HB 7129

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 s. 163.3164,
7	F.S.; revising definitions; amending s. 163.3167, F.S.;
8	revising scope of the act; revising and providing duties
9	of local governments and municipalities relating to
10	comprehensive plans; deleting retroactive effect; creating
11	s. 163.3168, F.S.; encouraging local governments to apply
12	for certain innovative planning tools; authorizing the
13	state land planning agency and other appropriate state and
14	regional agencies to use direct and indirect technical
15	assistance; amending s. 163.3171, F.S.; providing
16	legislative intent; amending s. 163.3174, F.S.; deleting
17	certain notice requirements relating to the establishment
18	of local planning agencies by a governing body; amending
19	s. 163.3177, F.S.; revising and providing duties of local
20	governments; revising and providing required and optional
21	elements of comprehensive plans; revising requirements of
22	schedules of capital improvements; revising and providing
23	provisions relating to capital improvements elements;
24	revising major objectives of, and procedures relating to,
25	the local comprehensive planning process; revising and
26	providing required and optional elements of future land
27	use plans; providing required transportation elements;
28	revising and providing required conservation elements;
29	revising and providing required housing elements; revising
30	and providing required coastal management elements;
31	revising and providing required intergovernmental
32	coordination elements; amending s. 163.31777, F.S.;
33	revising requirements relating to public schools'
34	interlocal agreements; deleting duties of the Office of
35	Educational Facilities, the state land planning agency,
36	and local governments relating to such agreements;
37	deleting an exemption; amending s. 163.3178, F.S.;
38	deleting a deadline for local governments to amend coastal
39	management elements and future land use maps; amending s.
40	163.3180, F.S.; revising and providing provisions relating
41	to concurrency; revising concurrency requirements;
42	revising application and findings; revising local
43	government requirements; revising and providing
44	requirements relating to transportation concurrency,
45	transportation concurrency exception areas, urban infill,
46	urban redevelopment, urban service, downtown
47	revitalization areas, transportation concurrency
48	management areas, long-term transportation and school
49	concurrency management systems, development of regional
50	impact, school concurrency, service areas, financial
51	feasibility, interlocal agreements, and multimodal
52	transportation districts; revising duties of the Office of
53	Program Policy Analysis and the state land planning
54	agency; providing requirements for local plans; providing
55	for the limiting the liability of local governments under
56	certain conditions; amending s. 163.3182, F.S.; revising
57	definitions; revising provisions relating to
58	transportation deficiency plans and projects; amending s.
59	163.3184, F.S.; providing a definition; providing
60	requirements for comprehensive plans and plan amendments;
61	providing a expedited state review process for adoption of
62	comprehensive plan amendments; providing requirements for
63	the adoption of comprehensive plan amendments; creating
64	the state-coordinated review process; providing and
65	revising provisions relating to the review process;
66	revising requirements relating to local government
67	transmittal of proposed plan or amendments; providing for
68	comment by reviewing agencies; deleting provisions
69	relating to regional, county, and municipal review;
70	revising provisions relating to state land planning agency
71	review; revising provisions relating to local government
72	review of comments; deleting provisions relating to notice
73	of intent and processes for compliance and noncompliance;
74	providing procedures for administrative challenges to
75	plans and plan amendments; providing for compliance
76	agreements; providing for mediation and expeditious
77	resolution; revising powers and duties of the
78	administration commission; revising provisions relating to
79	areas of critical state concern; providing for concurrent
80	zoning; amending s. 163.3187, F.S.; deleting provisions
81	relating to the amendment of adopted comprehensive plan
82	and providing the process for adoption of small-scale
83	comprehensive plan amendments; repealing s. 163.3189,
84	F.S., relating to process for amendment of adopted
85	comprehensive plan; amending s. 163.3191, F.S., relating
86	to the evaluation and appraisal of comprehensive plans;
87	providing and revising local government requirements
88	including notice, amendments, compliance, mediation,
89	reports, and scoping meetings; amending s. 163.3229, F.S.;
90	revising limitations on duration of development
91	agreements; amending s. 163.3235, F.S.; revising
92	requirements for periodic reviews of a development
93	agreements; amending s. 163.3239, F.S.; revising recording
94	requirements; amending s. 163.3243, F.S.; revising parties
95	who may file an action for injunctive relief; amending s.
96	163.3245, F.S.; revising provisions relating to optional
97	sector plans; authorizing the adoption of sector plans
98	under certain circumstances; repealing s. 163.3246, F.S.,
99	relating to local government comprehensive planning
100	certification program; repealing s. 163.32465, F.S.,
101	relating to state review of local comprehensive plans in
102	urban areas; repealing s. 163.3247, F.S., relating to the
103	Century Commission for a Sustainable Florida; creating s.
104	163.3248, F.S.; providing for the designation of rural
105	land stewardship areas; providing purposes and
106	requirements for the establishment of such areas;
107	providing for the creation of rural land stewardship
108	overlay zoning district and transferable rural land use
109	credits; providing certain limitation relating to such
110	credits; providing for incentives; providing legislative
111	intent; amending s. 380.06, F.S.; revising exemptions;
112	revising provisions to conform to changes made by this
113	act; repealing Rules 9J-5 and 9J-11.023, Florida
114	Administrative Code, relating to minimum criteria for
115	review of local government comprehensive plans and plan
116	amendments, evaluation and appraisal reports, land
117	development regulations and determinations of compliance;
118	amending ss. 70.51, 163.06, 163.2517, 163.3162, 163.3217,
119	163.3220, 163.3221, 163.3229, 163.360, 163.516, 171.203,
120	186.513, 189.415, 190.004, 190.005, 193.501, 287.042,
121	288.063, 288.975, 290.0475, 311.07, 331.319, 339.155,
122	339.2819, 369.303, 369.321, 378.021, 380.06, 380.115,
123	380.031, 380.061, 380.065, 403.50665, 403.973, 420.5095,
124	420.615, 420.5095, 420.9071, 420.9076, 720.403, 1013.30,
125	and 1013.33, F.S.; revising provisions to conform to
126	changes made by this act; requiring the state land
127	planning agency to review certain administrative and
128	judicial proceedings; providing procedures for such
129	review; affirming statutory construction with respect to
130	other legislation passed at the same session; providing a
131	directive of the Division of Statutory Revision; providing
132	an effective date.
133
134	Be It Enacted by the Legislature of the State of Florida:
135
136	Section 1.  Subsection (26) of section 70.51, Florida
137	Statutes, is amended to read:
138	70.51  Land use and environmental dispute resolution.-
139	(26)  A special magistrate's recommendation under this
140	section constitutes data in support of, and a support document
141	for, a comprehensive plan or comprehensive plan amendment, but
142	is not, in and of itself, dispositive of a determination of
143	compliance with chapter 163. Any comprehensive plan amendment
144	necessary to carry out the approved recommendation of a special
145	magistrate under this section is exempt from the twice-a-year
146	limit on plan amendments and may be adopted by the local
147	government amendments in s. 163.3184(16)(d).
148	Section 2.  Paragraphs (h) through (l) of subsection (3) of
149	section 163.06, Florida Statutes, are redesignated as paragraphs
150	(g) through (k), respectively, and present paragraph (g) of that
151	subsection is amended to read:
152	163.06  Miami River Commission.-
153	(3)  The policy committee shall have the following powers
154	and duties:
155	(g)  Coordinate a joint planning area agreement between the
156	Department of Community Affairs, the city, and the county under
157	the provisions of s. 163.3177(11)(a), (b), and (c).
158	Section 3.  Subsection (4) of section 163.2517, Florida
159	Statutes, is amended to read:
160	163.2517  Designation of urban infill and redevelopment
161	area.-
162	(4)  In order for a local government to designate an urban
163	infill and redevelopment area, it must amend its comprehensive
164	land use plan under s. 163.3187 to delineate the boundaries of
165	the urban infill and redevelopment area within the future land
166	use element of its comprehensive plan pursuant to its adopted
167	urban infill and redevelopment plan. The state land planning
168	agency shall review the boundary delineation of the urban infill
169	and redevelopment area in the future land use element under s.
170	163.3184. However, an urban infill and redevelopment plan
171	adopted by a local government is not subject to review for
172	compliance as defined by s. 163.3184(1)(b), and the local
173	government is not required to adopt the plan as a comprehensive
174	plan amendment. An amendment to the local comprehensive plan to
175	designate an urban infill and redevelopment area is exempt from
176	the twice-a-year amendment limitation of s. 163.3187.
177	Section 4.  Section 163.3161, Florida Statutes, is amended
178	to read:
179	163.3161  Short title; intent and purpose.-
180	(1)  This part shall be known and may be cited as the
181	"Community Local Government Comprehensive Planning and Land
182	Development Regulation Act."
183	(2)  In conformity with, and in furtherance of, the purpose
184	of the Florida Environmental Land and Water Management Act of
185	1972, chapter 380, It is the purpose of this act to utilize and
186	strengthen the existing role, processes, and powers of local
187	governments in the establishment and implementation of
188	comprehensive planning programs to guide and manage control
189	future development consistent with the proper role of local
190	government.
191	(3)  It is the intent of this act to focus the state role
192	in managing growth under this act to protecting the functions of
193	important state resources and facilities.
194	(4)  It is the intent of this act that the ability of its
195	adoption is necessary so that local governments to can preserve
196	and enhance present advantages; encourage the most appropriate
197	use of land, water, and resources, consistent with the public
198	interest; overcome present handicaps; and deal effectively with
199	future problems that may result from the use and development of
200	land within their jurisdictions. Through the process of
201	comprehensive planning, it is intended that units of local
202	government can preserve, promote, protect, and improve the
203	public health, safety, comfort, good order, appearance,
204	convenience, law enforcement and fire prevention, and general
205	welfare; prevent the overcrowding of land and avoid undue
206	concentration of population; facilitate the adequate and
207	efficient provision of transportation, water, sewerage, schools,
208	parks, recreational facilities, housing, and other requirements
209	and services; and conserve, develop, utilize, and protect
210	natural resources within their jurisdictions.
211	(5)(4)  It is the intent of this act to encourage and
212	ensure assure cooperation between and among municipalities and
213	counties and to encourage and assure coordination of planning
214	and development activities of units of local government with the
215	planning activities of regional agencies and state government in
216	accord with applicable provisions of law.
217	(6)(5)  It is the intent of this act that adopted
218	comprehensive plans shall have the legal status set out in this
219	act and that no public or private development shall be permitted
220	except in conformity with comprehensive plans, or elements or
221	portions thereof, prepared and adopted in conformity with this
222	act.
223	(7)(6)  It is the intent of this act that the activities of
224	units of local government in the preparation and adoption of
225	comprehensive plans, or elements or portions therefor, shall be
226	conducted in conformity with the provisions of this act.
227	(8)(7)  The provisions of this act in their interpretation
228	and application are declared to be the minimum requirements
229	necessary to accomplish the stated intent, purposes, and
230	objectives of this act; to protect human, environmental, social,
231	and economic resources; and to maintain, through orderly growth
232	and development, the character and stability of present and
233	future land use and development in this state.
234	(9)(8)  It is the intent of the Legislature that the repeal
235	of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
236	of Florida, and amendments to this part by this chapter law,
237	shall not be interpreted to limit or restrict the powers of
238	municipal or county officials, but shall be interpreted as a
239	recognition of their broad statutory and constitutional powers
240	to plan for and regulate the use of land. It is, further, the
241	intent of the Legislature to reconfirm that ss. 163.3161 through
242	163.3248 163.3215 have provided and do provide the necessary
243	statutory direction and basis for municipal and county officials
244	to carry out their comprehensive planning and land development
245	regulation powers, duties, and responsibilities.
246	(10)(9)  It is the intent of the Legislature that all
247	governmental entities in this state recognize and respect
248	judicially acknowledged or constitutionally protected private
249	property rights. It is the intent of the Legislature that all
250	rules, ordinances, regulations, and programs adopted under the
251	authority of this act must be developed, promulgated,
252	implemented, and applied with sensitivity for private property
253	rights and not be unduly restrictive, and property owners must
254	be free from actions by others which would harm their property.
255	Full and just compensation or other appropriate relief must be
256	provided to any property owner for a governmental action that is
257	determined to be an invalid exercise of the police power which
258	constitutes a taking, as provided by law. Any such relief must
259	be determined in a judicial action.
260	(11)  It is the intent of this part that the traditional
261	economic base of this state, agriculture, tourism, and military
262	presence, be recognized and protected. Further, it is the intent
263	of this part to encourage economic diversification, workforce
264	development, and community planning.
265	(12)  It is the intent of this part that new statutory
266	requirements created by the Legislature will not require a local
267	government whose plan has been found to be in compliance with
268	this part to adopt amendments implementing the new statutory
269	requirements until the evaluation and appraisal period provided
270	in s. 163.3191, unless otherwise specified in law. However, any
271	new amendments must comply with the requirements of this part.
272	Section 5.  Subsections (2) through (5) of section
273	163.3162, Florida Statutes, are renumbered as subsections (1)
274	through (4), respectively, and present subsections (1) and (5)
275	of that section are amended to read:
276	163.3162  Agricultural Lands and Practices Act.-
277	(1)  SHORT TITLE.-This section may be cited as the
278	"Agricultural Lands and Practices Act."
279	(4)(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.-
280	The owner of a parcel of land defined as an agricultural enclave
281	under s. 163.3164(33) may apply for an amendment to the local
282	government comprehensive plan pursuant to s. 163.3184 163.3187.
283	Such amendment is presumed not to be urban sprawl as defined in
284	s. 163.3164 if it includes consistent with rule 9J-5.006(5),
285	Florida Administrative Code, and may include land uses and
286	intensities of use that are consistent with the uses and
287	intensities of use of the industrial, commercial, or residential
288	areas that surround the parcel. This presumption may be rebutted
289	by clear and convincing evidence. Each application for a
290	comprehensive plan amendment under this subsection for a parcel
291	larger than 640 acres must include appropriate new urbanism
292	concepts such as clustering, mixed-use development, the creation
293	of rural village and city centers, and the transfer of
294	development rights in order to discourage urban sprawl while
295	protecting landowner rights.
296	(a)  The local government and the owner of a parcel of land
297	that is the subject of an application for an amendment shall
298	have 180 days following the date that the local government
299	receives a complete application to negotiate in good faith to
300	reach consensus on the land uses and intensities of use that are
301	consistent with the uses and intensities of use of the
302	industrial, commercial, or residential areas that surround the
303	parcel. Within 30 days after the local government's receipt of
304	such an application, the local government and owner must agree
305	in writing to a schedule for information submittal, public
306	hearings, negotiations, and final action on the amendment, which
307	schedule may thereafter be altered only with the written consent
308	of the local government and the owner. Compliance with the
309	schedule in the written agreement constitutes good faith
310	negotiations for purposes of paragraph (c).
311	(b)  Upon conclusion of good faith negotiations under
312	paragraph (a), regardless of whether the local government and
313	owner reach consensus on the land uses and intensities of use
314	that are consistent with the uses and intensities of use of the
315	industrial, commercial, or residential areas that surround the
316	parcel, the amendment must be transmitted to the state land
317	planning agency for review pursuant to s. 163.3184. If the local
318	government fails to transmit the amendment within 180 days after
319	receipt of a complete application, the amendment must be
320	immediately transferred to the state land planning agency for
321	such review at the first available transmittal cycle. A plan
322	amendment transmitted to the state land planning agency
323	submitted under this subsection is presumed not to be urban
324	sprawl as defined in s. 163.3164 consistent with rule 9J-
325	5.006(5), Florida Administrative Code. This presumption may be
326	rebutted by clear and convincing evidence.
327	(c)  If the owner fails to negotiate in good faith, a plan
328	amendment submitted under this subsection is not entitled to the
329	rebuttable presumption under this subsection in the negotiation
330	and amendment process.
331	(d)  Nothing within this subsection relating to
332	agricultural enclaves shall preempt or replace any protection
333	currently existing for any property located within the
334	boundaries of the following areas:
335	1.  The Wekiva Study Area, as described in s. 369.316; or
336	2.  The Everglades Protection Area, as defined in s.
337	373.4592(2).
338	Section 6.  Section 163.3164, Florida Statutes, is amended
339	to read:
340	163.3164  Community Local Government Comprehensive Planning
341	and Land Development Regulation Act; definitions.-As used in
342	this act:
343	(1)  "Administration Commission" means the Governor and the
344	Cabinet, and for purposes of this chapter the commission shall
345	act on a simple majority vote, except that for purposes of
346	imposing the sanctions provided in s. 163.3184(8)(11),
347	affirmative action shall require the approval of the Governor
348	and at least two three other members of the commission.
349	(2)  "Affordable housing" has the same meaning as in s.
350	420.0004(3).
351	(3)(33)  "Agricultural enclave" means an unincorporated,
352	undeveloped parcel that:
353	(a)  Is owned by a single person or entity;
354	(b)  Has been in continuous use for bona fide agricultural
355	purposes, as defined by s. 193.461, for a period of 5 years
356	prior to the date of any comprehensive plan amendment
357	application;
358	(c)  Is surrounded on at least 75 percent of its perimeter
359	by:
360	1.  Property that has existing industrial, commercial, or
361	residential development; or
362	2.  Property that the local government has designated, in
363	the local government's comprehensive plan, zoning map, and
364	future land use map, as land that is to be developed for
365	industrial, commercial, or residential purposes, and at least 75
366	percent of such property is existing industrial, commercial, or
367	residential development;
368	(d)  Has public services, including water, wastewater,
369	transportation, schools, and recreation facilities, available or
370	such public services are scheduled in the capital improvement
371	element to be provided by the local government or can be
372	provided by an alternative provider of local government
373	infrastructure in order to ensure consistency with applicable
374	concurrency provisions of s. 163.3180; and
375	(e)  Does not exceed 1,280 acres; however, if the property
376	is surrounded by existing or authorized residential development
377	that will result in a density at buildout of at least 1,000
378	residents per square mile, then the area shall be determined to
379	be urban and the parcel may not exceed 4,480 acres.
380	(4)  "Antiquated subdivision" means a subdivision that was
381	recorded or approved more than 20 years ago and that has
382	substantially failed to be built and the continued buildout of
383	the subdivision in accordance with the subdivision's zoning and
384	land use purposes would cause an imbalance of land uses and
385	would be detrimental to the local and regional economies and
386	environment, hinder current planning practices, and lead to
387	inefficient and fiscally irresponsible development patterns as
388	determined by the respective jurisdiction in which the
389	subdivision is located.
390	(5)(2)  "Area" or "area of jurisdiction" means the total
391	area qualifying under the provisions of this act, whether this
392	be all of the lands lying within the limits of an incorporated
393	municipality, lands in and adjacent to incorporated
394	municipalities, all unincorporated lands within a county, or
395	areas comprising combinations of the lands in incorporated
396	municipalities and unincorporated areas of counties.
397	(6)  "Capital improvement" means physical assets
398	constructed or purchased to provide, improve, or replace a
399	public facility and which are typically large scale and high in
400	cost. The cost of a capital improvement is generally
401	nonrecurring and may require multiyear financing. For the
402	purposes of this part, physical assets that have been identified
403	as existing or projected needs in the individual comprehensive
404	plan elements shall be considered capital improvements.
405	(7)(3)  "Coastal area" means the 35 coastal counties and
406	all coastal municipalities within their boundaries designated
407	coastal by the state land planning agency.
408	(8)  "Compatibility" means a condition in which land uses
409	or conditions can coexist in relative proximity to each other in
410	a stable fashion over time such that no use or condition is
411	unduly negatively impacted directly or indirectly by another use
412	or condition.
413	(9)(4)  "Comprehensive plan" means a plan that meets the
414	requirements of ss. 163.3177 and 163.3178.
415	(10)  "Deepwater ports" means the ports identified in s.
416	403.021(9).
417	(11)  "Density" means an objective measurement of the
418	number of people or residential units allowed per unit of land,
419	such as residents or employees per acre.
420	(12)(5)  "Developer" means any person, including a
421	governmental agency, undertaking any development as defined in
422	this act.
423	(13)(6)  "Development" has the same meaning as given it in
424	s. 380.04.
425	(14)(7)  "Development order" means any order granting,
426	denying, or granting with conditions an application for a
427	development permit.
428	(15)(8)  "Development permit" includes any building permit,
429	zoning permit, subdivision approval, rezoning, certification,
430	special exception, variance, or any other official action of
431	local government having the effect of permitting the development
432	of land.
433	(16)(25)  "Downtown revitalization" means the physical and
434	economic renewal of a central business district of a community
435	as designated by local government, and includes both downtown
436	development and redevelopment.
437	(17)  "Floodprone areas" means areas inundated during a
438	100-year flood event or areas identified by the National Flood
439	Insurance Program as an A Zone on flood insurance rate maps or
440	flood hazard boundary maps.
441	(18)  "Goal" means the long-term end toward which programs
442	or activities are ultimately directed.
443	(19)(9)  "Governing body" means the board of county
444	commissioners of a county, the commission or council of an
445	incorporated municipality, or any other chief governing body of
446	a unit of local government, however designated, or the
447	combination of such bodies where joint utilization of the
448	provisions of this act is accomplished as provided herein.
449	(20)(10)  "Governmental agency" means:
450	(a)  The United States or any department, commission,
451	agency, or other instrumentality thereof.
452	(b)  This state or any department, commission, agency, or
453	other instrumentality thereof.
454	(c)  Any local government, as defined in this section, or
455	any department, commission, agency, or other instrumentality
456	thereof.
457	(d)  Any school board or other special district, authority,
458	or governmental entity.
459	(21)  "Intensity" means an objective measurement of the
460	extent to which land may be developed or used, including the
461	consumption or use of the space above, on, or below ground; the
462	measurement of the use of or demand on natural resources; and
463	the measurement of the use of or demand on facilities and
464	services.
465	(22)  "Internal trip capture" means trips generated by a
466	mixed-use project that travel from one on-site land use to
467	another on-site land use without using the external road
468	network.
469	(23)(11)  "Land" means the earth, water, and air, above,
470	below, or on the surface, and includes any improvements or
471	structures customarily regarded as land.
472	(24)(22)  "Land development regulation commission" means a
473	commission designated by a local government to develop and
474	recommend, to the local governing body, land development
475	regulations which implement the adopted comprehensive plan and
476	to review land development regulations, or amendments thereto,
477	for consistency with the adopted plan and report to the
478	governing body regarding its findings. The responsibilities of
479	the land development regulation commission may be performed by
480	the local planning agency.
481	(25)(23)  "Land development regulations" means ordinances
482	enacted by governing bodies for the regulation of any aspect of
483	development and includes any local government zoning, rezoning,
484	subdivision, building construction, or sign regulations or any
485	other regulations controlling the development of land, except
486	that this definition shall not apply in s. 163.3213.
487	(26)(12)  "Land use" means the development that has
488	occurred on the land, the development that is proposed by a
489	developer on the land, or the use that is permitted or
490	permissible on the land under an adopted comprehensive plan or
491	element or portion thereof, land development regulations, or a
492	land development code, as the context may indicate.
493	(27)  "Level of service" means an indicator of the extent
494	or degree of service provided by, or proposed to be provided by,
495	a facility based on and related to the operational
496	characteristics of the facility. Level of service shall indicate
497	the capacity per unit of demand for each public facility.
498	(28)(13)  "Local government" means any county or
499	municipality.
500	(29)(14)  "Local planning agency" means the agency
501	designated to prepare the comprehensive plan or plan amendments
502	required by this act.
503	(30)(15)  A "Newspaper of general circulation" means a
504	newspaper published at least on a weekly basis and printed in
505	the language most commonly spoken in the area within which it
506	circulates, but does not include a newspaper intended primarily
507	for members of a particular professional or occupational group,
508	a newspaper whose primary function is to carry legal notices, or
509	a newspaper that is given away primarily to distribute
510	advertising.
511	(31)  "New town" means an urban activity center and
512	community designated on the future land use map of sufficient
513	size, population and land use composition to support a variety
514	of economic and social activities consistent with an urban area
515	designation. New towns shall include basic economic activities;
516	all major land use categories, with the possible exception of
517	agricultural and industrial; and a centrally provided full range
518	of public facilities and services that demonstrate internal trip
519	capture. A new town shall be based on a master development plan.
520	(32)  "Objective" means a specific, measurable,
521	intermediate end that is achievable and marks progress toward a
522	goal.
523	(33)(16)  "Parcel of land" means any quantity of land
524	capable of being described with such definiteness that its
525	locations and boundaries may be established, which is designated
526	by its owner or developer as land to be used, or developed as, a
527	unit or which has been used or developed as a unit.
528	(34)(17)  "Person" means an individual, corporation,
529	governmental agency, business trust, estate, trust, partnership,
530	association, two or more persons having a joint or common
531	interest, or any other legal entity.
532	(35)  "Policy" means the way in which programs and
533	activities are conducted to achieve an identified goal.
534	(36)(28)  "Projects that promote public transportation"
535	means projects that directly affect the provisions of public
536	transit, including transit terminals, transit lines and routes,
537	separate lanes for the exclusive use of public transit services,
538	transit stops (shelters and stations), office buildings or
539	projects that include fixed-rail or transit terminals as part of
540	the building, and projects which are transit oriented and
541	designed to complement reasonably proximate planned or existing
542	public facilities.
543	(37)(24)  "Public facilities" means major capital
544	improvements, including, but not limited to, transportation,
545	sanitary sewer, solid waste, drainage, potable water,
546	educational, parks and recreational, and health systems and
547	facilities, and spoil disposal sites for maintenance dredging
548	located in the intracoastal waterways, except for spoil disposal
549	sites owned or used by ports listed in s. 403.021(9)(b).
550	(38)(18)  "Public notice" means notice as required by s.
551	125.66(2) for a county or by s. 166.041(3)(a) for a
552	municipality. The public notice procedures required in this part
553	are established as minimum public notice procedures.
554	(39)(19)  "Regional planning agency" means the council
555	created pursuant to chapter 186 agency designated by the state
556	land planning agency to exercise responsibilities under law in a
557	particular region of the state.
558	(40)  "Seasonal population" means part-time inhabitants who
559	use, or may be expected to use, public facilities or services,
560	but are not residents and includes tourists, migrant
561	farmworkers, and other short-term and long-term visitors.
562	(41)(31)  "Optional Sector plan" means the an optional
563	process authorized by s. 163.3245 in which one or more local
564	governments engage in long-term planning for a large area and by
565	agreement with the state land planning agency are allowed to
566	address regional development-of-regional-impact issues through
567	adoption of detailed specific area plans within the planning
568	area within certain designated geographic areas identified in
569	the local comprehensive plan as a means of fostering innovative
570	planning and development strategies in s. 163.3177(11)(a) and
571	(b), furthering the purposes of this part and part I of chapter
572	380, reducing overlapping data and analysis requirements,
573	protecting regionally significant resources and facilities, and
574	addressing extrajurisdictional impacts. The term includes an
575	optional sector plan that was adopted before the effective date
576	of this act.
577	(42)(20)  "State land planning agency" means the Department
578	of Community Affairs.
579	(43)(21)  "Structure" has the same meaning as in given it
580	by s. 380.031(19).
581	(44)  "Suitability" means the degree to which the existing
582	characteristics and limitations of land and water are compatible
583	with a proposed use or development.
584	(45)  "Transit-oriented development" means a project or
585	projects, in areas identified in a local government
586	comprehensive plan, that is or will be served by existing or
587	planned transit service. These designated areas shall be
588	compact, moderate to high density developments, of mixed-use
589	character, interconnected with other land uses, bicycle and
590	pedestrian friendly, and designed to support frequent transit
591	service operating through, collectively or separately, rail,
592	fixed guideway, streetcar, or bus systems on dedicated
593	facilities or available roadway connections.
594	(46)(30)  "Transportation corridor management" means the
595	coordination of the planning of designated future transportation
596	corridors with land use planning within and adjacent to the
597	corridor to promote orderly growth, to meet the concurrency
598	requirements of this chapter, and to maintain the integrity of
599	the corridor for transportation purposes.
600	(47)(27)  "Urban infill" means the development of vacant
601	parcels in otherwise built-up areas where public facilities such
602	as sewer systems, roads, schools, and recreation areas are
603	already in place and the average residential density is at least
604	five dwelling units per acre, the average nonresidential
605	intensity is at least a floor area ratio of 1.0 and vacant,
606	developable land does not constitute more than 10 percent of the
607	area.
608	(48)(26)  "Urban redevelopment" means demolition and
609	reconstruction or substantial renovation of existing buildings
610	or infrastructure within urban infill areas, existing urban
611	service areas, or community redevelopment areas created pursuant
612	to part III.
613	(49)(29)  "Urban service area" means built-up areas where
614	public facilities and services, including, but not limited to,
615	central water and sewer capacity and roads, are already in place
616	or are committed in the first 3 years of the capital improvement
617	schedule. In addition, for counties that qualify as dense urban
618	land areas under subsection (34), the nonrural area of a county
619	which has adopted into the county charter a rural area
620	designation or areas identified in the comprehensive plan as
621	urban service areas or urban growth boundaries on or before July
622	1, 2009, are also urban service areas under this definition.
623	(50)  "Urban sprawl" means a development pattern
624	characterized by low density, automobile-dependent development
625	with either a single use or multiple uses that are not
626	functionally related, requiring the extension of public
627	facilities and services in an inefficient manner, and failing to
628	provide a clear separation between urban and rural uses.
629	(32)  "Financial feasibility" means that sufficient
630	revenues are currently available or will be available from
631	committed funding sources for the first 3 years, or will be
632	available from committed or planned funding sources for years 4
633	and 5, of a 5-year capital improvement schedule for financing
634	capital improvements, such as ad valorem taxes, bonds, state and
635	federal funds, tax revenues, impact fees, and developer
636	contributions, which are adequate to fund the projected costs of
637	the capital improvements identified in the comprehensive plan
638	necessary to ensure that adopted level-of-service standards are
639	achieved and maintained within the period covered by the 5-year
640	schedule of capital improvements. A comprehensive plan shall be
641	deemed financially feasible for transportation and school
642	facilities throughout the planning period addressed by the
643	capital improvements schedule if it can be demonstrated that the
644	level-of-service standards will be achieved and maintained by
645	the end of the planning period even if in a particular year such
646	improvements are not concurrent as required by s. 163.3180.
647	(34)  "Dense urban land area" means:
648	(a)  A municipality that has an average of at least 1,000
649	people per square mile of land area and a minimum total
650	population of at least 5,000;
651	(b)  A county, including the municipalities located
652	therein, which has an average of at least 1,000 people per
653	square mile of land area; or
654	(c)  A county, including the municipalities located
655	therein, which has a population of at least 1 million.
656
657	The Office of Economic and Demographic Research within the
658	Legislature shall annually calculate the population and density
659	criteria needed to determine which jurisdictions qualify as
660	dense urban land areas by using the most recent land area data
661	from the decennial census conducted by the Bureau of the Census
662	of the United States Department of Commerce and the latest
663	available population estimates determined pursuant to s.
664	186.901. If any local government has had an annexation,
665	contraction, or new incorporation, the Office of Economic and
666	Demographic Research shall determine the population density
667	using the new jurisdictional boundaries as recorded in
668	accordance with s. 171.091. The Office of Economic and
669	Demographic Research shall submit to the state land planning
670	agency a list of jurisdictions that meet the total population
671	and density criteria necessary for designation as a dense urban
672	land area by July 1, 2009, and every year thereafter. The state
673	land planning agency shall publish the list of jurisdictions on
674	its Internet website within 7 days after the list is received.
675	The designation of jurisdictions that qualify or do not qualify
676	as a dense urban land area is effective upon publication on the
677	state land planning agency's Internet website.
678	Section 7.  Section 163.3167, Florida Statutes, is amended
679	to read:
680	163.3167  Scope of act.-
681	(1)  The several incorporated municipalities and counties
682	shall have power and responsibility:
683	(a)  To plan for their future development and growth.
684	(b)  To adopt and amend comprehensive plans, or elements or
685	portions thereof, to guide their future development and growth.
686	(c)  To implement adopted or amended comprehensive plans by
687	the adoption of appropriate land development regulations or
688	elements thereof.
689	(d)  To establish, support, and maintain administrative
690	instruments and procedures to carry out the provisions and
691	purposes of this act.
692
693	The powers and authority set out in this act may be employed by
694	municipalities and counties individually or jointly by mutual
695	agreement in accord with the provisions of this act and in such
696	combinations as their common interests may dictate and require.
697	(2)  Each local government shall maintain prepare a
698	comprehensive plan of the type and in the manner set out in this
699	part or prepare amendments to its existing comprehensive plan to
700	conform it to the requirements of this part and in the manner
701	set out in this part. In accordance with s. 163.3184, each local
702	government shall submit to the state land planning agency its
703	complete proposed comprehensive plan or its complete
704	comprehensive plan as proposed to be amended.
705	(3)  When a local government has not prepared all of the
706	required elements or has not amended its plan as required by
707	subsection (2), the regional planning agency having
708	responsibility for the area in which the local government lies
709	shall prepare and adopt by rule, pursuant to chapter 120, the
710	missing elements or adopt by rule amendments to the existing
711	plan in accordance with this act by July 1, 1989, or within 1
712	year after the dates specified or provided in subsection (2) and
713	the state land planning agency review schedule, whichever is
714	later. The regional planning agency shall provide at least 90
715	days' written notice to any local government whose plan it is
716	required by this subsection to prepare, prior to initiating the
717	planning process. At least 90 days before the adoption by the
718	regional planning agency of a comprehensive plan, or element or
719	portion thereof, pursuant to this subsection, the regional
720	planning agency shall transmit a copy of the proposed
721	comprehensive plan, or element or portion thereof, to the local
722	government and the state land planning agency for written
723	comment. The state land planning agency shall review and comment
724	on such plan, or element or portion thereof, in accordance with
725	s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
726	applicable to the regional planning agency as if it were a
727	governing body. Existing comprehensive plans shall remain in
728	effect until they are amended pursuant to subsection (2), this
729	subsection, s. 163.3187, or s. 163.3189.
730	(3)(4)  A municipality established after the effective date
731	of this act shall, within 1 year after incorporation, establish
732	a local planning agency, pursuant to s. 163.3174, and prepare
733	and adopt a comprehensive plan of the type and in the manner set
734	out in this act within 3 years after the date of such
735	incorporation. A county comprehensive plan shall be deemed
736	controlling until the municipality adopts a comprehensive plan
737	in accord with the provisions of this act. If, upon the
738	expiration of the 3-year time limit, the municipality has not
739	adopted a comprehensive plan, the regional planning agency shall
740	prepare and adopt a comprehensive plan for such municipality.
741	(4)(5)  Any comprehensive plan, or element or portion
742	thereof, adopted pursuant to the provisions of this act, which
743	but for its adoption after the deadlines established pursuant to
744	previous versions of this act would have been valid, shall be
745	valid.
746	(6)  When a regional planning agency is required to prepare
747	or amend a comprehensive plan, or element or portion thereof,
748	pursuant to subsections (3) and (4), the regional planning
749	agency and the local government may agree to a method of
750	compensating the regional planning agency for any verifiable,
751	direct costs incurred. If an agreement is not reached within 6
752	months after the date the regional planning agency assumes
753	planning responsibilities for the local government pursuant to
754	subsections (3) and (4) or by the time the plan or element, or
755	portion thereof, is completed, whichever is earlier, the
756	regional planning agency shall file invoices for verifiable,
757	direct costs involved with the governing body. Upon the failure
758	of the local government to pay such invoices within 90 days, the
759	regional planning agency may, upon filing proper vouchers with
760	the Chief Financial Officer, request payment by the Chief
761	Financial Officer from unencumbered revenue or other tax sharing
762	funds due such local government from the state for work actually
763	performed, and the Chief Financial Officer shall pay such
764	vouchers; however, the amount of such payment shall not exceed
765	50 percent of such funds due such local government in any one
766	year.
767	(7)  A local government that is being requested to pay
768	costs may seek an administrative hearing pursuant to ss. 120.569
769	and 120.57 to challenge the amount of costs and to determine if
770	the statutory prerequisites for payment have been complied with.
771	Final agency action shall be taken by the state land planning
772	agency. Payment shall be withheld as to disputed amounts until
773	proceedings under this subsection have been completed.
774	(5)(8)  Nothing in this act shall limit or modify the
775	rights of any person to complete any development that has been
776	authorized as a development of regional impact pursuant to
777	chapter 380 or who has been issued a final local development
778	order and development has commenced and is continuing in good
779	faith.
780	(6)(9)  The Reedy Creek Improvement District shall exercise
781	the authority of this part as it applies to municipalities,
782	consistent with the legislative act under which it was
783	established, for the total area under its jurisdiction.
784	(7)(10)  Nothing in this part shall supersede any provision
785	of ss. 341.8201-341.842.
786	(11)  Each local government is encouraged to articulate a
787	vision of the future physical appearance and qualities of its
788	community as a component of its local comprehensive plan. The
789	vision should be developed through a collaborative planning
790	process with meaningful public participation and shall be
791	adopted by the governing body of the jurisdiction. Neighboring
792	communities, especially those sharing natural resources or
793	physical or economic infrastructure, are encouraged to create
794	collective visions for greater-than-local areas. Such collective
795	visions shall apply in each city or county only to the extent
796	that each local government chooses to make them applicable. The
797	state land planning agency shall serve as a clearinghouse for
798	creating a community vision of the future and may utilize the
799	Growth Management Trust Fund, created by s. 186.911, to provide
800	grants to help pay the costs of local visioning programs. When a
801	local vision of the future has been created, a local government
802	should review its comprehensive plan, land development
803	regulations, and capital improvement program to ensure that
804	these instruments will help to move the community toward its
805	vision in a manner consistent with this act and with the state
806	comprehensive plan. A local or regional vision must be
807	consistent with the state vision, when adopted, and be
808	internally consistent with the local or regional plan of which
809	it is a component. The state land planning agency shall not
810	adopt minimum criteria for evaluating or judging the form or
811	content of a local or regional vision.
812	(8)(12)  An initiative or referendum process in regard to
813	any development order or in regard to any local comprehensive
814	plan amendment or map amendment that affects five or fewer
815	parcels of land is prohibited.
816	(9)(13)  Each local government shall address in its
817	comprehensive plan, as enumerated in this chapter, the water
818	supply sources necessary to meet and achieve the existing and
819	projected water use demand for the established planning period,
820	considering the applicable plan developed pursuant to s.
821	373.709.
822	(10)(14)(a)  If a local government grants a development
823	order pursuant to its adopted land development regulations and
824	the order is not the subject of a pending appeal and the
825	timeframe for filing an appeal has expired, the development
826	order may not be invalidated by a subsequent judicial
827	determination that such land development regulations, or any
828	portion thereof that is relevant to the development order, are
829	invalid because of a deficiency in the approval standards.
830	(b)  This subsection does not preclude or affect the timely
831	institution of any other remedy available at law or equity,
832	including a common law writ of certiorari proceeding pursuant to
833	Rule 9.190, Florida Rules of Appellate Procedure, or an original
834	proceeding pursuant to s. 163.3215, as applicable.
835	(c)  This subsection applies retroactively to any
836	development order granted on or after January 1, 2002.
837	Section 8.  Section 163.3168, Florida Statutes, is created
838	to read:
839	163.3168  Planning innovations and technical assistance.-
840	(1)  The Legislature recognizes the need for innovative
841	planning and development strategies to promote a diverse economy
842	and vibrant rural and urban communities, while protecting
843	environmentally sensitive areas. The Legislature further
844	recognizes the substantial advantages of innovative approaches
845	to development directed to meet the needs of urban, rural, and
846	suburban areas.
847	(2)  Local governments are encouraged to apply innovative
848	planning tools, including, but not limited to, visioning, sector
849	planning, and rural land stewardship area designations to
850	address future new development areas, urban service area
851	designations, urban growth boundaries, and mixed-use, high-
852	density development in urban areas.
853	(3)  The state land planning agency shall help communities
854	find creative solutions to fostering vibrant, healthy
855	communities, while protecting the functions of important state
856	resources and facilities. The state land planning agency and all
857	other appropriate state and regional agencies may use various
858	means to provide direct and indirect technical assistance within
859	available resources. If plan amendments may adversely impact
860	important state resources or facilities, upon request by the
861	local government, the state land planning agency shall
862	coordinate multi-agency assistance, if needed, in developing an
863	amendment to minimize impacts on such resources or facilities.
864	Section 9.  Subsection (4) of section 163.3171, Florida
865	Statutes, is amended to read:
866	163.3171  Areas of authority under this act.-
867	(4)  The state land planning agency and a Local governments
868	may government shall have the power to enter into agreements
869	with each other and to agree together to enter into agreements
870	with a landowner, developer, or governmental agency as may be
871	necessary or desirable to effectuate the provisions and purposes
872	of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
873	and 163.3248. It is the Legislature's intent that joint
874	agreements entered into under the authority of this section be
875	liberally, broadly, and flexibly construed to facilitate
876	intergovernmental cooperation between cities and counties and to
877	encourage planning in advance of jurisdictional changes. Joint
878	agreements, executed before or after the effective date of this
879	act, include, but are not limited to, agreements that
880	contemplate municipal adoption of plans or plan amendments for
881	lands in advance of annexation of such lands into the
882	municipality, and may permit municipalities and counties to
883	exercise nonexclusive extrajurisdictional authority within
884	incorporated and unincorporated areas. The state land planning
885	agency shall not have authority to interpret, invalidate, or
886	declare inoperative such joint agreements, and the validity of
887	joint agreements may not be a basis for finding plans or plan
888	amendments not in compliance pursuant to the provisions of
889	chapter law.
890	Section 10.  Subsection (1) of section 163.3174, Florida
891	Statutes, is amended to read:
892	163.3174  Local planning agency.-
893	(1)  The governing body of each local government,
894	individually or in combination as provided in s. 163.3171, shall
895	designate and by ordinance establish a "local planning agency,"
896	unless the agency is otherwise established by law.
897	Notwithstanding any special act to the contrary, all local
898	planning agencies or equivalent agencies that first review
899	rezoning and comprehensive plan amendments in each municipality
900	and county shall include a representative of the school district
901	appointed by the school board as a nonvoting member of the local
902	planning agency or equivalent agency to attend those meetings at
903	which the agency considers comprehensive plan amendments and
904	rezonings that would, if approved, increase residential density
905	on the property that is the subject of the application. However,
906	this subsection does not prevent the governing body of the local
907	government from granting voting status to the school board
908	member. The governing body may designate itself as the local
909	planning agency pursuant to this subsection with the addition of
910	a nonvoting school board representative. The governing body
911	shall notify the state land planning agency of the establishment
912	of its local planning agency. All local planning agencies shall
913	provide opportunities for involvement by applicable community
914	college boards, which may be accomplished by formal
915	representation, membership on technical advisory committees, or
916	other appropriate means. The local planning agency shall prepare
917	the comprehensive plan or plan amendment after hearings to be
918	held after public notice and shall make recommendations to the
919	governing body regarding the adoption or amendment of the plan.
920	The agency may be a local planning commission, the planning
921	department of the local government, or other instrumentality,
922	including a countywide planning entity established by special
923	act or a council of local government officials created pursuant
924	to s. 163.02, provided the composition of the council is fairly
925	representative of all the governing bodies in the county or
926	planning area; however:
927	(a)  If a joint planning entity is in existence on the
928	effective date of this act which authorizes the governing bodies
929	to adopt and enforce a land use plan effective throughout the
930	joint planning area, that entity shall be the agency for those
931	local governments until such time as the authority of the joint
932	planning entity is modified by law.
933	(b)  In the case of chartered counties, the planning
934	responsibility between the county and the several municipalities
935	therein shall be as stipulated in the charter.
936	Section 11.  Section 163.3177, Florida Statutes, is amended
937	to read:
938	163.3177  Required and optional elements of comprehensive
939	plan; studies and surveys.-
940	(1)  The comprehensive plan shall provide the consist of
941	materials in such descriptive form, written or graphic, as may
942	be appropriate to the prescription of principles, guidelines,
943	and standards, and strategies for the orderly and balanced
944	future economic, social, physical, environmental, and fiscal
945	development of the area that reflects community commitments to
946	implement the plan and its elements. These principles and
947	strategies shall guide future decisions in a consistent manner
948	and shall contain programs and activities to ensure
949	comprehensive plans are implemented. The sections of the
950	comprehensive plan containing the principles and strategies,
951	generally provided as goals, objectives, and policies, shall
952	describe how the local government's programs, activities, and
953	land development regulations will be initiated, modified, or
954	continued to implement the comprehensive plan in a consistent
955	manner. It is not the intent of this part to require the
956	inclusion of implementing regulations in the comprehensive plan
957	but rather to require identification of those programs,
958	activities, and land development regulations that will be part
959	of the strategy for implementing the comprehensive plan and the
960	principles that describe how the programs, activities, and land
961	development regulations will be carried out. The plan shall
962	establish meaningful and predictable standards for the use and
963	development of land and provide meaningful guidelines for the
964	content of more detailed land development and use regulations.
965	(a)  The comprehensive plan shall consist of elements as
966	described in this section, and may include optional elements.
967	(b)  A local government may include, as part of its adopted
968	plan, documents adopted by reference but not incorporated
969	verbatim into the plan. The adoption by reference must identify
970	the title and author of the document and indicate clearly what
971	provisions and edition of the document is being adopted.
972	(c)  The format of these principles and guidelines is at
973	the discretion of the local government, but typically is
974	expressed in goals, objectives, policies, and strategies.
975	(d)  Proposed elements shall identify procedures for
976	monitoring, evaluating, and appraising implementation of the
977	plan.
978	(e)  When a federal, state, or regional agency has
979	implemented a regulatory program, a local government is not
980	required to duplicate or exceed that regulatory program in its
981	local comprehensive plan.
982	(f)  All mandatory and optional elements of the
983	comprehensive plan and plan amendments shall be based upon a
984	justification by the local government that may include, but not
985	be limited to, surveys, studies, community goals and vision, and
986	other data available at the time of adoption of the
987	comprehensive plan or plan amendment. To be based on data means
988	to react to it in an appropriate way and to the extent necessary
989	indicated by the data available on that particular subject at
990	the time of adoption of the plan or plan amendment at issue.
991	1.  Surveys, studies, and data utilized in the preparation
992	of the comprehensive plan shall not be deemed a part of the
993	comprehensive plan unless adopted as a part of it. Copies of
994	such studies, surveys, data, and supporting documents shall be
995	made available for public inspection, and copies of such plans
996	shall be made available to the public upon payment of reasonable
997	charges for reproduction. Support data or summaries shall not be
998	subject to the compliance review process, but the comprehensive
999	plan must be clearly based on appropriate data. Support data or
1000	summaries may be used to aid in the determination of compliance
1001	and consistency.
1002	2.  Data must be taken from professionally accepted
1003	sources. The application of a methodology utilized in data
1004	collection or whether a particular methodology is professionally
1005	accepted may be evaluated. However, the evaluation shall not
1006	include whether one accepted methodology is better than another.
1007	Original data collection by local governments is not required.
1008	However, local governments may use original data so long as
1009	methodologies are professionally accepted.
1010	3.  The comprehensive plan shall be based upon resident and
1011	seasonal population estimates and projections, which shall
1012	either be those provided by the University of Florida's Bureau
1013	of Economic and Business Research or generated by the local
1014	government based upon a professionally acceptable methodology.
1015	The plan must be based on at least the minimum amount of land
1016	required to accommodate the medium projections of the University
1017	of Florida's Bureau of Economic and Business Research.
1018	(2)  Coordination of the several elements of the local
1019	comprehensive plan shall be a major objective of the planning
1020	process. The several elements of the comprehensive plan shall be
1021	consistent. Where data is relevant to several elements,
1022	consistent data shall be used, including population estimates
1023	and projections unless alternative data can be justified for a
1024	plan amendment through new supporting data and analysis. Each
1025	map depicting future conditions must reflect the principles,
1026	guidelines, and standards within all elements and each such map
1027	must be contained within the comprehensive plan, and the
1028	comprehensive plan shall be financially feasible. Financial
1029	feasibility shall be determined using professionally accepted
1030	methodologies and applies to the 5-year planning period, except
1031	in the case of a long-term transportation or school concurrency
1032	management system, in which case a 10-year or 15-year period
1033	applies.
1034	(3)(a)  The comprehensive plan shall contain a capital
1035	improvements element designed to consider the need for and the
1036	location of public facilities in order to encourage the
1037	efficient use of such facilities and set forth:
1038	1.  A component that outlines principles for construction,
1039	extension, or increase in capacity of public facilities, as well
1040	as a component that outlines principles for correcting existing
1041	public facility deficiencies, which are necessary to implement
1042	the comprehensive plan. The components shall cover at least a 5-
1043	year period.
1044	2.  Estimated public facility costs, including a
1045	delineation of when facilities will be needed, the general
1046	location of the facilities, and projected revenue sources to
1047	fund the facilities.
1048	3.  Standards to ensure the availability of public
1049	facilities and the adequacy of those facilities including
1050	acceptable levels of service.
1051	4.  Standards for the management of debt.
1052	4.5.  A schedule of capital improvements which includes any
1053	publicly funded projects of federal, state, or local government,
1054	and which may include privately funded projects for which the
1055	local government has no fiscal responsibility. Projects,
1056	necessary to ensure that any adopted level-of-service standards
1057	are achieved and maintained for the 5-year period must be
1058	identified as either funded or unfunded and given a level of
1059	priority for funding. For capital improvements that will be
1060	funded by the developer, financial feasibility shall be
1061	demonstrated by being guaranteed in an enforceable development
1062	agreement or interlocal agreement pursuant to paragraph (10)(h),
1063	or other enforceable agreement. These development agreements and
1064	interlocal agreements shall be reflected in the schedule of
1065	capital improvements if the capital improvement is necessary to
1066	serve development within the 5-year schedule. If the local
1067	government uses planned revenue sources that require referenda
1068	or other actions to secure the revenue source, the plan must, in
1069	the event the referenda are not passed or actions do not secure
1070	the planned revenue source, identify other existing revenue
1071	sources that will be used to fund the capital projects or
1072	otherwise amend the plan to ensure financial feasibility.
1073	5.6.  The schedule must include transportation improvements
1074	included in the applicable metropolitan planning organization's
1075	transportation improvement program adopted pursuant to s.
1076	339.175(8) to the extent that such improvements are relied upon
1077	to ensure concurrency and financial feasibility. The schedule
1078	must also be coordinated with the applicable metropolitan
1079	planning organization's long-range transportation plan adopted
1080	pursuant to s. 339.175(7).
1081	(b)1.  The capital improvements element must be reviewed by
1082	the local government on an annual basis. Modifications and
1083	modified as necessary in accordance with s. 163.3187 or s.
1084	163.3189 in order to update the maintain a financially feasible
1085	5-year capital improvement schedule of capital improvements.
1086	Corrections and modifications concerning costs; revenue sources;
1087	or acceptance of facilities pursuant to dedications which are
1088	consistent with the plan may be accomplished by ordinance and
1089	shall not be deemed to be amendments to the local comprehensive
1090	plan. A copy of the ordinance shall be transmitted to the state
1091	land planning agency. An amendment to the comprehensive plan is
1092	required to update the schedule on an annual basis or to
1093	eliminate, defer, or delay the construction for any facility
1094	listed in the 5-year schedule. All public facilities must be
1095	consistent with the capital improvements element. The annual
1096	update to the capital improvements element of the comprehensive
1097	plan need not comply with the financial feasibility requirement
1098	until December 1, 2011. Thereafter, a local government may not
1099	amend its future land use map, except for plan amendments to
1100	meet new requirements under this part and emergency amendments
1101	pursuant to s. 163.3187(1)(a), after December 1, 2011, and every
1102	year thereafter, unless and until the local government has
1103	adopted the annual update and it has been transmitted to the
1104	state land planning agency.
1105	2.  Capital improvements element amendments adopted after
1106	the effective date of this act shall require only a single
1107	public hearing before the governing board which shall be an
1108	adoption hearing as described in s. 163.3184(7). Such amendments
1109	are not subject to the requirements of s. 163.3184(3)-(6).
1110	(c)  If the local government does not adopt the required
1111	annual update to the schedule of capital improvements, the state
1112	land planning agency must notify the Administration Commission.
1113	A local government that has a demonstrated lack of commitment to
1114	meeting its obligations identified in the capital improvements
1115	element may be subject to sanctions by the Administration
1116	Commission pursuant to s. 163.3184(11).
1117	(d)  If a local government adopts a long-term concurrency
1118	management system pursuant to s. 163.3180(9), it must also adopt
1119	a long-term capital improvements schedule covering up to a 10-
1120	year or 15-year period, and must update the long-term schedule
1121	annually. The long-term schedule of capital improvements must be
1122	financially feasible.
1123	(e)  At the discretion of the local government and
1124	notwithstanding the requirements of this subsection, a
1125	comprehensive plan, as revised by an amendment to the plan's
1126	future land use map, shall be deemed to be financially feasible
1127	and to have achieved and maintained level-of-service standards
1128	as required by this section with respect to transportation
1129	facilities if the amendment to the future land use map is
1130	supported by a:
1131	1.  Condition in a development order for a development of
1132	regional impact or binding agreement that addresses
1133	proportionate-share mitigation consistent with s. 163.3180(12);
1134	or
1135	2.  Binding agreement addressing proportionate fair-share
1136	mitigation consistent with s. 163.3180(16)(f) and the property
1137	subject to the amendment to the future land use map is located
1138	within an area designated in a comprehensive plan for urban
1139	infill, urban redevelopment, downtown revitalization, urban
1140	infill and redevelopment, or an urban service area. The binding
1141	agreement must be based on the maximum amount of development
1142	identified by the future land use map amendment or as may be
1143	otherwise restricted through a special area plan policy or map
1144	notation in the comprehensive plan.
1145	(f)  A local government's comprehensive plan and plan
1146	amendments for land uses within all transportation concurrency
1147	exception areas that are designated and maintained in accordance
1148	with s. 163.3180(5) shall be deemed to meet the requirement to
1149	achieve and maintain level-of-service standards for
1150	transportation.
1151	(4)(a)  Coordination of the local comprehensive plan with
1152	the comprehensive plans of adjacent municipalities, the county,
1153	adjacent counties, or the region; with the appropriate water
1154	management district's regional water supply plans approved
1155	pursuant to s. 373.709; and with adopted rules pertaining to
1156	designated areas of critical state concern; and with the state
1157	comprehensive plan shall be a major objective of the local
1158	comprehensive planning process. To that end, in the preparation
1159	of a comprehensive plan or element thereof, and in the
1160	comprehensive plan or element as adopted, the governing body
1161	shall include a specific policy statement indicating the
1162	relationship of the proposed development of the area to the
1163	comprehensive plans of adjacent municipalities, the county,
1164	adjacent counties, or the region and to the state comprehensive
1165	plan, as the case may require and as such adopted plans or plans
1166	in preparation may exist.
1167	(b)  When all or a portion of the land in a local
1168	government jurisdiction is or becomes part of a designated area
1169	of critical state concern, the local government shall clearly
1170	identify those portions of the local comprehensive plan that
1171	shall be applicable to the critical area and shall indicate the
1172	relationship of the proposed development of the area to the
1173	rules for the area of critical state concern.
1174	(5)(a)  Each local government comprehensive plan must
1175	include at least two planning periods, one covering at least the
1176	first 5-year period occurring after the plan's adoption and one
1177	covering at least a 10-year period. Additional planning periods
1178	for specific components, elements, land use amendments, or
1179	projects shall be permissible and accepted as part of the
1180	planning process.
1181	(b)  The comprehensive plan and its elements shall contain
1182	guidelines or policies policy recommendations for the
1183	implementation of the plan and its elements.
1184	(6)  In addition to the requirements of subsections (1)-(5)
1185	and (12), the comprehensive plan shall include the following
1186	elements:
1187	(a)  A future land use plan element designating proposed
1188	future general distribution, location, and extent of the uses of
1189	land for residential uses, commercial uses, industry,
1190	agriculture, recreation, conservation, education, public
1191	buildings and grounds, other public facilities, and other
1192	categories of the public and private uses of land. The
1193	approximate acreage and the general range of density or
1194	intensity of use shall be provided for the gross land area
1195	included in each existing land use category. The element shall
1196	establish the long-term end toward which land use programs and
1197	activities are ultimately directed. Counties are encouraged to
1198	designate rural land stewardship areas, pursuant to paragraph
1199	(11)(d), as overlays on the future land use map.
1200	1.  Each future land use category must be defined in terms
1201	of uses included, and must include standards to be followed in
1202	the control and distribution of population densities and
1203	building and structure intensities. The proposed distribution,
1204	location, and extent of the various categories of land use shall
1205	be shown on a land use map or map series which shall be
1206	supplemented by goals, policies, and measurable objectives.
1207	2.  The future land use plan and plan amendments shall be
1208	based upon surveys, studies, and data regarding the area, as
1209	applicable, including:
1210	a.  The amount of land required to accommodate anticipated
1211	growth.;
1212	b.  The projected residential and seasonal population of
1213	the area.;
1214	c.  The character of undeveloped land.;
1215	d.  The availability of water supplies, public facilities,
1216	and services.;
1217	e.  The need for redevelopment, including the renewal of
1218	blighted areas and the elimination of nonconforming uses which
1219	are inconsistent with the character of the community.;
1220	f.  The compatibility of uses on lands adjacent to or
1221	closely proximate to military installations.;
1222	g.  The compatibility of uses on lands adjacent to an
1223	airport as defined in s. 330.35 and consistent with s. 333.02.;
1224	h.  The discouragement of urban sprawl.; energy-efficient
1225	land use patterns accounting for existing and future electric
1226	power generation and transmission systems; greenhouse gas
1227	reduction strategies; and, in rural communities,
1228	i.  The need for job creation, capital investment, and
1229	economic development that will strengthen and diversify the
1230	community's economy.
1231	j.  The need to modify land uses and development patterns
1232	within antiquated subdivisions. The future land use plan may
1233	designate areas for future planned development use involving
1234	combinations of types of uses for which special regulations may
1235	be necessary to ensure development in accord with the principles
1236	and standards of the comprehensive plan and this act.
1237	3.  The future land use plan element shall include criteria
1238	to be used to:
1239	a.  Achieve the compatibility of lands adjacent or closely
1240	proximate to military installations, considering factors
1241	identified in s. 163.3175(5)., and
1242	b.  Achieve the compatibility of lands adjacent to an
1243	airport as defined in s. 330.35 and consistent with s. 333.02.
1244	c.  Encourage preservation of recreational and commercial
1245	working waterfronts for water dependent uses in coastal
1246	communities.
1247	d.  Encourage the location of schools proximate to urban
1248	residential areas to the extent possible.
1249	e.  Coordinate future land uses with the topography and
1250	soil conditions, and the availability of facilities and
1251	services.
1252	f.  Ensure the protection of natural and historic
1253	resources.
1254	g.  Provide for the compatibility of adjacent land uses.
1255	h.  Provide guidelines for the implementation of mixed use
1256	development including the types of uses allowed, the percentage
1257	distribution among the mix of uses, or other standards, and the
1258	density and intensity of each use.
1259	4.  In addition, for rural communities, The amount of land
1260	designated for future planned uses industrial use shall provide
1261	a balance of uses that foster vibrant, viable communities and
1262	economic development opportunities and address outdated
1263	development patterns, such as antiquated subdivisions. The
1264	amount of land designated for future land uses should allow the
1265	operation of real estate markets to provide adequate choices for
1266	permanent and seasonal residents and business and be based upon
1267	surveys and studies that reflect the need for job creation,
1268	capital investment, and the necessity to strengthen and
1269	diversify the local economies, and may not be limited solely by
1270	the projected population of the rural community. The element
1271	shall accommodate at least the minimum amount of land required
1272	to accommodate the medium projections of the University of
1273	Florida's Bureau of Economic and Business Research.
1274	5.  The future land use plan of a county may also designate
1275	areas for possible future municipal incorporation.
1276	6.  The land use maps or map series shall generally
1277	identify and depict historic district boundaries and shall
1278	designate historically significant properties meriting
1279	protection. For coastal counties, the future land use element
1280	must include, without limitation, regulatory incentives and
1281	criteria that encourage the preservation of recreational and
1282	commercial working waterfronts as defined in s. 342.07.
1283	7.  The future land use element must clearly identify the
1284	land use categories in which public schools are an allowable
1285	use. When delineating the land use categories in which public
1286	schools are an allowable use, a local government shall include
1287	in the categories sufficient land proximate to residential
1288	development to meet the projected needs for schools in
1289	coordination with public school boards and may establish
1290	differing criteria for schools of different type or size. Each
1291	local government shall include lands contiguous to existing
1292	school sites, to the maximum extent possible, within the land
1293	use categories in which public schools are an allowable use. The
1294	failure by a local government to comply with these school siting
1295	requirements will result in the prohibition of the local
1296	government's ability to amend the local comprehensive plan,
1297	except for plan amendments described in s. 163.3187(1)(b), until
1298	the school siting requirements are met. Amendments proposed by a
1299	local government for purposes of identifying the land use
1300	categories in which public schools are an allowable use are
1301	exempt from the limitation on the frequency of plan amendments
1302	contained in s. 163.3187. The future land use element shall
1303	include criteria that encourage the location of schools
1304	proximate to urban residential areas to the extent possible and
1305	shall require that the local government seek to collocate public
1306	facilities, such as parks, libraries, and community centers,
1307	with schools to the extent possible and to encourage the use of
1308	elementary schools as focal points for neighborhoods. For
1309	schools serving predominantly rural counties, defined as a
1310	county with a population of 100,000 or fewer, an agricultural
1311	land use category is eligible for the location of public school
1312	facilities if the local comprehensive plan contains school
1313	siting criteria and the location is consistent with such
1314	criteria.
1315	8.  Future land use map amendments shall be based upon the
1316	following analyses:
1317	a.  An analysis of the availability of facilities and
1318	services.
1319	b.  An analysis of the suitability of the plan amendment
1320	for its proposed use considering the character of the
1321	undeveloped land, soils, topography, natural resources, and
1322	historic resources on site.
1323	c.  An analysis of the minimum amount of land needed as
1324	determined by the local government.
1325	9.  The future land use element and any amendment to the
1326	future land use element shall discourage the proliferation of
1327	urban sprawl.
1328	a.  The primary indicators that a plan or plan amendment
1329	does not discourage the proliferation of urban sprawl are listed
1330	below. The evaluation of the presence of these indicators shall
1331	consist of an analysis of the plan or plan amendment within the
1332	context of features and characteristics unique to each locality
1333	in order to determine whether the plan or plan amendment:
1334	(I)  Promotes, allows, or designates for development
1335	substantial areas of the jurisdiction to develop as low-
1336	intensity, low-density, or single-use development or uses.
1337	(II)  Promotes, allows, or designates significant amounts
1338	of urban development to occur in rural areas at substantial
1339	distances from existing urban areas while not using undeveloped
1340	lands that are available and suitable for development.
1341	(III)  Promotes, allows, or designates urban development in
1342	radial, strip, isolated, or ribbon patterns generally emanating
1343	from existing urban developments.
1344	(IV)  Fails to adequately protect and conserve natural
1345	resources, such as wetlands, floodplains, native vegetation,
1346	environmentally sensitive areas, natural groundwater aquifer
1347	recharge areas, lakes, rivers, shorelines, beaches, bays,
1348	estuarine systems, and other significant natural systems.
1349	(V)  Fails to adequately protect adjacent agricultural
1350	areas and activities, including silviculture, active
1351	agricultural and silvicultural activities, passive agricultural
1352	activities, and dormant, unique, and prime farmlands and soils.
1353	(VI)  Fails to maximize use of existing public facilities
1354	and services.
1355	(VII)  Fails to maximize use of future public facilities
1356	and services.
1357	(VIII)  Allows for land use patterns or timing which
1358	disproportionately increase the cost in time, money, and energy
1359	of providing and maintaining facilities and services, including
1360	roads, potable water, sanitary sewer, stormwater management, law
1361	enforcement, education, health care, fire and emergency
1362	response, and general government.
1363	(IX)  Fails to provide a clear separation between rural and
1364	urban uses.
1365	(X)  Discourages or inhibits infill development or the
1366	redevelopment of existing neighborhoods and communities.
1367	(XI)  Fails to encourage a functional mix of uses.
1368	(XII)  Results in poor accessibility among linked or
1369	related land uses.
1370	(XIII)  Results in the loss of significant amounts of
1371	functional open space.
1372	b.  The future land use element or plan amendment shall be
1373	determined to discourage the proliferation of urban sprawl if it
1374	incorporates a development pattern or urban form that achieves
1375	four or more of the following:
1376	(I)  Directs or locates economic growth and associated land
1377	development to geographic areas of the community in a manner
1378	that does not have an adverse impact on and protects natural
1379	resources and ecosystems.
1380	(II)  Promotes the efficient and cost-effective provision
1381	or extension of public infrastructure and services.
1382	(III)  Promotes walkable and connected communities and
1383	provides for compact development and a mix of uses at densities
1384	and intensities that will support a range of housing choices and
1385	a multimodal transportation system, including pedestrian,
1386	bicycle, and transit, if available.
1387	(IV)  Promotes conservation of water and energy.
1388	(V)  Preserves agricultural areas and activities, including
1389	silviculture, and dormant, unique, and prime farmlands and
1390	soils.
1391	(VI)  Preserves open space and natural lands and provides
1392	for public open space and recreation needs.
1393	(VII)  Creates a balance of land uses based upon demands of
1394	residential population for the nonresidential needs of an area.
1395	(VIII)  Provides uses, densities, and intensities of use
1396	and urban form that would remediate an existing or planned
1397	development pattern in the vicinity that constitutes sprawl or
1398	if it provides for an innovative development pattern such as
1399	transit-oriented developments or new towns as defined in s.
1400	163.3164.
1401	10.  The future land use element shall include a future
1402	land use map or map series.
1403	a.  The proposed distribution, extent, and location of the
1404	following uses shall be shown on the future land use map or map
1405	series:
1406	(I)  Residential.
1407	(II)  Commercial.
1408	(III)  Industrial.
1409	(IV)  Agricultural.
1410	(V)  Recreational.
1411	(VI)  Conservation.
1412	(VII)  Educational.
1413	(VIII)  Public.
1414	b.  The following areas shall also be shown on the future
1415	land use map or map series, if applicable:
1416	(I)  Historic district boundaries and designated
1417	historically significant properties.
1418	(II)  Transportation concurrency management area boundaries
1419	or transportation concurrency exception area boundaries.
1420	(III)  Multimodal transportation district boundaries.
1421	(IV)  Mixed use categories.
1422	c.  The following natural resources or conditions shall be
1423	shown on the future land use map or map series, if applicable:
1424	(I)  Existing and planned public potable waterwells, cones
1425	of influence, and wellhead protection areas.
1426	(II)  Beaches and shores, including estuarine systems.
1427	(III)  Rivers, bays, lakes, floodplains, and harbors.
1428	(IV)  Wetlands.
1429	(V)  Minerals and soils.
1430	(VI)  Coastal high hazard areas.
1431	11.  Local governments required to update or amend their
1432	comprehensive plan to include criteria and address compatibility
1433	of lands adjacent or closely proximate to existing military
1434	installations, or lands adjacent to an airport as defined in s.
1435	330.35 and consistent with s. 333.02, in their future land use
1436	plan element shall transmit the update or amendment to the state
1437	land planning agency by June 30, 2012.
1438	(b)1.  A transportation element addressing mobility issues
1439	in relationship to the size and character of the local
1440	government. The purpose of the transportation element shall be
1441	to plan for a multimodal transportation system that places
1442	emphasis on public transportation systems, where feasible. The
1443	element shall provide for a safe, convenient multimodal
1444	transportation system, coordinated with the future land use map
1445	or map series and designed to support all elements of the
1446	comprehensive plan. A local government that has all or part of
1447	its jurisdiction included within the metropolitan planning area
1448	of a metropolitan planning organization (M.P.O.) pursuant to s.
1449	339.175 shall prepare and adopt a transportation element
1450	consistent with this subsection. Local governments that are not
1451	located within the metropolitan planning area of an M.P.O. shall
1452	address traffic circulation, mass transit, and ports, and
1453	aviation and related facilities consistent with this subsection,
1454	except that local governments with a population of 50,000 or
1455	less shall only be required to address transportation
1456	circulation. The element shall be coordinated with the plans and
1457	programs of any applicable metropolitan planning organization,
1458	transportation authority, Florida Transportation Plan, and
1459	Department of Transportation's adopted work program. The
1460	transportation element shall address
1461	(b)  A traffic circulation, including element consisting of
1462	the types, locations, and extent of existing and proposed major
1463	thoroughfares and transportation routes, including bicycle and
1464	pedestrian ways. Transportation corridors, as defined in s.
1465	334.03, may be designated in the transportation traffic
1466	circulation element pursuant to s. 337.273. If the
1467	transportation corridors are designated, the local government
1468	may adopt a transportation corridor management ordinance. The
1469	element shall reflect the data, analysis, and associated
1470	principles and strategies relating to:
1471	a.  The existing transportation system levels of service
1472	and system needs and the availability of transportation
1473	facilities and services.
1474	b.  The growth trends and travel patterns and interactions
1475	between land use and transportation.
1476	c.  Existing and projected intermodal deficiencies and
1477	needs.
1478	d.  The projected transportation system levels of service
1479	and system needs based upon the future land use map and the
1480	projected integrated transportation system.
1481	e.  How the local government will correct existing facility
1482	deficiencies, meet the identified needs of the projected
1483	transportation system, and advance the purpose of this paragraph
1484	and the other elements of the comprehensive plan.
1485	2.  Local governments within a metropolitan planning area
1486	designated as an M.P.O. pursuant to s. 339.175 shall also
1487	address:
1488	a.  All alternative modes of travel, such as public
1489	transportation, pedestrian, and bicycle travel.
1490	b.  Aviation, rail, seaport facilities, access to those
1491	facilities, and intermodal terminals.
1492	c.  The capability to evacuate the coastal population
1493	before an impending natural disaster.
1494	d.  Airports, projected airport and aviation development,
1495	and land use compatibility around airports, which includes areas
1496	defined in ss. 333.01 and 333.02.
1497	e.  An identification of land use densities, building
1498	intensities, and transportation management programs to promote
1499	public transportation systems in designated public
1500	transportation corridors so as to encourage population densities
1501	sufficient to support such systems.
1502	3.  Mass-transit provisions showing proposed methods for
1503	the moving of people, rights-of-way, terminals, and related
1504	facilities shall address:
1505	a.  The provision of efficient public transit services
1506	based upon existing and proposed major trip generators and
1507	attractors, safe and convenient public transit terminals, land
1508	uses, and accommodation of the special needs of the
1509	transportation disadvantaged.
1510	b.  Plans for port, aviation, and related facilities
1511	coordinated with the general circulation and transportation
1512	element.
1513	c.  Plans for the circulation of recreational traffic,
1514	including bicycle facilities, exercise trails, riding
1515	facilities, and such other matters as may be related to the
1516	improvement and safety of movement of all types of recreational
1517	traffic.
1518	4.  An airport master plan, and any subsequent amendments
1519	to the airport master plan, prepared by a licensed publicly
1520	owned and operated airport under s. 333.06 may be incorporated
1521	into the local government comprehensive plan by the local
1522	government having jurisdiction under this act for the area in
1523	which the airport or projected airport development is located by
1524	the adoption of a comprehensive plan amendment. In the amendment
1525	to the local comprehensive plan that integrates the airport
1526	master plan, the comprehensive plan amendment shall address land
1527	use compatibility consistent with chapter 333 regarding airport
1528	zoning; the provision of regional transportation facilities for
1529	the efficient use and operation of the transportation system and
1530	airport; consistency with the local government transportation
1531	circulation element and applicable M.P.O. long-range
1532	transportation plans; the execution of any necessary interlocal
1533	agreements for the purposes of the provision of public
1534	facilities and services to maintain the adopted level-of-service
1535	standards for facilities subject to concurrency; and may address
1536	airport-related or aviation-related development. Development or
1537	expansion of an airport consistent with the adopted airport
1538	master plan that has been incorporated into the local
1539	comprehensive plan in compliance with this part, and airport-
1540	related or aviation-related development that has been addressed
1541	in the comprehensive plan amendment that incorporates the
1542	airport master plan, shall not be a development of regional
1543	impact. Notwithstanding any other general law, an airport that
1544	has received a development-of-regional-impact development order
1545	pursuant to s. 380.06, but which is no longer required to
1546	undergo development-of-regional-impact review pursuant to this
1547	subsection, may rescind its development-of-regional-impact order
1548	upon written notification to the applicable local government.
1549	Upon receipt by the local government, the development-of-
1550	regional-impact development order shall be deemed rescinded.
1551	5.  The transportation element shall include a map or map
1552	series showing the general location of the existing and proposed
1553	transportation system features and shall be coordinated with the
1554	future land use map or map series. The traffic circulation
1555	element shall incorporate transportation strategies to address
1556	reduction in greenhouse gas emissions from the transportation
1557	sector.
1558	(c)  A general sanitary sewer, solid waste, drainage,
1559	potable water, and natural groundwater aquifer recharge element
1560	correlated to principles and guidelines for future land use,
1561	indicating ways to provide for future potable water, drainage,
1562	sanitary sewer, solid waste, and aquifer recharge protection
1563	requirements for the area. The element may be a detailed
1564	engineering plan including a topographic map depicting areas of
1565	prime groundwater recharge.
1566	1.  Each local government shall address in the data and
1567	analyses required by this section those facilities that provide
1568	service within the local government's jurisdiction. Local
1569	governments that provide facilities to serve areas within other
1570	local government jurisdictions shall also address those
1571	facilities in the data and analyses required by this section,
1572	using data from the comprehensive plan for those areas for the
1573	purpose of projecting facility needs as required in this
1574	subsection. For shared facilities, each local government shall
1575	indicate the proportional capacity of the systems allocated to
1576	serve its jurisdiction.
1577	2.  The element shall describe the problems and needs and
1578	the general facilities that will be required for solution of the
1579	problems and needs, including correcting existing facility
1580	deficiencies. The element shall address coordinating the
1581	extension of, or increase in the capacity of, facilities to meet
1582	future needs while maximizing the use of existing facilities and
1583	discouraging urban sprawl; conservation of potable water
1584	resources; and protecting the functions of natural groundwater
1585	recharge areas and natural drainage features. The element shall
1586	also include a topographic map depicting any areas adopted by a
1587	regional water management district as prime groundwater recharge
1588	areas for the Floridan or Biscayne aquifers. These areas shall
1589	be given special consideration when the local government is
1590	engaged in zoning or considering future land use for said
1591	designated areas. For areas served by septic tanks, soil surveys
1592	shall be provided which indicate the suitability of soils for
1593	septic tanks.
1594	3.  Within 18 months after the governing board approves an
1595	updated regional water supply plan, the element must incorporate
1596	the alternative water supply project or projects selected by the
1597	local government from those identified in the regional water
1598	supply plan pursuant to s. 373.709(2)(a) or proposed by the
1599	local government under s. 373.709(8)(b). If a local government
1600	is located within two water management districts, the local
1601	government shall adopt its comprehensive plan amendment within
1602	18 months after the later updated regional water supply plan.
1603	The element must identify such alternative water supply projects
1604	and traditional water supply projects and conservation and reuse
1605	necessary to meet the water needs identified in s. 373.709(2)(a)
1606	within the local government's jurisdiction and include a work
1607	plan, covering at least a 10-year planning period, for building
1608	public, private, and regional water supply facilities, including
1609	development of alternative water supplies, which are identified
1610	in the element as necessary to serve existing and new
1611	development. The work plan shall be updated, at a minimum, every
1612	5 years within 18 months after the governing board of a water
1613	management district approves an updated regional water supply
1614	plan. Amendments to incorporate the work plan do not count
1615	toward the limitation on the frequency of adoption of amendments
1616	to the comprehensive plan. Local governments, public and private
1617	utilities, regional water supply authorities, special districts,
1618	and water management districts are encouraged to cooperatively
1619	plan for the development of multijurisdictional water supply
1620	facilities that are sufficient to meet projected demands for
1621	established planning periods, including the development of
1622	alternative water sources to supplement traditional sources of
1623	groundwater and surface water supplies.
1624	(d)  A conservation element for the conservation, use, and
1625	protection of natural resources in the area, including air,
1626	water, water recharge areas, wetlands, waterwells, estuarine
1627	marshes, soils, beaches, shores, flood plains, rivers, bays,
1628	lakes, harbors, forests, fisheries and wildlife, marine habitat,
1629	minerals, and other natural and environmental resources,
1630	including factors that affect energy conservation.
1631	1.  The following natural resources, where present within
1632	the local government's boundaries, shall be identified and
1633	analyzed and existing recreational or conservation uses, known
1634	pollution problems, including hazardous wastes, and the
1635	potential for conservation, recreation, use, or protection shall
1636	also be identified:
1637	a.  Rivers, bays, lakes, wetlands including estuarine
1638	marshes, groundwaters, and springs, including information on
1639	quality of the resource available.
1640	b.  Floodplains.
1641	c.  Known sources of commercially valuable minerals.
1642	d.  Areas known to have experienced soil erosion problems.
1643	e.  Areas that are the location of recreationally and
1644	commercially important fish or shellfish, wildlife, marine
1645	habitats, and vegetative communities, including forests,
1646	indicating known dominant species present and species listed by
1647	federal, state, or local government agencies as endangered,
1648	threatened, or species of special concern.
1649	2.  The element must contain principles, guidelines, and
1650	standards for conservation that provide long-term goals and
1651	which:
1652	a.  Protects air quality.
1653	b.  Conserves, appropriately uses, and protects the quality
1654	and quantity of current and projected water sources and waters
1655	that flow into estuarine waters or oceanic waters and protect
1656	from activities and land uses known to affect adversely the
1657	quality and quantity of identified water sources, including
1658	natural groundwater recharge areas, wellhead protection areas,
1659	and surface waters used as a source of public water supply.
1660	c.  Provides for the emergency conservation of water
1661	sources in accordance with the plans of the regional water
1662	management district.
1663	d.  Conserves, appropriately uses, and protects minerals,
1664	soils, and native vegetative communities, including forests,
1665	from destruction by development activities.
1666	e.  Conserves, appropriately uses, and protects fisheries,
1667	wildlife, wildlife habitat, and marine habitat and restricts
1668	activities known to adversely affect the survival of endangered
1669	and threatened wildlife.
1670	f.  Protects existing natural reservations identified in
1671	the recreation and open space element.
1672	g.  Maintains cooperation with adjacent local governments
1673	to conserve, appropriately use, or protect unique vegetative
1674	communities located within more than one local jurisdiction.
1675	h.  Designates environmentally sensitive lands for
1676	protection based on locally determined criteria which further
1677	the goals and objectives of the conservation element.
1678	i.  Manages hazardous waste to protect natural resources.
1679	j.  Protects and conserves wetlands and the natural
1680	functions of wetlands.
1681	k.  Directs future land uses that are incompatible with the
1682	protection and conservation of wetlands and wetland functions
1683	away from wetlands. The type, intensity or density, extent,
1684	distribution, and location of allowable land uses and the types,
1685	values, functions, sizes, conditions, and locations of wetlands
1686	are land use factors that shall be considered when directing
1687	incompatible land uses away from wetlands. Land uses shall be
1688	distributed in a manner that minimizes the effect and impact on
1689	wetlands. The protection and conservation of wetlands by the
1690	direction of incompatible land uses away from wetlands shall
1691	occur in combination with other principles, guidelines,
1692	standards, and strategies in the comprehensive plan. Where
1693	incompatible land uses are allowed to occur, mitigation shall be
1694	considered as one means to compensate for loss of wetlands
1695	functions.
1696	3.  Local governments shall assess their Current and, as
1697	well as projected, water needs and sources for at least a 10-
1698	year period based on the demands for industrial, agricultural,
1699	and potable water use and the quality and quantity of water
1700	available to meet these demands shall be analyzed.  The analysis
1701	shall consider the existing levels of water conservation, use,
1702	and protection and applicable policies of the regional water
1703	management district and further must consider, considering the
1704	appropriate regional water supply plan approved pursuant to s.
1705	373.709, or, in the absence of an approved regional water supply
1706	plan, the district water management plan approved pursuant to s.
1707	373.036(2). This information shall be submitted to the
1708	appropriate agencies. The land use map or map series contained
1709	in the future land use element shall generally identify and
1710	depict the following:
1711	1.  Existing and planned waterwells and cones of influence
1712	where applicable.
1713	2.  Beaches and shores, including estuarine systems.
1714	3.  Rivers, bays, lakes, flood plains, and harbors.
1715	4.  Wetlands.
1716	5.  Minerals and soils.
1717	6.  Energy conservation.
1718
1719	The land uses identified on such maps shall be consistent with
1720	applicable state law and rules.
1721	(e)  A recreation and open space element indicating a
1722	comprehensive system of public and private sites for recreation,
1723	including, but not limited to, natural reservations, parks and
1724	playgrounds, parkways, beaches and public access to beaches,
1725	open spaces, waterways, and other recreational facilities.
1726	(f)1.  A housing element consisting of standards, plans,
1727	and principles, guidelines, standards, and strategies to be
1728	followed in:
1729	a.  The provision of housing for all current and
1730	anticipated future residents of the jurisdiction.
1731	b.  The elimination of substandard dwelling conditions.
1732	c.  The structural and aesthetic improvement of existing
1733	housing.
1734	d.  The provision of adequate sites for future housing,
1735	including affordable workforce housing as defined in s.
1736	380.0651(3)(j), housing for low-income, very low-income, and
1737	moderate-income families, mobile homes, and group home
1738	facilities and foster care facilities, with supporting
1739	infrastructure and public facilities.
1740	e.  Provision for relocation housing and identification of
1741	historically significant and other housing for purposes of
1742	conservation, rehabilitation, or replacement.
1743	f.  The formulation of housing implementation programs.
1744	g.  The creation or preservation of affordable housing to
1745	minimize the need for additional local services and avoid the
1746	concentration of affordable housing units only in specific areas
1747	of the jurisdiction.
1748	h.  Energy efficiency in the design and construction of new
1749	housing.
1750	i.  Use of renewable energy resources.
1751	j.  Each county in which the gap between the buying power
1752	of a family of four and the median county home sale price
1753	exceeds $170,000, as determined by the Florida Housing Finance
1754	Corporation, and which is not designated as an area of critical
1755	state concern shall adopt a plan for ensuring affordable
1756	workforce housing. At a minimum, the plan shall identify
1757	adequate sites for such housing. For purposes of this sub-
1758	subparagraph, the term "workforce housing" means housing that is
1759	affordable to natural persons or families whose total household
1760	income does not exceed 140 percent of the area median income,
1761	adjusted for household size.
1762	k.  As a precondition to receiving any state affordable
1763	housing funding or allocation for any project or program within
1764	the jurisdiction of a county that is subject to sub-subparagraph
1765	j., a county must, by July 1 of each year, provide certification
1766	that the county has complied with the requirements of sub-
1767	subparagraph j.
1768	2.  The principles, guidelines, standards, and strategies
1769	goals, objectives, and policies of the housing element must be
1770	based on the data and analysis prepared on housing needs,
1771	including an inventory taken from the latest decennial United
1772	States Census or more recent estimates, which shall include the
1773	number and distribution of dwelling units by type, tenure, age,
1774	rent, value, monthly cost of owner-occupied units, and rent or
1775	cost to income ratio, and shall show the number of dwelling
1776	units that are substandard. The inventory shall also include the
1777	methodology used to estimate the condition of housing, a
1778	projection of the anticipated number of households by size,
1779	income range, and age of residents derived from the population
1780	projections, and the minimum housing need of the current and
1781	anticipated future residents of the jurisdiction the affordable
1782	housing needs assessment.
1783	3.  The housing element must express principles,
1784	guidelines, standards, and strategies that reflect, as needed,
1785	the creation and preservation of affordable housing for all
1786	current and anticipated future residents of the jurisdiction,
1787	elimination of substandard housing conditions, adequate sites,
1788	and distribution of housing for a range of incomes and types,
1789	including mobile and manufactured homes. The element must
1790	provide for specific programs and actions to partner with
1791	private and nonprofit sectors to address housing needs in the
1792	jurisdiction, streamline the permitting process, and minimize
1793	costs and delays for affordable housing, establish standards to
1794	address the quality of housing, stabilization of neighborhoods,
1795	and identification and improvement of historically significant
1796	housing.
1797	4.  State and federal housing plans prepared on behalf of
1798	the local government must be consistent with the goals,
1799	objectives, and policies of the housing element. Local
1800	governments are encouraged to use job training, job creation,
1801	and economic solutions to address a portion of their affordable
1802	housing concerns.
1803	2.  To assist local governments in housing data collection
1804	and analysis and assure uniform and consistent information
1805	regarding the state's housing needs, the state land planning
1806	agency shall conduct an affordable housing needs assessment for
1807	all local jurisdictions on a schedule that coordinates the
1808	implementation of the needs assessment with the evaluation and
1809	appraisal reports required by s. 163.3191. Each local government
1810	shall utilize the data and analysis from the needs assessment as
1811	one basis for the housing element of its local comprehensive
1812	plan. The agency shall allow a local government the option to
1813	perform its own needs assessment, if it uses the methodology
1814	established by the agency by rule.
1815	(g)1.  For those units of local government identified in s.
1816	380.24, a coastal management element, appropriately related to
1817	the particular requirements of paragraphs (d) and (e) and
1818	meeting the requirements of s. 163.3178(2) and (3). The coastal
1819	management element shall set forth the principles, guidelines,
1820	standards, and strategies policies that shall guide the local
1821	government's decisions and program implementation with respect
1822	to the following objectives:
1823	1.a.  Maintain, restore, and enhance Maintenance,
1824	restoration, and enhancement of the overall quality of the
1825	coastal zone environment, including, but not limited to, its
1826	amenities and aesthetic values.
1827	2.b.  Preserve the continued existence of viable
1828	populations of all species of wildlife and marine life.
1829	3.c.  Protect the orderly and balanced utilization and
1830	preservation, consistent with sound conservation principles, of
1831	all living and nonliving coastal zone resources.
1832	4.d.  Avoid Avoidance of irreversible and irretrievable
1833	loss of coastal zone resources.
1834	5.e.  Use ecological planning principles and assumptions to
1835	be used in the determination of the suitability and extent of
1836	permitted development.
1837	f.  Proposed management and regulatory techniques.
1838	6.g.  Limit Limitation of public expenditures that
1839	subsidize development in high-hazard coastal high-hazard areas.
1840	7.h.  Protect Protection of human life against the effects
1841	of natural disasters.
1842	8.i.  Direct the orderly development, maintenance, and use
1843	of ports identified in s. 403.021(9) to facilitate deepwater
1844	commercial navigation and other related activities.
1845	9.j.  Preserve historic and archaeological resources, which
1846	include the Preservation, including sensitive adaptive use of
1847	these historic and archaeological resources.
1848	2.  As part of this element, a local government that has a
1849	coastal management element in its comprehensive plan is
1850	encouraged to adopt recreational surface water use policies that
1851	include applicable criteria for and consider such factors as
1852	natural resources, manatee protection needs, protection of
1853	working waterfronts and public access to the water, and
1854	recreation and economic demands. Criteria for manatee protection
1855	in the recreational surface water use policies should reflect
1856	applicable guidance outlined in the Boat Facility Siting Guide
1857	prepared by the Fish and Wildlife Conservation Commission. If
1858	the local government elects to adopt recreational surface water
1859	use policies by comprehensive plan amendment, such comprehensive
1860	plan amendment is exempt from the provisions of s. 163.3187(1).
1861	Local governments that wish to adopt recreational surface water
1862	use policies may be eligible for assistance with the development
1863	of such policies through the Florida Coastal Management Program.
1864	The Office of Program Policy Analysis and Government
1865	Accountability shall submit a report on the adoption of
1866	recreational surface water use policies under this subparagraph
1867	to the President of the Senate, the Speaker of the House of
1868	Representatives, and the majority and minority leaders of the
1869	Senate and the House of Representatives no later than December
1870	1, 2010.
1871	(h)1.  An intergovernmental coordination element showing
1872	relationships and stating principles and guidelines to be used
1873	in coordinating the adopted comprehensive plan with the plans of
1874	school boards, regional water supply authorities, and other
1875	units of local government providing services but not having
1876	regulatory authority over the use of land, with the
1877	comprehensive plans of adjacent municipalities, the county,
1878	adjacent counties, or the region, with the state comprehensive
1879	plan and with the applicable regional water supply plan approved
1880	pursuant to s. 373.709, as the case may require and as such
1881	adopted plans or plans in preparation may exist. This element of
1882	the local comprehensive plan must demonstrate consideration of
1883	the particular effects of the local plan, when adopted, upon the
1884	development of adjacent municipalities, the county, adjacent
1885	counties, or the region, or upon the state comprehensive plan,
1886	as the case may require.
1887	a.  The intergovernmental coordination element must provide
1888	procedures for identifying and implementing joint planning
1889	areas, especially for the purpose of annexation, municipal
1890	incorporation, and joint infrastructure service areas.
1891	b.  The intergovernmental coordination element must provide
1892	for recognition of campus master plans prepared pursuant to s.
1893	1013.30 and airport master plans under paragraph (k).
1894	c.  The intergovernmental coordination element shall
1895	provide for a dispute resolution process, as established
1896	pursuant to s. 186.509, for bringing intergovernmental disputes
1897	to closure in a timely manner.
1898	c.d.  The intergovernmental coordination element shall
1899	provide for interlocal agreements as established pursuant to s.
1900	333.03(1)(b).
1901	2.  The intergovernmental coordination element shall also
1902	state principles and guidelines to be used in coordinating the
1903	adopted comprehensive plan with the plans of school boards and
1904	other units of local government providing facilities and
1905	services but not having regulatory authority over the use of
1906	land. In addition, the intergovernmental coordination element
1907	must describe joint processes for collaborative planning and
1908	decisionmaking on population projections and public school
1909	siting, the location and extension of public facilities subject
1910	to concurrency, and siting facilities with countywide
1911	significance, including locally unwanted land uses whose nature
1912	and identity are established in an agreement.
1913	3.  Within 1 year after adopting their intergovernmental
1914	coordination elements, each county, all the municipalities
1915	within that county, the district school board, and any unit of
1916	local government service providers in that county shall
1917	establish by interlocal or other formal agreement executed by
1918	all affected entities, the joint processes described in this
1919	subparagraph consistent with their adopted intergovernmental
1920	coordination elements. The element must:
1921	a.  Ensure that the local government addresses through
1922	coordination mechanisms the impacts of development proposed in
1923	the local comprehensive plan upon development in adjacent
1924	municipalities, the county, adjacent counties, the region, and
1925	the state. The area of concern for municipalities shall include
1926	adjacent municipalities, the county, and counties adjacent to
1927	the municipality. The area of concern for counties shall include
1928	all municipalities within the county, adjacent counties, and
1929	adjacent municipalities.
1930	b.  Ensure coordination in establishing level of service
1931	standards for public facilities with any state, regional, or
1932	local entity having operational and maintenance responsibility
1933	for such facilities.
1934	3.  To foster coordination between special districts and
1935	local general-purpose governments as local general-purpose
1936	governments implement local comprehensive plans, each
1937	independent special district must submit a public facilities
1938	report to the appropriate local government as required by s.
1939	189.415.
1940	4.  Local governments shall execute an interlocal agreement
1941	with the district school board, the county, and nonexempt
1942	municipalities pursuant to s. 163.31777. The local government
1943	shall amend the intergovernmental coordination element to ensure
1944	that coordination between the local government and school board
1945	is pursuant to the agreement and shall state the obligations of
1946	the local government under the agreement. Plan amendments that
1947	comply with this subparagraph are exempt from the provisions of
1948	s. 163.3187(1).
1949	5.  By January 1, 2004, any county having a population
1950	greater than 100,000, and the municipalities and special
1951	districts within that county, shall submit a report to the
1952	Department of Community Affairs which identifies:
1953	a.   All existing or proposed interlocal service delivery
1954	agreements relating to education; sanitary sewer; public safety;
1955	solid waste; drainage; potable water; parks and recreation; and
1956	transportation facilities.
1957	b.   Any deficits or duplication in the provision of
1958	services within its jurisdiction, whether capital or
1959	operational. Upon request, the Department of Community Affairs
1960	shall provide technical assistance to the local governments in
1961	identifying deficits or duplication.
1962	6.  Within 6 months after submission of the report, the
1963	Department of Community Affairs shall, through the appropriate
1964	regional planning council, coordinate a meeting of all local
1965	governments within the regional planning area to discuss the
1966	reports and potential strategies to remedy any identified
1967	deficiencies or duplications.
1968	7.  Each local government shall update its
1969	intergovernmental coordination element based upon the findings
1970	in the report submitted pursuant to subparagraph 5. The report
1971	may be used as supporting data and analysis for the
1972	intergovernmental coordination element.
1973	(i)  The optional elements of the comprehensive plan in
1974	paragraphs (7)(a) and (b) are required elements for those
1975	municipalities having populations greater than 50,000, and those
1976	counties having populations greater than 75,000, as determined
1977	under s. 186.901.
1978	(j)  For each unit of local government within an urbanized
1979	area designated for purposes of s. 339.175, a transportation
1980	element, which must be prepared and adopted in lieu of the
1981	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
1982	and (d) and which shall address the following issues:
1983	1.  Traffic circulation, including major thoroughfares and
1984	other routes, including bicycle and pedestrian ways.
1985	2.  All alternative modes of travel, such as public
1986	transportation, pedestrian, and bicycle travel.
1987	3.  Parking facilities.
1988	4.  Aviation, rail, seaport facilities, access to those
1989	facilities, and intermodal terminals.
1990	5.  The availability of facilities and services to serve
1991	existing land uses and the compatibility between future land use
1992	and transportation elements.
1993	6.  The capability to evacuate the coastal population prior
1994	to an impending natural disaster.
1995	7.  Airports, projected airport and aviation development,
1996	and land use compatibility around airports, which includes areas
1997	defined in ss. 333.01 and 333.02.
1998	8.  An identification of land use densities, building
1999	intensities, and transportation management programs to promote
2000	public transportation systems in designated public
2001	transportation corridors so as to encourage population densities
2002	sufficient to support such systems.
2003	9.  May include transportation corridors, as defined in s.
2004	334.03, intended for future transportation facilities designated
2005	pursuant to s. 337.273. If transportation corridors are
2006	designated, the local government may adopt a transportation
2007	corridor management ordinance.
2008	10.  The incorporation of transportation strategies to
2009	address reduction in greenhouse gas emissions from the
2010	transportation sector.
2011	(k)  An airport master plan, and any subsequent amendments
2012	to the airport master plan, prepared by a licensed publicly
2013	owned and operated airport under s. 333.06 may be incorporated
2014	into the local government comprehensive plan by the local
2015	government having jurisdiction under this act for the area in
2016	which the airport or projected airport development is located by
2017	the adoption of a comprehensive plan amendment. In the amendment
2018	to the local comprehensive plan that integrates the airport
2019	master plan, the comprehensive plan amendment shall address land
2020	use compatibility consistent with chapter 333 regarding airport
2021	zoning; the provision of regional transportation facilities for
2022	the efficient use and operation of the transportation system and
2023	airport; consistency with the local government transportation
2024	circulation element and applicable metropolitan planning
2025	organization long-range transportation plans; and the execution
2026	of any necessary interlocal agreements for the purposes of the
2027	provision of public facilities and services to maintain the
2028	adopted level-of-service standards for facilities subject to
2029	concurrency; and may address airport-related or aviation-related
2030	development. Development or expansion of an airport consistent
2031	with the adopted airport master plan that has been incorporated
2032	into the local comprehensive plan in compliance with this part,
2033	and airport-related or aviation-related development that has
2034	been addressed in the comprehensive plan amendment that
2035	incorporates the airport master plan, shall not be a development
2036	of regional impact. Notwithstanding any other general law, an
2037	airport that has received a development-of-regional-impact
2038	development order pursuant to s. 380.06, but which is no longer
2039	required to undergo development-of-regional-impact review
2040	pursuant to this subsection, may abandon its development-of-
2041	regional-impact order upon written notification to the
2042	applicable local government. Upon receipt by the local
2043	government, the development-of-regional-impact development order
2044	is void.
2045	(7)  The comprehensive plan may include the following
2046	additional elements, or portions or phases thereof:
2047	(a)  As a part of the circulation element of paragraph
2048	(6)(b) or as a separate element, a mass-transit element showing
2049	proposed methods for the moving of people, rights-of-way,
2050	terminals, related facilities, and fiscal considerations for the
2051	accomplishment of the element.
2052	(b)  As a part of the circulation element of paragraph
2053	(6)(b) or as a separate element, plans for port, aviation, and
2054	related facilities coordinated with the general circulation and
2055	transportation element.
2056	(c)  As a part of the circulation element of paragraph
2057	(6)(b) and in coordination with paragraph (6)(e), where
2058	applicable, a plan element for the circulation of recreational
2059	traffic, including bicycle facilities, exercise trails, riding
2060	facilities, and such other matters as may be related to the
2061	improvement and safety of movement of all types of recreational
2062	traffic.
2063	(d)  As a part of the circulation element of paragraph
2064	(6)(b) or as a separate element, a plan element for the
2065	development of offstreet parking facilities for motor vehicles
2066	and the fiscal considerations for the accomplishment of the
2067	element.
2068	(e)  A public buildings and related facilities element
2069	showing locations and arrangements of civic and community
2070	centers, public schools, hospitals, libraries, police and fire
2071	stations, and other public buildings. This plan element should
2072	show particularly how it is proposed to effect coordination with
2073	governmental units, such as school boards or hospital
2074	authorities, having public development and service
2075	responsibilities, capabilities, and potential but not having
2076	land development regulatory authority. This element may include
2077	plans for architecture and landscape treatment of their grounds.
2078	(f)  A recommended community design element which may
2079	consist of design recommendations for land subdivision,
2080	neighborhood development and redevelopment, design of open space
2081	locations, and similar matters to the end that such
2082	recommendations may be available as aids and guides to
2083	developers in the future planning and development of land in the
2084	area.
2085	(g)  A general area redevelopment element consisting of
2086	plans and programs for the redevelopment of slums and blighted
2087	locations in the area and for community redevelopment, including
2088	housing sites, business and industrial sites, public buildings
2089	sites, recreational facilities, and other purposes authorized by
2090	law.
2091	(h)  A safety element for the protection of residents and
2092	property of the area from fire, hurricane, or manmade or natural
2093	catastrophe, including such necessary features for protection as
2094	evacuation routes and their control in an emergency, water
2095	supply requirements, minimum road widths, clearances around and
2096	elevations of structures, and similar matters.
2097	(i)  An historical and scenic preservation element setting
2098	out plans and programs for those structures or lands in the area
2099	having historical, archaeological, architectural, scenic, or
2100	similar significance.
2101	(j)  An economic element setting forth principles and
2102	guidelines for the commercial and industrial development, if
2103	any, and the employment and personnel utilization within the
2104	area. The element may detail the type of commercial and
2105	industrial development sought, correlated to the present and
2106	projected employment needs of the area and to other elements of
2107	the plans, and may set forth methods by which a balanced and
2108	stable economic base will be pursued.
2109	(k)  Such other elements as may be peculiar to, and
2110	necessary for, the area concerned and as are added to the
2111	comprehensive plan by the governing body upon the recommendation
2112	of the local planning agency.
2113	(l)  Local governments that are not required to prepare
2114	coastal management elements under s. 163.3178 are encouraged to
2115	adopt hazard mitigation/postdisaster redevelopment plans. These
2116	plans should, at a minimum, establish long-term policies
2117	regarding redevelopment, infrastructure, densities,
2118	nonconforming uses, and future land use patterns. Grants to
2119	assist local governments in the preparation of these hazard
2120	mitigation/postdisaster redevelopment plans shall be available
2121	through the Emergency Management Preparedness and Assistance
2122	Account in the Grants and Donations Trust Fund administered by
2123	the department, if such account is created by law. The plans
2124	must be in compliance with the requirements of this act and
2125	chapter 252.
2126	(8)  All elements of the comprehensive plan, whether
2127	mandatory or optional, shall be based upon data appropriate to
2128	the element involved. Surveys and studies utilized in the
2129	preparation of the comprehensive plan shall not be deemed a part
2130	of the comprehensive plan unless adopted as a part of it. Copies
2131	of such studies, surveys, and supporting documents shall be made
2132	available to public inspection, and copies of such plans shall
2133	be made available to the public upon payment of reasonable
2134	charges for reproduction.
2135	(9)  The state land planning agency shall, by February 15,
2136	1986, adopt by rule minimum criteria for the review and
2137	determination of compliance of the local government
2138	comprehensive plan elements required by this act. Such rules
2139	shall not be subject to rule challenges under s. 120.56(2) or to
2140	drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2141	become effective only after they have been submitted to the
2142	President of the Senate and the Speaker of the House of
2143	Representatives for review by the Legislature no later than 30
2144	days prior to the next regular session of the Legislature. In
2145	its review the Legislature may reject, modify, or take no action
2146	relative to the rules. The agency shall conform the rules to the
2147	changes made by the Legislature, or, if no action was taken, the
2148	agency rules shall become effective. The rule shall include
2149	criteria for determining whether:
2150	(a)  Proposed elements are in compliance with the
2151	requirements of part II, as amended by this act.
2152	(b)  Other elements of the comprehensive plan are related
2153	to and consistent with each other.
2154	(c)  The local government comprehensive plan elements are
2155	consistent with the state comprehensive plan and the appropriate
2156	regional policy plan pursuant to s. 186.508.
2157	(d)  Certain bays, estuaries, and harbors that fall under
2158	the jurisdiction of more than one local government are managed
2159	in a consistent and coordinated manner in the case of local
2160	governments required to include a coastal management element in
2161	their comprehensive plans pursuant to paragraph (6)(g).
2162	(e)  Proposed elements identify the mechanisms and
2163	procedures for monitoring, evaluating, and appraising
2164	implementation of the plan. Specific measurable objectives are
2165	included to provide a basis for evaluating effectiveness as
2166	required by s. 163.3191.
2167	(f)  Proposed elements contain policies to guide future
2168	decisions in a consistent manner.
2169	(g)  Proposed elements contain programs and activities to
2170	ensure that comprehensive plans are implemented.
2171	(h)  Proposed elements identify the need for and the
2172	processes and procedures to ensure coordination of all
2173	development activities and services with other units of local
2174	government, regional planning agencies, water management
2175	districts, and state and federal agencies as appropriate.
2176
2177	The state land planning agency may adopt procedural rules that
2178	are consistent with this section and chapter 120 for the review
2179	of local government comprehensive plan elements required under
2180	this section. The state land planning agency shall provide model
2181	plans and ordinances and, upon request, other assistance to
2182	local governments in the adoption and implementation of their
2183	revised local government comprehensive plans. The review and
2184	comment provisions applicable prior to October 1, 1985, shall
2185	continue in effect until the criteria for review and
2186	determination are adopted pursuant to this subsection and the
2187	comprehensive plans required by s. 163.3167(2) are due.
2188	(10)  The Legislature recognizes the importance and
2189	significance of chapter 9J-5, Florida Administrative Code, the
2190	Minimum Criteria for Review of Local Government Comprehensive
2191	Plans and Determination of Compliance of the Department of
2192	Community Affairs that will be used to determine compliance of
2193	local comprehensive plans. The Legislature reserved unto itself
2194	the right to review chapter 9J-5, Florida Administrative Code,
2195	and to reject, modify, or take no action relative to this rule.
2196	Therefore, pursuant to subsection (9), the Legislature hereby
2197	has reviewed chapter 9J-5, Florida Administrative Code, and
2198	expresses the following legislative intent:
2199	(a)  The Legislature finds that in order for the department
2200	to review local comprehensive plans, it is necessary to define
2201	the term "consistency." Therefore, for the purpose of
2202	determining whether local comprehensive plans are consistent
2203	with the state comprehensive plan and the appropriate regional
2204	policy plan, a local plan shall be consistent with such plans if
2205	the local plan is "compatible with" and "furthers" such plans.
2206	The term "compatible with" means that the local plan is not in
2207	conflict with the state comprehensive plan or appropriate
2208	regional policy plan. The term "furthers" means to take action
2209	in the direction of realizing goals or policies of the state or
2210	regional plan. For the purposes of determining consistency of
2211	the local plan with the state comprehensive plan or the
2212	appropriate regional policy plan, the state or regional plan
2213	shall be construed as a whole and no specific goal and policy
2214	shall be construed or applied in isolation from the other goals
2215	and policies in the plans.
2216	(b)  Each local government shall review all the state
2217	comprehensive plan goals and policies and shall address in its
2218	comprehensive plan the goals and policies which are relevant to
2219	the circumstances or conditions in its jurisdiction. The
2220	decision regarding which particular state comprehensive plan
2221	goals and policies will be furthered by the expenditure of a
2222	local government's financial resources in any given year is a
2223	decision which rests solely within the discretion of the local
2224	government. Intergovernmental coordination, as set forth in
2225	paragraph (6)(h), shall be utilized to the extent required to
2226	carry out the provisions of chapter 9J-5, Florida Administrative
2227	Code.
2228	(c)  The Legislature declares that if any portion of
2229	chapter 9J-5, Florida Administrative Code, is found to be in
2230	conflict with this part, the appropriate statutory provision
2231	shall prevail.
2232	(d)  Chapter 9J-5, Florida Administrative Code, does not
2233	mandate the creation, limitation, or elimination of regulatory
2234	authority, nor does it authorize the adoption or require the
2235	repeal of any rules, criteria, or standards of any local,
2236	regional, or state agency.
2237	(e)  It is the Legislature's intent that support data or
2238	summaries thereof shall not be subject to the compliance review
2239	process, but the Legislature intends that goals and policies be
2240	clearly based on appropriate data. The department may utilize
2241	support data or summaries thereof to aid in its determination of
2242	compliance and consistency. The Legislature intends that the
2243	department may evaluate the application of a methodology
2244	utilized in data collection or whether a particular methodology
2245	is professionally accepted. However, the department shall not
2246	evaluate whether one accepted methodology is better than
2247	another. Chapter 9J-5, Florida Administrative Code, shall not be
2248	construed to require original data collection by local
2249	governments; however, Local governments are not to be
2250	discouraged from utilizing original data so long as
2251	methodologies are professionally accepted.
2252	(f)  The Legislature recognizes that under this section,
2253	local governments are charged with setting levels of service for
2254	public facilities in their comprehensive plans in accordance
2255	with which development orders and permits will be issued
2256	pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2257	the authority of state, regional, or local agencies as otherwise
2258	provided by law.
2259	(g)  Definitions contained in chapter 9J-5, Florida
2260	Administrative Code, are not intended to modify or amend the
2261	definitions utilized for purposes of other programs or rules or
2262	to establish or limit regulatory authority. Local governments
2263	may establish alternative definitions in local comprehensive
2264	plans, as long as such definitions accomplish the intent of this
2265	chapter, and chapter 9J-5, Florida Administrative Code.
2266	(h)  It is the intent of the Legislature that public
2267	facilities and services needed to support development shall be
2268	available concurrent with the impacts of such development in
2269	accordance with s. 163.3180. In meeting this intent, public
2270	facility and service availability shall be deemed sufficient if
2271	the public facilities and services for a development are phased,
2272	or the development is phased, so that the public facilities and
2273	those related services which are deemed necessary by the local
2274	government to operate the facilities necessitated by that
2275	development are available concurrent with the impacts of the
2276	development. The public facilities and services, unless already
2277	available, are to be consistent with the capital improvements
2278	element of the local comprehensive plan as required by paragraph
2279	(3)(a) or guaranteed in an enforceable development agreement.
2280	This shall include development agreements pursuant to this
2281	chapter or in an agreement or a development order issued
2282	pursuant to chapter 380. Nothing herein shall be construed to
2283	require a local government to address services in its capital
2284	improvements plan or to limit a local government's ability to
2285	address any service in its capital improvements plan that it
2286	deems necessary.
2287	(i)  The department shall take into account the factors
2288	delineated in rule 9J-5.002(2), Florida Administrative Code, as
2289	it provides assistance to local governments and applies the rule
2290	in specific situations with regard to the detail of the data and
2291	analysis required.
2292	(j)  Chapter 9J-5, Florida Administrative Code, has become
2293	effective pursuant to subsection (9). The Legislature hereby
2294	directs the department to adopt amendments as necessary which
2295	conform chapter 9J-5, Florida Administrative Code, with the
2296	requirements of this legislative intent by October 1, 1986.
2297	(k)  In order for local governments to prepare and adopt
2298	comprehensive plans with knowledge of the rules that are applied
2299	to determine consistency of the plans with this part, there
2300	should be no doubt as to the legal standing of chapter 9J-5,
2301	Florida Administrative Code, at the close of the 1986
2302	legislative session. Therefore, the Legislature declares that
2303	changes made to chapter 9J-5 before October 1, 1986, are not
2304	subject to rule challenges under s. 120.56(2), or to drawout
2305	proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2306	Florida Administrative Code, as amended, is subject to rule
2307	challenges under s. 120.56(3), as nothing herein indicates
2308	approval or disapproval of any portion of chapter 9J-5 not
2309	specifically addressed herein. Any amendments to chapter 9J-5,
2310	Florida Administrative Code, exclusive of the amendments adopted
2311	prior to October 1, 1986, pursuant to this act, shall be subject
2312	to the full chapter 120 process. All amendments shall have
2313	effective dates as provided in chapter 120 and submission to the
2314	President of the Senate and Speaker of the House of
2315	Representatives shall not be required.
2316	(l)  The state land planning agency shall consider land use
2317	compatibility issues in the vicinity of all airports in
2318	coordination with the Department of Transportation and adjacent
2319	to or in close proximity to all military installations in
2320	coordination with the Department of Defense.
2321	(11)(a)  The Legislature recognizes the need for innovative
2322	planning and development strategies which will address the
2323	anticipated demands of continued urbanization of Florida's
2324	coastal and other environmentally sensitive areas, and which
2325	will accommodate the development of less populated regions of
2326	the state which seek economic development and which have
2327	suitable land and water resources to accommodate growth in an
2328	environmentally acceptable manner. The Legislature further
2329	recognizes the substantial advantages of innovative approaches
2330	to development which may better serve to protect environmentally
2331	sensitive areas, maintain the economic viability of agricultural
2332	and other predominantly rural land uses, and provide for the
2333	cost-efficient delivery of public facilities and services.
2334	(b)  It is the intent of the Legislature that the local
2335	government comprehensive plans and plan amendments adopted
2336	pursuant to the provisions of this part provide for a planning
2337	process which allows for land use efficiencies within existing
2338	urban areas and which also allows for the conversion of rural
2339	lands to other uses, where appropriate and consistent with the
2340	other provisions of this part and the affected local
2341	comprehensive plans, through the application of innovative and
2342	flexible planning and development strategies and creative land
2343	use planning techniques, which may include, but not be limited
2344	to, urban villages, new towns, satellite communities, area-based
2345	allocations, clustering and open space provisions, mixed-use
2346	development, and sector planning.
2347	(c)  It is the further intent of the Legislature that local
2348	government comprehensive plans and implementing land development
2349	regulations shall provide strategies which maximize the use of
2350	existing facilities and services through redevelopment, urban
2351	infill development, and other strategies for urban
2352	revitalization.
2353	(d)1.  The department, in cooperation with the Department
2354	of Agriculture and Consumer Services, the Department of
2355	Environmental Protection, water management districts, and
2356	regional planning councils, shall provide assistance to local
2357	governments in the implementation of this paragraph and rule 9J-
2358	5.006(5)(l), Florida Administrative Code. Implementation of
2359	those provisions shall include a process by which the department
2360	may authorize local governments to designate all or portions of
2361	lands classified in the future land use element as predominantly
2362	agricultural, rural, open, open-rural, or a substantively
2363	equivalent land use, as a rural land stewardship area within
2364	which planning and economic incentives are applied to encourage
2365	the implementation of innovative and flexible planning and
2366	development strategies and creative land use planning
2367	techniques, including those contained herein and in rule 9J-
2368	5.006(5)(l), Florida Administrative Code. Assistance may
2369	include, but is not limited to:
2370	a.  Assistance from the Department of Environmental
2371	Protection and water management districts in creating the
2372	geographic information systems land cover database and aerial
2373	photogrammetry needed to prepare for a rural land stewardship
2374	area;
2375	b.  Support for local government implementation of rural
2376	land stewardship concepts by providing information and
2377	assistance to local governments regarding land acquisition
2378	programs that may be used by the local government or landowners
2379	to leverage the protection of greater acreage and maximize the
2380	effectiveness of rural land stewardship areas; and
2381	c.  Expansion of the role of the Department of Community
2382	Affairs as a resource agency to facilitate establishment of
2383	rural land stewardship areas in smaller rural counties that do
2384	not have the staff or planning budgets to create a rural land
2385	stewardship area.
2386	2.  The department shall encourage participation by local
2387	governments of different sizes and rural characteristics in
2388	establishing and implementing rural land stewardship areas. It
2389	is the intent of the Legislature that rural land stewardship
2390	areas be used to further the following broad principles of rural
2391	sustainability: restoration and maintenance of the economic
2392	value of rural land; control of urban sprawl; identification and
2393	protection of ecosystems, habitats, and natural resources;
2394	promotion of rural economic activity; maintenance of the
2395	viability of Florida's agricultural economy; and protection of
2396	the character of rural areas of Florida. Rural land stewardship
2397	areas may be multicounty in order to encourage coordinated
2398	regional stewardship planning.
2399	3.  A local government, in conjunction with a regional
2400	planning council, a stakeholder organization of private land
2401	owners, or another local government, shall notify the department
2402	in writing of its intent to designate a rural land stewardship
2403	area. The written notification shall describe the basis for the
2404	designation, including the extent to which the rural land
2405	stewardship area enhances rural land values, controls urban
2406	sprawl, provides necessary open space for agriculture and
2407	protection of the natural environment, promotes rural economic
2408	activity, and maintains rural character and the economic
2409	viability of agriculture.
2410	4.  A rural land stewardship area shall be not less than
2411	10,000 acres and shall be located outside of municipalities and
2412	established urban growth boundaries, and shall be designated by
2413	plan amendment. The plan amendment designating a rural land
2414	stewardship area shall be subject to review by the Department of
2415	Community Affairs pursuant to s. 163.3184 and shall provide for
2416	the following:
2417	a.  Criteria for the designation of receiving areas within
2418	rural land stewardship areas in which innovative planning and
2419	development strategies may be applied. Criteria shall at a
2420	minimum provide for the following: adequacy of suitable land to
2421	accommodate development so as to avoid conflict with
2422	environmentally sensitive areas, resources, and habitats;
2423	compatibility between and transition from higher density uses to
2424	lower intensity rural uses; the establishment of receiving area
2425	service boundaries which provide for a separation between
2426	receiving areas and other land uses within the rural land
2427	stewardship area through limitations on the extension of
2428	services; and connection of receiving areas with the rest of the
2429	rural land stewardship area using rural design and rural road
2430	corridors.
2431	b.  Goals, objectives, and policies setting forth the
2432	innovative planning and development strategies to be applied
2433	within rural land stewardship areas pursuant to the provisions
2434	of this section.
2435	c.  A process for the implementation of innovative planning
2436	and development strategies within the rural land stewardship
2437	area, including those described in this subsection and rule 9J-
2438	5.006(5)(l), Florida Administrative Code, which provide for a
2439	functional mix of land uses, including adequate available
2440	workforce housing, including low, very-low and moderate income
2441	housing for the development anticipated in the receiving area
2442	and which are applied through the adoption by the local
2443	government of zoning and land development regulations applicable
2444	to the rural land stewardship area.
2445	d.  A process which encourages visioning pursuant to s.
2446	163.3167(11) to ensure that innovative planning and development
2447	strategies comply with the provisions of this section.
2448	e.  The control of sprawl through the use of innovative
2449	strategies and creative land use techniques consistent with the
2450	provisions of this subsection and rule 9J-5.006(5)(l), Florida
2451	Administrative Code.
2452	5.  A receiving area shall be designated by the adoption of
2453	a land development regulation. Prior to the designation of a
2454	receiving area, the local government shall provide the
2455	Department of Community Affairs a period of 30 days in which to
2456	review a proposed receiving area for consistency with the rural
2457	land stewardship area plan amendment and to provide comments to
2458	the local government. At the time of designation of a
2459	stewardship receiving area, a listed species survey will be
2460	performed. If listed species occur on the receiving area site,
2461	the developer shall coordinate with each appropriate local,
2462	state, or federal agency to determine if adequate provisions
2463	have been made to protect those species in accordance with
2464	applicable regulations. In determining the adequacy of
2465	provisions for the protection of listed species and their
2466	habitats, the rural land stewardship area shall be considered as
2467	a whole, and the impacts to areas to be developed as receiving
2468	areas shall be considered together with the environmental
2469	benefits of areas protected as sending areas in fulfilling this
2470	criteria.
2471	6.  Upon the adoption of a plan amendment creating a rural
2472	land stewardship area, the local government shall, by ordinance,
2473	establish the methodology for the creation, conveyance, and use
2474	of transferable rural land use credits, otherwise referred to as
2475	stewardship credits, the application of which shall not
2476	constitute a right to develop land, nor increase density of
2477	land, except as provided by this section. The total amount of
2478	transferable rural land use credits within the rural land
2479	stewardship area must enable the realization of the long-term
2480	vision and goals for the 25-year or greater projected population
2481	of the rural land stewardship area, which may take into
2482	consideration the anticipated effect of the proposed receiving
2483	areas. Transferable rural land use credits are subject to the
2484	following limitations:
2485	a.  Transferable rural land use credits may only exist
2486	within a rural land stewardship area.
2487	b.  Transferable rural land use credits may only be used on
2488	lands designated as receiving areas and then solely for the
2489	purpose of implementing innovative planning and development
2490	strategies and creative land use planning techniques adopted by
2491	the local government pursuant to this section.
2492	c.  Transferable rural land use credits assigned to a
2493	parcel of land within a rural land stewardship area shall cease
2494	to exist if the parcel of land is removed from the rural land
2495	stewardship area by plan amendment.
2496	d.  Neither the creation of the rural land stewardship area
2497	by plan amendment nor the assignment of transferable rural land
2498	use credits by the local government shall operate to displace
2499	the underlying density of land uses assigned to a parcel of land
2500	within the rural land stewardship area; however, if transferable
2501	rural land use credits are transferred from a parcel for use
2502	within a designated receiving area, the underlying density
2503	assigned to the parcel of land shall cease to exist.
2504	e.  The underlying density on each parcel of land located
2505	within a rural land stewardship area shall not be increased or
2506	decreased by the local government, except as a result of the
2507	conveyance or use of transferable rural land use credits, as
2508	long as the parcel remains within the rural land stewardship
2509	area.
2510	f.  Transferable rural land use credits shall cease to
2511	exist on a parcel of land where the underlying density assigned
2512	to the parcel of land is utilized.
2513	g.  An increase in the density of use on a parcel of land
2514	located within a designated receiving area may occur only
2515	through the assignment or use of transferable rural land use
2516	credits and shall not require a plan amendment.
2517	h.  A change in the density of land use on parcels located
2518	within receiving areas shall be specified in a development order
2519	which reflects the total number of transferable rural land use
2520	credits assigned to the parcel of land and the infrastructure
2521	and support services necessary to provide for a functional mix
2522	of land uses corresponding to the plan of development.
2523	i.  Land within a rural land stewardship area may be
2524	removed from the rural land stewardship area through a plan
2525	amendment.
2526	j.  Transferable rural land use credits may be assigned at
2527	different ratios of credits per acre according to the natural
2528	resource or other beneficial use characteristics of the land and
2529	according to the land use remaining following the transfer of
2530	credits, with the highest number of credits per acre assigned to
2531	the most environmentally valuable land or, in locations where
2532	the retention of open space and agricultural land is a priority,
2533	to such lands.
2534	k.  The use or conveyance of transferable rural land use
2535	credits must be recorded in the public records of the county in
2536	which the property is located as a covenant or restrictive
2537	easement running with the land in favor of the county and either
2538	the Department of Environmental Protection, Department of
2539	Agriculture and Consumer Services, a water management district,
2540	or a recognized statewide land trust.
2541	7.  Owners of land within rural land stewardship areas
2542	should be provided incentives to enter into rural land
2543	stewardship agreements, pursuant to existing law and rules
2544	adopted thereto, with state agencies, water management
2545	districts, and local governments to achieve mutually agreed upon
2546	conservation objectives. Such incentives may include, but not be
2547	limited to, the following:
2548	a.  Opportunity to accumulate transferable mitigation
2549	credits.
2550	b.  Extended permit agreements.
2551	c.  Opportunities for recreational leases and ecotourism.
2552	d.  Payment for specified land management services on
2553	publicly owned land, or property under covenant or restricted
2554	easement in favor of a public entity.
2555	e.  Option agreements for sale to public entities or
2556	private land conservation entities, in either fee or easement,
2557	upon achievement of conservation objectives.
2558	8.  The department shall report to the Legislature on an
2559	annual basis on the results of implementation of rural land
2560	stewardship areas authorized by the department, including
2561	successes and failures in achieving the intent of the
2562	Legislature as expressed in this paragraph.
2563	(e)  The Legislature finds that mixed-use, high-density
2564	development is appropriate for urban infill and redevelopment
2565	areas. Mixed-use projects accommodate a variety of uses,
2566	including residential and commercial, and usually at higher
2567	densities that promote pedestrian-friendly, sustainable
2568	communities. The Legislature recognizes that mixed-use, high-
2569	density development improves the quality of life for residents
2570	and businesses in urban areas. The Legislature finds that mixed-
2571	use, high-density redevelopment and infill benefits residents by
2572	creating a livable community with alternative modes of
2573	transportation. Furthermore, the Legislature finds that local
2574	zoning ordinances often discourage mixed-use, high-density
2575	development in areas that are appropriate for urban infill and
2576	redevelopment. The Legislature intends to discourage single-use
2577	zoning in urban areas which often leads to lower-density, land-
2578	intensive development outside an urban service area. Therefore,
2579	the Department of Community Affairs shall provide technical
2580	assistance to local governments in order to encourage mixed-use,
2581	high-density urban infill and redevelopment projects.
2582	(f)  The Legislature finds that a program for the transfer
2583	of development rights is a useful tool to preserve historic
2584	buildings and create public open spaces in urban areas. A
2585	program for the transfer of development rights allows the
2586	transfer of density credits from historic properties and public
2587	open spaces to areas designated for high-density development.
2588	The Legislature recognizes that high-density development is
2589	integral to the success of many urban infill and redevelopment
2590	projects. The Legislature intends to encourage high-density
2591	urban infill and redevelopment while preserving historic
2592	structures and open spaces. Therefore, the Department of
2593	Community Affairs shall provide technical assistance to local
2594	governments in order to promote the transfer of development
2595	rights within urban areas for high-density infill and
2596	redevelopment projects.
2597	(g)  The implementation of this subsection shall be subject
2598	to the provisions of this chapter, chapters 186 and 187, and
2599	applicable agency rules.
2600	(h)  The department may adopt rules necessary to implement
2601	the provisions of this subsection.
2602	(12)  A public school facilities element adopted to
2603	implement a school concurrency program shall meet the
2604	requirements of this subsection. Each county and each
2605	municipality within the county, unless exempt or subject to a
2606	waiver, must adopt a public school facilities element that is
2607	consistent with those adopted by the other local governments
2608	within the county and enter the interlocal agreement pursuant to
2609	s. 163.31777.
2610	(a)  The state land planning agency may provide a waiver to
2611	a county and to the municipalities within the county if the
2612	capacity rate for all schools within the school district is no
2613	greater than 100 percent and the projected 5-year capital outlay
2614	full-time equivalent student growth rate is less than 10
2615	percent. The state land planning agency may allow for a
2616	projected 5-year capital outlay full-time equivalent student
2617	growth rate to exceed 10 percent when the projected 10-year
2618	capital outlay full-time equivalent student enrollment is less
2619	than 2,000 students and the capacity rate for all schools within
2620	the school district in the tenth year will not exceed the 100-
2621	percent limitation. The state land planning agency may allow for
2622	a single school to exceed the 100-percent limitation if it can
2623	be demonstrated that the capacity rate for that single school is
2624	not greater than 105 percent. In making this determination, the
2625	state land planning agency shall consider the following
2626	criteria:
2627	1.  Whether the exceedance is due to temporary
2628	circumstances;
2629	2.  Whether the projected 5-year capital outlay full time
2630	equivalent student growth rate for the school district is
2631	approaching the 10-percent threshold;
2632	3.  Whether one or more additional schools within the
2633	school district are at or approaching the 100-percent threshold;
2634	and
2635	4.  The adequacy of the data and analysis submitted to
2636	support the waiver request.
2637	(b)  A municipality in a nonexempt county is exempt if the
2638	municipality meets all of the following criteria for having no
2639	significant impact on school attendance:
2640	1.  The municipality has issued development orders for
2641	fewer than 50 residential dwelling units during the preceding 5
2642	years, or the municipality has generated fewer than 25
2643	additional public school students during the preceding 5 years.
2644	2.  The municipality has not annexed new land during the
2645	preceding 5 years in land use categories that permit residential
2646	uses that will affect school attendance rates.
2647	3.  The municipality has no public schools located within
2648	its boundaries.
2649	(c)  A public school facilities element shall be based upon
2650	data and analyses that address, among other items, how level-of-
2651	service standards will be achieved and maintained. Such data and
2652	analyses must include, at a minimum, such items as: the
2653	interlocal agreement adopted pursuant to s. 163.31777 and the 5-
2654	year school district facilities work program adopted pursuant to
2655	s. 1013.35; the educational plant survey prepared pursuant to s.
2656	1013.31 and an existing educational and ancillary plant map or
2657	map series; information on existing development and development
2658	anticipated for the next 5 years and the long-term planning
2659	period; an analysis of problems and opportunities for existing
2660	schools and schools anticipated in the future; an analysis of
2661	opportunities to collocate future schools with other public
2662	facilities such as parks, libraries, and community centers; an
2663	analysis of the need for supporting public facilities for
2664	existing and future schools; an analysis of opportunities to
2665	locate schools to serve as community focal points; projected
2666	future population and associated demographics, including
2667	development patterns year by year for the upcoming 5-year and
2668	long-term planning periods; and anticipated educational and
2669	ancillary plants with land area requirements.
2670	(d)  The element shall contain one or more goals which
2671	establish the long-term end toward which public school programs
2672	and activities are ultimately directed.
2673	(e)  The element shall contain one or more objectives for
2674	each goal, setting specific, measurable, intermediate ends that
2675	are achievable and mark progress toward the goal.
2676	(f)  The element shall contain one or more policies for
2677	each objective which establish the way in which programs and
2678	activities will be conducted to achieve an identified goal.
2679	(g)  The objectives and policies shall address items such
2680	as:
2681	1.  The procedure for an annual update process;
2682	2.  The procedure for school site selection;
2683	3.  The procedure for school permitting;
2684	4.  Provision for infrastructure necessary to support
2685	proposed schools, including potable water, wastewater, drainage,
2686	solid waste, transportation, and means by which to assure safe
2687	access to schools, including sidewalks, bicycle paths, turn
2688	lanes, and signalization;
2689	5.  Provision for colocation of other public facilities,
2690	such as parks, libraries, and community centers, in proximity to
2691	public schools;
2692	6.  Provision for location of schools proximate to
2693	residential areas and to complement patterns of development,
2694	including the location of future school sites so they serve as
2695	community focal points;
2696	7.  Measures to ensure compatibility of school sites and
2697	surrounding land uses;
2698	8.  Coordination with adjacent local governments and the
2699	school district on emergency preparedness issues, including the
2700	use of public schools to serve as emergency shelters; and
2701	9.  Coordination with the future land use element.
2702	(h)  The element shall include one or more future
2703	conditions maps which depict the anticipated location of
2704	educational and ancillary plants, including the general location
2705	of improvements to existing schools or new schools anticipated
2706	over the 5-year or long-term planning period. The maps will of
2707	necessity be general for the long-term planning period and more
2708	specific for the 5-year period. Maps indicating general
2709	locations of future schools or school improvements may not
2710	prescribe a land use on a particular parcel of land.
2711	(i)  The state land planning agency shall establish a
2712	phased schedule for adoption of the public school facilities
2713	element and the required updates to the public schools
2714	interlocal agreement pursuant to s. 163.31777. The schedule
2715	shall provide for each county and local government within the
2716	county to adopt the element and update to the agreement no later
2717	than December 1, 2008. Plan amendments to adopt a public school
2718	facilities element are exempt from the provisions of s.
2719	163.3187(1).
2720	(j)  The state land planning agency may issue a notice to
2721	the school board and the local government to show cause why
2722	sanctions should not be enforced for failure to enter into an
2723	approved interlocal agreement as required by s. 163.31777 or for
2724	failure to implement provisions relating to public school
2725	concurrency. If the state land planning agency finds that
2726	insufficient cause exists for the school board's or local
2727	government's failure to enter into an approved interlocal
2728	agreement as required by s. 163.31777 or for the school board's
2729	or local government's failure to implement the provisions
2730	relating to public school concurrency, the state land planning
2731	agency shall submit its finding to the Administration Commission
2732	which may impose on the local government any of the sanctions
2733	set forth in s. 163.3184(11)(a) and (b) and may impose on the
2734	district school board any of the sanctions set forth in s.
2735	1008.32(4).
2736	(13)  Local governments are encouraged to develop a
2737	community vision that provides for sustainable growth,
2738	recognizes its fiscal constraints, and protects its natural
2739	resources. At the request of a local government, the applicable
2740	regional planning council shall provide assistance in the
2741	development of a community vision.
2742	(a)  As part of the process of developing a community
2743	vision under this section, the local government must hold two
2744	public meetings with at least one of those meetings before the
2745	local planning agency. Before those public meetings, the local
2746	government must hold at least one public workshop with
2747	stakeholder groups such as neighborhood associations, community
2748	organizations, businesses, private property owners, housing and
2749	development interests, and environmental organizations.
2750	(b)  The local government must, at a minimum, discuss five
2751	of the following topics as part of the workshops and public
2752	meetings required under paragraph (a):
2753	1.  Future growth in the area using population forecasts
2754	from the Bureau of Economic and Business Research;
2755	2.  Priorities for economic development;
2756	3.  Preservation of open space, environmentally sensitive
2757	lands, and agricultural lands;
2758	4.  Appropriate areas and standards for mixed-use
2759	development;
2760	5.  Appropriate areas and standards for high-density
2761	commercial and residential development;
2762	6.  Appropriate areas and standards for economic
2763	development opportunities and employment centers;
2764	7.  Provisions for adequate workforce housing;
2765	8.  An efficient, interconnected multimodal transportation
2766	system; and
2767	9.  Opportunities to create land use patterns that
2768	accommodate the issues listed in subparagraphs 1.-8.
2769	(c)  As part of the workshops and public meetings, the
2770	local government must discuss strategies for addressing the
2771	topics discussed under paragraph (b), including:
2772	1.  Strategies to preserve open space and environmentally
2773	sensitive lands, and to encourage a healthy agricultural
2774	economy, including innovative planning and development
2775	strategies, such as the transfer of development rights;
2776	2.  Incentives for mixed-use development, including
2777	increased height and intensity standards for buildings that
2778	provide residential use in combination with office or commercial
2779	space;
2780	3.  Incentives for workforce housing;
2781	4.  Designation of an urban service boundary pursuant to
2782	subsection (2); and
2783	5.  Strategies to provide mobility within the community and
2784	to protect the Strategic Intermodal System, including the
2785	development of a transportation corridor management plan under
2786	s. 337.273.
2787	(d)  The community vision must reflect the community's
2788	shared concept for growth and development of the community,
2789	including visual representations depicting the desired land use
2790	patterns and character of the community during a 10-year
2791	planning timeframe. The community vision must also take into
2792	consideration economic viability of the vision and private
2793	property interests.
2794	(e)  After the workshops and public meetings required under
2795	paragraph (a) are held, the local government may amend its
2796	comprehensive plan to include the community vision as a
2797	component in the plan. This plan amendment must be transmitted
2798	and adopted pursuant to the procedures in ss. 163.3184 and
2799	163.3189 at public hearings of the governing body other than
2800	those identified in paragraph (a).
2801	(f)  Amendments submitted under this subsection are exempt
2802	from the limitation on the frequency of plan amendments in s.
2803	163.3187.
2804	(g)  A local government that has developed a community
2805	vision or completed a visioning process after July 1, 2000, and
2806	before July 1, 2005, which substantially accomplishes the goals
2807	set forth in this subsection and the appropriate goals,
2808	policies, or objectives have been adopted as part of the
2809	comprehensive plan or reflected in subsequently adopted land
2810	development regulations and the plan amendment incorporating the
2811	community vision as a component has been found in compliance is
2812	eligible for the incentives in s. 163.3184(17).
2813	(14)  Local governments are also encouraged to designate an
2814	urban service boundary. This area must be appropriate for
2815	compact, contiguous urban development within a 10-year planning
2816	timeframe. The urban service area boundary must be identified on
2817	the future land use map or map series. The local government
2818	shall demonstrate that the land included within the urban
2819	service boundary is served or is planned to be served with
2820	adequate public facilities and services based on the local
2821	government's adopted level-of-service standards by adopting a
2822	10-year facilities plan in the capital improvements element
2823	which is financially feasible. The local government shall
2824	demonstrate that the amount of land within the urban service
2825	boundary does not exceed the amount of land needed to
2826	accommodate the projected population growth at densities
2827	consistent with the adopted comprehensive plan within the 10-
2828	year planning timeframe.
2829	(a)  As part of the process of establishing an urban
2830	service boundary, the local government must hold two public
2831	meetings with at least one of those meetings before the local
2832	planning agency. Before those public meetings, the local
2833	government must hold at least one public workshop with
2834	stakeholder groups such as neighborhood associations, community
2835	organizations, businesses, private property owners, housing and
2836	development interests, and environmental organizations.
2837	(b)1.  After the workshops and public meetings required
2838	under paragraph (a) are held, the local government may amend its
2839	comprehensive plan to include the urban service boundary. This
2840	plan amendment must be transmitted and adopted pursuant to the
2841	procedures in ss. 163.3184 and 163.3189 at meetings of the
2842	governing body other than those required under paragraph (a).
2843	2.  This subsection does not prohibit new development
2844	outside an urban service boundary. However, a local government
2845	that establishes an urban service boundary under this subsection
2846	is encouraged to require a full-cost-accounting analysis for any
2847	new development outside the boundary and to consider the results
2848	of that analysis when adopting a plan amendment for property
2849	outside the established urban service boundary.
2850	(c)  Amendments submitted under this subsection are exempt
2851	from the limitation on the frequency of plan amendments in s.
2852	163.3187.
2853	(d)  A local government that has adopted an urban service
2854	boundary before July 1, 2005, which substantially accomplishes
2855	the goals set forth in this subsection is not required to comply
2856	with paragraph (a) or subparagraph 1. of paragraph (b) in order
2857	to be eligible for the incentives under s. 163.3184(17). In
2858	order to satisfy the provisions of this paragraph, the local
2859	government must secure a determination from the state land
2860	planning agency that the urban service boundary adopted before
2861	July 1, 2005, substantially complies with the criteria of this
2862	subsection, based on data and analysis submitted by the local
2863	government to support this determination. The determination by
2864	the state land planning agency is not subject to administrative
2865	challenge.
2866	(7)(15)(a)  The Legislature finds that:
2867	1.  There are a number of rural agricultural industrial
2868	centers in the state that process, produce, or aid in the
2869	production or distribution of a variety of agriculturally based
2870	products, including, but not limited to, fruits, vegetables,
2871	timber, and other crops, and juices, paper, and building
2872	materials. Rural agricultural industrial centers have a
2873	significant amount of existing associated infrastructure that is
2874	used for processing, producing, or distributing agricultural
2875	products.
2876	2.  Such rural agricultural industrial centers are often
2877	located within or near communities in which the economy is
2878	largely dependent upon agriculture and agriculturally based
2879	products. The centers significantly enhance the economy of such
2880	communities. However, these agriculturally based communities are
2881	often socioeconomically challenged and designated as rural areas
2882	of critical economic concern. If such rural agricultural
2883	industrial centers are lost and not replaced with other job-
2884	creating enterprises, the agriculturally based communities will
2885	lose a substantial amount of their economies.
2886	3.  The state has a compelling interest in preserving the
2887	viability of agriculture and protecting rural agricultural
2888	communities and the state from the economic upheaval that would
2889	result from short-term or long-term adverse changes in the
2890	agricultural economy. To protect these communities and promote
2891	viable agriculture for the long term, it is essential to
2892	encourage and permit diversification of existing rural
2893	agricultural industrial centers by providing for jobs that are
2894	not solely dependent upon, but are compatible with and
2895	complement, existing agricultural industrial operations and to
2896	encourage the creation and expansion of industries that use
2897	agricultural products in innovative ways. However, the expansion
2898	and diversification of these existing centers must be
2899	accomplished in a manner that does not promote urban sprawl into
2900	surrounding agricultural and rural areas.
2901	(b)  As used in this subsection, the term "rural
2902	agricultural industrial center" means a developed parcel of land
2903	in an unincorporated area on which there exists an operating
2904	agricultural industrial facility or facilities that employ at
2905	least 200 full-time employees in the aggregate and process and
2906	prepare for transport a farm product, as defined in s. 163.3162,
2907	or any biomass material that could be used, directly or
2908	indirectly, for the production of fuel, renewable energy,
2909	bioenergy, or alternative fuel as defined by law. The center may
2910	also include land contiguous to the facility site which is not
2911	used for the cultivation of crops, but on which other existing
2912	activities essential to the operation of such facility or
2913	facilities are located or conducted. The parcel of land must be
2914	located within, or within 10 miles of, a rural area of critical
2915	economic concern.
2916	(c)1.  A landowner whose land is located within a rural
2917	agricultural industrial center may apply for an amendment to the
2918	local government comprehensive plan for the purpose of
2919	designating and expanding the existing agricultural industrial
2920	uses of facilities located within the center or expanding the
2921	existing center to include industrial uses or facilities that
2922	are not dependent upon but are compatible with agriculture and
2923	the existing uses and facilities. A local government
2924	comprehensive plan amendment under this paragraph must:
2925	a.  Not increase the physical area of the existing rural
2926	agricultural industrial center by more than 50 percent or 320
2927	acres, whichever is greater.
2928	b.  Propose a project that would, upon completion, create
2929	at least 50 new full-time jobs.
2930	c.  Demonstrate that sufficient infrastructure capacity
2931	exists or will be provided to support the expanded center at the
2932	level-of-service standards adopted in the local government
2933	comprehensive plan.
2934	d.  Contain goals, objectives, and policies that will
2935	ensure that any adverse environmental impacts of the expanded
2936	center will be adequately addressed and mitigation implemented
2937	or demonstrate that the local government comprehensive plan
2938	contains such provisions.
2939	2.  Within 6 months after receiving an application as
2940	provided in this paragraph, the local government shall transmit
2941	the application to the state land planning agency for review
2942	pursuant to this chapter together with any needed amendments to
2943	the applicable sections of its comprehensive plan to include
2944	goals, objectives, and policies that provide for the expansion
2945	of rural agricultural industrial centers and discourage urban
2946	sprawl in the surrounding areas. Such goals, objectives, and
2947	policies must promote and be consistent with the findings in
2948	this subsection. An amendment that meets the requirements of
2949	this subsection is presumed not to be urban sprawl as defined in
2950	s. 163.3164 consistent with rule 9J-5.006(5), Florida
2951	Administrative Code. This presumption may be rebutted by a
2952	preponderance of the evidence.
2953	(d)  This subsection does not apply to an optional sector
2954	plan adopted pursuant to s. 163.3245, a rural land stewardship
2955	area designated pursuant to s. 163.3248 subsection (11), or any
2956	comprehensive plan amendment that includes an inland port
2957	terminal or affiliated port development.
2958	(e)  Nothing in this subsection shall be construed to
2959	confer the status of rural area of critical economic concern, or
2960	any of the rights or benefits derived from such status, on any
2961	land area not otherwise designated as such pursuant to s.
2962	288.0656(7).
2963	Section 12.  Section 163.31777, Florida Statutes, is
2964	amended to read:
2965	163.31777  Public schools interlocal agreement.-
2966	(1)(a)  The county and municipalities located within the
2967	geographic area of a school district shall enter into an
2968	interlocal agreement with the district school board which
2969	jointly establishes the specific ways in which the plans and
2970	processes of the district school board and the local governments
2971	are to be coordinated. The interlocal agreements shall be
2972	submitted to the state land planning agency and the Office of
2973	Educational Facilities in accordance with a schedule published
2974	by the state land planning agency.
2975	(b)  The schedule must establish staggered due dates for
2976	submission of interlocal agreements that are executed by both
2977	the local government and the district school board, commencing
2978	on March 1, 2003, and concluding by December 1, 2004, and must
2979	set the same date for all governmental entities within a school
2980	district. However, if the county where the school district is
2981	located contains more than 20 municipalities, the state land
2982	planning agency may establish staggered due dates for the
2983	submission of interlocal agreements by these municipalities. The
2984	schedule must begin with those areas where both the number of
2985	districtwide capital-outlay full-time-equivalent students equals
2986	80 percent or more of the current year's school capacity and the
2987	projected 5-year student growth is 1,000 or greater, or where
2988	the projected 5-year student growth rate is 10 percent or
2989	greater.
2990	(c)  If the student population has declined over the 5-year
2991	period preceding the due date for submittal of an interlocal
2992	agreement by the local government and the district school board,
2993	the local government and the district school board may petition
2994	the state land planning agency for a waiver of one or more
2995	requirements of subsection (2). The waiver must be granted if
2996	the procedures called for in subsection (2) are unnecessary
2997	because of the school district's declining school age
2998	population, considering the district's 5-year facilities work
2999	program prepared pursuant to s. 1013.35. The state land planning
3000	agency may modify or revoke the waiver upon a finding that the
3001	conditions upon which the waiver was granted no longer exist.
3002	The district school board and local governments must submit an
3003	interlocal agreement within 1 year after notification by the
3004	state land planning agency that the conditions for a waiver no
3005	longer exist.
3006	(d)  Interlocal agreements between local governments and
3007	district school boards adopted pursuant to s. 163.3177 before
3008	the effective date of this section must be updated and executed
3009	pursuant to the requirements of this section, if necessary.
3010	Amendments to interlocal agreements adopted pursuant to this
3011	section must be submitted to the state land planning agency
3012	within 30 days after execution by the parties for review
3013	consistent with this section. Local governments and the district
3014	school board in each school district are encouraged to adopt a
3015	single interlocal agreement to which all join as parties. The
3016	state land planning agency shall assemble and make available
3017	model interlocal agreements meeting the requirements of this
3018	section and notify local governments and, jointly with the
3019	Department of Education, the district school boards of the
3020	requirements of this section, the dates for compliance, and the
3021	sanctions for noncompliance. The state land planning agency
3022	shall be available to informally review proposed interlocal
3023	agreements. If the state land planning agency has not received a
3024	proposed interlocal agreement for informal review, the state
3025	land planning agency shall, at least 60 days before the deadline
3026	for submission of the executed agreement, renotify the local
3027	government and the district school board of the upcoming
3028	deadline and the potential for sanctions.
3029	(2)  At a minimum, the interlocal agreement must address
3030	interlocal-agreement requirements in s. 163.3180(13)(g), except
3031	for exempt local governments as provided in s. 163.3177(12), and
3032	must address the following issues:
3033	(a)  A process by which each local government and the
3034	district school board agree and base their plans on consistent
3035	projections of the amount, type, and distribution of population
3036	growth and student enrollment. The geographic distribution of
3037	jurisdiction-wide growth forecasts is a major objective of the
3038	process.
3039	(b)  A process to coordinate and share information relating
3040	to existing and planned public school facilities, including
3041	school renovations and closures, and local government plans for
3042	development and redevelopment.
3043	(c)  Participation by affected local governments with the
3044	district school board in the process of evaluating potential
3045	school closures, significant renovations to existing schools,
3046	and new school site selection before land acquisition. Local
3047	governments shall advise the district school board as to the
3048	consistency of the proposed closure, renovation, or new site
3049	with the local comprehensive plan, including appropriate
3050	circumstances and criteria under which a district school board
3051	may request an amendment to the comprehensive plan for school
3052	siting.
3053	(d)  A process for determining the need for and timing of
3054	onsite and offsite improvements to support new, proposed
3055	expansion, or redevelopment of existing schools. The process
3056	must address identification of the party or parties responsible
3057	for the improvements.
3058	(e)  A process for the school board to inform the local
3059	government regarding the effect of comprehensive plan amendments
3060	on school capacity. The capacity reporting must be consistent
3061	with laws and rules relating to measurement of school facility
3062	capacity and must also identify how the district school board
3063	will meet the public school demand based on the facilities work
3064	program adopted pursuant to s. 1013.35.
3065	(f)  Participation of the local governments in the
3066	preparation of the annual update to the district school board's
3067	5-year district facilities work program and educational plant
3068	survey prepared pursuant to s. 1013.35.
3069	(g)  A process for determining where and how joint use of
3070	either school board or local government facilities can be shared
3071	for mutual benefit and efficiency.
3072	(h)  A procedure for the resolution of disputes between the
3073	district school board and local governments, which may include
3074	the dispute resolution processes contained in chapters 164 and
3075	186.
3076	(i)  An oversight process, including an opportunity for
3077	public participation, for the implementation of the interlocal
3078	agreement.
3079	(3)(a)  The Office of Educational Facilities shall submit
3080	any comments or concerns regarding the executed interlocal
3081	agreement to the state land planning agency within 30 days after
3082	receipt of the executed interlocal agreement. The state land
3083	planning agency shall review the executed interlocal agreement
3084	to determine whether it is consistent with the requirements of
3085	subsection (2), the adopted local government comprehensive plan,
3086	and other requirements of law. Within 60 days after receipt of
3087	an executed interlocal agreement, the state land planning agency
3088	shall publish a notice of intent in the Florida Administrative
3089	Weekly and shall post a copy of the notice on the agency's
3090	Internet site. The notice of intent must state whether the
3091	interlocal agreement is consistent or inconsistent with the
3092	requirements of subsection (2) and this subsection, as
3093	appropriate.
3094	(b)  The state land planning agency's notice is subject to
3095	challenge under chapter 120; however, an affected person, as
3096	defined in s. 163.3184(1)(a), has standing to initiate the
3097	administrative proceeding, and this proceeding is the sole means
3098	available to challenge the consistency of an interlocal
3099	agreement required by this section with the criteria contained
3100	in subsection (2) and this subsection. In order to have
3101	standing, each person must have submitted oral or written
3102	comments, recommendations, or objections to the local government
3103	or the school board before the adoption of the interlocal
3104	agreement by the school board and local government. The district
3105	school board and local governments are parties to any such
3106	proceeding. In this proceeding, when the state land planning
3107	agency finds the interlocal agreement to be consistent with the
3108	criteria in subsection (2) and this subsection, the interlocal
3109	agreement shall be determined to be consistent with subsection
3110	(2) and this subsection if the local government's and school
3111	board's determination of consistency is fairly debatable. When
3112	the state planning agency finds the interlocal agreement to be
3113	inconsistent with the requirements of subsection (2) and this
3114	subsection, the local government's and school board's
3115	determination of consistency shall be sustained unless it is
3116	shown by a preponderance of the evidence that the interlocal
3117	agreement is inconsistent.
3118	(c)  If the state land planning agency enters a final order
3119	that finds that the interlocal agreement is inconsistent with
3120	the requirements of subsection (2) or this subsection, it shall
3121	forward it to the Administration Commission, which may impose
3122	sanctions against the local government pursuant to s.
3123	163.3184(11) and may impose sanctions against the district
3124	school board by directing the Department of Education to
3125	withhold from the district school board an equivalent amount of
3126	funds for school construction available pursuant to ss. 1013.65,
3127	1013.68, 1013.70, and 1013.72.
3128	(4)  If an executed interlocal agreement is not timely
3129	submitted to the state land planning agency for review, the
3130	state land planning agency shall, within 15 working days after
3131	the deadline for submittal, issue to the local government and
3132	the district school board a Notice to Show Cause why sanctions
3133	should not be imposed for failure to submit an executed
3134	interlocal agreement by the deadline established by the agency.
3135	The agency shall forward the notice and the responses to the
3136	Administration Commission, which may enter a final order citing
3137	the failure to comply and imposing sanctions against the local
3138	government and district school board by directing the
3139	appropriate agencies to withhold at least 5 percent of state
3140	funds pursuant to s. 163.3184(11) and by directing the
3141	Department of Education to withhold from the district school
3142	board at least 5 percent of funds for school construction
3143	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
3144	1013.72.
3145	(5)  Any local government transmitting a public school
3146	element to implement school concurrency pursuant to the
3147	requirements of s. 163.3180 before the effective date of this
3148	section is not required to amend the element or any interlocal
3149	agreement to conform with the provisions of this section if the
3150	element is adopted prior to or within 1 year after the effective
3151	date of this section and remains in effect until the county
3152	conducts its evaluation and appraisal report and identifies
3153	changes necessary to more fully conform to the provisions of
3154	this section.
3155	(6)  Except as provided in subsection (7), municipalities
3156	meeting the exemption criteria in s. 163.3177(12) are exempt
3157	from the requirements of subsections (1), (2), and (3).
3158	(7)  At the time of the evaluation and appraisal report,
3159	each exempt municipality shall assess the extent to which it
3160	continues to meet the criteria for exemption under s.
3161	163.3177(12). If the municipality continues to meet these
3162	criteria, the municipality shall continue to be exempt from the
3163	interlocal-agreement requirement. Each municipality exempt under
3164	s. 163.3177(12) must comply with the provisions of this section
3165	within 1 year after the district school board proposes, in its
3166	5-year district facilities work program, a new school within the
3167	municipality's jurisdiction.
3168	Section 13.  Subsection (9) of section 163.3178, Florida
3169	Statutes, is amended to read:
3170	163.3178  Coastal management.-
3171	(9)(a)  Local governments may elect to comply with rule 9J-
3172	5.012(3)(b)6. and 7., Florida Administrative Code, through the
3173	process provided in this section. A proposed comprehensive plan
3174	amendment shall be found in compliance with state coastal high-
3175	hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3176	Florida Administrative Code, if:
3177	1.  The adopted level of service for out-of-county
3178	hurricane evacuation is maintained for a category 5 storm event
3179	as measured on the Saffir-Simpson scale; or
3180	2.  A 12-hour evacuation time to shelter is maintained for
3181	a category 5 storm event as measured on the Saffir-Simpson scale
3182	and shelter space reasonably expected to accommodate the
3183	residents of the development contemplated by a proposed
3184	comprehensive plan amendment is available; or
3185	3.  Appropriate mitigation is provided that will satisfy
3186	the provisions of subparagraph 1. or subparagraph 2. Appropriate
3187	mitigation shall include, without limitation, payment of money,
3188	contribution of land, and construction of hurricane shelters and
3189	transportation facilities. Required mitigation shall not exceed
3190	the amount required for a developer to accommodate impacts
3191	reasonably attributable to development. A local government and a
3192	developer shall enter into a binding agreement to memorialize
3193	the mitigation plan.
3194	(b)  For those local governments that have not established
3195	a level of service for out-of-county hurricane evacuation by
3196	July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and
3197	7., Florida Administrative Code, by following the process in
3198	paragraph (a), the level of service shall be no greater than 16
3199	hours for a category 5 storm event as measured on the Saffir-
3200	Simpson scale.
3201	(c)  This subsection shall become effective immediately and
3202	shall apply to all local governments. No later than July 1,
3203	2008, local governments shall amend their future land use map
3204	and coastal management element to include the new definition of
3205	coastal high-hazard area and to depict the coastal high-hazard
3206	area on the future land use map.
3207	Section 14.  Section 163.3180, Florida Statutes, is amended
3208	to read:
3209	163.3180  Concurrency.-
3210	(1)(a)  Sanitary sewer, solid waste, drainage, and potable
3211	water, parks and recreation, schools, and transportation
3212	facilities, including mass transit, where applicable, are the
3213	only public facilities and services subject to the concurrency
3214	requirement on a statewide basis. Additional public facilities
3215	and services may not be made subject to concurrency on a
3216	statewide basis without appropriate study and approval by the
3217	Legislature; however, any local government may extend the
3218	concurrency requirement so that it applies to additional public
3219	facilities within its jurisdiction. If concurrency is applied to
3220	other public facilities, the local government comprehensive plan
3221	must provide the principles, guidelines, standards, and
3222	strategies, including adopted levels of service, to guide its
3223	application. In order for a local government to rescind any
3224	optional concurrency provisions, a comprehensive plan amendment
3225	is required. An amendment rescinding optional concurrency issues
3226	is not subject to state review. The local government
3227	comprehensive plan must demonstrate, for required or optional
3228	concurrency requirements, that the levels of service adopted can
3229	be reasonably met. Infrastructure needed to ensure that adopted
3230	level-of-service standards are achieved and maintained for the
3231	5-year period of the capital improvement schedule must be
3232	identified pursuant to the requirements of s. 163.3177(3).
3233	(b)  Local governments shall use professionally accepted
3234	techniques for measuring level of service for automobiles,
3235	bicycles, pedestrians, transit, and trucks. These techniques may
3236	be used to evaluate increased accessibility by multiple modes
3237	and reductions in vehicle miles of travel in an area or zone.
3238	The Department of Transportation shall develop methodologies to
3239	assist local governments in implementing this multimodal level-
3240	of-service analysis. The Department of Community Affairs and the
3241	Department of Transportation shall provide technical assistance
3242	to local governments in applying these methodologies.
3243	(2)(a)  Consistent with public health and safety, sanitary
3244	sewer, solid waste, drainage, adequate water supplies, and
3245	potable water facilities shall be in place and available to
3246	serve new development no later than the issuance by the local
3247	government of a certificate of occupancy or its functional
3248	equivalent. Prior to approval of a building permit or its
3249	functional equivalent, the local government shall consult with
3250	the applicable water supplier to determine whether adequate
3251	water supplies to serve the new development will be available no
3252	later than the anticipated date of issuance by the local
3253	government of a certificate of occupancy or its functional
3254	equivalent. A local government may meet the concurrency
3255	requirement for sanitary sewer through the use of onsite sewage
3256	treatment and disposal systems approved by the Department of
3257	Health to serve new development.
3258	(b)  Consistent with the public welfare, and except as
3259	otherwise provided in this section, parks and recreation
3260	facilities to serve new development shall be in place or under
3261	actual construction no later than 1 year after issuance by the
3262	local government of a certificate of occupancy or its functional
3263	equivalent. However, the acreage for such facilities shall be
3264	dedicated or be acquired by the local government prior to
3265	issuance by the local government of a certificate of occupancy
3266	or its functional equivalent, or funds in the amount of the
3267	developer's fair share shall be committed no later than the
3268	local government's approval to commence construction.
3269	(c)  Consistent with the public welfare, and except as
3270	otherwise provided in this section, transportation facilities
3271	needed to serve new development shall be in place or under
3272	actual construction within 3 years after the local government
3273	approves a building permit or its functional equivalent that
3274	results in traffic generation.
3275	(3)  Governmental entities that are not responsible for
3276	providing, financing, operating, or regulating public facilities
3277	needed to serve development may not establish binding level-of-
3278	service standards on governmental entities that do bear those
3279	responsibilities. This subsection does not limit the authority
3280	of any agency to recommend or make objections, recommendations,
3281	comments, or determinations during reviews conducted under s.
3282	163.3184.
3283	(4)(a)  The concurrency requirement as implemented in local
3284	comprehensive plans applies to state and other public facilities
3285	and development to the same extent that it applies to all other
3286	facilities and development, as provided by law.
3287	(b)  The concurrency requirement as implemented in local
3288	comprehensive plans does not apply to public transit facilities.
3289	For the purposes of this paragraph, public transit facilities
3290	include transit stations and terminals; transit station parking;
3291	park-and-ride lots; intermodal public transit connection or
3292	transfer facilities; fixed bus, guideway, and rail stations; and
3293	airport passenger terminals and concourses, air cargo
3294	facilities, and hangars for the assembly, manufacture,
3295	maintenance, or storage of aircraft. As used in this paragraph,
3296	the terms "terminals" and "transit facilities" do not include
3297	seaports or commercial or residential development constructed in
3298	conjunction with a public transit facility.
3299	(c)  The concurrency requirement, except as it relates to
3300	transportation facilities and public schools, as implemented in
3301	local government comprehensive plans, may be waived by a local
3302	government for urban infill and redevelopment areas designated
3303	pursuant to s. 163.2517 if such a waiver does not endanger
3304	public health or safety as defined by the local government in
3305	its local government comprehensive plan. The waiver shall be
3306	adopted as a plan amendment pursuant to the process set forth in
3307	s. 163.3187(3)(a). A local government may grant a concurrency
3308	exception pursuant to subsection (5) for transportation
3309	facilities located within these urban infill and redevelopment
3310	areas.
3311	(5)(a)  If concurrency is applied to transportation
3312	facilities, the local government comprehensive plan must provide
3313	the principles, guidelines, standards, and strategies, including
3314	adopted levels of service to guide its application.
3315	(b)  Local governments shall use professionally accepted
3316	studies to determine appropriate levels of service, which shall
3317	be based on a schedule of facilities that will be necessary to
3318	meet level of service demands reflected in the capital
3319	improvement element.
3320	(c)  Local governments shall use professionally accepted
3321	techniques for measuring levels of service when evaluating
3322	potential impacts of a proposed development.
3323	(d)  The premise of concurrency is that the public
3324	facilities will be provided in order to achieve and maintain the
3325	adopted level of service standard. A comprehensive plan that
3326	imposes transportation concurrency shall contain appropriate
3327	amendments to the capital improvements element of the
3328	comprehensive plan, consistent with the requirements of s.
3329	163.3177(3). The capital improvements element shall identify
3330	facilities necessary to meet adopted levels of service during a
3331	5-year period.
3332	(e)  If a local government applies transportation
3333	concurrency in its jurisdiction, it is encouraged to develop
3334	policy guidelines and techniques to address potential negative
3335	impacts on future development:
3336	1.  In urban infill and redevelopment, and urban service
3337	areas.
3338	2.  With special part-time demands on the transportation
3339	system.
3340	3.  With de minimis impacts.
3341	4.  On community desired types of development, such as
3342	redevelopment, or job creation projects.
3343	(f)  Local governments are encouraged to develop tools and
3344	techniques to complement the application of transportation
3345	concurrency such as:
3346	1.  Adoption of long-term strategies to facilitate
3347	development patterns that support multimodal solutions,
3348	including urban design, and appropriate land use mixes,
3349	including intensity and density.
3350	2.  Adoption of an areawide level of service not dependent
3351	on any single road segment function.
3352	3.  Exempting or discounting impacts of locally desired
3353	development, such as development in urban areas, redevelopment,
3354	job creation, and mixed use on the transportation system.
3355	4.  Assigning secondary priority to vehicle mobility and
3356	primary priority to ensuring a safe, comfortable, and attractive
3357	pedestrian environment, with convenient interconnection to
3358	transit.
3359	5.  Establishing multimodal level of service standards that
3360	rely primarily on nonvehicular modes of transportation where
3361	existing or planned community design will provide adequate level
3362	of mobility.
3363	6.  Reducing impact fees or local access fees to promote
3364	development within urban areas, multimodal transportation
3365	districts, and a balance of mixed use development in certain
3366	areas or districts, or for affordable or workforce housing.
3367	(g)  Local governments are encouraged to coordinate with
3368	adjacent local governments for the purpose of using common
3369	methodologies for measuring impacts on transportation
3370	facilities.
3371	(h)  Local governments that implement transportation
3372	concurrency must:
3373	1.  Consult with the Department of Transportation when
3374	proposed plan amendments affect facilities on the strategic
3375	intermodal system.
3376	2.  Exempt public transit facilities from concurrency. For
3377	the purposes of this subparagraph, public transit facilities
3378	include transit stations and terminals; transit station parking;
3379	park-and-ride lots; intermodal public transit connection or
3380	transfer facilities; fixed bus, guideway, and rail stations; and
3381	airport passenger terminals and concourses, air cargo
3382	facilities, and hangars for the assembly, manufacture,
3383	maintenance, or storage of aircraft. As used in this
3384	subparagraph, the terms "terminals" and "transit facilities" do
3385	not include seaports or commercial or residential development
3386	constructed in conjunction with a public transit facility.
3387	3.  Allow an applicant for a development of regional impact
3388	development order, a rezoning, or other land use development
3389	permit to satisfy the transportation concurrency requirements of
3390	the local comprehensive plan, the local government's concurrency
3391	management system, and s. 380.06, when applicable, if:
3392	a.  The applicant enters into a binding agreement to pay
3393	for or construct its proportionate share of required
3394	improvements.
3395	b. The proportionate share contribution or construction is
3396	sufficient to accomplish one or more mobility improvements that
3397	will benefit a regionally significant transportation facility.
3398	c.  The local government has provided a means by which the
3399	landowner will be assessed a proportionate share of the cost of
3400	providing the transportation facilities necessary to serve the
3401	proposed development.
3402
3403	When an applicant contributes or constructs its proportionate
3404	share, pursuant to this subparagraph, a local government may not
3405	require payment or construction of transportation facilities
3406	whose costs would be greater than a development's proportionate
3407	share of the improvements necessary to mitigate the
3408	development's impacts. The proportionate share contribution
3409	shall be calculated based upon the number of trips from the
3410	proposed development expected to reach roadways during the peak
3411	hour from the stage or phase being approved, divided by the
3412	change in the peak hour maximum service volume of roadways
3413	resulting from construction of an improvement necessary to
3414	maintain or achieve the adopted level of service, multiplied by
3415	the construction cost, at the time of development payment, of
3416	the improvement necessary to maintain or achieve the adopted
3417	level of service. When the provisions of this paragraph have
3418	been satisfied for a particular stage or phase of development,
3419	all transportation impacts from that stage or phase shall be
3420	deemed fully mitigated in any cumulative transportation analysis
3421	for a subsequent stage or phase of development. In projecting
3422	the number of trips to be generated by the development under
3423	review, any trips assigned to a toll-financed facility shall be
3424	eliminated from the analysis. The applicant is not responsible
3425	for the cost of reducing or eliminating deficits that exist
3426	prior to the filing of the application and shall receive a
3427	credit on a dollar-for-dollar basis for transportation impact
3428	fees payable in the future for the project. This subparagraph
3429	does not require a local government to approve a development
3430	that is not otherwise qualified for approval pursuant to the
3431	applicable local comprehensive plan and land development
3432	regulations.
3433	(a)  The Legislature finds that under limited
3434	circumstances, countervailing planning and public policy goals
3435	may come into conflict with the requirement that adequate public
3436	transportation facilities and services be available concurrent
3437	with the impacts of such development. The Legislature further
3438	finds that the unintended result of the concurrency requirement
3439	for transportation facilities is often the discouragement of
3440	urban infill development and redevelopment. Such unintended
3441	results directly conflict with the goals and policies of the
3442	state comprehensive plan and the intent of this part. The
3443	Legislature also finds that in urban centers transportation
3444	cannot be effectively managed and mobility cannot be improved
3445	solely through the expansion of roadway capacity, that the
3446	expansion of roadway capacity is not always physically or
3447	financially possible, and that a range of transportation
3448	alternatives is essential to satisfy mobility needs, reduce
3449	congestion, and achieve healthy, vibrant centers.
3450	(b)1.  The following are transportation concurrency
3451	exception areas:
3452	a.  A municipality that qualifies as a dense urban land
3453	area under s. 163.3164;
3454	b.  An urban service area under s. 163.3164 that has been
3455	adopted into the local comprehensive plan and is located within
3456	a county that qualifies as a dense urban land area under s.
3457	163.3164; and
3458	c.  A county, including the municipalities located therein,
3459	which has a population of at least 900,000 and qualifies as a
3460	dense urban land area under s. 163.3164, but does not have an
3461	urban service area designated in the local comprehensive plan.
3462	2.  A municipality that does not qualify as a dense urban
3463	land area pursuant to s. 163.3164 may designate in its local
3464	comprehensive plan the following areas as transportation
3465	concurrency exception areas:
3466	a.  Urban infill as defined in s. 163.3164;
3467	b.  Community redevelopment areas as defined in s. 163.340;
3468	c.  Downtown revitalization areas as defined in s.
3469	163.3164;
3470	d.  Urban infill and redevelopment under s. 163.2517; or
3471	e.  Urban service areas as defined in s. 163.3164 or areas
3472	within a designated urban service boundary under s.
3473	163.3177(14).
3474	3.  A county that does not qualify as a dense urban land
3475	area pursuant to s. 163.3164 may designate in its local
3476	comprehensive plan the following areas as transportation
3477	concurrency exception areas:
3478	a.  Urban infill as defined in s. 163.3164;
3479	b.  Urban infill and redevelopment under s. 163.2517; or
3480	c.  Urban service areas as defined in s. 163.3164.
3481	4.  A local government that has a transportation
3482	concurrency exception area designated pursuant to subparagraph
3483	1., subparagraph 2., or subparagraph 3. shall, within 2 years
3484	after the designated area becomes exempt, adopt into its local
3485	comprehensive plan land use and transportation strategies to
3486	support and fund mobility within the exception area, including
3487	alternative modes of transportation. Local governments are
3488	encouraged to adopt complementary land use and transportation
3489	strategies that reflect the region's shared vision for its
3490	future. If the state land planning agency finds insufficient
3491	cause for the failure to adopt into its comprehensive plan land
3492	use and transportation strategies to support and fund mobility
3493	within the designated exception area after 2 years, it shall
3494	submit the finding to the Administration Commission, which may
3495	impose any of the sanctions set forth in s. 163.3184(11)(a) and
3496	(b) against the local government.
3497	5.  Transportation concurrency exception areas designated
3498	pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3499	do not apply to designated transportation concurrency districts
3500	located within a county that has a population of at least 1.5
3501	million, has implemented and uses a transportation-related
3502	concurrency assessment to support alternative modes of
3503	transportation, including, but not limited to, mass transit, and
3504	does not levy transportation impact fees within the concurrency
3505	district.
3506	6.  Transportation concurrency exception areas designated
3507	under subparagraph 1., subparagraph 2., or subparagraph 3. do
3508	not apply in any county that has exempted more than 40 percent
3509	of the area inside the urban service area from transportation
3510	concurrency for the purpose of urban infill.
3511	7.  A local government that does not have a transportation
3512	concurrency exception area designated pursuant to subparagraph
3513	1., subparagraph 2., or subparagraph 3. may grant an exception
3514	from the concurrency requirement for transportation facilities
3515	if the proposed development is otherwise consistent with the
3516	adopted local government comprehensive plan and is a project
3517	that promotes public transportation or is located within an area
3518	designated in the comprehensive plan for:
3519	a.  Urban infill development;
3520	b.  Urban redevelopment;
3521	c.  Downtown revitalization;
3522	d.  Urban infill and redevelopment under s. 163.2517; or
3523	e.  An urban service area specifically designated as a
3524	transportation concurrency exception area which includes lands
3525	appropriate for compact, contiguous urban development, which
3526	does not exceed the amount of land needed to accommodate the
3527	projected population growth at densities consistent with the
3528	adopted comprehensive plan within the 10-year planning period,
3529	and which is served or is planned to be served with public
3530	facilities and services as provided by the capital improvements
3531	element.
3532	(c)  The Legislature also finds that developments located
3533	within urban infill, urban redevelopment, urban service, or
3534	downtown revitalization areas or areas designated as urban
3535	infill and redevelopment areas under s. 163.2517, which pose
3536	only special part-time demands on the transportation system, are
3537	exempt from the concurrency requirement for transportation
3538	facilities. A special part-time demand is one that does not have
3539	more than 200 scheduled events during any calendar year and does
3540	not affect the 100 highest traffic volume hours.
3541	(d)  Except for transportation concurrency exception areas
3542	designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3543	or subparagraph (b)3., the following requirements apply:
3544	1.  The local government shall both adopt into the
3545	comprehensive plan and implement long-term strategies to support
3546	and fund mobility within the designated exception area,
3547	including alternative modes of transportation. The plan
3548	amendment must also demonstrate how strategies will support the
3549	purpose of the exception and how mobility within the designated
3550	exception area will be provided.
3551	2.  The strategies must address urban design; appropriate
3552	land use mixes, including intensity and density; and network
3553	connectivity plans needed to promote urban infill,
3554	redevelopment, or downtown revitalization. The comprehensive
3555	plan amendment designating the concurrency exception area must
3556	be accompanied by data and analysis supporting the local
3557	government's determination of the boundaries of the
3558	transportation concurrency exception area.
3559	(e)  Before designating a concurrency exception area
3560	pursuant to subparagraph (b)7., the state land planning agency
3561	and the Department of Transportation shall be consulted by the
3562	local government to assess the impact that the proposed
3563	exception area is expected to have on the adopted level-of-
3564	service standards established for regional transportation
3565	facilities identified pursuant to s. 186.507, including the
3566	Strategic Intermodal System and roadway facilities funded in
3567	accordance with s. 339.2819. Further, the local government shall
3568	provide a plan for the mitigation of impacts to the Strategic
3569	Intermodal System, including, if appropriate, access management,
3570	parallel reliever roads, transportation demand management, and
3571	other measures.
3572	(f)  The designation of a transportation concurrency
3573	exception area does not limit a local government's home rule
3574	power to adopt ordinances or impose fees. This subsection does
3575	not affect any contract or agreement entered into or development
3576	order rendered before the creation of the transportation
3577	concurrency exception area except as provided in s.
3578	380.06(29)(e).
3579	(g)  The Office of Program Policy Analysis and Government
3580	Accountability shall submit to the President of the Senate and
3581	the Speaker of the House of Representatives by February 1, 2015,
3582	a report on transportation concurrency exception areas created
3583	pursuant to this subsection. At a minimum, the report shall
3584	address the methods that local governments have used to
3585	implement and fund transportation strategies to achieve the
3586	purposes of designated transportation concurrency exception
3587	areas, and the effects of the strategies on mobility,
3588	congestion, urban design, the density and intensity of land use
3589	mixes, and network connectivity plans used to promote urban
3590	infill, redevelopment, or downtown revitalization.
3591	(6)  The Legislature finds that a de minimis impact is
3592	consistent with this part. A de minimis impact is an impact that
3593	would not affect more than 1 percent of the maximum volume at
3594	the adopted level of service of the affected transportation
3595	facility as determined by the local government. No impact will
3596	be de minimis if the sum of existing roadway volumes and the
3597	projected volumes from approved projects on a transportation
3598	facility would exceed 110 percent of the maximum volume at the
3599	adopted level of service of the affected transportation
3600	facility; provided however, that an impact of a single family
3601	home on an existing lot will constitute a de minimis impact on
3602	all roadways regardless of the level of the deficiency of the
3603	roadway. Further, no impact will be de minimis if it would
3604	exceed the adopted level-of-service standard of any affected
3605	designated hurricane evacuation routes. Each local government
3606	shall maintain sufficient records to ensure that the 110-percent
3607	criterion is not exceeded. Each local government shall submit
3608	annually, with its updated capital improvements element, a
3609	summary of the de minimis records. If the state land planning
3610	agency determines that the 110-percent criterion has been
3611	exceeded, the state land planning agency shall notify the local
3612	government of the exceedance and that no further de minimis
3613	exceptions for the applicable roadway may be granted until such
3614	time as the volume is reduced below the 110 percent. The local
3615	government shall provide proof of this reduction to the state
3616	land planning agency before issuing further de minimis
3617	exceptions.
3618	(7)  In order to promote infill development and
3619	redevelopment, one or more transportation concurrency management
3620	areas may be designated in a local government comprehensive
3621	plan. A transportation concurrency management area must be a
3622	compact geographic area with an existing network of roads where
3623	multiple, viable alternative travel paths or modes are available
3624	for common trips. A local government may establish an areawide
3625	level-of-service standard for such a transportation concurrency
3626	management area based upon an analysis that provides for a
3627	justification for the areawide level of service, how urban
3628	infill development or redevelopment will be promoted, and how
3629	mobility will be accomplished within the transportation
3630	concurrency management area. Prior to the designation of a
3631	concurrency management area, the Department of Transportation
3632	shall be consulted by the local government to assess the impact
3633	that the proposed concurrency management area is expected to
3634	have on the adopted level-of-service standards established for
3635	Strategic Intermodal System facilities, as defined in s. 339.64,
3636	and roadway facilities funded in accordance with s. 339.2819.
3637	Further, the local government shall, in cooperation with the
3638	Department of Transportation, develop a plan to mitigate any
3639	impacts to the Strategic Intermodal System, including, if
3640	appropriate, the development of a long-term concurrency
3641	management system pursuant to subsection (9) and s.
3642	163.3177(3)(d). Transportation concurrency management areas
3643	existing prior to July 1, 2005, shall meet, at a minimum, the
3644	provisions of this section by July 1, 2006, or at the time of
3645	the comprehensive plan update pursuant to the evaluation and
3646	appraisal report, whichever occurs last. The state land planning
3647	agency shall amend chapter 9J-5, Florida Administrative Code, to
3648	be consistent with this subsection.
3649	(8)  When assessing the transportation impacts of proposed
3650	urban redevelopment within an established existing urban service
3651	area, 110 percent of the actual transportation impact caused by
3652	the previously existing development must be reserved for the
3653	redevelopment, even if the previously existing development has a
3654	lesser or nonexisting impact pursuant to the calculations of the
3655	local government. Redevelopment requiring less than 110 percent
3656	of the previously existing capacity shall not be prohibited due
3657	to the reduction of transportation levels of service below the
3658	adopted standards. This does not preclude the appropriate
3659	assessment of fees or accounting for the impacts within the
3660	concurrency management system and capital improvements program
3661	of the affected local government. This paragraph does not affect
3662	local government requirements for appropriate development
3663	permits.
3664	(9)(a)  Each local government may adopt as a part of its
3665	plan, long-term transportation and school concurrency management
3666	systems with a planning period of up to 10 years for specially
3667	designated districts or areas where significant backlogs exist.
3668	The plan may include interim level-of-service standards on
3669	certain facilities and shall rely on the local government's
3670	schedule of capital improvements for up to 10 years as a basis
3671	for issuing development orders that authorize commencement of
3672	construction in these designated districts or areas. The
3673	concurrency management system must be designed to correct
3674	existing deficiencies and set priorities for addressing
3675	backlogged facilities. The concurrency management system must be
3676	financially feasible and consistent with other portions of the
3677	adopted local plan, including the future land use map.
3678	(b)  If a local government has a transportation or school
3679	facility backlog for existing development which cannot be
3680	adequately addressed in a 10-year plan, the state land planning
3681	agency may allow it to develop a plan and long-term schedule of
3682	capital improvements covering up to 15 years for good and
3683	sufficient cause, based on a general comparison between that
3684	local government and all other similarly situated local
3685	jurisdictions, using the following factors:
3686	1.  The extent of the backlog.
3687	2.  For roads, whether the backlog is on local or state
3688	roads.
3689	3.  The cost of eliminating the backlog.
3690	4.  The local government's tax and other revenue-raising
3691	efforts.
3692	(c)  The local government may issue approvals to commence
3693	construction notwithstanding this section, consistent with and
3694	in areas that are subject to a long-term concurrency management
3695	system.
3696	(d)  If the local government adopts a long-term concurrency
3697	management system, it must evaluate the system periodically. At
3698	a minimum, the local government must assess its progress toward
3699	improving levels of service within the long-term concurrency
3700	management district or area in the evaluation and appraisal
3701	report and determine any changes that are necessary to
3702	accelerate progress in meeting acceptable levels of service.
3703	(10)  Except in transportation concurrency exception areas,
3704	with regard to roadway facilities on the Strategic Intermodal
3705	System designated in accordance with s. 339.63, local
3706	governments shall adopt the level-of-service standard
3707	established by the Department of Transportation by rule.
3708	However, if the Office of Tourism, Trade, and Economic
3709	Development concurs in writing with the local government that
3710	the proposed development is for a qualified job creation project
3711	under s. 288.0656 or s. 403.973, the affected local government,
3712	after consulting with the Department of Transportation, may
3713	provide for a waiver of transportation concurrency for the
3714	project. For all other roads on the State Highway System, local
3715	governments shall establish an adequate level-of-service
3716	standard that need not be consistent with any level-of-service
3717	standard established by the Department of Transportation. In
3718	establishing adequate level-of-service standards for any
3719	arterial roads, or collector roads as appropriate, which
3720	traverse multiple jurisdictions, local governments shall
3721	consider compatibility with the roadway facility's adopted
3722	level-of-service standards in adjacent jurisdictions. Each local
3723	government within a county shall use a professionally accepted
3724	methodology for measuring impacts on transportation facilities
3725	for the purposes of implementing its concurrency management
3726	system. Counties are encouraged to coordinate with adjacent
3727	counties, and local governments within a county are encouraged
3728	to coordinate, for the purpose of using common methodologies for
3729	measuring impacts on transportation facilities for the purpose
3730	of implementing their concurrency management systems.
3731	(11)  In order to limit the liability of local governments,
3732	a local government may allow a landowner to proceed with
3733	development of a specific parcel of land notwithstanding a
3734	failure of the development to satisfy transportation
3735	concurrency, when all the following factors are shown to exist:
3736	(a)  The local government with jurisdiction over the
3737	property has adopted a local comprehensive plan that is in
3738	compliance.
3739	(b)  The proposed development would be consistent with the
3740	future land use designation for the specific property and with
3741	pertinent portions of the adopted local plan, as determined by
3742	the local government.
3743	(c)  The local plan includes a financially feasible capital
3744	improvements element that provides for transportation facilities
3745	adequate to serve the proposed development, and the local
3746	government has not implemented that element.
3747	(d)  The local government has provided a means by which the
3748	landowner will be assessed a fair share of the cost of providing
3749	the transportation facilities necessary to serve the proposed
3750	development.
3751	(e)  The landowner has made a binding commitment to the
3752	local government to pay the fair share of the cost of providing
3753	the transportation facilities to serve the proposed development.
3754	(12)(a)  A development of regional impact may satisfy the
3755	transportation concurrency requirements of the local
3756	comprehensive plan, the local government's concurrency
3757	management system, and s. 380.06 by payment of a proportionate-
3758	share contribution for local and regionally significant traffic
3759	impacts, if:
3760	1.  The development of regional impact which, based on its
3761	location or mix of land uses, is designed to encourage
3762	pedestrian or other nonautomotive modes of transportation;
3763	2.  The proportionate-share contribution for local and
3764	regionally significant traffic impacts is sufficient to pay for
3765	one or more required mobility improvements that will benefit a
3766	regionally significant transportation facility;
3767	3.  The owner and developer of the development of regional
3768	impact pays or assures payment of the proportionate-share
3769	contribution; and
3770	4.  If the regionally significant transportation facility
3771	to be constructed or improved is under the maintenance authority
3772	of a governmental entity, as defined by s. 334.03(12), other
3773	than the local government with jurisdiction over the development
3774	of regional impact, the developer is required to enter into a
3775	binding and legally enforceable commitment to transfer funds to
3776	the governmental entity having maintenance authority or to
3777	otherwise assure construction or improvement of the facility.
3778
3779	The proportionate-share contribution may be applied to any
3780	transportation facility to satisfy the provisions of this
3781	subsection and the local comprehensive plan, but, for the
3782	purposes of this subsection, the amount of the proportionate-
3783	share contribution shall be calculated based upon the cumulative
3784	number of trips from the proposed development expected to reach
3785	roadways during the peak hour from the complete buildout of a
3786	stage or phase being approved, divided by the change in the peak
3787	hour maximum service volume of roadways resulting from
3788	construction of an improvement necessary to maintain the adopted
3789	level of service, multiplied by the construction cost, at the
3790	time of developer payment, of the improvement necessary to
3791	maintain the adopted level of service. For purposes of this
3792	subsection, "construction cost" includes all associated costs of
3793	the improvement. Proportionate-share mitigation shall be limited
3794	to ensure that a development of regional impact meeting the
3795	requirements of this subsection mitigates its impact on the
3796	transportation system but is not responsible for the additional
3797	cost of reducing or eliminating backlogs. This subsection also
3798	applies to Florida Quality Developments pursuant to s. 380.061
3799	and to detailed specific area plans implementing optional sector
3800	plans pursuant to s. 163.3245.
3801	(b)  As used in this subsection, the term "backlog" means a
3802	facility or facilities on which the adopted level-of-service
3803	standard is exceeded by the existing trips, plus additional
3804	projected background trips from any source other than the
3805	development project under review that are forecast by
3806	established traffic standards, including traffic modeling,
3807	consistent with the University of Florida Bureau of Economic and
3808	Business Research medium population projections. Additional
3809	projected background trips are to be coincident with the
3810	particular stage or phase of development under review.
3811	(13)  School concurrency shall be established on a
3812	districtwide basis and shall include all public schools in the
3813	district and all portions of the district, whether located in a
3814	municipality or an unincorporated area unless exempt from the
3815	public school facilities element pursuant to s. 163.3177(12).
3816	(6)(a)  If concurrency is applied to public education
3817	facilities, The application of school concurrency to development
3818	shall be based upon the adopted comprehensive plan, as amended.
3819	all local governments within a county, except as provided in
3820	paragraph (i)(f), shall include principles, guidelines,
3821	standards, and strategies, including adopted levels of service,
3822	in their comprehensive plans and adopt and transmit to the state
3823	land planning agency the necessary plan amendments, along with
3824	the interlocal agreements. If the county and one or more
3825	municipalities have adopted school concurrency into its
3826	comprehensive plan and interlocal agreement that represents at
3827	least 80 percent of the total countywide population, the failure
3828	of one or more municipalities to adopt the concurrency and enter
3829	into the interlocal agreement does not preclude implementation
3830	of school concurrency within the school district. agreement, for
3831	a compliance review pursuant to s. 163.3184(7) and (8). The
3832	minimum requirements for school concurrency are the following:
3833	(a)  Public school facilities element.-A local government
3834	shall adopt and transmit to the state land planning agency a
3835	plan or plan amendment which includes a public school facilities
3836	element which is consistent with the requirements of s.
3837	163.3177(12) and which is determined to be in compliance as
3838	defined in s. 163.3184(1)(b). All local government provisions
3839	included in comprehensive plans regarding school concurrency
3840	public school facilities plan elements within a county must be
3841	consistent with each other as well as the requirements of this
3842	part.
3843	(b)  Level-of-service standards.-The Legislature recognizes
3844	that an essential requirement for a concurrency management
3845	system is the level of service at which a public facility is
3846	expected to operate.
3847	1.  Local governments and school boards imposing school
3848	concurrency shall exercise authority in conjunction with each
3849	other to establish jointly adequate level-of-service standards,
3850	as defined in chapter 9J-5, Florida Administrative Code,
3851	necessary to implement the adopted local government
3852	comprehensive plan, based on data and analysis.
3853	(c)2.  Public school level-of-service standards shall be
3854	included and adopted into the capital improvements element of
3855	the local comprehensive plan and shall apply districtwide to all
3856	schools of the same type. Types of schools may include
3857	elementary, middle, and high schools as well as special purpose
3858	facilities such as magnet schools.
3859	(d)3.  Local governments and school boards may shall have
3860	the option to utilize tiered level-of-service standards to allow
3861	time to achieve an adequate and desirable level of service as
3862	circumstances warrant.
3863	(e)4.  For the purpose of determining whether levels of
3864	service have been achieved, for the first 3 years of school
3865	concurrency implementation, A school district that includes
3866	relocatable facilities in its inventory of student stations
3867	shall include the capacity of such relocatable facilities as
3868	provided in s. 1013.35(2)(b)2.f., provided the relocatable
3869	facilities were purchased after 1998 and the relocatable
3870	facilities meet the standards for long-term use pursuant to s.
3871	1013.20.
3872	(c)  Service areas.-The Legislature recognizes that an
3873	essential requirement for a concurrency system is a designation
3874	of the area within which the level of service will be measured
3875	when an application for a residential development permit is
3876	reviewed for school concurrency purposes. This delineation is
3877	also important for purposes of determining whether the local
3878	government has a financially feasible public school capital
3879	facilities program that will provide schools which will achieve
3880	and maintain the adopted level-of-service standards.
3881	(f)1.  In order to balance competing interests, preserve
3882	the constitutional concept of uniformity, and avoid disruption
3883	of existing educational and growth management processes, local
3884	governments are encouraged, if they elect to adopt school
3885	concurrency, to initially apply school concurrency to
3886	development only on a districtwide basis so that a concurrency
3887	determination for a specific development will be based upon the
3888	availability of school capacity districtwide. To ensure that
3889	development is coordinated with schools having available
3890	capacity, within 5 years after adoption of school concurrency,
3891	2.  If a local government elects to governments shall apply
3892	school concurrency on a less than districtwide basis, by such as
3893	using school attendance zones or concurrency service areas:, as
3894	provided in subparagraph 2.
3895	a.2.  For local governments applying school concurrency on
3896	a less than districtwide basis, such as utilizing school
3897	attendance zones or larger school concurrency service areas,
3898	Local governments and school boards shall have the burden to
3899	demonstrate that the utilization of school capacity is maximized
3900	to the greatest extent possible in the comprehensive plan and
3901	amendment, taking into account transportation costs and court-
3902	approved desegregation plans, as well as other factors. In
3903	addition, in order to achieve concurrency within the service
3904	area boundaries selected by local governments and school boards,
3905	the service area boundaries, together with the standards for
3906	establishing those boundaries, shall be identified and included
3907	as supporting data and analysis for the comprehensive plan.
3908	b.3.  Where school capacity is available on a districtwide
3909	basis but school concurrency is applied on a less than
3910	districtwide basis in the form of concurrency service areas, if
3911	the adopted level-of-service standard cannot be met in a
3912	particular service area as applied to an application for a
3913	development permit and if the needed capacity for the particular
3914	service area is available in one or more contiguous service
3915	areas, as adopted by the local government, then the local
3916	government may not deny an application for site plan or final
3917	subdivision approval or the functional equivalent for a
3918	development or phase of a development on the basis of school
3919	concurrency, and if issued, development impacts shall be
3920	subtracted from the shifted to  contiguous service area's areas
3921	with schools having available capacity totals. Students from the
3922	development may not be required to go to the adjacent service
3923	area unless the school board rezones the area in which the
3924	development occurs.
3925	(g)(d)  Financial feasibility.-The Legislature recognizes
3926	that financial feasibility is an important issue because The
3927	premise of concurrency is that the public facilities will be
3928	provided in order to achieve and maintain the adopted level-of-
3929	service standard. This part and chapter 9J-5, Florida
3930	Administrative Code, contain specific standards to determine the
3931	financial feasibility of capital programs. These standards were
3932	adopted to make concurrency more predictable and local
3933	governments more accountable.
3934	1.  A comprehensive plan that imposes amendment seeking to
3935	impose school concurrency shall contain appropriate amendments
3936	to the capital improvements element of the comprehensive plan,
3937	consistent with the requirements of s. 163.3177(3) and rule 9J-
3938	5.016, Florida Administrative Code. The capital improvements
3939	element shall identify facilities necessary to meet adopted
3940	levels of service during a 5-year period consistent with the
3941	school board's educational set forth a financially feasible
3942	public school capital facilities plan program, established in
3943	conjunction with the school board, that demonstrates that the
3944	adopted level-of-service standards will be achieved and
3945	maintained.
3946	(h)1.  In order to limit the liability of local
3947	governments, a local government may allow a landowner to proceed
3948	with development of a specific parcel of land notwithstanding a
3949	failure of the development to satisfy school concurrency, if all
3950	the following factors are shown to exist:
3951	a.  The proposed development would be consistent with the
3952	future land use designation for the specific property and with
3953	pertinent portions of the adopted local plan, as determined by
3954	the local government.
3955	b.  The local government's capital improvements element and
3956	the school board's educational facilities plan provide for
3957	school facilities adequate to serve the proposed development,
3958	and the local government or school board has not implemented
3959	that element or the project includes a plan that demonstrates
3960	that the capital facilities needed as a result of the project
3961	can be reasonably provided.
3962	c.  The local government and school board have provided a
3963	means by which the landowner will be assessed a proportionate
3964	share of the cost of providing the school facilities necessary
3965	to serve the proposed development.
3966	2.  Such amendments shall demonstrate that the public
3967	school capital facilities program meets all of the financial
3968	feasibility standards of this part and chapter 9J-5, Florida
3969	Administrative Code, that apply to capital programs which
3970	provide the basis for mandatory concurrency on other public
3971	facilities and services.
3972	3.  When the financial feasibility of a public school
3973	capital facilities program is evaluated by the state land
3974	planning agency for purposes of a compliance determination, the
3975	evaluation shall be based upon the service areas selected by the
3976	local governments and school board.
3977	2.(e)  Availability standard.-Consistent with the public
3978	welfare, If a local government applies school concurrency, it
3979	may not deny an application for site plan, final subdivision
3980	approval, or the functional equivalent for a development or
3981	phase of a development authorizing residential development for
3982	failure to achieve and maintain the level-of-service standard
3983	for public school capacity in a local school concurrency
3984	management system where adequate school facilities will be in
3985	place or under actual construction within 3 years after the
3986	issuance of final subdivision or site plan approval, or the
3987	functional equivalent. School concurrency is satisfied if the
3988	developer executes a legally binding commitment to provide
3989	mitigation proportionate to the demand for public school
3990	facilities to be created by actual development of the property,
3991	including, but not limited to, the options described in sub-
3992	subparagraph a. subparagraph 1. Options for proportionate-share
3993	mitigation of impacts on public school facilities must be
3994	established in the comprehensive plan public school facilities
3995	element and the interlocal agreement pursuant to s. 163.31777.
3996	a.1.  Appropriate mitigation options include the
3997	contribution of land; the construction, expansion, or payment
3998	for land acquisition or construction of a public school
3999	facility; the construction of a charter school that complies
4000	with the requirements of s. 1002.33(18); or the creation of
4001	mitigation banking based on the construction of a public school
4002	facility in exchange for the right to sell capacity credits.
4003	Such options must include execution by the applicant and the
4004	local government of a development agreement that constitutes a
4005	legally binding commitment to pay proportionate-share mitigation
4006	for the additional residential units approved by the local
4007	government in a development order and actually developed on the
4008	property, taking into account residential density allowed on the
4009	property prior to the plan amendment that increased the overall
4010	residential density. The district school board must be a party
4011	to such an agreement. As a condition of its entry into such a
4012	development agreement, the local government may require the
4013	landowner to agree to continuing renewal of the agreement upon
4014	its expiration.
4015	b.2.  If the interlocal agreement education facilities plan
4016	and the local government comprehensive plan public educational
4017	facilities element authorize a contribution of land; the
4018	construction, expansion, or payment for land acquisition; the
4019	construction or expansion of a public school facility, or a
4020	portion thereof; or the construction of a charter school that
4021	complies with the requirements of s. 1002.33(18), as
4022	proportionate-share mitigation, the local government shall
4023	credit such a contribution, construction, expansion, or payment
4024	toward any other impact fee or exaction imposed by local
4025	ordinance for the same need, on a dollar-for-dollar basis at
4026	fair market value.
4027	c.3.  Any proportionate-share mitigation must be directed
4028	by the school board toward a school capacity improvement
4029	identified in the a financially feasible 5-year school board's
4030	educational facilities district work plan that satisfies the
4031	demands created by the development in accordance with a binding
4032	developer's agreement.
4033	4.  If a development is precluded from commencing because
4034	there is inadequate classroom capacity to mitigate the impacts
4035	of the development, the development may nevertheless commence if
4036	there are accelerated facilities in an approved capital
4037	improvement element scheduled for construction in year four or
4038	later of such plan which, when built, will mitigate the proposed
4039	development, or if such accelerated facilities will be in the
4040	next annual update of the capital facilities element, the
4041	developer enters into a binding, financially guaranteed
4042	agreement with the school district to construct an accelerated
4043	facility within the first 3 years of an approved capital
4044	improvement plan, and the cost of the school facility is equal
4045	to or greater than the development's proportionate share. When
4046	the completed school facility is conveyed to the school
4047	district, the developer shall receive impact fee credits usable
4048	within the zone where the facility is constructed or any
4049	attendance zone contiguous with or adjacent to the zone where
4050	the facility is constructed.
4051	3.5.  This paragraph does not limit the authority of a
4052	local government to deny a development permit or its functional
4053	equivalent pursuant to its home rule regulatory powers, except
4054	as provided in this part.
4055	(i)(f)  Intergovernmental coordination.-
4056	1.  When establishing concurrency requirements for public
4057	schools, a local government shall satisfy the requirements for
4058	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4059	and 2., except that A municipality is not required to be a
4060	signatory to the interlocal agreement required by paragraph (j)
4061	ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4062	imposition of school concurrency, and as a nonsignatory, shall
4063	not participate in the adopted local school concurrency system,
4064	if the municipality meets all of the following criteria for
4065	having no significant impact on school attendance:
4066	1.a.  The municipality has issued development orders for
4067	fewer than 50 residential dwelling units during the preceding 5
4068	years, or the municipality has generated fewer than 25
4069	additional public school students during the preceding 5 years.
4070	2.b.  The municipality has not annexed new land during the
4071	preceding 5 years in land use categories which permit
4072	residential uses that will affect school attendance rates.
4073	3.c.  The municipality has no public schools located within
4074	its boundaries.
4075	4.d.  At least 80 percent of the developable land within
4076	the boundaries of the municipality has been built upon.
4077	2.  A municipality which qualifies as having no significant
4078	impact on school attendance pursuant to the criteria of
4079	subparagraph 1. must review and determine at the time of its
4080	evaluation and appraisal report pursuant to s. 163.3191 whether
4081	it continues to meet the criteria pursuant to s. 163.31777(6).
4082	If the municipality determines that it no longer meets the
4083	criteria, it must adopt appropriate school concurrency goals,
4084	objectives, and policies in its plan amendments based on the
4085	evaluation and appraisal report, and enter into the existing
4086	interlocal agreement required by ss. 163.3177(6)(h)2. and
4087	163.31777, in order to fully participate in the school
4088	concurrency system. If such a municipality fails to do so, it
4089	will be subject to the enforcement provisions of s. 163.3191.
4090	(j)(g)  Interlocal agreement for school concurrency.-When
4091	establishing concurrency requirements for public schools, a
4092	local government must enter into an interlocal agreement that
4093	satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4094	163.31777 and the requirements of this subsection. The
4095	interlocal agreement shall acknowledge both the school board's
4096	constitutional and statutory obligations to provide a uniform
4097	system of free public schools on a countywide basis, and the
4098	land use authority of local governments, including their
4099	authority to approve or deny comprehensive plan amendments and
4100	development orders. The interlocal agreement shall be submitted
4101	to the state land planning agency by the local government as a
4102	part of the compliance review, along with the other necessary
4103	amendments to the comprehensive plan required by this part. In
4104	addition to the requirements of ss. 163.3177(6)(h) and
4105	163.31777, The interlocal agreement shall meet the following
4106	requirements:
4107	1.  Establish the mechanisms for coordinating the
4108	development, adoption, and amendment of each local government's
4109	school concurrency related provisions of the comprehensive plan
4110	public school facilities element with each other and the plans
4111	of the school board to ensure a uniform districtwide school
4112	concurrency system.
4113	2.  Establish a process for the development of siting
4114	criteria which encourages the location of public schools
4115	proximate to urban residential areas to the extent possible and
4116	seeks to collocate schools with other public facilities such as
4117	parks, libraries, and community centers to the extent possible.
4118	2.3.  Specify uniform, districtwide level-of-service
4119	standards for public schools of the same type and the process
4120	for modifying the adopted level-of-service standards.
4121	4.  Establish a process for the preparation, amendment, and
4122	joint approval by each local government and the school board of
4123	a public school capital facilities program which is financially
4124	feasible, and a process and schedule for incorporation of the
4125	public school capital facilities program into the local
4126	government comprehensive plans on an annual basis.
4127	3.5.  Define the geographic application of school
4128	concurrency. If school concurrency is to be applied on a less
4129	than districtwide basis in the form of concurrency service
4130	areas, the agreement shall establish criteria and standards for
4131	the establishment and modification of school concurrency service
4132	areas. The agreement shall also establish a process and schedule
4133	for the mandatory incorporation of the school concurrency
4134	service areas and the criteria and standards for establishment
4135	of the service areas into the local government comprehensive
4136	plans. The agreement shall ensure maximum utilization of school
4137	capacity, taking into account transportation costs and court-
4138	approved desegregation plans, as well as other factors. The
4139	agreement shall also ensure the achievement and maintenance of
4140	the adopted level-of-service standards for the geographic area
4141	of application throughout the 5 years covered by the public
4142	school capital facilities plan and thereafter by adding a new
4143	fifth year during the annual update.
4144	4.6.  Establish a uniform districtwide procedure for
4145	implementing school concurrency which provides for:
4146	a.  The evaluation of development applications for
4147	compliance with school concurrency requirements, including
4148	information provided by the school board on affected schools,
4149	impact on levels of service, and programmed improvements for
4150	affected schools and any options to provide sufficient capacity;
4151	b.  An opportunity for the school board to review and
4152	comment on the effect of comprehensive plan amendments and
4153	rezonings on the public school facilities plan; and
4154	c.  The monitoring and evaluation of the school concurrency
4155	system.
4156	7.  Include provisions relating to amendment of the
4157	agreement.
4158	5.8.  A process and uniform methodology for determining
4159	proportionate-share mitigation pursuant to subparagraph (h)(e)1.
4160	(k)(h)  Local government authority.-This subsection does
4161	not limit the authority of a local government to grant or deny a
4162	development permit or its functional equivalent prior to the
4163	implementation of school concurrency.
4164	(14)  The state land planning agency shall, by October 1,
4165	1998, adopt by rule minimum criteria for the review and
4166	determination of compliance of a public school facilities
4167	element adopted by a local government for purposes of imposition
4168	of school concurrency.
4169	(15)(a)  Multimodal transportation districts may be
4170	established under a local government comprehensive plan in areas
4171	delineated on the future land use map for which the local
4172	comprehensive plan assigns secondary priority to vehicle
4173	mobility and primary priority to assuring a safe, comfortable,
4174	and attractive pedestrian environment, with convenient
4175	interconnection to transit. Such districts must incorporate
4176	community design features that will reduce the number of
4177	automobile trips or vehicle miles of travel and will support an
4178	integrated, multimodal transportation system. Prior to the
4179	designation of multimodal transportation districts, the
4180	Department of Transportation shall be consulted by the local
4181	government to assess the impact that the proposed multimodal
4182	district area is expected to have on the adopted level-of-
4183	service standards established for Strategic Intermodal System
4184	facilities, as defined in s. 339.64, and roadway facilities
4185	funded in accordance with s. 339.2819. Further, the local
4186	government shall, in cooperation with the Department of
4187	Transportation, develop a plan to mitigate any impacts to the
4188	Strategic Intermodal System, including the development of a
4189	long-term concurrency management system pursuant to subsection
4190	(9) and s. 163.3177(3)(d). Multimodal transportation districts
4191	existing prior to July 1, 2005, shall meet, at a minimum, the
4192	provisions of this section by July 1, 2006, or at the time of
4193	the comprehensive plan update pursuant to the evaluation and
4194	appraisal report, whichever occurs last.
4195	(b)  Community design elements of such a district include:
4196	a complementary mix and range of land uses, including
4197	educational, recreational, and cultural uses; interconnected
4198	networks of streets designed to encourage walking and bicycling,
4199	with traffic-calming where desirable; appropriate densities and
4200	intensities of use within walking distance of transit stops;
4201	daily activities within walking distance of residences, allowing
4202	independence to persons who do not drive; public uses, streets,
4203	and squares that are safe, comfortable, and attractive for the
4204	pedestrian, with adjoining buildings open to the street and with
4205	parking not interfering with pedestrian, transit, automobile,
4206	and truck travel modes.
4207	(c)  Local governments may establish multimodal level-of-
4208	service standards that rely primarily on nonvehicular modes of
4209	transportation within the district, when justified by an
4210	analysis demonstrating that the existing and planned community
4211	design will provide an adequate level of mobility within the
4212	district based upon professionally accepted multimodal level-of-
4213	service methodologies. The analysis must also demonstrate that
4214	the capital improvements required to promote community design
4215	are financially feasible over the development or redevelopment
4216	timeframe for the district and that community design features
4217	within the district provide convenient interconnection for a
4218	multimodal transportation system. Local governments may issue
4219	development permits in reliance upon all planned community
4220	design capital improvements that are financially feasible over
4221	the development or redevelopment timeframe for the district,
4222	without regard to the period of time between development or
4223	redevelopment and the scheduled construction of the capital
4224	improvements. A determination of financial feasibility shall be
4225	based upon currently available funding or funding sources that
4226	could reasonably be expected to become available over the
4227	planning period.
4228	(d)  Local governments may reduce impact fees or local
4229	access fees for development within multimodal transportation
4230	districts based on the reduction of vehicle trips per household
4231	or vehicle miles of travel expected from the development pattern
4232	planned for the district.
4233	(16)  It is the intent of the Legislature to provide a
4234	method by which the impacts of development on transportation
4235	facilities can be mitigated by the cooperative efforts of the
4236	public and private sectors. The methodology used to calculate
4237	proportionate fair-share mitigation under this section shall be
4238	as provided for in subsection (12).
4239	(a)  By December 1, 2006, each local government shall adopt
4240	by ordinance a methodology for assessing proportionate fair-
4241	share mitigation options. By December 1, 2005, the Department of
4242	Transportation shall develop a model transportation concurrency
4243	management ordinance with methodologies for assessing
4244	proportionate fair-share mitigation options.
4245	(b)1.  In its transportation concurrency management system,
4246	a local government shall, by December 1, 2006, include
4247	methodologies that will be applied to calculate proportionate
4248	fair-share mitigation. A developer may choose to satisfy all
4249	transportation concurrency requirements by contributing or
4250	paying proportionate fair-share mitigation if transportation
4251	facilities or facility segments identified as mitigation for
4252	traffic impacts are specifically identified for funding in the
4253	5-year schedule of capital improvements in the capital
4254	improvements element of the local plan or the long-term
4255	concurrency management system or if such contributions or
4256	payments to such facilities or segments are reflected in the 5-
4257	year schedule of capital improvements in the next regularly
4258	scheduled update of the capital improvements element. Updates to
4259	the 5-year capital improvements element which reflect
4260	proportionate fair-share contributions may not be found not in
4261	compliance based on ss. 163.3164(32) and 163.3177(3) if
4262	additional contributions, payments or funding sources are
4263	reasonably anticipated during a period not to exceed 10 years to
4264	fully mitigate impacts on the transportation facilities.
4265	2.  Proportionate fair-share mitigation shall be applied as
4266	a credit against impact fees to the extent that all or a portion
4267	of the proportionate fair-share mitigation is used to address
4268	the same capital infrastructure improvements contemplated by the
4269	local government's impact fee ordinance.
4270	(c)  Proportionate fair-share mitigation includes, without
4271	limitation, separately or collectively, private funds,
4272	contributions of land, and construction and contribution of
4273	facilities and may include public funds as determined by the
4274	local government. Proportionate fair-share mitigation may be
4275	directed toward one or more specific transportation improvements
4276	reasonably related to the mobility demands created by the
4277	development and such improvements may address one or more modes
4278	of travel. The fair market value of the proportionate fair-share
4279	mitigation shall not differ based on the form of mitigation. A
4280	local government may not require a development to pay more than
4281	its proportionate fair-share contribution regardless of the
4282	method of mitigation. Proportionate fair-share mitigation shall
4283	be limited to ensure that a development meeting the requirements
4284	of this section mitigates its impact on the transportation
4285	system but is not responsible for the additional cost of
4286	reducing or eliminating backlogs.
4287	(d)  This subsection does not require a local government to
4288	approve a development that is not otherwise qualified for
4289	approval pursuant to the applicable local comprehensive plan and
4290	land development regulations.
4291	(e)  Mitigation for development impacts to facilities on
4292	the Strategic Intermodal System made pursuant to this subsection
4293	requires the concurrence of the Department of Transportation.
4294	(f)  If the funds in an adopted 5-year capital improvements
4295	element are insufficient to fully fund construction of a
4296	transportation improvement required by the local government's
4297	concurrency management system, a local government and a
4298	developer may still enter into a binding proportionate-share
4299	agreement authorizing the developer to construct that amount of
4300	development on which the proportionate share is calculated if
4301	the proportionate-share amount in such agreement is sufficient
4302	to pay for one or more improvements which will, in the opinion
4303	of the governmental entity or entities maintaining the
4304	transportation facilities, significantly benefit the impacted
4305	transportation system. The improvements funded by the
4306	proportionate-share component must be adopted into the 5-year
4307	capital improvements schedule of the comprehensive plan at the
4308	next annual capital improvements element update. The funding of
4309	any improvements that significantly benefit the impacted
4310	transportation system satisfies concurrency requirements as a
4311	mitigation of the development's impact upon the overall
4312	transportation system even if there remains a failure of
4313	concurrency on other impacted facilities.
4314	(g)  Except as provided in subparagraph (b)1., this section
4315	may not prohibit the Department of Community Affairs from
4316	finding other portions of the capital improvements element
4317	amendments not in compliance as provided in this chapter.
4318	(h)  The provisions of this subsection do not apply to a
4319	development of regional impact satisfying the requirements of
4320	subsection (12).
4321	(i)  As used in this subsection, the term "backlog" means a
4322	facility or facilities on which the adopted level-of-service
4323	standard is exceeded by the existing trips, plus additional
4324	projected background trips from any source other than the
4325	development project under review that are forecast by
4326	established traffic standards, including traffic modeling,
4327	consistent with the University of Florida Bureau of Economic and
4328	Business Research medium population projections. Additional
4329	projected background trips are to be coincident with the
4330	particular stage or phase of development under review.
4331	(17)  A local government and the developer of affordable
4332	workforce housing units developed in accordance with s.
4333	380.06(19) or s. 380.0651(3) may identify an employment center
4334	or centers in close proximity to the affordable workforce
4335	housing units. If at least 50 percent of the units are occupied
4336	by an employee or employees of an identified employment center
4337	or centers, all of the affordable workforce housing units are
4338	exempt from transportation concurrency requirements, and the
4339	local government may not reduce any transportation trip-
4340	generation entitlements of an approved development-of-regional-
4341	impact development order. As used in this subsection, the term
4342	"close proximity" means 5 miles from the nearest point of the
4343	development of regional impact to the nearest point of the
4344	employment center, and the term "employment center" means a
4345	place of employment that employs at least 25 or more full-time
4346	employees.
4347	Section 15.  Section 163.3182, Florida Statutes, is amended
4348	to read:
4349	163.3182  Transportation deficiencies concurrency
4350	backlogs.-
4351	(1)  DEFINITIONS.-For purposes of this section, the term:
4352	(a)  "Transportation deficiency concurrency backlog area"
4353	means the geographic area within the unincorporated portion of a
4354	county or within the municipal boundary of a municipality
4355	designated in a local government comprehensive plan for which a
4356	transportation development concurrency backlog authority is
4357	created pursuant to this section. A transportation deficiency
4358	concurrency backlog area created within the corporate boundary
4359	of a municipality shall be made pursuant to an interlocal
4360	agreement between a county, a municipality or municipalities,
4361	and any affected taxing authority or authorities.
4362	(b)  "Authority" or "transportation development concurrency
4363	backlog authority" means the governing body of a county or
4364	municipality within which an authority is created.
4365	(c)  "Governing body" means the council, commission, or
4366	other legislative body charged with governing the county or
4367	municipality within which an a transportation concurrency
4368	backlog authority is created pursuant to this section.
4369	(d)  "Transportation deficiency concurrency backlog" means
4370	an identified need deficiency where the existing and projected
4371	extent of traffic volume exceeds the level of service standard
4372	adopted in a local government comprehensive plan for a
4373	transportation facility.
4374	(e)  "Transportation sufficiency concurrency backlog plan"
4375	means the plan adopted as part of a local government
4376	comprehensive plan by the governing body of a county or
4377	municipality acting as a transportation development concurrency
4378	backlog authority.
4379	(f)  "Transportation concurrency backlog project" means any
4380	designated transportation project identified for construction
4381	within the jurisdiction of a transportation development
4382	concurrency backlog authority.
4383	(g)  "Debt service millage" means any millage levied
4384	pursuant to s. 12, Art. VII of the State Constitution.
4385	(h)  "Increment revenue" means the amount calculated
4386	pursuant to subsection (5).
4387	(i)  "Taxing authority" means a public body that levies or
4388	is authorized to levy an ad valorem tax on real property located
4389	within a transportation deficiency concurrency backlog area,
4390	except a school district.
4391	(2)  CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4392	BACKLOG AUTHORITIES.-
4393	(a)  A county or municipality may create a transportation
4394	development concurrency backlog authority if it has an
4395	identified transportation deficiency concurrency backlog.
4396	(b)  Acting as the transportation development concurrency
4397	backlog authority within the authority's jurisdictional
4398	boundary, the governing body of a county or municipality shall
4399	adopt and implement a plan to eliminate all identified
4400	transportation deficiencies concurrency backlogs within the
4401	authority's jurisdiction using funds provided pursuant to
4402	subsection (5) and as otherwise provided pursuant to this
4403	section.
4404	(c)  The Legislature finds and declares that there exist in
4405	many counties and municipalities areas that have significant
4406	transportation deficiencies and inadequate transportation
4407	facilities; that many insufficiencies and inadequacies severely
4408	limit or prohibit the satisfaction of transportation level of
4409	service concurrency standards; that the transportation
4410	insufficiencies and inadequacies affect the health, safety, and
4411	welfare of the residents of these counties and municipalities;
4412	that the transportation insufficiencies and inadequacies
4413	adversely affect economic development and growth of the tax base
4414	for the areas in which these insufficiencies and inadequacies
4415	exist; and that the elimination of transportation deficiencies
4416	and inadequacies and the satisfaction of transportation
4417	concurrency standards are paramount public purposes for the
4418	state and its counties and municipalities.
4419	(3)  POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4420	BACKLOG AUTHORITY.-Each transportation development concurrency
4421	backlog authority created pursuant to this section has the
4422	powers necessary or convenient to carry out the purposes of this
4423	section, including the following powers in addition to others
4424	granted in this section:
4425	(a)  To make and execute contracts and other instruments
4426	necessary or convenient to the exercise of its powers under this
4427	section.
4428	(b)  To undertake and carry out transportation concurrency
4429	backlog projects for transportation facilities designed to
4430	relieve transportation deficiencies that have a concurrency
4431	backlog within the authority's jurisdiction. Transportation
4432	Concurrency backlog projects may include transportation
4433	facilities that provide for alternative modes of travel
4434	including sidewalks, bikeways, and mass transit which are
4435	related to a deficient backlogged transportation facility.
4436	(c)  To invest any transportation concurrency backlog funds
4437	held in reserve, sinking funds, or any such funds not required
4438	for immediate disbursement in property or securities in which
4439	savings banks may legally invest funds subject to the control of
4440	the authority and to redeem such bonds as have been issued
4441	pursuant to this section at the redemption price established
4442	therein, or to purchase such bonds at less than redemption
4443	price. All such bonds redeemed or purchased shall be canceled.
4444	(d)  To borrow money, including, but not limited to,
4445	issuing debt obligations such as, but not limited to, bonds,
4446	notes, certificates, and similar debt instruments; to apply for
4447	and accept advances, loans, grants, contributions, and any other
4448	forms of financial assistance from the Federal Government or the
4449	state, county, or any other public body or from any sources,
4450	public or private, for the purposes of this part; to give such
4451	security as may be required; to enter into and carry out
4452	contracts or agreements; and to include in any contracts for
4453	financial assistance with the Federal Government for or with
4454	respect to a transportation concurrency backlog project and
4455	related activities such conditions imposed under federal laws as
4456	the transportation development concurrency backlog authority
4457	considers reasonable and appropriate and which are not
4458	inconsistent with the purposes of this section.
4459	(e)  To make or have made all surveys and plans necessary
4460	to the carrying out of the purposes of this section; to contract
4461	with any persons, public or private, in making and carrying out
4462	such plans; and to adopt, approve, modify, or amend such
4463	transportation sufficiency concurrency backlog plans.
4464	(f)  To appropriate such funds and make such expenditures
4465	as are necessary to carry out the purposes of this section, and
4466	to enter into agreements with other public bodies, which
4467	agreements may extend over any period notwithstanding any
4468	provision or rule of law to the contrary.
4469	(4)  TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.-
4470	(a)  Each transportation development concurrency backlog
4471	authority shall adopt a transportation sufficiency concurrency
4472	backlog plan as a part of the local government comprehensive
4473	plan within 6 months after the creation of the authority. The
4474	plan must:
4475	(a)1.  Identify all transportation facilities that have
4476	been designated as deficient and require the expenditure of
4477	moneys to upgrade, modify, or mitigate the deficiency.
4478	(b)2.  Include a priority listing of all transportation
4479	facilities that have been designated as deficient and do not
4480	satisfy concurrency requirements pursuant to s. 163.3180, and
4481	the applicable local government comprehensive plan.
4482	(c)3.  Establish a schedule for financing and construction
4483	of transportation concurrency backlog projects that will
4484	eliminate transportation deficiencies concurrency backlogs
4485	within the jurisdiction of the authority within 10 years after
4486	the transportation sufficiency concurrency backlog plan
4487	adoption. The schedule shall be adopted as part of the local
4488	government comprehensive plan.
4489	(b)  The adoption of the transportation concurrency backlog
4490	plan shall be exempt from the provisions of s. 163.3187(1).
4491
4492	Notwithstanding such schedule requirements, as long as the
4493	schedule provides for the elimination of all transportation
4494	deficiencies concurrency backlogs within 10 years after the
4495	adoption of the transportation sufficiency concurrency backlog
4496	plan, the final maturity date of any debt incurred to finance or
4497	refinance the related projects may be no later than 40 years
4498	after the date the debt is incurred and the authority may
4499	continue operations and administer the trust fund established as
4500	provided in subsection (5) for as long as the debt remains
4501	outstanding.
4502	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
4503	development concurrency backlog authority shall establish a
4504	local transportation concurrency backlog trust fund upon
4505	creation of the authority. Each local trust fund shall be
4506	administered by the transportation development concurrency
4507	backlog authority within which a transportation deficiencies
4508	have concurrency backlog has been identified. Each local trust
4509	fund must continue to be funded under this section for as long
4510	as the projects set forth in the related transportation
4511	sufficiency concurrency backlog plan remain to be completed or
4512	until any debt incurred to finance or refinance the related
4513	projects is no longer outstanding, whichever occurs later.
4514	Beginning in the first fiscal year after the creation of the
4515	authority, each local trust fund shall be funded by the proceeds
4516	of an ad valorem tax increment collected within each
4517	transportation deficiency concurrency backlog area to be
4518	determined annually and shall be a minimum of 25 percent of the
4519	difference between the amounts set forth in paragraphs (a) and
4520	(b), except that if all of the affected taxing authorities agree
4521	under an interlocal agreement, a particular local trust fund may
4522	be funded by the proceeds of an ad valorem tax increment greater
4523	than 25 percent of the difference between the amounts set forth
4524	in paragraphs (a) and (b):
4525	(a)  The amount of ad valorem tax levied each year by each
4526	taxing authority, exclusive of any amount from any debt service
4527	millage, on taxable real property contained within the
4528	jurisdiction of the transportation development concurrency
4529	backlog authority and within the transportation deficiency
4530	backlog area; and
4531	(b)  The amount of ad valorem taxes which would have been
4532	produced by the rate upon which the tax is levied each year by
4533	or for each taxing authority, exclusive of any debt service
4534	millage, upon the total of the assessed value of the taxable
4535	real property within the transportation deficiency concurrency
4536	backlog area as shown on the most recent assessment roll used in
4537	connection with the taxation of such property of each taxing
4538	authority prior to the effective date of the ordinance funding
4539	the trust fund.
4540	(6)  EXEMPTIONS.-
4541	(a)  The following public bodies or taxing authorities are
4542	exempt from the provisions of this section:
4543	1.  A special district that levies ad valorem taxes on
4544	taxable real property in more than one county.
4545	2.  A special district for which the sole available source
4546	of revenue is the authority to levy ad valorem taxes at the time
4547	an ordinance is adopted under this section. However, revenues or
4548	aid that may be dispensed or appropriated to a district as
4549	defined in s. 388.011 at the discretion of an entity other than
4550	such district shall not be deemed available.
4551	3.  A library district.
4552	4.  A neighborhood improvement district created under the
4553	Safe Neighborhoods Act.
4554	5.  A metropolitan transportation authority.
4555	6.  A water management district created under s. 373.069.
4556	7.  A community redevelopment agency.
4557	(b)  A transportation development concurrency exemption
4558	authority may also exempt from this section a special district
4559	that levies ad valorem taxes within the transportation
4560	deficiency concurrency backlog area pursuant to s.
4561	163.387(2)(d).
4562	(7)  TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption
4563	of a transportation sufficiency concurrency backlog plan as a
4564	part of the local government comprehensive plan, and the plan
4565	going into effect, the area subject to the plan shall be deemed
4566	to have achieved and maintained transportation level-of-service
4567	standards, and to have met requirements for financial
4568	feasibility for transportation facilities, and for the purpose
4569	of proposed development transportation concurrency has been
4570	satisfied. Proportionate fair-share mitigation shall be limited
4571	to ensure that a development inside a transportation deficiency
4572	concurrency backlog area is not responsible for the additional
4573	costs of eliminating deficiencies backlogs.
4574	(8)  DISSOLUTION.-Upon completion of all transportation
4575	concurrency backlog projects identified in the transportation
4576	sufficiency plan and repayment or defeasance of all debt issued
4577	to finance or refinance such projects, a transportation
4578	development concurrency backlog authority shall be dissolved,
4579	and its assets and liabilities transferred to the county or
4580	municipality within which the authority is located. All
4581	remaining assets of the authority must be used for
4582	implementation of transportation projects within the
4583	jurisdiction of the authority. The local government
4584	comprehensive plan shall be amended to remove the transportation
4585	concurrency backlog plan.
4586	Section 16.  Section 163.3184, Florida Statutes, is amended
4587	to read:
4588	163.3184  Process for adoption of comprehensive plan or
4589	plan amendment.-
4590	(1)  DEFINITIONS.-As used in this section, the term:
4591	(a)  "Affected person" includes the affected local
4592	government; persons owning property, residing, or owning or
4593	operating a business within the boundaries of the local
4594	government whose plan is the subject of the review; owners of
4595	real property abutting real property that is the subject of a
4596	proposed change to a future land use map; and adjoining local
4597	governments that can demonstrate that the plan or plan amendment
4598	will produce substantial impacts on the increased need for
4599	publicly funded infrastructure or substantial impacts on areas
4600	designated for protection or special treatment within their
4601	jurisdiction. Each person, other than an adjoining local
4602	government, in order to qualify under this definition, shall
4603	also have submitted oral or written comments, recommendations,
4604	or objections to the local government during the period of time
4605	beginning with the transmittal hearing for the plan or plan
4606	amendment and ending with the adoption of the plan or plan
4607	amendment.
4608	(b)  "In compliance" means consistent with the requirements
4609	of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4610	163.3248 with the state comprehensive plan, with the appropriate
4611	strategic regional policy plan, and with chapter 9J-5, Florida
4612	Administrative Code, where such rule is not inconsistent with
4613	this part and with the principles for guiding development in
4614	designated areas of critical state concern and with part III of
4615	chapter 369, where applicable.
4616	(c)  "Reviewing agencies" means:
4617	1.  The state land planning agency;
4618	2.  The appropriate regional planning council;
4619	3.  The appropriate water management district;
4620	4.  The Department of Environmental Protection;
4621	5.  The Department of State;
4622	6.  The Department of Transportation;
4623	7.  In the case of plan amendments relating to public
4624	schools, the Department of Education;
4625	8.  In the case of plans or plan amendments that affect a
4626	military installation listed in s. 163.3175, the commanding
4627	officer of the affected military installation;
4628	9.  In the case of county plans and plan amendments, the
4629	Fish and Wildlife Conservation Commission and the Department of
4630	Agriculture and Consumer Services; and
4631	10.  In the case of municipal plans and plan amendments,
4632	the county in which the municipality is located.
4633	(2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
4634	(a)  Plan amendments adopted by local governments shall
4635	follow the expedited state review process in subsection (3),
4636	except as set forth in paragraphs (b) and (c).
4637	(b)  Plan amendments that qualify as small-scale
4638	development amendments may follow the small-scale review process
4639	in s. 163.3187.
4640	(c)  Plan amendments that are in an area of critical state
4641	concern designated pursuant to s. 380.05; propose a rural land
4642	stewardship area pursuant to s. 163.3248; propose a sector plan
4643	pursuant to s. 163.3245; update a comprehensive plan based on an
4644	evaluation and appraisal pursuant to s. 163.3191; or are new
4645	plans for newly incorporated municipalities adopted pursuant to
4646	s. 163.3167 shall follow the state coordinated review process in
4647	subsection (4).
4648	(3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
4649	COMPREHENSIVE PLAN AMENDMENTS.-
4650	(a)  The process for amending a comprehensive plan
4651	described in this subsection shall apply to all amendments
4652	except as provided in paragraphs (2)(b) and (c) and shall be
4653	applicable statewide.
4654	(b)1.  The local government, after the initial public
4655	hearing held pursuant to subsection (11), shall immediately
4656	transmit the amendment or amendments and appropriate supporting
4657	data and analyses to the reviewing agencies. The local governing
4658	body shall also transmit a copy of the amendments and supporting
4659	data and analyses to any other local government or governmental
4660	agency that has filed a written request with the governing body.
4661	2.  The reviewing agencies and any other local government
4662	or governmental agency specified in subparagraph 1. may provide
4663	comments regarding the amendment or amendments to the local
4664	government. State agencies shall only comment on important state
4665	resources and facilities that will be adversely impacted by the
4666	amendment if adopted. Comments provided by state agencies shall
4667	state with specificity how the plan amendment will adversely
4668	impact an important state resource or facility and shall
4669	identify measures the local government may take to eliminate,
4670	reduce, or mitigate the adverse impacts. Such comments, if not
4671	resolved, may result in a challenge by the state land planning
4672	agency to the plan amendment. Agencies and local governments
4673	must transmit their comments to the affected local government
4674	such that they are received by the local government not later
4675	than 30 days from the date on which the agency or government
4676	received the amendment or amendments. Reviewing agencies shall
4677	also send a copy of their comments to the state land planning
4678	agency.
4679	3.  Comments to the local government from a regional
4680	planning council, county, or municipality shall be limited as
4681	follows:
4682	a.  The regional planning council review and comments shall
4683	be limited to adverse effects on regional resources or
4684	facilities identified in the strategic regional policy plan and
4685	extrajurisdictional impacts that would be inconsistent with the
4686	comprehensive plan of any affected local government within the
4687	region. A regional planning council shall not review and comment
4688	on a proposed comprehensive plan amendment prepared by such
4689	council unless the plan amendment has been changed by the local
4690	government subsequent to the preparation of the plan amendment
4691	by the regional planning council.
4692	b.  County comments shall be in the context of the
4693	relationship and effect of the proposed plan amendments on the
4694	county plan.
4695	c.  Municipal comments shall be in the context of the
4696	relationship and effect of the proposed plan amendments on the
4697	municipal plan.
4698	d. Military installation comments shall be provided in
4699	accordance with s. 163.3175.
4700	4.  Comments to the local government from state agencies
4701	shall be limited to the following subjects as they relate to
4702	important state resources and facilities that will be adversely
4703	impacted by the amendment if adopted:
4704	a.  The Department of Environmental Protection shall limit
4705	its comments to the subjects of air and water pollution, solid
4706	waste, sewage, drinking water, state parks, greenways and
4707	trails, state-owned lands, and wetlands.
4708	b.  The Department of State shall limit its comments to the
4709	subjects of historic and archeological resources.
4710	c.  The Department of Transportation shall limit its
4711	comments to the subject of the strategic intermodal system.
4712	d.  The Fish and Wildlife Conservation Commission shall
4713	limit its comments to subjects relating to fish and wildlife
4714	habitat and listed species and their habitat.
4715	e.  The Department of Agriculture and Consumer Services
4716	shall limit its comments to the subjects of agriculture,
4717	forestry, and aquaculture issues.
4718	f.  The Department of Education shall limit its comments to
4719	the subject of public school facilities.
4720	g.  The appropriate water management district shall limit
4721	its comments to the subjects of wellfields, the regional water
4722	supply plan, and wetlands where the Department of Environmental
4723	Protection has delegated such authority.
4724	h.  The state land planning agency shall limit its comments
4725	to important state resources and facilities outside the
4726	jurisdiction of other commenting state agencies and may include
4727	comments on countervailing planning policies and objectives
4728	served by the plan amendment that should be balanced against
4729	potential adverse impacts to important state resources and
4730	facilities.
4731	(c)1.  The local government shall hold its second public
4732	hearing, which shall be a hearing on whether to adopt one or
4733	more comprehensive plan amendments pursuant to subsection (11).
4734	If the local government fails, within 180 days after receipt of
4735	agency comments, to hold the second public hearing, the
4736	amendments shall be deemed withdrawn.
4737	2.  All comprehensive plan amendments adopted by the
4738	governing body, along with the supporting data and analysis,
4739	shall be transmitted within 10 days after the second public
4740	hearing to the state land planning agency and any other agency
4741	or local government that provided timely comments under
4742	subsection (3)(b)2.
4743	3.  The state land planning agency shall notify the local
4744	government of any deficiencies within 5 working days of receipt
4745	of an amendment package. For purposes of completeness, an
4746	amendment shall be deemed complete if it contains a full,
4747	executed copy of the adoption ordinance or ordinances; in the
4748	case of a text amendment, a full copy of the amended language in
4749	legislative format with new words inserted in the text
4750	underlined, and words deleted stricken with hyphens; in the case
4751	of a future land use map amendment, a copy of the future land
4752	use map clearly depicting the parcel, its existing future land
4753	use designation, and its adopted designation; and a copy of any
4754	data and analyses the local government deems appropriate.
4755	4.  An amendment adopted under the provisions of this
4756	paragraph shall not become effective until 31 days after the
4757	state land planning agency notifies the local government that
4758	the plan amendment package is complete. If timely challenged, an
4759	amendment shall not become effective until the state land
4760	planning agency or the Administration Commission enters a final
4761	order determining the adopted amendment to be in compliance.
4762	(4)  STATE COORDINATED REVIEW PROCESS.-
4763	(a)(2)  Coordination.-The state land planning agency shall
4764	only use the state coordinated review process described in this
4765	subsection for review of comprehensive plans and plan amendments
4766	described in paragraph (2)(c). Each comprehensive plan or plan
4767	amendment proposed to be adopted pursuant to this subsection
4768	part shall be transmitted, adopted, and reviewed in the manner
4769	prescribed in this subsection section. The state land planning
4770	agency shall have responsibility for plan review, coordination,
4771	and the preparation and transmission of comments, pursuant to
4772	this subsection section, to the local governing body responsible
4773	for the comprehensive plan or plan amendment. The state land
4774	planning agency shall maintain a single file concerning any
4775	proposed or adopted plan amendment submitted by a local
4776	government for any review under this section. Copies of all
4777	correspondence, papers, notes, memoranda, and other documents
4778	received or generated by the state land planning agency must be
4779	placed in the appropriate file. Paper copies of all electronic
4780	mail correspondence must be placed in the file. The file and its
4781	contents must be available for public inspection and copying as
4782	provided in chapter 119.
4783	(b)(3)  Local government transmittal of proposed plan or
4784	amendment.-
4785	(a)  Each local governing body proposing a plan or plan
4786	amendment specified in paragraph (2)(c) shall transmit the
4787	complete proposed comprehensive plan or plan amendment to the
4788	reviewing agencies state land planning agency, the appropriate
4789	regional planning council and water management district, the
4790	Department of Environmental Protection, the Department of State,
4791	and the Department of Transportation, and, in the case of
4792	municipal plans, to the appropriate county, and, in the case of
4793	county plans, to the Fish and Wildlife Conservation Commission
4794	and the Department of Agriculture and Consumer Services,
4795	immediately following the first a public hearing pursuant to
4796	subsection (11). The transmitted document shall clearly indicate
4797	on the cover sheet that this plan amendment is subject to the
4798	state coordinated review process of s. 163.3184(4)(15) as
4799	specified in the state land planning agency's procedural rules.
4800	The local governing body shall also transmit a copy of the
4801	complete proposed comprehensive plan or plan amendment to any
4802	other unit of local government or government agency in the state
4803	that has filed a written request with the governing body for the
4804	plan or plan amendment. The local government may request a
4805	review by the state land planning agency pursuant to subsection
4806	(6) at the time of the transmittal of an amendment.
4807	(b)  A local governing body shall not transmit portions of
4808	a plan or plan amendment unless it has previously provided to
4809	all state agencies designated by the state land planning agency
4810	a complete copy of its adopted comprehensive plan pursuant to
4811	subsection (7) and as specified in the agency's procedural
4812	rules. In the case of comprehensive plan amendments, the local
4813	governing body shall transmit to the state land planning agency,
4814	the appropriate regional planning council and water management
4815	district, the Department of Environmental Protection, the
4816	Department of State, and the Department of Transportation, and,
4817	in the case of municipal plans, to the appropriate county and,
4818	in the case of county plans, to the Fish and Wildlife
4819	Conservation Commission and the Department of Agriculture and
4820	Consumer Services the materials specified in the state land
4821	planning agency's procedural rules and, in cases in which the
4822	plan amendment is a result of an evaluation and appraisal report
4823	adopted pursuant to s. 163.3191, a copy of the evaluation and
4824	appraisal report. Local governing bodies shall consolidate all
4825	proposed plan amendments into a single submission for each of
4826	the two plan amendment adoption dates during the calendar year
4827	pursuant to s. 163.3187.
4828	(c)  A local government may adopt a proposed plan amendment
4829	previously transmitted pursuant to this subsection, unless
4830	review is requested or otherwise initiated pursuant to
4831	subsection (6).
4832	(d)  In cases in which a local government transmits
4833	multiple individual amendments that can be clearly and legally
4834	separated and distinguished for the purpose of determining
4835	whether to review the proposed amendment, and the state land
4836	planning agency elects to review several or a portion of the
4837	amendments and the local government chooses to immediately adopt
4838	the remaining amendments not reviewed, the amendments
4839	immediately adopted and any reviewed amendments that the local
4840	government subsequently adopts together constitute one amendment
4841	cycle in accordance with s. 163.3187(1).
4842	(e)  At the request of an applicant, a local government
4843	shall consider an application for zoning changes that would be
4844	required to properly enact the provisions of any proposed plan
4845	amendment transmitted pursuant to this subsection. Zoning
4846	changes approved by the local government are contingent upon the
4847	comprehensive plan or plan amendment transmitted becoming
4848	effective.
4849	(c)(4)  Reviewing agency comments INTERGOVERNMENTAL
4850	REVIEW.-The governmental agencies specified in subparagraph
4851	(4)(b) may paragraph (3)(a) shall provide comments regarding the
4852	plan or plan amendments in accordance with subparagraph
4853	(3)(b)2.-4. However, comments on plans or plan amendments
4854	required to be reviewed under the state coordinated review
4855	process shall be sent to the state land planning agency within
4856	30 days after receipt by the state land planning agency of the
4857	complete proposed plan or plan amendment from the local
4858	government. If the state land planning agency comments on a plan
4859	or plan amendment adopted under the state coordinated review
4860	process, it shall provide comments according to paragraph (d).
4861	Any other unit of local government or government agency
4862	specified in subparagraph (4)(b) may provide comments to the
4863	state land planning agency in accordance with subparagraphs
4864	(3)(b)2.-4. within 30 days after receipt by the state land
4865	planning agency of the complete proposed plan or plan amendment.
4866	If the plan or plan amendment includes or relates to the public
4867	school facilities element pursuant to s. 163.3177(12), the state
4868	land planning agency shall submit a copy to the Office of
4869	Educational Facilities of the Commissioner of Education for
4870	review and comment. The appropriate regional planning council
4871	shall also provide its written comments to the state land
4872	planning agency within 30 days after receipt by the state land
4873	planning agency of the complete proposed plan amendment and
4874	shall specify any objections, recommendations for modifications,
4875	and comments of any other regional agencies to which the
4876	regional planning council may have referred the proposed plan
4877	amendment. Written comments submitted by the public shall be
4878	sent directly to the local government within 30 days after
4879	notice of transmittal by the local government of the proposed
4880	plan amendment will be considered as if submitted by
4881	governmental agencies. All written agency and public comments
4882	must be made part of the file maintained under subsection (2).
4883	(5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of
4884	the regional planning council pursuant to subsection (4) shall
4885	be limited to effects on regional resources or facilities
4886	identified in the strategic regional policy plan and
4887	extrajurisdictional impacts which would be inconsistent with the
4888	comprehensive plan of the affected local government. However,
4889	any inconsistency between a local plan or plan amendment and a
4890	strategic regional policy plan must not be the sole basis for a
4891	notice of intent to find a local plan or plan amendment not in
4892	compliance with this act. A regional planning council shall not
4893	review and comment on a proposed comprehensive plan it prepared
4894	itself unless the plan has been changed by the local government
4895	subsequent to the preparation of the plan by the regional
4896	planning agency. The review of the county land planning agency
4897	pursuant to subsection (4) shall be primarily in the context of
4898	the relationship and effect of the proposed plan amendment on
4899	any county comprehensive plan element. Any review by
4900	municipalities will be primarily in the context of the
4901	relationship and effect on the municipal plan.
4902	(d)(6)  State land planning agency review.-
4903	(a)  The state land planning agency shall review a proposed
4904	plan amendment upon request of a regional planning council,
4905	affected person, or local government transmitting the plan
4906	amendment. The request from the regional planning council or
4907	affected person must be received within 30 days after
4908	transmittal of the proposed plan amendment pursuant to
4909	subsection (3). A regional planning council or affected person
4910	requesting a review shall do so by submitting a written request
4911	to the agency with a notice of the request to the local
4912	government and any other person who has requested notice.
4913	(b)  The state land planning agency may review any proposed
4914	plan amendment regardless of whether a request for review has
4915	been made, if the agency gives notice to the local government,
4916	and any other person who has requested notice, of its intention
4917	to conduct such a review within 35 days after receipt of the
4918	complete proposed plan amendment.
4919	1.(c)  The state land planning agency shall establish by
4920	rule a schedule for receipt of comments from the various
4921	government agencies, as well as written public comments,
4922	pursuant to subsection (4). If the state land planning agency
4923	elects to review a plan or plan the amendment or the agency is
4924	required to review the amendment as specified in paragraph
4925	(2)(c)(a), the agency shall issue a report giving its
4926	objections, recommendations, and comments regarding the proposed
4927	plan or plan amendment within 60 days after receipt of the
4928	complete proposed plan or plan amendment by the state land
4929	planning agency. Notwithstanding the limitation on comments in
4930	sub-subparagraph (3)(b)4.g., the state land planning agency may
4931	make objections, recommendations, and comments in its report
4932	regarding whether the plan or plan amendment is in compliance
4933	and whether the plan or plan amendment will adversely impact
4934	important state resources and facilities. In making objections
4935	as to whether a plan or plan amendment is in compliance, the
4936	state land planning agency shall consider the plan or plan
4937	amendment as a whole and whether the intent of this part is
4938	furthered by the plan or plan amendment. In making objections
4939	regarding an important state resource or facility that will be
4940	adversely impacted by the adopted plan or plan amendment, the
4941	state land planning agency shall only make an objection if on
4942	the whole the plan or plan amendment's adverse impacts to the
4943	important state resource or facility outweigh the plan or plan
4944	amendment's benefits to the affected local community or the
4945	amendment's furtherance of the intent of this part. Any
4946	objection regarding an important state resource or facility that
4947	will be adversely impacted by the adopted plan or plan amendment
4948	shall also state with specificity how the plan or plan amendment
4949	will adversely impact the important state resource or facility
4950	and shall identify measures the local government may take to
4951	eliminate, reduce, or mitigate the adverse impacts. When a
4952	federal, state, or regional agency has implemented a permitting
4953	program, the state land planning agency shall not require a
4954	local government is not required to duplicate or exceed that
4955	permitting program in its comprehensive plan or to implement
4956	such a permitting program in its land development regulations.
4957	Nothing contained herein shall prohibit the state land planning
4958	agency in conducting its review of local plans or plan
4959	amendments from making objections, recommendations, and comments
4960	or making compliance determinations regarding densities and
4961	intensities consistent with the provisions of this part. In
4962	preparing its comments, the state land planning agency shall
4963	only base its considerations on written, and not oral, comments,
4964	from any source.
4965	2.(d)  The state land planning agency review shall identify
4966	all written communications with the agency regarding the
4967	proposed plan amendment. If the state land planning agency does
4968	not issue such a review, it shall identify in writing to the
4969	local government all written communications received 30 days
4970	after transmittal. The written identification must include a
4971	list of all documents received or generated by the agency, which
4972	list must be of sufficient specificity to enable the documents
4973	to be identified and copies requested, if desired, and the name
4974	of the person to be contacted to request copies of any
4975	identified document. The list of documents must be made a part
4976	of the public records of the state land planning agency.
4977	(e)(7)  Local government review of comments; adoption of
4978	plan or amendments and transmittal.-
4979	(a)  The local government shall review the report written
4980	comments submitted to it by the state land planning agency, if
4981	any, and written comments submitted to it by any other person,
4982	agency, or government. Any comments, recommendations, or
4983	objections and any reply to them shall be public documents, a
4984	part of the permanent record in the matter, and admissible in
4985	any proceeding in which the comprehensive plan or plan amendment
4986	may be at issue. The local government, upon receipt of the
4987	report written comments from the state land planning agency,
4988	shall follow the process in paragraph (3)(c) for the adoption of
4989	its plan or plan amendment. shall have 120 days to adopt or
4990	adopt with changes the proposed comprehensive plan or s.
4991	163.3191 plan amendments. In the case of comprehensive plan
4992	amendments other than those proposed pursuant to s. 163.3191,
4993	the local government shall have 60 days to adopt the amendment,
4994	adopt the amendment with changes, or determine that it will not
4995	adopt the amendment. The adoption of the proposed plan or plan
4996	amendment or the determination not to adopt a plan amendment,
4997	other than a plan amendment proposed pursuant to s. 163.3191,
4998	shall be made in the course of a public hearing pursuant to
4999	subsection (15). The local government shall transmit the
5000	complete adopted comprehensive plan or plan amendment, including
5001	the names and addresses of persons compiled pursuant to
5002	paragraph (15)(c), to the state land planning agency as
5003	specified in the agency's procedural rules within 10 working
5004	days after adoption. The local governing body shall also
5005	transmit a copy of the adopted comprehensive plan or plan
5006	amendment to the regional planning agency and to any other unit
5007	of local government or governmental agency in the state that has
5008	filed a written request with the governing body for a copy of
5009	the plan or plan amendment.
5010	(b)  If the adopted plan amendment is unchanged from the
5011	proposed plan amendment transmitted pursuant to subsection (3)
5012	and an affected person as defined in paragraph (1)(a) did not
5013	raise any objection, the state land planning agency did not
5014	review the proposed plan amendment, and the state land planning
5015	agency did not raise any objections during its review pursuant
5016	to subsection (6), the local government may state in the
5017	transmittal letter that the plan amendment is unchanged and was
5018	not the subject of objections.
5019	(8)  NOTICE OF INTENT.-
5020	(a)  If the transmittal letter correctly states that the
5021	plan amendment is unchanged and was not the subject of review or
5022	objections pursuant to paragraph (7)(b), the state land planning
5023	agency has 20 days after receipt of the transmittal letter
5024	within which to issue a notice of intent that the plan amendment
5025	is in compliance.
5026	(b)  Except as provided in paragraph (a) or in s.
5027	163.3187(3), the state land planning agency, upon receipt of a
5028	local government's complete adopted comprehensive plan or plan
5029	amendment, shall have 45 days for review and to determine if the
5030	plan or plan amendment is in compliance with this act, unless
5031	the amendment is the result of a compliance agreement entered
5032	into under subsection (16), in which case the time period for
5033	review and determination shall be 30 days. If review was not
5034	conducted under subsection (6), the agency's determination must
5035	be based upon the plan amendment as adopted. If review was
5036	conducted under subsection (6), the agency's determination of
5037	compliance must be based only upon one or both of the following:
5038	1.  The state land planning agency's written comments to
5039	the local government pursuant to subsection (6); or
5040	2.  Any changes made by the local government to the
5041	comprehensive plan or plan amendment as adopted.
5042	(c)1.  During the time period provided for in this
5043	subsection, the state land planning agency shall issue, through
5044	a senior administrator or the secretary, as specified in the
5045	agency's procedural rules, a notice of intent to find that the
5046	plan or plan amendment is in compliance or not in compliance. A
5047	notice of intent shall be issued by publication in the manner
5048	provided by this paragraph and by mailing a copy to the local
5049	government. The advertisement shall be placed in that portion of
5050	the newspaper where legal notices appear. The advertisement
5051	shall be published in a newspaper that meets the size and
5052	circulation requirements set forth in paragraph (15)(e) and that
5053	has been designated in writing by the affected local government
5054	at the time of transmittal of the amendment. Publication by the
5055	state land planning agency of a notice of intent in the
5056	newspaper designated by the local government shall be prima
5057	facie evidence of compliance with the publication requirements
5058	of this section. The state land planning agency shall post a
5059	copy of the notice of intent on the agency's Internet site. The
5060	agency shall, no later than the date the notice of intent is
5061	transmitted to the newspaper, send by regular mail a courtesy
5062	informational statement to persons who provide their names and
5063	addresses to the local government at the transmittal hearing or
5064	at the adoption hearing where the local government has provided
5065	the names and addresses of such persons to the department at the
5066	time of transmittal of the adopted amendment. The informational
5067	statements shall include the name of the newspaper in which the
5068	notice of intent will appear, the approximate date of
5069	publication, the ordinance number of the plan or plan amendment,
5070	and a statement that affected persons have 21 days after the
5071	actual date of publication of the notice to file a petition.
5072	2.  A local government that has an Internet site shall post
5073	a copy of the state land planning agency's notice of intent on
5074	the site within 5 days after receipt of the mailed copy of the
5075	agency's notice of intent.
5076	(9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.-
5077	(a)  If the state land planning agency issues a notice of
5078	intent to find that the comprehensive plan or plan amendment
5079	transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5080	or s. 163.3191 is in compliance with this act, any affected
5081	person may file a petition with the agency pursuant to ss.
5082	120.569 and 120.57 within 21 days after the publication of
5083	notice. In this proceeding, the local plan or plan amendment
5084	shall be determined to be in compliance if the local
5085	government's determination of compliance is fairly debatable.
5086	(b)  The hearing shall be conducted by an administrative
5087	law judge of the Division of Administrative Hearings of the
5088	Department of Management Services, who shall hold the hearing in
5089	the county of and convenient to the affected local jurisdiction
5090	and submit a recommended order to the state land planning
5091	agency. The state land planning agency shall allow for the
5092	filing of exceptions to the recommended order and shall issue a
5093	final order after receipt of the recommended order if the state
5094	land planning agency determines that the plan or plan amendment
5095	is in compliance. If the state land planning agency determines
5096	that the plan or plan amendment is not in compliance, the agency
5097	shall submit the recommended order to the Administration
5098	Commission for final agency action.
5099	(10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5100	COMPLIANCE.-
5101	(a)  If the state land planning agency issues a notice of
5102	intent to find the comprehensive plan or plan amendment not in
5103	compliance with this act, the notice of intent shall be
5104	forwarded to the Division of Administrative Hearings of the
5105	Department of Management Services, which shall conduct a
5106	proceeding under ss. 120.569 and 120.57 in the county of and
5107	convenient to the affected local jurisdiction. The parties to
5108	the proceeding shall be the state land planning agency, the
5109	affected local government, and any affected person who
5110	intervenes. No new issue may be alleged as a reason to find a
5111	plan or plan amendment not in compliance in an administrative
5112	pleading filed more than 21 days after publication of notice
5113	unless the party seeking that issue establishes good cause for
5114	not alleging the issue within that time period. Good cause shall
5115	not include excusable neglect. In the proceeding, the local
5116	government's determination that the comprehensive plan or plan
5117	amendment is in compliance is presumed to be correct. The local
5118	government's determination shall be sustained unless it is shown
5119	by a preponderance of the evidence that the comprehensive plan
5120	or plan amendment is not in compliance. The local government's
5121	determination that elements of its plans are related to and
5122	consistent with each other shall be sustained if the
5123	determination is fairly debatable.
5124	(b)  The administrative law judge assigned by the division
5125	shall submit a recommended order to the Administration
5126	Commission for final agency action.
5127	(c)  Prior to the hearing, the state land planning agency
5128	shall afford an opportunity to mediate or otherwise resolve the
5129	dispute. If a party to the proceeding requests mediation or
5130	other alternative dispute resolution, the hearing may not be
5131	held until the state land planning agency advises the
5132	administrative law judge in writing of the results of the
5133	mediation or other alternative dispute resolution. However, the
5134	hearing may not be delayed for longer than 90 days for mediation
5135	or other alternative dispute resolution unless a longer delay is
5136	agreed to by the parties to the proceeding. The costs of the
5137	mediation or other alternative dispute resolution shall be borne
5138	equally by all of the parties to the proceeding.
5139	(5)  ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
5140	AMENDMENTS.-
5141	(a)  Any affected person as defined in paragraph (1)(a) may
5142	file a petition with the Division of Administrative Hearings
5143	pursuant to ss. 120.569 and 120.57, with a copy served on the
5144	affected local government, to request a formal hearing to
5145	challenge whether the plan or plan amendments are in compliance
5146	as defined in paragraph (1)(b). This petition must be filed with
5147	the division within 30 days after the local government adopts
5148	the amendment. The state land planning agency may not intervene
5149	in a proceeding initiated by an affected person.
5150	(b)  The state land planning agency may file a petition
5151	with the Division of Administrative Hearings pursuant to ss.
5152	120.569 and 120.57, with a copy served on the affected local
5153	government, to request a formal hearing to challenge whether the
5154	plan or plan amendment is in compliance as defined in paragraph
5155	(1)(b). The state land planning agency's petition must clearly
5156	state the reasons for the challenge. This petition must be filed
5157	with the division within 30 days after the state land planning
5158	agency notifies the local government that the plan amendment
5159	package is complete according to subparagraph (3)(c)3.
5160	1.  The state land planning agency's challenge to plan
5161	amendments adopted under the expedited state review process
5162	shall be limited to the comments provided by the reviewing
5163	agencies pursuant to subparagraphs (3)(b)2.-4., upon a
5164	determination by the state land planning agency that an
5165	important state resource or facility will be adversely impacted
5166	by the adopted plan amendment. The state land planning agency's
5167	petition shall state with specificity how the plan amendment
5168	will adversely impact the important state resource or facility.
5169	The state land planning agency shall only make such a
5170	determination if on the whole the amendment's adverse impacts to
5171	the important state resource or facility outweigh the
5172	amendment's benefits to the affected local community or the
5173	amendment's furtherance of the intent of this part. The state
5174	land planning agency may challenge a plan amendment that has
5175	substantially changed from the version on which the agencies
5176	provided comments but only upon a determination by the state
5177	land planning agency that an important state resource or
5178	facility will be adversely impacted.
5179	2.  The state land planning agency's challenge to plans and
5180	plan amendments pursuant to paragraph (2)(c) adopted under the
5181	state coordinated review process, unless the plan or plan
5182	amendment is substantially changed from the one commented on, is
5183	limited to objections raised in the objections, recommendations,
5184	and comments report. Any state land planning agency challenge to
5185	a plan amendment that updates a comprehensive plan based on an
5186	evaluation and appraisal pursuant to s. 163.3191, unless the
5187	amendment has substantially changed from the one commented on,
5188	is limited to objections raised in the objections,
5189	recommendations, and comments report where the state land
5190	planning agency has made a determination that the plan amendment
5191	will adversely impact an important state resource or facility.
5192	(c)  An administrative law judge shall hold a hearing in
5193	the affected local jurisdiction on whether the plan or plan
5194	amendment is in compliance.
5195	1.  In challenges filed by an affected person, the
5196	comprehensive plan or plan amendment shall be determined to be
5197	in compliance if the local government's determination of
5198	compliance is fairly debatable.
5199	2.a.  In challenges filed by the state land planning
5200	agency, the local government's determination that the
5201	comprehensive plan or plan amendment is in compliance is
5202	presumed to be correct, and the local government's determination
5203	shall be sustained unless it is shown by a preponderance of the
5204	evidence that the comprehensive plan or plan amendment is not in
5205	compliance.
5206	b.  In challenges filed by the state land planning agency,
5207	the local government's determination that elements of its plan
5208	are related to and consistent with each other shall be sustained
5209	if the determination is fairly debatable.
5210	3.  In challenges filed by the state land planning agency
5211	that require a determination by the agency that an important
5212	state resource or facility will be adversely impacted by the
5213	adopted plan or plan amendment, the local government may contest
5214	the agency's determination that the amendment would adversely
5215	impact an important state resource or facility. The state land
5216	planning agency shall prove its determination by clear and
5217	convincing evidence.
5218	(d)  If the administrative law judge recommends that the
5219	amendment be found not in compliance, the judge shall submit the
5220	recommended order to the Administration Commission for final
5221	agency action. The Administration Commission shall enter a final
5222	order within 45 days after its receipt of the recommended order.
5223	(e)  If the administrative law judge recommends that the
5224	amendment be found in compliance, the judge shall submit the
5225	recommended order to the state land planning agency.
5226	1.  If the state land planning agency determines that the
5227	plan amendment should be found not in compliance, the agency
5228	shall refer, within 30 days after receipt of the recommended
5229	order, the recommended order and its determination to the
5230	Administration Commission for final agency action.
5231	2.  If the state land planning agency determines that the
5232	plan amendment should be found in compliance, the agency shall
5233	enter its final order not later than 30 days after receipt of
5234	the recommended order.
5235	(f)1.  In all challenges under this subsection, when a
5236	determination of compliance as defined in paragraph (1)(b) is
5237	made, consideration shall be given to the plan or plan amendment
5238	as a whole and whether the plan or plan amendment furthers the
5239	intent of this part.
5240	2.  In challenges that require the state land planning
5241	agency to make a determination that an important state resource
5242	or facility will be adversely impacted by the adopted plan or
5243	plan amendment, the plan or plan amendment shall be found to be
5244	in compliance unless it is determined that on the whole the plan
5245	or plan amendment's adverse impacts to the important state
5246	resource or facility outweigh the plan or plan amendment's
5247	benefits to the affected local community or the plan or plan
5248	amendment's furtherance of the intent of this part.
5249	(g)  Parties to a proceeding under this subsection may
5250	enter into compliance agreements using the process in subsection
5251	(6).
5252	(6)  COMPLIANCE AGREEMENT.-
5253	(a)  At any time after the filing of a challenge, the state
5254	land planning agency and the local government may voluntarily
5255	enter into a compliance agreement to resolve one or more of the
5256	issues raised in the proceedings. Affected persons who have
5257	initiated a formal proceeding or have intervened in a formal
5258	proceeding may also enter into a compliance agreement with the
5259	local government. All parties granted intervenor status shall be
5260	provided reasonable notice of the commencement of a compliance
5261	agreement negotiation process and a reasonable opportunity to
5262	participate in such negotiation process. Negotiation meetings
5263	with local governments or intervenors shall be open to the
5264	public. The state land planning agency shall provide each party
5265	granted intervenor status with a copy of the compliance
5266	agreement within 10 days after the agreement is executed. The
5267	compliance agreement shall list each portion of the plan or plan
5268	amendment that has been challenged, and shall specify remedial
5269	actions that the local government has agreed to complete within
5270	a specified time in order to resolve the challenge, including
5271	adoption of all necessary plan amendments. The compliance
5272	agreement may also establish monitoring requirements and
5273	incentives to ensure that the conditions of the compliance
5274	agreement are met.
5275	(b)  Upon the filing of a compliance agreement executed by
5276	the parties to a challenge and the local government with the
5277	Division of Administrative Hearings, any administrative
5278	proceeding under ss. 120.569 and 120.57 regarding the plan or
5279	plan amendment covered by the compliance agreement shall be
5280	stayed.
5281	(c)  Before its execution of a compliance agreement, the
5282	local government must approve the compliance agreement at a
5283	public hearing advertised at least 10 days before the public
5284	hearing in a newspaper of general circulation in the area in
5285	accordance with the advertisement requirements of chapter 125 or
5286	166, as applicable.
5287	(d)  The local government shall hold a single adoption
5288	public hearing for remedial amendments.
5289	(e)  If the local government adopts a comprehensive plan
5290	amendment pursuant to a compliance agreement, an affected person
5291	or the state land planning agency may file a revised challenge
5292	with the Division of Administrative Hearings within 15 days
5293	after the adoption of the amendment.
5294	(f)  This subsection does not prohibit a local government
5295	from amending portions of its comprehensive plan other than
5296	those that are the subject of a challenge. However, such
5297	amendments to the plan may not be inconsistent with the
5298	compliance agreement.
5299	(g)  Nothing in this subsection is intended to require
5300	settlement by any party against its will or to preclude the use
5301	of other informal dispute resolution methods, in the course of
5302	or in addition to the method described in this subsection.
5303	(7)  MEDIATION AND EXPEDITIOUS RESOLUTION.-
5304	(a)  At any time after the matter has been forwarded to the
5305	Division of Administrative Hearings, the local government
5306	proposing the amendment may demand formal mediation or the local
5307	government proposing the amendment or an affected person who is
5308	a party to the proceeding may demand informal mediation or
5309	expeditious resolution of the amendment proceedings by serving
5310	written notice on the state land planning agency if a party to
5311	the proceeding, all other parties to the proceeding, and the
5312	administrative law judge.
5313	(b)  Upon receipt of a notice pursuant to paragraph (a),
5314	the administrative law judge shall set the matter for final
5315	hearing no more than 30 days after receipt of the notice. Once a
5316	final hearing has been set, no continuance in the hearing, and
5317	no additional time for post-hearing submittals, may be granted
5318	without the written agreement of the parties absent a finding by
5319	the administrative law judge of extraordinary circumstances.
5320	Extraordinary circumstances do not include matters relating to
5321	workload or need for additional time for preparation,
5322	negotiation, or mediation.
5323	(c)  Absent a showing of extraordinary circumstances, the
5324	administrative law judge shall issue a recommended order, in a
5325	case proceeding under subsection (5), within 30 days after
5326	filing of the transcript, unless the parties agree in writing to
5327	a longer time.
5328	(d)  Absent a showing of extraordinary circumstances, the
5329	Administration Commission shall issue a final order, in a case
5330	proceeding under subsection (5), within 45 days after the
5331	issuance of the recommended order, unless the parties agree in
5332	writing to a longer time.
5333	(8)(11)  ADMINISTRATION COMMISSION.-
5334	(a)  If the Administration Commission, upon a hearing
5335	pursuant to subsection (5)(9) or subsection (10), finds that the
5336	comprehensive plan or plan amendment is not in compliance with
5337	this act, the commission shall specify remedial actions that
5338	which would bring the comprehensive plan or plan amendment into
5339	compliance.
5340	(b)  The commission may specify the sanctions provided in
5341	subparagraphs 1. and 2. to which the local government will be
5342	subject if it elects to make the amendment effective
5343	notwithstanding the determination of noncompliance.
5344	1.  The commission may direct state agencies not to provide
5345	funds to increase the capacity of roads, bridges, or water and
5346	sewer systems within the boundaries of those local governmental
5347	entities which have comprehensive plans or plan elements that
5348	are determined not to be in compliance. The commission order may
5349	also specify that the local government shall not be eligible for
5350	grants administered under the following programs:
5351	a.1.  The Florida Small Cities Community Development Block
5352	Grant Program, as authorized by ss. 290.0401-290.049.
5353	b.2.  The Florida Recreation Development Assistance
5354	Program, as authorized by chapter 375.
5355	c.3.  Revenue sharing pursuant to ss. 206.60, 210.20, and
5356	218.61 and chapter 212, to the extent not pledged to pay back
5357	bonds.
5358	2.(b)  If the local government is one which is required to
5359	include a coastal management element in its comprehensive plan
5360	pursuant to s. 163.3177(6)(g), the commission order may also
5361	specify that the local government is not eligible for funding
5362	pursuant to s. 161.091. The commission order may also specify
5363	that the fact that the coastal management element has been
5364	determined to be not in compliance shall be a consideration when
5365	the department considers permits under s. 161.053 and when the
5366	Board of Trustees of the Internal Improvement Trust Fund
5367	considers whether to sell, convey any interest in, or lease any
5368	sovereignty lands or submerged lands until the element is
5369	brought into compliance.
5370	3.(c)  The sanctions provided by subparagraphs paragraphs
5371	1.(a) and 2.(b) shall not apply to a local government regarding
5372	any plan amendment, except for plan amendments that amend plans
5373	that have not been finally determined to be in compliance with
5374	this part, and except as provided in paragraph (b) s.
5375	163.3189(2) or s. 163.3191(11).
5376	(9)(12)  GOOD FAITH FILING.-The signature of an attorney or
5377	party constitutes a certificate that he or she has read the
5378	pleading, motion, or other paper and that, to the best of his or
5379	her knowledge, information, and belief formed after reasonable
5380	inquiry, it is not interposed for any improper purpose, such as
5381	to harass or to cause unnecessary delay, or for economic
5382	advantage, competitive reasons, or frivolous purposes or
5383	needless increase in the cost of litigation. If a pleading,
5384	motion, or other paper is signed in violation of these
5385	requirements, the administrative law judge, upon motion or his
5386	or her own initiative, shall impose upon the person who signed
5387	it, a represented party, or both, an appropriate sanction, which
5388	may include an order to pay to the other party or parties the
5389	amount of reasonable expenses incurred because of the filing of
5390	the pleading, motion, or other paper, including a reasonable
5391	attorney's fee.
5392	(10)(13)  EXCLUSIVE PROCEEDINGS.-The proceedings under this
5393	section shall be the sole proceeding or action for a
5394	determination of whether a local government's plan, element, or
5395	amendment is in compliance with this act.
5396	(14)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5397	government comprehensive plan or plan amendment which is
5398	applicable to a designated area of critical state concern shall
5399	be effective until a final order is issued finding the plan or
5400	amendment to be in compliance as defined in this section.
5401	(11)(15)  PUBLIC HEARINGS.-
5402	(a)  The procedure for transmittal of a complete proposed
5403	comprehensive plan or plan amendment pursuant to subparagraphs
5404	subsection (3)(b)1. and (4)(b) and for adoption of a
5405	comprehensive plan or plan amendment pursuant to
5406	subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
5407	affirmative vote of not less than a majority of the members of
5408	the governing body present at the hearing. The adoption of a
5409	comprehensive plan or plan amendment shall be by ordinance. For
5410	the purposes of transmitting or adopting a comprehensive plan or
5411	plan amendment, the notice requirements in chapters 125 and 166
5412	are superseded by this subsection, except as provided in this
5413	part.
5414	(b)  The local governing body shall hold at least two
5415	advertised public hearings on the proposed comprehensive plan or
5416	plan amendment as follows:
5417	1.  The first public hearing shall be held at the
5418	transmittal stage pursuant to subsection (3). It shall be held
5419	on a weekday at least 7 days after the day that the first
5420	advertisement is published pursuant to the requirements of
5421	chapter 125 or chapter 166.
5422	2.  The second public hearing shall be held at the adoption
5423	stage pursuant to subsection (7). It shall be held on a weekday
5424	at least 5 days after the day that the second advertisement is
5425	published pursuant to the requirements of chapter 125 or chapter
5426	166.
5427	(c)  Nothing in this part is intended to prohibit or limit
5428	the authority of local governments to require a person
5429	requesting an amendment to pay some or all of the cost of the
5430	public notice.
5431	(12) CONCURRENT ZONING.-At the request of an applicant, a
5432	local government shall consider an application for zoning
5433	changes that would be required to properly enact the provisions
5434	of any proposed plan amendment transmitted pursuant to this
5435	subsection. Zoning changes approved by the local government are
5436	contingent upon the comprehensive plan or plan amendment
5437	transmitted becoming effective.
5438	(13)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5439	government comprehensive plan or plan amendment that is
5440	applicable to a designated area of critical state concern shall
5441	be effective until a final order is issued finding the plan or
5442	amendment to be in compliance as defined in paragraph (1)(b).
5443	(c)  The local government shall provide a sign-in form at
5444	the transmittal hearing and at the adoption hearing for persons
5445	to provide their names and mailing addresses. The sign-in form
5446	must advise that any person providing the requested information
5447	will receive a courtesy informational statement concerning
5448	publications of the state land planning agency's notice of
5449	intent. The local government shall add to the sign-in form the
5450	name and address of any person who submits written comments
5451	concerning the proposed plan or plan amendment during the time
5452	period between the commencement of the transmittal hearing and
5453	the end of the adoption hearing. It is the responsibility of the
5454	person completing the form or providing written comments to
5455	accurately, completely, and legibly provide all information
5456	needed in order to receive the courtesy informational statement.
5457	(d)  The agency shall provide a model sign-in form for
5458	providing the list to the agency which may be used by the local
5459	government to satisfy the requirements of this subsection.
5460	(e)  If the proposed comprehensive plan or plan amendment
5461	changes the actual list of permitted, conditional, or prohibited
5462	uses within a future land use category or changes the actual
5463	future land use map designation of a parcel or parcels of land,
5464	the required advertisements shall be in the format prescribed by
5465	s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5466	municipality.
5467	(16)  COMPLIANCE AGREEMENTS.-
5468	(a)  At any time following the issuance of a notice of
5469	intent to find a comprehensive plan or plan amendment not in
5470	compliance with this part or after the initiation of a hearing
5471	pursuant to subsection (9), the state land planning agency and
5472	the local government may voluntarily enter into a compliance
5473	agreement to resolve one or more of the issues raised in the
5474	proceedings. Affected persons who have initiated a formal
5475	proceeding or have intervened in a formal proceeding may also
5476	enter into the compliance agreement. All parties granted
5477	intervenor status shall be provided reasonable notice of the
5478	commencement of a compliance agreement negotiation process and a
5479	reasonable opportunity to participate in such negotiation
5480	process. Negotiation meetings with local governments or
5481	intervenors shall be open to the public. The state land planning
5482	agency shall provide each party granted intervenor status with a
5483	copy of the compliance agreement within 10 days after the
5484	agreement is executed. The compliance agreement shall list each
5485	portion of the plan or plan amendment which is not in
5486	compliance, and shall specify remedial actions which the local
5487	government must complete within a specified time in order to
5488	bring the plan or plan amendment into compliance, including
5489	adoption of all necessary plan amendments. The compliance
5490	agreement may also establish monitoring requirements and
5491	incentives to ensure that the conditions of the compliance
5492	agreement are met.
5493	(b)  Upon filing by the state land planning agency of a
5494	compliance agreement executed by the agency and the local
5495	government with the Division of Administrative Hearings, any
5496	administrative proceeding under ss. 120.569 and 120.57 regarding
5497	the plan or plan amendment covered by the compliance agreement
5498	shall be stayed.
5499	(c)  Prior to its execution of a compliance agreement, the
5500	local government must approve the compliance agreement at a
5501	public hearing advertised at least 10 days before the public
5502	hearing in a newspaper of general circulation in the area in
5503	accordance with the advertisement requirements of subsection
5504	(15).
5505	(d)  A local government may adopt a plan amendment pursuant
5506	to a compliance agreement in accordance with the requirements of
5507	paragraph (15)(a). The plan amendment shall be exempt from the
5508	requirements of subsections (2)-(7). The local government shall
5509	hold a single adoption public hearing pursuant to the
5510	requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5511	Within 10 working days after adoption of a plan amendment, the
5512	local government shall transmit the amendment to the state land
5513	planning agency as specified in the agency's procedural rules,
5514	and shall submit one copy to the regional planning agency and to
5515	any other unit of local government or government agency in the
5516	state that has filed a written request with the governing body
5517	for a copy of the plan amendment, and one copy to any party to
5518	the proceeding under ss. 120.569 and 120.57 granted intervenor
5519	status.
5520	(e)  The state land planning agency, upon receipt of a plan
5521	amendment adopted pursuant to a compliance agreement, shall
5522	issue a cumulative notice of intent addressing both the
5523	compliance agreement amendment and the plan or plan amendment
5524	that was the subject of the agreement, in accordance with
5525	subsection (8).
5526	(f)1.  If the local government adopts a comprehensive plan
5527	amendment pursuant to a compliance agreement and a notice of
5528	intent to find the plan amendment in compliance is issued, the
5529	state land planning agency shall forward the notice of intent to
5530	the Division of Administrative Hearings and the administrative
5531	law judge shall realign the parties in the pending proceeding
5532	under ss. 120.569 and 120.57, which shall thereafter be governed
5533	by the process contained in paragraphs (9)(a) and (b), including
5534	provisions relating to challenges by an affected person, burden
5535	of proof, and issues of a recommended order and a final order,
5536	except as provided in subparagraph 2. Parties to the original
5537	proceeding at the time of realignment may continue as parties
5538	without being required to file additional pleadings to initiate
5539	a proceeding, but may timely amend their pleadings to raise any
5540	challenge to the amendment which is the subject of the
5541	cumulative notice of intent, and must otherwise conform to the
5542	rules of procedure of the Division of Administrative Hearings.
5543	Any affected person not a party to the realigned proceeding may
5544	challenge the plan amendment which is the subject of the
5545	cumulative notice of intent by filing a petition with the agency
5546	as provided in subsection (9). The agency shall forward the
5547	petition filed by the affected person not a party to the
5548	realigned proceeding to the Division of Administrative Hearings
5549	for consolidation with the realigned proceeding.
5550	2.  If any of the issues raised by the state land planning
5551	agency in the original subsection (10) proceeding are not
5552	resolved by the compliance agreement amendments, any intervenor
5553	in the original subsection (10) proceeding may require those
5554	issues to be addressed in the pending consolidated realigned
5555	proceeding under ss. 120.569 and 120.57. As to those unresolved
5556	issues, the burden of proof shall be governed by subsection
5557	(10).
5558	3.  If the local government adopts a comprehensive plan
5559	amendment pursuant to a compliance agreement and a notice of
5560	intent to find the plan amendment not in compliance is issued,
5561	the state land planning agency shall forward the notice of
5562	intent to the Division of Administrative Hearings, which shall
5563	consolidate the proceeding with the pending proceeding and
5564	immediately set a date for hearing in the pending proceeding
5565	under ss. 120.569 and 120.57. Affected persons who are not a
5566	party to the underlying proceeding under ss. 120.569 and 120.57
5567	may challenge the plan amendment adopted pursuant to the
5568	compliance agreement by filing a petition pursuant to subsection
5569	(10).
5570	(g)  If the local government fails to adopt a comprehensive
5571	plan amendment pursuant to a compliance agreement, the state
5572	land planning agency shall notify the Division of Administrative
5573	Hearings, which shall set the hearing in the pending proceeding
5574	under ss. 120.569 and 120.57 at the earliest convenient time.
5575	(h)  This subsection does not prohibit a local government
5576	from amending portions of its comprehensive plan other than
5577	those which are the subject of the compliance agreement.
5578	However, such amendments to the plan may not be inconsistent
5579	with the compliance agreement.
5580	(i)  Nothing in this subsection is intended to limit the
5581	parties from entering into a compliance agreement at any time
5582	before the final order in the proceeding is issued, provided
5583	that the provisions of paragraph (c) shall apply regardless of
5584	when the compliance agreement is reached.
5585	(j)  Nothing in this subsection is intended to force any
5586	party into settlement against its will or to preclude the use of
5587	other informal dispute resolution methods, such as the services
5588	offered by the Florida Growth Management Dispute Resolution
5589	Consortium, in the course of or in addition to the method
5590	described in this subsection.
5591	(17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.-
5592	A local government that has adopted a community vision and urban
5593	service boundary under s. 163.3177(13) and (14) may adopt a plan
5594	amendment related to map amendments solely to property within an
5595	urban service boundary in the manner described in subsections
5596	(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5597	and e., 2., and 3., such that state and regional agency review
5598	is eliminated. The department may not issue an objections,
5599	recommendations, and comments report on proposed plan amendments
5600	or a notice of intent on adopted plan amendments; however,
5601	affected persons, as defined by paragraph (1)(a), may file a
5602	petition for administrative review pursuant to the requirements
5603	of s. 163.3187(3)(a) to challenge the compliance of an adopted
5604	plan amendment. This subsection does not apply to any amendment
5605	within an area of critical state concern, to any amendment that
5606	increases residential densities allowable in high-hazard coastal
5607	areas as defined in s. 163.3178(2)(h), or to a text change to
5608	the goals, policies, or objectives of the local government's
5609	comprehensive plan. Amendments submitted under this subsection
5610	are exempt from the limitation on the frequency of plan
5611	amendments in s. 163.3187.
5612	(18)  URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A
5613	municipality that has a designated urban infill and
5614	redevelopment area under s. 163.2517 may adopt a plan amendment
5615	related to map amendments solely to property within a designated
5616	urban infill and redevelopment area in the manner described in
5617	subsections (1), (2), (7), (14), (15), and (16) and s.
5618	163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5619	regional agency review is eliminated. The department may not
5620	issue an objections, recommendations, and comments report on
5621	proposed plan amendments or a notice of intent on adopted plan
5622	amendments; however, affected persons, as defined by paragraph
5623	(1)(a), may file a petition for administrative review pursuant
5624	to the requirements of s. 163.3187(3)(a) to challenge the
5625	compliance of an adopted plan amendment. This subsection does
5626	not apply to any amendment within an area of critical state
5627	concern, to any amendment that increases residential densities
5628	allowable in high-hazard coastal areas as defined in s.
5629	163.3178(2)(h), or to a text change to the goals, policies, or
5630	objectives of the local government's comprehensive plan.
5631	Amendments submitted under this subsection are exempt from the
5632	limitation on the frequency of plan amendments in s. 163.3187.
5633	(19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local
5634	government that identifies in its comprehensive plan the types
5635	of housing developments and conditions for which it will
5636	consider plan amendments that are consistent with the local
5637	housing incentive strategies identified in s. 420.9076 and
5638	authorized by the local government may expedite consideration of
5639	such plan amendments. At least 30 days prior to adopting a plan
5640	amendment pursuant to this subsection, the local government
5641	shall notify the state land planning agency of its intent to
5642	adopt such an amendment, and the notice shall include the local
5643	government's evaluation of site suitability and availability of
5644	facilities and services. A plan amendment considered under this
5645	subsection shall require only a single public hearing before the
5646	local governing body, which shall be a plan amendment adoption
5647	hearing as described in subsection (7). The public notice of the
5648	hearing required under subparagraph (15)(b)2. must include a
5649	statement that the local government intends to use the expedited
5650	adoption process authorized under this subsection. The state
5651	land planning agency shall issue its notice of intent required
5652	under subsection (8) within 30 days after determining that the
5653	amendment package is complete. Any further proceedings shall be
5654	governed by subsections (9)-(16).
5655	Section 17.  Section 163.3187, Florida Statutes, is amended
5656	to read:-
5657	163.3187  Process for adoption of small-scale comprehensive
5658	plan amendment of adopted comprehensive plan.-
5659	(1)  Amendments to comprehensive plans adopted pursuant to
5660	this part may be made not more than two times during any
5661	calendar year, except:
5662	(a)  In the case of an emergency, comprehensive plan
5663	amendments may be made more often than twice during the calendar
5664	year if the additional plan amendment receives the approval of
5665	all of the members of the governing body. "Emergency" means any
5666	occurrence or threat thereof whether accidental or natural,
5667	caused by humankind, in war or peace, which results or may
5668	result in substantial injury or harm to the population or
5669	substantial damage to or loss of property or public funds.
5670	(b)  Any local government comprehensive plan amendments
5671	directly related to a proposed development of regional impact,
5672	including changes which have been determined to be substantial
5673	deviations and including Florida Quality Developments pursuant
5674	to s. 380.061, may be initiated by a local planning agency and
5675	considered by the local governing body at the same time as the
5676	application for development approval using the procedures
5677	provided for local plan amendment in this section and applicable
5678	local ordinances.
5679	(1)(c)  Any local government comprehensive plan amendments
5680	directly related to proposed small scale development activities
5681	may be approved without regard to statutory limits on the
5682	frequency of consideration of amendments to the local
5683	comprehensive plan. A small scale development amendment may be
5684	adopted only under the following conditions:
5685	(a)1.  The proposed amendment involves a use of 10 acres or
5686	fewer and:
5687	(b)a.  The cumulative annual effect of the acreage for all
5688	small scale development amendments adopted by the local
5689	government shall not exceed:
5690	(I)  a maximum of 120 acres in a calendar year. local
5691	government that contains areas specifically designated in the
5692	local comprehensive plan for urban infill, urban redevelopment,
5693	or downtown revitalization as defined in s. 163.3164, urban
5694	infill and redevelopment areas designated under s. 163.2517,
5695	transportation concurrency exception areas approved pursuant to
5696	s. 163.3180(5), or regional activity centers and urban central
5697	business districts approved pursuant to s. 380.06(2)(e);
5698	however, amendments under this paragraph may be applied to no
5699	more than 60 acres annually of property outside the designated
5700	areas listed in this sub-sub-subparagraph. Amendments adopted
5701	pursuant to paragraph (k) shall not be counted toward the
5702	acreage limitations for small scale amendments under this
5703	paragraph.
5704	(II)  A maximum of 80 acres in a local government that does
5705	not contain any of the designated areas set forth in sub-sub-
5706	subparagraph (I).
5707	(III)  A maximum of 120 acres in a county established
5708	pursuant to s. 9, Art. VIII of the State Constitution.
5709	b.  The proposed amendment does not involve the same
5710	property granted a change within the prior 12 months.
5711	c.  The proposed amendment does not involve the same
5712	owner's property within 200 feet of property granted a change
5713	within the prior 12 months.
5714	(c)d.  The proposed amendment does not involve a text
5715	change to the goals, policies, and objectives of the local
5716	government's comprehensive plan, but only proposes a land use
5717	change to the future land use map for a site-specific small
5718	scale development activity. However, text changes that relate
5719	directly to, and are adopted simultaneously with, the small
5720	scale future land use map amendment shall be permissible under
5721	this section.
5722	(d)e.  The property that is the subject of the proposed
5723	amendment is not located within an area of critical state
5724	concern, unless the project subject to the proposed amendment
5725	involves the construction of affordable housing units meeting
5726	the criteria of s. 420.0004(3), and is located within an area of
5727	critical state concern designated by s. 380.0552 or by the
5728	Administration Commission pursuant to s. 380.05(1). Such
5729	amendment is not subject to the density limitations of sub-
5730	subparagraph f., and shall be reviewed by the state land
5731	planning agency for consistency with the principles for guiding
5732	development applicable to the area of critical state concern
5733	where the amendment is located and shall not become effective
5734	until a final order is issued under s. 380.05(6).
5735	f.  If the proposed amendment involves a residential land
5736	use, the residential land use has a density of 10 units or less
5737	per acre or the proposed future land use category allows a
5738	maximum residential density of the same or less than the maximum
5739	residential density allowable under the existing future land use
5740	category, except that this limitation does not apply to small
5741	scale amendments involving the construction of affordable
5742	housing units meeting the criteria of s. 420.0004(3) on property
5743	which will be the subject of a land use restriction agreement,
5744	or small scale amendments described in sub-sub-subparagraph
5745	a.(I) that are designated in the local comprehensive plan for
5746	urban infill, urban redevelopment, or downtown revitalization as
5747	defined in s. 163.3164, urban infill and redevelopment areas
5748	designated under s. 163.2517, transportation concurrency
5749	exception areas approved pursuant to s. 163.3180(5), or regional
5750	activity centers and urban central business districts approved
5751	pursuant to s. 380.06(2)(e).
5752	2.a.  A local government that proposes to consider a plan
5753	amendment pursuant to this paragraph is not required to comply
5754	with the procedures and public notice requirements of s.
5755	163.3184(15)(c) for such plan amendments if the local government
5756	complies with the provisions in s. 125.66(4)(a) for a county or
5757	in s. 166.041(3)(c) for a municipality. If a request for a plan
5758	amendment under this paragraph is initiated by other than the
5759	local government, public notice is required.
5760	b.  The local government shall send copies of the notice
5761	and amendment to the state land planning agency, the regional
5762	planning council, and any other person or entity requesting a
5763	copy. This information shall also include a statement
5764	identifying any property subject to the amendment that is
5765	located within a coastal high-hazard area as identified in the
5766	local comprehensive plan.
5767	(2)3.  Small scale development amendments adopted pursuant
5768	to this section paragraph require only one public hearing before
5769	the governing board, which shall be an adoption hearing as
5770	described in s. 163.3184(11)(7), and are not subject to the
5771	requirements of s. 163.3184(3)-(6) unless the local government
5772	elects to have them subject to those requirements.
5773	(3)4.  If the small scale development amendment involves a
5774	site within an area that is designated by the Governor as a
5775	rural area of critical economic concern as defined under s.
5776	288.0656(2)(d)(7) for the duration of such designation, the 10-
5777	acre limit listed in subsection (1) subparagraph 1. shall be
5778	increased by 100 percent to 20 acres. The local government
5779	approving the small scale plan amendment shall certify to the
5780	Office of Tourism, Trade, and Economic Development that the plan
5781	amendment furthers the economic objectives set forth in the
5782	executive order issued under s. 288.0656(7), and the property
5783	subject to the plan amendment shall undergo public review to
5784	ensure that all concurrency requirements and federal, state, and
5785	local environmental permit requirements are met.
5786	(d)  Any comprehensive plan amendment required by a
5787	compliance agreement pursuant to s. 163.3184(16) may be approved
5788	without regard to statutory limits on the frequency of adoption
5789	of amendments to the comprehensive plan.
5790	(e)  A comprehensive plan amendment for location of a state
5791	correctional facility. Such an amendment may be made at any time
5792	and does not count toward the limitation on the frequency of
5793	plan amendments.
5794	(f)  The capital improvements element annual update
5795	required in s. 163.3177(3)(b)1. and any amendments directly
5796	related to the schedule.
5797	(g)  Any local government comprehensive plan amendments
5798	directly related to proposed redevelopment of brownfield areas
5799	designated under s. 376.80 may be approved without regard to
5800	statutory limits on the frequency of consideration of amendments
5801	to the local comprehensive plan.
5802	(h)  Any comprehensive plan amendments for port
5803	transportation facilities and projects that are eligible for
5804	funding by the Florida Seaport Transportation and Economic
5805	Development Council pursuant to s. 311.07.
5806	(i)  A comprehensive plan amendment for the purpose of
5807	designating an urban infill and redevelopment area under s.
5808	163.2517 may be approved without regard to the statutory limits
5809	on the frequency of amendments to the comprehensive plan.
5810	(j)  Any comprehensive plan amendment to establish public
5811	school concurrency pursuant to s. 163.3180(13), including, but
5812	not limited to, adoption of a public school facilities element
5813	and adoption of amendments to the capital improvements element
5814	and intergovernmental coordination element. In order to ensure
5815	the consistency of local government public school facilities
5816	elements within a county, such elements shall be prepared and
5817	adopted on a similar time schedule.
5818	(k)  A local comprehensive plan amendment directly related
5819	to providing transportation improvements to enhance life safety
5820	on Controlled Access Major Arterial Highways identified in the
5821	Florida Intrastate Highway System, in counties as defined in s.
5822	125.011, where such roadways have a high incidence of traffic
5823	accidents resulting in serious injury or death. Any such
5824	amendment shall not include any amendment modifying the
5825	designation on a comprehensive development plan land use map nor
5826	any amendment modifying the allowable densities or intensities
5827	of any land.
5828	(l)  A comprehensive plan amendment to adopt a public
5829	educational facilities element pursuant to s. 163.3177(12) and
5830	future land-use-map amendments for school siting may be approved
5831	notwithstanding statutory limits on the frequency of adopting
5832	plan amendments.
5833	(m)  A comprehensive plan amendment that addresses criteria
5834	or compatibility of land uses adjacent to or in close proximity
5835	to military installations in a local government's future land
5836	use element does not count toward the limitation on the
5837	frequency of the plan amendments.
5838	(n)  Any local government comprehensive plan amendment
5839	establishing or implementing a rural land stewardship area
5840	pursuant to the provisions of s. 163.3177(11)(d).
5841	(o)  A comprehensive plan amendment that is submitted by an
5842	area designated by the Governor as a rural area of critical
5843	economic concern under s. 288.0656(7) and that meets the
5844	economic development objectives may be approved without regard
5845	to the statutory limits on the frequency of adoption of
5846	amendments to the comprehensive plan.
5847	(p)  Any local government comprehensive plan amendment that
5848	is consistent with the local housing incentive strategies
5849	identified in s. 420.9076 and authorized by the local
5850	government.
5851	(q)  Any local government plan amendment to designate an
5852	urban service area as a transportation concurrency exception
5853	area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
5854	development-of-regional-impact process under s. 380.06(29).
5855	(4)(2)  Comprehensive plans may only be amended in such a
5856	way as to preserve the internal consistency of the plan pursuant
5857	to s. 163.3177(2). Corrections, updates, or modifications of
5858	current costs which were set out as part of the comprehensive
5859	plan shall not, for the purposes of this act, be deemed to be
5860	amendments.
5861	(3)(a)  The state land planning agency shall not review or
5862	issue a notice of intent for small scale development amendments
5863	which satisfy the requirements of paragraph (1)(c).
5864	(5)(a)  Any affected person may file a petition with the
5865	Division of Administrative Hearings pursuant to ss. 120.569 and
5866	120.57 to request a hearing to challenge the compliance of a
5867	small scale development amendment with this act within 30 days
5868	following the local government's adoption of the amendment and,
5869	shall serve a copy of the petition on the local government, and
5870	shall furnish a copy to the state land planning agency. An
5871	administrative law judge shall hold a hearing in the affected
5872	jurisdiction not less than 30 days nor more than 60 days
5873	following the filing of a petition and the assignment of an
5874	administrative law judge. The parties to a hearing held pursuant
5875	to this subsection shall be the petitioner, the local
5876	government, and any intervenor. In the proceeding, the plan
5877	amendment shall be determined to be in compliance if the local
5878	government's determination that the small scale development
5879	amendment is in compliance is fairly debatable presumed to be
5880	correct. The local government's determination shall be sustained
5881	unless it is shown by a preponderance of the evidence that the
5882	amendment is not in compliance with the requirements of this
5883	act. In any proceeding initiated pursuant to this subsection,
5884	The state land planning agency may not intervene in any
5885	proceeding initiated pursuant to this section.
5886	(b)1.  If the administrative law judge recommends that the
5887	small scale development amendment be found not in compliance,
5888	the administrative law judge shall submit the recommended order
5889	to the Administration Commission for final agency action. If the
5890	administrative law judge recommends that the small scale
5891	development amendment be found in compliance, the administrative
5892	law judge shall submit the recommended order to the state land
5893	planning agency.
5894	2.  If the state land planning agency determines that the
5895	plan amendment is not in compliance, the agency shall submit,
5896	within 30 days following its receipt, the recommended order to
5897	the Administration Commission for final agency action. If the
5898	state land planning agency determines that the plan amendment is
5899	in compliance, the agency shall enter a final order within 30
5900	days following its receipt of the recommended order.
5901	(c)  Small scale development amendments shall not become
5902	effective until 31 days after adoption. If challenged within 30
5903	days after adoption, small scale development amendments shall
5904	not become effective until the state land planning agency or the
5905	Administration Commission, respectively, issues a final order
5906	determining that the adopted small scale development amendment
5907	is in compliance.
5908	(d)  In all challenges under this subsection, when a
5909	determination of compliance as defined in s. 163.3184(1)(b) is
5910	made, consideration shall be given to the plan amendment as a
5911	whole and whether the plan amendment furthers the intent of this
5912	part.
5913	(4)  Each governing body shall transmit to the state land
5914	planning agency a current copy of its comprehensive plan not
5915	later than December 1, 1985. Each governing body shall also
5916	transmit copies of any amendments it adopts to its comprehensive
5917	plan so as to continually update the plans on file with the
5918	state land planning agency.
5919	(5)  Nothing in this part is intended to prohibit or limit
5920	the authority of local governments to require that a person
5921	requesting an amendment pay some or all of the cost of public
5922	notice.
5923	(6)(a)  No local government may amend its comprehensive
5924	plan after the date established by the state land planning
5925	agency for adoption of its evaluation and appraisal report
5926	unless it has submitted its report or addendum to the state land
5927	planning agency as prescribed by s. 163.3191, except for plan
5928	amendments described in paragraph (1)(b) or paragraph (1)(h).
5929	(b)  A local government may amend its comprehensive plan
5930	after it has submitted its adopted evaluation and appraisal
5931	report and for a period of 1 year after the initial
5932	determination of sufficiency regardless of whether the report
5933	has been determined to be insufficient.
5934	(c)  A local government may not amend its comprehensive
5935	plan, except for plan amendments described in paragraph (1)(b),
5936	if the 1-year period after the initial sufficiency determination
5937	of the report has expired and the report has not been determined
5938	to be sufficient.
5939	(d)  When the state land planning agency has determined
5940	that the report has sufficiently addressed all pertinent
5941	provisions of s. 163.3191, the local government may amend its
5942	comprehensive plan without the limitations imposed by paragraph
5943	(a) or paragraph (c).
5944	(e)  Any plan amendment which a local government attempts
5945	to adopt in violation of paragraph (a) or paragraph (c) is
5946	invalid, but such invalidity may be overcome if the local
5947	government readopts the amendment and transmits the amendment to
5948	the state land planning agency pursuant to s. 163.3184(7) after
5949	the report is determined to be sufficient.
5950	Section 18.  Section 163.3189, Florida Statutes, is
5951	repealed.
5952	Section 19.  Section 163.3191, Florida Statutes, is amended
5953	to read:
5954	163.3191  Evaluation and appraisal of comprehensive plan.-
5955	(1)  At least once every 7 years, each local government
5956	shall evaluate its comprehensive plan to determine if plan
5957	amendments are necessary to reflect changes in state
5958	requirements in this part since the last update of the
5959	comprehensive plan, and notify the state land planning agency as
5960	to its determination.
5961	(2)  If the local government determines amendments to its
5962	comprehensive plan are necessary to reflect changes in state
5963	requirements, the local government shall prepare and transmit
5964	within 1 year such plan amendment or amendments for review
5965	pursuant to s. 163.3184.
5966	(3)  Local governments are encouraged to comprehensively
5967	evaluate and, as necessary, update comprehensive plans to
5968	reflect changes in local conditions. Plan amendments transmitted
5969	pursuant to this section shall be reviewed in accordance with s.
5970	163.3184.
5971	(4)  If a local government fails to submit its letter
5972	prescribed by subsection (1) or update its plan pursuant to
5973	subsection (2), it may not amend its comprehensive plan until
5974	such time as it complies with this section.
5975	(1)  The planning program shall be a continuous and ongoing
5976	process. Each local government shall adopt an evaluation and
5977	appraisal report once every 7 years assessing the progress in
5978	implementing the local government's comprehensive plan.
5979	Furthermore, it is the intent of this section that:
5980	(a)  Adopted comprehensive plans be reviewed through such
5981	evaluation process to respond to changes in state, regional, and
5982	local policies on planning and growth management and changing
5983	conditions and trends, to ensure effective intergovernmental
5984	coordination, and to identify major issues regarding the
5985	community's achievement of its goals.
5986	(b)  After completion of the initial evaluation and
5987	appraisal report and any supporting plan amendments, each
5988	subsequent evaluation and appraisal report must evaluate the
5989	comprehensive plan in effect at the time of the initiation of
5990	the evaluation and appraisal report process.
5991	(c)  Local governments identify the major issues, if
5992	applicable, with input from state agencies, regional agencies,
5993	adjacent local governments, and the public in the evaluation and
5994	appraisal report process. It is also the intent of this section
5995	to establish minimum requirements for information to ensure
5996	predictability, certainty, and integrity in the growth
5997	management process. The report is intended to serve as a summary
5998	audit of the actions that a local government has undertaken and
5999	identify changes that it may need to make. The report should be
6000	based on the local government's analysis of major issues to
6001	further the community's goals consistent with statewide minimum
6002	standards. The report is not intended to require a comprehensive
6003	rewrite of the elements within the local plan, unless a local
6004	government chooses to do so.
6005	(2)  The report shall present an evaluation and assessment
6006	of the comprehensive plan and shall contain appropriate
6007	statements to update the comprehensive plan, including, but not
6008	limited to, words, maps, illustrations, or other media, related
6009	to:
6010	(a)  Population growth and changes in land area, including
6011	annexation, since the adoption of the original plan or the most
6012	recent update amendments.
6013	(b)  The extent of vacant and developable land.
6014	(c)  The financial feasibility of implementing the
6015	comprehensive plan and of providing needed infrastructure to
6016	achieve and maintain adopted level-of-service standards and
6017	sustain concurrency management systems through the capital
6018	improvements element, as well as the ability to address
6019	infrastructure backlogs and meet the demands of growth on public
6020	services and facilities.
6021	(d)  The location of existing development in relation to
6022	the location of development as anticipated in the original plan,
6023	or in the plan as amended by the most recent evaluation and
6024	appraisal report update amendments, such as within areas
6025	designated for urban growth.
6026	(e)  An identification of the major issues for the
6027	jurisdiction and, where pertinent, the potential social,
6028	economic, and environmental impacts.
6029	(f)  Relevant changes to the state comprehensive plan, the
6030	requirements of this part, the minimum criteria contained in
6031	chapter 9J-5, Florida Administrative Code, and the appropriate
6032	strategic regional policy plan since the adoption of the
6033	original plan or the most recent evaluation and appraisal report
6034	update amendments.
6035	(g)  An assessment of whether the plan objectives within
6036	each element, as they relate to major issues, have been
6037	achieved. The report shall include, as appropriate, an
6038	identification as to whether unforeseen or unanticipated changes
6039	in circumstances have resulted in problems or opportunities with
6040	respect to major issues identified in each element and the
6041	social, economic, and environmental impacts of the issue.
6042	(h)  A brief assessment of successes and shortcomings
6043	related to each element of the plan.
6044	(i)  The identification of any actions or corrective
6045	measures, including whether plan amendments are anticipated to
6046	address the major issues identified and analyzed in the report.
6047	Such identification shall include, as appropriate, new
6048	population projections, new revised planning timeframes, a
6049	revised future conditions map or map series, an updated capital
6050	improvements element, and any new and revised goals, objectives,
6051	and policies for major issues identified within each element.
6052	This paragraph shall not require the submittal of the plan
6053	amendments with the evaluation and appraisal report.
6054	(j)  A summary of the public participation program and
6055	activities undertaken by the local government in preparing the
6056	report.
6057	(k)  The coordination of the comprehensive plan with
6058	existing public schools and those identified in the applicable
6059	educational facilities plan adopted pursuant to s. 1013.35. The
6060	assessment shall address, where relevant, the success or failure
6061	of the coordination of the future land use map and associated
6062	planned residential development with public schools and their
6063	capacities, as well as the joint decisionmaking processes
6064	engaged in by the local government and the school board in
6065	regard to establishing appropriate population projections and
6066	the planning and siting of public school facilities. For those
6067	counties or municipalities that do not have a public schools
6068	interlocal agreement or public school facilities element, the
6069	assessment shall determine whether the local government
6070	continues to meet the criteria of s. 163.3177(12). If the county
6071	or municipality determines that it no longer meets the criteria,
6072	it must adopt appropriate school concurrency goals, objectives,
6073	and policies in its plan amendments pursuant to the requirements
6074	of the public school facilities element, and enter into the
6075	existing interlocal agreement required by ss. 163.3177(6)(h)2.
6076	and 163.31777 in order to fully participate in the school
6077	concurrency system.
6078	(l)  The extent to which the local government has been
6079	successful in identifying alternative water supply projects and
6080	traditional water supply projects, including conservation and
6081	reuse, necessary to meet the water needs identified in s.
6082	373.709(2)(a) within the local government's jurisdiction. The
6083	report must evaluate the degree to which the local government
6084	has implemented the work plan for building public, private, and
6085	regional water supply facilities, including development of
6086	alternative water supplies, identified in the element as
6087	necessary to serve existing and new development.
6088	(m)  If any of the jurisdiction of the local government is
6089	located within the coastal high-hazard area, an evaluation of
6090	whether any past reduction in land use density impairs the
6091	property rights of current residents when redevelopment occurs,
6092	including, but not limited to, redevelopment following a natural
6093	disaster. The property rights of current residents shall be
6094	balanced with public safety considerations. The local government
6095	must identify strategies to address redevelopment feasibility
6096	and the property rights of affected residents. These strategies
6097	may include the authorization of redevelopment up to the actual
6098	built density in existence on the property prior to the natural
6099	disaster or redevelopment.
6100	(n)  An assessment of whether the criteria adopted pursuant
6101	to s. 163.3177(6)(a) were successful in achieving compatibility
6102	with military installations.
6103	(o)  The extent to which a concurrency exception area
6104	designated pursuant to s. 163.3180(5), a concurrency management
6105	area designated pursuant to s. 163.3180(7), or a multimodal
6106	transportation district designated pursuant to s. 163.3180(15)
6107	has achieved the purpose for which it was created and otherwise
6108	complies with the provisions of s. 163.3180.
6109	(p)  An assessment of the extent to which changes are
6110	needed to develop a common methodology for measuring impacts on
6111	transportation facilities for the purpose of implementing its
6112	concurrency management system in coordination with the
6113	municipalities and counties, as appropriate pursuant to s.
6114	163.3180(10).
6115	(3)  Voluntary scoping meetings may be conducted by each
6116	local government or several local governments within the same
6117	county that agree to meet together. Joint meetings among all
6118	local governments in a county are encouraged. All scoping
6119	meetings shall be completed at least 1 year prior to the
6120	established adoption date of the report. The purpose of the
6121	meetings shall be to distribute data and resources available to
6122	assist in the preparation of the report, to provide input on
6123	major issues in each community that should be addressed in the
6124	report, and to advise on the extent of the effort for the
6125	components of subsection (2). If scoping meetings are held, the
6126	local government shall invite each state and regional reviewing
6127	agency, as well as adjacent and other affected local
6128	governments. A preliminary list of new data and major issues
6129	that have emerged since the adoption of the original plan, or
6130	the most recent evaluation and appraisal report-based update
6131	amendments, should be developed by state and regional entities
6132	and involved local governments for distribution at the scoping
6133	meeting. For purposes of this subsection, a "scoping meeting" is
6134	a meeting conducted to determine the scope of review of the
6135	evaluation and appraisal report by parties to which the report
6136	relates.
6137	(4)  The local planning agency shall prepare the evaluation
6138	and appraisal report and shall make recommendations to the
6139	governing body regarding adoption of the proposed report. The
6140	local planning agency shall prepare the report in conformity
6141	with its public participation procedures adopted as required by
6142	s. 163.3181. During the preparation of the proposed report and
6143	prior to making any recommendation to the governing body, the
6144	local planning agency shall hold at least one public hearing,
6145	with public notice, on the proposed report. At a minimum, the
6146	format and content of the proposed report shall include a table
6147	of contents; numbered pages; element headings; section headings
6148	within elements; a list of included tables, maps, and figures; a
6149	title and sources for all included tables; a preparation date;
6150	and the name of the preparer. Where applicable, maps shall
6151	include major natural and artificial geographic features; city,
6152	county, and state lines; and a legend indicating a north arrow,
6153	map scale, and the date.
6154	(5)  Ninety days prior to the scheduled adoption date, the
6155	local government may provide a proposed evaluation and appraisal
6156	report to the state land planning agency and distribute copies
6157	to state and regional commenting agencies as prescribed by rule,
6158	adjacent jurisdictions, and interested citizens for review. All
6159	review comments, including comments by the state land planning
6160	agency, shall be transmitted to the local government and state
6161	land planning agency within 30 days after receipt of the
6162	proposed report.
6163	(6)  The governing body, after considering the review
6164	comments and recommended changes, if any, shall adopt the
6165	evaluation and appraisal report by resolution or ordinance at a
6166	public hearing with public notice. The governing body shall
6167	adopt the report in conformity with its public participation
6168	procedures adopted as required by s. 163.3181. The local
6169	government shall submit to the state land planning agency three
6170	copies of the report, a transmittal letter indicating the dates
6171	of public hearings, and a copy of the adoption resolution or
6172	ordinance. The local government shall provide a copy of the
6173	report to the reviewing agencies which provided comments for the
6174	proposed report, or to all the reviewing agencies if a proposed
6175	report was not provided pursuant to subsection (5), including
6176	the adjacent local governments. Within 60 days after receipt,
6177	the state land planning agency shall review the adopted report
6178	and make a preliminary sufficiency determination that shall be
6179	forwarded by the agency to the local government for its
6180	consideration. The state land planning agency shall issue a
6181	final sufficiency determination within 90 days after receipt of
6182	the adopted evaluation and appraisal report.
6183	(7)  The intent of the evaluation and appraisal process is
6184	the preparation of a plan update that clearly and concisely
6185	achieves the purpose of this section. Toward this end, the
6186	sufficiency review of the state land planning agency shall
6187	concentrate on whether the evaluation and appraisal report
6188	sufficiently fulfills the components of subsection (2). If the
6189	state land planning agency determines that the report is
6190	insufficient, the governing body shall adopt a revision of the
6191	report and submit the revised report for review pursuant to
6192	subsection (6).
6193	(8)  The state land planning agency may delegate the review
6194	of evaluation and appraisal reports, including all state land
6195	planning agency duties under subsections (4)-(7), to the
6196	appropriate regional planning council. When the review has been
6197	delegated to a regional planning council, any local government
6198	in the region may elect to have its report reviewed by the
6199	regional planning council rather than the state land planning
6200	agency. The state land planning agency shall by agreement
6201	provide for uniform and adequate review of reports and shall
6202	retain oversight for any delegation of review to a regional
6203	planning council.
6204	(9)  The state land planning agency may establish a phased
6205	schedule for adoption of reports. The schedule shall provide
6206	each local government at least 7 years from plan adoption or
6207	last established adoption date for a report and shall allot
6208	approximately one-seventh of the reports to any 1 year. In order
6209	to allow the municipalities to use data and analyses gathered by
6210	the counties, the state land planning agency shall schedule
6211	municipal report adoption dates between 1 year and 18 months
6212	later than the report adoption date for the county in which
6213	those municipalities are located. A local government may adopt
6214	its report no earlier than 90 days prior to the established
6215	adoption date. Small municipalities which were scheduled by
6216	chapter 9J-33, Florida Administrative Code, to adopt their
6217	evaluation and appraisal report after February 2, 1999, shall be
6218	rescheduled to adopt their report together with the other
6219	municipalities in their county as provided in this subsection.
6220	(10)  The governing body shall amend its comprehensive plan
6221	based on the recommendations in the report and shall update the
6222	comprehensive plan based on the components of subsection (2),
6223	pursuant to the provisions of ss. 163.3184, 163.3187, and
6224	163.3189. Amendments to update a comprehensive plan based on the
6225	evaluation and appraisal report shall be adopted during a single
6226	amendment cycle within 18 months after the report is determined
6227	to be sufficient by the state land planning agency, except the
6228	state land planning agency may grant an extension for adoption
6229	of a portion of such amendments. The state land planning agency
6230	may grant a 6-month extension for the adoption of such
6231	amendments if the request is justified by good and sufficient
6232	cause as determined by the agency. An additional extension may
6233	also be granted if the request will result in greater
6234	coordination between transportation and land use, for the
6235	purposes of improving Florida's transportation system, as
6236	determined by the agency in coordination with the Metropolitan
6237	Planning Organization program. Beginning July 1, 2006, failure
6238	to timely adopt and transmit update amendments to the
6239	comprehensive plan based on the evaluation and appraisal report
6240	shall result in a local government being prohibited from
6241	adopting amendments to the comprehensive plan until the
6242	evaluation and appraisal report update amendments have been
6243	adopted and transmitted to the state land planning agency. The
6244	prohibition on plan amendments shall commence when the update
6245	amendments to the comprehensive plan are past due. The
6246	comprehensive plan as amended shall be in compliance as defined
6247	in s. 163.3184(1)(b). Within 6 months after the effective date
6248	of the update amendments to the comprehensive plan, the local
6249	government shall provide to the state land planning agency and
6250	to all agencies designated by rule a complete copy of the
6251	updated comprehensive plan.
6252	(11)  The Administration Commission may impose the
6253	sanctions provided by s. 163.3184(11) against any local
6254	government that fails to adopt and submit a report, or that
6255	fails to implement its report through timely and sufficient
6256	amendments to its local plan, except for reasons of excusable
6257	delay or valid planning reasons agreed to by the state land
6258	planning agency or found present by the Administration
6259	Commission. Sanctions for untimely or insufficient plan
6260	amendments shall be prospective only and shall begin after a
6261	final order has been issued by the Administration Commission and
6262	a reasonable period of time has been allowed for the local
6263	government to comply with an adverse determination by the
6264	Administration Commission through adoption of plan amendments
6265	that are in compliance. The state land planning agency may
6266	initiate, and an affected person may intervene in, such a
6267	proceeding by filing a petition with the Division of
6268	Administrative Hearings, which shall appoint an administrative
6269	law judge and conduct a hearing pursuant to ss. 120.569 and
6270	120.57(1) and shall submit a recommended order to the
6271	Administration Commission. The affected local government shall
6272	be a party to any such proceeding. The commission may implement
6273	this subsection by rule.
6274	(5)(12)  The state land planning agency shall not adopt
6275	rules to implement this section, other than procedural rules.
6276	(13)  The state land planning agency shall regularly review
6277	the evaluation and appraisal report process and submit a report
6278	to the Governor, the Administration Commission, the Speaker of
6279	the House of Representatives, the President of the Senate, and
6280	the respective community affairs committees of the Senate and
6281	the House of Representatives. The first report shall be
6282	submitted by December 31, 2004, and subsequent reports shall be
6283	submitted every 5 years thereafter. At least 9 months before the
6284	due date of each report, the Secretary of Community Affairs
6285	shall appoint a technical committee of at least 15 members to
6286	assist in the preparation of the report. The membership of the
6287	technical committee shall consist of representatives of local
6288	governments, regional planning councils, the private sector, and
6289	environmental organizations. The report shall assess the
6290	effectiveness of the evaluation and appraisal report process.
6291	(14)  The requirement of subsection (10) prohibiting a
6292	local government from adopting amendments to the local
6293	comprehensive plan until the evaluation and appraisal report
6294	update amendments have been adopted and transmitted to the state
6295	land planning agency does not apply to a plan amendment proposed
6296	for adoption by the appropriate local government as defined in
6297	s. 163.3178(2)(k) in order to integrate a port comprehensive
6298	master plan with the coastal management element of the local
6299	comprehensive plan as required by s. 163.3178(2)(k) if the port
6300	comprehensive master plan or the proposed plan amendment does
6301	not cause or contribute to the failure of the local government
6302	to comply with the requirements of the evaluation and appraisal
6303	report.
6304	Section 20.  Paragraph (b) of subsection (2) of section
6305	163.3217, Florida Statutes, is amended to read:
6306	163.3217  Municipal overlay for municipal incorporation.-
6307	(2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6308	OVERLAY.-
6309	(b)1.  A municipal overlay shall be adopted as an amendment
6310	to the local government comprehensive plan as prescribed by s.
6311	163.3184.
6312	2.  A county may consider the adoption of a municipal
6313	overlay without regard to the provisions of s. 163.3187(1)
6314	regarding the frequency of adoption of amendments to the local
6315	comprehensive plan.
6316	Section 21.  Subsection (3) of section 163.3220, Florida
6317	Statutes, is amended to read:
6318	163.3220  Short title; legislative intent.-
6319	(3)  In conformity with, in furtherance of, and to
6320	implement the Community Local Government Comprehensive Planning
6321	and Land Development Regulation Act and the Florida State
6322	Comprehensive Planning Act of 1972, it is the intent of the
6323	Legislature to encourage a stronger commitment to comprehensive
6324	and capital facilities planning, ensure the provision of
6325	adequate public facilities for development, encourage the
6326	efficient use of resources, and reduce the economic cost of
6327	development.
6328	Section 22.  Subsections (2) and (11) of section 163.3221,
6329	Florida Statutes, are amended to read:
6330	163.3221  Florida Local Government Development Agreement
6331	Act; definitions.-As used in ss. 163.3220-163.3243:
6332	(2)  "Comprehensive plan" means a plan adopted pursuant to
6333	the Community "Local Government Comprehensive Planning and Land
6334	Development Regulation Act."
6335	(11)  "Local planning agency" means the agency designated
6336	to prepare a comprehensive plan or plan amendment pursuant to
6337	the Community "Florida Local Government Comprehensive Planning
6338	and Land Development Regulation Act."
6339	Section 23.  Section 163.3229, Florida Statutes, is amended
6340	to read:
6341	163.3229  Duration of a development agreement and
6342	relationship to local comprehensive plan.-The duration of a
6343	development agreement may shall not exceed 20 years, unless it
6344	is. It may be extended by mutual consent of the governing body
6345	and the developer, subject to a public hearing in accordance
6346	with s. 163.3225. No development agreement shall be effective or
6347	be implemented by a local government unless the local
6348	government's comprehensive plan and plan amendments implementing
6349	or related to the agreement are found in compliance by the state
6350	land planning agency in accordance with s. 163.3184, s.
6351	163.3187, or s. 163.3189.
6352	Section 24.  Section 163.3235, Florida Statutes, is amended
6353	to read:
6354	163.3235  Periodic review of a development agreement.-A
6355	local government shall review land subject to a development
6356	agreement at least once every 12 months to determine if there
6357	has been demonstrated good faith compliance with the terms of
6358	the development agreement. For each annual review conducted
6359	during years 6 through 10 of a development agreement, the review
6360	shall be incorporated into a written report which shall be
6361	submitted to the parties to the agreement and the state land
6362	planning agency. The state land planning agency shall adopt
6363	rules regarding the contents of the report, provided that the
6364	report shall be limited to the information sufficient to
6365	determine the extent to which the parties are proceeding in good
6366	faith to comply with the terms of the development agreement. If
6367	the local government finds, on the basis of substantial
6368	competent evidence, that there has been a failure to comply with
6369	the terms of the development agreement, the agreement may be
6370	revoked or modified by the local government.
6371	Section 25.  Section 163.3239, Florida Statutes, is amended
6372	to read:
6373	163.3239  Recording and effectiveness of a development
6374	agreement.-Within 14 days after a local government enters into a
6375	development agreement, the local government shall record the
6376	agreement with the clerk of the circuit court in the county
6377	where the local government is located. A copy of the recorded
6378	development agreement shall be submitted to the state land
6379	planning agency within 14 days after the agreement is recorded.
6380	A development agreement shall not be effective until it is
6381	properly recorded in the public records of the county and until
6382	30 days after having been received by the state land planning
6383	agency pursuant to this section. The burdens of the development
6384	agreement shall be binding upon, and the benefits of the
6385	agreement shall inure to, all successors in interest to the
6386	parties to the agreement.
6387	Section 26.  Section 163.3243, Florida Statutes, is amended
6388	to read:
6389	163.3243  Enforcement.-Any party or, any aggrieved or
6390	adversely affected person as defined in s. 163.3215(2), or the
6391	state land planning agency may file an action for injunctive
6392	relief in the circuit court where the local government is
6393	located to enforce the terms of a development agreement or to
6394	challenge compliance of the agreement with the provisions of ss.
6395	163.3220-163.3243.
6396	Section 27.  Section 163.3245, Florida Statutes, is amended
6397	to read:
6398	163.3245  Optional Sector plans.-
6399	(1)  In recognition of the benefits of conceptual long-
6400	range planning for the buildout of an area, and detailed
6401	planning for specific areas, as a demonstration project, the
6402	requirements of s. 380.06 may be addressed as identified by this
6403	section for up to five local governments or combinations of
6404	local governments may which adopt into their the comprehensive
6405	plans plan an optional sector plan in accordance with this
6406	section. This section is intended to promote and encourage long-
6407	term planning for conservation, development, and agriculture on
6408	a landscape scale; to further the intent of s. 163.3168
6409	163.3177(11), which supports innovative and flexible planning
6410	and development strategies, and the purposes of this part, and
6411	part I of chapter 380 to facilitate protection of regionally
6412	significant natural resources, including water courses and
6413	wildlife corridors;, and to avoid duplication of effort in terms
6414	of the level of data and analysis required for a development of
6415	regional impact, while ensuring the adequate mitigation of
6416	impacts to applicable state and regional resources and
6417	facilities, including those within the jurisdiction of other
6418	local governments, as would otherwise be provided. Optional
6419	Sector plans are intended for substantial geographic areas that
6420	include including at least 15,000 5,000 acres of one or more
6421	local governmental jurisdictions and are to emphasize urban form
6422	and protection of state and regionally significant resources and
6423	public facilities. The state land planning agency may approve
6424	optional sector plans of less than 5,000 acres based on local
6425	circumstances if it is determined that the plan would further
6426	the purposes of this part and part I of chapter 380. Preparation
6427	of an optional sector plan is authorized by agreement between
6428	the state land planning agency and the applicable local
6429	governments under s. 163.3171(4). An optional sector plan may be
6430	adopted through one or more comprehensive plan amendments under
6431	s. 163.3184. However, an optional A sector plan may not be
6432	adopted authorized in an area of critical state concern.
6433	(2)  Upon the request of a local government with
6434	jurisdiction, The state land planning agency may enter into an
6435	agreement to authorize preparation of an optional sector plan
6436	upon the request of one or more local governments based on
6437	consideration of problems and opportunities presented by
6438	existing development trends; the effectiveness of current
6439	comprehensive plan provisions; the potential to further the
6440	state comprehensive plan, applicable strategic regional policy
6441	plans, this part, and part I of chapter 380; and those factors
6442	identified by s. 163.3177(10)(i). the applicable regional
6443	planning council shall conduct a scoping meeting with affected
6444	local governments and those agencies identified in s.
6445	163.3184(1)(c)(4) before preparation of the sector plan
6446	execution of the agreement authorized by this section. The
6447	purpose of this meeting is to assist the state land planning
6448	agency and the local government in the identification of the
6449	relevant planning issues to be addressed and the data and
6450	resources available to assist in the preparation of the sector
6451	plan subsequent plan amendments. In the event that a scoping
6452	meeting is conducted, the regional planning council shall make
6453	written recommendations to the state land planning agency and
6454	affected local governments, on the issues requested by the local
6455	government. The scoping meeting shall be noticed and open to the
6456	public. In the event that the entire planning area proposed for
6457	the sector plan is within the jurisdiction of two or more local
6458	governments, some or all of them may enter into a joint planning
6459	agreement pursuant to s. 163.3171 with respect to including
6460	whether a sustainable sector plan would be appropriate. The
6461	agreement must define the geographic area to be subject to the
6462	sector plan, the planning issues that will be emphasized,
6463	procedures requirements for intergovernmental coordination to
6464	address extrajurisdictional impacts, supporting application
6465	materials including data and analysis, and procedures for public
6466	participation, or other issues. An agreement may address
6467	previously adopted sector plans that are consistent with the
6468	standards in this section. Before executing an agreement under
6469	this subsection, the local government shall hold a duly noticed
6470	public workshop to review and explain to the public the optional
6471	sector planning process and the terms and conditions of the
6472	proposed agreement. The local government shall hold a duly
6473	noticed public hearing to execute the agreement. All meetings
6474	between the department and the local government must be open to
6475	the public.
6476	(3)  Optional Sector planning encompasses two levels:
6477	adoption pursuant to under s. 163.3184 of a conceptual long-term
6478	master plan for the entire planning area as part of the
6479	comprehensive plan, and adoption by local development order of
6480	two or more buildout overlay to the comprehensive plan, having
6481	no immediate effect on the issuance of development orders or the
6482	applicability of s. 380.06, and adoption under s. 163.3184 of
6483	detailed specific area plans that implement the conceptual long-
6484	term master plan buildout overlay and authorize issuance of
6485	development orders, and within which s. 380.06 is waived. Until
6486	such time as a detailed specific area plan is adopted, the
6487	underlying future land use designations apply.
6488	(a)  In addition to the other requirements of this chapter,
6489	a long-term master plan pursuant to this section conceptual
6490	long-term buildout overlay must include maps, illustrations, and
6491	text supported by data and analysis to address the following:
6492	1.  A long-range conceptual framework map that, at a
6493	minimum, generally depicts identifies anticipated areas of
6494	urban, agricultural, rural, and conservation land use;
6495	identifies allowed uses in various parts of the planning area;
6496	specifies maximum and minimum densities and intensities of use;
6497	and provides the conceptual framework for the development
6498	pattern in developed areas with graphic illustrations based on a
6499	hierarchy of places and functional place-making components.
6500	2.  A general identification of the water supplies needed
6501	and available sources of water, including water resource
6502	development and water supply development projects, and water
6503	conservation measures needed to meet the projected demand of the
6504	future land uses in the long-term master plan.
6505	3.  A general identification of the transportation
6506	facilities to serve the future land uses in the long-term master
6507	plan, including guidelines to be used to establish each modal
6508	component intended to optimize mobility.
6509	4.2.  A general identification of other state or regionally
6510	significant public facilities consistent with chapter 9J-2,
6511	Florida Administrative Code, irrespective of local governmental
6512	jurisdiction necessary to support buildout of the anticipated
6513	future land uses, which may include central utilities provided
6514	on-site within the planning area, and policies setting forth the
6515	procedures to be used to mitigate the impacts of future land
6516	uses on public facilities.
6517	5.3.  A general identification of state or regionally
6518	significant natural resources within the planning area and
6519	policies setting forth the procedures for protection or
6520	conservation of specific resources consistent with the overall
6521	conservation and development strategy for the planning area
6522	consistent with chapter 9J-2, Florida Administrative Code.
6523	6.4.  General principles and guidelines addressing that
6524	address the urban form and the interrelationships of anticipated
6525	future land uses; the protection and, as appropriate,
6526	restoration and management of lands identified for permanent
6527	preservation; conservation easements pursuant to s. 704.06; and
6528	a discussion, at the applicant's option, of the extent, if any,
6529	to which the plan will address restoring key ecosystems,
6530	achieving a more clean, healthy environment;, limiting urban
6531	sprawl; providing a range of housing types;, protecting wildlife
6532	and natural areas;, advancing the efficient use of land and
6533	other resources;, and creating quality communities of a design
6534	that promotes travel by multiple transportation modes; and
6535	enhancing the prospects for the creation of jobs.
6536	7.5.  Identification of general procedures and policies to
6537	facilitate ensure intergovernmental coordination to address
6538	extrajurisdictional impacts from the future land uses long-range
6539	conceptual framework map.
6540
6541	A long-term master plan adopted pursuant to this paragraph may
6542	be based upon a planning period longer than the generally
6543	applicable planning period of the local comprehensive plan,
6544	shall specify the projected population within the planning area
6545	during the chosen planning period, and may include a phasing or
6546	staging schedule that allocates a portion of the local
6547	government's future growth to the planning area through the
6548	planning period. It shall not be a requirement for a long-term
6549	master plan adopted pursuant to this section to demonstrate need
6550	based upon projected population growth or on any other basis.
6551	(b)  In addition to the other requirements of this chapter,
6552	including those in paragraph (a), the detailed specific area
6553	plans shall be consistent with and implement the long-term
6554	master plan and must include conditions and commitments which
6555	provide for:
6556	1.  Development or conservation of an area of adequate size
6557	to accommodate a level of development which achieves a
6558	functional relationship between a full range of land uses within
6559	the area and to encompass at least 1,000 acres consistent with
6560	the long-term master plan. The local government state land
6561	planning agency may approve detailed specific area plans of less
6562	than 1,000 acres based on local circumstances if it is
6563	determined that the detailed specific area plan furthers the
6564	purposes of this part and part I of chapter 380.
6565	2.  Detailed identification and analysis of the maximum and
6566	minimum densities and intensities of use and the distribution,
6567	extent, and location of future land uses.
6568	3.  Detailed identification of water resource development
6569	and water supply development projects and related infrastructure
6570	and water conservation measures to address water needs of
6571	development in the detailed specific area plan.
6572	4.  Detailed identification of the transportation
6573	facilities to serve the future land uses in the detailed
6574	specific area plan.
6575	5.3.  Detailed identification of other state or regionally
6576	significant public facilities, including public facilities
6577	outside the jurisdiction of the host local government,
6578	anticipated impacts of future land uses on those facilities, and
6579	required improvements consistent with the long-term master plan
6580	chapter 9J-2, Florida Administrative Code.
6581	6.4.  Public facilities necessary to serve development in
6582	the detailed specific area plan for the short term, including
6583	developer contributions in a financially feasible 5-year capital
6584	improvement schedule of the affected local government.
6585	7.5.  Detailed analysis and identification of specific
6586	measures to assure the protection or conservation of lands
6587	identified in the long-term master plan to be permanently
6588	preserved and, as appropriate, restored or managed, of
6589	regionally significant natural resources and other important
6590	resources both within and outside the host jurisdiction,
6591	including those regionally significant resources identified in
6592	chapter 9J-2, Florida Administrative Code.
6593	8.6.  Detailed principles and guidelines addressing that
6594	address the urban form and the interrelationships of anticipated
6595	future land uses; and a discussion, at the applicant's option,
6596	of the extent, if any, to which the plan will address restoring
6597	key ecosystems, achieving a cleaner, healthier more clean,
6598	healthy environment;, limiting urban sprawl; providing a range
6599	of housing types;, protecting wildlife and natural areas;,
6600	advancing the efficient use of land and other resources;, and
6601	creating quality communities of a design that promotes travel by
6602	multiple transportation modes; and enhancing the prospects for
6603	the creation of jobs.
6604	9.7.  Identification of specific procedures to facilitate
6605	ensure intergovernmental coordination to address
6606	extrajurisdictional impacts from of the detailed specific area
6607	plan.
6608
6609	A detailed specific area plan adopted by local development order
6610	pursuant to this paragraph may be based upon a planning period
6611	longer than the generally applicable planning period of the
6612	local comprehensive plan and shall specify the projected
6613	population within the specific planning area during the chosen
6614	planning period. It shall not be a requirement for a long-term
6615	master plan adopted pursuant to this section to demonstrate need
6616	based upon projected population growth or on any other basis.
6617	(c)  Notwithstanding the limitations on comments of
6618	agencies in s. 163.3184, in its review of a long-term master
6619	plan, the state land planning agency shall consult with the
6620	Department of Agriculture and Consumer Services, the Department
6621	of Environmental Protection, the Fish and Wildlife Conservation
6622	Commission, and the applicable water management district may
6623	comment on the design of areas for protection and conservation
6624	of state or regionally significant natural resources and for the
6625	protection by conservation easements pursuant to s. 704.06, or
6626	other methods and, as appropriate, restoration and management of
6627	lands identified for permanent preservation.
6628	(d)  Notwithstanding the limitations on comments of
6629	agencies in s. 163.3184, in its review of a long-term master
6630	plan, the state land planning agency shall consult with the
6631	Department of Transportation, the applicable metropolitan
6632	planning organization, and any urban transit agency regarding
6633	the location, capacity, design, and phasing or staging of major
6634	transportation facilities in the planning area.
6635	(e)  The local government must transmit the detail specific
6636	area plan development order to the state land planning agency.
6637	The state land planning agency may initiate a civil action
6638	pursuant to s. 163.3215 with respect to a detailed specific area
6639	plan that is not consistent with a long-term master plan adopted
6640	pursuant to this section. For purposes of such a proceeding, the
6641	state land planning agency shall be deemed an aggrieved and
6642	adversely affected party. Regardless of whether the local
6643	government has adopted an ordinance that establishes a local
6644	process which meets the requirements of s. 163.3215(4), judicial
6645	review of a detailed specific area plan initiated by the state
6646	land planning agency shall be de novo pursuant to s. 163.3215(3)
6647	and not by petition for writ of certiorari pursuant to s.
6648	163.3215(4). Any other aggrieved or adversely affected party
6649	shall be subject to s. 163.3215 in all respects when initiating
6650	a consistency challenge to a detailed specific area plan.
6651	(f)(c)  This subsection does may not be construed to
6652	prevent preparation and approval of the optional sector plan and
6653	detailed specific area plan concurrently or in the same
6654	submission.
6655	(4)  Upon the long-term master plan becoming legally
6656	effective:
6657	(a)  Any long-range transportation plan developed by a
6658	metropolitan planning organization pursuant to s. 339.175(7)
6659	must be consistent, to the maximum extent feasible, with the
6660	long-term master plan, including but not limited to the
6661	projected population, the approved use and densities and
6662	intensities of use and their distribution within the planning
6663	area. The transportation facilities identified in adopted plans
6664	pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be
6665	developed in coordination with the adopted metropolitan planning
6666	organization long-range transportation plan.
6667	(b)  The water needs, sources, and water resource
6668	development and water supply development projects identified in
6669	adopted plans pursuant to sub-subparagraphs (3)(a)2. and
6670	(3)(b)3. shall be incorporated into the applicable district and
6671	regional water supply plans adopted in accordance with ss.
6672	373.036 and 373.079. Accordingly, and notwithstanding the permit
6673	durations stated in s. 373.236, an applicant may request and the
6674	applicable district may issue consumptive use permits for
6675	durations commensurate with the long-term master plan. The
6676	permitting criteria in s. 373.223 shall be applied based upon
6677	the projected population and the approved densities and
6678	intensities of use and their distribution in the long-term
6679	master plan. However, nothing in this paragraph shall be
6680	interpreted to supersede the public interest test set forth in
6681	s. 373.223. The host local government shall submit a monitoring
6682	report to the state land planning agency and applicable regional
6683	planning council on an annual basis after adoption of a detailed
6684	specific area plan. The annual monitoring report must provide
6685	summarized information on development orders issued, development
6686	that has occurred, public facility improvements made, and public
6687	facility improvements anticipated over the upcoming 5 years.
6688	(5)  When a plan amendment adopting a detailed specific
6689	area plan has become effective for a portion of the planning
6690	area governed by a long-term master plan adopted pursuant to
6691	this section under ss. 163.3184 and 163.3189(2), the provisions
6692	of s. 380.06 do not apply to development within the geographic
6693	area of the detailed specific area plan. However, any
6694	development-of-regional-impact development order that is vested
6695	from the detailed specific area plan may be enforced pursuant to
6696	under s. 380.11.
6697	(a)  The local government adopting the detailed specific
6698	area plan is primarily responsible for monitoring and enforcing
6699	the detailed specific area plan. Local governments shall not
6700	issue any permits or approvals or provide any extensions of
6701	services to development that are not consistent with the
6702	detailed specific sector area plan.
6703	(b)  If the state land planning agency has reason to
6704	believe that a violation of any detailed specific area plan, or
6705	of any agreement entered into under this section, has occurred
6706	or is about to occur, it may institute an administrative or
6707	judicial proceeding to prevent, abate, or control the conditions
6708	or activity creating the violation, using the procedures in s.
6709	380.11.
6710	(c)  In instituting an administrative or judicial
6711	proceeding involving an optional sector plan or detailed
6712	specific area plan, including a proceeding pursuant to paragraph
6713	(b), the complaining party shall comply with the requirements of
6714	s. 163.3215(4), (5), (6), and (7), except as provided by
6715	paragraph (3)(e).
6716	(d)  The detailed specific area plan shall establish a
6717	buildout date until which the approved development shall not be
6718	subject to downzoning, unit density reduction, or intensity
6719	reduction, unless the local government can demonstrate that
6720	implementation of the plan is not continuing in good faith based
6721	on standards established by plan policy, or that substantial
6722	changes in the conditions underlying the approval of the
6723	detailed specific area plan have occurred, or that the detailed
6724	specific area plan was based on substantially inaccurate
6725	information provided by the applicant, or that the change is
6726	clearly established to be essential to the public health,
6727	safety, or welfare.
6728	(6)  Concurrent with or subsequent to review and adoption
6729	of a long-term master plan pursuant to paragraph (3)(a), an
6730	applicant may apply for master development approval pursuant to
6731	s. 380.06(21) for the entire planning area in order to establish
6732	a buildout date until which the approved uses and densities and
6733	intensities of use of the master plan shall not be subject to
6734	downzoning, unit density reduction, or intensity reduction,
6735	unless the local government can demonstrate that implementation
6736	of the master plan is not continuing in good faith based on
6737	standards established by plan policy, or that substantial
6738	changes in the conditions underlying the approval of the master
6739	plan have occurred, or that the master plan was based on
6740	substantially inaccurate information provided by the applicant,
6741	or that change is clearly established to be essential to the
6742	public health, safety, or welfare. Review of the application for
6743	master development approval shall be at a level of detail
6744	appropriate for the long-term and conceptual nature of the long-
6745	term master plan and, to the maximum extent possible, shall only
6746	consider information provided in the application for a long-term
6747	master plan. Notwithstanding any provision of s. 380.06 to the
6748	contrary, an increment of development in such an approved master
6749	development plan shall be approved by a detailed specific area
6750	plan pursuant to paragraph (3)(b) and shall be exempt from
6751	review pursuant to s 380.06.
6752	(6)  Beginning December 1, 1999, and each year thereafter,
6753	the department shall provide a status report to the Legislative
6754	Committee on Intergovernmental Relations regarding each optional
6755	sector plan authorized under this section.
6756	(7)  A developer within an area subject to a long-term
6757	master plan that meets the requirements of paragraph (3)(a) and
6758	subsection (6) or a detailed specific area plan which meets the
6759	requirements of paragraph (3)(b) may enter into a development
6760	agreement with a local government pursuant to ss. 163.3220-
6761	163.3243. The duration of such a development agreement may be
6762	through the planning period of the long-term master plan or the
6763	detailed specific area plan, as the case may be, notwithstanding
6764	the limit on the duration of a development agreement pursuant to
6765	s. 163.3229.
6766	(8)  Any owner of property within the planning area of a
6767	proposed long-term master plan may withdraw his consent to the
6768	master plan at any time prior to local government adoption, and
6769	the local government shall exclude such parcels from the adopted
6770	master plan. Thereafter, the long-term master plan, any detailed
6771	specific area plan, and the exemption from development-of-
6772	regional-impact review under this section shall not apply to the
6773	subject parcels. After adoption of a long-term master plan, an
6774	owner may withdraw his or her property from the master plan only
6775	with the approval of the local government by plan amendment.
6776	(9)  The adoption of a long-term master plan or a detailed
6777	specific area plan pursuant to this section shall not limit the
6778	right to continue existing agricultural or silvicultural uses or
6779	other natural resource-based operations or to establish similar
6780	new uses that are consistent with the plans approved pursuant to
6781	this section.
6782	(10)  Notwithstanding any provision to the contrary of s.
6783	380.06, part II of chapter 163, or any planning agreement or
6784	plan policy, a landowner or developer who has received approval
6785	of a master development of regional impact development order
6786	pursuant to s. 380.06(21) may apply to implement this order by
6787	filing one or more applications to approve a detailed specific
6788	area plan pursuant to paragraph (3)(b).
6789	(11)  Notwithstanding the provisions of this act, a
6790	detailed specific area plan to implement a conceptual long-term
6791	buildout overlay, adopted by a local government and found in
6792	compliance before July 1, 2011, shall be governed by the
6793	provisions of this section.
6794	(12)(7)  This section may not be construed to abrogate the
6795	rights of any person under this chapter.
6796	Section 28.  Sections 163.3246, 163.32465, and 163.3247,
6797	Florida Statutes, are repealed.
6798	Section 29.  Section 163.3248, Florida Statutes, is created
6799	to read:
6800	163.3248  Rural land stewardship areas.-
6801	(1)  Rural land stewardship areas are designed to establish
6802	a long-term incentive based strategy to balance and guide the
6803	allocation of land so as to accommodate future land uses in a
6804	manner that protects the natural environment, stimulate economic
6805	growth and diversification, and encourage the retention of land
6806	for agriculture and other traditional rural land uses.
6807	(2)  Upon written request by one or more landowners to
6808	designate lands as a rural land stewardship area, or pursuant to
6809	a private sector initiated comprehensive plan amendment local
6810	governments may adopt a future land use overlay to designate all
6811	or portions of lands classified in the future land use element
6812	as predominantly agricultural, rural, open, open-rural, or a
6813	substantively equivalent land use, as a rural land stewardship
6814	area within which planning and economic incentives are applied
6815	to encourage the implementation of innovative and flexible
6816	planning and development strategies and creative land use
6817	planning techniques to support a diverse economic and employment
6818	base.
6819	(3)  Rural land stewardship areas may be used to further
6820	the following broad principles of rural sustainability:
6821	restoration and maintenance of the economic value of rural land;
6822	control of urban sprawl; identification and protection of
6823	ecosystems, habitats, and natural resources; promotion and
6824	diversification of economic activity and employment
6825	opportunities within the rural areas; maintenance of the
6826	viability of the state's agricultural economy; and protection of
6827	private property rights in rural areas of the state. Rural land
6828	stewardship areas may be multicounty in order to encourage
6829	coordinated regional stewardship planning.
6830	(4)  A local government or one or more property owners may
6831	request assistance in participation of the development of a plan
6832	for the rural land stewardship area from the state land planning
6833	agency, the Department of Agriculture and Consumer Services, the
6834	Fish and Wildlife Conservation Commission, the Department of
6835	Environmental Protection, the appropriate water management
6836	district, the Department of Transportation, the regional
6837	planning council, private land owners, and stakeholders.
6838	(5)  A rural land stewardship area shall be not less than
6839	10,000 acres and shall be located outside of municipalities and
6840	established urban service areas, and shall be designated by plan
6841	amendment by each local government with jurisdiction over the
6842	rural land stewardship area. The plan amendment or amendments
6843	designating a rural land stewardship area shall be subject to
6844	review pursuant to s. 163.3184 and shall provide for the
6845	following:
6846	(a)  Criteria for the designation of receiving areas which
6847	shall at a minimum provide for the following: adequacy of
6848	suitable land to accommodate development so as to avoid conflict
6849	with significant environmentally sensitive areas, resources, and
6850	habitats; compatibility between and transition from higher
6851	density uses to lower intensity rural uses; and the
6852	establishment of receiving area service boundaries which provide
6853	for a transition from receiving areas and other land uses within
6854	the rural land stewardship area through limitations on the
6855	extension of services.
6856	(b)  Innovative planning and development strategies to be
6857	applied within rural land stewardship areas pursuant to the
6858	provisions of this section.
6859	(c)  A process for the implementation of innovative
6860	planning and development strategies within the rural land
6861	stewardship area, including those described in this subsection,
6862	which provide for a functional mix of land uses through the
6863	adoption by the local government of zoning and land development
6864	regulations applicable to the rural land stewardship area.
6865	(d)  A mix of densities and intensities that would not be
6866	characterized as urban sprawl through the use of innovative
6867	strategies and creative land use techniques.
6868	(6)  A receiving area may only be designated pursuant to
6869	procedures established in the local government's land
6870	development regulations. At the time of designation of a
6871	stewardship receiving area, a listed species survey will be
6872	performed. If listed species occur on the receiving area site,
6873	the applicant shall coordinate with each appropriate local,
6874	state, or federal agency to determine if adequate provisions
6875	have been made to protect those species in accordance with
6876	applicable regulations. In determining the adequacy of
6877	provisions for the protection of listed species and their
6878	habitats, the rural land stewardship area shall be considered as
6879	a whole, and the potential impacts and protective measures taken
6880	within areas to be developed as receiving areas shall be
6881	considered in conjunction with the substantial benefits derived
6882	from lands set aside and protective measures taken outside of
6883	the designation of receiving areas.
6884	(7)  Upon the adoption of a plan amendment creating a rural
6885	land stewardship area, the local government shall, by ordinance,
6886	establish a rural land stewardship overlay zoning district,
6887	which shall provide the methodology for the creation,
6888	conveyance, and use of transferable rural land use credits,
6889	hereinafter referred to as stewardship credits, the assignment
6890	and application of which shall not constitute a right to develop
6891	land, nor increase density of land, except as provided by this
6892	section. The total amount of stewardship credits within the
6893	rural land stewardship area must enable the realization of the
6894	long-term vision and goals for the rural land stewardship area,
6895	which may take into consideration the anticipated effect of the
6896	proposed receiving areas. The estimated amount of receiving area
6897	shall be projected based on available data and the development
6898	potential represented by the stewardship credits created within
6899	the rural land stewardship area must correlate to that amount.
6900	(8)  Stewardship credits are subject to the following
6901	limitations:
6902	(a)  Stewardship credits may only exist within a rural land
6903	stewardship area.
6904	(b)  Stewardship credits may only be created from lands
6905	designated as stewardship sending areas and may only be used on
6906	lands designated as stewardship receiving areas and then solely
6907	for the purpose of implementing innovative planning and
6908	development strategies and creative land use planning techniques
6909	adopted by the local government pursuant to this section.
6910	(c)  Stewardship credits assigned to a parcel of land
6911	within a rural land stewardship area shall cease to exist if the
6912	parcel of land is removed from the rural land stewardship area
6913	by plan amendment.
6914	(d)  Neither the creation of the rural land stewardship
6915	area by plan amendment nor the adoption of the rural land
6916	stewardship zoning overlay district by the local government
6917	shall displace the underlying permitted uses, density or
6918	intensity of land uses assigned to a parcel of land within the
6919	rural land stewardship area that existed before adoption of the
6920	plan amendment or zoning overlay district; however, once
6921	stewardship credits have been transferred from a designated
6922	sending area for use within a designated receiving area, the
6923	underlying density assigned to the designated sending area shall
6924	cease to exist.
6925	(e)  The underlying permitted uses, density, or intensity
6926	on each parcel of land located within a rural land stewardship
6927	area shall not be increased or decreased by the local
6928	government, except as a result of the conveyance or stewardship
6929	credits, as long as the parcel remains within the rural land
6930	stewardship area.
6931	(f)  Stewardship credits shall cease to exist on a parcel
6932	of land where the underlying density assigned to the parcel of
6933	land is used.
6934	(g)  An increase in the density or intensity of use on a
6935	parcel of land located within a designated receiving area may
6936	occur only through the assignment or use of stewardship credits
6937	and shall not require a plan amendment. A change in the type of
6938	agricultural use on property within a rural land stewardship
6939	area shall not be considered a change in use or intensity of use
6940	and shall not require any transfer of stewardship credits.
6941	(h)  A change in the density or intensity of land use on
6942	parcels located within receiving areas shall be specified in a
6943	development order which reflects the total number of stewardship
6944	credits assigned to the parcel of land and the infrastructure
6945	and support services necessary to provide for a functional mix
6946	of land uses corresponding to the plan of development.
6947	(i)  Land within a rural land stewardship area may be
6948	removed from the rural land stewardship area through a plan
6949	amendment.
6950	(j)  Stewardship credits may be assigned at different
6951	ratios of credits per acre according to the natural resource or
6952	other beneficial use characteristics of the land and according
6953	to the land use remaining following the transfer of credits,
6954	with the highest number of credits per acre assigned to the most
6955	environmentally valuable land or, in locations where the
6956	retention of open space and agricultural land is a priority, to
6957	such lands.
6958	(k)  The use or conveyance of stewardship credits must be
6959	recorded in the public records of the county in which the
6960	property is located as a covenant or restrictive easement
6961	running with the land in favor of the county and either the
6962	Department of Environmental Protection, Department of
6963	Agriculture and Consumer Services, a water management district,
6964	or a recognized statewide land trust.
6965	(9)  Owners of land within rural land stewardship sending
6966	areas should be provided other incentives, in addition to the
6967	use or conveyance of stewardship credits, to enter into rural
6968	land stewardship agreements, pursuant to existing law and rules
6969	adopted thereto, with state agencies, water management
6970	districts, the Fish and Wildlife Conservation Commission, and
6971	local governments to achieve mutually agreed upon objectives.
6972	Such incentives may include, but not be limited to, the
6973	following:
6974	(a)  Opportunity to accumulate transferable wetland and
6975	species habitat mitigation credits for use or sale.
6976	(b)  Extended permit agreements.
6977	(c)  Opportunities for recreational leases and ecotourism.
6978	(d)  Compensation for the achievement of specified land
6979	management activities of public benefit, including, but not
6980	limited to, facility siting and corridors, recreational leases,
6981	water conservation and storage, water reuse, wastewater
6982	recycling, water supply and water resource development, nutrient
6983	reduction, environmental restoration and mitigation, public
6984	recreation, listed species protection and recovery, and wildlife
6985	corridor management and enhancement.
6986	(e)  Option agreements for sale to public entities or
6987	private land conservation entities, in either fee or easement,
6988	upon achievement of specified conservation objectives.
6989	(10)  The provisions of paragraph (9)(d) constitute an
6990	overlay of land use options that provide economic and regulatory
6991	incentives for landowners outside of established and planned
6992	urban service areas to conserve and manage vast areas of land
6993	for the benefit of the state's citizens and natural environment
6994	while maintaining and enhancing the asset value of their
6995	landholdings. It is the intent of the Legislature that the
6996	provisions of this section be implemented pursuant to law and
6997	rulemaking is not authorized.
6998	Section 30.  Paragraph (a) of subsection (2) of section
6999	163.360, Florida Statutes, is amended to read:
7000	163.360  Community redevelopment plans.-
7001	(2)  The community redevelopment plan shall:
7002	(a)  Conform to the comprehensive plan for the county or
7003	municipality as prepared by the local planning agency under the
7004	Community Local Government Comprehensive Planning and Land
7005	Development Regulation Act.
7006	Section 31.  Paragraph (a) of subsection (3) and subsection
7007	(8) of section 163.516, Florida Statutes, are amended to read:
7008	163.516  Safe neighborhood improvement plans.-
7009	(3)  The safe neighborhood improvement plan shall:
7010	(a)  Be consistent with the adopted comprehensive plan for
7011	the county or municipality pursuant to the Community Local
7012	Government Comprehensive Planning and Land Development
7013	Regulation Act. No district plan shall be implemented unless the
7014	local governing body has determined said plan is consistent.
7015	(8)  Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
7016	the governing body of a municipality or county shall hold two
7017	public hearings to consider the board-adopted safe neighborhood
7018	improvement plan as an amendment or modification to the
7019	municipality's or county's adopted local comprehensive plan.
7020	Section 32.  Paragraph (f) of subsection (6), subsection
7021	(9), and paragraph (c) of subsection (11) of section 171.203,
7022	Florida Statutes, are amended to read:
7023	171.203  Interlocal service boundary agreement.-The
7024	governing body of a county and one or more municipalities or
7025	independent special districts within the county may enter into
7026	an interlocal service boundary agreement under this part. The
7027	governing bodies of a county, a municipality, or an independent
7028	special district may develop a process for reaching an
7029	interlocal service boundary agreement which provides for public
7030	participation in a manner that meets or exceeds the requirements
7031	of subsection (13), or the governing bodies may use the process
7032	established in this section.
7033	(6)  An interlocal service boundary agreement may address
7034	any issue concerning service delivery, fiscal responsibilities,
7035	or boundary adjustment. The agreement may include, but need not
7036	be limited to, provisions that:
7037	(f)  Establish a process for land use decisions consistent
7038	with part II of chapter 163, including those made jointly by the
7039	governing bodies of the county and the municipality, or allow a
7040	municipality to adopt land use changes consistent with part II
7041	of chapter 163 for areas that are scheduled to be annexed within
7042	the term of the interlocal agreement; however, the county
7043	comprehensive plan and land development regulations shall
7044	control until the municipality annexes the property and amends
7045	its comprehensive plan accordingly. Comprehensive plan
7046	amendments to incorporate the process established by this
7047	paragraph are exempt from the twice-per-year limitation under s.
7048	163.3187.
7049	(9)  Each local government that is a party to the
7050	interlocal service boundary agreement shall amend the
7051	intergovernmental coordination element of its comprehensive
7052	plan, as described in s. 163.3177(6)(h)1., no later than 6
7053	months following entry of the interlocal service boundary
7054	agreement consistent with s. 163.3177(6)(h)1. Plan amendments
7055	required by this subsection are exempt from the twice-per-year
7056	limitation under s. 163.3187.
7057	(11)
7058	(c)  Any amendment required by paragraph (a) is exempt from
7059	the twice-per-year limitation under s. 163.3187.
7060	Section 33.  Section 186.513, Florida Statutes, is amended
7061	to read:
7062	186.513  Reports.-Each regional planning council shall
7063	prepare and furnish an annual report on its activities to the
7064	state land planning agency as defined in s. 163.3164(20) and the
7065	local general-purpose governments within its boundaries and,
7066	upon payment as may be established by the council, to any
7067	interested person. The regional planning councils shall make a
7068	joint report and recommendations to appropriate legislative
7069	committees.
7070	Section 34.  Section 186.515, Florida Statutes, is amended
7071	to read:
7072	186.515  Creation of regional planning councils under
7073	chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and
7074	186.515 is intended to repeal or limit the provisions of chapter
7075	163; however, the local general-purpose governments serving as
7076	voting members of the governing body of a regional planning
7077	council created pursuant to ss. 186.501-186.507, 186.513, and
7078	186.515 are not authorized to create a regional planning council
7079	pursuant to chapter 163 unless an agency, other than a regional
7080	planning council created pursuant to ss. 186.501-186.507,
7081	186.513, and 186.515, is designated to exercise the powers and
7082	duties in any one or more of ss. 163.3164(19) and 380.031(15);
7083	in which case, such a regional planning council is also without
7084	authority to exercise the powers and duties in s. 163.3164(19)
7085	or s. 380.031(15).
7086	Section 35.  Subsection (1) of section 189.415, Florida
7087	Statutes, is amended to read:
7088	189.415  Special district public facilities report.-
7089	(1)  It is declared to be the policy of this state to
7090	foster coordination between special districts and local general-
7091	purpose governments as those local general-purpose governments
7092	develop comprehensive plans under the Community Local Government
7093	Comprehensive Planning and Land Development Regulation Act,
7094	pursuant to part II of chapter 163.
7095	Section 36.  Subsection (3) of section 190.004, Florida
7096	Statutes, is amended to read:
7097	190.004  Preemption; sole authority.-
7098	(3)  The establishment of an independent community
7099	development district as provided in this act is not a
7100	development order within the meaning of chapter 380. All
7101	governmental planning, environmental, and land development laws,
7102	regulations, and ordinances apply to all development of the land
7103	within a community development district. Community development
7104	districts do not have the power of a local government to adopt a
7105	comprehensive plan, building code, or land development code, as
7106	those terms are defined in the Community Local Government
7107	Comprehensive Planning and Land Development Regulation Act. A
7108	district shall take no action which is inconsistent with
7109	applicable comprehensive plans, ordinances, or regulations of
7110	the applicable local general-purpose government.
7111	Section 37.  Paragraph (a) of subsection (1) of section
7112	190.005, Florida Statutes, is amended to read:
7113	190.005  Establishment of district.-
7114	(1)  The exclusive and uniform method for the establishment
7115	of a community development district with a size of 1,000 acres
7116	or more shall be pursuant to a rule, adopted under chapter 120
7117	by the Florida Land and Water Adjudicatory Commission, granting
7118	a petition for the establishment of a community development
7119	district.
7120	(a)  A petition for the establishment of a community
7121	development district shall be filed by the petitioner with the
7122	Florida Land and Water Adjudicatory Commission. The petition
7123	shall contain:
7124	1.  A metes and bounds description of the external
7125	boundaries of the district. Any real property within the
7126	external boundaries of the district which is to be excluded from
7127	the district shall be specifically described, and the last known
7128	address of all owners of such real property shall be listed. The
7129	petition shall also address the impact of the proposed district
7130	on any real property within the external boundaries of the
7131	district which is to be excluded from the district.
7132	2.  The written consent to the establishment of the
7133	district by all landowners whose real property is to be included
7134	in the district or documentation demonstrating that the
7135	petitioner has control by deed, trust agreement, contract, or
7136	option of 100 percent of the real property to be included in the
7137	district, and when real property to be included in the district
7138	is owned by a governmental entity and subject to a ground lease
7139	as described in s. 190.003(14), the written consent by such
7140	governmental entity.
7141	3.  A designation of five persons to be the initial members
7142	of the board of supervisors, who shall serve in that office
7143	until replaced by elected members as provided in s. 190.006.
7144	4.  The proposed name of the district.
7145	5.  A map of the proposed district showing current major
7146	trunk water mains and sewer interceptors and outfalls if in
7147	existence.
7148	6.  Based upon available data, the proposed timetable for
7149	construction of the district services and the estimated cost of
7150	constructing the proposed services. These estimates shall be
7151	submitted in good faith but shall not be binding and may be
7152	subject to change.
7153	7.  A designation of the future general distribution,
7154	location, and extent of public and private uses of land proposed
7155	for the area within the district by the future land use plan
7156	element of the effective local government comprehensive plan of
7157	which all mandatory elements have been adopted by the applicable
7158	general-purpose local government in compliance with the
7159	Community Local Government Comprehensive Planning and Land
7160	Development Regulation Act.
7161	8.  A statement of estimated regulatory costs in accordance
7162	with the requirements of s. 120.541.
7163	Section 38.  Paragraph (i) of subsection (6) of section
7164	193.501, Florida Statutes, is amended to read:
7165	193.501  Assessment of lands subject to a conservation
7166	easement, environmentally endangered lands, or lands used for
7167	outdoor recreational or park purposes when land development
7168	rights have been conveyed or conservation restrictions have been
7169	covenanted.-
7170	(6)  The following terms whenever used as referred to in
7171	this section have the following meanings unless a different
7172	meaning is clearly indicated by the context:
7173	(i)  "Qualified as environmentally endangered" means land
7174	that has unique ecological characteristics, rare or limited
7175	combinations of geological formations, or features of a rare or
7176	limited nature constituting habitat suitable for fish, plants,
7177	or wildlife, and which, if subject to a development moratorium
7178	or one or more conservation easements or development
7179	restrictions appropriate to retaining such land or water areas
7180	predominantly in their natural state, would be consistent with
7181	the conservation, recreation and open space, and, if applicable,
7182	coastal protection elements of the comprehensive plan adopted by
7183	formal action of the local governing body pursuant to s.
7184	163.3161, the Community Local Government Comprehensive Planning
7185	and Land Development Regulation Act; or surface waters and
7186	wetlands, as determined by the methodology ratified in s.
7187	373.4211.
7188	Section 39.  Subsection (15) of section 287.042, Florida
7189	Statutes, is amended to read:
7190	287.042  Powers, duties, and functions.-The department
7191	shall have the following powers, duties, and functions:
7192	(15)  To enter into joint agreements with governmental
7193	agencies, as defined in s. 163.3164(10), for the purpose of
7194	pooling funds for the purchase of commodities or information
7195	technology that can be used by multiple agencies.
7196	(a)  Each agency that has been appropriated or has existing
7197	funds for such purchase, shall, upon contract award by the
7198	department, transfer their portion of the funds into the
7199	department's Operating Trust Fund for payment by the department.
7200	The funds shall be transferred by the Executive Office of the
7201	Governor pursuant to the agency budget amendment request
7202	provisions in chapter 216.
7203	(b)  Agencies that sign the joint agreements are
7204	financially obligated for their portion of the agreed-upon
7205	funds. If an agency becomes more than 90 days delinquent in
7206	paying the funds, the department shall certify to the Chief
7207	Financial Officer the amount due, and the Chief Financial
7208	Officer shall transfer the amount due to the Operating Trust
7209	Fund of the department from any of the agency's available funds.
7210	The Chief Financial Officer shall report these transfers and the
7211	reasons for the transfers to the Executive Office of the
7212	Governor and the legislative appropriations committees.
7213	Section 40.  Subsection (4) of section 288.063, Florida
7214	Statutes, is amended to read:
7215	288.063  Contracts for transportation projects.-
7216	(4)  The Office of Tourism, Trade, and Economic Development
7217	may adopt criteria by which transportation projects are to be
7218	reviewed and certified in accordance with s. 288.061. In
7219	approving transportation projects for funding, the Office of
7220	Tourism, Trade, and Economic Development shall consider factors
7221	including, but not limited to, the cost per job created or
7222	retained considering the amount of transportation funds
7223	requested; the average hourly rate of wages for jobs created;
7224	the reliance on the program as an inducement for the project's
7225	location decision; the amount of capital investment to be made
7226	by the business; the demonstrated local commitment; the location
7227	of the project in an enterprise zone designated pursuant to s.
7228	290.0055; the location of the project in a spaceport territory
7229	as defined in s. 331.304; the unemployment rate of the
7230	surrounding area; and the poverty rate of the community; and the
7231	adoption of an economic element as part of its local
7232	comprehensive plan in accordance with s. 163.3177(7)(j). The
7233	Office of Tourism, Trade, and Economic Development may contact
7234	any agency it deems appropriate for additional input regarding
7235	the approval of projects.
7236	Section 41.  Paragraph (a) of subsection (2), subsection
7237	(10), and paragraph (d) of subsection (12) of section 288.975,
7238	Florida Statutes, are amended to read:
7239	288.975  Military base reuse plans.-
7240	(2)  As used in this section, the term:
7241	(a)  "Affected local government" means a local government
7242	adjoining the host local government and any other unit of local
7243	government that is not a host local government but that is
7244	identified in a proposed military base reuse plan as providing,
7245	operating, or maintaining one or more public facilities as
7246	defined in s. 163.3164(24) on lands within or serving a military
7247	base designated for closure by the Federal Government.
7248	(10)  Within 60 days after receipt of a proposed military
7249	base reuse plan, these entities shall review and provide
7250	comments to the host local government. The commencement of this
7251	review period shall be advertised in newspapers of general
7252	circulation within the host local government and any affected
7253	local government to allow for public comment. No later than 180
7254	days after receipt and consideration of all comments, and the
7255	holding of at least two public hearings, the host local
7256	government shall adopt the military base reuse plan. The host
7257	local government shall comply with the notice requirements set
7258	forth in s. 163.3184(11)(15) to ensure full public participation
7259	in this planning process.
7260	(12)  Following receipt of a petition, the petitioning
7261	party or parties and the host local government shall seek
7262	resolution of the issues in dispute. The issues in dispute shall
7263	be resolved as follows:
7264	(d)  Within 45 days after receiving the report from the
7265	state land planning agency, the Administration Commission shall
7266	take action to resolve the issues in dispute. In deciding upon a
7267	proper resolution, the Administration Commission shall consider
7268	the nature of the issues in dispute, any requests for a formal
7269	administrative hearing pursuant to chapter 120, the compliance
7270	of the parties with this section, the extent of the conflict
7271	between the parties, the comparative hardships and the public
7272	interest involved. If the Administration Commission incorporates
7273	in its final order a term or condition that requires any local
7274	government to amend its local government comprehensive plan, the
7275	local government shall amend its plan within 60 days after the
7276	issuance of the order. Such amendment or amendments shall be
7277	exempt from the limitation of the frequency of plan amendments
7278	contained in s. 163.3187(1), and A public hearing on such
7279	amendment or amendments pursuant to s. 163.3184(11)(15)(b)1.
7280	shall not be required. The final order of the Administration
7281	Commission is subject to appeal pursuant to s. 120.68. If the
7282	order of the Administration Commission is appealed, the time for
7283	the local government to amend its plan shall be tolled during
7284	the pendency of any local, state, or federal administrative or
7285	judicial proceeding relating to the military base reuse plan.
7286	Section 42.  Subsection (4) of section 290.0475, Florida
7287	Statutes, is amended to read:
7288	290.0475  Rejection of grant applications; penalties for
7289	failure to meet application conditions.-Applications received
7290	for funding under all program categories shall be rejected
7291	without scoring only in the event that any of the following
7292	circumstances arise:
7293	(4)  The application is not consistent with the local
7294	government's comprehensive plan adopted pursuant to s.
7295	163.3184(7).
7296	Section 43.  Paragraph (c) of subsection (3) of section
7297	311.07, Florida Statutes, is amended to read:
7298	311.07  Florida seaport transportation and economic
7299	development funding.-
7300	(3)
7301	(c)  To be eligible for consideration by the council
7302	pursuant to this section, a project must be consistent with the
7303	port comprehensive master plan which is incorporated as part of
7304	the approved local government comprehensive plan as required by
7305	s. 163.3178(2)(k) or other provisions of the Community Local
7306	Government Comprehensive Planning and Land Development
7307	Regulation Act, part II of chapter 163.
7308	Section 44.  Subsection (1) of section 331.319, Florida
7309	Statutes, is amended to read:
7310	331.319  Comprehensive planning; building and safety
7311	codes.-The board of directors may:
7312	(1)  Adopt, and from time to time review, amend,
7313	supplement, or repeal, a comprehensive general plan for the
7314	physical development of the area within the spaceport territory
7315	in accordance with the objectives and purposes of this act and
7316	consistent with the comprehensive plans of the applicable county
7317	or counties and municipality or municipalities adopted pursuant
7318	to the Community Local Government Comprehensive Planning and
7319	Land Development Regulation Act, part II of chapter 163.
7320	Section 45.  Paragraph (e) of subsection (5) of section
7321	339.155, Florida Statutes, is amended to read:
7322	339.155  Transportation planning.-
7323	(5)  ADDITIONAL TRANSPORTATION PLANS.-
7324	(e)  The regional transportation plan developed pursuant to
7325	this section must, at a minimum, identify regionally significant
7326	transportation facilities located within a regional
7327	transportation area and contain a prioritized list of regionally
7328	significant projects. The level-of-service standards for
7329	facilities to be funded under this subsection shall be adopted
7330	by the appropriate local government in accordance with s.
7331	163.3180(10). The projects shall be adopted into the capital
7332	improvements schedule of the local government comprehensive plan
7333	pursuant to s. 163.3177(3).
7334	Section 46.  Paragraph (a) of subsection (4) of section
7335	339.2819, Florida Statutes, is amended to read:
7336	339.2819  Transportation Regional Incentive Program.-
7337	(4)(a)  Projects to be funded with Transportation Regional
7338	Incentive Program funds shall, at a minimum:
7339	1.  Support those transportation facilities that serve
7340	national, statewide, or regional functions and function as an
7341	integrated regional transportation system.
7342	2.  Be identified in the capital improvements element of a
7343	comprehensive plan that has been determined to be in compliance
7344	with part II of chapter 163, after July 1, 2005, or to implement
7345	a long-term concurrency management system adopted by a local
7346	government in accordance with s. 163.3180(9). Further, the
7347	project shall be in compliance with local government
7348	comprehensive plan policies relative to corridor management.
7349	3.  Be consistent with the Strategic Intermodal System Plan
7350	developed under s. 339.64.
7351	4.  Have a commitment for local, regional, or private
7352	financial matching funds as a percentage of the overall project
7353	cost.
7354	Section 47.  Subsection (5) of section 369.303, Florida
7355	Statutes, is amended to read:
7356	369.303  Definitions.-As used in this part:
7357	(5)  "Land development regulation" means a regulation
7358	covered by the definition in s. 163.3164(23) and any of the
7359	types of regulations described in s. 163.3202.
7360	Section 48.  Subsections (5) and (7) of section 369.321,
7361	Florida Statutes, are amended to read:
7362	369.321  Comprehensive plan amendments.-Except as otherwise
7363	expressly provided, by January 1, 2006, each local government
7364	within the Wekiva Study Area shall amend its local government
7365	comprehensive plan to include the following:
7366	(5)  Comprehensive plans and comprehensive plan amendments
7367	adopted by the local governments to implement this section shall
7368	be reviewed by the Department of Community Affairs pursuant to
7369	s. 163.3184, and shall be exempt from the provisions of s.
7370	163.3187(1).
7371	(7)  During the period prior to the adoption of the
7372	comprehensive plan amendments required by this act, any local
7373	comprehensive plan amendment adopted by a city or county that
7374	applies to land located within the Wekiva Study Area shall
7375	protect surface and groundwater resources and be reviewed by the
7376	Department of Community Affairs, pursuant to chapter 163 and
7377	chapter 9J-5, Florida Administrative Code, using best available
7378	data, including the information presented to the Wekiva River
7379	Basin Coordinating Committee.
7380	Section 49.  Subsection (1) of section 378.021, Florida
7381	Statutes, is amended to read:
7382	378.021  Master reclamation plan.-
7383	(1)  The Department of Environmental Protection shall amend
7384	the master reclamation plan that provides guidelines for the
7385	reclamation of lands mined or disturbed by the severance of
7386	phosphate rock prior to July 1, 1975, which lands are not
7387	subject to mandatory reclamation under part II of chapter 211.
7388	In amending the master reclamation plan, the Department of
7389	Environmental Protection shall continue to conduct an onsite
7390	evaluation of all lands mined or disturbed by the severance of
7391	phosphate rock prior to July 1, 1975, which lands are not
7392	subject to mandatory reclamation under part II of chapter 211.
7393	The master reclamation plan when amended by the Department of
7394	Environmental Protection shall be consistent with local
7395	government plans prepared pursuant to the Community Local
7396	Government Comprehensive Planning and Land Development
7397	Regulation Act.
7398	Section 50.  Subsection (10) of section 380.031, Florida
7399	Statutes, is amended to read:
7400	380.031  Definitions.-As used in this chapter:
7401	(10)  "Local comprehensive plan" means any or all local
7402	comprehensive plans or elements or portions thereof prepared,
7403	adopted, or amended pursuant to the Community Local Government
7404	Comprehensive Planning and Land Development Regulation Act, as
7405	amended.
7406	Section 51.  Paragraph (b) of subsection (6), paragraphs
7407	(l), (m), and (s) of subsection (24), paragraph (e) of
7408	subsection (28), and paragraphs (a) and (e) of subsection (29)
7409	of section 380.06, Florida Statutes, are amended to read:
7410	380.06  Developments of regional impact.-
7411	(6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7412	PLAN AMENDMENTS.-
7413	(b)  Any local government comprehensive plan amendments
7414	related to a proposed development of regional impact, including
7415	any changes proposed under subsection (19), may be initiated by
7416	a local planning agency or the developer and must be considered
7417	by the local governing body at the same time as the application
7418	for development approval using the procedures provided for local
7419	plan amendment in s. 163.3187 or s. 163.3189 and applicable
7420	local ordinances, without regard to statutory or local ordinance
7421	limits on the frequency of consideration of amendments to the
7422	local comprehensive plan. Nothing in this paragraph shall be
7423	deemed to require favorable consideration of a plan amendment
7424	solely because it is related to a development of regional
7425	impact. The procedure for processing such comprehensive plan
7426	amendments is as follows:
7427	1.  If a developer seeks a comprehensive plan amendment
7428	related to a development of regional impact, the developer must
7429	so notify in writing the regional planning agency, the
7430	applicable local government, and the state land planning agency
7431	no later than the date of preapplication conference or the
7432	submission of the proposed change under subsection (19).
7433	2.  When filing the application for development approval or
7434	the proposed change, the developer must include a written
7435	request for comprehensive plan amendments that would be
7436	necessitated by the development-of-regional-impact approvals
7437	sought. That request must include data and analysis upon which
7438	the applicable local government can determine whether to
7439	transmit the comprehensive plan amendment pursuant to s.
7440	163.3184.
7441	3.  The local government must advertise a public hearing on
7442	the transmittal within 30 days after filing the application for
7443	development approval or the proposed change and must make a
7444	determination on the transmittal within 60 days after the
7445	initial filing unless that time is extended by the developer.
7446	4.  If the local government approves the transmittal,
7447	procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
7448	followed.
7449	5.  Notwithstanding subsection (11) or subsection (19), the
7450	local government may not hold a public hearing on the
7451	application for development approval or the proposed change or
7452	on the comprehensive plan amendments sooner than 30 days from
7453	receipt of the response from the state land planning agency
7454	pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
7455	local governments to adopt, adopt with changes, or not adopt
7456	plan amendments pursuant to s. 163.3184(7) shall not apply to
7457	concurrent plan amendments provided for in this subsection.
7458	6.  The local government must hear both the application for
7459	development approval or the proposed change and the
7460	comprehensive plan amendments at the same hearing. However, the
7461	local government must take action separately on the application
7462	for development approval or the proposed change and on the
7463	comprehensive plan amendments.
7464	7.  Thereafter, the appeal process for the local government
7465	development order must follow the provisions of s. 380.07, and
7466	the compliance process for the comprehensive plan amendments
7467	must follow the provisions of s. 163.3184.
7468	(24)  STATUTORY EXEMPTIONS.-
7469	(l)  Any proposed development within an urban service
7470	boundary established under s. 163.3177(14), which is not
7471	otherwise exempt pursuant to subsection (29), is exempt from the
7472	provisions of this section if the local government having
7473	jurisdiction over the area where the development is proposed has
7474	adopted the urban service boundary, has entered into a binding
7475	agreement with jurisdictions that would be impacted and with the
7476	Department of Transportation regarding the mitigation of impacts
7477	on state and regional transportation facilities, and has adopted
7478	a proportionate share methodology pursuant to s. 163.3180(16).
7479	(m)  Any proposed development within a rural land
7480	stewardship area created under s. 163.3248 163.3177(11)(d) is
7481	exempt from the provisions of this section if the local
7482	government that has adopted the rural land stewardship area has
7483	entered into a binding agreement with jurisdictions that would
7484	be impacted and the Department of Transportation regarding the
7485	mitigation of impacts on state and regional transportation
7486	facilities, and has adopted a proportionate share methodology
7487	pursuant to s. 163.3180(16).
7488	(s)  Any development in a detailed specific area plan which
7489	is prepared and adopted pursuant to s. 163.3245 and adopted into
7490	the comprehensive plan is exempt from this section.
7491
7492	If a use is exempt from review as a development of regional
7493	impact under paragraphs (a)-(s), but will be part of a larger
7494	project that is subject to review as a development of regional
7495	impact, the impact of the exempt use must be included in the
7496	review of the larger project, unless such exempt use involves a
7497	development of regional impact that includes a landowner,
7498	tenant, or user that has entered into a funding agreement with
7499	the Office of Tourism, Trade, and Economic Development under the
7500	Innovation Incentive Program and the agreement contemplates a
7501	state award of at least $50 million.
7502	(28)  PARTIAL STATUTORY EXEMPTIONS.-
7503	(e)  The vesting provision of s. 163.3167(5)(8) relating to
7504	an authorized development of regional impact shall not apply to
7505	those projects partially exempt from the development-of-
7506	regional-impact review process under paragraphs (a)-(d).
7507	(29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
7508	(a)  The following are exempt from this section:
7509	1.  Any proposed development in a municipality that has an
7510	average of at least 1,000 people per square mile of land area
7511	and a minimum total population of at least 5,000 qualifies as a
7512	dense urban land area as defined in s. 163.3164;
7513	2.  Any proposed development within a county that has an
7514	average of at least 1,000 people per square mile of land area
7515	qualifies as a dense urban land area as defined in s. 163.3164
7516	and that is located within an urban service area as defined in
7517	s. 163.3164 which has been adopted into the comprehensive plan;
7518	or
7519	3.  Any proposed development within a county, including the
7520	municipalities located therein, which has a population of at
7521	least 900,000, that has an average of at least 1,000 people per
7522	square mile of land area which qualifies as a dense urban land
7523	area under s. 163.3164, but which does not have an urban service
7524	area designated in the comprehensive plan.
7525
7526	The Office of Economic and Demographic Research within the
7527	Legislature shall annually calculate the population and density
7528	criteria needed to determine which jurisdictions meet the
7529	density criteria in subparagraphs 1.-3. by using the most recent
7530	land area data from the decennial census conducted by the Bureau
7531	of the Census of the United States Department of Commerce and
7532	the latest available population estimates determined pursuant to
7533	s. 186.901. If any local government has had an annexation,
7534	contraction, or new incorporation, the Office of Economic and
7535	Demographic Research shall determine the population density
7536	using the new jurisdictional boundaries as recorded in
7537	accordance with s. 171.091. The Office of Economic and
7538	Demographic Research shall annually submit to the state land
7539	planning agency by July 1 a list of jurisdictions that meet the
7540	total population and density criteria. The state land planning
7541	agency shall publish the list of jurisdictions on its Internet
7542	website within 7 days after the list is received. The
7543	designation of jurisdictions that meet the density criteria of
7544	subparagraphs 1.-3. is effective upon publication on the state
7545	land planning agency's Internet website. Any area that meets the
7546	density criteria may not thereafter be removed from the list of
7547	areas that qualify.
7548	(e)  In an area that is exempt under paragraphs (a)-(c),
7549	any previously approved development-of-regional-impact
7550	development orders shall continue to be effective, but the
7551	developer has the option to be governed by s. 380.115(1). A
7552	pending application for development approval shall be governed
7553	by s. 380.115(2). A development that has a pending application
7554	for a comprehensive plan amendment and that elects not to
7555	continue development-of-regional-impact review is exempt from
7556	the limitation on plan amendments set forth in s. 163.3187(1)
7557	for the year following the effective date of the exemption.
7558	Section 52.  Paragraph (a) of subsection (8) of section
7559	380.061, Florida Statutes, is amended to read:
7560	380.061  The Florida Quality Developments program.-
7561	(8)(a)  Any local government comprehensive plan amendments
7562	related to a Florida Quality Development may be initiated by a
7563	local planning agency and considered by the local governing body
7564	at the same time as the application for development approval,
7565	using the procedures provided for local plan amendment in s.
7566	163.3187 or s. 163.3189 and applicable local ordinances, without
7567	regard to statutory or local ordinance limits on the frequency
7568	of consideration of amendments to the local comprehensive plan.
7569	Nothing in this subsection shall be construed to require
7570	favorable consideration of a Florida Quality Development solely
7571	because it is related to a development of regional impact.
7572	Section 53.  Paragraph (a) of subsection (2) of section
7573	380.065, Florida Statutes, is amended to read:
7574	380.065  Certification of local government review of
7575	development.-
7576	(2)  When a petition is filed, the state land planning
7577	agency shall have no more than 90 days to prepare and submit to
7578	the Administration Commission a report and recommendations on
7579	the proposed certification. In deciding whether to grant
7580	certification, the Administration Commission shall determine
7581	whether the following criteria are being met:
7582	(a)  The petitioning local government has adopted and
7583	effectively implemented a local comprehensive plan and
7584	development regulations which comply with ss. 163.3161-163.3215,
7585	the Community Local Government Comprehensive Planning and Land
7586	Development Regulation Act.
7587	Section 54.  Subsection (3) of section 380.115, Florida
7588	Statutes, is amended to read:
7589	380.115  Vested rights and duties; effect of size
7590	reduction, changes in guidelines and standards.-
7591	(3)  A landowner that has filed an application for a
7592	development-of-regional-impact review prior to the adoption of a
7593	an optional sector plan pursuant to s. 163.3245 may elect to
7594	have the application reviewed pursuant to s. 380.06,
7595	comprehensive plan provisions in force prior to adoption of the
7596	sector plan, and any requested comprehensive plan amendments
7597	that accompany the application.
7598	Section 55.  Subsection (1) of section 403.50665, Florida
7599	Statutes, is amended to read:
7600	403.50665  Land use consistency.-
7601	(1)  The applicant shall include in the application a
7602	statement on the consistency of the site and any associated
7603	facilities that constitute a "development," as defined in s.
7604	380.04, with existing land use plans and zoning ordinances that
7605	were in effect on the date the application was filed and a full
7606	description of such consistency. This information shall include
7607	an identification of those associated facilities that the
7608	applicant believes are exempt from the requirements of land use
7609	plans and zoning ordinances under the provisions of the
7610	Community Local Government Comprehensive Planning and Land
7611	Development Regulation Act provisions of chapter 163 and s.
7612	380.04(3).
7613	Section 56.  Subsection (13) and paragraph (a) of
7614	subsection (14) of section 403.973, Florida Statutes, are
7615	amended to read:
7616	403.973  Expedited permitting; amendments to comprehensive
7617	plans.-
7618	(13)  Notwithstanding any other provisions of law:
7619	(a)  Local comprehensive plan amendments for projects
7620	qualified under this section are exempt from the twice-a-year
7621	limits provision in s. 163.3187; and
7622	(b)  Projects qualified under this section are not subject
7623	to interstate highway level-of-service standards adopted by the
7624	Department of Transportation for concurrency purposes. The
7625	memorandum of agreement specified in subsection (5) must include
7626	a process by which the applicant will be assessed a fair share
7627	of the cost of mitigating the project's significant traffic
7628	impacts, as defined in chapter 380 and related rules. The
7629	agreement must also specify whether the significant traffic
7630	impacts on the interstate system will be mitigated through the
7631	implementation of a project or payment of funds to the
7632	Department of Transportation. Where funds are paid, the
7633	Department of Transportation must include in the 5-year work
7634	program transportation projects or project phases, in an amount
7635	equal to the funds received, to mitigate the traffic impacts
7636	associated with the proposed project.
7637	(14)(a)  Challenges to state agency action in the expedited
7638	permitting process for projects processed under this section are
7639	subject to the summary hearing provisions of s. 120.574, except
7640	that the administrative law judge's decision, as provided in s.
7641	120.574(2)(f), shall be in the form of a recommended order and
7642	shall not constitute the final action of the state agency. In
7643	those proceedings where the action of only one agency of the
7644	state other than the Department of Environmental Protection is
7645	challenged, the agency of the state shall issue the final order
7646	within 45 working days after receipt of the administrative law
7647	judge's recommended order, and the recommended order shall
7648	inform the parties of their right to file exceptions or
7649	responses to the recommended order in accordance with the
7650	uniform rules of procedure pursuant to s. 120.54. In those
7651	proceedings where the actions of more than one agency of the
7652	state are challenged, the Governor shall issue the final order
7653	within 45 working days after receipt of the administrative law
7654	judge's recommended order, and the recommended order shall
7655	inform the parties of their right to file exceptions or
7656	responses to the recommended order in accordance with the
7657	uniform rules of procedure pursuant to s. 120.54. This paragraph
7658	does not apply to the issuance of department licenses required
7659	under any federally delegated or approved permit program. In
7660	such instances, the department shall enter the final order. The
7661	participating agencies of the state may opt at the preliminary
7662	hearing conference to allow the administrative law judge's
7663	decision to constitute the final agency action. If a
7664	participating local government agrees to participate in the
7665	summary hearing provisions of s. 120.574 for purposes of review
7666	of local government comprehensive plan amendments, s.
7667	163.3184(9) and (10) apply.
7668	Section 57.  Subsections (9) and (10) of section 420.5095,
7669	Florida Statutes, are amended to read:
7670	420.5095  Community Workforce Housing Innovation Pilot
7671	Program.-
7672	(9)  Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any
7673	local government comprehensive plan amendment to implement a
7674	Community Workforce Housing Innovation Pilot Program project
7675	found consistent with the provisions of this section shall be
7676	expedited as provided in this subsection. At least 30 days prior
7677	to adopting a plan amendment under this subsection, the local
7678	government shall notify the state land planning agency of its
7679	intent to adopt such an amendment, and the notice shall include
7680	its evaluation related to site suitability and availability of
7681	facilities and services. The public notice of the hearing
7682	required by s. 163.3184(11)(15)(b)2. shall include a statement
7683	that the local government intends to use the expedited adoption
7684	process authorized by this subsection. Such amendments shall
7685	require only a single public hearing before the governing board,
7686	which shall be an adoption hearing as described in s.
7687	163.3184(4)(e)(7). The state land planning agency shall issue
7688	its notice of intent pursuant to s. 163.3184(8) within 30 days
7689	after determining that the amendment package is complete. Any
7690	further proceedings shall be governed by s. ss. 163.3184(5)-
7691	(13)(9)-(16). Amendments proposed under this section are not
7692	subject to s. 163.3187(1), which limits the adoption of a
7693	comprehensive plan amendment to no more than two times during
7694	any calendar year.
7695	(10)  The processing of approvals of development orders or
7696	development permits, as defined in s. 163.3164(7) and (8), for
7697	innovative community workforce housing projects shall be
7698	expedited.
7699	Section 58.  Subsection (5) of section 420.615, Florida
7700	Statutes, is amended to read:
7701	420.615  Affordable housing land donation density bonus
7702	incentives.-
7703	(5)  The local government, as part of the approval process,
7704	shall adopt a comprehensive plan amendment, pursuant to part II
7705	of chapter 163, for the receiving land that incorporates the
7706	density bonus. Such amendment shall be adopted in the manner as
7707	required for small-scale amendments pursuant to s. 163.3187, is
7708	not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
7709	and is exempt from the limitation on the frequency of plan
7710	amendments as provided in s. 163.3187.
7711	Section 59.  Subsection (16) of section 420.9071, Florida
7712	Statutes, is amended to read:
7713	420.9071  Definitions.-As used in ss. 420.907-420.9079, the
7714	term:
7715	(16)  "Local housing incentive strategies" means local
7716	regulatory reform or incentive programs to encourage or
7717	facilitate affordable housing production, which include at a
7718	minimum, assurance that permits as defined in s. 163.3164(7) and
7719	(8) for affordable housing projects are expedited to a greater
7720	degree than other projects; an ongoing process for review of
7721	local policies, ordinances, regulations, and plan provisions
7722	that increase the cost of housing prior to their adoption; and a
7723	schedule for implementing the incentive strategies. Local
7724	housing incentive strategies may also include other regulatory
7725	reforms, such as those enumerated in s. 420.9076 or those
7726	recommended by the affordable housing advisory committee in its
7727	triennial evaluation of the implementation of affordable housing
7728	incentives, and adopted by the local governing body.
7729	Section 60.  Paragraph (a) of subsection (4) of section
7730	420.9076, Florida Statutes, is amended to read:
7731	420.9076  Adoption of affordable housing incentive
7732	strategies; committees.-
7733	(4)  Triennially, the advisory committee shall review the
7734	established policies and procedures, ordinances, land
7735	development regulations, and adopted local government
7736	comprehensive plan of the appointing local government and shall
7737	recommend specific actions or initiatives to encourage or
7738	facilitate affordable housing while protecting the ability of
7739	the property to appreciate in value. The recommendations may
7740	include the modification or repeal of existing policies,
7741	procedures, ordinances, regulations, or plan provisions; the
7742	creation of exceptions applicable to affordable housing; or the
7743	adoption of new policies, procedures, regulations, ordinances,
7744	or plan provisions, including recommendations to amend the local
7745	government comprehensive plan and corresponding regulations,
7746	ordinances, and other policies. At a minimum, each advisory
7747	committee shall submit a report to the local governing body that
7748	includes recommendations on, and triennially thereafter
7749	evaluates the implementation of, affordable housing incentives
7750	in the following areas:
7751	(a)  The processing of approvals of development orders or
7752	permits, as defined in s. 163.3164(7) and (8), for affordable
7753	housing projects is expedited to a greater degree than other
7754	projects.
7755
7756	The advisory committee recommendations may also include other
7757	affordable housing incentives identified by the advisory
7758	committee. Local governments that receive the minimum allocation
7759	under the State Housing Initiatives Partnership Program shall
7760	perform the initial review but may elect to not perform the
7761	triennial review.
7762	Section 61.  Subsection (1) of section 720.403, Florida
7763	Statutes, is amended to read:
7764	720.403  Preservation of residential communities; revival
7765	of declaration of covenants.-
7766	(1)  Consistent with required and optional elements of
7767	local comprehensive plans and other applicable provisions of the
7768	Community Local Government Comprehensive Planning and Land
7769	Development Regulation Act, homeowners are encouraged to
7770	preserve existing residential communities, promote available and
7771	affordable housing, protect structural and aesthetic elements of
7772	their residential community, and, as applicable, maintain roads
7773	and streets, easements, water and sewer systems, utilities,
7774	drainage improvements, conservation and open areas, recreational
7775	amenities, and other infrastructure and common areas that serve
7776	and support the residential community by the revival of a
7777	previous declaration of covenants and other governing documents
7778	that may have ceased to govern some or all parcels in the
7779	community.
7780	Section 62.  Subsection (6) of section 1013.30, Florida
7781	Statutes, is amended to read:
7782	1013.30  University campus master plans and campus
7783	development agreements.-
7784	(6)  Before a campus master plan is adopted, a copy of the
7785	draft master plan must be sent for review or made available
7786	electronically to the host and any affected local governments,
7787	the state land planning agency, the Department of Environmental
7788	Protection, the Department of Transportation, the Department of
7789	State, the Fish and Wildlife Conservation Commission, and the
7790	applicable water management district and regional planning
7791	council. At the request of a governmental entity, a hard copy of
7792	the draft master plan shall be submitted within 7 business days
7793	of an electronic copy being made available. These agencies must
7794	be given 90 days after receipt of the campus master plans in
7795	which to conduct their review and provide comments to the
7796	university board of trustees. The commencement of this review
7797	period must be advertised in newspapers of general circulation
7798	within the host local government and any affected local
7799	government to allow for public comment. Following receipt and
7800	consideration of all comments and the holding of an informal
7801	information session and at least two public hearings within the
7802	host jurisdiction, the university board of trustees shall adopt
7803	the campus master plan. It is the intent of the Legislature that
7804	the university board of trustees comply with the notice
7805	requirements set forth in s. 163.3184(11)(15) to ensure full
7806	public participation in this planning process. The informal
7807	public information session must be held before the first public
7808	hearing. The first public hearing shall be held before the draft
7809	master plan is sent to the agencies specified in this
7810	subsection. The second public hearing shall be held in
7811	conjunction with the adoption of the draft master plan by the
7812	university board of trustees. Campus master plans developed
7813	under this section are not rules and are not subject to chapter
7814	120 except as otherwise provided in this section.
7815	Section 63.  Subsections (3), (7), and (8) of section
7816	1013.33, Florida Statutes, are amended to read:
7817	1013.33  Coordination of planning with local governing
7818	bodies.-
7819	(3)  At a minimum, the interlocal agreement must address
7820	interlocal agreement requirements in s. 163.31777 and, if
7821	applicable, s. 163.3180(6)(13)(g), except for exempt local
7822	governments as provided in s. 163.3177(12), and must address the
7823	following issues:
7824	(a)  A process by which each local government and the
7825	district school board agree and base their plans on consistent
7826	projections of the amount, type, and distribution of population
7827	growth and student enrollment. The geographic distribution of
7828	jurisdiction-wide growth forecasts is a major objective of the
7829	process.
7830	(b)  A process to coordinate and share information relating
7831	to existing and planned public school facilities, including
7832	school renovations and closures, and local government plans for
7833	development and redevelopment.
7834	(c)  Participation by affected local governments with the
7835	district school board in the process of evaluating potential
7836	school closures, significant renovations to existing schools,
7837	and new school site selection before land acquisition. Local
7838	governments shall advise the district school board as to the
7839	consistency of the proposed closure, renovation, or new site
7840	with the local comprehensive plan, including appropriate
7841	circumstances and criteria under which a district school board
7842	may request an amendment to the comprehensive plan for school
7843	siting.
7844	(d)  A process for determining the need for and timing of
7845	onsite and offsite improvements to support new construction,
7846	proposed expansion, or redevelopment of existing schools. The
7847	process shall address identification of the party or parties
7848	responsible for the improvements.
7849	(e)  A process for the school board to inform the local
7850	government regarding the effect of comprehensive plan amendments
7851	on school capacity. The capacity reporting must be consistent
7852	with laws and rules regarding measurement of school facility
7853	capacity and must also identify how the district school board
7854	will meet the public school demand based on the facilities work
7855	program adopted pursuant to s. 1013.35.
7856	(f)  Participation of the local governments in the
7857	preparation of the annual update to the school board's 5-year
7858	district facilities work program and educational plant survey
7859	prepared pursuant to s. 1013.35.
7860	(g)  A process for determining where and how joint use of
7861	either school board or local government facilities can be shared
7862	for mutual benefit and efficiency.
7863	(h)  A procedure for the resolution of disputes between the
7864	district school board and local governments, which may include
7865	the dispute resolution processes contained in chapters 164 and
7866	186.
7867	(i)  An oversight process, including an opportunity for
7868	public participation, for the implementation of the interlocal
7869	agreement.
7870	(7)  Except as provided in subsection (8), municipalities
7871	meeting the exemption criteria in s. 163.3177(12) are exempt
7872	from the requirements of subsections (2), (3), and (4).
7873	(8)  At the time of the evaluation and appraisal report,
7874	each exempt municipality shall assess the extent to which it
7875	continues to meet the criteria for exemption under s.
7876	163.3177(12). If the municipality continues to meet these
7877	criteria, the municipality shall continue to be exempt from the
7878	interlocal agreement requirement. Each municipality exempt under
7879	s. 163.3177(12) must comply with the provisions of subsections
7880	(2)-(8) within 1 year after the district school board proposes,
7881	in its 5-year district facilities work program, a new school
7882	within the municipality's jurisdiction.
7883	Section 64.  Rules 9J-5 and 9J-11.023, Florida
7884	Administrative Code, are repealed, and the Department of State
7885	is directed to remove those rules from the Florida
7886	Administrative Code.
7887	Section 65.  (1)  The state land planning agency, within 60
7888	days after the effective date of this act, shall review any
7889	administrative or judicial proceeding filed by the agency and
7890	pending on the effective date of this act to determine whether
7891	the issues raised by the state land planning agency are
7892	consistent with the revised provisions of part II of chapter
7893	163, Florida Statutes. For each proceeding, if the agency
7894	determines that issues have been raised that are not consistent
7895	with the revised provisions of part II of chapter 163, Florida
7896	Statutes, the agency shall dismiss the proceeding. If the state
7897	land planning agency determines that one or more issues have
7898	been raised that are consistent with the revised provisions of
7899	part II of chapter 163, Florida Statutes, the agency shall amend
7900	its petition within 30 days after the determination to plead
7901	with particularity as to the manner in which the plan or plan
7902	amendment fails to meet the revised provisions of part II of
7903	chapter 163, Florida Statutes. If the agency fails to timely
7904	file such amended petition, the proceeding shall be dismissed.
7905	(2)  In all proceedings that were initiated by the state
7906	land planning agency before the effective date of this act, and
7907	continue after that date, the local government's determination
7908	that the comprehensive plan or plan amendment is in compliance
7909	is presumed to be correct, and the local government's
7910	determination shall be sustained unless it is shown by a
7911	preponderance of the evidence that the comprehensive plan or
7912	plan amendment is not in compliance.
7913	Section 66.  In accordance with s. 1.04, Florida Statutes,
7914	the provisions of law amended by this act shall be construed in
7915	pari materia with the provisions of law reenacted by Senate Bill
7916	174 or HB 7001, 2011 Regular Session, whichever becomes law, and
7917	incorporated therein. In addition, if any law amended by this
7918	act is also amended by any other law enacted at the same
7919	legislative session or an extension thereof which becomes law,
7920	full effect shall be given to each if possible.
7921	Section 67.  The Division of Statutory Revision is directed
7922	to replace the phrase "the effective date of this act" wherever
7923	it occurs in this act with the date this act becomes a law.
7924	Section 68.  This act shall take effect upon becoming a
7925	law.

CODING: Words stricken are deletions; words underlined are additions.