Florida Senate - 2011 SB 1512
By Senator Bennett
21-01052-11 20111512__
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.3164, F.S; defining the terms “mobility plan” and
4 “transit-oriented development”; amending s. 163.3177,
5 F.S.; requiring that certain local governments update
6 the future land use plan element by a specified date
7 and address the compatibility of lands adjacent or
8 proximate to a military installation or airport;
9 providing that the amount of land required to
10 accommodate anticipated growth in local comprehensive
11 plans may not be limited solely by projected
12 population; specifying a formula to be used in
13 projecting population growth; requiring each county
14 and municipality to enter into an interlocal agreement
15 by a specified date which allocates the projected
16 population among local jurisdictions; providing that
17 local governments that fail to agree on the population
18 allocation forfeit certain revenue-sharing funds;
19 amending s. 163.3180, F.S.; specifying how to
20 calculate the proportionate-share contribution for a
21 transportation facility; defining the terms
22 “construction cost” and “transportation deficiency”
23 for purposes of determining the proportionate-share
24 contribution; delaying the date by which local
25 governments are required to adopt a methodology for
26 assessing proportionate fair-share mitigation options;
27 amending s. 163.3182, F.S.; revising provisions to
28 substitute terminology relating to “transportation
29 deficiencies” for “backlogs”; specifying schedule
30 requirements for mass transit projects; amending s.
31 380.06, F.S.; exempting certain transit-oriented
32 developments from transportation impact review;
33 amending ss. 163.3162, 163.32465, 186.513, 186.515,
34 287.042, 288.975, 369.303, 420.5095, 420.9071, and
35 420.9076, F.S.; conforming cross-references; providing
36 an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 163.3164, Florida Statutes, is reordered
41 and amended to read:
42 163.3164 Local Government Comprehensive Planning and Land
43 Development Regulation Act; definitions.—As used in this part
44 act:
45 (1) “Administration Commission” means the Governor and the
46 Cabinet, and for purposes of this chapter the commission shall
47 act on a simple majority vote, except that for purposes of
48 imposing the sanctions provided in s. 163.3184(11), affirmative
49 action requires shall require the approval of the Governor and
50 at least three other members of the commission.
51 (3)(2) “Area” or “area of jurisdiction” means the total
52 area qualifying under the provisions of this part act, whether
53 this is be all of the lands lying within the limits of an
54 incorporated municipality, lands in and adjacent to incorporated
55 municipalities, all unincorporated lands within a county, or
56 areas comprising combinations of the lands in incorporated
57 municipalities and unincorporated areas of counties.
58 (4)(3) “Coastal area” means the 35 coastal counties and all
59 coastal municipalities within their boundaries designated as
60 coastal by the state land planning agency.
61 (5)(4) “Comprehensive plan” means a plan that meets the
62 requirements of ss. 163.3177 and 163.3178.
63 (7)(5) “Developer” means any person, including a
64 governmental agency, undertaking any development as defined in
65 this act.
66 (8)(6) “Development” has the same meaning as given it in s.
67 380.04.
68 (9)(7) “Development order” means any order granting,
69 denying, or granting with conditions an application for a
70 development permit.
71 (10)(8) “Development permit” includes any building permit,
72 zoning permit, subdivision approval, rezoning, certification,
73 special exception, variance, or any other official action of
74 local government that has having the effect of permitting the
75 development of land.
76 (13)(9) “Governing body” means the board of county
77 commissioners of a county, the commission or council of an
78 incorporated municipality, or any other chief governing body of
79 a unit of local government, however designated, or the
80 combination of such bodies where joint utilization of the
81 provisions of this part act is accomplished as provided herein.
82 (14)(10) “Governmental agency” means:
83 (a) The United States or any department, commission,
84 agency, or other instrumentality thereof.
85 (b) This state or any department, commission, agency, or
86 other instrumentality thereof.
87 (c) Any local government, as defined in this section, or
88 any department, commission, agency, or other instrumentality
89 thereof.
90 (d) Any school board or other special district, authority,
91 or governmental entity.
92 (15)(11) “Land” means the earth, water, and air, above,
93 below, or on the surface, and includes any improvements or
94 structures customarily regarded as land.
95 (18)(12) “Land use” means the development that has occurred
96 on the land, the development that is proposed by a developer on
97 the land, or the use that is permitted or permissible on the
98 land under an adopted comprehensive plan or element or portion
99 thereof, land development regulations, or a land development
100 code, as the context may indicate.
101 (19)(13) “Local government” means any county or
102 municipality.
103 (20)(14) “Local planning agency” means the agency
104 designated to prepare the comprehensive plan or plan amendments
105 required by this part act.
106 (21) “Mobility plan” means an integrated land use and
107 transportation plan that promotes compact, mixed-use, and
108 interconnected development served by a multimodal transportation
109 system that includes roads, bicycle, and pedestrian facilities
110 and, where feasible and appropriate, frequent transit and rail
111 service in order to provide individuals with viable
112 transportation options and to not have to rely solely on a motor
113 vehicle for personal mobility.
114 (22)(15) A “Newspaper of general circulation” means a
115 newspaper published at least on a weekly basis and printed in
116 the language most commonly spoken in the area within which it
117 circulates. The term, but does not include a newspaper intended
118 primarily for members of a particular professional or
119 occupational group, a newspaper whose primary function is to
120 carry legal notices, or a newspaper that is given away primarily
121 to distribute advertising.
122 (24)(16) “Parcel of land” means any quantity of land
123 capable of being described with such definiteness that its
124 locations and boundaries may be established, which is designated
125 by its owner or developer as land to be used, or developed as, a
126 unit or which has been used or developed as a unit.
127 (25)(17) “Person” means an individual, corporation,
128 governmental agency, business trust, estate, trust, partnership,
129 association, two or more persons having a joint or common
130 interest, or any other legal entity.
131 (28)(18) “Public notice” means notice as required by s.
132 125.66(2) for a county or by s. 166.041(3)(a) for a
133 municipality. The public notice procedures required under in
134 this part are established as minimum public notice procedures.
135 (29)(19) “Regional planning agency” means the agency
136 designated by the state land planning agency to exercise
137 responsibilities under law in a particular region of the state.
138 (30)(20) “State land planning agency” means the Department
139 of Community Affairs.
140 (31)(21) “Structure” has the same meaning as in given it by
141 s. 380.031(19).
142 (16)(22) “Land development regulation commission” means a
143 commission designated by a local government to develop and
144 recommend, to the local governing body, land development
145 regulations that which implement the adopted comprehensive plan,
146 and to review land development regulations, or amendments
147 thereto, for consistency with the adopted plan and report to the
148 governing body regarding its findings. The responsibilities of
149 such the land development regulation commission may be performed
150 by the local planning agency.
151 (17)(23) “Land development regulations” means ordinances
152 enacted by governing bodies for the regulation of any aspect of
153 development and includes any local government zoning, rezoning,
154 subdivision, building construction, or sign regulations or any
155 other regulations controlling the development of land, except
156 that this definition does shall not apply in s. 163.3213.
157 (27)(24) “Public facilities” means major capital
158 improvements, including, but not limited to, transportation,
159 sanitary sewer, solid waste, drainage, potable water,
160 educational, parks and recreational, and health systems and
161 facilities, and spoil disposal sites for maintenance dredging
162 located in the intracoastal waterways, except for spoil disposal
163 sites owned or used by ports listed in s. 403.021(9)(b).
164 (11)(25) “Downtown revitalization” means the physical and
165 economic renewal of a central business district of a community
166 as designated by local government, and includes both downtown
167 development and redevelopment.
168 (35)(26) “Urban redevelopment” means demolition and
169 reconstruction or substantial renovation of existing buildings
170 or infrastructure within urban infill areas, existing urban
171 service areas, or community redevelopment areas created pursuant
172 to part III.
173 (34)(27) “Urban infill” means the development of vacant
174 parcels in otherwise built-up areas where public facilities such
175 as sewer systems, roads, schools, and recreation areas are
176 already in place and the average residential density is at least
177 five dwelling units per acre, the average nonresidential
178 intensity is at least a floor area ratio of 1.0 and vacant,
179 developable land does not constitute more than 10 percent of the
180 area.
181 (26)(28) “Projects that promote public transportation”
182 means projects that directly affect the provisions of public
183 transit, including transit terminals, transit lines and routes,
184 separate lanes for the exclusive use of public transit services,
185 transit stops (shelters and stations), office buildings or
186 projects that include fixed-rail or transit terminals as part of
187 the building, and projects that which are transit oriented and
188 designed to complement reasonably proximate planned or existing
189 public facilities.
190 (36)(29) “Urban service area” means built-up areas where
191 public facilities and services, including, but not limited to,
192 central water and sewer capacity and roads, are already in place
193 or are committed in the first 3 years of the capital improvement
194 schedule. In addition, For counties that qualify as dense urban
195 land areas under subsection (6) (34), the nonrural area of a
196 county which has adopted into the county charter a rural area
197 designation or areas identified in the comprehensive plan as
198 urban service areas or urban growth boundaries on or before July
199 1, 2009, are also urban service areas under this definition.
200 (32) “Transit-oriented development” means projects in areas
201 identified in a local government comprehensive plan which are
202 served by existing or planned transit service as delineated in
203 the plan’s capital improvements element. These areas must be
204 compact, have moderate to high density developments, be of
205 mixed-use character, interconnected, bicycle and pedestrian
206 friendly, and designed to support frequent transit service
207 operating through, collectively or separately, rail, fixed
208 guideway, streetcar, or bus systems on dedicated facilities or
209 available roadway connections.
210 (33)(30) “Transportation corridor management” means the
211 coordination of the planning of designated future transportation
212 corridors with land use planning within and adjacent to the
213 corridor to promote orderly growth, to meet the concurrency
214 requirements of this chapter, and to maintain the integrity of
215 the corridor for transportation purposes.
216 (23)(31) “Optional sector plan” means an optional process
217 authorized by s. 163.3245 in which one or more local governments
218 by agreement with the state land planning agency are allowed to
219 address development-of-regional-impact issues within certain
220 designated geographic areas identified in the local
221 comprehensive plan as a means of fostering innovative planning
222 and development strategies in s. 163.3177(11)(a) and (b),
223 furthering the purposes of this part and part I of chapter 380,
224 reducing overlapping data and analysis requirements, protecting
225 regionally significant resources and facilities, and addressing
226 extrajurisdictional impacts.
227 (12)(32) “Financial feasibility” means that sufficient
228 revenues are currently available or will be available from
229 committed funding sources for the first 3 years, or will be
230 available from committed or planned funding sources of a local
231 government for years 4 through 10 of a 10-year and 5, of a 5
232 year capital improvement schedule for financing capital
233 improvements, such as ad valorem taxes, bonds, state and federal
234 funds, tax revenues, impact fees, and developer contributions,
235 which are adequate to fund the projected costs of the capital
236 improvements identified in the comprehensive plan necessary to
237 ensure that adopted level-of-service standards are achieved and
238 maintained within the period covered by the 10-year 5-year
239 schedule of capital improvements. A comprehensive plan is shall
240 be deemed financially feasible for transportation and school
241 facilities throughout the planning period addressed by the
242 capital improvements schedule if it can be demonstrated that the
243 level-of-service standards will be achieved and maintained by
244 the end of the planning period even if in a particular year such
245 improvements are not concurrent as required by s. 163.3180.
246 (2)(33) “Agricultural enclave” means an unincorporated,
247 undeveloped parcel that:
248 (a) Is owned by a single person or entity;
249 (b) Has been in continuous use for bona fide agricultural
250 purposes, as defined by s. 193.461, for a period of 5 years
251 before prior to the date of any comprehensive plan amendment
252 application;
253 (c) Is surrounded on at least 75 percent of its perimeter
254 by:
255 1. Property that has existing industrial, commercial, or
256 residential development; or
257 2. Property that the local government has designated, in
258 the local government’s comprehensive plan, zoning map, and
259 future land use map, as land that is to be developed for
260 industrial, commercial, or residential purposes, and at least 75
261 percent of such property is existing industrial, commercial, or
262 residential development;
263 (d) Has public services, including water, wastewater,
264 transportation, schools, and recreation facilities, available or
265 such public services are scheduled in the capital improvement
266 element to be provided by the local government or can be
267 provided by an alternative provider of local government
268 infrastructure in order to ensure consistency with applicable
269 concurrency provisions of s. 163.3180; and
270 (e) Does not exceed 1,280 acres; however, if the property
271 is surrounded by existing or authorized residential development
272 that will result in a density at buildout of at least 1,000
273 residents per square mile, then the area shall be determined to
274 be urban and the parcel may not exceed 4,480 acres.
275 (6)(34) “Dense urban land area” means:
276 (a) A municipality that has an average of at least 1,000
277 people per square mile of land area and a minimum total
278 population of at least 5,000;
279 (b) A county, including the municipalities located therein,
280 which has an average of at least 1,000 people per square mile of
281 land area; or
282 (c) A county, including the municipalities located therein,
283 which has a population of at least 1 million.
284
285 The Office of Economic and Demographic Research within the
286 Legislature shall annually calculate the population and density
287 criteria needed to determine which jurisdictions qualify as
288 dense urban land areas by using the most recent land area data
289 from the decennial census conducted by the Bureau of the Census
290 of the United States Department of Commerce and the latest
291 available population estimates determined pursuant to s.
292 186.901. If any local government has had an annexation,
293 contraction, or new incorporation, the office of Economic and
294 Demographic Research shall determine the population density
295 using the new jurisdictional boundaries as recorded in
296 accordance with s. 171.091. The office of Economic and
297 Demographic Research shall annually submit to the state land
298 planning agency a list of jurisdictions that meet the total
299 population and density criteria necessary for designation as a
300 dense urban land area by July 1, 2009, and every year
301 thereafter. The state land planning agency shall publish the
302 list of jurisdictions on its Internet website within 7 days
303 after the list is received. The designation of jurisdictions
304 that qualify or do not qualify as a dense urban land area is
305 effective upon publication on the state land planning agency’s
306 Internet website.
307 Section 2. Paragraph (a) of subsection (3) and paragraph
308 (a) of subsection (6) of section 163.3177, Florida Statutes, are
309 amended to read:
310 163.3177 Required and optional elements of comprehensive
311 plan; studies and surveys.—
312 (3)(a) The comprehensive plan must shall contain a capital
313 improvements element designed to consider the need for and the
314 location of public facilities in order to encourage the
315 efficient use of such facilities and set forth:
316 1. A component that outlines principles for construction,
317 extension, or increase in capacity of public facilities, as well
318 as a component that outlines principles for correcting existing
319 public facility deficiencies, which are necessary to implement
320 the comprehensive plan. The components must shall cover at least
321 a 5-year period.
322 2. Estimated public facility costs, including a delineation
323 of when facilities will be needed, the general location of the
324 facilities, and projected revenue sources to fund the
325 facilities.
326 3. Standards to ensure the availability of public
327 facilities and the adequacy of those facilities including
328 acceptable levels of service.
329 4. Standards for the management of debt.
330 5. A schedule of capital improvements which includes
331 publicly funded federal, state, or local government projects,
332 and which may include privately funded projects for which the
333 local government has no fiscal responsibility, necessary to
334 ensure that adopted level-of-service standards are achieved and
335 maintained. For capital improvements that will be funded by the
336 developer, financial feasibility is shall be demonstrated by
337 being guaranteed in an enforceable development agreement or
338 interlocal agreement pursuant to paragraph (10)(h), or other
339 enforceable agreement. These development agreements and
340 interlocal agreements must shall be reflected in the schedule of
341 capital improvements if the capital improvement is necessary to
342 serve development within the 5-year schedule. If the local
343 government uses planned revenue sources that require referenda
344 or other actions to secure the revenue source, the plan must, in
345 the event the referenda are not passed or actions do not secure
346 the planned revenue source, must identify other existing revenue
347 sources that will be used to fund the capital projects or
348 otherwise amend the plan to ensure financial feasibility.
349 6. The schedule must include transportation improvements
350 included in the applicable metropolitan planning organization’s
351 transportation improvement program adopted pursuant to s.
352 339.175(8), to the extent that such improvements are relied upon
353 to ensure concurrency and financial feasibility, and a mobility
354 plan. The schedule must also be coordinated with the applicable
355 metropolitan planning organization’s long-range transportation
356 plan adopted pursuant to s. 339.175(7).
357 (6) In addition to the requirements of subsections (1)-(5)
358 and (12), the comprehensive plan shall include the following
359 elements:
360 (a) A future land use plan element designating proposed
361 future general distribution, location, and extent of the uses of
362 land for residential uses, commercial uses, industry,
363 agriculture, recreation, conservation, education, public
364 buildings and grounds, other public facilities, and other
365 categories of the public and private uses of land. Counties are
366 encouraged to designate rural land stewardship areas, pursuant
367 to paragraph (11)(d), as overlays on the future land use map.
368 Each future land use category must be defined in terms of uses
369 included, and must include standards to be followed in the
370 control and distribution of population densities and building
371 and structure intensities. The proposed distribution, location,
372 and extent of the various categories of land use shall be shown
373 on a land use map or map series which shall be supplemented by
374 goals, policies, and measurable objectives. The future land use
375 plan must shall be based upon surveys, studies, and data
376 regarding the area, including the amount of land required to
377 accommodate anticipated growth; the projected resident and
378 seasonal population of the area; the character of undeveloped
379 land; the availability of water supplies, public facilities, and
380 services; the need for redevelopment, including the renewal of
381 blighted areas and the elimination of nonconforming uses which
382 are inconsistent with the character of the community; the
383 compatibility of uses on lands adjacent to or closely proximate
384 to military installations; lands adjacent to an airport as
385 defined in s. 330.35 and consistent with s. 333.02; the
386 discouragement of urban sprawl; energy-efficient land use
387 patterns accounting for existing and future electric power
388 generation and transmission systems; greenhouse gas reduction
389 strategies; and, in rural communities, the need for job
390 creation, capital investment, and economic development that will
391 strengthen and diversify the community’s economy. The future
392 land use plan may designate areas for future planned development
393 use involving combinations of types of uses for which special
394 regulations may be necessary to ensure development in accord
395 with the principles and standards of the comprehensive plan and
396 this part act. The future land use plan element shall include
397 criteria to be used to achieve the compatibility of lands
398 adjacent or closely proximate to military installations,
399 considering factors identified in s. 163.3175(5), and lands
400 adjacent to an airport as defined in s. 330.35 and consistent
401 with s. 333.02. Each local government that is required to update
402 or amend its comprehensive plan to include criteria and address
403 the compatibility of lands adjacent or closely proximate to an
404 existing military installation, or lands adjacent to an airport
405 as defined in s. 330.35 and consistent with s. 333.02, in its
406 future land use plan element, shall transmit the update or
407 amendment to the state land planning agency by June 30, 2012. In
408 addition, For rural communities, the amount of land designated
409 for future planned industrial use shall be based upon surveys
410 and studies that reflect the need for job creation, capital
411 investment, and the necessity to strengthen and diversify the
412 local economies, and may not be limited solely by the projected
413 population of the rural community. The future land use plan of a
414 county may also designate areas for possible future municipal
415 incorporation. The land use maps or map series shall generally
416 identify and depict historic district boundaries and shall
417 designate historically significant properties meriting
418 protection. For coastal counties, the future land use element
419 must include, without limitation, regulatory incentives and
420 criteria that encourage the preservation of recreational and
421 commercial working waterfronts as defined in s. 342.07.
422 1. The future land use element must clearly identify the
423 land use categories in which public schools are an allowable
424 use. The When delineating the land use categories in which
425 public schools are an allowable use, a local government shall
426 include in the categories sufficient land proximate to
427 residential development to meet the projected needs for schools
428 in coordination with public school boards and may establish
429 differing criteria for schools of different type or size. Each
430 local government shall include lands contiguous to existing
431 school sites, to the maximum extent possible, within the land
432 use categories in which public schools are an allowable use. The
433 failure by a local government to comply with these school siting
434 requirements will result in the prohibition of the local
435 government’s ability to amend the local comprehensive plan,
436 except for plan amendments described in s. 163.3187(1)(b), until
437 the school siting requirements are met. Amendments proposed by a
438 local government for purposes of identifying the land use
439 categories in which public schools are an allowable use are
440 exempt from the limitation on the frequency of plan amendments
441 contained in s. 163.3187. The future land use element shall
442 include criteria that encourage the location of schools
443 proximate to urban residential areas to the extent possible and
444 shall require that the local government seek to collocate public
445 facilities, such as parks, libraries, and community centers,
446 with schools to the extent possible and to encourage the use of
447 elementary schools as focal points for neighborhoods. For
448 schools serving predominantly rural counties, defined as a
449 county with a population of 100,000 or fewer, an agricultural
450 land use category is eligible for the location of public school
451 facilities if the local comprehensive plan contains school
452 siting criteria and the location is consistent with such
453 criteria. Local governments required to update or amend their
454 comprehensive plan to include criteria and address compatibility
455 of lands adjacent or closely proximate to existing military
456 installations, or lands adjacent to an airport as defined in s.
457 330.35 and consistent with s. 333.02, in their future land use
458 plan element shall transmit the update or amendment to the state
459 land planning agency by June 30, 2012.
460 2. The amount of land required to accommodate anticipated
461 growth may not be limited solely by the projected population. At
462 a minimum, the future land use plan must provide at least the
463 amount of land needed for each land use category in order to
464 accommodate anticipated growth using medium population
465 projections for a 25-year planning period from the Bureau of
466 Economic and Business Research (BEBR) of the University of
467 Florida and incorporating a minimum 25 percent market factor
468 based upon the total population of the jurisdiction. A 25
469 percent market factor is determined by multiplying the amount of
470 land necessary to accommodate the total population at the end of
471 the planning period by 125 percent. Population projections must
472 be reconciled at the county level. Within each county, the
473 county and each municipality shall, by December 1, 2011, enter
474 into a binding interlocal agreement regarding the allocation of
475 projected county population among the various local government
476 jurisdictions. The sum of the population projections of the
477 unincorporated county and each municipality may not be less than
478 the BEBR medium population for the county as a whole. The
479 interlocal agreement required by s. 163.31777(2) may serve as
480 the required agreement if it is binding on and enforceable by
481 each of the local governments. If a binding population
482 allocation agreement is not reached among all of the local
483 governments within a county by December 1, 2011, those local
484 governments are not eligible for revenue sharing funds pursuant
485 to ss. 206.60, 210.20, and 218.61 and chapter 212, to the extent
486 that the funds are not pledged to pay bonds.
487 Section 3. Paragraphs (a) and (b) of subsection (9),
488 subsection (12), and paragraphs (a), (b), (c), and (i) of
489 subsection (16) of section 163.3180, Florida Statutes, are
490 amended to read:
491 163.3180 Concurrency.—
492 (9)(a) Each local government shall may adopt as a part of
493 its plan, long-term transportation and school concurrency
494 management systems that have with a planning period of up to 10
495 years for specially designated districts or areas where
496 transportation deficiencies are projected to occur within 10
497 years significant backlogs exist. The plan must may include
498 interim level-of-service standards on certain facilities and
499 shall rely on the local government’s schedule of capital
500 improvements for up to 10 years as a basis for issuing
501 development orders that authorize commencement of construction
502 in these designated districts or areas. Pursuant to subsection
503 (12), the concurrency management system must be designed to
504 correct existing or projected deficiencies and set priorities
505 for addressing deficient backlogged facilities. The concurrency
506 management system must be financially feasible and consistent
507 with other portions of the adopted local plan, including the
508 future land use map.
509 (b) If a local government has a transportation deficiency
510 or school facility deficiency backlog for existing development
511 which cannot be adequately addressed in a 10-year plan, the
512 state land planning agency may allow it to develop a plan and
513 long-term schedule of capital improvements covering up to 15
514 years for good and sufficient cause, based on a general
515 comparison between that local government and all other similarly
516 situated local jurisdictions, using the following factors:
517 1. The extent of the deficiency backlog.
518 2. For roads, whether the deficiency backlog is on local or
519 state roads.
520 3. The cost of eliminating the deficiency backlog.
521 4. The local government’s tax and other revenue-raising
522 efforts.
523 (12)(a) A development of regional impact may satisfy the
524 transportation concurrency requirements of the local
525 comprehensive plan, the local government’s concurrency
526 management system, and s. 380.06 by payment of a proportionate
527 share contribution for local and regionally significant traffic
528 impacts, if:
529 1. The development of regional impact which, based on its
530 location or mix of land uses, is designed to encourage
531 pedestrian or other nonautomotive modes of transportation;
532 2. The proportionate-share contribution for local and
533 regionally significant traffic impacts is sufficient to pay for
534 one or more required mobility improvements that will benefit a
535 regionally significant transportation facility;
536 3. The owner and developer of the development of regional
537 impact pays or assures payment of the proportionate-share
538 contribution; and
539 4. If The regionally significant transportation facility to
540 be constructed or improved is under the maintenance authority of
541 a governmental entity, as defined by s. 334.03(12), other than
542 the local government with jurisdiction over the development of
543 regional impact, in which case the developer must is required to
544 enter into a binding and legally enforceable commitment to
545 transfer funds to the governmental entity having maintenance
546 authority or to otherwise assure construction or improvement of
547 the facility.
548 (b) The proportionate-share contribution may be applied to
549 any transportation facility to satisfy the provisions of
550 paragraph (a) this subsection and the local comprehensive plan.,
551 but, for the purposes of this subsection, The amount of the
552 proportionate-share contribution shall be calculated based upon
553 the cumulative number of trips from the proposed development
554 expected to reach roadways during the peak hour from the
555 complete buildout of a stage or phase being approved, divided by
556 the change in the peak hour maximum service volume of roadways
557 resulting from construction of an improvement necessary to
558 maintain the adopted level of service, multiplied by the
559 construction cost, at the time of developer payment, of the
560 improvement necessary to maintain the adopted level of service.
561 In using this formula, the calculation shall be applied twice.
562 In the first calculation, all existing trips, plus projected
563 background trips from any source other than the development
564 project under review, shall be quantified. If any road is
565 determined to be transportation deficient, it is removed from
566 the development-of-regional-impact list of significantly and
567 adversely affected road segments and from the proportionate
568 share calculation. Improvement of the identified deficiency is
569 the funding responsibility of the state or local government. The
570 calculation is applied again, adding the traffic from the
571 project under review and the improvements needed to remove the
572 deficient condition. Roads that are determined by the second
573 calculation to be significantly and adversely affected by the
574 project are then used to establish the project’s proportionate
575 share of the cost of needed improvements. For purposes of this
576 subsection, “construction cost” includes all associated costs of
577 the improvement. Proportionate-share mitigation shall be limited
578 to ensure that a development of regional impact meeting the
579 requirements of this subsection mitigates its impact on the
580 transportation system but is not responsible for the additional
581 cost of reducing or eliminating deficiencies backlogs. This
582 subsection also applies to Florida Quality Developments pursuant
583 to s. 380.061 and to detailed specific area plans implementing
584 optional sector plans pursuant to s. 163.3245.
585 (c)(b) As used in this subsection, the term:
586 1. “Construction cost” includes all associated costs of the
587 improvement.
588 2. “Transportation deficiency” “backlog” means a facility
589 or facilities on which the adopted level-of-service standard is
590 exceeded by the existing trips, plus additional projected
591 background trips from any source other than the development
592 project under review which that are forecast by established
593 traffic standards, including traffic modeling, consistent with
594 the University of Florida Bureau of Economic and Business
595 Research medium population projections. Additional projected
596 background trips are to be coincident with the particular stage
597 or phase of development under review.
598 (16) It is the intent of the Legislature to provide a
599 method by which the impacts of development on transportation
600 facilities can be mitigated by the cooperative efforts of the
601 public and private sectors. The methodology used to calculate
602 proportionate fair-share mitigation under this section shall be
603 as provided for in subsection (12).
604 (a) By December 1, 2006, each local government shall adopt
605 by ordinance a methodology for assessing proportionate fair
606 share mitigation options. By December 1, 2005, The Department of
607 Transportation shall develop a model transportation concurrency
608 management ordinance with methodologies for assessing
609 proportionate fair-share mitigation options. By December 1,
610 2011, each local government shall adopt by ordinance a
611 methodology for assessing proportionate fair-share mitigation
612 options.
613 (b)1. In its transportation concurrency management system,
614 a local government shall, by December 1, 2006, include
615 methodologies to that will be applied to calculate proportionate
616 fair-share mitigation.
617 1. A developer may choose to satisfy all transportation
618 concurrency requirements by contributing or paying proportionate
619 fair-share mitigation if transportation facilities or facility
620 segments identified as mitigation for traffic impacts are
621 specifically identified for funding in the 5-year schedule of
622 capital improvements in the capital improvements element of the
623 local plan or the long-term concurrency management system or if
624 such contributions or payments to such facilities or segments
625 are reflected in the 5-year schedule of capital improvements in
626 the next regularly scheduled update of the capital improvements
627 element. Updates to the 5-year capital improvements element
628 which reflect proportionate fair-share contributions may not be
629 found not in compliance based on ss. 163.3164(12) 163.3164(32)
630 and 163.3177(3) if additional contributions, payments or funding
631 sources are reasonably anticipated during a period not to exceed
632 10 years to fully mitigate impacts on the transportation
633 facilities.
634 2. Proportionate fair-share mitigation shall be applied as
635 a credit against impact fees to the extent that all or a portion
636 of the proportionate fair-share mitigation is used to address
637 the same capital infrastructure improvements contemplated by the
638 local government’s impact fee ordinance.
639 (c) Proportionate fair-share mitigation includes, without
640 limitation, separately or collectively, private funds,
641 contributions of land, and construction and contribution of
642 facilities and may include public funds as determined by the
643 local government. Proportionate fair-share mitigation may be
644 directed toward one or more specific transportation improvements
645 reasonably related to the mobility demands created by the
646 development and such improvements may address one or more modes
647 of travel. The fair market value of the proportionate fair-share
648 mitigation shall not differ based on the form of mitigation. A
649 local government may not require a development to pay more than
650 its proportionate fair-share contribution regardless of the
651 method of mitigation. Proportionate fair-share mitigation shall
652 be limited to ensure that a development meeting the requirements
653 of this section mitigates its impact on the transportation
654 system but is not responsible for the additional cost of
655 reducing or eliminating transportation deficiencies as defined
656 in subsection (12) backlogs.
657 (i) As used in this subsection, the term “backlog” means a
658 facility or facilities on which the adopted level-of-service
659 standard is exceeded by the existing trips, plus additional
660 projected background trips from any source other than the
661 development project under review that are forecast by
662 established traffic standards, including traffic modeling,
663 consistent with the University of Florida Bureau of Economic and
664 Business Research medium population projections. Additional
665 projected background trips are to be coincident with the
666 particular stage or phase of development under review.
667 Section 4. Section 163.3182, Florida Statutes, is reordered
668 and amended to read:
669 163.3182 Transportation deficiencies concurrency backlogs.—
670 (1) DEFINITIONS.—For purposes of this section, the term:
671 (f)(a) “Transportation deficiency concurrency backlog area”
672 means the geographic area within the unincorporated portion of a
673 county, or within the municipal boundary of a municipality
674 designated in a local government comprehensive plan, for which a
675 transportation deficiency concurrency backlog authority is
676 created pursuant to this section. A transportation deficiency
677 concurrency backlog area created within the corporate boundary
678 of a municipality shall be made pursuant to an interlocal
679 agreement between a county, a municipality or municipalities,
680 and any affected taxing authority or authorities.
681 (g)(b) “Authority” or “Transportation deficiency
682 concurrency backlog authority” or “authority” means the
683 governing body of a county or municipality within which an
684 authority is created.
685 (b)(c) “Governing body” means the council, commission, or
686 other legislative body charged with governing the county or
687 municipality within which a transportation deficiency
688 concurrency backlog authority is created pursuant to this
689 section.
690 (e)(d) “Transportation deficiency concurrency backlog”
691 means an identified deficiency where the existing extent of
692 traffic or projected traffic volume exceeds the level of service
693 standard adopted in a local government comprehensive plan for a
694 transportation facility.
695 (h)(e) “Transportation deficiency concurrency backlog plan”
696 means the plan adopted as part of a local government
697 comprehensive plan by the governing body of a county or
698 municipality acting as a transportation deficiency concurrency
699 backlog authority.
700 (i)(f) “Transportation deficiency concurrency backlog
701 project” means any designated transportation project identified
702 for construction within the jurisdiction of a transportation
703 deficiency concurrency backlog authority.
704 (a)(g) “Debt service millage” means any millage levied
705 pursuant to s. 12, Art. VII of the State Constitution.
706 (c)(h) “Increment revenue” means the amount calculated
707 pursuant to subsection (5).
708 (d)(i) “Taxing authority” means a public body that levies
709 or is authorized to levy an ad valorem tax on real property
710 located within a transportation deficiency concurrency backlog
711 area, except a school district.
712 (2) CREATION OF A TRANSPORTATION DEFICIENCY AUTHORITY
713 CONCURRENCY BACKLOG AUTHORITIES.—
714 (a) A county or municipality may create a transportation
715 deficiency concurrency backlog authority if it has an identified
716 transportation deficiency concurrency backlog.
717 (b) Acting as the transportation deficiency concurrency
718 backlog authority within the authority’s jurisdictional
719 boundary, the governing body of a county or municipality shall
720 adopt and implement a plan to eliminate all identified
721 transportation deficiencies concurrency backlogs within the
722 authority’s jurisdiction using funds provided pursuant to
723 subsection (5) and as otherwise provided pursuant to this
724 section.
725 (c) The Legislature finds and declares that there exist in
726 many counties and municipalities areas that have significant
727 transportation deficiencies and inadequate transportation
728 facilities. These deficiencies; that many insufficiencies and
729 inadequacies severely limit or prohibit the satisfaction of
730 adopted transportation level-of-service concurrency standards;
731 that the transportation insufficiencies and inadequacies affect
732 the health, safety, and welfare of the residents of these
733 counties and municipalities; and that the transportation
734 insufficiencies and inadequacies adversely affect economic
735 development and growth of the tax base for the areas in which
736 they occur. these insufficiencies and inadequacies exist; and
737 that The elimination of transportation deficiencies and
738 inadequacies and the satisfaction of transportation concurrency
739 standards are paramount public purposes for the state and its
740 counties and municipalities.
741 (3) POWERS OF A TRANSPORTATION DEFICIENCY CONCURRENCY
742 BACKLOG AUTHORITY.—Each transportation deficiency concurrency
743 backlog authority has the powers necessary or convenient to
744 carry out the purposes of this section, including the power
745 following powers in addition to others granted in this section:
746 (a) To make and execute contracts and other instruments
747 necessary or convenient to the exercise of its powers under this
748 section.
749 (b) To undertake and carry out transportation deficiency
750 concurrency backlog projects for transportation facilities that
751 have transportation deficiencies a concurrency backlog within
752 the authority’s jurisdiction. Concurrency backlog Projects may
753 include transportation facilities that provide for alternative
754 modes of travel including sidewalks, bikeways, and mass transit
755 which are related to a deficient backlogged transportation
756 facility.
757 (c) To invest any transportation deficiency concurrency
758 backlog funds held in reserve, sinking funds, or other any such
759 funds not required for immediate disbursement in property or
760 securities in which savings banks may legally invest funds
761 subject to the control of the authority, and to redeem such
762 bonds as have been issued pursuant to this section at the
763 redemption price established therein, or to purchase such bonds
764 at less than redemption price. All such bonds redeemed or
765 purchased shall be canceled.
766 (d) To borrow money, including, but not limited to, issuing
767 debt obligations such as, but not limited to, bonds, notes,
768 certificates, and similar debt instruments; to apply for and
769 accept advances, loans, grants, contributions, and any other
770 forms of financial assistance from the Federal Government or the
771 state, county, or any other public body or from any sources,
772 public or private, for the purposes of this part; to give such
773 security as may be required; to enter into and carry out
774 contracts or agreements; and to include in any contracts for
775 financial assistance with the Federal Government for or with
776 respect to a transportation deficiency concurrency backlog
777 project and related activities such conditions imposed under
778 federal laws as the transportation deficiency concurrency
779 backlog authority considers reasonable and appropriate and which
780 are not inconsistent with the purposes of this section.
781 (e) To make or have made all surveys and transportation
782 deficiency plans necessary to carry the carrying out of the
783 purposes of this section; to contract with any persons, public
784 or private, in making and implementing carrying out such plans;
785 and to adopt, approve, modify, or amend such transportation
786 concurrency backlog plans.
787 (f) To appropriate such funds and make such expenditures as
788 are necessary to carry out the purposes of this section, and to
789 enter into agreements with other public bodies, which agreements
790 may extend over any period notwithstanding any other provision
791 or rule of law to the contrary.
792 (4) TRANSPORTATION DEFICIENCY CONCURRENCY BACKLOG PLANS.—
793 (a) Each transportation deficiency concurrency backlog
794 authority shall adopt a transportation deficiency concurrency
795 backlog plan as a part of the local government comprehensive
796 plan within 6 months after the creation of the authority. The
797 plan must:
798 1. Identify all transportation facilities that have been
799 designated as deficient and require the expenditure of moneys to
800 upgrade, modify, or mitigate the deficiency.
801 2. Include a priority listing of all transportation
802 facilities that have been designated as deficient and do not
803 satisfy concurrency requirements pursuant to s. 163.3180, and
804 the applicable local government comprehensive plan.
805 3. Establish a schedule for financing and construction of
806 transportation deficiency concurrency backlog projects that will
807 eliminate deficiencies transportation concurrency backlogs
808 within the jurisdiction of the authority within 10 years after
809 the transportation concurrency backlog plan adoption. If mass
810 transit is selected as all or part of the system solution, the
811 improvements and service may extend outside the transportation
812 deficiency areas to the planned terminus of the improvement as
813 long as the improvement provides capacity enhancements to a
814 larger intermodal system. The schedule shall be adopted as part
815 of the local government comprehensive plan.
816 (b) Plan The adoption is of the transportation concurrency
817 backlog plan shall be exempt from the provisions of s.
818 163.3187(1).
819
820 Notwithstanding such schedule requirements, if as long as the
821 schedule provides for the elimination of all transportation
822 deficiencies concurrency backlogs within 10 years after the
823 adoption of the concurrency backlog plan, the final maturity
824 date of any debt incurred to finance or refinance the related
825 projects must may be no later than 40 years after the date the
826 debt is incurred and the authority may continue operations and
827 administer the trust fund established as provided in subsection
828 (5) for as long as the debt remains outstanding.
829 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
830 deficiency concurrency backlog authority shall establish a local
831 transportation concurrency backlog trust fund upon creation of
832 the authority. The Each local trust fund shall be administered
833 by the transportation concurrency backlog authority within which
834 a transportation deficiency concurrency backlog has been
835 identified. The Each local trust fund must continue to be funded
836 under this section for as long as the projects set forth in the
837 related transportation deficiency concurrency backlog plan
838 remain to be completed or until any debt incurred to finance or
839 refinance the related projects is no longer outstanding,
840 whichever occurs later. Beginning in the first fiscal year after
841 the creation of the authority, each local trust fund shall be
842 funded by the proceeds of an ad valorem tax increment collected
843 within each transportation deficiency concurrency backlog area
844 to be determined annually and shall be a minimum of 25 percent
845 of the difference between the amounts set forth in paragraphs
846 (a) and (b), except that if all of the affected taxing
847 authorities agree under an interlocal agreement, a particular
848 local trust fund may be funded by the proceeds of an ad valorem
849 tax increment greater than 25 percent of the difference between
850 the amounts set forth in paragraphs (a) and (b):
851 (a) The amount of ad valorem tax levied each year by each
852 taxing authority, exclusive of any amount from any debt service
853 millage, on taxable real property contained within the
854 jurisdiction of the transportation deficiency concurrency
855 backlog authority and within the transportation deficiency
856 backlog area; and
857 (b) The amount of ad valorem taxes which would have been
858 produced by the rate upon which the tax is levied each year by
859 or for each taxing authority, exclusive of any debt service
860 millage, upon the total of the assessed value of the taxable
861 real property within the transportation deficiency concurrency
862 backlog area as shown on the most recent assessment roll used in
863 connection with the taxation of such property of each taxing
864 authority before prior to the effective date of the ordinance
865 funding the trust fund.
866 (6) EXEMPTIONS.—
867 (a) The following public bodies or taxing authorities are
868 exempt from the provisions of this section:
869 1. A special district that levies ad valorem taxes on
870 taxable real property in more than one county.
871 2. A special district for which the sole available source
872 of revenue is the authority to levy ad valorem taxes at the time
873 an ordinance is adopted under this section. However, revenues or
874 aid that may be dispensed or appropriated to a district as
875 defined in s. 388.011 at the discretion of an entity other than
876 such district shall not be deemed available.
877 3. A library district.
878 4. A neighborhood improvement district created under the
879 Safe Neighborhoods Act.
880 5. A metropolitan transportation authority.
881 6. A water management district created under s. 373.069.
882 7. A community redevelopment agency.
883 (b) A transportation deficiency concurrency exemption
884 authority may also exempt from this section a special district
885 that levies ad valorem taxes within the transportation
886 deficiency concurrency backlog area pursuant to s.
887 163.387(2)(d).
888 (7) TRANSPORTATION DEFICIENCY PLAN CONCURRENCY
889 SATISFACTION.—Upon adoption of a transportation deficiency
890 concurrency backlog plan as a part of the local government
891 comprehensive plan, and the plan going into effect, the area
892 subject to the plan shall be deemed to have achieved and
893 maintained transportation level-of-service standards, and to
894 have met requirements for financial feasibility for
895 transportation facilities, and for the purpose of proposed
896 development transportation concurrency has been satisfied.
897 Proportionate fair-share mitigation shall be limited to ensure
898 that a development inside a transportation deficiency
899 concurrency backlog area is not responsible for the additional
900 costs of eliminating deficiencies backlogs.
901 (8) DISSOLUTION.—Upon completion of all transportation
902 deficiency concurrency backlog projects and repayment or
903 defeasance of all debt issued to finance or refinance such
904 projects, a transportation deficiency concurrency backlog
905 authority shall be dissolved, and its assets and liabilities
906 transferred to the county or municipality within which the
907 authority is located. All remaining assets of the authority must
908 be used for implementation of transportation projects within the
909 jurisdiction of the authority. The local government
910 comprehensive plan shall be amended to remove the transportation
911 deficiency concurrency backlog plan.
912 Section 5. Paragraph (f) is added to subsection (28) of
913 section 380.06, Florida Statutes, to read:
914 380.06 Developments of regional impact.—
915 (28) PARTIAL STATUTORY EXEMPTIONS.—
916 (f) Any transit-oriented development, as defined in s.
917 163.3164, which is incorporated into a county or municipal
918 comprehensive plan by a county or municipality that has adopted
919 land use and transportation strategies to support and fund the
920 local government’s concurrency or mobility plan identified in
921 the comprehensive plan, including alternative modes of
922 transportation, is exempt from review for transportation impacts
923 conducted pursuant to this section. This paragraph does not
924 apply to areas within:
925 1. The boundary of any area of critical state concern
926 designated pursuant to s. 380.05;
927 2. The boundary of the Wekiva Study Area as described in s.
928 369.316; or
929 3. The 2 miles of the boundary of the Everglades Protection
930 Area as described in s. 373.4592(2).
931 Section 6. Subsection (5) of section 163.3162, Florida
932 Statutes, is amended to read:
933 163.3162 Agricultural Lands and Practices Act.—
934 (5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.—The
935 owner of a parcel of land defined as an agricultural enclave
936 under s. 163.3164(33) may apply for an amendment to the local
937 government comprehensive plan pursuant to s. 163.3187. Such
938 amendment is presumed to be consistent with rule 9J-5.006(5),
939 Florida Administrative Code, and may include land uses and
940 intensities of use that are consistent with the uses and
941 intensities of use of the industrial, commercial, or residential
942 areas that surround the parcel. This presumption may be rebutted
943 by clear and convincing evidence. Each application for a
944 comprehensive plan amendment under this subsection for a parcel
945 larger than 640 acres must include appropriate new urbanism
946 concepts such as clustering, mixed-use development, the creation
947 of rural village and city centers, and the transfer of
948 development rights in order to discourage urban sprawl while
949 protecting landowner rights.
950 (a) The local government and the owner of a parcel of land
951 that is the subject of an application for an amendment shall
952 have 180 days following the date that the local government
953 receives a complete application to negotiate in good faith to
954 reach consensus on the land uses and intensities of use that are
955 consistent with the uses and intensities of use of the
956 industrial, commercial, or residential areas that surround the
957 parcel. Within 30 days after the local government’s receipt of
958 such an application, the local government and owner must agree
959 in writing to a schedule for information submittal, public
960 hearings, negotiations, and final action on the amendment, which
961 schedule may thereafter be altered only with the written consent
962 of the local government and the owner. Compliance with the
963 schedule in the written agreement constitutes good faith
964 negotiations for purposes of paragraph (c).
965 (b) Upon conclusion of good faith negotiations under
966 paragraph (a), regardless of whether the local government and
967 owner reach consensus on the land uses and intensities of use
968 that are consistent with the uses and intensities of use of the
969 industrial, commercial, or residential areas that surround the
970 parcel, the amendment must be transmitted to the state land
971 planning agency for review pursuant to s. 163.3184. If the local
972 government fails to transmit the amendment within 180 days after
973 receipt of a complete application, the amendment must be
974 immediately transferred to the state land planning agency for
975 such review at the first available transmittal cycle. A plan
976 amendment transmitted to the state land planning agency
977 submitted under this subsection is presumed to be consistent
978 with rule 9J-5.006(5), Florida Administrative Code. This
979 presumption may be rebutted by clear and convincing evidence.
980 (c) If the owner fails to negotiate in good faith, a plan
981 amendment submitted under this subsection is not entitled to the
982 rebuttable presumption under this subsection in the negotiation
983 and amendment process.
984 (d) Nothing within This subsection relating to agricultural
985 enclaves does not shall preempt or replace any protection
986 currently existing for any property located within the
987 boundaries of the following areas:
988 1. The Wekiva Study Area, as described in s. 369.316; or
989 2. The Everglades Protection Area, as defined in s.
990 373.4592(2).
991 Section 7. Subsection (2) of section 163.32465, Florida
992 Statutes, is amended to read:
993 163.32465 State review of local comprehensive plans in
994 urban areas.—
995 (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.
996 Pinellas and Broward Counties, and the municipalities within
997 these counties, and Jacksonville, Miami, Tampa, and Hialeah
998 shall follow an alternative state review process provided in
999 this section. Municipalities within the pilot counties may
1000 elect, by super majority vote of the governing body, not to
1001 participate in the pilot program. In addition to the pilot
1002 program jurisdictions, any local government may use the
1003 alternative state review process to designate an urban service
1004 area as defined in s. 163.3164(29) in its comprehensive plan.
1005 Section 8. Section 186.513, Florida Statutes, is amended to
1006 read:
1007 186.513 Reports.—Each regional planning council shall
1008 prepare and furnish an annual report on its activities to the
1009 state land planning agency as defined in s. 163.3164(20) and the
1010 local general-purpose governments within its boundaries and,
1011 upon payment as may be established by the council, to any
1012 interested person. The regional planning councils shall make a
1013 joint report and recommendations to appropriate legislative
1014 committees.
1015 Section 9. Section 186.515, Florida Statutes, is amended to
1016 read:
1017 186.515 Creation of regional planning councils under
1018 chapter 163.—Sections Nothing in ss. 186.501-186.507, 186.513,
1019 and 186.515 do not is intended to repeal or limit the provisions
1020 of chapter 163; however, the local general-purpose governments
1021 serving as voting members of the governing body of a regional
1022 planning council created pursuant to ss. 186.501-186.507,
1023 186.513, and 186.515 may not are not authorized to create a
1024 regional planning council pursuant to chapter 163 unless an
1025 agency, other than a regional planning council created pursuant
1026 to ss. 186.501-186.507, 186.513, and 186.515, is designated to
1027 exercise the powers and duties of a regional planning agency as
1028 defined in ss. 163.3164 and 380.031 in any one or more of ss.
1029 163.3164(19) and 380.031(15); in which case, such a regional
1030 planning council is also without authority to exercise the
1031 powers and duties of the regional planning agency in s.
1032 163.3164(19) or s. 380.031(15).
1033 Section 10. Subsection (15) of section 287.042, Florida
1034 Statutes, is amended to read:
1035 287.042 Powers, duties, and functions.—The department shall
1036 have the following powers, duties, and functions:
1037 (15) To enter into joint agreements with governmental
1038 agencies, as defined in s. 163.3164(10), for the purpose of
1039 pooling funds for the purchase of commodities or information
1040 technology that can be used by multiple agencies.
1041 (a) Each agency that has been appropriated or has existing
1042 funds for such purchase, shall, upon contract award by the
1043 department, transfer their portion of the funds into the
1044 department’s Operating Trust Fund for payment by the department.
1045 The funds shall be transferred by the Executive Office of the
1046 Governor pursuant to the agency budget amendment request
1047 provisions in chapter 216.
1048 (b) Agencies that sign the joint agreements are financially
1049 obligated for their portion of the agreed-upon funds. If an
1050 agency becomes more than 90 days delinquent in paying the funds,
1051 the department shall certify to the Chief Financial Officer the
1052 amount due, and the Chief Financial Officer shall transfer the
1053 amount due to the Operating Trust Fund of the department from
1054 any of the agency’s available funds. The Chief Financial Officer
1055 shall report these transfers and the reasons for the transfers
1056 to the Executive Office of the Governor and the legislative
1057 appropriations committees.
1058 Section 11. Paragraph (a) of subsection (2) of section
1059 288.975, Florida Statutes, is amended to read:
1060 288.975 Military base reuse plans.—
1061 (2) As used in this section, the term:
1062 (a) “Affected local government” means a local government
1063 adjoining the host local government and any other unit of local
1064 government that is not a host local government but that is
1065 identified in a proposed military base reuse plan as providing,
1066 operating, or maintaining one or more public facilities as
1067 defined in s. 163.3164(24) on lands within or serving a military
1068 base designated for closure by the Federal Government.
1069 Section 12. Subsection (5) of section 369.303, Florida
1070 Statutes, is amended to read:
1071 369.303 Definitions.—As used in this part:
1072 (5) “Land development regulation” has the same meaning as
1073 means a regulation covered by the definition in s. 163.3164(23)
1074 and includes any of the types of regulations described in s.
1075 163.3202.
1076 Section 13. Subsection (10) of section 420.5095, Florida
1077 Statutes, is amended to read:
1078 420.5095 Community Workforce Housing Innovation Pilot
1079 Program.—
1080 (10) The processing of approvals of development orders or
1081 development permits, as those terms are defined in s.
1082 163.3164(7) and (8), for innovative community workforce housing
1083 projects shall be expedited.
1084 Section 14. Subsection (16) of section 420.9071, Florida
1085 Statutes, is amended to read:
1086 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
1087 term:
1088 (16) “Local housing incentive strategies” means local
1089 regulatory reform or incentive programs to encourage or
1090 facilitate affordable housing production, which include at a
1091 minimum, assurance that development orders or development
1092 permits as those terms are defined in s. 163.3164(7) and (8) for
1093 affordable housing projects are expedited to a greater degree
1094 than other projects; an ongoing process for review of local
1095 policies, ordinances, regulations, and plan provisions that
1096 increase the cost of housing before prior to their adoption; and
1097 a schedule for implementing the incentive strategies. Local
1098 housing incentive strategies may also include other regulatory
1099 reforms, such as those enumerated in s. 420.9076 or those
1100 recommended by the affordable housing advisory committee in its
1101 triennial evaluation of the implementation of affordable housing
1102 incentives, and adopted by the local governing body.
1103 Section 15. Paragraph (a) of subsection (4) of section
1104 420.9076, Florida Statutes, is amended to read:
1105 420.9076 Adoption of affordable housing incentive
1106 strategies; committees.—
1107 (4) Triennially, the advisory committee shall review the
1108 established policies and procedures, ordinances, land
1109 development regulations, and adopted local government
1110 comprehensive plan of the appointing local government and shall
1111 recommend specific actions or initiatives to encourage or
1112 facilitate affordable housing while protecting the ability of
1113 the property to appreciate in value. The recommendations may
1114 include the modification or repeal of existing policies,
1115 procedures, ordinances, regulations, or plan provisions; the
1116 creation of exceptions applicable to affordable housing; or the
1117 adoption of new policies, procedures, regulations, ordinances,
1118 or plan provisions, including recommendations to amend the local
1119 government comprehensive plan and corresponding regulations,
1120 ordinances, and other policies. At a minimum, each advisory
1121 committee shall submit a report to the local governing body that
1122 includes recommendations on, and triennially thereafter
1123 evaluates the implementation of, affordable housing incentives
1124 in the following areas:
1125 (a) The processing of approvals of development orders or
1126 development permits, as those terms are defined in s.
1127 163.3164(7) and (8), for affordable housing projects is
1128 expedited to a greater degree than other projects.
1129
1130 The advisory committee recommendations may also include other
1131 affordable housing incentives identified by the advisory
1132 committee. Local governments that receive the minimum allocation
1133 under the State Housing Initiatives Partnership Program shall
1134 perform the initial review but may elect to not perform the
1135 triennial review.
1136 Section 16. This act shall take effect July 1, 2011.