evaluation and appraisal report
 6035  shall result in a local government being prohibited from
 6036  adopting amendments to the comprehensive plan until the
 6037  evaluation and appraisal report update amendments have been
 6038  adopted and transmitted to the state land planning agency. The
 6039  prohibition on plan amendments shall commence when the update
 6040  amendments to the comprehensive plan are past due. The
 6041  comprehensive plan as amended shall be in compliance as defined
 6042  in s. 163.3184(1)(b). Within 6 months after the effective date
 6043  of the update amendments to the comprehensive plan, the local
 6044  government shall provide to the state land planning agency and
 6045  to all agencies designated by rule a complete copy of the
 6046  updated comprehensive plan.
 6047         (11) The Administration Commission may impose the sanctions
 6048  provided by s. 163.3184(11) against any local government that
 6049  fails to adopt and submit a report, or that fails to implement
 6050  its report through timely and sufficient amendments to its local
 6051  plan, except for reasons of excusable delay or valid planning
 6052  reasons agreed to by the state land planning agency or found
 6053  present by the Administration Commission. Sanctions for untimely
 6054  or insufficient plan amendments shall be prospective only and
 6055  shall begin after a final order has been issued by the
 6056  Administration Commission and a reasonable period of time has
 6057  been allowed for the local government to comply with an adverse
 6058  determination by the Administration Commission through adoption
 6059  of plan amendments that are in compliance. The state land
 6060  planning agency may initiate, and an affected person may
 6061  intervene in, such a proceeding by filing a petition with the
 6062  Division of Administrative Hearings, which shall appoint an
 6063  administrative law judge and conduct a hearing pursuant to ss.
 6064  120.569 and 120.57(1) and shall submit a recommended order to
 6065  the Administration Commission. The affected local government
 6066  shall be a party to any such proceeding. The commission may
 6067  implement this subsection by rule.
 6068         (5)(12) The state land planning agency shall not adopt
 6069  rules to implement this section, other than procedural rules.
 6070         (13) The state land planning agency shall regularly review
 6071  the evaluation and appraisal report process and submit a report
 6072  to the Governor, the Administration Commission, the Speaker of
 6073  the House of Representatives, the President of the Senate, and
 6074  the respective community affairs committees of the Senate and
 6075  the House of Representatives. The first report shall be
 6076  submitted by December 31, 2004, and subsequent reports shall be
 6077  submitted every 5 years thereafter. At least 9 months before the
 6078  due date of each report, the Secretary of Community Affairs
 6079  shall appoint a technical committee of at least 15 members to
 6080  assist in the preparation of the report. The membership of the
 6081  technical committee shall consist of representatives of local
 6082  governments, regional planning councils, the private sector, and
 6083  environmental organizations. The report shall assess the
 6084  effectiveness of the evaluation and appraisal report process.
 6085         (14) The requirement of subsection (10) prohibiting a local
 6086  government from adopting amendments to the local comprehensive
 6087  plan until the evaluation and appraisal report update amendments
 6088  have been adopted and transmitted to the state land planning
 6089  agency does not apply to a plan amendment proposed for adoption
 6090  by the appropriate local government as defined in s.
 6091  163.3178(2)(k) in order to integrate a port comprehensive master
 6092  plan with the coastal management element of the local
 6093  comprehensive plan as required by s. 163.3178(2)(k) if the port
 6094  comprehensive master plan or the proposed plan amendment does
 6095  not cause or contribute to the failure of the local government
 6096  to comply with the requirements of the evaluation and appraisal
 6097  report.
 6098         Section 21. Present subsections (3), (4), (5), and (6) of
 6099  section 163.3194, Florida Statutes, are renumbered as
 6100  subsections (4), (5), (6), and (7), respectively, and a new
 6101  subsection (3) is added to that section, to read:
 6102         163.3194 Legal status of comprehensive plan.—
 6103         (3)A governing body may not issue a development order or
 6104  permit to erect, operate, use, or maintain a sign requiring a
 6105  permit by s. 479.07 unless the sign is located on a parcel
 6106  designated for commercial or industrial use, or located in an
 6107  unzoned commercial or industrial area, or located on an unzoned
 6108  commercial or industrial parcel.
 6109         (a)As used in this subsection, the term:
 6110         1.“Designated for commercial or industrial use” means a
 6111  parcel of land designated predominately for commercial or
 6112  industrial uses under both the future land use map approved by
 6113  the state land planning agency and the land development
 6114  regulations adopted pursuant to this chapter.
 6115         2.“In an unzoned commercial or industrial area or on an
 6116  unzoned commercial or industrial parcel” means an area or parcel
 6117  that is not specifically designated for commercial or industrial
 6118  uses under the land development regulations and is located in an
 6119  area designated by the future land use map of a plan approved by
 6120  the state land planning agency for multiple uses that include
 6121  commercial or industrial uses within which three or more
 6122  separate and distinct conforming industrial or commercial
 6123  activities are located within the area as provided in s.
 6124  479.01(26)(a).
 6125         (b)If a parcel is located in an area designated for
 6126  multiple uses on the future land use map of the comprehensive
 6127  plan and the zoning category of the land development regulations
 6128  does not clearly designate that parcel for a specific use, the
 6129  parcel will be considered an unzoned commercial or industrial
 6130  parcel if it meets the criteria of s. 479.01(26).
 6131  Notwithstanding the provisions of s. 479.02(7), only the
 6132  activities listed under s. 479.01(26)(b) may not be recognized
 6133  as commercial or industrial activities for purposes of this
 6134  subsection.
 6135         (c)A development order or permit to erect, operate, use,
 6136  or maintain a sign issued pursuant to a plan approved by the
 6137  state land planning agency on a parcel designated for commercial
 6138  or industrial use, or located in an area or on a parcel which
 6139  qualifies as an unzoned commercial or industrial area is under
 6140  the effective control of the state and in compliance with s.
 6141  479.07 and s. 479.111(2) and the Department of Transportation
 6142  shall rely upon such determination by the local permitting
 6143  agency for the purposes of such sections and any determinations
 6144  required by s. 479.02(3) and (7).
 6145         (d)Permitting action by a governing body for the erection,
 6146  operation, use or maintenance of a sign requiring a permit by s.
 6147  479.07, which is inconsistent with the provisions of this
 6148  subsection and implemented primarily to permit such a sign, is
 6149  not authorized by this subsection.
 6150         (e) The provisions under this subsection may not be
 6151  implemented if the US Secretary of Transportation provides
 6152  written notification to the department that implementation will
 6153  adversely affect the allocation of federal funds to the
 6154  department.
 6155         Section 22. Paragraph (b) of subsection (2) of section
 6156  163.3217, Florida Statutes, is amended to read:
 6157         163.3217 Municipal overlay for municipal incorporation.—
 6158         (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
 6159  OVERLAY.—
 6160         (b)1. A municipal overlay shall be adopted as an amendment
 6161  to the local government comprehensive plan as prescribed by s.
 6162  163.3184.
 6163         2. A county may consider the adoption of a municipal
 6164  overlay without regard to the provisions of s. 163.3187(1)
 6165  regarding the frequency of adoption of amendments to the local
 6166  comprehensive plan.
 6167         Section 23. Subsection (3) of section 163.3220, Florida
 6168  Statutes, is amended to read:
 6169         163.3220 Short title; legislative intent.—
 6170         (3) In conformity with, in furtherance of, and to implement
 6171  the Community Local Government Comprehensive Planning and Land
 6172  Development Regulation Act and the Florida State Comprehensive
 6173  Planning Act of 1972, it is the intent of the Legislature to
 6174  encourage a stronger commitment to comprehensive and capital
 6175  facilities planning, ensure the provision of adequate public
 6176  facilities for development, encourage the efficient use of
 6177  resources, and reduce the economic cost of development.
 6178         Section 24. Subsections (2) and (11) of section 163.3221,
 6179  Florida Statutes, are amended to read:
 6180         163.3221 Florida Local Government Development Agreement
 6181  Act; definitions.—As used in ss. 163.3220-163.3243:
 6182         (2) “Comprehensive plan” means a plan adopted pursuant to
 6183  the Community “Local Government Comprehensive Planning and Land
 6184  Development Regulation Act.
 6185         (11) “Local planning agency” means the agency designated to
 6186  prepare a comprehensive plan or plan amendment pursuant to the
 6187  Community “Florida Local Government Comprehensive Planning and
 6188  Land Development Regulation Act.
 6189         Section 25. Section 163.3229, Florida Statutes, is amended
 6190  to read:
 6191         163.3229 Duration of a development agreement and
 6192  relationship to local comprehensive plan.—The duration of a
 6193  development agreement may shall not exceed 30 20 years, unless
 6194  it is. It may be extended by mutual consent of the governing
 6195  body and the developer, subject to a public hearing in
 6196  accordance with s. 163.3225. No development agreement shall be
 6197  effective or be implemented by a local government unless the
 6198  local government’s comprehensive plan and plan amendments
 6199  implementing or related to the agreement are found in compliance
 6200  by the state land planning agency in accordance with s.
 6201  163.3184, s. 163.3187, or s. 163.3189.
 6202         Section 26. Section 163.3235, Florida Statutes, is amended
 6203  to read:
 6204         163.3235 Periodic review of a development agreement.—A
 6205  local government shall review land subject to a development
 6206  agreement at least once every 12 months to determine if there
 6207  has been demonstrated good faith compliance with the terms of
 6208  the development agreement. For each annual review conducted
 6209  during years 6 through 10 of a development agreement, the review
 6210  shall be incorporated into a written report which shall be
 6211  submitted to the parties to the agreement and the state land
 6212  planning agency. The state land planning agency shall adopt
 6213  rules regarding the contents of the report, provided that the
 6214  report shall be limited to the information sufficient to
 6215  determine the extent to which the parties are proceeding in good
 6216  faith to comply with the terms of the development agreement. If
 6217  the local government finds, on the basis of substantial
 6218  competent evidence, that there has been a failure to comply with
 6219  the terms of the development agreement, the agreement may be
 6220  revoked or modified by the local government.
 6221         Section 27. Section 163.3239, Florida Statutes, is amended
 6222  to read:
 6223         163.3239 Recording and effectiveness of a development
 6224  agreement.—Within 14 days after a local government enters into a
 6225  development agreement, the local government shall record the
 6226  agreement with the clerk of the circuit court in the county
 6227  where the local government is located. A copy of the recorded
 6228  development agreement shall be submitted to the state land
 6229  planning agency within 14 days after the agreement is recorded.
 6230  A development agreement shall not be effective until it is
 6231  properly recorded in the public records of the county and until
 6232  30 days after having been received by the state land planning
 6233  agency pursuant to this section. The burdens of the development
 6234  agreement shall be binding upon, and the benefits of the
 6235  agreement shall inure to, all successors in interest to the
 6236  parties to the agreement.
 6237         Section 28. Section 163.3243, Florida Statutes, is amended
 6238  to read:
 6239         163.3243 Enforcement.—Any party or, any aggrieved or
 6240  adversely affected person as defined in s. 163.3215(2), or the
 6241  state land planning agency may file an action for injunctive
 6242  relief in the circuit court where the local government is
 6243  located to enforce the terms of a development agreement or to
 6244  challenge compliance of the agreement with the provisions of ss.
 6245  163.3220-163.3243.
 6246         Section 29. Section 163.3245, Florida Statutes, is amended
 6247  to read:
 6248         163.3245 Optional Sector plans.—
 6249         (1) In recognition of the benefits of conceptual long-range
 6250  planning for the buildout of an area, and detailed planning for
 6251  specific areas, as a demonstration project, the requirements of
 6252  s. 380.06 may be addressed as identified by this section for up
 6253  to five local governments or combinations of local governments
 6254  may which adopt into their the comprehensive plans a plan an
 6255  optional sector plan in accordance with this section. This
 6256  section is intended to promote and encourage long-term planning
 6257  for conservation, development, and agriculture on a landscape
 6258  scale; to further the intent of s. 163.3177(11), which supports
 6259  innovative and flexible planning and development strategies, and
 6260  the purposes of this part, and part I of chapter 380; to
 6261  facilitate protection of regionally significant resources,
 6262  including, but not limited to, regionally significant water
 6263  courses and wildlife corridors;, and to avoid duplication of
 6264  effort in terms of the level of data and analysis required for a
 6265  development of regional impact, while ensuring the adequate
 6266  mitigation of impacts to applicable regional resources and
 6267  facilities, including those within the jurisdiction of other
 6268  local governments, as would otherwise be provided. Optional
 6269  Sector plans are intended for substantial geographic areas that
 6270  include including at least 15,000 5,000 acres of one or more
 6271  local governmental jurisdictions and are to emphasize urban form
 6272  and protection of regionally significant resources and public
 6273  facilities. A The state land planning agency may approve
 6274  optional sector plans of less than 5,000 acres based on local
 6275  circumstances if it is determined that the plan would further
 6276  the purposes of this part and part I of chapter 380. Preparation
 6277  of an optional sector plan is authorized by agreement between
 6278  the state land planning agency and the applicable local
 6279  governments under s. 163.3171(4). An optional sector plan may be
 6280  adopted through one or more comprehensive plan amendments under
 6281  s. 163.3184. However, an optional sector plan may not be adopted
 6282  authorized in an area of critical state concern.
 6283         (2) Upon the request of a local government having
 6284  jurisdiction, The state land planning agency may enter into an
 6285  agreement to authorize preparation of an optional sector plan
 6286  upon the request of one or more local governments based on
 6287  consideration of problems and opportunities presented by
 6288  existing development trends; the effectiveness of current
 6289  comprehensive plan provisions; the potential to further the
 6290  state comprehensive plan, applicable strategic regional policy
 6291  plans, this part, and part I of chapter 380; and those factors
 6292  identified by s. 163.3177(10)(i). the applicable regional
 6293  planning council shall conduct a scoping meeting with affected
 6294  local governments and those agencies identified in s.
 6295  163.3184(4) before preparation of the sector plan execution of
 6296  the agreement authorized by this section. The purpose of this
 6297  meeting is to assist the state land planning agency and the
 6298  local government in the identification of the relevant planning
 6299  issues to be addressed and the data and resources available to
 6300  assist in the preparation of the sector plan. In the event that
 6301  a scoping meeting is conducted, subsequent plan amendments. the
 6302  regional planning council shall make written recommendations to
 6303  the state land planning agency and affected local governments,
 6304  on the issues requested by the local government. The scoping
 6305  meeting shall be noticed and open to the public. In the event
 6306  that the entire planning area proposed for the sector plan is
 6307  within the jurisdiction of two or more local governments, some
 6308  or all of them may enter into a joint planning agreement
 6309  pursuant to s. 163.3171 with respect to including whether a
 6310  sustainable sector plan would be appropriate. The agreement must
 6311  define the geographic area to be subject to the sector plan, the
 6312  planning issues that will be emphasized, procedures requirements
 6313  for intergovernmental coordination to address
 6314  extrajurisdictional impacts, supporting application materials
 6315  including data and analysis, and procedures for public
 6316  participation, or other issues. An agreement may address
 6317  previously adopted sector plans that are consistent with the
 6318  standards in this section. Before executing an agreement under
 6319  this subsection, the local government shall hold a duly noticed
 6320  public workshop to review and explain to the public the optional
 6321  sector planning process and the terms and conditions of the
 6322  proposed agreement. The local government shall hold a duly
 6323  noticed public hearing to execute the agreement. All meetings
 6324  between the department and the local government must be open to
 6325  the public.
 6326         (3) Optional Sector planning encompasses two levels:
 6327  adoption pursuant to under s. 163.3184 of a conceptual long-term
 6328  master plan for the entire planning area as part of the
 6329  comprehensive plan, and adoption by local development order of
 6330  two or more buildout overlay to the comprehensive plan, having
 6331  no immediate effect on the issuance of development orders or the
 6332  applicability of s. 380.06, and adoption under s. 163.3184 of
 6333  detailed specific area plans that implement the conceptual long
 6334  term master plan buildout overlay and authorize issuance of
 6335  development orders, and within which s. 380.06 is waived. Until
 6336  such time as a detailed specific area plan is adopted, the
 6337  underlying future land use designations apply.
 6338         (a) In addition to the other requirements of this chapter,
 6339  a long-term master plan pursuant to this section conceptual
 6340  long-term buildout overlay must include maps, illustrations, and
 6341  text supported by data and analysis to address the following:
 6342         1. A long-range conceptual framework map that, at a
 6343  minimum, generally depicts identifies anticipated areas of
 6344  urban, agricultural, rural, and conservation land use,
 6345  identifies allowed uses in various parts of the planning area,
 6346  specifies maximum and minimum densities and intensities of use,
 6347  and provides the general framework for the development pattern
 6348  in developed areas with graphic illustrations based on a
 6349  hierarchy of places and functional place-making components.
 6350         2. A general identification of the water supplies needed
 6351  and available sources of water, including water resource
 6352  development and water supply development projects, and water
 6353  conservation measures needed to meet the projected demand of the
 6354  future land uses in the long-term master plan.
 6355         3. A general identification of the transportation
 6356  facilities to serve the future land uses in the long-term master
 6357  plan, including guidelines to be used to establish each modal
 6358  component intended to optimize mobility.
 6359         4. A general identification of other regionally significant
 6360  public facilities consistent with chapter 9J-2, Florida
 6361  Administrative Code, irrespective of local governmental
 6362  jurisdiction necessary to support buildout of the anticipated
 6363  future land uses, which may include central utilities provided
 6364  on site within the planning area, and policies setting forth the
 6365  procedures to be used to mitigate the impacts of future land
 6366  uses on public facilities.
 6367         5.3.A general identification of regionally significant
 6368  natural resources within the planning area based on the best
 6369  available data and policies setting forth the procedures for
 6370  protection or conservation of specific resources consistent with
 6371  the overall conservation and development strategy for the
 6372  planning area consistent with chapter 9J-2, Florida
 6373  Administrative Code.
 6374         6.4.General principles and guidelines addressing that
 6375  address the urban form and the interrelationships of anticipated
 6376  future land uses; the protection and, as appropriate,
 6377  restoration and management of lands identified for permanent
 6378  preservation through recordation of conservation easements
 6379  consistent with s. 704.06, which shall be phased or staged in
 6380  coordination with detailed specific area plans to reflect phased
 6381  or staged development within the planning area; and a
 6382  discussion, at the applicant’s option, of the extent, if any, to
 6383  which the plan will address restoring key ecosystems, achieving
 6384  a more clean, healthy environment;, limiting urban sprawl;
 6385  providing a range of housing types;, protecting wildlife and
 6386  natural areas;, advancing the efficient use of land and other
 6387  resources;, and creating quality communities of a design that
 6388  promotes travel by multiple transportation modes; and enhancing
 6389  the prospects for the creation of jobs.
 6390         7.5. Identification of general procedures and policies to
 6391  facilitate ensure intergovernmental coordination to address
 6392  extrajurisdictional impacts from the future land uses long-range
 6393  conceptual framework map.
 6394  
 6395  A long-term master plan adopted pursuant to this section shall
 6396  be based upon a planning period longer than the generally
 6397  applicable planning period of the local comprehensive plan,
 6398  shall specify the projected population within the planning area
 6399  during the chosen planning period, and may include a phasing or
 6400  staging schedule that allocates a portion of the local
 6401  government’s future growth to the planning area through the
 6402  planning period. It shall not be a requirement for a long-term
 6403  master plan adopted pursuant to this section to demonstrate need
 6404  based upon projected population growth or on any other basis.
 6405         (b) In addition to the other requirements of this chapter,
 6406  including those in paragraph (a), the detailed specific area
 6407  plans shall be consistent with the long-term master plan and
 6408  must include conditions and commitments which provide for:
 6409         1. Development or conservation of an area of adequate size
 6410  to accommodate a level of development which achieves a
 6411  functional relationship between a full range of land uses within
 6412  the area and to encompass at least 1,000 acres consistent with
 6413  the long-term master plan. The local government state land
 6414  planning agency may approve detailed specific area plans of less
 6415  than 1,000 acres based on local circumstances if it is
 6416  determined that the detailed specific area plan furthers the
 6417  purposes of this part and part I of chapter 380.
 6418         2. Detailed identification and analysis of the maximum and
 6419  minimum densities and intensities of use, and the distribution,
 6420  extent, and location of future land uses.
 6421         3. Detailed identification of water resource development
 6422  and water supply development projects and related
 6423  infrastructure, and water conservation measures to address water
 6424  needs of development in the detailed specific area plan.
 6425         4. Detailed identification of the transportation facilities
 6426  to serve the future land uses in the detailed specific area
 6427  plan.
 6428         5.3. Detailed identification of other regionally
 6429  significant public facilities, including public facilities
 6430  outside the jurisdiction of the host local government,
 6431  anticipated impacts of future land uses on those facilities, and
 6432  required improvements consistent with the long-term master plan
 6433  chapter 9J-2, Florida Administrative Code.
 6434         6.4. Public facilities necessary to serve development in
 6435  the detailed specific area plan for the short term, including
 6436  developer contributions in a financially feasible 5-year capital
 6437  improvement schedule of the affected local government.
 6438         7.5. Detailed analysis and identification of specific
 6439  measures to assure the protection or conservation of lands
 6440  identified in the long-term master plan to be permanently
 6441  preserved within the planning area through recordation of a
 6442  conservation easement consistent with s. 704.06 and, as
 6443  appropriate, restored or managed, of regionally significant
 6444  natural resources and other important resources both within and
 6445  outside the host jurisdiction, including those regionally
 6446  significant resources identified in chapter 9J-2, Florida
 6447  Administrative Code.
 6448         8.6.Detailed principles and guidelines addressing that
 6449  address the urban form and the interrelationships of anticipated
 6450  future land uses; and a discussion, at the applicant’s option,
 6451  of the extent, if any, to which the plan will address restoring
 6452  key ecosystems, achieving a more clean, healthy environment;,
 6453  limiting urban sprawl;, providing a range of housing types;
 6454  protecting wildlife and natural areas;, advancing the efficient
 6455  use of land and other resources;, and creating quality
 6456  communities of a design that promotes travel by multiple
 6457  transportation modes; and enhancing the prospects for the
 6458  creation of jobs.
 6459         9.7. Identification of specific procedures to facilitate
 6460  ensure intergovernmental coordination to address
 6461  extrajurisdictional impacts from of the detailed specific area
 6462  plan.
 6463  
 6464  A detailed specific area plan adopted by local development order
 6465  pursuant to this section may be based upon a planning period
 6466  longer than the generally applicable planning period of the
 6467  local comprehensive plan and shall specify the projected
 6468  population within the specific planning area during the chosen
 6469  planning period. It shall not be a requirement for a detailed
 6470  specific area plan adopted pursuant to this section to
 6471  demonstrate need based upon projected population growth or on
 6472  any other basis.
 6473         (c) In its review of a long-term master plan, the state
 6474  land planning agency shall consult with the Department of
 6475  Agriculture and Consumer Services, the Department of
 6476  Environmental Protection, the Fish and Wildlife Conservation
 6477  Commission, and the applicable water management district
 6478  regarding the design of areas for protection and conservation of
 6479  regionally significant natural resources and for the protection
 6480  and, as appropriate, restoration and management of lands
 6481  identified for permanent preservation.
 6482         (d)In its review of a long-term master plan, the state
 6483  land planning agency shall consult with the Department of
 6484  Transportation, the applicable metropolitan planning
 6485  organization, and any urban transit agency regarding the
 6486  location, capacity, design, and phasing or staging of major
 6487  transportation facilities in the planning area.
 6488         (e) The state land planning agency may initiate a civil
 6489  action pursuant to s. 163.3215 with respect to a detailed
 6490  specific area plan that is not consistent with a long-term
 6491  master plan adopted pursuant to this section. For purposes of
 6492  such a proceeding, the state land planning agency shall be
 6493  deemed an aggrieved and adversely affected party. Regardless of
 6494  whether the local government has adopted an ordinance that
 6495  establishes a local process that meets the requirements of s.
 6496  163.3215(4), judicial review of a detailed specific area plan
 6497  initiated by the state land planning agency shall be de novo
 6498  pursuant to s. 163.3215(3) and not by petition for writ of
 6499  certiorari pursuant to s. 163.3215(4). Any other aggrieved or
 6500  adversely affected party shall be subject to s. 163.3215 in all
 6501  respects when initiating a consistency challenge to a detailed
 6502  specific area plan.
 6503         (f)(c) This subsection does may not be construed to prevent
 6504  preparation and approval of the optional sector plan and
 6505  detailed specific area plan concurrently or in the same
 6506  submission.
 6507         (4) Upon the long-term master plan becoming legally
 6508  effective:
 6509         (a) Any long-range transportation plan developed by a
 6510  metropolitan planning organization pursuant to s. 339.175(7)
 6511  must be consistent, to the maximum extent feasible, with the
 6512  long-term master plan, including, but not limited to, the
 6513  projected population, the approved uses and densities and
 6514  intensities of use and their distribution within the planning
 6515  area. The transportation facilities identified in adopted plans
 6516  pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be
 6517  developed in coordination with the adopted M.P.O. long-range
 6518  transportation plan.
 6519         (b) The water needs, sources and water resource
 6520  development, and water supply development projects identified in
 6521  adopted plans pursuant to sub-subparagraphs (3)(a)2. and
 6522  (3)(b)3. shall be incorporated into the applicable district and
 6523  regional water supply plans adopted in accordance with ss.
 6524  373.036 and 373.709. Accordingly, and notwithstanding the permit
 6525  durations stated in s. 373.236, an applicant may request and the
 6526  applicable district may issue consumptive use permits for
 6527  durations commensurate with the long-term master plan or
 6528  detailed specific area plan, considering the ability of the
 6529  master-plan area to contribute to regional water supply
 6530  availability and the need to maximize reasonable-beneficial use
 6531  of the water resource. The permitting criteria in s. 373.223
 6532  shall be applied based upon the projected population, the
 6533  approved densities and intensities of use and their distribution
 6534  in the long-term master plan, however, the allocation of the
 6535  water may be phased over the permit duration to correspond to
 6536  actual projected needs. Nothing in this paragraph is intended to
 6537  supersede the public interest test set forth in s. 373.223. The
 6538  host local government shall submit a monitoring report to the
 6539  state land planning agency and applicable regional planning
 6540  council on an annual basis after adoption of a detailed specific
 6541  area plan. The annual monitoring report must provide summarized
 6542  information on development orders issued, development that has
 6543  occurred, public facility improvements made, and public facility
 6544  improvements anticipated over the upcoming 5 years.
 6545         (5) When a plan amendment adopting a detailed specific area
 6546  plan has become effective for a portion of the planning area
 6547  governed by a long-term master plan adopted pursuant to this
 6548  section under ss. 163.3184 and 163.3189(2), the provisions of s.
 6549  380.06 do not apply to development within the geographic area of
 6550  the detailed specific area plan. However, any development-of
 6551  regional-impact development order that is vested from the
 6552  detailed specific area plan may be enforced pursuant to under s.
 6553  380.11.
 6554         (a) The local government adopting the detailed specific
 6555  area plan is primarily responsible for monitoring and enforcing
 6556  the detailed specific area plan. Local governments shall not
 6557  issue any permits or approvals or provide any extensions of
 6558  services to development that are not consistent with the
 6559  detailed specific sector area plan.
 6560         (b) If the state land planning agency has reason to believe
 6561  that a violation of any detailed specific area plan, or of any
 6562  agreement entered into under this section, has occurred or is
 6563  about to occur, it may institute an administrative or judicial
 6564  proceeding to prevent, abate, or control the conditions or
 6565  activity creating the violation, using the procedures in s.
 6566  380.11.
 6567         (c) In instituting an administrative or judicial proceeding
 6568  involving an optional sector plan or detailed specific area
 6569  plan, including a proceeding pursuant to paragraph (b), the
 6570  complaining party shall comply with the requirements of s.
 6571  163.3215(4), (5), (6), and (7), except as provided by paragraph
 6572  (3)(d).
 6573         (d) The detailed specific area plan shall establish a
 6574  buildout date until which the approved development shall not be
 6575  subject to downzoning, unit density reduction, or intensity
 6576  reduction, unless the local government can demonstrate that
 6577  implementation of the plan is not continuing in good faith based
 6578  on standards established by plan policy, or that substantial
 6579  changes in the conditions underlying the approval of the
 6580  detailed specific area plan have occurred, or that the detailed
 6581  specific area plan was based on substantially inaccurate
 6582  information provided by the applicant, or that the change is
 6583  clearly established to be essential to the public health,
 6584  safety, or welfare.
 6585         (6) Concurrent with or subsequent to review and adoption of
 6586  a long-term master plan pursuant to paragraph (3)(a), an
 6587  applicant may apply for master development approval pursuant to
 6588  s. 380.06(21) for the entire planning area in order to establish
 6589  a buildout date until which the approved uses and densities and
 6590  intensities of use of the master plan shall not be subject to
 6591  downzoning, unit density reduction, or intensity reduction,
 6592  unless the local government can demonstrate that implementation
 6593  of the master plan is not continuing in good faith based on
 6594  standards established by plan policy, or that substantial
 6595  changes in the conditions underlying the approval of the master
 6596  plan have occurred, or that the master plan was based on
 6597  substantially inaccurate information provided by the applicant,
 6598  or that change is clearly established to be essential to the
 6599  public health, safety, or welfare. Review of the application for
 6600  master development approval shall be at a level of detail
 6601  appropriate for the long-term and conceptual nature of the long
 6602  term master plan and, to the maximum extent possible, shall only
 6603  consider information provided in the application for a long-term
 6604  master plan. Notwithstanding any provision of s. 380.06 to the
 6605  contrary, an increment of development in such an approved master
 6606  development plan shall be approved by a detailed specific area
 6607  plan pursuant to paragraph (3)(b) and shall be exempt from
 6608  review pursuant to s. 380.06. Beginning December 1, 1999, and
 6609  each year thereafter, the department shall provide a status
 6610  report to the Legislative Committee on Intergovernmental
 6611  Relations regarding each optional sector plan authorized under
 6612  this section.
 6613         (7) A developer within an area subject to a long-term
 6614  master plan which meets the requirements of paragraph (3)(a) and
 6615  subsection (6) or a detailed specific area plan which meets the
 6616  requirements of paragraph (3)(b) may enter into a development
 6617  agreement with a local government pursuant to ss. 163.3220
 6618  163.3243. The duration of such a development agreement may be
 6619  through the planning period of the long-term master plan or the
 6620  detailed specific area plan, as the case may be, notwithstanding
 6621  the limit on the duration of a development agreement pursuant to
 6622  s. 163.3229.
 6623         (8) Any owner of property within the planning area of a
 6624  proposed long-term master plan may withdraw his consent to the
 6625  master plan at any time prior to local government adoption, and
 6626  the local government shall exclude such parcels from the adopted
 6627  master plan. Thereafter, the long-term master plan, any detailed
 6628  specific area plan, and the exemption from development-of
 6629  regional-impact review under this section shall not apply to the
 6630  subject parcels. After adoption of a long-term master plan, an
 6631  owner may withdraw his or her property from the master plan only
 6632  with the approval of the local government by plan amendment
 6633  adopted and reviewed pursuant to s. 163.3184.
 6634         (9) The adoption of a long-term master plan or a detailed
 6635  specific area plan pursuant to this section shall not limit the
 6636  right to continue existing agricultural or silvicultural uses or
 6637  other natural resource-based operations or to establish similar
 6638  new uses that are consistent with the plans approved pursuant to
 6639  this section.
 6640         (10) The state land planning agency may enter into an
 6641  agreement with a local government which, on or before July 1,
 6642  2011, adopted a large-area comprehensive plan amendment
 6643  consisting of at least 15,000 acres that meets the requirements
 6644  for a long-term master plan in paragraph (3)(a), after notice
 6645  and public hearing by the local government, and thereafter,
 6646  notwithstanding any provision of s. 380.06 or this part or any
 6647  planning agreement or plan policy, that large-area plan shall be
 6648  implemented through detailed specific area plans that meet the
 6649  requirements of paragraph (3)(b) and shall otherwise be subject
 6650  to the provisions of this section.
 6651         (11) Notwithstanding any provision to the contrary of s.
 6652  380.06 or this part II or any planning agreement or plan policy,
 6653  a landowner or developer who has received approval of a master
 6654  development of regional impact development order pursuant to s.
 6655  380.06(21) may apply to implement this order by filing one or
 6656  more applications to approve detailed specific area plan
 6657  pursuant to paragraph (3)(b).
 6658         (12) Notwithstanding the provisions of this section, a
 6659  detailed specific area plan to implement a conceptual long-term
 6660  buildout overlay adopted by a local government and found in
 6661  compliance prior to July 1, 2011, shall be governed by the
 6662  provisions of this section.
 6663         (13)(7) This section may not be construed to abrogate the
 6664  rights of any person under this chapter.
 6665         Section 30.  Section 163.3247, Florida Statutes, as amended
 6666  by section 42 of chapter 2010-153, Laws of Florida, is amended,
 6667  and subsection (6) is added to that section, to read:
 6668         163.3247 Century Commission for a Sustainable Florida.—
 6669         (1) POPULAR NAME.—This section may be cited as the “Century
 6670  Commission for a Sustainable Florida Act.”
 6671         (2) FINDINGS AND INTENT.—The Legislature finds and declares
 6672  that the population of this state is expected to more than
 6673  double over the next 100 years, with commensurate impacts to the
 6674  state’s natural resources and public infrastructure.
 6675  Consequently, it is in the best interests of the people of the
 6676  state to ensure sound planning for the proper placement of this
 6677  growth and protection of the state’s land, water, and other
 6678  natural resources since such resources are essential to our
 6679  collective quality of life and a strong economy. The state’s
 6680  growth management system should foster economic stability
 6681  through regional solutions and strategies, urban renewal and
 6682  infill, and the continued viability of agricultural economies,
 6683  while allowing for rural economic development and protecting the
 6684  unique characteristics of rural areas, and should reduce the
 6685  complexity of the regulatory process while carrying out the
 6686  intent of the laws and encouraging greater citizen
 6687  participation. The Legislature further finds that it is
 6688  imperative that the state have a specific strategic plan
 6689  addressing its growth management system.
 6690         (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
 6691  ORGANIZATION.—The Century Commission for a Sustainable Florida
 6692  is created as a standing body to help the citizens of this state
 6693  envision and plan their collective future with an eye towards
 6694  10-year, both 25-year, and 50-year horizons.
 6695         (a) The commission shall consist of 18 15 members appointed
 6696  as follows:,
 6697         1. Two members 5 appointed by the Governor;,
 6698         2. Five members 5 appointed by the President of the
 6699  Senate;, and
 6700         3. Five members 5 appointed by the Speaker of the House of
 6701  Representatives;
 6702         4. The chairs of the legislative growth management
 6703  committees;
 6704         5. The Secretary of Community Affairs;
 6705         6. The Secretary of Environmental Protection;
 6706         7. The Secretary of Transportation; and
 6707         8. The director of the Office of Tourism, Trade, and
 6708  Economic Development.
 6709         (b)Members of the commission Appointments shall be made no
 6710  later than October 1, 2005. The membership must represent local
 6711  governments, school boards, developers and homebuilders, the
 6712  business community, the agriculture community, the environmental
 6713  community, and other appropriate stakeholders. Beginning July 1,
 6714  2011, through June 30, 2013, one member shall be elected to
 6715  serve as chair by a vote of the commission membership. However,
 6716  the chairs of the legislative growth management committees, the
 6717  Secretary of Community Affairs, the Secretary of Environmental
 6718  Protection, the Secretary of Transportation, and the director of
 6719  the Office of Tourism, Trade, and Economic Development may not
 6720  serve as chair during this period designated by the Governor as
 6721  chair of the commission. Any vacancy that occurs on the
 6722  commission must be filled in the same manner as the original
 6723  appointment and shall be for the unexpired term of that
 6724  commission seat. Members shall serve 4-year terms, except that,
 6725  initially, to provide for staggered terms, the Governor, the
 6726  President of the Senate, and the Speaker of the House of
 6727  Representatives shall each appoint one member to serve a 2-year
 6728  term, two members to serve 3-year terms, and two members to
 6729  serve 4-year terms. Members shall be appointed to serve All
 6730  subsequent appointments shall be for 4-year terms. An appointee
 6731  may not serve more than 6 years. However, members who are
 6732  appointed on or before January 1, 2011, shall have their terms
 6733  automatically extended to June 30, 2013, to ensure continuity
 6734  during the development of the strategic plan.
 6735         (c)(b)The fiscal year of the commission begins July 1 each
 6736  year and ends June 30 of the following year. The first meeting
 6737  of The commission shall be held no later than December 1, 2005,
 6738  and shall meet at the call of the chair but not less frequently
 6739  than six three times per fiscal year in different regions of the
 6740  state to solicit input from the public or any other individuals
 6741  offering testimony relevant to the issues to be considered. The
 6742  executive director shall establish a meeting calendar for the
 6743  fiscal year which considers the availability of members. The
 6744  commission must vote to approve the meeting calendar before the
 6745  beginning of the fiscal year. The commission may vote to form
 6746  subcommittees and schedule meetings as necessary.
 6747         (d)(c) Each member of the commission is entitled to one
 6748  vote, and the actions of the commission are not binding unless
 6749  taken by a majority three-fifths vote of the members present. A
 6750  majority of the members is required to constitute a quorum, and
 6751  the affirmative vote of a quorum is required for a binding vote.
 6752         (e)(d) Members of the commission shall serve without
 6753  compensation, but are shall be entitled to receive reimbursement
 6754  for per diem and travel expenses as provided in accordance with
 6755  s. 112.061 while in the performance of their duties.
 6756         (4) POWERS AND DUTIES.—
 6757         (a) The commission shall:
 6758         (a) Annually conduct a process through which the commission
 6759  envisions the future for the state and then develops and
 6760  recommends policies, plans, action steps, or strategies to
 6761  assist in achieving the vision.
 6762         (b) Continuously review and consider statutory and
 6763  regulatory provisions, governmental processes, and societal and
 6764  economic trends in its inquiry of how state, regional, and local
 6765  governments and entities and citizens of this state can best
 6766  accommodate projected increased populations while maintaining
 6767  the natural, historical, cultural, and manmade life qualities
 6768  that best represent the state.
 6769         (c) bring together people representing varied interests to
 6770  develop a shared image of the state and its developed and
 6771  natural areas. The process should involve exploring the impact
 6772  of the estimated population increase and other emerging trends
 6773  and issues; creating a vision for the future; and developing a
 6774  strategic action plan to achieve that vision using 10-year, 25
 6775  year, and 50-year intermediate planning timeframes. The plan
 6776  must:
 6777         1.(d) Focus on essential state interests, defined as those
 6778  interests that transcend local or regional boundaries and are
 6779  most appropriately conserved, protected, and promoted at the
 6780  state level;.
 6781         2. Accommodate the projections for an increase in
 6782  population while maintaining the state’s natural, historical,
 6783  cultural, and manmade life qualities; and
 6784         3. Be developed through a coordinated, integrated, and
 6785  comprehensive effort across agencies, local governments, and
 6786  nongovernmental stakeholders.
 6787         (b) The commission shall submit the strategic plan to the
 6788  Governor and the Legislature by November 15, 2012, along with
 6789  progress reports by November 15, 2011, and March 15, 2012. The
 6790  commission shall also make presentations, at least annually, to
 6791  the Governor and the Legislature.
 6792         (e) Serve as an objective, nonpartisan repository of
 6793  exemplary community-building ideas and as a source to recommend
 6794  strategies and practices to assist others in working
 6795  collaboratively to problem solve on issues relating to growth
 6796  management.
 6797         (f) Annually, beginning January 16, 2007, and every year
 6798  thereafter on the same date, provide to the Governor, the
 6799  President of the Senate, and the Speaker of the House of
 6800  Representatives a written report containing specific
 6801  recommendations for addressing growth management in the state,
 6802  including executive and legislative recommendations. Further,
 6803  the report shall contain discussions regarding the need for
 6804  intergovernmental cooperation and the balancing of environmental
 6805  protection and future development and recommendations on issues,
 6806  including, but not limited to, recommendations regarding
 6807  dedicated sources of funding for sewer facilities, water supply
 6808  and quality, transportation facilities that are not adequately
 6809  addressed by the Strategic Intermodal System, and educational
 6810  infrastructure to support existing development and projected
 6811  population growth.
 6812         (c)(g) Beginning with the 2007 Regular Session of the
 6813  Legislature, the President of the Senate and the Speaker of the
 6814  House of Representatives shall create a joint select committee,
 6815  the task of which shall be to review the findings and
 6816  recommendations of the Century Commission for a Sustainable
 6817  Florida for potential action.
 6818         (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.—
 6819         (a) The Secretary of Community Affairs shall select An
 6820  executive director shall be appointed by the Secretary of
 6821  Community Affairs and ratified by the commission and of the
 6822  commission, and the executive director shall serve at the
 6823  pleasure of the secretary under the supervision and control of
 6824  the commission under the direction of the chair.
 6825         (b) The Department of Community Affairs shall provide a
 6826  specific line item in its annual legislative budget request to
 6827  fund the commission for the period beginning July 1, 2011,
 6828  through June 30, 2013. The department may obtain additional
 6829  funding through external grants. The department shall provide
 6830  sufficient funds and staff support for the purpose of assisting
 6831  the commission in completing the strategic plan staff and other
 6832  resources necessary to accomplish the goals of the commission
 6833  based upon recommendations of the Governor.
 6834         (c) All agencies under the control of the Governor are
 6835  directed, and all other agencies are requested, to render
 6836  assistance to, and cooperate with, the commission.
 6837         (6) EXPIRATION.—This section expires and the commission is
 6838  abolished June 30, 2013.
 6839         Section 31. Section 163.3248, Florida Statutes, is created
 6840  to read:
 6841         163.3248 Rural land stewardship areas.—
 6842         (1) Rural land stewardship areas are designed to establish
 6843  a long-term incentive based strategy to balance and guide the
 6844  allocation of land so as to accommodate future land uses in a
 6845  manner that protects the natural environment, stimulates
 6846  economic growth and diversification, and encourages the
 6847  retention of land for agriculture and other traditional rural
 6848  land uses.
 6849         (2) Upon written request by one or more landowners to
 6850  designate lands as a rural land stewardship area, or pursuant to
 6851  a private sector initiated comprehensive plan amendment, local
 6852  governments may adopt by a majority vote a future land use
 6853  overlay, which shall not require a demonstration of need based
 6854  on population projections or any other factor, to designate all
 6855  or portions of lands classified in the future land use element
 6856  as predominantly agricultural, rural, open, open-rural, or a
 6857  substantively equivalent land use, as a rural land stewardship
 6858  area within which planning and economic incentives are applied
 6859  to encourage the implementation of innovative and flexible
 6860  planning and development strategies and creative land use
 6861  planning techniques to support a diverse economic and employment
 6862  base.
 6863         (3) Rural land stewardship areas may be used to further the
 6864  following broad principles of rural sustainability: restoration
 6865  and maintenance of the economic value of rural land; control of
 6866  urban sprawl; identification and protection of ecosystems,
 6867  habitats, and natural resources; promotion and diversification
 6868  of economic activity and employment opportunities within the
 6869  rural areas; maintenance of the viability of the state’s
 6870  agricultural economy; and protection of private property rights
 6871  in rural areas of the state. Rural land stewardship areas may be
 6872  multicounty in order to encourage coordinated regional
 6873  stewardship planning.
 6874         (4) A local government or one or more property owners may
 6875  request assistance in participation of the development of a plan
 6876  for the rural land stewardship area from the state land planning
 6877  agency, the Department of Agriculture and Consumer Services, the
 6878  Fish and Wildlife Conservation Commission, the Department of
 6879  Environmental Protection, the appropriate water management
 6880  district, the Department of Transportation, the regional
 6881  planning council, private land owners, and stakeholders.
 6882         (5) A rural land stewardship area shall be not less than
 6883  10,000 acres and shall be located outside of municipalities and
 6884  established urban service areas, and shall be designated by plan
 6885  amendment by each local government with jurisdiction over the
 6886  rural land stewardship area. The plan amendment or amendments
 6887  designating a rural land stewardship area shall be subject to
 6888  review pursuant to s. 163.3184 and shall provide for the
 6889  following:
 6890         (a) Criteria for the designation of receiving areas which
 6891  shall at a minimum provide for the following: adequacy of
 6892  suitable land to accommodate development so as to avoid conflict
 6893  with significant environmentally sensitive areas, resources, and
 6894  habitats; compatibility between and transition from higher
 6895  density uses to lower intensity rural uses; and the
 6896  establishment of receiving area service boundaries which provide
 6897  for a transition from receiving areas and other land uses within
 6898  the rural land stewardship area through limitations on the
 6899  extension of services.
 6900         (b) Innovative planning and development strategies to be
 6901  applied within rural land stewardship areas pursuant to the
 6902  provisions of this section.
 6903         (c) A process for the implementation of innovative planning
 6904  and development strategies within the rural land stewardship
 6905  area, including those described in this subsection, which
 6906  provide for a functional mix of land uses through the adoption
 6907  by the local government of zoning and land development
 6908  regulations applicable to the rural land stewardship area.
 6909         (d) A mix of densities and intensities that would not be
 6910  characterized as urban sprawl through the use of innovative
 6911  strategies and creative land use techniques.
 6912         (6) A receiving area may only be designated pursuant to
 6913  procedures established in the local government’s land
 6914  development regulations. At the time of designation of a
 6915  stewardship receiving area, a listed species survey will be
 6916  performed. If listed species occur on the receiving area site,
 6917  the applicant shall coordinate with each appropriate local,
 6918  state, or federal agency to determine if adequate provisions
 6919  have been made to protect those species in accordance with
 6920  applicable regulations. In determining the adequacy of
 6921  provisions for the protection of listed species and their
 6922  habitats, the rural land stewardship area shall be considered as
 6923  a whole, and the potential impacts and protective measures taken
 6924  within areas to be developed as receiving areas shall be
 6925  considered in conjunction with the substantial benefits derived
 6926  from lands set aside and protective measures taken outside of
 6927  the designation of receiving areas.
 6928         (7) Upon the adoption of a plan amendment creating a rural
 6929  land stewardship area, the local government shall, by ordinance,
 6930  establish a rural land stewardship overlay zoning district,
 6931  which shall provide the methodology for the creation,
 6932  conveyance, and use of transferable rural land use credits,
 6933  hereinafter referred to as stewardship credits, the assignment
 6934  and application of which shall not constitute a right to develop
 6935  land, nor increase density of land, except as provided by this
 6936  section. The total amount of stewardship credits within the
 6937  rural land stewardship area must enable the realization of the
 6938  long-term vision and goals for the rural land stewardship area,
 6939  which may take into consideration the anticipated effect of the
 6940  proposed receiving areas. The estimated amount of receiving area
 6941  shall be projected based on available data and the development
 6942  potential represented by the stewardship credits created within
 6943  the rural land stewardship area must correlate to that amount.
 6944         (8) Stewardship credits are subject to the following
 6945  limitations:
 6946         (a) Stewardship credits may exist only within a rural land
 6947  stewardship area.
 6948         (b) Stewardship credits may be created only from lands
 6949  designated as stewardship sending areas and may be used only on
 6950  lands designated as stewardship receiving areas and then solely
 6951  for the purpose of implementing innovative planning and
 6952  development strategies and creative land use planning techniques
 6953  adopted by the local government pursuant to this section.
 6954         (c) Stewardship credits can be transferred from sending
 6955  areas only after a stewardship easement is placed on the sending
 6956  area land assigned stewardship credits. A stewardship easement
 6957  means a covenant or restrictive easement running with the land
 6958  which specifies the allowable uses and development restrictions
 6959  for the portion of a sending area from which stewardship credits
 6960  have been transferred. The stewardship easement must be jointly
 6961  held by the county and either the Department of Environmental
 6962  Protection, Department of Agriculture and Consumer Services, a
 6963  water management district, or a recognized statewide land trust.
 6964         (d) Stewardship credits assigned to a parcel of land within
 6965  a rural land stewardship area shall cease to exist if the parcel
 6966  of land is removed from the rural land stewardship area by plan
 6967  amendment.
 6968         (e) Neither the creation of the rural land stewardship area
 6969  by plan amendment nor the adoption of the rural land stewardship
 6970  zoning overlay district by the local government shall displace
 6971  the underlying permitted uses, density or intensity of land uses
 6972  assigned to a parcel of land within the rural land stewardship
 6973  area that existed before adoption of the plan amendment or
 6974  zoning overlay district; however, once stewardship credits have
 6975  been transferred from a designated sending area for use within a
 6976  designated receiving area, the underlying density assigned to
 6977  the designated sending area shall cease to exist.
 6978         (f) The underlying permitted uses, density, or intensity on
 6979  each parcel of land located within a rural land stewardship area
 6980  shall not be increased or decreased by the local government,
 6981  except as a result of the conveyance or stewardship credits, as
 6982  long as the parcel remains within the rural land stewardship
 6983  area.
 6984         (g) Stewardship credits shall cease to exist on a parcel of
 6985  land where the underlying density assigned to the parcel of land
 6986  is used.
 6987         (h) An increase in the density or intensity of use on a
 6988  parcel of land located within a designated receiving area may
 6989  occur only through the assignment or use of stewardship credits
 6990  and shall not require a plan amendment. A change in the type of
 6991  agricultural use on property within a rural land stewardship
 6992  area shall not be considered a change in use or intensity of use
 6993  and shall not require any transfer of stewardship credits.
 6994         (i) A change in the density or intensity of land use on
 6995  parcels located within receiving areas shall be specified in a
 6996  development order that reflects the total number of stewardship
 6997  credits assigned to the parcel of land and the infrastructure
 6998  and support services necessary to provide for a functional mix
 6999  of land uses corresponding to the plan of development.
 7000         (j) Land within a rural land stewardship area may be
 7001  removed from the rural land stewardship area through a plan
 7002  amendment.
 7003         (k) Stewardship credits may be assigned at different ratios
 7004  of credits per acre according to the natural resource or other
 7005  beneficial use characteristics of the land and according to the
 7006  land use remaining following the transfer of credits, with the
 7007  highest number of credits per acre assigned to the most
 7008  environmentally valuable land or, in locations where the
 7009  retention of open space and agricultural land is a priority, to
 7010  such lands.
 7011         (l) The use or conveyance of stewardship credits must be
 7012  recorded in the public records of the county in which the
 7013  property is located as a covenant or restrictive easement
 7014  running with the land in favor of the county and the Department
 7015  of Environmental Protection, the Department of Agriculture and
 7016  Consumer Services, a water management district, or a recognized
 7017  statewide land trust.
 7018         (9) Owners of land within rural land stewardship sending
 7019  areas should be provided other incentives, in addition to the
 7020  use or conveyance of stewardship credits, to enter into rural
 7021  land stewardship agreements, pursuant to existing law and rules
 7022  adopted thereto, with state agencies, water management
 7023  districts, the Fish and Wildlife Conservation Commission, and
 7024  local governments to achieve mutually agreed upon objectives.
 7025  Such incentives may include, but need not be limited to, the
 7026  following:
 7027         (a) Opportunity to accumulate transferable wetland and
 7028  species habitat mitigation credits for use or sale.
 7029         (b) Extended permit agreements.
 7030         (c) Opportunities for recreational leases and ecotourism.
 7031         (d) Compensation for the achievement of specified land
 7032  management activities of public benefit, including, but not
 7033  limited to, facility siting and corridors, recreational leases,
 7034  water conservation and storage, water reuse, wastewater
 7035  recycling, water supply and water resource development, nutrient
 7036  reduction, environmental restoration and mitigation, public
 7037  recreation, listed species protection and recovery, and wildlife
 7038  corridor management and enhancement.
 7039         (e) Option agreements for sale to public entities or
 7040  private land conservation entities, in either fee or easement,
 7041  upon achievement of specified conservation objectives.
 7042         (10) The provisions of paragraph (9)(d) constitute an
 7043  overlay of land use options that provide economic and regulatory
 7044  incentives for landowners outside of established and planned
 7045  urban service areas to conserve and manage vast areas of land
 7046  for the benefit of the state’s citizens and natural environment
 7047  while maintaining and enhancing the asset value of their
 7048  landholdings. It is the intent of the Legislature that the
 7049  provisions of this section be implemented pursuant to law and
 7050  rulemaking is not authorized.
 7051         (11) It is the intent of the legislature that the Rural
 7052  Land Stewardship Area located in Collier County, which is
 7053  consistent in all materials aspects with this section, be
 7054  recognized as a Statutory Rural Land Stewardship Area, and be
 7055  afforded the incentives as set forth in this section.
 7056         Section 32. Section 163.32465, Florida Statutes, is amended
 7057  to read:
 7058         163.32465 State review of local comprehensive plans in
 7059  urban areas.—
 7060         (1) LEGISLATIVE FINDINGS.—
 7061         (a) The Legislature finds that local governments in this
 7062  state have a wide diversity of resources, conditions, abilities,
 7063  and needs. The Legislature also finds that comprehensive
 7064  planning has been implemented throughout the state and that it
 7065  is appropriate for local governments to have the primary role in
 7066  planning for their growth the needs and resources of urban areas
 7067  are different from those of rural areas and that different
 7068  planning and growth management approaches, strategies, and
 7069  techniques are required in urban areas. The state role in
 7070  overseeing growth management should reflect this diversity and
 7071  should vary based on local government conditions, capabilities,
 7072  needs, and extent of development. Thus, the Legislature
 7073  recognizes and finds that reduced state oversight of local
 7074  comprehensive planning is justified for some local governments
 7075  in urban areas.
 7076         (b) The Legislature finds and declares that this state’s
 7077  local governments urban areas require a reduced level of state
 7078  oversight because of their high degree of urbanization and the
 7079  planning capabilities and resources of many of their local
 7080  governments. Accordingly, the An alternative state review
 7081  process that is adequate to protect issues of regional or
 7082  statewide importance should be created for appropriate local
 7083  governments in these areas. Further, the Legislature finds that
 7084  development, including urban infill and redevelopment, should be
 7085  encouraged in these urban areas. The Legislature finds that an
 7086  alternative process provided by this section for amending local
 7087  comprehensive plans is in these areas should be established with
 7088  the an objective of streamlining the process and recognizing
 7089  local responsibility and accountability.
 7090         (c)The Legislature finds a pilot program will be
 7091  beneficial in evaluating an alternative, expedited plan
 7092  amendment adoption and review process. Pilot local governments
 7093  shall represent highly developed counties and the municipalities
 7094  within these counties and highly populated municipalities.
 7095         (2) APPLICABILITY ALTERNATIVE STATE REVIEW PROCESS PILOT
 7096  PROGRAM.—The process for amending a comprehensive plan described
 7097  in this section is applicable statewide. Pinellas and Broward
 7098  Counties, and the municipalities within these counties, and
 7099  Jacksonville, Miami, Tampa, and Hialeah shall follow an
 7100  alternative state review process provided in this section.
 7101  Municipalities within the pilot counties may elect, by super
 7102  majority vote of the governing body, not to participate in the
 7103  pilot program. In addition to the pilot program jurisdictions,
 7104  any local government may use the alternative state review
 7105  process to designate an urban service area as defined in s.
 7106  163.3164(29) in its comprehensive plan.
 7107         (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
 7108  UNDER THE PILOT PROGRAM.—
 7109         (a)Effective July 1, 2011, all plan amendments adopted by
 7110  local governments are subject to the pilot program jurisdictions
 7111  shall follow the alternate, expedited process in subsections (4)
 7112  and (5), except as follows: set forth in paragraphs (b)-(e) of
 7113  this subsection.
 7114         (a)(b) Amendments that qualify as small-scale development
 7115  amendments may continue to be adopted by the pilot program
 7116  jurisdictions pursuant to s. 163.3187(1)(c) and (3).
 7117         (b)(c) Plan amendments that propose a rural land
 7118  stewardship area pursuant to s. 163.3177(11)(d); propose an
 7119  optional sector plan; update a comprehensive plan based on an
 7120  evaluation and appraisal report; implement new statutory
 7121  requirements; or new plans for newly incorporated
 7122  municipalities; or are in an area of critical state concern
 7123  designated pursuant to s. 380.05 are subject to state review as
 7124  set forth in s. 163.3184.
 7125         (c) Any small county as that term is defined in s.
 7126  120.52(19) which transmits a resolution to the state land
 7127  planning agency specifying that it wants to follow the process
 7128  set forth in s. 163.3184 for all comprehensive plan amendments.
 7129  Such counties, at their option, may pass a subsequent resolution
 7130  specifying that they plan to follow the process specified in
 7131  this section. Such subsequent resolution may not be passed in
 7132  the same calendar year as the one specifying that the county
 7133  will follow the process set forth in s. 163.3184.
 7134         (d) A municipality of special financial concern, as defined
 7135  in s. 200.185(1)(b), with a per capita taxable value of assessed
 7136  property of $58,000 or less which transmits a resolution to the
 7137  state land planning agency specifying that it wants to follow
 7138  the process set forth in s. 163.3184 for all comprehensive plan
 7139  amendments. Such municipalities, at their option, may pass a
 7140  subsequent resolution specifying that they plan to follow the
 7141  process specified in this section. Such subsequent resolution
 7142  may not be passed in the same calendar year as the one
 7143  specifying that the county will follow the process set forth in
 7144  s. 163.3184.
 7145         (e) A municipality that has a population under 20,000 with
 7146  a per capita taxable value of assessed property of $46,000 or
 7147  less and that transmits a resolution to the state land planning
 7148  agency specifying that it wants to follow the process set forth
 7149  in s. 163.3184 for all comprehensive plan amendments. Such
 7150  municipalities, at their option, may pass a subsequent
 7151  resolution specifying that they plan to follow the process
 7152  specified in this section. Such subsequent resolution may not be
 7153  passed in the same calendar year as the one specifying that the
 7154  county will follow the process set forth in s. 163.3184.
 7155         (f)(d)Local governments are Pilot program jurisdictions
 7156  shall be subject to the frequency and timing requirements for
 7157  plan amendments set forth in ss. 163.3187 and 163.3191, except
 7158  where otherwise stated in this section.
 7159         (g)(e) The mediation and expedited hearing provisions in s.
 7160  163.3189(3) apply to all plan amendments adopted pursuant to
 7161  this section by the pilot program jurisdictions.
 7162         (h) Local governments shall not combine plan amendments
 7163  adopted pursuant to this section with plan amendments adopted
 7164  pursuant to s. 163.3184 in the same amendment package. Each
 7165  transmittal and adoption amendment package shall contain a cover
 7166  letter stating whether the amendment or amendments contained
 7167  within the package are adopted pursuant to this section or s.
 7168  163.3184.
 7169         (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
 7170  PILOT PROGRAM.—
 7171         (a) The local government shall hold its first public
 7172  hearing on a comprehensive plan amendment on a weekday at least
 7173  7 days after the day the first advertisement is published
 7174  pursuant to the requirements of chapter 125 or chapter 166. Upon
 7175  an affirmative vote of not less than a majority of the members
 7176  of the governing body present at the hearing, the local
 7177  government shall immediately transmit the amendment or
 7178  amendments and appropriate supporting data and analyses to the
 7179  state land planning agency; the appropriate regional planning
 7180  council and water management district; the Department of
 7181  Environmental Protection; the Department of State; the
 7182  Department of Transportation; in the case of municipal plans, to
 7183  the appropriate county; the Fish and Wildlife Conservation
 7184  Commission; the Department of Agriculture and Consumer Services;
 7185  when required by s. 163.3175, the applicable military
 7186  installation or installations; and in the case of amendments
 7187  that include or impact the public school facilities element, the
 7188  Department of Education Office of Educational Facilities of the
 7189  Commissioner of Education. The local governing body shall also
 7190  transmit a copy of the amendments and supporting data and
 7191  analyses to any other local government or governmental agency
 7192  that has filed a written request with the governing body.
 7193         (b) The agencies and local governments specified in
 7194  paragraph (a) may provide comments regarding the amendment or
 7195  amendments to the local government. The regional planning
 7196  council review and comment shall be limited to effects on
 7197  regional resources or facilities identified in the strategic
 7198  regional policy plan and extrajurisdictional impacts that would
 7199  be inconsistent with the comprehensive plan of the affected
 7200  local government. A regional planning council shall not review
 7201  and comment on a proposed comprehensive plan amendment prepared
 7202  by such council unless the plan amendment has been changed by
 7203  the local government subsequent to the preparation of the plan
 7204  amendment by the regional planning council. County comments on
 7205  municipal comprehensive plan amendments shall be primarily in
 7206  the context of the relationship and effect of the proposed plan
 7207  amendments on the county plan. Municipal comments on county plan
 7208  amendments shall be primarily in the context of the relationship
 7209  and effect of the amendments on the municipal plan. State agency
 7210  comments must be limited to issues within the agency’s
 7211  jurisdiction as it relates to the requirements of this part and
 7212  may include technical guidance on issues of agency jurisdiction
 7213  as it relates to the requirements of this part. Such comments
 7214  shall clearly identify issues that, if not resolved, may result
 7215  in an agency challenge to the plan amendment. For the purposes
 7216  of this pilot program, Agencies are encouraged to focus
 7217  potential challenges on issues of regional or statewide
 7218  importance. Agencies and local governments must transmit their
 7219  comments to the affected local government such that they are
 7220  received by the local government not later than thirty days from
 7221  the date on which the agency or government received the
 7222  amendment or amendments.
 7223         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
 7224  AREAS.—
 7225         (a) The local government shall hold its second public
 7226  hearing, which shall be a hearing on whether to adopt one or
 7227  more comprehensive plan amendments, on a weekday at least 5 days
 7228  after the day the second advertisement is published pursuant to
 7229  the requirements of chapter 125 or chapter 166. Adoption of
 7230  comprehensive plan amendments must be by ordinance and requires
 7231  an affirmative vote of a majority of the members of the
 7232  governing body present at the second hearing.
 7233         (b) All comprehensive plan amendments adopted by the
 7234  governing body along with the supporting data and analysis shall
 7235  be transmitted within 10 days of the second public hearing to
 7236  the state land planning agency and any other agency or local
 7237  government that provided timely comments under paragraph (4)(b).
 7238         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
 7239  PROGRAM.—
 7240         (a) Any “affected person” as defined in s. 163.3184(1)(a)
 7241  may file a petition with the Division of Administrative Hearings
 7242  pursuant to ss. 120.569 and 120.57, with a copy served on the
 7243  affected local government, to request a formal hearing to
 7244  challenge whether the amendments are “in compliance” as defined
 7245  in s. 163.3184(1)(b). This petition must be filed with the
 7246  Division within 30 days after the state land planning agency
 7247  notifies the local government that the plan amendment package is
 7248  complete the local government adopts the amendment. The state
 7249  land planning agency may intervene in a proceeding instituted by
 7250  an affected person if necessary to protect interests of regional
 7251  or statewide importance.
 7252         (b) The state land planning agency may file a petition with
 7253  the Division of Administrative Hearings pursuant to ss. 120.569
 7254  and 120.57, with a copy served on the affected local government,
 7255  to request a formal hearing if necessary to protect interests of
 7256  regional or statewide importance. This petition must be filed
 7257  with the Division within 30 days after the state land planning
 7258  agency notifies the local government that the plan amendment
 7259  package is complete. For purposes of this section, an adopted
 7260  amendment package shall be deemed complete if it contains a
 7261  full, executed copy of the adoption ordinance or ordinances; in
 7262  the case of a text amendment, a full copy of the amended
 7263  language in legislative format with new words inserted in the
 7264  text underlined, and words to be deleted lined through with
 7265  hyphens; in the case of a future land use map amendment, a copy
 7266  of the future land use map clearly depicting the parcel, its
 7267  existing future land use designation, and its adopted
 7268  designation; and a copy of any data and analyses the local
 7269  government deems appropriate. The state land planning agency
 7270  shall notify the local government that the package is complete
 7271  or that the package contains of any deficiencies within 5
 7272  working days of receipt of an amendment package.
 7273         (c) The state land planning agency’s challenge shall be
 7274  limited to those issues raised in the comments provided by the
 7275  reviewing agencies pursuant to paragraph (4)(b). The state land
 7276  planning agency may challenge a plan amendment that has
 7277  substantially changed from the version on which the agencies
 7278  provided comments. For the purposes of this pilot program, the
 7279  Legislature strongly encourages The state land planning agency
 7280  shall to focus any challenge on issues of regional or statewide
 7281  importance.
 7282         (d) An administrative law judge shall hold a hearing in the
 7283  affected local jurisdiction. The local government’s
 7284  determination that the amendment is “in compliance” is presumed
 7285  to be correct and shall be sustained unless it is shown by a
 7286  preponderance of the evidence that the amendment is not “in
 7287  compliance.”
 7288         (e) If the administrative law judge recommends that the
 7289  amendment be found not in compliance, the judge shall submit the
 7290  recommended order to the Administration Commission for final
 7291  agency action. The Administration Commission shall enter a final
 7292  order within 45 days after its receipt of the recommended order.
 7293         (f) If the administrative law judge recommends that the
 7294  amendment be found in compliance, the judge shall submit the
 7295  recommended order to the state land planning agency.
 7296         1. If the state land planning agency determines that the
 7297  plan amendment should be found not in compliance, the agency
 7298  shall refer, within 30 days of receipt of the recommended order,
 7299  the recommended order and its determination to the
 7300  Administration Commission for final agency action. If the
 7301  commission determines that the amendment is not in compliance,
 7302  it may sanction the local government as set forth in s.
 7303  163.3184(11).
 7304         2. If the state land planning agency determines that the
 7305  plan amendment should be found in compliance, the agency shall
 7306  enter its final order not later than 30 days from receipt of the
 7307  recommended order.
 7308         (g) An amendment adopted under the expedited provisions of
 7309  this section shall not become effective until 31 days after the
 7310  state land plan agency notifies the local government that the
 7311  plan amendment package is complete adoption. If timely
 7312  challenged, an amendment shall not become effective until the
 7313  state land planning agency or the Administration Commission
 7314  enters a final order determining the adopted amendment to be in
 7315  compliance.
 7316         (h) Parties to a proceeding under this section may enter
 7317  into compliance agreements using the process in s. 163.3184(16).
 7318  Any remedial amendment adopted pursuant to a settlement
 7319  agreement shall be provided to the agencies and governments
 7320  listed in paragraph (4)(a).
 7321         (7)APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
 7322  GOVERNMENTS.—Local governments and specific areas that have been
 7323  designated for alternate review process pursuant to ss. 163.3246
 7324  and 163.3184(17) and (18) are not subject to this section.
 7325         (8)RULEMAKING AUTHORITY FOR PILOT PROGRAM.—Agencies shall
 7326  not promulgate rules to implement this pilot program.
 7327         (9)REPORT.—The Office of Program Policy Analysis and
 7328  Government Accountability shall submit to the Governor, the
 7329  President of the Senate, and the Speaker of the House of
 7330  Representatives by December 1, 2008, a report and
 7331  recommendations for implementing a statewide program that
 7332  addresses the legislative findings in subsection (1) in areas
 7333  that meet urban criteria. The Office of Program Policy Analysis
 7334  and Government Accountability in consultation with the state
 7335  land planning agency shall develop the report and
 7336  recommendations with input from other state and regional
 7337  agencies, local governments, and interest groups. Additionally,
 7338  the office shall review local and state actions and
 7339  correspondence relating to the pilot program to identify issues
 7340  of process and substance in recommending changes to the pilot
 7341  program. At a minimum, the report and recommendations shall
 7342  include the following:
 7343         (a)Identification of local governments beyond those
 7344  participating in the pilot program that should be subject to the
 7345  alternative expedited state review process. The report may
 7346  recommend that pilot program local governments may no longer be
 7347  appropriate for such alternative review process.
 7348         (b)Changes to the alternative expedited state review
 7349  process for local comprehensive plan amendments identified in
 7350  the pilot program.
 7351         (c)Criteria for determining issues of regional or
 7352  statewide importance that are to be protected in the alternative
 7353  state review process.
 7354         (d)In preparing the report and recommendations, the Office
 7355  of Program Policy Analysis and Government Accountability shall
 7356  consult with the state land planning agency, the Department of
 7357  Transportation, the Department of Environmental Protection, and
 7358  the regional planning agencies in identifying highly developed
 7359  local governments to participate in the alternative expedited
 7360  state review process. The Office of Program Policy Analysis and
 7361  Governmental Accountability shall also solicit citizen input in
 7362  the potentially affected areas and consult with the affected
 7363  local governments and stakeholder groups.
 7364         Section 33. Paragraph (a) of subsection (2) of section
 7365  163.360, Florida Statutes, is amended to read:
 7366         163.360 Community redevelopment plans.—
 7367         (2) The community redevelopment plan shall:
 7368         (a) Conform to the comprehensive plan for the county or
 7369  municipality as prepared by the local planning agency under the
 7370  Community Local Government Comprehensive Planning and Land
 7371  Development Regulation Act.
 7372         Section 34. Paragraph (a) of subsection (3) and subsection
 7373  (8) of section 163.516, Florida Statutes, are amended to read:
 7374         163.516 Safe neighborhood improvement plans.—
 7375         (3) The safe neighborhood improvement plan shall:
 7376         (a) Be consistent with the adopted comprehensive plan for
 7377  the county or municipality pursuant to the Community Local
 7378  Government Comprehensive Planning and Land Development
 7379  Regulation Act. No district plan shall be implemented unless the
 7380  local governing body has determined said plan is consistent.
 7381         (8) Pursuant to ss. 163.3184, 163.3187, and 163.3189, the
 7382  governing body of a municipality or county shall hold two public
 7383  hearings to consider the board-adopted safe neighborhood
 7384  improvement plan as an amendment or modification to the
 7385  municipality’s or county’s adopted local comprehensive plan.
 7386         Section 35. Paragraph (f) of subsection (6), subsection
 7387  (9), and paragraph (c) of subsection (11) of section 171.203,
 7388  Florida Statutes, are amended to read:
 7389         171.203 Interlocal service boundary agreement.—The
 7390  governing body of a county and one or more municipalities or
 7391  independent special districts within the county may enter into
 7392  an interlocal service boundary agreement under this part. The
 7393  governing bodies of a county, a municipality, or an independent
 7394  special district may develop a process for reaching an
 7395  interlocal service boundary agreement which provides for public
 7396  participation in a manner that meets or exceeds the requirements
 7397  of subsection (13), or the governing bodies may use the process
 7398  established in this section.
 7399         (6) An interlocal service boundary agreement may address
 7400  any issue concerning service delivery, fiscal responsibilities,
 7401  or boundary adjustment. The agreement may include, but need not
 7402  be limited to, provisions that:
 7403         (f) Establish a process for land use decisions consistent
 7404  with part II of chapter 163, including those made jointly by the
 7405  governing bodies of the county and the municipality, or allow a
 7406  municipality to adopt land use changes consistent with part II
 7407  of chapter 163 for areas that are scheduled to be annexed within
 7408  the term of the interlocal agreement; however, the county
 7409  comprehensive plan and land development regulations shall
 7410  control until the municipality annexes the property and amends
 7411  its comprehensive plan accordingly. Comprehensive plan
 7412  amendments to incorporate the process established by this
 7413  paragraph are exempt from the twice-per-year limitation under s.
 7414  163.3187.
 7415         (9) Each local government that is a party to the interlocal
 7416  service boundary agreement shall amend the intergovernmental
 7417  coordination element of its comprehensive plan, as described in
 7418  s. 163.3177(6)(h)1., no later than 6 months following entry of
 7419  the interlocal service boundary agreement consistent with s.
 7420  163.3177(6)(h)1. Plan amendments required by this subsection are
 7421  exempt from the twice-per-year limitation under s. 163.3187.
 7422         (11)
 7423         (c) Any amendment required by paragraph (a) is exempt from
 7424  the twice-per-year limitation under s. 163.3187.
 7425         Section 36. Paragraph (c) of subsection (2) and subsection
 7426  (3) of section 186.504, Florida Statutes, are amended to read:
 7427         186.504 Regional planning councils; creation; membership.—
 7428         (2) Membership on the regional planning council shall be as
 7429  follows:
 7430         (c) Representatives appointed by the Governor from the
 7431  geographic area covered by the regional planning council,
 7432  including an elected school board member from the geographic
 7433  area covered by the regional planning council, to be nominated
 7434  by the Florida School Board Association and a representative of
 7435  the civic and business community which shall be selected and
 7436  recommended by the Florida Chamber of Commerce, the Office of
 7437  Tourism, Trade, and Economic Development, and Enterprise
 7438  Florida. These representatives must include two or more of the
 7439  following: a representative of the region’s business community,
 7440  a representative of the commercial development community, a
 7441  representative of the banking and financial community, and a
 7442  representative of the agricultural community.
 7443         (3) Not less than two-thirds of the representatives serving
 7444  as voting members on the governing bodies of such regional
 7445  planning councils shall be elected officials of local general
 7446  purpose governments chosen by the cities and counties of the
 7447  region, provided each county shall have at least one vote. The
 7448  remaining one-third of the voting members on the governing board
 7449  shall be appointed by the Governor, to include one elected
 7450  school board member, subject to confirmation by the Senate, and
 7451  shall reside in the region. No two appointees of the Governor
 7452  shall have their places of residence in the same county until
 7453  each county within the region is represented by a Governor’s
 7454  appointee to the governing board. Nothing contained in this
 7455  section shall deny to local governing bodies or the Governor the
 7456  option of appointing either locally elected officials or lay
 7457  citizens provided at least two-thirds of the governing body of
 7458  the regional planning council is composed of locally elected
 7459  officials.
 7460         Section 37. Section 186.513, Florida Statutes, is amended
 7461  to read:
 7462         186.513 Reports.—Each regional planning council shall
 7463  prepare and furnish an annual report on its activities to the
 7464  state land planning agency as defined in s. 163.3164(20) and the
 7465  local general-purpose governments within its boundaries and,
 7466  upon payment as may be established by the council, to any
 7467  interested person. The regional planning councils shall make a
 7468  joint report and recommendations to appropriate legislative
 7469  committees.
 7470         Section 38. Section 186.515, Florida Statutes, is amended
 7471  to read:
 7472         186.515 Creation of regional planning councils under
 7473  chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and
 7474  186.515 is intended to repeal or limit the provisions of chapter
 7475  163; however, the local general-purpose governments serving as
 7476  voting members of the governing body of a regional planning
 7477  council created pursuant to ss. 186.501-186.507, 186.513, and
 7478  186.515 are not authorized to create a regional planning council
 7479  pursuant to chapter 163 unless an agency, other than a regional
 7480  planning council created pursuant to ss. 186.501-186.507,
 7481  186.513, and 186.515, is designated to exercise the powers and
 7482  duties in any one or more of ss. 163.3164(19) and 380.031(15);
 7483  in which case, such a regional planning council is also without
 7484  authority to exercise the powers and duties in s. 163.3164(19)
 7485  or s. 380.031(15).
 7486         Section 39. Subsection (1) of section 189.415, Florida
 7487  Statutes, is amended to read:
 7488         189.415 Special district public facilities report.—
 7489         (1) It is declared to be the policy of this state to foster
 7490  coordination between special districts and local general-purpose
 7491  governments as those local general-purpose governments develop
 7492  comprehensive plans under the Community Local Government
 7493  Comprehensive Planning and Land Development Regulation Act,
 7494  pursuant to part II of chapter 163.
 7495         Section 40. Subsection (3) of section 190.004, Florida
 7496  Statutes, is amended to read:
 7497         190.004 Preemption; sole authority.—
 7498         (3) The establishment of an independent community
 7499  development district as provided in this act is not a
 7500  development order within the meaning of chapter 380. All
 7501  governmental planning, environmental, and land development laws,
 7502  regulations, and ordinances apply to all development of the land
 7503  within a community development district. Community development
 7504  districts do not have the power of a local government to adopt a
 7505  comprehensive plan, building code, or land development code, as
 7506  those terms are defined in the Community Local Government
 7507  Comprehensive Planning and Land Development Regulation Act. A
 7508  district shall take no action which is inconsistent with
 7509  applicable comprehensive plans, ordinances, or regulations of
 7510  the applicable local general-purpose government.
 7511         Section 41. Paragraph (a) of subsection (1) of section
 7512  190.005, Florida Statutes, is amended to read:
 7513         190.005 Establishment of district.—
 7514         (1) The exclusive and uniform method for the establishment
 7515  of a community development district with a size of 1,000 acres
 7516  or more shall be pursuant to a rule, adopted under chapter 120
 7517  by the Florida Land and Water Adjudicatory Commission, granting
 7518  a petition for the establishment of a community development
 7519  district.
 7520         (a) A petition for the establishment of a community
 7521  development district shall be filed by the petitioner with the
 7522  Florida Land and Water Adjudicatory Commission. The petition
 7523  shall contain:
 7524         1. A metes and bounds description of the external
 7525  boundaries of the district. Any real property within the
 7526  external boundaries of the district which is to be excluded from
 7527  the district shall be specifically described, and the last known
 7528  address of all owners of such real property shall be listed. The
 7529  petition shall also address the impact of the proposed district
 7530  on any real property within the external boundaries of the
 7531  district which is to be excluded from the district.
 7532         2. The written consent to the establishment of the district
 7533  by all landowners whose real property is to be included in the
 7534  district or documentation demonstrating that the petitioner has
 7535  control by deed, trust agreement, contract, or option of 100
 7536  percent of the real property to be included in the district, and
 7537  when real property to be included in the district is owned by a
 7538  governmental entity and subject to a ground lease as described
 7539  in s. 190.003(14), the written consent by such governmental
 7540  entity.
 7541         3. A designation of five persons to be the initial members
 7542  of the board of supervisors, who shall serve in that office
 7543  until replaced by elected members as provided in s. 190.006.
 7544         4. The proposed name of the district.
 7545         5. A map of the proposed district showing current major
 7546  trunk water mains and sewer interceptors and outfalls if in
 7547  existence.
 7548         6. Based upon available data, the proposed timetable for
 7549  construction of the district services and the estimated cost of
 7550  constructing the proposed services. These estimates shall be
 7551  submitted in good faith but shall not be binding and may be
 7552  subject to change.
 7553         7. A designation of the future general distribution,
 7554  location, and extent of public and private uses of land proposed
 7555  for the area within the district by the future land use plan
 7556  element of the effective local government comprehensive plan of
 7557  which all mandatory elements have been adopted by the applicable
 7558  general-purpose local government in compliance with the
 7559  Community Local Government Comprehensive Planning and Land
 7560  Development Regulation Act.
 7561         8. A statement of estimated regulatory costs in accordance
 7562  with the requirements of s. 120.541.
 7563         Section 42. Paragraph (i) of subsection (6) of section
 7564  193.501, Florida Statutes, is amended to read:
 7565         193.501 Assessment of lands subject to a conservation
 7566  easement, environmentally endangered lands, or lands used for
 7567  outdoor recreational or park purposes when land development
 7568  rights have been conveyed or conservation restrictions have been
 7569  covenanted.—
 7570         (6) The following terms whenever used as referred to in
 7571  this section have the following meanings unless a different
 7572  meaning is clearly indicated by the context:
 7573         (i) “Qualified as environmentally endangered” means land
 7574  that has unique ecological characteristics, rare or limited
 7575  combinations of geological formations, or features of a rare or
 7576  limited nature constituting habitat suitable for fish, plants,
 7577  or wildlife, and which, if subject to a development moratorium
 7578  or one or more conservation easements or development
 7579  restrictions appropriate to retaining such land or water areas
 7580  predominantly in their natural state, would be consistent with
 7581  the conservation, recreation and open space, and, if applicable,
 7582  coastal protection elements of the comprehensive plan adopted by
 7583  formal action of the local governing body pursuant to s.
 7584  163.3161, the Community Local Government Comprehensive Planning
 7585  and Land Development Regulation Act; or surface waters and
 7586  wetlands, as determined by the methodology ratified in s.
 7587  373.4211.
 7588         Section 43. Subsection (15) of section 287.042, Florida
 7589  Statutes, is amended to read:
 7590         287.042 Powers, duties, and functions.—The department shall
 7591  have the following powers, duties, and functions:
 7592         (15) To enter into joint agreements with governmental
 7593  agencies, as defined in s. 163.3164(10), for the purpose of
 7594  pooling funds for the purchase of commodities or information
 7595  technology that can be used by multiple agencies.
 7596         (a) Each agency that has been appropriated or has existing
 7597  funds for such purchase, shall, upon contract award by the
 7598  department, transfer their portion of the funds into the
 7599  department’s Operating Trust Fund for payment by the department.
 7600  The funds shall be transferred by the Executive Office of the
 7601  Governor pursuant to the agency budget amendment request
 7602  provisions in chapter 216.
 7603         (b) Agencies that sign the joint agreements are financially
 7604  obligated for their portion of the agreed-upon funds. If an
 7605  agency becomes more than 90 days delinquent in paying the funds,
 7606  the department shall certify to the Chief Financial Officer the
 7607  amount due, and the Chief Financial Officer shall transfer the
 7608  amount due to the Operating Trust Fund of the department from
 7609  any of the agency’s available funds. The Chief Financial Officer
 7610  shall report these transfers and the reasons for the transfers
 7611  to the Executive Office of the Governor and the legislative
 7612  appropriations committees.
 7613         Section 44. Subsection (4) of section 288.063, Florida
 7614  Statutes, is amended to read:
 7615         288.063 Contracts for transportation projects.—
 7616         (4) The Office of Tourism, Trade, and Economic Development
 7617  may adopt criteria by which transportation projects are to be
 7618  reviewed and certified in accordance with s. 288.061. In
 7619  approving transportation projects for funding, the Office of
 7620  Tourism, Trade, and Economic Development shall consider factors
 7621  including, but not limited to, the cost per job created or
 7622  retained considering the amount of transportation funds
 7623  requested; the average hourly rate of wages for jobs created;
 7624  the reliance on the program as an inducement for the project’s
 7625  location decision; the amount of capital investment to be made
 7626  by the business; the demonstrated local commitment; the location
 7627  of the project in an enterprise zone designated pursuant to s.
 7628  290.0055; the location of the project in a spaceport territory
 7629  as defined in s. 331.304; the unemployment rate of the
 7630  surrounding area; and the poverty rate of the community; and the
 7631  adoption of an economic element as part of its local
 7632  comprehensive plan in accordance with s. 163.3177(7)(j). The
 7633  Office of Tourism, Trade, and Economic Development may contact
 7634  any agency it deems appropriate for additional input regarding
 7635  the approval of projects.
 7636         Section 45. Paragraph (a) of subsection (2), subsection
 7637  (10), and paragraph (d) of subsection (12) of section 288.975,
 7638  Florida Statutes, are amended to read:
 7639         288.975 Military base reuse plans.—
 7640         (2) As used in this section, the term:
 7641         (a) “Affected local government” means a local government
 7642  adjoining the host local government and any other unit of local
 7643  government that is not a host local government but that is
 7644  identified in a proposed military base reuse plan as providing,
 7645  operating, or maintaining one or more public facilities as
 7646  defined in s. 163.3164(24) on lands within or serving a military
 7647  base designated for closure by the Federal Government.
 7648         (10) Within 60 days after receipt of a proposed military
 7649  base reuse plan, these entities shall review and provide
 7650  comments to the host local government. The commencement of this
 7651  review period shall be advertised in newspapers of general
 7652  circulation within the host local government and any affected
 7653  local government to allow for public comment. No later than 180
 7654  days after receipt and consideration of all comments, and the
 7655  holding of at least two public hearings, the host local
 7656  government shall adopt the military base reuse plan. The host
 7657  local government shall comply with the notice requirements set
 7658  forth in s. 163.3184(15) to ensure full public participation in
 7659  this planning process.
 7660         (12) Following receipt of a petition, the petitioning party
 7661  or parties and the host local government shall seek resolution
 7662  of the issues in dispute. The issues in dispute shall be
 7663  resolved as follows:
 7664         (d) Within 45 days after receiving the report from the
 7665  state land planning agency, the Administration Commission shall
 7666  take action to resolve the issues in dispute. In deciding upon a
 7667  proper resolution, the Administration Commission shall consider
 7668  the nature of the issues in dispute, any requests for a formal
 7669  administrative hearing pursuant to chapter 120, the compliance
 7670  of the parties with this section, the extent of the conflict
 7671  between the parties, the comparative hardships and the public
 7672  interest involved. If the Administration Commission incorporates
 7673  in its final order a term or condition that requires any local
 7674  government to amend its local government comprehensive plan, the
 7675  local government shall amend its plan within 60 days after the
 7676  issuance of the order. Such amendment or amendments shall be
 7677  exempt from the limitation of the frequency of plan amendments
 7678  contained in s. 163.3187(1), and a public hearing on such
 7679  amendment or amendments pursuant to s. 163.3184(15)(b)1.(14(b)1.
 7680  shall not be required. The final order of the Administration
 7681  Commission is subject to appeal pursuant to s. 120.68. If the
 7682  order of the Administration Commission is appealed, the time for
 7683  the local government to amend its plan shall be tolled during
 7684  the pendency of any local, state, or federal administrative or
 7685  judicial proceeding relating to the military base reuse plan.
 7686         Section 46. Subsection (4) of section 290.0475, Florida
 7687  Statutes, is amended to read:
 7688         290.0475 Rejection of grant applications; penalties for
 7689  failure to meet application conditions.—Applications received
 7690  for funding under all program categories shall be rejected
 7691  without scoring only in the event that any of the following
 7692  circumstances arise:
 7693         (4) The application is not consistent with the local
 7694  government’s comprehensive plan adopted pursuant to s.
 7695  163.3184(7).
 7696         Section 47. Paragraph (c) of subsection (3) of section
 7697  311.07, Florida Statutes, is amended to read:
 7698         311.07 Florida seaport transportation and economic
 7699  development funding.—
 7700         (3)
 7701         (c) To be eligible for consideration by the council
 7702  pursuant to this section, a project must be consistent with the
 7703  port comprehensive master plan which is incorporated as part of
 7704  the approved local government comprehensive plan as required by
 7705  s. 163.3178(2)(k) or other provisions of the Community Local
 7706  Government Comprehensive Planning and Land Development
 7707  Regulation Act, part II of chapter 163.
 7708         Section 48. Subsection (1) of section 331.319, Florida
 7709  Statutes, is amended to read:
 7710         331.319 Comprehensive planning; building and safety codes.
 7711  The board of directors may:
 7712         (1) Adopt, and from time to time review, amend, supplement,
 7713  or repeal, a comprehensive general plan for the physical
 7714  development of the area within the spaceport territory in
 7715  accordance with the objectives and purposes of this act and
 7716  consistent with the comprehensive plans of the applicable county
 7717  or counties and municipality or municipalities adopted pursuant
 7718  to the Community Local Government Comprehensive Planning and
 7719  Land Development Regulation Act, part II of chapter 163.
 7720         Section 49. Paragraph (e) of subsection (5) of section
 7721  339.155, Florida Statutes, is amended to read:
 7722         339.155 Transportation planning.—
 7723         (5) ADDITIONAL TRANSPORTATION PLANS.—
 7724         (e) The regional transportation plan developed pursuant to
 7725  this section must, at a minimum, identify regionally significant
 7726  transportation facilities located within a regional
 7727  transportation area and contain a prioritized list of regionally
 7728  significant projects. The level-of-service standards for
 7729  facilities to be funded under this subsection shall be adopted
 7730  by the appropriate local government in accordance with s.
 7731  163.3180(10). The projects shall be adopted into the capital
 7732  improvements schedule of the local government comprehensive plan
 7733  pursuant to s. 163.3177(3).
 7734         Section 50. Paragraph (a) of subsection (4) of section
 7735  339.2819, Florida Statutes, is amended to read:
 7736         339.2819 Transportation Regional Incentive Program.—
 7737         (4)(a) Projects to be funded with Transportation Regional
 7738  Incentive Program funds shall, at a minimum:
 7739         1. Support those transportation facilities that serve
 7740  national, statewide, or regional functions and function as an
 7741  integrated regional transportation system.
 7742         2. Be identified in the capital improvements element of a
 7743  comprehensive plan that has been determined to be in compliance
 7744  with part II of chapter 163, after July 1, 2005, or to implement
 7745  a long-term concurrency management system adopted by a local
 7746  government in accordance with s. 163.3180(9). Further, the
 7747  project shall be in compliance with local government
 7748  comprehensive plan policies relative to corridor management.
 7749         3. Be consistent with the Strategic Intermodal System Plan
 7750  developed under s. 339.64.
 7751         4. Have a commitment for local, regional, or private
 7752  financial matching funds as a percentage of the overall project
 7753  cost.
 7754         Section 51. Present subsections (9), (10), (11), (12), and
 7755  (13) of section 367.021, Florida Statutes, are renumbered as
 7756  subsections (11), (12), (13), (14), and (15), respectively, and
 7757  new subsections (9) and (10) are added to that section, to read:
 7758         367.021 Definitions.—As used in this chapter, the following
 7759  words or terms shall have the meanings indicated:
 7760         (9) “Large landowner” means any applicant for a certificate
 7761  pursuant to s. 367.045 who owns or controls at least 1,000 acres
 7762  in a single county or adjacent counties which are proposed to be
 7763  certified.
 7764         (10) “Need” means, for the purposes of an application under
 7765  s. 367.045, by a large landowner, a showing that the certificate
 7766  is sought for planning purposes to allow the landowner to be
 7767  prepared to provide service to its properties as and when needed
 7768  to meet demands for any residential, commercial, or industrial
 7769  service, or for such other lawful purposes as may arise within
 7770  the territory to be certified. A large landowner is not required
 7771  to demonstrate that the need for service is either immediate or
 7772  imminent, or that such service will be required within a
 7773  specific timeframe.
 7774         Section 52. Subsection (5) of section 369.303, Florida
 7775  Statutes, is amended to read:
 7776         369.303 Definitions.—As used in this part:
 7777         (5) “Land development regulation” means a regulation
 7778  covered by the definition in s. 163.3164(23) and any of the
 7779  types of regulations described in s. 163.3202.
 7780         Section 53. Subsection (7) of section 369.321, Florida
 7781  Statutes, is amended to read:
 7782         369.321 Comprehensive plan amendments.—Except as otherwise
 7783  expressly provided, by January 1, 2006, each local government
 7784  within the Wekiva Study Area shall amend its local government
 7785  comprehensive plan to include the following:
 7786         (7) During the period prior to the adoption of the
 7787  comprehensive plan amendments required by this act, any local
 7788  comprehensive plan amendment adopted by a city or county that
 7789  applies to land located within the Wekiva Study Area shall
 7790  protect surface and groundwater resources and be reviewed by the
 7791  Department of Community Affairs, pursuant to chapter 163 and
 7792  chapter 9J-5, Florida Administrative Code, using best available
 7793  data, including the information presented to the Wekiva River
 7794  Basin Coordinating Committee.
 7795         Section 54. Subsection (1) of section 378.021, Florida
 7796  Statutes, is amended to read:
 7797         378.021 Master reclamation plan.—
 7798         (1) The Department of Environmental Protection shall amend
 7799  the master reclamation plan that provides guidelines for the
 7800  reclamation of lands mined or disturbed by the severance of
 7801  phosphate rock prior to July 1, 1975, which lands are not
 7802  subject to mandatory reclamation under part II of chapter 211.
 7803  In amending the master reclamation plan, the Department of
 7804  Environmental Protection shall continue to conduct an onsite
 7805  evaluation of all lands mined or disturbed by the severance of
 7806  phosphate rock prior to July 1, 1975, which lands are not
 7807  subject to mandatory reclamation under part II of chapter 211.
 7808  The master reclamation plan when amended by the Department of
 7809  Environmental Protection shall be consistent with local
 7810  government plans prepared pursuant to the Community Local
 7811  Government Comprehensive Planning and Land Development
 7812  Regulation Act.
 7813         Section 55. Subsection (10) of section 380.031, Florida
 7814  Statutes, is amended to read:
 7815         380.031 Definitions.—As used in this chapter:
 7816         (10) “Local comprehensive plan” means any or all local
 7817  comprehensive plans or elements or portions thereof prepared,
 7818  adopted, or amended pursuant to the Community Local Government
 7819  Comprehensive Planning and Land Development Regulation Act, as
 7820  amended.
 7821         Section 56. Paragraph (b) of subsection (6), paragraphs
 7822  (l), (m), and (s) of subsection (24), paragraph (e) of
 7823  subsection (28), and paragraphs (a) and (e) of subsection (29)
 7824  of section 380.06, Florida Statutes, are amended, and paragraph
 7825  (u) is added to subsection (24) of that section, to read:
 7826         380.06 Developments of regional impact.—
 7827         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
 7828  PLAN AMENDMENTS.—
 7829         (b) Any local government comprehensive plan amendments
 7830  related to a proposed development of regional impact, including
 7831  any changes proposed under subsection (19), may be initiated by
 7832  a local planning agency or the developer and must be considered
 7833  by the local governing body at the same time as the application
 7834  for development approval using the procedures provided for local
 7835  plan amendment in s. 163.3187 or s. 163.3189 and applicable
 7836  local ordinances, without regard to statutory or local ordinance
 7837  limits on the frequency of consideration of amendments to the
 7838  local comprehensive plan. Nothing in this paragraph shall be
 7839  deemed to require favorable consideration of a plan amendment
 7840  solely because it is related to a development of regional
 7841  impact. The procedure for processing such comprehensive plan
 7842  amendments is as follows:
 7843         1. If a developer seeks a comprehensive plan amendment
 7844  related to a development of regional impact, the developer must
 7845  so notify in writing the regional planning agency, the
 7846  applicable local government, and the state land planning agency
 7847  no later than the date of preapplication conference or the
 7848  submission of the proposed change under subsection (19).
 7849         2. When filing the application for development approval or
 7850  the proposed change, the developer must include a written
 7851  request for comprehensive plan amendments that would be
 7852  necessitated by the development-of-regional-impact approvals
 7853  sought. That request must include data and analysis upon which
 7854  the applicable local government can determine whether to
 7855  transmit the comprehensive plan amendment pursuant to s.
 7856  163.3184.
 7857         3. The local government must advertise a public hearing on
 7858  the transmittal within 30 days after filing the application for
 7859  development approval or the proposed change and must make a
 7860  determination on the transmittal within 60 days after the
 7861  initial filing unless that time is extended by the developer.
 7862         4. If the local government approves the transmittal,
 7863  procedures set forth in s. 163.3184(3)-(6) must be followed.
 7864         5. Notwithstanding subsection (11) or subsection (19), the
 7865  local government may not hold a public hearing on the
 7866  application for development approval or the proposed change or
 7867  on the comprehensive plan amendments sooner than 30 days from
 7868  receipt of the response from the state land planning agency
 7869  pursuant to s. 163.3184(6). The 60-day time period for local
 7870  governments to adopt, adopt with changes, or not adopt plan
 7871  amendments pursuant to s. 163.3184(7) shall not apply to
 7872  concurrent plan amendments provided for in this subsection.
 7873         6. The local government must hear both the application for
 7874  development approval or the proposed change and the
 7875  comprehensive plan amendments at the same hearing. However, the
 7876  local government must take action separately on the application
 7877  for development approval or the proposed change and on the
 7878  comprehensive plan amendments.
 7879         7. Thereafter, the appeal process for the local government
 7880  development order must follow the provisions of s. 380.07, and
 7881  the compliance process for the comprehensive plan amendments
 7882  must follow the provisions of s. 163.3184.
 7883         (24) STATUTORY EXEMPTIONS.—
 7884         (l) Any proposed development within an urban service
 7885  boundary established under s. 163.3177(14), which is not
 7886  otherwise exempt pursuant to subsection (29), is exempt from the
 7887  provisions of this section if the local government having
 7888  jurisdiction over the area where the development is proposed has
 7889  adopted the urban service boundary, has entered into a binding
 7890  agreement with jurisdictions that would be impacted and with the
 7891  Department of Transportation regarding the mitigation of impacts
 7892  on state and regional transportation facilities, and has adopted
 7893  a proportionate share methodology pursuant to s. 163.3180(16).
 7894         (m) Any proposed development within a rural land
 7895  stewardship area created under s. 163.3248 163.3177(11)(d) is
 7896  exempt from the provisions of this section if the local
 7897  government that has adopted the rural land stewardship area has
 7898  entered into a binding agreement with jurisdictions that would
 7899  be impacted and the Department of Transportation regarding the
 7900  mitigation of impacts on state and regional transportation
 7901  facilities, and has adopted a proportionate share methodology
 7902  pursuant to s. 163.3180(16).
 7903         (s) Any development in a detailed specific area plan which
 7904  is prepared and adopted pursuant to s. 163.3245 and adopted into
 7905  the comprehensive plan is exempt from this section.
 7906         (u) Any transit-oriented development as defined in s.
 7907  163.3164 incorporated into the county or municipality
 7908  comprehensive plan that has adopted land use and transportation
 7909  strategies to support and fund the local government concurrency
 7910  or mobility plan identified in the comprehensive plan, including
 7911  alternative modes of transportation, is exempt from review for
 7912  transportation impacts conducted pursuant to this section. This
 7913  paragraph does not apply to areas:
 7914         1. Within the boundary of any area of critical state
 7915  concern designated pursuant to s. 380.05;
 7916         2. Within the boundary of the Wekiva Study Area as
 7917  described in s. 369.316; or
 7918         3.Within 2 miles of the boundary of the Everglades
 7919  Protection Area as defined in s. 373.4592(2).
 7920  
 7921  If a use is exempt from review as a development of regional
 7922  impact under paragraphs (a)-(s), but will be part of a larger
 7923  project that is subject to review as a development of regional
 7924  impact, the impact of the exempt use must be included in the
 7925  review of the larger project, unless such exempt use involves a
 7926  development of regional impact that includes a landowner,
 7927  tenant, or user that has entered into a funding agreement with
 7928  the Office of Tourism, Trade, and Economic Development under the
 7929  Innovation Incentive Program and the agreement contemplates a
 7930  state award of at least $50 million.
 7931         (28) PARTIAL STATUTORY EXEMPTIONS.—
 7932         (e) The vesting provision of s. 163.3167(5)(8) relating to
 7933  an authorized development of regional impact shall not apply to
 7934  those projects partially exempt from the development-of
 7935  regional-impact review process under paragraphs (a)-(d).
 7936         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 7937         (a) The following are exempt from this section:
 7938         1. Any proposed development in a municipality that has an
 7939  average of at least 1,000 people per square mile of land area
 7940  and a minimum total population of at least 5,000 qualifies as a
 7941  dense urban land area as defined in s. 163.3164;
 7942         2. Any proposed development within a county, including the
 7943  municipalities located therein, which has an average of at least
 7944  1,000 people per square mile of land area that qualifies as a
 7945  dense urban land area as defined in s. 163.3164 and that is
 7946  located within an urban service area as defined in s. 163.3164
 7947  which has been adopted into the comprehensive plan; or
 7948         3. Any proposed development within a county, including the
 7949  municipalities located therein, which has a population of at
 7950  least 900,000, which has an average of at least 1,000 people per
 7951  square mile of land area which qualifies as a dense urban land
 7952  area under s. 163.3164, but which does not have an urban service
 7953  area designated in the comprehensive plan.
 7954  
 7955  The Office of Economic and Demographic Research within the
 7956  Legislature shall annually calculate the population and density
 7957  criteria needed to determine which jurisdictions meet the
 7958  density criteria in subparagraphs 1.-3. by using the most recent
 7959  land area data from the decennial census conducted by the Bureau
 7960  of the Census of the United States Department of Commerce and
 7961  the latest available population estimates determined pursuant to
 7962  s. 186.901. If any local government has had an annexation,
 7963  contraction, or new incorporation, the Office of Economic and
 7964  Demographic Research shall determine the population density
 7965  using the new jurisdictional boundaries as recorded in
 7966  accordance with s. 171.091. The Office of Economic and
 7967  Demographic Research shall annually submit to the state land
 7968  planning agency by July 1 a list of jurisdictions that meet the
 7969  total population and density criteria. The state land planning
 7970  agency shall publish the list of jurisdictions on its Internet
 7971  website within 7 days after the list is received. The
 7972  designation of jurisdictions that meet the density criteria of
 7973  subparagraphs 1.-3. is effective upon publication on the state
 7974  land planning agency’s Internet website. Any area that meets the
 7975  density criteria may not thereafter be removed from the list of
 7976  areas that qualify.
 7977         (e) In an area that is exempt under paragraphs (a)-(c), any
 7978  previously approved development-of-regional-impact development
 7979  orders shall continue to be effective, but the developer has the
 7980  option to be governed by s. 380.115(1). A pending application
 7981  for development approval shall be governed by s. 380.115(2). A
 7982  development that has a pending application for a comprehensive
 7983  plan amendment and that elects not to continue development-of
 7984  regional-impact review is exempt from the limitation on plan
 7985  amendments set forth in s. 163.3187(1) for the year following
 7986  the effective date of the exemption.
 7987         Section 57. Paragraph (a) of subsection (8) of section
 7988  380.061, Florida Statutes, is amended to read:
 7989         380.061 The Florida Quality Developments program.—
 7990         (8)(a) Any local government comprehensive plan amendments
 7991  related to a Florida Quality Development may be initiated by a
 7992  local planning agency and considered by the local governing body
 7993  at the same time as the application for development approval,
 7994  using the procedures provided for local plan amendment in s.
 7995  163.3187 or s. 163.3189 and applicable local ordinances, without
 7996  regard to statutory or local ordinance limits on the frequency
 7997  of consideration of amendments to the local comprehensive plan.
 7998  Nothing in this subsection shall be construed to require
 7999  favorable consideration of a Florida Quality Development solely
 8000  because it is related to a development of regional impact.
 8001         Section 58. Paragraph (a) of subsection (2) of section
 8002  380.065, Florida Statutes, is amended to read:
 8003         380.065 Certification of local government review of
 8004  development.—
 8005         (2) When a petition is filed, the state land planning
 8006  agency shall have no more than 90 days to prepare and submit to
 8007  the Administration Commission a report and recommendations on
 8008  the proposed certification. In deciding whether to grant
 8009  certification, the Administration Commission shall determine
 8010  whether the following criteria are being met:
 8011         (a) The petitioning local government has adopted and
 8012  effectively implemented a local comprehensive plan and
 8013  development regulations which comply with ss. 163.3161-163.3215,
 8014  the Community Local Government Comprehensive Planning and Land
 8015  Development Regulation Act.
 8016         Section 59. Section 380.0685, Florida Statutes, is amended
 8017  to read:
 8018         380.0685 State park in area of critical state concern in
 8019  county which creates land authority; surcharge on admission and
 8020  overnight occupancy.—The Department of Environmental Protection
 8021  shall impose and collect a surcharge of 50 cents per person per
 8022  day, or $5 per annual family auto entrance permit, on admission
 8023  to all state parks in areas of critical state concern located in
 8024  a county which creates a land authority pursuant to s.
 8025  380.0663(1), and a surcharge of $2.50 per night per campsite,
 8026  cabin, or other overnight recreational occupancy unit in state
 8027  parks in areas of critical state concern located in a county
 8028  which creates a land authority pursuant to s. 380.0663(1);
 8029  however, no surcharge shall be imposed or collected under this
 8030  section for overnight use by nonprofit groups of organized group
 8031  camps, primitive camping areas, or other facilities intended
 8032  primarily for organized group use. Such surcharges shall be
 8033  imposed within 90 days after any county creating a land
 8034  authority notifies the Department of Environmental Protection
 8035  that the land authority has been created. The proceeds from such
 8036  surcharges, less a collection fee that shall be kept by the
 8037  Department of Environmental Protection for the actual cost of
 8038  collection, not to exceed 2 percent, shall be transmitted to the
 8039  land authority of the county from which the revenue was
 8040  generated. Such funds shall be used to purchase property in the
 8041  area or areas of critical state concern in the county from which
 8042  the revenue was generated. An amount not to exceed 10 percent
 8043  may be used for administration and other costs incident to such
 8044  purchases. However, the proceeds of the surcharges imposed and
 8045  collected pursuant to this section in a state park or parks
 8046  located wholly within a municipality, less the costs of
 8047  collection as provided herein, shall be transmitted to that
 8048  municipality for use by the municipality for land acquisition or
 8049  for beach renourishment or restoration, including, but not
 8050  limited to, costs associated with any design, permitting,
 8051  monitoring and mitigation of such work, as well as the work
 8052  itself. The surcharges levied under this section shall remain
 8053  imposed as long as the land authority is in existence.
 8054         Section 60. Subsection (3) of section 380.115, Florida
 8055  Statutes, is amended to read:
 8056         380.115 Vested rights and duties; effect of size reduction,
 8057  changes in guidelines and standards.—
 8058         (3) A landowner that has filed an application for a
 8059  development-of-regional-impact review prior to the adoption of a
 8060  an optional sector plan pursuant to s. 163.3245 may elect to
 8061  have the application reviewed pursuant to s. 380.06,
 8062  comprehensive plan provisions in force prior to adoption of the
 8063  sector plan, and any requested comprehensive plan amendments
 8064  that accompany the application.
 8065         Section 61. Subsection (1) of section 403.50665, Florida
 8066  Statutes, is amended to read:
 8067         403.50665 Land use consistency.—
 8068         (1) The applicant shall include in the application a
 8069  statement on the consistency of the site and any associated
 8070  facilities that constitute a “development,” as defined in s.
 8071  380.04, with existing land use plans and zoning ordinances that
 8072  were in effect on the date the application was filed and a full
 8073  description of such consistency. This information shall include
 8074  an identification of those associated facilities that the
 8075  applicant believes are exempt from the requirements of land use
 8076  plans and zoning ordinances under the provisions of the
 8077  Community Local Government Comprehensive Planning and Land
 8078  Development Regulation Act provisions of chapter 163 and s.
 8079  380.04(3).
 8080         Section 62. Subsection (16) of section 420.9071, Florida
 8081  Statutes, is amended to read:
 8082         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
 8083  term:
 8084         (16) “Local housing incentive strategies” means local
 8085  regulatory reform or incentive programs to encourage or
 8086  facilitate affordable housing production, which include at a
 8087  minimum, assurance that permits as defined in s. 163.3164(7) and
 8088  (8) for affordable housing projects are expedited to a greater
 8089  degree than other projects; an ongoing process for review of
 8090  local policies, ordinances, regulations, and plan provisions
 8091  that increase the cost of housing prior to their adoption; and a
 8092  schedule for implementing the incentive strategies. Local
 8093  housing incentive strategies may also include other regulatory
 8094  reforms, such as those enumerated in s. 420.9076 or those
 8095  recommended by the affordable housing advisory committee in its
 8096  triennial evaluation of the implementation of affordable housing
 8097  incentives, and adopted by the local governing body.
 8098         Section 63. Subsection (13) and paragraph (a) of subsection
 8099  (14) of section 403.973, Florida Statutes, are amended to read:
 8100         403.973 Expedited permitting; amendments to comprehensive
 8101  plans.—
 8102         (13) Notwithstanding any other provisions of law:
 8103         (a) Local comprehensive plan amendments for projects
 8104  qualified under this section are exempt from the twice-a-year
 8105  limits provision in s. 163.3187; and
 8106         (b) Projects qualified under this section are not subject
 8107  to interstate highway level-of-service standards adopted by the
 8108  Department of Transportation for concurrency purposes. The
 8109  memorandum of agreement specified in subsection (5) must include
 8110  a process by which the applicant will be assessed a fair share
 8111  of the cost of mitigating the project’s significant traffic
 8112  impacts, as defined in chapter 380 and related rules. The
 8113  agreement must also specify whether the significant traffic
 8114  impacts on the interstate system will be mitigated through the
 8115  implementation of a project or payment of funds to the
 8116  Department of Transportation. Where funds are paid, the
 8117  Department of Transportation must include in the 5-year work
 8118  program transportation projects or project phases, in an amount
 8119  equal to the funds received, to mitigate the traffic impacts
 8120  associated with the proposed project.
 8121         (14)(a) Challenges to state agency action in the expedited
 8122  permitting process for projects processed under this section are
 8123  subject to the summary hearing provisions of s. 120.574, except
 8124  that the administrative law judge’s decision, as provided in s.
 8125  120.574(2)(f), shall be in the form of a recommended order and
 8126  shall not constitute the final action of the state agency. In
 8127  those proceedings where the action of only one agency of the
 8128  state other than the Department of Environmental Protection is
 8129  challenged, the agency of the state shall issue the final order
 8130  within 45 working days after receipt of the administrative law
 8131  judge’s recommended order, and the recommended order shall
 8132  inform the parties of their right to file exceptions or
 8133  responses to the recommended order in accordance with the
 8134  uniform rules of procedure pursuant to s. 120.54. In those
 8135  proceedings where the actions of more than one agency of the
 8136  state are challenged, the Governor shall issue the final order
 8137  within 45 working days after receipt of the administrative law
 8138  judge’s recommended order, and the recommended order shall
 8139  inform the parties of their right to file exceptions or
 8140  responses to the recommended order in accordance with the
 8141  uniform rules of procedure pursuant to s. 120.54. This paragraph
 8142  does not apply to the issuance of department licenses required
 8143  under any federally delegated or approved permit program. In
 8144  such instances, the department shall enter the final order. The
 8145  participating agencies of the state may opt at the preliminary
 8146  hearing conference to allow the administrative law judge’s
 8147  decision to constitute the final agency action. If a
 8148  participating local government agrees to participate in the
 8149  summary hearing provisions of s. 120.574 for purposes of review
 8150  of local government comprehensive plan amendments, s.
 8151  163.3184(9) and (10) apply.
 8152         Section 64. Subsections (9) and (10) of section 420.5095,
 8153  Florida Statutes, are amended to read:
 8154         420.5095 Community Workforce Housing Innovation Pilot
 8155  Program.—
 8156         (9) Notwithstanding s. 163.3184(3)-(6), any local
 8157  government comprehensive plan amendment to implement a Community
 8158  Workforce Housing Innovation Pilot Program project found
 8159  consistent with the provisions of this section shall be
 8160  expedited as provided in this subsection. At least 30 days prior
 8161  to adopting a plan amendment under this subsection, the local
 8162  government shall notify the state land planning agency of its
 8163  intent to adopt such an amendment, and the notice shall include
 8164  its evaluation related to site suitability and availability of
 8165  facilities and services. The public notice of the hearing
 8166  required by s. 163.3184(11)(15)(b)2. shall include a statement
 8167  that the local government intends to use the expedited adoption
 8168  process authorized by this subsection. Such amendments shall
 8169  require only a single public hearing before the governing board,
 8170  which shall be an adoption hearing as described in s.
 8171  163.3184(6)(7). The state land planning agency shall issue its
 8172  notice of intent pursuant to s. 163.3184(8) within 30 days after
 8173  determining that the amendment package is complete. Any further
 8174  proceedings shall be governed by s. ss. 163.3184(9)-(16).
 8175  Amendments proposed under this section are not subject to s.
 8176  163.3187(1), which limits the adoption of a comprehensive plan
 8177  amendment to no more than two times during any calendar year.
 8178         (10) The processing of approvals of development orders or
 8179  development permits, as defined in s. 163.3164(7) and (8), for
 8180  innovative community workforce housing projects shall be
 8181  expedited.
 8182         Section 65. Subsection (5) of section 420.615, Florida
 8183  Statutes, is amended to read:
 8184         420.615 Affordable housing land donation density bonus
 8185  incentives.—
 8186         (5) The local government, as part of the approval process,
 8187  shall adopt a comprehensive plan amendment, pursuant to part II
 8188  of chapter 163, for the receiving land that incorporates the
 8189  density bonus. Such amendment shall be adopted in the manner as
 8190  required for small-scale amendments pursuant to s. 163.3187, is
 8191  not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
 8192  and is exempt from the limitation on the frequency of plan
 8193  amendments as provided in s. 163.3187.
 8194         Section 66. Subsection (16) of section 420.9071, Florida
 8195  Statutes, is amended to read:
 8196         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
 8197  term:
 8198         (16) “Local housing incentive strategies” means local
 8199  regulatory reform or incentive programs to encourage or
 8200  facilitate affordable housing production, which include at a
 8201  minimum, assurance that permits as defined in s. 163.3164(7) and
 8202  (8) for affordable housing projects are expedited to a greater
 8203  degree than other projects; an ongoing process for review of
 8204  local policies, ordinances, regulations, and plan provisions
 8205  that increase the cost of housing prior to their adoption; and a
 8206  schedule for implementing the incentive strategies. Local
 8207  housing incentive strategies may also include other regulatory
 8208  reforms, such as those enumerated in s. 420.9076 or those
 8209  recommended by the affordable housing advisory committee in its
 8210  triennial evaluation of the implementation of affordable housing
 8211  incentives, and adopted by the local governing body.
 8212         Section 67. Paragraph (a) of subsection (4) of section
 8213  420.9076, Florida Statutes, is amended to read:
 8214         420.9076 Adoption of affordable housing incentive
 8215  strategies; committees.—
 8216         (4) Triennially, the advisory committee shall review the
 8217  established policies and procedures, ordinances, land
 8218  development regulations, and adopted local government
 8219  comprehensive plan of the appointing local government and shall
 8220  recommend specific actions or initiatives to encourage or
 8221  facilitate affordable housing while protecting the ability of
 8222  the property to appreciate in value. The recommendations may
 8223  include the modification or repeal of existing policies,
 8224  procedures, ordinances, regulations, or plan provisions; the
 8225  creation of exceptions applicable to affordable housing; or the
 8226  adoption of new policies, procedures, regulations, ordinances,
 8227  or plan provisions, including recommendations to amend the local
 8228  government comprehensive plan and corresponding regulations,
 8229  ordinances, and other policies. At a minimum, each advisory
 8230  committee shall submit a report to the local governing body that
 8231  includes recommendations on, and triennially thereafter
 8232  evaluates the implementation of, affordable housing incentives
 8233  in the following areas:
 8234         (a) The processing of approvals of development orders or
 8235  permits, as defined in s. 163.3164(7) and (8), for affordable
 8236  housing projects is expedited to a greater degree than other
 8237  projects.
 8238  
 8239  The advisory committee recommendations may also include other
 8240  affordable housing incentives identified by the advisory
 8241  committee. Local governments that receive the minimum allocation
 8242  under the State Housing Initiatives Partnership Program shall
 8243  perform the initial review but may elect to not perform the
 8244  triennial review.
 8245         Section 68. Subsection (1) of section 720.403, Florida
 8246  Statutes, is amended to read:
 8247         720.403 Preservation of residential communities; revival of
 8248  declaration of covenants.—
 8249         (1) Consistent with required and optional elements of local
 8250  comprehensive plans and other applicable provisions of the
 8251  Community Local Government Comprehensive Planning and Land
 8252  Development Regulation Act, homeowners are encouraged to
 8253  preserve existing residential communities, promote available and
 8254  affordable housing, protect structural and aesthetic elements of
 8255  their residential community, and, as applicable, maintain roads
 8256  and streets, easements, water and sewer systems, utilities,
 8257  drainage improvements, conservation and open areas, recreational
 8258  amenities, and other infrastructure and common areas that serve
 8259  and support the residential community by the revival of a
 8260  previous declaration of covenants and other governing documents
 8261  that may have ceased to govern some or all parcels in the
 8262  community.
 8263         Section 69. Subsection (6) of section 1013.30, Florida
 8264  Statutes, is amended to read:
 8265         1013.30 University campus master plans and campus
 8266  development agreements.—
 8267         (6) Before a campus master plan is adopted, a copy of the
 8268  draft master plan must be sent for review or made available
 8269  electronically to the host and any affected local governments,
 8270  the state land planning agency, the Department of Environmental
 8271  Protection, the Department of Transportation, the Department of
 8272  State, the Fish and Wildlife Conservation Commission, and the
 8273  applicable water management district and regional planning
 8274  council. At the request of a governmental entity, a hard copy of
 8275  the draft master plan shall be submitted within 7 business days
 8276  of an electronic copy being made available. These agencies must
 8277  be given 90 days after receipt of the campus master plans in
 8278  which to conduct their review and provide comments to the
 8279  university board of trustees. The commencement of this review
 8280  period must be advertised in newspapers of general circulation
 8281  within the host local government and any affected local
 8282  government to allow for public comment. Following receipt and
 8283  consideration of all comments and the holding of an informal
 8284  information session and at least two public hearings within the
 8285  host jurisdiction, the university board of trustees shall adopt
 8286  the campus master plan. It is the intent of the Legislature that
 8287  the university board of trustees comply with the notice
 8288  requirements set forth in s. 163.3184(11)(15) to ensure full
 8289  public participation in this planning process. The informal
 8290  public information session must be held before the first public
 8291  hearing. The first public hearing shall be held before the draft
 8292  master plan is sent to the agencies specified in this
 8293  subsection. The second public hearing shall be held in
 8294  conjunction with the adoption of the draft master plan by the
 8295  university board of trustees. Campus master plans developed
 8296  under this section are not rules and are not subject to chapter
 8297  120 except as otherwise provided in this section.
 8298         Section 70. Subsections (3), (7), and (8) of section
 8299  1013.33, Florida Statutes, are amended to read:
 8300         1013.33 Coordination of planning with local governing
 8301  bodies.—
 8302         (3) At a minimum, the interlocal agreement must address
 8303  interlocal agreement requirements in s. 163.31777 and, if
 8304  applicable, s. 163.3180(6)(13)(g), except for exempt local
 8305  governments as provided in s. 163.3177(12), and must address the
 8306  following issues:
 8307         (a) A process by which each local government and the
 8308  district school board agree and base their plans on consistent
 8309  projections of the amount, type, and distribution of population
 8310  growth and student enrollment. The geographic distribution of
 8311  jurisdiction-wide growth forecasts is a major objective of the
 8312  process.
 8313         (b) A process to coordinate and share information relating
 8314  to existing and planned public school facilities, including
 8315  school renovations and closures, and local government plans for
 8316  development and redevelopment.
 8317         (c) Participation by affected local governments with the
 8318  district school board in the process of evaluating potential
 8319  school closures, significant renovations to existing schools,
 8320  and new school site selection before land acquisition. Local
 8321  governments shall advise the district school board as to the
 8322  consistency of the proposed closure, renovation, or new site
 8323  with the local comprehensive plan, including appropriate
 8324  circumstances and criteria under which a district school board
 8325  may request an amendment to the comprehensive plan for school
 8326  siting.
 8327         (d) A process for determining the need for and timing of
 8328  onsite and offsite improvements to support new construction,
 8329  proposed expansion, or redevelopment of existing schools. The
 8330  process shall address identification of the party or parties
 8331  responsible for the improvements.
 8332         (e) A process for the school board to inform the local
 8333  government regarding the effect of comprehensive plan amendments
 8334  on school capacity. The capacity reporting must be consistent
 8335  with laws and rules regarding measurement of school facility
 8336  capacity and must also identify how the district school board
 8337  will meet the public school demand based on the facilities work
 8338  program adopted pursuant to s. 1013.35.
 8339         (f) Participation of the local governments in the
 8340  preparation of the annual update to the school board’s 5-year
 8341  district facilities work program and educational plant survey
 8342  prepared pursuant to s. 1013.35.
 8343         (g) A process for determining where and how joint use of
 8344  either school board or local government facilities can be shared
 8345  for mutual benefit and efficiency.
 8346         (h) A procedure for the resolution of disputes between the
 8347  district school board and local governments, which may include
 8348  the dispute resolution processes contained in chapters 164 and
 8349  186.
 8350         (i) An oversight process, including an opportunity for
 8351  public participation, for the implementation of the interlocal
 8352  agreement.
 8353         (7) Except as provided in subsection (8), municipalities
 8354  meeting the exemption criteria in s. 163.3177(12) are exempt
 8355  from the requirements of subsections (2), (3), and (4).
 8356         (8) At the time of the evaluation and appraisal report,
 8357  each exempt municipality shall assess the extent to which it
 8358  continues to meet the criteria for exemption under s.
 8359  163.3177(12). If the municipality continues to meet these
 8360  criteria, the municipality shall continue to be exempt from the
 8361  interlocal agreement requirement. Each municipality exempt under
 8362  s. 163.3177(12) must comply with the provisions of subsections
 8363  (2)-(8) within 1 year after the district school board proposes,
 8364  in its 5-year district facilities work program, a new school
 8365  within the municipality’s jurisdiction.
 8366         Section 71. Rules 9J-5 and 9J-11.023, Florida
 8367  Administrative Code, are repealed, and the Department of State
 8368  is directed to remove those rules from the Florida
 8369  Administrative Code.
 8370         Section 72. Any permit or any other authorization that was
 8371  extended under section 14, chapter 2009-96, Laws of Florida, as
 8372  reauthorized by section 47, chapter 2010-147, Laws of Florida,
 8373  is extended and renewed for an additional period of 2 years from
 8374  its extended expiration date. The holder of a valid permit or
 8375  other authorization that is eligible for the additional 22-year
 8376  extension must notify the authorizing agency in writing by
 8377  December 31, 2011, identifying the specific authorization for
 8378  which the holder intends to use the extension and the
 8379  anticipated timeframe for acting on the authorization.
 8380         Section 73. The Legislature finds that this act fulfills an
 8381  important state interest.
 8382         Section 74. (1) The state land planning agency, within 60
 8383  days after the effective date of this act, shall review any
 8384  administrative or judicial proceeding filed by the agency and
 8385  pending on the effective date of this act to determine whether
 8386  the issues raised by the state land planning agency are
 8387  consistent with the revised provisions of part II of chapter
 8388  163, Florida Statutes. For each proceeding, if the agency
 8389  determines that issues have been raised that are not consistent
 8390  with the revised provisions of part II of chapter 163, Florida
 8391  Statutes, the agency shall dismiss the proceeding. If the state
 8392  land planning agency determines that one or more issues have
 8393  been raised that are consistent with the revised provisions of
 8394  part II of chapter 163, Florida Statutes, the agency shall amend
 8395  its petition within 30 days after the determination to plead
 8396  with particularity as to the manner in which the plan or plan
 8397  amendment fails to meet the revised provisions of part II of
 8398  chapter 163, Florida Statutes. If the agency fails to timely
 8399  file such amended petition, the proceeding shall be dismissed.
 8400         (2) In all proceedings that were initiated by the state
 8401  land planning agency before the effective date of this act, and
 8402  continue after that date, the local government’s determination
 8403  that the comprehensive plan or plan amendment is in compliance
 8404  is presumed to be correct, and the local government’s
 8405  determination shall be sustained unless it is shown by a
 8406  preponderance of the evidence that the comprehensive plan or
 8407  plan amendment is not in compliance.
 8408         Section 75. In accordance with s. 1.04, Florida Statutes,
 8409  the provisions of law amended by this act shall be construed in
 8410  pari materia with the provisions of law reenacted by Senate Bill
 8411  174 or HB 7001, 2011 Regular Session, whichever becomes law, and
 8412  incorporated therein. In addition, if any law amended by this
 8413  act is also amended by any other law enacted at the same
 8414  legislative session or an extension thereof which becomes law,
 8415  full effect shall be given to each if possible.
 8416         Section 76. The Division of Statutory Revision is directed
 8417  to replace the phrase “the effective date of this act” wherever
 8418  it occurs in this act with the date this act becomes a law. The
 8419  Division of Statutory revision is further directed to replace
 8420  all references to s. 163.3184, Florida Statutes, with s.
 8421  163.32465, Florida Statutes, except for provisions related
 8422  specifically to plan amendments that propose a rural land
 8423  stewardship area pursuant to s. 163.3177(11)(d), Florida
 8424  Statutes; propose an optional sector plan; update a
 8425  comprehensive plan based on an evaluation and appraisal report;
 8426  new plans for newly incorporated municipalities are subject to
 8427  state review as set forth in s. 163.3184, Florida Statutes; or
 8428  are in an area of critical state concern designated pursuant to
 8429  s. 380.05, Florida Statutes.
 8430         Section 77. The reenactment of s. 163.31801(5), Florida
 8431  Statutes, in section 16 of this act shall take effect upon this
 8432  act becoming a law, and shall operate retroactively to July 1,
 8433  2009. If such retroactive application is held by a court of last
 8434  resort to be unconstitutional, this act shall apply
 8435  prospectively from the date that this act becomes a law.
 8436         Section 78. Except as otherwise expressly provided in this
 8437  act and except for this section, which shall take effect upon
 8438  this act becoming a law, this act shall take effect July 1,
 8439  2011.