| 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. 163.3175, F.S.; providing that certain comments, |
| 20 | underlying studies, and reports provided by a military |
| 21 | installation's commanding officer are not binding on local |
| 22 | governments; providing additional factors for local |
| 23 | government consideration in impacts to military |
| 24 | installations; clarifying requirements for adopting |
| 25 | criteria to address compatibility of lands relating to |
| 26 | military installations; amending s. 163.3177, F.S.; |
| 27 | revising and providing duties of local governments; |
| 28 | revising and providing required and optional elements of |
| 29 | comprehensive plans; revising requirements of schedules of |
| 30 | capital improvements; revising and providing provisions |
| 31 | relating to capital improvements elements; revising major |
| 32 | objectives of, and procedures relating to, the local |
| 33 | comprehensive planning process; revising and providing |
| 34 | required and optional elements of future land use plans; |
| 35 | providing required transportation elements; revising and |
| 36 | providing required conservation elements; revising and |
| 37 | providing required housing elements; revising and |
| 38 | providing required coastal management elements; revising |
| 39 | and providing required intergovernmental coordination |
| 40 | elements; amending s. 163.31777, F.S.; revising |
| 41 | requirements relating to public schools' interlocal |
| 42 | agreements; deleting duties of the Office of Educational |
| 43 | Facilities, the state land planning agency, and local |
| 44 | governments relating to such agreements; deleting an |
| 45 | exemption; amending s. 163.3178, F.S.; deleting a deadline |
| 46 | for local governments to amend coastal management elements |
| 47 | and future land use maps; amending s. 163.3180, F.S.; |
| 48 | revising and providing provisions relating to concurrency; |
| 49 | revising concurrency requirements; revising application |
| 50 | and findings; revising local government requirements; |
| 51 | revising and providing requirements relating to |
| 52 | transportation concurrency, transportation concurrency |
| 53 | exception areas, urban infill, urban redevelopment, urban |
| 54 | service, downtown revitalization areas, transportation |
| 55 | concurrency management areas, long-term transportation and |
| 56 | school concurrency management systems, development of |
| 57 | regional impact, school concurrency, service areas, |
| 58 | financial feasibility, interlocal agreements, and |
| 59 | multimodal transportation districts; revising duties of |
| 60 | the Office of Program Policy Analysis and the state land |
| 61 | planning agency; providing requirements for local plans; |
| 62 | providing for the limiting the liability of local |
| 63 | governments under certain conditions; amending s. |
| 64 | 163.3182, F.S.; revising definitions; revising provisions |
| 65 | relating to transportation deficiency plans and projects; |
| 66 | amending s. 163.3184, F.S.; providing a definition; |
| 67 | providing requirements for comprehensive plans and plan |
| 68 | amendments; providing a expedited state review process for |
| 69 | adoption of comprehensive plan amendments; providing |
| 70 | requirements for the adoption of comprehensive plan |
| 71 | amendments; creating the state-coordinated review process; |
| 72 | providing and revising provisions relating to the review |
| 73 | process; revising requirements relating to local |
| 74 | government transmittal of proposed plan or amendments; |
| 75 | providing for comment by reviewing agencies; deleting |
| 76 | provisions relating to regional, county, and municipal |
| 77 | review; revising provisions relating to state land |
| 78 | planning agency review; revising provisions relating to |
| 79 | local government review of comments; deleting and revising |
| 80 | provisions relating to notice of intent and processes for |
| 81 | compliance and noncompliance; providing procedures for |
| 82 | administrative challenges to plans and plan amendments; |
| 83 | providing for compliance agreements; providing for |
| 84 | mediation and expeditious resolution; revising powers and |
| 85 | duties of the administration commission; revising |
| 86 | provisions relating to areas of critical state concern; |
| 87 | providing for concurrent zoning; amending s. 163.3187, |
| 88 | F.S.; deleting provisions relating to the amendment of |
| 89 | adopted comprehensive plan and providing the process for |
| 90 | adoption of small-scale comprehensive plan amendments; |
| 91 | repealing s. 163.3189, F.S., relating to process for |
| 92 | amendment of adopted comprehensive plan; amending s. |
| 93 | 163.3191, F.S., relating to the evaluation and appraisal |
| 94 | of comprehensive plans; providing and revising local |
| 95 | government requirements including notice, amendments, |
| 96 | compliance, mediation, reports, and scoping meetings; |
| 97 | amending s. 163.3229, F.S.; revising limitations on |
| 98 | duration of development agreements; amending s. 163.3235, |
| 99 | F.S.; revising requirements for periodic reviews of a |
| 100 | development agreements; amending s. 163.3239, F.S.; |
| 101 | revising recording requirements; amending s. 163.3243, |
| 102 | F.S.; revising parties who may file an action for |
| 103 | injunctive relief; amending s. 163.3245, F.S.; revising |
| 104 | provisions relating to optional sector plans; authorizing |
| 105 | the adoption of sector plans under certain circumstances; |
| 106 | amending s. 163.3246, F.S.; revising provisions relating |
| 107 | to the local government comprehensive planning |
| 108 | certification program; conforming provisions to changes |
| 109 | made by the act; deleting reporting requirements of the |
| 110 | Office of Program Policy Analysis and Government |
| 111 | Accountability; repealing s. 163.32465, F.S., relating to |
| 112 | state review of local comprehensive plans in urban areas; |
| 113 | amending s. 163.3247, F.S.; providing for future repeal |
| 114 | and abolition of the Century Commission for a Sustainable |
| 115 | Florida; creating s. 163.3248, F.S.; providing for the |
| 116 | designation of rural land stewardship areas; providing |
| 117 | purposes and requirements for the establishment of such |
| 118 | areas; providing for the creation of rural land |
| 119 | stewardship overlay zoning district and transferable rural |
| 120 | land use credits; providing certain limitation relating to |
| 121 | such credits; providing for incentives; providing |
| 122 | eligibility for incentives; providing legislative intent; |
| 123 | amending s. 380.06, F.S.; revising requirements relating |
| 124 | to the issuance of permits for development by local |
| 125 | governments; revising criteria for the determination of |
| 126 | substantial deviation; providing for extension of certain |
| 127 | expiration dates; revising exemptions governing |
| 128 | developments of regional impact; revising provisions to |
| 129 | conform to changes made by this act; amending s. 380.0651, |
| 130 | F.S.; revising provisions relating to statewide guidelines |
| 131 | and standards for certain multiscreen movie theaters, |
| 132 | industrial plants, industrial parks, distribution, |
| 133 | warehousing and wholesaling facilities, and hotels and |
| 134 | motels; revising criteria for the determination of when to |
| 135 | treat two or more developments as a single development; |
| 136 | amending s. 331.303, F.S.; conforming a cross-reference; |
| 137 | amending s. 380.115, F.S.; subjecting certain developments |
| 138 | required to undergo development-of-regional-impact review |
| 139 | to certain procedures; amending s. 380.065, F.S.; deleting |
| 140 | certain reporting requirements; conforming provisions to |
| 141 | changes made by the act; amending s. 380.0685, F.S., |
| 142 | relating to use of surcharges for beach renourishment and |
| 143 | restoration; repealing Rules 9J-5 and 9J-11.023, Florida |
| 144 | Administrative Code, relating to minimum criteria for |
| 145 | review of local government comprehensive plans and plan |
| 146 | amendments, evaluation and appraisal reports, land |
| 147 | development regulations, and determinations of compliance; |
| 148 | amending ss. 70.51, 163.06, 163.2517, 163.3162, 163.3217, |
| 149 | 163.3220, 163.3221, 163.3229, 163.360, 163.516, 171.203, |
| 150 | 186.513, 189.415, 190.004, 190.005, 193.501, 287.042, |
| 151 | 288.063, 288.975, 290.0475, 311.07, 331.319, 339.155, |
| 152 | 339.2819, 369.303, 369.321, 378.021, 380.115, 380.031, |
| 153 | 380.061, 403.50665, 403.973, 420.5095, 420.615, 420.5095, |
| 154 | 420.9071, 420.9076, 720.403, 1013.30, 1013.33, and |
| 155 | 1013.35, F.S.; revising provisions to conform to changes |
| 156 | made by this act; extending permits and other |
| 157 | authorizations extended under s. 14, ch. 2009-96, Laws of |
| 158 | Florida; extending certain previously granted buildout |
| 159 | dates; requiring a permitholder to notify the authorizing |
| 160 | agency of its intended use of the extension; exempting |
| 161 | certain permits from eligibility for an extension; |
| 162 | providing for applicability of rules governing permits; |
| 163 | declaring that certain provisions do not impair the |
| 164 | authority of counties and municipalities under certain |
| 165 | circumstances; requiring the state land planning agency to |
| 166 | review certain administrative and judicial proceedings; |
| 167 | providing procedures for such review; providing that all |
| 168 | local governments shall be governed by certain provisions |
| 169 | of general law; providing a directive of the Division of |
| 170 | Statutory Revision; providing an effective date. |
| 171 |
|
| 172 | Be It Enacted by the Legislature of the State of Florida: |
| 173 |
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| 174 | Section 1. Subsection (26) of section 70.51, Florida |
| 175 | Statutes, is amended to read: |
| 176 | 70.51 Land use and environmental dispute resolution.- |
| 177 | (26) A special magistrate's recommendation under this |
| 178 | section constitutes data in support of, and a support document |
| 179 | for, a comprehensive plan or comprehensive plan amendment, but |
| 180 | is not, in and of itself, dispositive of a determination of |
| 181 | compliance with chapter 163. Any comprehensive plan amendment |
| 182 | necessary to carry out the approved recommendation of a special |
| 183 | magistrate under this section is exempt from the twice-a-year |
| 184 | limit on plan amendments and may be adopted by the local |
| 185 | government amendments in s. 163.3184(16)(d). |
| 186 | Section 2. Paragraphs (h) through (l) of subsection (3) of |
| 187 | section 163.06, Florida Statutes, are redesignated as paragraphs |
| 188 | (g) through (k), respectively, and present paragraph (g) of that |
| 189 | subsection is amended to read: |
| 190 | 163.06 Miami River Commission.- |
| 191 | (3) The policy committee shall have the following powers |
| 192 | and duties: |
| 193 | (g) Coordinate a joint planning area agreement between the |
| 194 | Department of Community Affairs, the city, and the county under |
| 195 | the provisions of s. 163.3177(11)(a), (b), and (c). |
| 196 | Section 3. Subsection (4) of section 163.2517, Florida |
| 197 | Statutes, is amended to read: |
| 198 | 163.2517 Designation of urban infill and redevelopment |
| 199 | area.- |
| 200 | (4) In order for a local government to designate an urban |
| 201 | infill and redevelopment area, it must amend its comprehensive |
| 202 | land use plan under s. 163.3187 to delineate the boundaries of |
| 203 | the urban infill and redevelopment area within the future land |
| 204 | use element of its comprehensive plan pursuant to its adopted |
| 205 | urban infill and redevelopment plan. The state land planning |
| 206 | agency shall review the boundary delineation of the urban infill |
| 207 | and redevelopment area in the future land use element under s. |
| 208 | 163.3184. However, an urban infill and redevelopment plan |
| 209 | adopted by a local government is not subject to review for |
| 210 | compliance as defined by s. 163.3184(1)(b), and the local |
| 211 | government is not required to adopt the plan as a comprehensive |
| 212 | plan amendment. An amendment to the local comprehensive plan to |
| 213 | designate an urban infill and redevelopment area is exempt from |
| 214 | the twice-a-year amendment limitation of s. 163.3187. |
| 215 | Section 4. Section 163.3161, Florida Statutes, is amended |
| 216 | to read: |
| 217 | 163.3161 Short title; intent and purpose.- |
| 218 | (1) This part shall be known and may be cited as the |
| 219 | "Community Local Government Comprehensive Planning and Land |
| 220 | Development Regulation Act." |
| 221 | (2) In conformity with, and in furtherance of, the purpose |
| 222 | of the Florida Environmental Land and Water Management Act of |
| 223 | 1972, chapter 380, It is the purpose of this act to utilize and |
| 224 | strengthen the existing role, processes, and powers of local |
| 225 | governments in the establishment and implementation of |
| 226 | comprehensive planning programs to guide and manage control |
| 227 | future development consistent with the proper role of local |
| 228 | government. |
| 229 | (3) It is the intent of this act to focus the state role |
| 230 | in managing growth under this act to protecting the functions of |
| 231 | important state resources and facilities. |
| 232 | (4) It is the intent of this act that the ability of its |
| 233 | adoption is necessary so that local governments to can preserve |
| 234 | and enhance present advantages; encourage the most appropriate |
| 235 | use of land, water, and resources, consistent with the public |
| 236 | interest; overcome present handicaps; and deal effectively with |
| 237 | future problems that may result from the use and development of |
| 238 | land within their jurisdictions. Through the process of |
| 239 | comprehensive planning, it is intended that units of local |
| 240 | government can preserve, promote, protect, and improve the |
| 241 | public health, safety, comfort, good order, appearance, |
| 242 | convenience, law enforcement and fire prevention, and general |
| 243 | welfare; prevent the overcrowding of land and avoid undue |
| 244 | concentration of population; facilitate the adequate and |
| 245 | efficient provision of transportation, water, sewerage, schools, |
| 246 | parks, recreational facilities, housing, and other requirements |
| 247 | and services; and conserve, develop, utilize, and protect |
| 248 | natural resources within their jurisdictions. |
| 249 | (5)(4) It is the intent of this act to encourage and |
| 250 | ensure assure cooperation between and among municipalities and |
| 251 | counties and to encourage and assure coordination of planning |
| 252 | and development activities of units of local government with the |
| 253 | planning activities of regional agencies and state government in |
| 254 | accord with applicable provisions of law. |
| 255 | (6)(5) It is the intent of this act that adopted |
| 256 | comprehensive plans shall have the legal status set out in this |
| 257 | act and that no public or private development shall be permitted |
| 258 | except in conformity with comprehensive plans, or elements or |
| 259 | portions thereof, prepared and adopted in conformity with this |
| 260 | act. |
| 261 | (7)(6) It is the intent of this act that the activities of |
| 262 | units of local government in the preparation and adoption of |
| 263 | comprehensive plans, or elements or portions therefor, shall be |
| 264 | conducted in conformity with the provisions of this act. |
| 265 | (8)(7) The provisions of this act in their interpretation |
| 266 | and application are declared to be the minimum requirements |
| 267 | necessary to accomplish the stated intent, purposes, and |
| 268 | objectives of this act; to protect human, environmental, social, |
| 269 | and economic resources; and to maintain, through orderly growth |
| 270 | and development, the character and stability of present and |
| 271 | future land use and development in this state. |
| 272 | (9)(8) It is the intent of the Legislature that the repeal |
| 273 | of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws |
| 274 | of Florida, and amendments to this part by this chapter law, |
| 275 | shall not be interpreted to limit or restrict the powers of |
| 276 | municipal or county officials, but shall be interpreted as a |
| 277 | recognition of their broad statutory and constitutional powers |
| 278 | to plan for and regulate the use of land. It is, further, the |
| 279 | intent of the Legislature to reconfirm that ss. 163.3161- |
| 280 | 163.3248 163.3161 through 163.3215 have provided and do provide |
| 281 | the necessary statutory direction and basis for municipal and |
| 282 | county officials to carry out their comprehensive planning and |
| 283 | land development regulation powers, duties, and |
| 284 | responsibilities. |
| 285 | (10)(9) It is the intent of the Legislature that all |
| 286 | governmental entities in this state recognize and respect |
| 287 | judicially acknowledged or constitutionally protected private |
| 288 | property rights. It is the intent of the Legislature that all |
| 289 | rules, ordinances, regulations, and programs adopted under the |
| 290 | authority of this act must be developed, promulgated, |
| 291 | implemented, and applied with sensitivity for private property |
| 292 | rights and not be unduly restrictive, and property owners must |
| 293 | be free from actions by others which would harm their property. |
| 294 | Full and just compensation or other appropriate relief must be |
| 295 | provided to any property owner for a governmental action that is |
| 296 | determined to be an invalid exercise of the police power which |
| 297 | constitutes a taking, as provided by law. Any such relief must |
| 298 | be determined in a judicial action. |
| 299 | (11) It is the intent of this part that the traditional |
| 300 | economic base of this state, agriculture, tourism, and military |
| 301 | presence, be recognized and protected. Further, it is the intent |
| 302 | of this part to encourage economic diversification, workforce |
| 303 | development, and community planning. |
| 304 | (12) It is the intent of this part that new statutory |
| 305 | requirements created by the Legislature will not require a local |
| 306 | government whose plan has been found to be in compliance with |
| 307 | this part to adopt amendments implementing the new statutory |
| 308 | requirements until the evaluation and appraisal period provided |
| 309 | in s. 163.3191, unless otherwise specified in law. However, any |
| 310 | new amendments must comply with the requirements of this part. |
| 311 | Section 5. Subsections (2) through (5) of section |
| 312 | 163.3162, Florida Statutes, are renumbered as subsections (1) |
| 313 | through (4), respectively, and present subsections (1) and (5) |
| 314 | of that section are amended to read: |
| 315 | 163.3162 Agricultural Lands and Practices Act.- |
| 316 | (1) SHORT TITLE.-This section may be cited as the |
| 317 | "Agricultural Lands and Practices Act." |
| 318 | (4)(5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.- |
| 319 | The owner of a parcel of land defined as an agricultural enclave |
| 320 | under s. 163.3164(33) may apply for an amendment to the local |
| 321 | government comprehensive plan pursuant to s. 163.3184 163.3187. |
| 322 | Such amendment is presumed not to be urban sprawl as defined in |
| 323 | s. 163.3164 if it includes consistent with rule 9J-5.006(5), |
| 324 | Florida Administrative Code, and may include land uses and |
| 325 | intensities of use that are consistent with the uses and |
| 326 | intensities of use of the industrial, commercial, or residential |
| 327 | areas that surround the parcel. This presumption may be rebutted |
| 328 | by clear and convincing evidence. Each application for a |
| 329 | comprehensive plan amendment under this subsection for a parcel |
| 330 | larger than 640 acres must include appropriate new urbanism |
| 331 | concepts such as clustering, mixed-use development, the creation |
| 332 | of rural village and city centers, and the transfer of |
| 333 | development rights in order to discourage urban sprawl while |
| 334 | protecting landowner rights. |
| 335 | (a) The local government and the owner of a parcel of land |
| 336 | that is the subject of an application for an amendment shall |
| 337 | have 180 days following the date that the local government |
| 338 | receives a complete application to negotiate in good faith to |
| 339 | reach consensus on the land uses and intensities of use that are |
| 340 | consistent with the uses and intensities of use of the |
| 341 | industrial, commercial, or residential areas that surround the |
| 342 | parcel. Within 30 days after the local government's receipt of |
| 343 | such an application, the local government and owner must agree |
| 344 | in writing to a schedule for information submittal, public |
| 345 | hearings, negotiations, and final action on the amendment, which |
| 346 | schedule may thereafter be altered only with the written consent |
| 347 | of the local government and the owner. Compliance with the |
| 348 | schedule in the written agreement constitutes good faith |
| 349 | negotiations for purposes of paragraph (c). |
| 350 | (b) Upon conclusion of good faith negotiations under |
| 351 | paragraph (a), regardless of whether the local government and |
| 352 | owner reach consensus on the land uses and intensities of use |
| 353 | that are consistent with the uses and intensities of use of the |
| 354 | industrial, commercial, or residential areas that surround the |
| 355 | parcel, the amendment must be transmitted to the state land |
| 356 | planning agency for review pursuant to s. 163.3184. If the local |
| 357 | government fails to transmit the amendment within 180 days after |
| 358 | receipt of a complete application, the amendment must be |
| 359 | immediately transferred to the state land planning agency for |
| 360 | such review at the first available transmittal cycle. A plan |
| 361 | amendment transmitted to the state land planning agency |
| 362 | submitted under this subsection is presumed not to be urban |
| 363 | sprawl as defined in s. 163.3164 consistent with rule 9J- |
| 364 | 5.006(5), Florida Administrative Code. This presumption may be |
| 365 | rebutted by clear and convincing evidence. |
| 366 | (c) If the owner fails to negotiate in good faith, a plan |
| 367 | amendment submitted under this subsection is not entitled to the |
| 368 | rebuttable presumption under this subsection in the negotiation |
| 369 | and amendment process. |
| 370 | (d) Nothing within this subsection relating to |
| 371 | agricultural enclaves shall preempt or replace any protection |
| 372 | currently existing for any property located within the |
| 373 | boundaries of the following areas: |
| 374 | 1. The Wekiva Study Area, as described in s. 369.316; or |
| 375 | 2. The Everglades Protection Area, as defined in s. |
| 376 | 373.4592(2). |
| 377 | Section 6. Section 163.3164, Florida Statutes, is amended |
| 378 | to read: |
| 379 | 163.3164 Community Local Government Comprehensive Planning |
| 380 | and Land Development Regulation Act; definitions.-As used in |
| 381 | this act: |
| 382 | (1) "Administration Commission" means the Governor and the |
| 383 | Cabinet, and for purposes of this chapter the commission shall |
| 384 | act on a simple majority vote, except that for purposes of |
| 385 | imposing the sanctions provided in s. 163.3184(8)(11), |
| 386 | affirmative action shall require the approval of the Governor |
| 387 | and at least three other members of the commission. |
| 388 | (2) "Affordable housing" has the same meaning as in s. |
| 389 | 420.0004(3). |
| 390 | (3)(33) "Agricultural enclave" means an unincorporated, |
| 391 | undeveloped parcel that: |
| 392 | (a) Is owned by a single person or entity; |
| 393 | (b) Has been in continuous use for bona fide agricultural |
| 394 | purposes, as defined by s. 193.461, for a period of 5 years |
| 395 | prior to the date of any comprehensive plan amendment |
| 396 | application; |
| 397 | (c) Is surrounded on at least 75 percent of its perimeter |
| 398 | by: |
| 399 | 1. Property that has existing industrial, commercial, or |
| 400 | residential development; or |
| 401 | 2. Property that the local government has designated, in |
| 402 | the local government's comprehensive plan, zoning map, and |
| 403 | future land use map, as land that is to be developed for |
| 404 | industrial, commercial, or residential purposes, and at least 75 |
| 405 | percent of such property is existing industrial, commercial, or |
| 406 | residential development; |
| 407 | (d) Has public services, including water, wastewater, |
| 408 | transportation, schools, and recreation facilities, available or |
| 409 | such public services are scheduled in the capital improvement |
| 410 | element to be provided by the local government or can be |
| 411 | provided by an alternative provider of local government |
| 412 | infrastructure in order to ensure consistency with applicable |
| 413 | concurrency provisions of s. 163.3180; and |
| 414 | (e) Does not exceed 1,280 acres; however, if the property |
| 415 | is surrounded by existing or authorized residential development |
| 416 | that will result in a density at buildout of at least 1,000 |
| 417 | residents per square mile, then the area shall be determined to |
| 418 | be urban and the parcel may not exceed 4,480 acres. |
| 419 | (4) "Antiquated subdivision" means a subdivision that was |
| 420 | recorded or approved more than 20 years ago and that has |
| 421 | substantially failed to be built and the continued buildout of |
| 422 | the subdivision in accordance with the subdivision's zoning and |
| 423 | land use purposes would cause an imbalance of land uses and |
| 424 | would be detrimental to the local and regional economies and |
| 425 | environment, hinder current planning practices, and lead to |
| 426 | inefficient and fiscally irresponsible development patterns as |
| 427 | determined by the respective jurisdiction in which the |
| 428 | subdivision is located. |
| 429 | (5)(2) "Area" or "area of jurisdiction" means the total |
| 430 | area qualifying under the provisions of this act, whether this |
| 431 | be all of the lands lying within the limits of an incorporated |
| 432 | municipality, lands in and adjacent to incorporated |
| 433 | municipalities, all unincorporated lands within a county, or |
| 434 | areas comprising combinations of the lands in incorporated |
| 435 | municipalities and unincorporated areas of counties. |
| 436 | (6) "Capital improvement" means physical assets |
| 437 | constructed or purchased to provide, improve, or replace a |
| 438 | public facility and which are typically large scale and high in |
| 439 | cost. The cost of a capital improvement is generally |
| 440 | nonrecurring and may require multiyear financing. For the |
| 441 | purposes of this part, physical assets that have been identified |
| 442 | as existing or projected needs in the individual comprehensive |
| 443 | plan elements shall be considered capital improvements. |
| 444 | (7)(3) "Coastal area" means the 35 coastal counties and |
| 445 | all coastal municipalities within their boundaries designated |
| 446 | coastal by the state land planning agency. |
| 447 | (8) "Compatibility" means a condition in which land uses |
| 448 | or conditions can coexist in relative proximity to each other in |
| 449 | a stable fashion over time such that no use or condition is |
| 450 | unduly negatively impacted directly or indirectly by another use |
| 451 | or condition. |
| 452 | (9)(4) "Comprehensive plan" means a plan that meets the |
| 453 | requirements of ss. 163.3177 and 163.3178. |
| 454 | (10) "Deepwater ports" means the ports identified in s. |
| 455 | 403.021(9). |
| 456 | (11) "Density" means an objective measurement of the |
| 457 | number of people or residential units allowed per unit of land, |
| 458 | such as residents or employees per acre. |
| 459 | (12)(5) "Developer" means any person, including a |
| 460 | governmental agency, undertaking any development as defined in |
| 461 | this act. |
| 462 | (13)(6) "Development" has the same meaning as given it in |
| 463 | s. 380.04. |
| 464 | (14)(7) "Development order" means any order granting, |
| 465 | denying, or granting with conditions an application for a |
| 466 | development permit. |
| 467 | (15)(8) "Development permit" includes any building permit, |
| 468 | zoning permit, subdivision approval, rezoning, certification, |
| 469 | special exception, variance, or any other official action of |
| 470 | local government having the effect of permitting the development |
| 471 | of land. |
| 472 | (16)(25) "Downtown revitalization" means the physical and |
| 473 | economic renewal of a central business district of a community |
| 474 | as designated by local government, and includes both downtown |
| 475 | development and redevelopment. |
| 476 | (17) "Floodprone areas" means areas inundated during a |
| 477 | 100-year flood event or areas identified by the National Flood |
| 478 | Insurance Program as an A Zone on flood insurance rate maps or |
| 479 | flood hazard boundary maps. |
| 480 | (18) "Goal" means the long-term end toward which programs |
| 481 | or activities are ultimately directed. |
| 482 | (19)(9) "Governing body" means the board of county |
| 483 | commissioners of a county, the commission or council of an |
| 484 | incorporated municipality, or any other chief governing body of |
| 485 | a unit of local government, however designated, or the |
| 486 | combination of such bodies where joint utilization of the |
| 487 | provisions of this act is accomplished as provided herein. |
| 488 | (20)(10) "Governmental agency" means: |
| 489 | (a) The United States or any department, commission, |
| 490 | agency, or other instrumentality thereof. |
| 491 | (b) This state or any department, commission, agency, or |
| 492 | other instrumentality thereof. |
| 493 | (c) Any local government, as defined in this section, or |
| 494 | any department, commission, agency, or other instrumentality |
| 495 | thereof. |
| 496 | (d) Any school board or other special district, authority, |
| 497 | or governmental entity. |
| 498 | (21) "Intensity" means an objective measurement of the |
| 499 | extent to which land may be developed or used, including the |
| 500 | consumption or use of the space above, on, or below ground; the |
| 501 | measurement of the use of or demand on natural resources; and |
| 502 | the measurement of the use of or demand on facilities and |
| 503 | services. |
| 504 | (22) "Internal trip capture" means trips generated by a |
| 505 | mixed-use project that travel from one on-site land use to |
| 506 | another on-site land use without using the external road |
| 507 | network. |
| 508 | (23)(11) "Land" means the earth, water, and air, above, |
| 509 | below, or on the surface, and includes any improvements or |
| 510 | structures customarily regarded as land. |
| 511 | (24)(22) "Land development regulation commission" means a |
| 512 | commission designated by a local government to develop and |
| 513 | recommend, to the local governing body, land development |
| 514 | regulations which implement the adopted comprehensive plan and |
| 515 | to review land development regulations, or amendments thereto, |
| 516 | for consistency with the adopted plan and report to the |
| 517 | governing body regarding its findings. The responsibilities of |
| 518 | the land development regulation commission may be performed by |
| 519 | the local planning agency. |
| 520 | (25)(23) "Land development regulations" means ordinances |
| 521 | enacted by governing bodies for the regulation of any aspect of |
| 522 | development and includes any local government zoning, rezoning, |
| 523 | subdivision, building construction, or sign regulations or any |
| 524 | other regulations controlling the development of land, except |
| 525 | that this definition does shall not apply in s. 163.3213. |
| 526 | (26)(12) "Land use" means the development that has |
| 527 | occurred on the land, the development that is proposed by a |
| 528 | developer on the land, or the use that is permitted or |
| 529 | permissible on the land under an adopted comprehensive plan or |
| 530 | element or portion thereof, land development regulations, or a |
| 531 | land development code, as the context may indicate. |
| 532 | (27) "Level of service" means an indicator of the extent |
| 533 | or degree of service provided by, or proposed to be provided by, |
| 534 | a facility based on and related to the operational |
| 535 | characteristics of the facility. Level of service shall indicate |
| 536 | the capacity per unit of demand for each public facility. |
| 537 | (28)(13) "Local government" means any county or |
| 538 | municipality. |
| 539 | (29)(14) "Local planning agency" means the agency |
| 540 | designated to prepare the comprehensive plan or plan amendments |
| 541 | required by this act. |
| 542 | (30)(15) A "Newspaper of general circulation" means a |
| 543 | newspaper published at least on a weekly basis and printed in |
| 544 | the language most commonly spoken in the area within which it |
| 545 | circulates, but does not include a newspaper intended primarily |
| 546 | for members of a particular professional or occupational group, |
| 547 | a newspaper whose primary function is to carry legal notices, or |
| 548 | a newspaper that is given away primarily to distribute |
| 549 | advertising. |
| 550 | (31) "New town" means an urban activity center and |
| 551 | community designated on the future land use map of sufficient |
| 552 | size, population and land use composition to support a variety |
| 553 | of economic and social activities consistent with an urban area |
| 554 | designation. New towns shall include basic economic activities; |
| 555 | all major land use categories, with the possible exception of |
| 556 | agricultural and industrial; and a centrally provided full range |
| 557 | of public facilities and services that demonstrate internal trip |
| 558 | capture. A new town shall be based on a master development plan. |
| 559 | (32) "Objective" means a specific, measurable, |
| 560 | intermediate end that is achievable and marks progress toward a |
| 561 | goal. |
| 562 | (33)(16) "Parcel of land" means any quantity of land |
| 563 | capable of being described with such definiteness that its |
| 564 | locations and boundaries may be established, which is designated |
| 565 | by its owner or developer as land to be used, or developed as, a |
| 566 | unit or which has been used or developed as a unit. |
| 567 | (34)(17) "Person" means an individual, corporation, |
| 568 | governmental agency, business trust, estate, trust, partnership, |
| 569 | association, two or more persons having a joint or common |
| 570 | interest, or any other legal entity. |
| 571 | (35) "Policy" means the way in which programs and |
| 572 | activities are conducted to achieve an identified goal. |
| 573 | (36)(28) "Projects that promote public transportation" |
| 574 | means projects that directly affect the provisions of public |
| 575 | transit, including transit terminals, transit lines and routes, |
| 576 | separate lanes for the exclusive use of public transit services, |
| 577 | transit stops (shelters and stations), office buildings or |
| 578 | projects that include fixed-rail or transit terminals as part of |
| 579 | the building, and projects which are transit oriented and |
| 580 | designed to complement reasonably proximate planned or existing |
| 581 | public facilities. |
| 582 | (37)(24) "Public facilities" means major capital |
| 583 | improvements, including, but not limited to, transportation, |
| 584 | sanitary sewer, solid waste, drainage, potable water, |
| 585 | educational, parks and recreational, and health systems and |
| 586 | facilities, and spoil disposal sites for maintenance dredging |
| 587 | located in the intracoastal waterways, except for spoil disposal |
| 588 | sites owned or used by ports listed in s. 403.021(9)(b). |
| 589 | (38)(18) "Public notice" means notice as required by s. |
| 590 | 125.66(2) for a county or by s. 166.041(3)(a) for a |
| 591 | municipality. The public notice procedures required in this part |
| 592 | are established as minimum public notice procedures. |
| 593 | (39)(19) "Regional planning agency" means the council |
| 594 | created pursuant to chapter 186 agency designated by the state |
| 595 | land planning agency to exercise responsibilities under law in a |
| 596 | particular region of the state. |
| 597 | (40) "Seasonal population" means part-time inhabitants who |
| 598 | use, or may be expected to use, public facilities or services, |
| 599 | but are not residents and includes tourists, migrant |
| 600 | farmworkers, and other short-term and long-term visitors. |
| 601 | (41)(31) "Optional Sector plan" means the an optional |
| 602 | process authorized by s. 163.3245 in which one or more local |
| 603 | governments engage in long-term planning for a large area and by |
| 604 | agreement with the state land planning agency are allowed to |
| 605 | address regional development-of-regional-impact issues through |
| 606 | adoption of detailed specific area plans within the planning |
| 607 | area within certain designated geographic areas identified in |
| 608 | the local comprehensive plan as a means of fostering innovative |
| 609 | planning and development strategies in s. 163.3177(11)(a) and |
| 610 | (b), furthering the purposes of this part and part I of chapter |
| 611 | 380, reducing overlapping data and analysis requirements, |
| 612 | protecting regionally significant resources and facilities, and |
| 613 | addressing extrajurisdictional impacts. The term includes an |
| 614 | optional sector plan that was adopted before the effective date |
| 615 | of this act. |
| 616 | (42)(20) "State land planning agency" means the Department |
| 617 | of Community Affairs. |
| 618 | (43)(21) "Structure" has the same meaning as in given it |
| 619 | by s. 380.031(19). |
| 620 | (44) "Suitability" means the degree to which the existing |
| 621 | characteristics and limitations of land and water are compatible |
| 622 | with a proposed use or development. |
| 623 | (45) "Transit-oriented development" means a project or |
| 624 | projects, in areas identified in a local government |
| 625 | comprehensive plan, that is or will be served by existing or |
| 626 | planned transit service. These designated areas shall be |
| 627 | compact, moderate to high density developments, of mixed-use |
| 628 | character, interconnected with other land uses, bicycle and |
| 629 | pedestrian friendly, and designed to support frequent transit |
| 630 | service operating through, collectively or separately, rail, |
| 631 | fixed guideway, streetcar, or bus systems on dedicated |
| 632 | facilities or available roadway connections. |
| 633 | (46)(30) "Transportation corridor management" means the |
| 634 | coordination of the planning of designated future transportation |
| 635 | corridors with land use planning within and adjacent to the |
| 636 | corridor to promote orderly growth, to meet the concurrency |
| 637 | requirements of this chapter, and to maintain the integrity of |
| 638 | the corridor for transportation purposes. |
| 639 | (47)(27) "Urban infill" means the development of vacant |
| 640 | parcels in otherwise built-up areas where public facilities such |
| 641 | as sewer systems, roads, schools, and recreation areas are |
| 642 | already in place and the average residential density is at least |
| 643 | five dwelling units per acre, the average nonresidential |
| 644 | intensity is at least a floor area ratio of 1.0 and vacant, |
| 645 | developable land does not constitute more than 10 percent of the |
| 646 | area. |
| 647 | (48)(26) "Urban redevelopment" means demolition and |
| 648 | reconstruction or substantial renovation of existing buildings |
| 649 | or infrastructure within urban infill areas, existing urban |
| 650 | service areas, or community redevelopment areas created pursuant |
| 651 | to part III. |
| 652 | (49)(29) "Urban service area" means built-up areas |
| 653 | identified in the comprehensive plan where public facilities and |
| 654 | services, including, but not limited to, central water and sewer |
| 655 | capacity and roads, are already in place or are identified in |
| 656 | the capital improvements element. The term includes any areas |
| 657 | identified in the comprehensive plan as urban service areas, |
| 658 | regardless of local government limitation committed in the first |
| 659 | 3 years of the capital improvement schedule. In addition, for |
| 660 | counties that qualify as dense urban land areas under subsection |
| 661 | (34), the nonrural area of a county which has adopted into the |
| 662 | county charter a rural area designation or areas identified in |
| 663 | the comprehensive plan as urban service areas or urban growth |
| 664 | boundaries on or before July 1, 2009, are also urban service |
| 665 | areas under this definition. |
| 666 | (50) "Urban sprawl" means a development pattern |
| 667 | characterized by low density, automobile-dependent development |
| 668 | with either a single use or multiple uses that are not |
| 669 | functionally related, requiring the extension of public |
| 670 | facilities and services in an inefficient manner, and failing to |
| 671 | provide a clear separation between urban and rural uses. |
| 672 | (32) "Financial feasibility" means that sufficient |
| 673 | revenues are currently available or will be available from |
| 674 | committed funding sources for the first 3 years, or will be |
| 675 | available from committed or planned funding sources for years 4 |
| 676 | and 5, of a 5-year capital improvement schedule for financing |
| 677 | capital improvements, such as ad valorem taxes, bonds, state and |
| 678 | federal funds, tax revenues, impact fees, and developer |
| 679 | contributions, which are adequate to fund the projected costs of |
| 680 | the capital improvements identified in the comprehensive plan |
| 681 | necessary to ensure that adopted level-of-service standards are |
| 682 | achieved and maintained within the period covered by the 5-year |
| 683 | schedule of capital improvements. A comprehensive plan shall be |
| 684 | deemed financially feasible for transportation and school |
| 685 | facilities throughout the planning period addressed by the |
| 686 | capital improvements schedule if it can be demonstrated that the |
| 687 | level-of-service standards will be achieved and maintained by |
| 688 | the end of the planning period even if in a particular year such |
| 689 | improvements are not concurrent as required by s. 163.3180. |
| 690 | (34) "Dense urban land area" means: |
| 691 | (a) A municipality that has an average of at least 1,000 |
| 692 | people per square mile of land area and a minimum total |
| 693 | population of at least 5,000; |
| 694 | (b) A county, including the municipalities located |
| 695 | therein, which has an average of at least 1,000 people per |
| 696 | square mile of land area; or |
| 697 | (c) A county, including the municipalities located |
| 698 | therein, which has a population of at least 1 million. |
| 699 |
|
| 700 | The Office of Economic and Demographic Research within the |
| 701 | Legislature shall annually calculate the population and density |
| 702 | criteria needed to determine which jurisdictions qualify as |
| 703 | dense urban land areas by using the most recent land area data |
| 704 | from the decennial census conducted by the Bureau of the Census |
| 705 | of the United States Department of Commerce and the latest |
| 706 | available population estimates determined pursuant to s. |
| 707 | 186.901. If any local government has had an annexation, |
| 708 | contraction, or new incorporation, the Office of Economic and |
| 709 | Demographic Research shall determine the population density |
| 710 | using the new jurisdictional boundaries as recorded in |
| 711 | accordance with s. 171.091. The Office of Economic and |
| 712 | Demographic Research shall submit to the state land planning |
| 713 | agency a list of jurisdictions that meet the total population |
| 714 | and density criteria necessary for designation as a dense urban |
| 715 | land area by July 1, 2009, and every year thereafter. The state |
| 716 | land planning agency shall publish the list of jurisdictions on |
| 717 | its Internet website within 7 days after the list is received. |
| 718 | The designation of jurisdictions that qualify or do not qualify |
| 719 | as a dense urban land area is effective upon publication on the |
| 720 | state land planning agency's Internet website. |
| 721 | Section 7. Section 163.3167, Florida Statutes, is amended |
| 722 | to read: |
| 723 | 163.3167 Scope of act.- |
| 724 | (1) The several incorporated municipalities and counties |
| 725 | shall have power and responsibility: |
| 726 | (a) To plan for their future development and growth. |
| 727 | (b) To adopt and amend comprehensive plans, or elements or |
| 728 | portions thereof, to guide their future development and growth. |
| 729 | (c) To implement adopted or amended comprehensive plans by |
| 730 | the adoption of appropriate land development regulations or |
| 731 | elements thereof. |
| 732 | (d) To establish, support, and maintain administrative |
| 733 | instruments and procedures to carry out the provisions and |
| 734 | purposes of this act. |
| 735 |
|
| 736 | The powers and authority set out in this act may be employed by |
| 737 | municipalities and counties individually or jointly by mutual |
| 738 | agreement in accord with the provisions of this act and in such |
| 739 | combinations as their common interests may dictate and require. |
| 740 | (2) Each local government shall maintain prepare a |
| 741 | comprehensive plan of the type and in the manner set out in this |
| 742 | part or prepare amendments to its existing comprehensive plan to |
| 743 | conform it to the requirements of this part and in the manner |
| 744 | set out in this part. In accordance with s. 163.3184, each local |
| 745 | government shall submit to the state land planning agency its |
| 746 | complete proposed comprehensive plan or its complete |
| 747 | comprehensive plan as proposed to be amended. |
| 748 | (3) When a local government has not prepared all of the |
| 749 | required elements or has not amended its plan as required by |
| 750 | subsection (2), the regional planning agency having |
| 751 | responsibility for the area in which the local government lies |
| 752 | shall prepare and adopt by rule, pursuant to chapter 120, the |
| 753 | missing elements or adopt by rule amendments to the existing |
| 754 | plan in accordance with this act by July 1, 1989, or within 1 |
| 755 | year after the dates specified or provided in subsection (2) and |
| 756 | the state land planning agency review schedule, whichever is |
| 757 | later. The regional planning agency shall provide at least 90 |
| 758 | days' written notice to any local government whose plan it is |
| 759 | required by this subsection to prepare, prior to initiating the |
| 760 | planning process. At least 90 days before the adoption by the |
| 761 | regional planning agency of a comprehensive plan, or element or |
| 762 | portion thereof, pursuant to this subsection, the regional |
| 763 | planning agency shall transmit a copy of the proposed |
| 764 | comprehensive plan, or element or portion thereof, to the local |
| 765 | government and the state land planning agency for written |
| 766 | comment. The state land planning agency shall review and comment |
| 767 | on such plan, or element or portion thereof, in accordance with |
| 768 | s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be |
| 769 | applicable to the regional planning agency as if it were a |
| 770 | governing body. Existing comprehensive plans shall remain in |
| 771 | effect until they are amended pursuant to subsection (2), this |
| 772 | subsection, s. 163.3187, or s. 163.3189. |
| 773 | (3)(4) A municipality established after the effective date |
| 774 | of this act shall, within 1 year after incorporation, establish |
| 775 | a local planning agency, pursuant to s. 163.3174, and prepare |
| 776 | and adopt a comprehensive plan of the type and in the manner set |
| 777 | out in this act within 3 years after the date of such |
| 778 | incorporation. A county comprehensive plan shall be deemed |
| 779 | controlling until the municipality adopts a comprehensive plan |
| 780 | in accord with the provisions of this act. If, upon the |
| 781 | expiration of the 3-year time limit, the municipality has not |
| 782 | adopted a comprehensive plan, the regional planning agency shall |
| 783 | prepare and adopt a comprehensive plan for such municipality. |
| 784 | (4)(5) Any comprehensive plan, or element or portion |
| 785 | thereof, adopted pursuant to the provisions of this act, which |
| 786 | but for its adoption after the deadlines established pursuant to |
| 787 | previous versions of this act would have been valid, shall be |
| 788 | valid. |
| 789 | (6) When a regional planning agency is required to prepare |
| 790 | or amend a comprehensive plan, or element or portion thereof, |
| 791 | pursuant to subsections (3) and (4), the regional planning |
| 792 | agency and the local government may agree to a method of |
| 793 | compensating the regional planning agency for any verifiable, |
| 794 | direct costs incurred. If an agreement is not reached within 6 |
| 795 | months after the date the regional planning agency assumes |
| 796 | planning responsibilities for the local government pursuant to |
| 797 | subsections (3) and (4) or by the time the plan or element, or |
| 798 | portion thereof, is completed, whichever is earlier, the |
| 799 | regional planning agency shall file invoices for verifiable, |
| 800 | direct costs involved with the governing body. Upon the failure |
| 801 | of the local government to pay such invoices within 90 days, the |
| 802 | regional planning agency may, upon filing proper vouchers with |
| 803 | the Chief Financial Officer, request payment by the Chief |
| 804 | Financial Officer from unencumbered revenue or other tax sharing |
| 805 | funds due such local government from the state for work actually |
| 806 | performed, and the Chief Financial Officer shall pay such |
| 807 | vouchers; however, the amount of such payment shall not exceed |
| 808 | 50 percent of such funds due such local government in any one |
| 809 | year. |
| 810 | (7) A local government that is being requested to pay |
| 811 | costs may seek an administrative hearing pursuant to ss. 120.569 |
| 812 | and 120.57 to challenge the amount of costs and to determine if |
| 813 | the statutory prerequisites for payment have been complied with. |
| 814 | Final agency action shall be taken by the state land planning |
| 815 | agency. Payment shall be withheld as to disputed amounts until |
| 816 | proceedings under this subsection have been completed. |
| 817 | (5)(8) Nothing in this act shall limit or modify the |
| 818 | rights of any person to complete any development that has been |
| 819 | authorized as a development of regional impact pursuant to |
| 820 | chapter 380 or who has been issued a final local development |
| 821 | order and development has commenced and is continuing in good |
| 822 | faith. |
| 823 | (6)(9) The Reedy Creek Improvement District shall exercise |
| 824 | the authority of this part as it applies to municipalities, |
| 825 | consistent with the legislative act under which it was |
| 826 | established, for the total area under its jurisdiction. |
| 827 | (7)(10) Nothing in this part shall supersede any provision |
| 828 | of ss. 341.8201-341.842. |
| 829 | (11) Each local government is encouraged to articulate a |
| 830 | vision of the future physical appearance and qualities of its |
| 831 | community as a component of its local comprehensive plan. The |
| 832 | vision should be developed through a collaborative planning |
| 833 | process with meaningful public participation and shall be |
| 834 | adopted by the governing body of the jurisdiction. Neighboring |
| 835 | communities, especially those sharing natural resources or |
| 836 | physical or economic infrastructure, are encouraged to create |
| 837 | collective visions for greater-than-local areas. Such collective |
| 838 | visions shall apply in each city or county only to the extent |
| 839 | that each local government chooses to make them applicable. The |
| 840 | state land planning agency shall serve as a clearinghouse for |
| 841 | creating a community vision of the future and may utilize the |
| 842 | Growth Management Trust Fund, created by s. 186.911, to provide |
| 843 | grants to help pay the costs of local visioning programs. When a |
| 844 | local vision of the future has been created, a local government |
| 845 | should review its comprehensive plan, land development |
| 846 | regulations, and capital improvement program to ensure that |
| 847 | these instruments will help to move the community toward its |
| 848 | vision in a manner consistent with this act and with the state |
| 849 | comprehensive plan. A local or regional vision must be |
| 850 | consistent with the state vision, when adopted, and be |
| 851 | internally consistent with the local or regional plan of which |
| 852 | it is a component. The state land planning agency shall not |
| 853 | adopt minimum criteria for evaluating or judging the form or |
| 854 | content of a local or regional vision. |
| 855 | (8)(12) An initiative or referendum process in regard to |
| 856 | any development order or in regard to any local comprehensive |
| 857 | plan amendment or map amendment that affects five or fewer |
| 858 | parcels of land is prohibited. |
| 859 | (9)(13) Each local government shall address in its |
| 860 | comprehensive plan, as enumerated in this chapter, the water |
| 861 | supply sources necessary to meet and achieve the existing and |
| 862 | projected water use demand for the established planning period, |
| 863 | considering the applicable plan developed pursuant to s. |
| 864 | 373.709. |
| 865 | (10)(14)(a) If a local government grants a development |
| 866 | order pursuant to its adopted land development regulations and |
| 867 | the order is not the subject of a pending appeal and the |
| 868 | timeframe for filing an appeal has expired, the development |
| 869 | order may not be invalidated by a subsequent judicial |
| 870 | determination that such land development regulations, or any |
| 871 | portion thereof that is relevant to the development order, are |
| 872 | invalid because of a deficiency in the approval standards. |
| 873 | (b) This subsection does not preclude or affect the timely |
| 874 | institution of any other remedy available at law or equity, |
| 875 | including a common law writ of certiorari proceeding pursuant to |
| 876 | Rule 9.190, Florida Rules of Appellate Procedure, or an original |
| 877 | proceeding pursuant to s. 163.3215, as applicable. |
| 878 | (c) This subsection applies retroactively to any |
| 879 | development order granted on or after January 1, 2002. |
| 880 | Section 8. Section 163.3168, Florida Statutes, is created |
| 881 | to read: |
| 882 | 163.3168 Planning innovations and technical assistance.- |
| 883 | (1) The Legislature recognizes the need for innovative |
| 884 | planning and development strategies to promote a diverse economy |
| 885 | and vibrant rural and urban communities, while protecting |
| 886 | environmentally sensitive areas. The Legislature further |
| 887 | recognizes the substantial advantages of innovative approaches |
| 888 | to development directed to meet the needs of urban, rural, and |
| 889 | suburban areas. |
| 890 | (2) Local governments are encouraged to apply innovative |
| 891 | planning tools, including, but not limited to, visioning, sector |
| 892 | planning, and rural land stewardship area designations to |
| 893 | address future new development areas, urban service area |
| 894 | designations, urban growth boundaries, and mixed-use, high- |
| 895 | density development in urban areas. |
| 896 | (3) The state land planning agency shall help communities |
| 897 | find creative solutions to fostering vibrant, healthy |
| 898 | communities, while protecting the functions of important state |
| 899 | resources and facilities. The state land planning agency and all |
| 900 | other appropriate state and regional agencies may use various |
| 901 | means to provide direct and indirect technical assistance within |
| 902 | available resources. If plan amendments may adversely impact |
| 903 | important state resources or facilities, upon request by the |
| 904 | local government, the state land planning agency shall |
| 905 | coordinate multi-agency assistance, if needed, in developing an |
| 906 | amendment to minimize impacts on such resources or facilities. |
| 907 | Section 9. Subsection (4) of section 163.3171, Florida |
| 908 | Statutes, is amended to read: |
| 909 | 163.3171 Areas of authority under this act.- |
| 910 | (4) The state land planning agency and a Local governments |
| 911 | may government shall have the power to enter into agreements |
| 912 | with each other and to agree together to enter into agreements |
| 913 | with a landowner, developer, or governmental agency as may be |
| 914 | necessary or desirable to effectuate the provisions and purposes |
| 915 | of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245, |
| 916 | and 163.3248. It is the Legislature's intent that joint |
| 917 | agreements entered into under the authority of this section be |
| 918 | liberally, broadly, and flexibly construed to facilitate |
| 919 | intergovernmental cooperation between cities and counties and to |
| 920 | encourage planning in advance of jurisdictional changes. Joint |
| 921 | agreements, executed before or after the effective date of this |
| 922 | act, include, but are not limited to, agreements that |
| 923 | contemplate municipal adoption of plans or plan amendments for |
| 924 | lands in advance of annexation of such lands into the |
| 925 | municipality, and may permit municipalities and counties to |
| 926 | exercise nonexclusive extrajurisdictional authority within |
| 927 | incorporated and unincorporated areas. The state land planning |
| 928 | agency may not interpret, invalidate, or declare inoperative |
| 929 | such joint agreements, and the validity of joint agreements may |
| 930 | not be a basis for finding plans or plan amendments not in |
| 931 | compliance pursuant to chapter law. |
| 932 | Section 10. Subsection (1) of section 163.3174, Florida |
| 933 | Statutes, is amended to read: |
| 934 | 163.3174 Local planning agency.- |
| 935 | (1) The governing body of each local government, |
| 936 | individually or in combination as provided in s. 163.3171, shall |
| 937 | designate and by ordinance establish a "local planning agency," |
| 938 | unless the agency is otherwise established by law. |
| 939 | Notwithstanding any special act to the contrary, all local |
| 940 | planning agencies or equivalent agencies that first review |
| 941 | rezoning and comprehensive plan amendments in each municipality |
| 942 | and county shall include a representative of the school district |
| 943 | appointed by the school board as a nonvoting member of the local |
| 944 | planning agency or equivalent agency to attend those meetings at |
| 945 | which the agency considers comprehensive plan amendments and |
| 946 | rezonings that would, if approved, increase residential density |
| 947 | on the property that is the subject of the application. However, |
| 948 | this subsection does not prevent the governing body of the local |
| 949 | government from granting voting status to the school board |
| 950 | member. The governing body may designate itself as the local |
| 951 | planning agency pursuant to this subsection with the addition of |
| 952 | a nonvoting school board representative. The governing body |
| 953 | shall notify the state land planning agency of the establishment |
| 954 | of its local planning agency. All local planning agencies shall |
| 955 | provide opportunities for involvement by applicable community |
| 956 | college boards, which may be accomplished by formal |
| 957 | representation, membership on technical advisory committees, or |
| 958 | other appropriate means. The local planning agency shall prepare |
| 959 | the comprehensive plan or plan amendment after hearings to be |
| 960 | held after public notice and shall make recommendations to the |
| 961 | governing body regarding the adoption or amendment of the plan. |
| 962 | The agency may be a local planning commission, the planning |
| 963 | department of the local government, or other instrumentality, |
| 964 | including a countywide planning entity established by special |
| 965 | act or a council of local government officials created pursuant |
| 966 | to s. 163.02, provided the composition of the council is fairly |
| 967 | representative of all the governing bodies in the county or |
| 968 | planning area; however: |
| 969 | (a) If a joint planning entity is in existence on the |
| 970 | effective date of this act which authorizes the governing bodies |
| 971 | to adopt and enforce a land use plan effective throughout the |
| 972 | joint planning area, that entity shall be the agency for those |
| 973 | local governments until such time as the authority of the joint |
| 974 | planning entity is modified by law. |
| 975 | (b) In the case of chartered counties, the planning |
| 976 | responsibility between the county and the several municipalities |
| 977 | therein shall be as stipulated in the charter. |
| 978 | Section 11. Subsections (5), (6), and (9) of section |
| 979 | 163.3175, Florida Statutes, are amended to read: |
| 980 | 163.3175 Legislative findings on compatibility of |
| 981 | development with military installations; exchange of information |
| 982 | between local governments and military installations.- |
| 983 | (5) The commanding officer or his or her designee may |
| 984 | provide comments to the affected local government on the impact |
| 985 | such proposed changes may have on the mission of the military |
| 986 | installation. Such comments may include: |
| 987 | (a) If the installation has an airfield, whether such |
| 988 | proposed changes will be incompatible with the safety and noise |
| 989 | standards contained in the Air Installation Compatible Use Zone |
| 990 | (AICUZ) adopted by the military installation for that airfield; |
| 991 | (b) Whether such changes are incompatible with the |
| 992 | Installation Environmental Noise Management Program (IENMP) of |
| 993 | the United States Army; |
| 994 | (c) Whether such changes are incompatible with the |
| 995 | findings of a Joint Land Use Study (JLUS) for the area if one |
| 996 | has been completed; and |
| 997 | (d) Whether the military installation's mission will be |
| 998 | adversely affected by the proposed actions of the county or |
| 999 | affected local government. |
| 1000 |
|
| 1001 | The commanding officer's comments, underlying studies, and |
| 1002 | reports provided pursuant to paragraphs (a)-(c) are not binding |
| 1003 | on the local government. |
| 1004 | (6) The affected local government shall take into |
| 1005 | consideration any comments provided by the commanding officer or |
| 1006 | his or her designee pursuant to subsection (4) and must also be |
| 1007 | sensitive to private property rights and not be unduly |
| 1008 | restrictive on those rights. The affected local government shall |
| 1009 | forward a copy of any comments regarding comprehensive plan |
| 1010 | amendments to the state land planning agency. |
| 1011 | (9) If a local government, as required under s. |
| 1012 | 163.3177(6)(a), does not adopt criteria and address |
| 1013 | compatibility of lands adjacent to or closely proximate to |
| 1014 | existing military installations in its future land use plan |
| 1015 | element by June 30, 2012, the local government, the military |
| 1016 | installation, the state land planning agency, and other parties |
| 1017 | as identified by the regional planning council, including, but |
| 1018 | not limited to, private landowner representatives, shall enter |
| 1019 | into mediation conducted pursuant to s. 186.509. If the local |
| 1020 | government comprehensive plan does not contain criteria |
| 1021 | addressing compatibility by December 31, 2013, the agency may |
| 1022 | notify the Administration Commission. The Administration |
| 1023 | Commission may impose sanctions pursuant to s. 163.3184(8)(11). |
| 1024 | Any local government that amended its comprehensive plan to |
| 1025 | address military installation compatibility requirements after |
| 1026 | 2004 and was found to be in compliance is deemed to be in |
| 1027 | compliance with this subsection until the local government |
| 1028 | conducts its evaluation and appraisal review pursuant to s. |
| 1029 | 163.3191 and determines that amendments are necessary to meet |
| 1030 | updated general law requirements. |
| 1031 | Section 12. Section 163.3177, Florida Statutes, is amended |
| 1032 | to read: |
| 1033 | 163.3177 Required and optional elements of comprehensive |
| 1034 | plan; studies and surveys.- |
| 1035 | (1) The comprehensive plan shall provide the consist of |
| 1036 | materials in such descriptive form, written or graphic, as may |
| 1037 | be appropriate to the prescription of principles, guidelines, |
| 1038 | and standards, and strategies for the orderly and balanced |
| 1039 | future economic, social, physical, environmental, and fiscal |
| 1040 | development of the area that reflects community commitments to |
| 1041 | implement the plan and its elements. These principles and |
| 1042 | strategies shall guide future decisions in a consistent manner |
| 1043 | and shall contain programs and activities to ensure |
| 1044 | comprehensive plans are implemented. The sections of the |
| 1045 | comprehensive plan containing the principles and strategies, |
| 1046 | generally provided as goals, objectives, and policies, shall |
| 1047 | describe how the local government's programs, activities, and |
| 1048 | land development regulations will be initiated, modified, or |
| 1049 | continued to implement the comprehensive plan in a consistent |
| 1050 | manner. It is not the intent of this part to require the |
| 1051 | inclusion of implementing regulations in the comprehensive plan |
| 1052 | but rather to require identification of those programs, |
| 1053 | activities, and land development regulations that will be part |
| 1054 | of the strategy for implementing the comprehensive plan and the |
| 1055 | principles that describe how the programs, activities, and land |
| 1056 | development regulations will be carried out. The plan shall |
| 1057 | establish meaningful and predictable standards for the use and |
| 1058 | development of land and provide meaningful guidelines for the |
| 1059 | content of more detailed land development and use regulations. |
| 1060 | (a) The comprehensive plan shall consist of elements as |
| 1061 | described in this section, and may include optional elements. |
| 1062 | (b) A local government may include, as part of its adopted |
| 1063 | plan, documents adopted by reference but not incorporated |
| 1064 | verbatim into the plan. The adoption by reference must identify |
| 1065 | the title and author of the document and indicate clearly what |
| 1066 | provisions and edition of the document is being adopted. |
| 1067 | (c) The format of these principles and guidelines is at |
| 1068 | the discretion of the local government, but typically is |
| 1069 | expressed in goals, objectives, policies, and strategies. |
| 1070 | (d) The comprehensive plan shall identify procedures for |
| 1071 | monitoring, evaluating, and appraising implementation of the |
| 1072 | plan. |
| 1073 | (e) When a federal, state, or regional agency has |
| 1074 | implemented a regulatory program, a local government is not |
| 1075 | required to duplicate or exceed that regulatory program in its |
| 1076 | local comprehensive plan. |
| 1077 | (f) All mandatory and optional elements of the |
| 1078 | comprehensive plan and plan amendments shall be based upon |
| 1079 | relevant and appropriate data and an analysis by the local |
| 1080 | government that may include, but not be limited to, surveys, |
| 1081 | studies, community goals and vision, and other data available at |
| 1082 | the time of adoption of the comprehensive plan or plan |
| 1083 | amendment. To be based on data means to react to it in an |
| 1084 | appropriate way and to the extent necessary indicated by the |
| 1085 | data available on that particular subject at the time of |
| 1086 | adoption of the plan or plan amendment at issue. |
| 1087 | 1. Surveys, studies, and data utilized in the preparation |
| 1088 | of the comprehensive plan may not be deemed a part of the |
| 1089 | comprehensive plan unless adopted as a part of it. Copies of |
| 1090 | such studies, surveys, data, and supporting documents for |
| 1091 | proposed plans and plan amendments shall be made available for |
| 1092 | public inspection, and copies of such plans shall be made |
| 1093 | available to the public upon payment of reasonable charges for |
| 1094 | reproduction. Support data or summaries are not subject to the |
| 1095 | compliance review process, but the comprehensive plan must be |
| 1096 | clearly based on appropriate data. Support data or summaries may |
| 1097 | be used to aid in the determination of compliance and |
| 1098 | consistency. |
| 1099 | 2. Data must be taken from professionally accepted |
| 1100 | sources. The application of a methodology utilized in data |
| 1101 | collection or whether a particular methodology is professionally |
| 1102 | accepted may be evaluated. However, the evaluation may not |
| 1103 | include whether one accepted methodology is better than another. |
| 1104 | Original data collection by local governments is not required. |
| 1105 | However, local governments may use original data so long as |
| 1106 | methodologies are professionally accepted. |
| 1107 | 3. The comprehensive plan shall be based upon resident and |
| 1108 | seasonal population estimates and projections, which shall |
| 1109 | either be those provided by the University of Florida's Bureau |
| 1110 | of Economic and Business Research or generated by the local |
| 1111 | government based upon a professionally acceptable methodology. |
| 1112 | The plan must be based on at least the minimum amount of land |
| 1113 | required to accommodate the medium projections of the University |
| 1114 | of Florida's Bureau of Economic and Business Research for at |
| 1115 | least a 10-year planning period unless otherwise limited under |
| 1116 | s. 380.05, including related rules of the Administration |
| 1117 | Commission. |
| 1118 | (2) Coordination of the several elements of the local |
| 1119 | comprehensive plan shall be a major objective of the planning |
| 1120 | process. The several elements of the comprehensive plan shall be |
| 1121 | consistent. Where data is relevant to several elements, |
| 1122 | consistent data shall be used, including population estimates |
| 1123 | and projections unless alternative data can be justified for a |
| 1124 | plan amendment through new supporting data and analysis. Each |
| 1125 | map depicting future conditions must reflect the principles, |
| 1126 | guidelines, and standards within all elements and each such map |
| 1127 | must be contained within the comprehensive plan, and the |
| 1128 | comprehensive plan shall be financially feasible. Financial |
| 1129 | feasibility shall be determined using professionally accepted |
| 1130 | methodologies and applies to the 5-year planning period, except |
| 1131 | in the case of a long-term transportation or school concurrency |
| 1132 | management system, in which case a 10-year or 15-year period |
| 1133 | applies. |
| 1134 | (3)(a) The comprehensive plan shall contain a capital |
| 1135 | improvements element designed to consider the need for and the |
| 1136 | location of public facilities in order to encourage the |
| 1137 | efficient use of such facilities and set forth: |
| 1138 | 1. A component that outlines principles for construction, |
| 1139 | extension, or increase in capacity of public facilities, as well |
| 1140 | as a component that outlines principles for correcting existing |
| 1141 | public facility deficiencies, which are necessary to implement |
| 1142 | the comprehensive plan. The components shall cover at least a 5- |
| 1143 | year period. |
| 1144 | 2. Estimated public facility costs, including a |
| 1145 | delineation of when facilities will be needed, the general |
| 1146 | location of the facilities, and projected revenue sources to |
| 1147 | fund the facilities. |
| 1148 | 3. Standards to ensure the availability of public |
| 1149 | facilities and the adequacy of those facilities to meet |
| 1150 | established including acceptable levels of service. |
| 1151 | 4. Standards for the management of debt. |
| 1152 | 4.5. A schedule of capital improvements which includes any |
| 1153 | publicly funded projects of federal, state, or local government, |
| 1154 | and which may include privately funded projects for which the |
| 1155 | local government has no fiscal responsibility. Projects, |
| 1156 | necessary to ensure that any adopted level-of-service standards |
| 1157 | are achieved and maintained for the 5-year period must be |
| 1158 | identified as either funded or unfunded and given a level of |
| 1159 | priority for funding. For capital improvements that will be |
| 1160 | funded by the developer, financial feasibility shall be |
| 1161 | demonstrated by being guaranteed in an enforceable development |
| 1162 | agreement or interlocal agreement pursuant to paragraph (10)(h), |
| 1163 | or other enforceable agreement. These development agreements and |
| 1164 | interlocal agreements shall be reflected in the schedule of |
| 1165 | capital improvements if the capital improvement is necessary to |
| 1166 | serve development within the 5-year schedule. If the local |
| 1167 | government uses planned revenue sources that require referenda |
| 1168 | or other actions to secure the revenue source, the plan must, in |
| 1169 | the event the referenda are not passed or actions do not secure |
| 1170 | the planned revenue source, identify other existing revenue |
| 1171 | sources that will be used to fund the capital projects or |
| 1172 | otherwise amend the plan to ensure financial feasibility. |
| 1173 | 5.6. The schedule must include transportation improvements |
| 1174 | included in the applicable metropolitan planning organization's |
| 1175 | transportation improvement program adopted pursuant to s. |
| 1176 | 339.175(8) to the extent that such improvements are relied upon |
| 1177 | to ensure concurrency and financial feasibility. The schedule |
| 1178 | must also be coordinated with the applicable metropolitan |
| 1179 | planning organization's long-range transportation plan adopted |
| 1180 | pursuant to s. 339.175(7). |
| 1181 | (b)1. The capital improvements element must be reviewed by |
| 1182 | the local government on an annual basis. Modifications and |
| 1183 | modified as necessary in accordance with s. 163.3187 or s. |
| 1184 | 163.3189 in order to update the maintain a financially feasible |
| 1185 | 5-year capital improvement schedule of capital improvements. |
| 1186 | Corrections and modifications concerning costs; revenue sources; |
| 1187 | or acceptance of facilities pursuant to dedications which are |
| 1188 | consistent with the plan may be accomplished by ordinance and |
| 1189 | may shall not be deemed to be amendments to the local |
| 1190 | comprehensive plan. A copy of the ordinance shall be transmitted |
| 1191 | to the state land planning agency. An amendment to the |
| 1192 | comprehensive plan is required to update the schedule on an |
| 1193 | annual basis or to eliminate, defer, or delay the construction |
| 1194 | for any facility listed in the 5-year schedule. All public |
| 1195 | facilities must be consistent with the capital improvements |
| 1196 | element. The annual update to the capital improvements element |
| 1197 | of the comprehensive plan need not comply with the financial |
| 1198 | feasibility requirement until December 1, 2011. Thereafter, a |
| 1199 | local government may not amend its future land use map, except |
| 1200 | for plan amendments to meet new requirements under this part and |
| 1201 | emergency amendments pursuant to s. 163.3187(1)(a), after |
| 1202 | December 1, 2011, and every year thereafter, unless and until |
| 1203 | the local government has adopted the annual update and it has |
| 1204 | been transmitted to the state land planning agency. |
| 1205 | 2. Capital improvements element amendments adopted after |
| 1206 | the effective date of this act shall require only a single |
| 1207 | public hearing before the governing board which shall be an |
| 1208 | adoption hearing as described in s. 163.3184(7). Such amendments |
| 1209 | are not subject to the requirements of s. 163.3184(3)-(6). |
| 1210 | (c) If the local government does not adopt the required |
| 1211 | annual update to the schedule of capital improvements, the state |
| 1212 | land planning agency must notify the Administration Commission. |
| 1213 | A local government that has a demonstrated lack of commitment to |
| 1214 | meeting its obligations identified in the capital improvements |
| 1215 | element may be subject to sanctions by the Administration |
| 1216 | Commission pursuant to s. 163.3184(11). |
| 1217 | (d) If a local government adopts a long-term concurrency |
| 1218 | management system pursuant to s. 163.3180(9), it must also adopt |
| 1219 | a long-term capital improvements schedule covering up to a 10- |
| 1220 | year or 15-year period, and must update the long-term schedule |
| 1221 | annually. The long-term schedule of capital improvements must be |
| 1222 | financially feasible. |
| 1223 | (e) At the discretion of the local government and |
| 1224 | notwithstanding the requirements of this subsection, a |
| 1225 | comprehensive plan, as revised by an amendment to the plan's |
| 1226 | future land use map, shall be deemed to be financially feasible |
| 1227 | and to have achieved and maintained level-of-service standards |
| 1228 | as required by this section with respect to transportation |
| 1229 | facilities if the amendment to the future land use map is |
| 1230 | supported by a: |
| 1231 | 1. Condition in a development order for a development of |
| 1232 | regional impact or binding agreement that addresses |
| 1233 | proportionate-share mitigation consistent with s. 163.3180(12); |
| 1234 | or |
| 1235 | 2. Binding agreement addressing proportionate fair-share |
| 1236 | mitigation consistent with s. 163.3180(16)(f) and the property |
| 1237 | subject to the amendment to the future land use map is located |
| 1238 | within an area designated in a comprehensive plan for urban |
| 1239 | infill, urban redevelopment, downtown revitalization, urban |
| 1240 | infill and redevelopment, or an urban service area. The binding |
| 1241 | agreement must be based on the maximum amount of development |
| 1242 | identified by the future land use map amendment or as may be |
| 1243 | otherwise restricted through a special area plan policy or map |
| 1244 | notation in the comprehensive plan. |
| 1245 | (f) A local government's comprehensive plan and plan |
| 1246 | amendments for land uses within all transportation concurrency |
| 1247 | exception areas that are designated and maintained in accordance |
| 1248 | with s. 163.3180(5) shall be deemed to meet the requirement to |
| 1249 | achieve and maintain level-of-service standards for |
| 1250 | transportation. |
| 1251 | (4)(a) Coordination of the local comprehensive plan with |
| 1252 | the comprehensive plans of adjacent municipalities, the county, |
| 1253 | adjacent counties, or the region; with the appropriate water |
| 1254 | management district's regional water supply plans approved |
| 1255 | pursuant to s. 373.709; and with adopted rules pertaining to |
| 1256 | designated areas of critical state concern; and with the state |
| 1257 | comprehensive plan shall be a major objective of the local |
| 1258 | comprehensive planning process. To that end, in the preparation |
| 1259 | of a comprehensive plan or element thereof, and in the |
| 1260 | comprehensive plan or element as adopted, the governing body |
| 1261 | shall include a specific policy statement indicating the |
| 1262 | relationship of the proposed development of the area to the |
| 1263 | comprehensive plans of adjacent municipalities, the county, |
| 1264 | adjacent counties, or the region and to the state comprehensive |
| 1265 | plan, as the case may require and as such adopted plans or plans |
| 1266 | in preparation may exist. |
| 1267 | (b) When all or a portion of the land in a local |
| 1268 | government jurisdiction is or becomes part of a designated area |
| 1269 | of critical state concern, the local government shall clearly |
| 1270 | identify those portions of the local comprehensive plan that |
| 1271 | shall be applicable to the critical area and shall indicate the |
| 1272 | relationship of the proposed development of the area to the |
| 1273 | rules for the area of critical state concern. |
| 1274 | (5)(a) Each local government comprehensive plan must |
| 1275 | include at least two planning periods, one covering at least the |
| 1276 | first 5-year period occurring after the plan's adoption and one |
| 1277 | covering at least a 10-year period. Additional planning periods |
| 1278 | for specific components, elements, land use amendments, or |
| 1279 | projects shall be permissible and accepted as part of the |
| 1280 | planning process. |
| 1281 | (b) The comprehensive plan and its elements shall contain |
| 1282 | guidelines or policies policy recommendations for the |
| 1283 | implementation of the plan and its elements. |
| 1284 | (6) In addition to the requirements of subsections (1)-(5) |
| 1285 | and (12), the comprehensive plan shall include the following |
| 1286 | elements: |
| 1287 | (a) A future land use plan element designating proposed |
| 1288 | future general distribution, location, and extent of the uses of |
| 1289 | land for residential uses, commercial uses, industry, |
| 1290 | agriculture, recreation, conservation, education, public |
| 1291 | buildings and grounds, other public facilities, and other |
| 1292 | categories of the public and private uses of land. The |
| 1293 | approximate acreage and the general range of density or |
| 1294 | intensity of use shall be provided for the gross land area |
| 1295 | included in each existing land use category. The element shall |
| 1296 | establish the long-term end toward which land use programs and |
| 1297 | activities are ultimately directed. Counties are encouraged to |
| 1298 | designate rural land stewardship areas, pursuant to paragraph |
| 1299 | (11)(d), as overlays on the future land use map. |
| 1300 | 1. Each future land use category must be defined in terms |
| 1301 | of uses included, and must include standards to be followed in |
| 1302 | the control and distribution of population densities and |
| 1303 | building and structure intensities. The proposed distribution, |
| 1304 | location, and extent of the various categories of land use shall |
| 1305 | be shown on a land use map or map series which shall be |
| 1306 | supplemented by goals, policies, and measurable objectives. |
| 1307 | 2. The future land use plan and plan amendments shall be |
| 1308 | based upon surveys, studies, and data regarding the area, as |
| 1309 | applicable, including: |
| 1310 | a. The amount of land required to accommodate anticipated |
| 1311 | growth.; |
| 1312 | b. The projected residential and seasonal population of |
| 1313 | the area.; |
| 1314 | c. The character of undeveloped land.; |
| 1315 | d. The availability of water supplies, public facilities, |
| 1316 | and services.; |
| 1317 | e. The need for redevelopment, including the renewal of |
| 1318 | blighted areas and the elimination of nonconforming uses which |
| 1319 | are inconsistent with the character of the community.; |
| 1320 | f. The compatibility of uses on lands adjacent to or |
| 1321 | closely proximate to military installations.; |
| 1322 | g. The compatibility of uses on lands adjacent to an |
| 1323 | airport as defined in s. 330.35 and consistent with s. 333.02.; |
| 1324 | h. The discouragement of urban sprawl.; energy-efficient |
| 1325 | land use patterns accounting for existing and future electric |
| 1326 | power generation and transmission systems; greenhouse gas |
| 1327 | reduction strategies; and, in rural communities, |
| 1328 | i. The need for job creation, capital investment, and |
| 1329 | economic development that will strengthen and diversify the |
| 1330 | community's economy. |
| 1331 | j. The need to modify land uses and development patterns |
| 1332 | within antiquated subdivisions. The future land use plan may |
| 1333 | designate areas for future planned development use involving |
| 1334 | combinations of types of uses for which special regulations may |
| 1335 | be necessary to ensure development in accord with the principles |
| 1336 | and standards of the comprehensive plan and this act. |
| 1337 | 3. The future land use plan element shall include criteria |
| 1338 | to be used to: |
| 1339 | a. Achieve the compatibility of lands adjacent or closely |
| 1340 | proximate to military installations, considering factors |
| 1341 | identified in s. 163.3175(5)., and |
| 1342 | b. Achieve the compatibility of lands adjacent to an |
| 1343 | airport as defined in s. 330.35 and consistent with s. 333.02. |
| 1344 | c. Encourage preservation of recreational and commercial |
| 1345 | working waterfronts for water dependent uses in coastal |
| 1346 | communities. |
| 1347 | d. Encourage the location of schools proximate to urban |
| 1348 | residential areas to the extent possible. |
| 1349 | e. Coordinate future land uses with the topography and |
| 1350 | soil conditions, and the availability of facilities and |
| 1351 | services. |
| 1352 | f. Ensure the protection of natural and historic |
| 1353 | resources. |
| 1354 | g. Provide for the compatibility of adjacent land uses. |
| 1355 | h. Provide guidelines for the implementation of mixed use |
| 1356 | development including the types of uses allowed, the percentage |
| 1357 | distribution among the mix of uses, or other standards, and the |
| 1358 | density and intensity of each use. |
| 1359 | 4. In addition, for rural communities, The amount of land |
| 1360 | designated for future planned uses industrial use shall provide |
| 1361 | a balance of uses that foster vibrant, viable communities and |
| 1362 | economic development opportunities and address outdated |
| 1363 | development patterns, such as antiquated subdivisions. The |
| 1364 | amount of land designated for future land uses should allow the |
| 1365 | operation of real estate markets to provide adequate choices for |
| 1366 | permanent and seasonal residents and business and be based upon |
| 1367 | surveys and studies that reflect the need for job creation, |
| 1368 | capital investment, and the necessity to strengthen and |
| 1369 | diversify the local economies, and may not be limited solely by |
| 1370 | the projected population of the rural community. The element |
| 1371 | shall accommodate at least the minimum amount of land required |
| 1372 | to accommodate the medium projections of the University of |
| 1373 | Florida's Bureau of Economic and Business Research for at least |
| 1374 | a 10-year planning period unless otherwise limited under s. |
| 1375 | 380.05, including related rules of the Administration |
| 1376 | Commission. |
| 1377 | 5. The future land use plan of a county may also designate |
| 1378 | areas for possible future municipal incorporation. |
| 1379 | 6. The land use maps or map series shall generally |
| 1380 | identify and depict historic district boundaries and shall |
| 1381 | designate historically significant properties meriting |
| 1382 | protection. For coastal counties, the future land use element |
| 1383 | must include, without limitation, regulatory incentives and |
| 1384 | criteria that encourage the preservation of recreational and |
| 1385 | commercial working waterfronts as defined in s. 342.07. |
| 1386 | 7. The future land use element must clearly identify the |
| 1387 | land use categories in which public schools are an allowable |
| 1388 | use. When delineating the land use categories in which public |
| 1389 | schools are an allowable use, a local government shall include |
| 1390 | in the categories sufficient land proximate to residential |
| 1391 | development to meet the projected needs for schools in |
| 1392 | coordination with public school boards and may establish |
| 1393 | differing criteria for schools of different type or size. Each |
| 1394 | local government shall include lands contiguous to existing |
| 1395 | school sites, to the maximum extent possible, within the land |
| 1396 | use categories in which public schools are an allowable use. The |
| 1397 | failure by a local government to comply with these school siting |
| 1398 | requirements will result in the prohibition of the local |
| 1399 | government's ability to amend the local comprehensive plan, |
| 1400 | except for plan amendments described in s. 163.3187(1)(b), until |
| 1401 | the school siting requirements are met. Amendments proposed by a |
| 1402 | local government for purposes of identifying the land use |
| 1403 | categories in which public schools are an allowable use are |
| 1404 | exempt from the limitation on the frequency of plan amendments |
| 1405 | contained in s. 163.3187. The future land use element shall |
| 1406 | include criteria that encourage the location of schools |
| 1407 | proximate to urban residential areas to the extent possible and |
| 1408 | shall require that the local government seek to collocate public |
| 1409 | facilities, such as parks, libraries, and community centers, |
| 1410 | with schools to the extent possible and to encourage the use of |
| 1411 | elementary schools as focal points for neighborhoods. For |
| 1412 | schools serving predominantly rural counties, defined as a |
| 1413 | county with a population of 100,000 or fewer, an agricultural |
| 1414 | land use category is eligible for the location of public school |
| 1415 | facilities if the local comprehensive plan contains school |
| 1416 | siting criteria and the location is consistent with such |
| 1417 | criteria. |
| 1418 | 8. Future land use map amendments shall be based upon the |
| 1419 | following analyses: |
| 1420 | a. An analysis of the availability of facilities and |
| 1421 | services. |
| 1422 | b. An analysis of the suitability of the plan amendment |
| 1423 | for its proposed use considering the character of the |
| 1424 | undeveloped land, soils, topography, natural resources, and |
| 1425 | historic resources on site. |
| 1426 | c. An analysis of the minimum amount of land needed as |
| 1427 | determined by the local government. |
| 1428 | 9. The future land use element and any amendment to the |
| 1429 | future land use element shall discourage the proliferation of |
| 1430 | urban sprawl. |
| 1431 | a. The primary indicators that a plan or plan amendment |
| 1432 | does not discourage the proliferation of urban sprawl are listed |
| 1433 | below. The evaluation of the presence of these indicators shall |
| 1434 | consist of an analysis of the plan or plan amendment within the |
| 1435 | context of features and characteristics unique to each locality |
| 1436 | in order to determine whether the plan or plan amendment: |
| 1437 | (I) Promotes, allows, or designates for development |
| 1438 | substantial areas of the jurisdiction to develop as low- |
| 1439 | intensity, low-density, or single-use development or uses. |
| 1440 | (II) Promotes, allows, or designates significant amounts |
| 1441 | of urban development to occur in rural areas at substantial |
| 1442 | distances from existing urban areas while not using undeveloped |
| 1443 | lands that are available and suitable for development. |
| 1444 | (III) Promotes, allows, or designates urban development in |
| 1445 | radial, strip, isolated, or ribbon patterns generally emanating |
| 1446 | from existing urban developments. |
| 1447 | (IV) Fails to adequately protect and conserve natural |
| 1448 | resources, such as wetlands, floodplains, native vegetation, |
| 1449 | environmentally sensitive areas, natural groundwater aquifer |
| 1450 | recharge areas, lakes, rivers, shorelines, beaches, bays, |
| 1451 | estuarine systems, and other significant natural systems. |
| 1452 | (V) Fails to adequately protect adjacent agricultural |
| 1453 | areas and activities, including silviculture, active |
| 1454 | agricultural and silvicultural activities, passive agricultural |
| 1455 | activities, and dormant, unique, and prime farmlands and soils. |
| 1456 | (VI) Fails to maximize use of existing public facilities |
| 1457 | and services. |
| 1458 | (VII) Fails to maximize use of future public facilities |
| 1459 | and services. |
| 1460 | (VIII) Allows for land use patterns or timing which |
| 1461 | disproportionately increase the cost in time, money, and energy |
| 1462 | of providing and maintaining facilities and services, including |
| 1463 | roads, potable water, sanitary sewer, stormwater management, law |
| 1464 | enforcement, education, health care, fire and emergency |
| 1465 | response, and general government. |
| 1466 | (IX) Fails to provide a clear separation between rural and |
| 1467 | urban uses. |
| 1468 | (X) Discourages or inhibits infill development or the |
| 1469 | redevelopment of existing neighborhoods and communities. |
| 1470 | (XI) Fails to encourage a functional mix of uses. |
| 1471 | (XII) Results in poor accessibility among linked or |
| 1472 | related land uses. |
| 1473 | (XIII) Results in the loss of significant amounts of |
| 1474 | functional open space. |
| 1475 | b. The future land use element or plan amendment shall be |
| 1476 | determined to discourage the proliferation of urban sprawl if it |
| 1477 | incorporates a development pattern or urban form that achieves |
| 1478 | four or more of the following: |
| 1479 | (I) Directs or locates economic growth and associated land |
| 1480 | development to geographic areas of the community in a manner |
| 1481 | that does not have an adverse impact on and protects natural |
| 1482 | resources and ecosystems. |
| 1483 | (II) Promotes the efficient and cost-effective provision |
| 1484 | or extension of public infrastructure and services. |
| 1485 | (III) Promotes walkable and connected communities and |
| 1486 | provides for compact development and a mix of uses at densities |
| 1487 | and intensities that will support a range of housing choices and |
| 1488 | a multimodal transportation system, including pedestrian, |
| 1489 | bicycle, and transit, if available. |
| 1490 | (IV) Promotes conservation of water and energy. |
| 1491 | (V) Preserves agricultural areas and activities, including |
| 1492 | silviculture, and dormant, unique, and prime farmlands and |
| 1493 | soils. |
| 1494 | (VI) Preserves open space and natural lands and provides |
| 1495 | for public open space and recreation needs. |
| 1496 | (VII) Creates a balance of land uses based upon demands of |
| 1497 | residential population for the nonresidential needs of an area. |
| 1498 | (VIII) Provides uses, densities, and intensities of use |
| 1499 | and urban form that would remediate an existing or planned |
| 1500 | development pattern in the vicinity that constitutes sprawl or |
| 1501 | if it provides for an innovative development pattern such as |
| 1502 | transit-oriented developments or new towns as defined in s. |
| 1503 | 163.3164. |
| 1504 | 10. The future land use element shall include a future |
| 1505 | land use map or map series. |
| 1506 | a. The proposed distribution, extent, and location of the |
| 1507 | following uses shall be shown on the future land use map or map |
| 1508 | series: |
| 1509 | (I) Residential. |
| 1510 | (II) Commercial. |
| 1511 | (III) Industrial. |
| 1512 | (IV) Agricultural. |
| 1513 | (V) Recreational. |
| 1514 | (VI) Conservation. |
| 1515 | (VII) Educational. |
| 1516 | (VIII) Public. |
| 1517 | b. The following areas shall also be shown on the future |
| 1518 | land use map or map series, if applicable: |
| 1519 | (I) Historic district boundaries and designated |
| 1520 | historically significant properties. |
| 1521 | (II) Transportation concurrency management area boundaries |
| 1522 | or transportation concurrency exception area boundaries. |
| 1523 | (III) Multimodal transportation district boundaries. |
| 1524 | (IV) Mixed use categories. |
| 1525 | c. The following natural resources or conditions shall be |
| 1526 | shown on the future land use map or map series, if applicable: |
| 1527 | (I) Existing and planned public potable waterwells, cones |
| 1528 | of influence, and wellhead protection areas. |
| 1529 | (II) Beaches and shores, including estuarine systems. |
| 1530 | (III) Rivers, bays, lakes, floodplains, and harbors. |
| 1531 | (IV) Wetlands. |
| 1532 | (V) Minerals and soils. |
| 1533 | (VI) Coastal high hazard areas. |
| 1534 | 11. Local governments required to update or amend their |
| 1535 | comprehensive plan to include criteria and address compatibility |
| 1536 | of lands adjacent or closely proximate to existing military |
| 1537 | installations, or lands adjacent to an airport as defined in s. |
| 1538 | 330.35 and consistent with s. 333.02, in their future land use |
| 1539 | plan element shall transmit the update or amendment to the state |
| 1540 | land planning agency by June 30, 2012. |
| 1541 | (b) A transportation element addressing mobility issues in |
| 1542 | relationship to the size and character of the local government. |
| 1543 | The purpose of the transportation element shall be to plan for a |
| 1544 | multimodal transportation system that places emphasis on public |
| 1545 | transportation systems, where feasible. The element shall |
| 1546 | provide for a safe, convenient multimodal transportation system, |
| 1547 | coordinated with the future land use map or map series and |
| 1548 | designed to support all elements of the comprehensive plan. A |
| 1549 | local government that has all or part of its jurisdiction |
| 1550 | included within the metropolitan planning area of a metropolitan |
| 1551 | planning organization (M.P.O.) pursuant to s. 339.175 shall |
| 1552 | prepare and adopt a transportation element consistent with this |
| 1553 | subsection. Local governments that are not located within the |
| 1554 | metropolitan planning area of an M.P.O. shall address traffic |
| 1555 | circulation, mass transit, and ports, and aviation and related |
| 1556 | facilities consistent with this subsection, except that local |
| 1557 | governments with a population of 50,000 or less shall only be |
| 1558 | required to address transportation circulation. The element |
| 1559 | shall be coordinated with the plans and programs of any |
| 1560 | applicable metropolitan planning organization, transportation |
| 1561 | authority, Florida Transportation Plan, and Department of |
| 1562 | Transportation's adopted work program. |
| 1563 | 1. Each local government's transportation element shall |
| 1564 | address |
| 1565 | (b) A traffic circulation, including element consisting of |
| 1566 | the types, locations, and extent of existing and proposed major |
| 1567 | thoroughfares and transportation routes, including bicycle and |
| 1568 | pedestrian ways. Transportation corridors, as defined in s. |
| 1569 | 334.03, may be designated in the transportation traffic |
| 1570 | circulation element pursuant to s. 337.273. If the |
| 1571 | transportation corridors are designated, the local government |
| 1572 | may adopt a transportation corridor management ordinance. The |
| 1573 | element shall include a map or map series showing the general |
| 1574 | location of the existing and proposed transportation system |
| 1575 | features and shall be coordinated with the future land use map |
| 1576 | or map series. The element shall reflect the data, analysis, and |
| 1577 | associated principles and strategies relating to: |
| 1578 | a. The existing transportation system levels of service |
| 1579 | and system needs and the availability of transportation |
| 1580 | facilities and services. |
| 1581 | b. The growth trends and travel patterns and interactions |
| 1582 | between land use and transportation. |
| 1583 | c. Existing and projected intermodal deficiencies and |
| 1584 | needs. |
| 1585 | d. The projected transportation system levels of service |
| 1586 | and system needs based upon the future land use map and the |
| 1587 | projected integrated transportation system. |
| 1588 | e. How the local government will correct existing facility |
| 1589 | deficiencies, meet the identified needs of the projected |
| 1590 | transportation system, and advance the purpose of this paragraph |
| 1591 | and the other elements of the comprehensive plan. |
| 1592 | 2. Local governments within a metropolitan planning area |
| 1593 | designated as an M.P.O. pursuant to s. 339.175 shall also |
| 1594 | address: |
| 1595 | a. All alternative modes of travel, such as public |
| 1596 | transportation, pedestrian, and bicycle travel. |
| 1597 | b. Aviation, rail, seaport facilities, access to those |
| 1598 | facilities, and intermodal terminals. |
| 1599 | c. The capability to evacuate the coastal population |
| 1600 | before an impending natural disaster. |
| 1601 | d. Airports, projected airport and aviation development, |
| 1602 | and land use compatibility around airports, which includes areas |
| 1603 | defined in ss. 333.01 and 333.02. |
| 1604 | e. An identification of land use densities, building |
| 1605 | intensities, and transportation management programs to promote |
| 1606 | public transportation systems in designated public |
| 1607 | transportation corridors so as to encourage population densities |
| 1608 | sufficient to support such systems. |
| 1609 | 3. Municipalities having populations greater than 50,000, |
| 1610 | and counties having populations greater than 75,000, shall |
| 1611 | include mass-transit provisions showing proposed methods for the |
| 1612 | moving of people, rights-of-way, terminals, and related |
| 1613 | facilities and shall address: |
| 1614 | a. The provision of efficient public transit services |
| 1615 | based upon existing and proposed major trip generators and |
| 1616 | attractors, safe and convenient public transit terminals, land |
| 1617 | uses, and accommodation of the special needs of the |
| 1618 | transportation disadvantaged. |
| 1619 | b. Plans for port, aviation, and related facilities |
| 1620 | coordinated with the general circulation and transportation |
| 1621 | element. |
| 1622 | c. Plans for the circulation of recreational traffic, |
| 1623 | including bicycle facilities, exercise trails, riding |
| 1624 | facilities, and such other matters as may be related to the |
| 1625 | improvement and safety of movement of all types of recreational |
| 1626 | traffic. |
| 1627 | 4. At the option of a local government, an airport master |
| 1628 | plan, and any subsequent amendments to the airport master plan, |
| 1629 | prepared by a licensed publicly owned and operated airport under |
| 1630 | s. 333.06 may be incorporated into the local government |
| 1631 | comprehensive plan by the local government having jurisdiction |
| 1632 | under this act for the area in which the airport or projected |
| 1633 | airport development is located by the adoption of a |
| 1634 | comprehensive plan amendment. In the amendment to the local |
| 1635 | comprehensive plan that integrates the airport master plan, the |
| 1636 | comprehensive plan amendment shall address land use |
| 1637 | compatibility consistent with chapter 333 regarding airport |
| 1638 | zoning; the provision of regional transportation facilities for |
| 1639 | the efficient use and operation of the transportation system and |
| 1640 | airport; consistency with the local government transportation |
| 1641 | circulation element and applicable M.P.O. long-range |
| 1642 | transportation plans; the execution of any necessary interlocal |
| 1643 | agreements for the purposes of the provision of public |
| 1644 | facilities and services to maintain the adopted level-of-service |
| 1645 | standards for facilities subject to concurrency; and may address |
| 1646 | airport-related or aviation-related development. Development or |
| 1647 | expansion of an airport consistent with the adopted airport |
| 1648 | master plan that has been incorporated into the local |
| 1649 | comprehensive plan in compliance with this part, and airport- |
| 1650 | related or aviation-related development that has been addressed |
| 1651 | in the comprehensive plan amendment that incorporates the |
| 1652 | airport master plan, do not constitute a development of regional |
| 1653 | impact. Notwithstanding any other general law, an airport that |
| 1654 | has received a development-of-regional-impact development order |
| 1655 | pursuant to s. 380.06, but which is no longer required to |
| 1656 | undergo development-of-regional-impact review pursuant to this |
| 1657 | subsection, may rescind its development-of-regional-impact order |
| 1658 | upon written notification to the applicable local government. |
| 1659 | Upon receipt by the local government, the development-of- |
| 1660 | regional-impact development order shall be deemed rescinded. The |
| 1661 | traffic circulation element shall incorporate transportation |
| 1662 | strategies to address reduction in greenhouse gas emissions from |
| 1663 | the transportation sector. |
| 1664 | (c) A general sanitary sewer, solid waste, drainage, |
| 1665 | potable water, and natural groundwater aquifer recharge element |
| 1666 | correlated to principles and guidelines for future land use, |
| 1667 | indicating ways to provide for future potable water, drainage, |
| 1668 | sanitary sewer, solid waste, and aquifer recharge protection |
| 1669 | requirements for the area. The element may be a detailed |
| 1670 | engineering plan including a topographic map depicting areas of |
| 1671 | prime groundwater recharge. |
| 1672 | 1. Each local government shall address in the data and |
| 1673 | analyses required by this section those facilities that provide |
| 1674 | service within the local government's jurisdiction. Local |
| 1675 | governments that provide facilities to serve areas within other |
| 1676 | local government jurisdictions shall also address those |
| 1677 | facilities in the data and analyses required by this section, |
| 1678 | using data from the comprehensive plan for those areas for the |
| 1679 | purpose of projecting facility needs as required in this |
| 1680 | subsection. For shared facilities, each local government shall |
| 1681 | indicate the proportional capacity of the systems allocated to |
| 1682 | serve its jurisdiction. |
| 1683 | 2. The element shall describe the problems and needs and |
| 1684 | the general facilities that will be required for solution of the |
| 1685 | problems and needs, including correcting existing facility |
| 1686 | deficiencies. The element shall address coordinating the |
| 1687 | extension of, or increase in the capacity of, facilities to meet |
| 1688 | future needs while maximizing the use of existing facilities and |
| 1689 | discouraging urban sprawl; conservation of potable water |
| 1690 | resources; and protecting the functions of natural groundwater |
| 1691 | recharge areas and natural drainage features. The element shall |
| 1692 | also include a topographic map depicting any areas adopted by a |
| 1693 | regional water management district as prime groundwater recharge |
| 1694 | areas for the Floridan or Biscayne aquifers. These areas shall |
| 1695 | be given special consideration when the local government is |
| 1696 | engaged in zoning or considering future land use for said |
| 1697 | designated areas. For areas served by septic tanks, soil surveys |
| 1698 | shall be provided which indicate the suitability of soils for |
| 1699 | septic tanks. |
| 1700 | 3. Within 18 months after the governing board approves an |
| 1701 | updated regional water supply plan, the element must incorporate |
| 1702 | the alternative water supply project or projects selected by the |
| 1703 | local government from those identified in the regional water |
| 1704 | supply plan pursuant to s. 373.709(2)(a) or proposed by the |
| 1705 | local government under s. 373.709(8)(b). If a local government |
| 1706 | is located within two water management districts, the local |
| 1707 | government shall adopt its comprehensive plan amendment within |
| 1708 | 18 months after the later updated regional water supply plan. |
| 1709 | The element must identify such alternative water supply projects |
| 1710 | and traditional water supply projects and conservation and reuse |
| 1711 | necessary to meet the water needs identified in s. 373.709(2)(a) |
| 1712 | within the local government's jurisdiction and include a work |
| 1713 | plan, covering at least a 10-year planning period, for building |
| 1714 | public, private, and regional water supply facilities, including |
| 1715 | development of alternative water supplies, which are identified |
| 1716 | in the element as necessary to serve existing and new |
| 1717 | development. The work plan shall be updated, at a minimum, every |
| 1718 | 5 years within 18 months after the governing board of a water |
| 1719 | management district approves an updated regional water supply |
| 1720 | plan. Amendments to incorporate the work plan do not count |
| 1721 | toward the limitation on the frequency of adoption of amendments |
| 1722 | to the comprehensive plan. Local governments, public and private |
| 1723 | utilities, regional water supply authorities, special districts, |
| 1724 | and water management districts are encouraged to cooperatively |
| 1725 | plan for the development of multijurisdictional water supply |
| 1726 | facilities that are sufficient to meet projected demands for |
| 1727 | established planning periods, including the development of |
| 1728 | alternative water sources to supplement traditional sources of |
| 1729 | groundwater and surface water supplies. |
| 1730 | (d) A conservation element for the conservation, use, and |
| 1731 | protection of natural resources in the area, including air, |
| 1732 | water, water recharge areas, wetlands, waterwells, estuarine |
| 1733 | marshes, soils, beaches, shores, flood plains, rivers, bays, |
| 1734 | lakes, harbors, forests, fisheries and wildlife, marine habitat, |
| 1735 | minerals, and other natural and environmental resources, |
| 1736 | including factors that affect energy conservation. |
| 1737 | 1. The following natural resources, where present within |
| 1738 | the local government's boundaries, shall be identified and |
| 1739 | analyzed and existing recreational or conservation uses, known |
| 1740 | pollution problems, including hazardous wastes, and the |
| 1741 | potential for conservation, recreation, use, or protection shall |
| 1742 | also be identified: |
| 1743 | a. Rivers, bays, lakes, wetlands including estuarine |
| 1744 | marshes, groundwaters, and springs, including information on |
| 1745 | quality of the resource available. |
| 1746 | b. Floodplains. |
| 1747 | c. Known sources of commercially valuable minerals. |
| 1748 | d. Areas known to have experienced soil erosion problems. |
| 1749 | e. Areas that are the location of recreationally and |
| 1750 | commercially important fish or shellfish, wildlife, marine |
| 1751 | habitats, and vegetative communities, including forests, |
| 1752 | indicating known dominant species present and species listed by |
| 1753 | federal, state, or local government agencies as endangered, |
| 1754 | threatened, or species of special concern. |
| 1755 | 2. The element must contain principles, guidelines, and |
| 1756 | standards for conservation that provide long-term goals and |
| 1757 | which: |
| 1758 | a. Protects air quality. |
| 1759 | b. Conserves, appropriately uses, and protects the quality |
| 1760 | and quantity of current and projected water sources and waters |
| 1761 | that flow into estuarine waters or oceanic waters and protect |
| 1762 | from activities and land uses known to affect adversely the |
| 1763 | quality and quantity of identified water sources, including |
| 1764 | natural groundwater recharge areas, wellhead protection areas, |
| 1765 | and surface waters used as a source of public water supply. |
| 1766 | c. Provides for the emergency conservation of water |
| 1767 | sources in accordance with the plans of the regional water |
| 1768 | management district. |
| 1769 | d. Conserves, appropriately uses, and protects minerals, |
| 1770 | soils, and native vegetative communities, including forests, |
| 1771 | from destruction by development activities. |
| 1772 | e. Conserves, appropriately uses, and protects fisheries, |
| 1773 | wildlife, wildlife habitat, and marine habitat and restricts |
| 1774 | activities known to adversely affect the survival of endangered |
| 1775 | and threatened wildlife. |
| 1776 | f. Protects existing natural reservations identified in |
| 1777 | the recreation and open space element. |
| 1778 | g. Maintains cooperation with adjacent local governments |
| 1779 | to conserve, appropriately use, or protect unique vegetative |
| 1780 | communities located within more than one local jurisdiction. |
| 1781 | h. Designates environmentally sensitive lands for |
| 1782 | protection based on locally determined criteria which further |
| 1783 | the goals and objectives of the conservation element. |
| 1784 | i. Manages hazardous waste to protect natural resources. |
| 1785 | j. Protects and conserves wetlands and the natural |
| 1786 | functions of wetlands. |
| 1787 | k. Directs future land uses that are incompatible with the |
| 1788 | protection and conservation of wetlands and wetland functions |
| 1789 | away from wetlands. The type, intensity or density, extent, |
| 1790 | distribution, and location of allowable land uses and the types, |
| 1791 | values, functions, sizes, conditions, and locations of wetlands |
| 1792 | are land use factors that shall be considered when directing |
| 1793 | incompatible land uses away from wetlands. Land uses shall be |
| 1794 | distributed in a manner that minimizes the effect and impact on |
| 1795 | wetlands. The protection and conservation of wetlands by the |
| 1796 | direction of incompatible land uses away from wetlands shall |
| 1797 | occur in combination with other principles, guidelines, |
| 1798 | standards, and strategies in the comprehensive plan. Where |
| 1799 | incompatible land uses are allowed to occur, mitigation shall be |
| 1800 | considered as one means to compensate for loss of wetlands |
| 1801 | functions. |
| 1802 | 3. Local governments shall assess their Current and, as |
| 1803 | well as projected, water needs and sources for at least a 10- |
| 1804 | year period based on the demands for industrial, agricultural, |
| 1805 | and potable water use and the quality and quantity of water |
| 1806 | available to meet these demands shall be analyzed. The analysis |
| 1807 | shall consider the existing levels of water conservation, use, |
| 1808 | and protection and applicable policies of the regional water |
| 1809 | management district and further must consider, considering the |
| 1810 | appropriate regional water supply plan approved pursuant to s. |
| 1811 | 373.709, or, in the absence of an approved regional water supply |
| 1812 | plan, the district water management plan approved pursuant to s. |
| 1813 | 373.036(2). This information shall be submitted to the |
| 1814 | appropriate agencies. The land use map or map series contained |
| 1815 | in the future land use element shall generally identify and |
| 1816 | depict the following: |
| 1817 | 1. Existing and planned waterwells and cones of influence |
| 1818 | where applicable. |
| 1819 | 2. Beaches and shores, including estuarine systems. |
| 1820 | 3. Rivers, bays, lakes, flood plains, and harbors. |
| 1821 | 4. Wetlands. |
| 1822 | 5. Minerals and soils. |
| 1823 | 6. Energy conservation. |
| 1824 |
|
| 1825 | The land uses identified on such maps shall be consistent with |
| 1826 | applicable state law and rules. |
| 1827 | (e) A recreation and open space element indicating a |
| 1828 | comprehensive system of public and private sites for recreation, |
| 1829 | including, but not limited to, natural reservations, parks and |
| 1830 | playgrounds, parkways, beaches and public access to beaches, |
| 1831 | open spaces, waterways, and other recreational facilities. |
| 1832 | (f)1. A housing element consisting of standards, plans, |
| 1833 | and principles, guidelines, standards, and strategies to be |
| 1834 | followed in: |
| 1835 | a. The provision of housing for all current and |
| 1836 | anticipated future residents of the jurisdiction. |
| 1837 | b. The elimination of substandard dwelling conditions. |
| 1838 | c. The structural and aesthetic improvement of existing |
| 1839 | housing. |
| 1840 | d. The provision of adequate sites for future housing, |
| 1841 | including affordable workforce housing as defined in s. |
| 1842 | 380.0651(3)(h)(j), housing for low-income, very low-income, and |
| 1843 | moderate-income families, mobile homes, and group home |
| 1844 | facilities and foster care facilities, with supporting |
| 1845 | infrastructure and public facilities. |
| 1846 | e. Provision for relocation housing and identification of |
| 1847 | historically significant and other housing for purposes of |
| 1848 | conservation, rehabilitation, or replacement. |
| 1849 | f. The formulation of housing implementation programs. |
| 1850 | g. The creation or preservation of affordable housing to |
| 1851 | minimize the need for additional local services and avoid the |
| 1852 | concentration of affordable housing units only in specific areas |
| 1853 | of the jurisdiction. |
| 1854 | h. Energy efficiency in the design and construction of new |
| 1855 | housing. |
| 1856 | i. Use of renewable energy resources. |
| 1857 | j. Each county in which the gap between the buying power |
| 1858 | of a family of four and the median county home sale price |
| 1859 | exceeds $170,000, as determined by the Florida Housing Finance |
| 1860 | Corporation, and which is not designated as an area of critical |
| 1861 | state concern shall adopt a plan for ensuring affordable |
| 1862 | workforce housing. At a minimum, the plan shall identify |
| 1863 | adequate sites for such housing. For purposes of this sub- |
| 1864 | subparagraph, the term "workforce housing" means housing that is |
| 1865 | affordable to natural persons or families whose total household |
| 1866 | income does not exceed 140 percent of the area median income, |
| 1867 | adjusted for household size. |
| 1868 | k. As a precondition to receiving any state affordable |
| 1869 | housing funding or allocation for any project or program within |
| 1870 | the jurisdiction of a county that is subject to sub-subparagraph |
| 1871 | j., a county must, by July 1 of each year, provide certification |
| 1872 | that the county has complied with the requirements of sub- |
| 1873 | subparagraph j. |
| 1874 | 2. The principles, guidelines, standards, and strategies |
| 1875 | goals, objectives, and policies of the housing element must be |
| 1876 | based on the data and analysis prepared on housing needs, |
| 1877 | including an inventory taken from the latest decennial United |
| 1878 | States Census or more recent estimates, which shall include the |
| 1879 | number and distribution of dwelling units by type, tenure, age, |
| 1880 | rent, value, monthly cost of owner-occupied units, and rent or |
| 1881 | cost to income ratio, and shall show the number of dwelling |
| 1882 | units that are substandard. The inventory shall also include the |
| 1883 | methodology used to estimate the condition of housing, a |
| 1884 | projection of the anticipated number of households by size, |
| 1885 | income range, and age of residents derived from the population |
| 1886 | projections, and the minimum housing need of the current and |
| 1887 | anticipated future residents of the jurisdiction the affordable |
| 1888 | housing needs assessment. |
| 1889 | 3. The housing element must express principles, |
| 1890 | guidelines, standards, and strategies that reflect, as needed, |
| 1891 | the creation and preservation of affordable housing for all |
| 1892 | current and anticipated future residents of the jurisdiction, |
| 1893 | elimination of substandard housing conditions, adequate sites, |
| 1894 | and distribution of housing for a range of incomes and types, |
| 1895 | including mobile and manufactured homes. The element must |
| 1896 | provide for specific programs and actions to partner with |
| 1897 | private and nonprofit sectors to address housing needs in the |
| 1898 | jurisdiction, streamline the permitting process, and minimize |
| 1899 | costs and delays for affordable housing, establish standards to |
| 1900 | address the quality of housing, stabilization of neighborhoods, |
| 1901 | and identification and improvement of historically significant |
| 1902 | housing. |
| 1903 | 4. State and federal housing plans prepared on behalf of |
| 1904 | the local government must be consistent with the goals, |
| 1905 | objectives, and policies of the housing element. Local |
| 1906 | governments are encouraged to use job training, job creation, |
| 1907 | and economic solutions to address a portion of their affordable |
| 1908 | housing concerns. |
| 1909 | 2. To assist local governments in housing data collection |
| 1910 | and analysis and assure uniform and consistent information |
| 1911 | regarding the state's housing needs, the state land planning |
| 1912 | agency shall conduct an affordable housing needs assessment for |
| 1913 | all local jurisdictions on a schedule that coordinates the |
| 1914 | implementation of the needs assessment with the evaluation and |
| 1915 | appraisal reports required by s. 163.3191. Each local government |
| 1916 | shall utilize the data and analysis from the needs assessment as |
| 1917 | one basis for the housing element of its local comprehensive |
| 1918 | plan. The agency shall allow a local government the option to |
| 1919 | perform its own needs assessment, if it uses the methodology |
| 1920 | established by the agency by rule. |
| 1921 | (g)1. For those units of local government identified in s. |
| 1922 | 380.24, a coastal management element, appropriately related to |
| 1923 | the particular requirements of paragraphs (d) and (e) and |
| 1924 | meeting the requirements of s. 163.3178(2) and (3). The coastal |
| 1925 | management element shall set forth the principles, guidelines, |
| 1926 | standards, and strategies policies that shall guide the local |
| 1927 | government's decisions and program implementation with respect |
| 1928 | to the following objectives: |
| 1929 | 1.a. Maintain, restore, and enhance Maintenance, |
| 1930 | restoration, and enhancement of the overall quality of the |
| 1931 | coastal zone environment, including, but not limited to, its |
| 1932 | amenities and aesthetic values. |
| 1933 | 2.b. Preserve the continued existence of viable |
| 1934 | populations of all species of wildlife and marine life. |
| 1935 | 3.c. Protect the orderly and balanced utilization and |
| 1936 | preservation, consistent with sound conservation principles, of |
| 1937 | all living and nonliving coastal zone resources. |
| 1938 | 4.d. Avoid Avoidance of irreversible and irretrievable |
| 1939 | loss of coastal zone resources. |
| 1940 | 5.e. Use ecological planning principles and assumptions to |
| 1941 | be used in the determination of the suitability and extent of |
| 1942 | permitted development. |
| 1943 | f. Proposed management and regulatory techniques. |
| 1944 | 6.g. Limit Limitation of public expenditures that |
| 1945 | subsidize development in high-hazard coastal high-hazard areas. |
| 1946 | 7.h. Protect Protection of human life against the effects |
| 1947 | of natural disasters. |
| 1948 | 8.i. Direct the orderly development, maintenance, and use |
| 1949 | of ports identified in s. 403.021(9) to facilitate deepwater |
| 1950 | commercial navigation and other related activities. |
| 1951 | 9.j. Preserve historic and archaeological resources, which |
| 1952 | include the Preservation, including sensitive adaptive use of |
| 1953 | these historic and archaeological resources. |
| 1954 | 2. As part of this element, a local government that has a |
| 1955 | coastal management element in its comprehensive plan is |
| 1956 | encouraged to adopt recreational surface water use policies that |
| 1957 | include applicable criteria for and consider such factors as |
| 1958 | natural resources, manatee protection needs, protection of |
| 1959 | working waterfronts and public access to the water, and |
| 1960 | recreation and economic demands. Criteria for manatee protection |
| 1961 | in the recreational surface water use policies should reflect |
| 1962 | applicable guidance outlined in the Boat Facility Siting Guide |
| 1963 | prepared by the Fish and Wildlife Conservation Commission. If |
| 1964 | the local government elects to adopt recreational surface water |
| 1965 | use policies by comprehensive plan amendment, such comprehensive |
| 1966 | plan amendment is exempt from the provisions of s. 163.3187(1). |
| 1967 | Local governments that wish to adopt recreational surface water |
| 1968 | use policies may be eligible for assistance with the development |
| 1969 | of such policies through the Florida Coastal Management Program. |
| 1970 | The Office of Program Policy Analysis and Government |
| 1971 | Accountability shall submit a report on the adoption of |
| 1972 | recreational surface water use policies under this subparagraph |
| 1973 | to the President of the Senate, the Speaker of the House of |
| 1974 | Representatives, and the majority and minority leaders of the |
| 1975 | Senate and the House of Representatives no later than December |
| 1976 | 1, 2010. |
| 1977 | (h)1. An intergovernmental coordination element showing |
| 1978 | relationships and stating principles and guidelines to be used |
| 1979 | in coordinating the adopted comprehensive plan with the plans of |
| 1980 | school boards, regional water supply authorities, and other |
| 1981 | units of local government providing services but not having |
| 1982 | regulatory authority over the use of land, with the |
| 1983 | comprehensive plans of adjacent municipalities, the county, |
| 1984 | adjacent counties, or the region, with the state comprehensive |
| 1985 | plan and with the applicable regional water supply plan approved |
| 1986 | pursuant to s. 373.709, as the case may require and as such |
| 1987 | adopted plans or plans in preparation may exist. This element of |
| 1988 | the local comprehensive plan must demonstrate consideration of |
| 1989 | the particular effects of the local plan, when adopted, upon the |
| 1990 | development of adjacent municipalities, the county, adjacent |
| 1991 | counties, or the region, or upon the state comprehensive plan, |
| 1992 | as the case may require. |
| 1993 | a. The intergovernmental coordination element must provide |
| 1994 | procedures for identifying and implementing joint planning |
| 1995 | areas, especially for the purpose of annexation, municipal |
| 1996 | incorporation, and joint infrastructure service areas. |
| 1997 | b. The intergovernmental coordination element must provide |
| 1998 | for recognition of campus master plans prepared pursuant to s. |
| 1999 | 1013.30 and airport master plans under paragraph (k). |
| 2000 | c. The intergovernmental coordination element shall |
| 2001 | provide for a dispute resolution process, as established |
| 2002 | pursuant to s. 186.509, for bringing intergovernmental disputes |
| 2003 | to closure in a timely manner. |
| 2004 | c.d. The intergovernmental coordination element shall |
| 2005 | provide for interlocal agreements as established pursuant to s. |
| 2006 | 333.03(1)(b). |
| 2007 | 2. The intergovernmental coordination element shall also |
| 2008 | state principles and guidelines to be used in coordinating the |
| 2009 | adopted comprehensive plan with the plans of school boards and |
| 2010 | other units of local government providing facilities and |
| 2011 | services but not having regulatory authority over the use of |
| 2012 | land. In addition, the intergovernmental coordination element |
| 2013 | must describe joint processes for collaborative planning and |
| 2014 | decisionmaking on population projections and public school |
| 2015 | siting, the location and extension of public facilities subject |
| 2016 | to concurrency, and siting facilities with countywide |
| 2017 | significance, including locally unwanted land uses whose nature |
| 2018 | and identity are established in an agreement. |
| 2019 | 3. Within 1 year after adopting their intergovernmental |
| 2020 | coordination elements, each county, all the municipalities |
| 2021 | within that county, the district school board, and any unit of |
| 2022 | local government service providers in that county shall |
| 2023 | establish by interlocal or other formal agreement executed by |
| 2024 | all affected entities, the joint processes described in this |
| 2025 | subparagraph consistent with their adopted intergovernmental |
| 2026 | coordination elements. The element must: |
| 2027 | a. Ensure that the local government addresses through |
| 2028 | coordination mechanisms the impacts of development proposed in |
| 2029 | the local comprehensive plan upon development in adjacent |
| 2030 | municipalities, the county, adjacent counties, the region, and |
| 2031 | the state. The area of concern for municipalities shall include |
| 2032 | adjacent municipalities, the county, and counties adjacent to |
| 2033 | the municipality. The area of concern for counties shall include |
| 2034 | all municipalities within the county, adjacent counties, and |
| 2035 | adjacent municipalities. |
| 2036 | b. Ensure coordination in establishing level of service |
| 2037 | standards for public facilities with any state, regional, or |
| 2038 | local entity having operational and maintenance responsibility |
| 2039 | for such facilities. |
| 2040 | 3. To foster coordination between special districts and |
| 2041 | local general-purpose governments as local general-purpose |
| 2042 | governments implement local comprehensive plans, each |
| 2043 | independent special district must submit a public facilities |
| 2044 | report to the appropriate local government as required by s. |
| 2045 | 189.415. |
| 2046 | 4. Local governments shall execute an interlocal agreement |
| 2047 | with the district school board, the county, and nonexempt |
| 2048 | municipalities pursuant to s. 163.31777. The local government |
| 2049 | shall amend the intergovernmental coordination element to ensure |
| 2050 | that coordination between the local government and school board |
| 2051 | is pursuant to the agreement and shall state the obligations of |
| 2052 | the local government under the agreement. Plan amendments that |
| 2053 | comply with this subparagraph are exempt from the provisions of |
| 2054 | s. 163.3187(1). |
| 2055 | 5. By January 1, 2004, any county having a population |
| 2056 | greater than 100,000, and the municipalities and special |
| 2057 | districts within that county, shall submit a report to the |
| 2058 | Department of Community Affairs which identifies: |
| 2059 | a. All existing or proposed interlocal service delivery |
| 2060 | agreements relating to education; sanitary sewer; public safety; |
| 2061 | solid waste; drainage; potable water; parks and recreation; and |
| 2062 | transportation facilities. |
| 2063 | b. Any deficits or duplication in the provision of |
| 2064 | services within its jurisdiction, whether capital or |
| 2065 | operational. Upon request, the Department of Community Affairs |
| 2066 | shall provide technical assistance to the local governments in |
| 2067 | identifying deficits or duplication. |
| 2068 | 6. Within 6 months after submission of the report, the |
| 2069 | Department of Community Affairs shall, through the appropriate |
| 2070 | regional planning council, coordinate a meeting of all local |
| 2071 | governments within the regional planning area to discuss the |
| 2072 | reports and potential strategies to remedy any identified |
| 2073 | deficiencies or duplications. |
| 2074 | 7. Each local government shall update its |
| 2075 | intergovernmental coordination element based upon the findings |
| 2076 | in the report submitted pursuant to subparagraph 5. The report |
| 2077 | may be used as supporting data and analysis for the |
| 2078 | intergovernmental coordination element. |
| 2079 | (i) The optional elements of the comprehensive plan in |
| 2080 | paragraphs (7)(a) and (b) are required elements for those |
| 2081 | municipalities having populations greater than 50,000, and those |
| 2082 | counties having populations greater than 75,000, as determined |
| 2083 | under s. 186.901. |
| 2084 | (j) For each unit of local government within an urbanized |
| 2085 | area designated for purposes of s. 339.175, a transportation |
| 2086 | element, which must be prepared and adopted in lieu of the |
| 2087 | requirements of paragraph (b) and paragraphs (7)(a), (b), (c), |
| 2088 | and (d) and which shall address the following issues: |
| 2089 | 1. Traffic circulation, including major thoroughfares and |
| 2090 | other routes, including bicycle and pedestrian ways. |
| 2091 | 2. All alternative modes of travel, such as public |
| 2092 | transportation, pedestrian, and bicycle travel. |
| 2093 | 3. Parking facilities. |
| 2094 | 4. Aviation, rail, seaport facilities, access to those |
| 2095 | facilities, and intermodal terminals. |
| 2096 | 5. The availability of facilities and services to serve |
| 2097 | existing land uses and the compatibility between future land use |
| 2098 | and transportation elements. |
| 2099 | 6. The capability to evacuate the coastal population prior |
| 2100 | to an impending natural disaster. |
| 2101 | 7. Airports, projected airport and aviation development, |
| 2102 | and land use compatibility around airports, which includes areas |
| 2103 | defined in ss. 333.01 and 333.02. |
| 2104 | 8. An identification of land use densities, building |
| 2105 | intensities, and transportation management programs to promote |
| 2106 | public transportation systems in designated public |
| 2107 | transportation corridors so as to encourage population densities |
| 2108 | sufficient to support such systems. |
| 2109 | 9. May include transportation corridors, as defined in s. |
| 2110 | 334.03, intended for future transportation facilities designated |
| 2111 | pursuant to s. 337.273. If transportation corridors are |
| 2112 | designated, the local government may adopt a transportation |
| 2113 | corridor management ordinance. |
| 2114 | 10. The incorporation of transportation strategies to |
| 2115 | address reduction in greenhouse gas emissions from the |
| 2116 | transportation sector. |
| 2117 | (k) An airport master plan, and any subsequent amendments |
| 2118 | to the airport master plan, prepared by a licensed publicly |
| 2119 | owned and operated airport under s. 333.06 may be incorporated |
| 2120 | into the local government comprehensive plan by the local |
| 2121 | government having jurisdiction under this act for the area in |
| 2122 | which the airport or projected airport development is located by |
| 2123 | the adoption of a comprehensive plan amendment. In the amendment |
| 2124 | to the local comprehensive plan that integrates the airport |
| 2125 | master plan, the comprehensive plan amendment shall address land |
| 2126 | use compatibility consistent with chapter 333 regarding airport |
| 2127 | zoning; the provision of regional transportation facilities for |
| 2128 | the efficient use and operation of the transportation system and |
| 2129 | airport; consistency with the local government transportation |
| 2130 | circulation element and applicable metropolitan planning |
| 2131 | organization long-range transportation plans; and the execution |
| 2132 | of any necessary interlocal agreements for the purposes of the |
| 2133 | provision of public facilities and services to maintain the |
| 2134 | adopted level-of-service standards for facilities subject to |
| 2135 | concurrency; and may address airport-related or aviation-related |
| 2136 | development. Development or expansion of an airport consistent |
| 2137 | with the adopted airport master plan that has been incorporated |
| 2138 | into the local comprehensive plan in compliance with this part, |
| 2139 | and airport-related or aviation-related development that has |
| 2140 | been addressed in the comprehensive plan amendment that |
| 2141 | incorporates the airport master plan, shall not be a development |
| 2142 | of regional impact. Notwithstanding any other general law, an |
| 2143 | airport that has received a development-of-regional-impact |
| 2144 | development order pursuant to s. 380.06, but which is no longer |
| 2145 | required to undergo development-of-regional-impact review |
| 2146 | pursuant to this subsection, may abandon its development-of- |
| 2147 | regional-impact order upon written notification to the |
| 2148 | applicable local government. Upon receipt by the local |
| 2149 | government, the development-of-regional-impact development order |
| 2150 | is void. |
| 2151 | (7) The comprehensive plan may include the following |
| 2152 | additional elements, or portions or phases thereof: |
| 2153 | (a) As a part of the circulation element of paragraph |
| 2154 | (6)(b) or as a separate element, a mass-transit element showing |
| 2155 | proposed methods for the moving of people, rights-of-way, |
| 2156 | terminals, related facilities, and fiscal considerations for the |
| 2157 | accomplishment of the element. |
| 2158 | (b) As a part of the circulation element of paragraph |
| 2159 | (6)(b) or as a separate element, plans for port, aviation, and |
| 2160 | related facilities coordinated with the general circulation and |
| 2161 | transportation element. |
| 2162 | (c) As a part of the circulation element of paragraph |
| 2163 | (6)(b) and in coordination with paragraph (6)(e), where |
| 2164 | applicable, a plan element for the circulation of recreational |
| 2165 | traffic, including bicycle facilities, exercise trails, riding |
| 2166 | facilities, and such other matters as may be related to the |
| 2167 | improvement and safety of movement of all types of recreational |
| 2168 | traffic. |
| 2169 | (d) As a part of the circulation element of paragraph |
| 2170 | (6)(b) or as a separate element, a plan element for the |
| 2171 | development of offstreet parking facilities for motor vehicles |
| 2172 | and the fiscal considerations for the accomplishment of the |
| 2173 | element. |
| 2174 | (e) A public buildings and related facilities element |
| 2175 | showing locations and arrangements of civic and community |
| 2176 | centers, public schools, hospitals, libraries, police and fire |
| 2177 | stations, and other public buildings. This plan element should |
| 2178 | show particularly how it is proposed to effect coordination with |
| 2179 | governmental units, such as school boards or hospital |
| 2180 | authorities, having public development and service |
| 2181 | responsibilities, capabilities, and potential but not having |
| 2182 | land development regulatory authority. This element may include |
| 2183 | plans for architecture and landscape treatment of their grounds. |
| 2184 | (f) A recommended community design element which may |
| 2185 | consist of design recommendations for land subdivision, |
| 2186 | neighborhood development and redevelopment, design of open space |
| 2187 | locations, and similar matters to the end that such |
| 2188 | recommendations may be available as aids and guides to |
| 2189 | developers in the future planning and development of land in the |
| 2190 | area. |
| 2191 | (g) A general area redevelopment element consisting of |
| 2192 | plans and programs for the redevelopment of slums and blighted |
| 2193 | locations in the area and for community redevelopment, including |
| 2194 | housing sites, business and industrial sites, public buildings |
| 2195 | sites, recreational facilities, and other purposes authorized by |
| 2196 | law. |
| 2197 | (h) A safety element for the protection of residents and |
| 2198 | property of the area from fire, hurricane, or manmade or natural |
| 2199 | catastrophe, including such necessary features for protection as |
| 2200 | evacuation routes and their control in an emergency, water |
| 2201 | supply requirements, minimum road widths, clearances around and |
| 2202 | elevations of structures, and similar matters. |
| 2203 | (i) An historical and scenic preservation element setting |
| 2204 | out plans and programs for those structures or lands in the area |
| 2205 | having historical, archaeological, architectural, scenic, or |
| 2206 | similar significance. |
| 2207 | (j) An economic element setting forth principles and |
| 2208 | guidelines for the commercial and industrial development, if |
| 2209 | any, and the employment and personnel utilization within the |
| 2210 | area. The element may detail the type of commercial and |
| 2211 | industrial development sought, correlated to the present and |
| 2212 | projected employment needs of the area and to other elements of |
| 2213 | the plans, and may set forth methods by which a balanced and |
| 2214 | stable economic base will be pursued. |
| 2215 | (k) Such other elements as may be peculiar to, and |
| 2216 | necessary for, the area concerned and as are added to the |
| 2217 | comprehensive plan by the governing body upon the recommendation |
| 2218 | of the local planning agency. |
| 2219 | (l) Local governments that are not required to prepare |
| 2220 | coastal management elements under s. 163.3178 are encouraged to |
| 2221 | adopt hazard mitigation/postdisaster redevelopment plans. These |
| 2222 | plans should, at a minimum, establish long-term policies |
| 2223 | regarding redevelopment, infrastructure, densities, |
| 2224 | nonconforming uses, and future land use patterns. Grants to |
| 2225 | assist local governments in the preparation of these hazard |
| 2226 | mitigation/postdisaster redevelopment plans shall be available |
| 2227 | through the Emergency Management Preparedness and Assistance |
| 2228 | Account in the Grants and Donations Trust Fund administered by |
| 2229 | the department, if such account is created by law. The plans |
| 2230 | must be in compliance with the requirements of this act and |
| 2231 | chapter 252. |
| 2232 | (8) All elements of the comprehensive plan, whether |
| 2233 | mandatory or optional, shall be based upon data appropriate to |
| 2234 | the element involved. Surveys and studies utilized in the |
| 2235 | preparation of the comprehensive plan shall not be deemed a part |
| 2236 | of the comprehensive plan unless adopted as a part of it. Copies |
| 2237 | of such studies, surveys, and supporting documents shall be made |
| 2238 | available to public inspection, and copies of such plans shall |
| 2239 | be made available to the public upon payment of reasonable |
| 2240 | charges for reproduction. |
| 2241 | (9) The state land planning agency shall, by February 15, |
| 2242 | 1986, adopt by rule minimum criteria for the review and |
| 2243 | determination of compliance of the local government |
| 2244 | comprehensive plan elements required by this act. Such rules |
| 2245 | shall not be subject to rule challenges under s. 120.56(2) or to |
| 2246 | drawout proceedings under s. 120.54(3)(c)2. Such rules shall |
| 2247 | become effective only after they have been submitted to the |
| 2248 | President of the Senate and the Speaker of the House of |
| 2249 | Representatives for review by the Legislature no later than 30 |
| 2250 | days prior to the next regular session of the Legislature. In |
| 2251 | its review the Legislature may reject, modify, or take no action |
| 2252 | relative to the rules. The agency shall conform the rules to the |
| 2253 | changes made by the Legislature, or, if no action was taken, the |
| 2254 | agency rules shall become effective. The rule shall include |
| 2255 | criteria for determining whether: |
| 2256 | (a) Proposed elements are in compliance with the |
| 2257 | requirements of part II, as amended by this act. |
| 2258 | (b) Other elements of the comprehensive plan are related |
| 2259 | to and consistent with each other. |
| 2260 | (c) The local government comprehensive plan elements are |
| 2261 | consistent with the state comprehensive plan and the appropriate |
| 2262 | regional policy plan pursuant to s. 186.508. |
| 2263 | (d) Certain bays, estuaries, and harbors that fall under |
| 2264 | the jurisdiction of more than one local government are managed |
| 2265 | in a consistent and coordinated manner in the case of local |
| 2266 | governments required to include a coastal management element in |
| 2267 | their comprehensive plans pursuant to paragraph (6)(g). |
| 2268 | (e) Proposed elements identify the mechanisms and |
| 2269 | procedures for monitoring, evaluating, and appraising |
| 2270 | implementation of the plan. Specific measurable objectives are |
| 2271 | included to provide a basis for evaluating effectiveness as |
| 2272 | required by s. 163.3191. |
| 2273 | (f) Proposed elements contain policies to guide future |
| 2274 | decisions in a consistent manner. |
| 2275 | (g) Proposed elements contain programs and activities to |
| 2276 | ensure that comprehensive plans are implemented. |
| 2277 | (h) Proposed elements identify the need for and the |
| 2278 | processes and procedures to ensure coordination of all |
| 2279 | development activities and services with other units of local |
| 2280 | government, regional planning agencies, water management |
| 2281 | districts, and state and federal agencies as appropriate. |
| 2282 |
|
| 2283 | The state land planning agency may adopt procedural rules that |
| 2284 | are consistent with this section and chapter 120 for the review |
| 2285 | of local government comprehensive plan elements required under |
| 2286 | this section. The state land planning agency shall provide model |
| 2287 | plans and ordinances and, upon request, other assistance to |
| 2288 | local governments in the adoption and implementation of their |
| 2289 | revised local government comprehensive plans. The review and |
| 2290 | comment provisions applicable prior to October 1, 1985, shall |
| 2291 | continue in effect until the criteria for review and |
| 2292 | determination are adopted pursuant to this subsection and the |
| 2293 | comprehensive plans required by s. 163.3167(2) are due. |
| 2294 | (10) The Legislature recognizes the importance and |
| 2295 | significance of chapter 9J-5, Florida Administrative Code, the |
| 2296 | Minimum Criteria for Review of Local Government Comprehensive |
| 2297 | Plans and Determination of Compliance of the Department of |
| 2298 | Community Affairs that will be used to determine compliance of |
| 2299 | local comprehensive plans. The Legislature reserved unto itself |
| 2300 | the right to review chapter 9J-5, Florida Administrative Code, |
| 2301 | and to reject, modify, or take no action relative to this rule. |
| 2302 | Therefore, pursuant to subsection (9), the Legislature hereby |
| 2303 | has reviewed chapter 9J-5, Florida Administrative Code, and |
| 2304 | expresses the following legislative intent: |
| 2305 | (a) The Legislature finds that in order for the department |
| 2306 | to review local comprehensive plans, it is necessary to define |
| 2307 | the term "consistency." Therefore, for the purpose of |
| 2308 | determining whether local comprehensive plans are consistent |
| 2309 | with the state comprehensive plan and the appropriate regional |
| 2310 | policy plan, a local plan shall be consistent with such plans if |
| 2311 | the local plan is "compatible with" and "furthers" such plans. |
| 2312 | The term "compatible with" means that the local plan is not in |
| 2313 | conflict with the state comprehensive plan or appropriate |
| 2314 | regional policy plan. The term "furthers" means to take action |
| 2315 | in the direction of realizing goals or policies of the state or |
| 2316 | regional plan. For the purposes of determining consistency of |
| 2317 | the local plan with the state comprehensive plan or the |
| 2318 | appropriate regional policy plan, the state or regional plan |
| 2319 | shall be construed as a whole and no specific goal and policy |
| 2320 | shall be construed or applied in isolation from the other goals |
| 2321 | and policies in the plans. |
| 2322 | (b) Each local government shall review all the state |
| 2323 | comprehensive plan goals and policies and shall address in its |
| 2324 | comprehensive plan the goals and policies which are relevant to |
| 2325 | the circumstances or conditions in its jurisdiction. The |
| 2326 | decision regarding which particular state comprehensive plan |
| 2327 | goals and policies will be furthered by the expenditure of a |
| 2328 | local government's financial resources in any given year is a |
| 2329 | decision which rests solely within the discretion of the local |
| 2330 | government. Intergovernmental coordination, as set forth in |
| 2331 | paragraph (6)(h), shall be utilized to the extent required to |
| 2332 | carry out the provisions of chapter 9J-5, Florida Administrative |
| 2333 | Code. |
| 2334 | (c) The Legislature declares that if any portion of |
| 2335 | chapter 9J-5, Florida Administrative Code, is found to be in |
| 2336 | conflict with this part, the appropriate statutory provision |
| 2337 | shall prevail. |
| 2338 | (d) Chapter 9J-5, Florida Administrative Code, does not |
| 2339 | mandate the creation, limitation, or elimination of regulatory |
| 2340 | authority, nor does it authorize the adoption or require the |
| 2341 | repeal of any rules, criteria, or standards of any local, |
| 2342 | regional, or state agency. |
| 2343 | (e) It is the Legislature's intent that support data or |
| 2344 | summaries thereof shall not be subject to the compliance review |
| 2345 | process, but the Legislature intends that goals and policies be |
| 2346 | clearly based on appropriate data. The department may utilize |
| 2347 | support data or summaries thereof to aid in its determination of |
| 2348 | compliance and consistency. The Legislature intends that the |
| 2349 | department may evaluate the application of a methodology |
| 2350 | utilized in data collection or whether a particular methodology |
| 2351 | is professionally accepted. However, the department shall not |
| 2352 | evaluate whether one accepted methodology is better than |
| 2353 | another. Chapter 9J-5, Florida Administrative Code, shall not be |
| 2354 | construed to require original data collection by local |
| 2355 | governments; however, Local governments are not to be |
| 2356 | discouraged from utilizing original data so long as |
| 2357 | methodologies are professionally accepted. |
| 2358 | (f) The Legislature recognizes that under this section, |
| 2359 | local governments are charged with setting levels of service for |
| 2360 | public facilities in their comprehensive plans in accordance |
| 2361 | with which development orders and permits will be issued |
| 2362 | pursuant to s. 163.3202(2)(g). Nothing herein shall supersede |
| 2363 | the authority of state, regional, or local agencies as otherwise |
| 2364 | provided by law. |
| 2365 | (g) Definitions contained in chapter 9J-5, Florida |
| 2366 | Administrative Code, are not intended to modify or amend the |
| 2367 | definitions utilized for purposes of other programs or rules or |
| 2368 | to establish or limit regulatory authority. Local governments |
| 2369 | may establish alternative definitions in local comprehensive |
| 2370 | plans, as long as such definitions accomplish the intent of this |
| 2371 | chapter, and chapter 9J-5, Florida Administrative Code. |
| 2372 | (h) It is the intent of the Legislature that public |
| 2373 | facilities and services needed to support development shall be |
| 2374 | available concurrent with the impacts of such development in |
| 2375 | accordance with s. 163.3180. In meeting this intent, public |
| 2376 | facility and service availability shall be deemed sufficient if |
| 2377 | the public facilities and services for a development are phased, |
| 2378 | or the development is phased, so that the public facilities and |
| 2379 | those related services which are deemed necessary by the local |
| 2380 | government to operate the facilities necessitated by that |
| 2381 | development are available concurrent with the impacts of the |
| 2382 | development. The public facilities and services, unless already |
| 2383 | available, are to be consistent with the capital improvements |
| 2384 | element of the local comprehensive plan as required by paragraph |
| 2385 | (3)(a) or guaranteed in an enforceable development agreement. |
| 2386 | This shall include development agreements pursuant to this |
| 2387 | chapter or in an agreement or a development order issued |
| 2388 | pursuant to chapter 380. Nothing herein shall be construed to |
| 2389 | require a local government to address services in its capital |
| 2390 | improvements plan or to limit a local government's ability to |
| 2391 | address any service in its capital improvements plan that it |
| 2392 | deems necessary. |
| 2393 | (i) The department shall take into account the factors |
| 2394 | delineated in rule 9J-5.002(2), Florida Administrative Code, as |
| 2395 | it provides assistance to local governments and applies the rule |
| 2396 | in specific situations with regard to the detail of the data and |
| 2397 | analysis required. |
| 2398 | (j) Chapter 9J-5, Florida Administrative Code, has become |
| 2399 | effective pursuant to subsection (9). The Legislature hereby |
| 2400 | directs the department to adopt amendments as necessary which |
| 2401 | conform chapter 9J-5, Florida Administrative Code, with the |
| 2402 | requirements of this legislative intent by October 1, 1986. |
| 2403 | (k) In order for local governments to prepare and adopt |
| 2404 | comprehensive plans with knowledge of the rules that are applied |
| 2405 | to determine consistency of the plans with this part, there |
| 2406 | should be no doubt as to the legal standing of chapter 9J-5, |
| 2407 | Florida Administrative Code, at the close of the 1986 |
| 2408 | legislative session. Therefore, the Legislature declares that |
| 2409 | changes made to chapter 9J-5 before October 1, 1986, are not |
| 2410 | subject to rule challenges under s. 120.56(2), or to drawout |
| 2411 | proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5, |
| 2412 | Florida Administrative Code, as amended, is subject to rule |
| 2413 | challenges under s. 120.56(3), as nothing herein indicates |
| 2414 | approval or disapproval of any portion of chapter 9J-5 not |
| 2415 | specifically addressed herein. Any amendments to chapter 9J-5, |
| 2416 | Florida Administrative Code, exclusive of the amendments adopted |
| 2417 | prior to October 1, 1986, pursuant to this act, shall be subject |
| 2418 | to the full chapter 120 process. All amendments shall have |
| 2419 | effective dates as provided in chapter 120 and submission to the |
| 2420 | President of the Senate and Speaker of the House of |
| 2421 | Representatives shall not be required. |
| 2422 | (l) The state land planning agency shall consider land use |
| 2423 | compatibility issues in the vicinity of all airports in |
| 2424 | coordination with the Department of Transportation and adjacent |
| 2425 | to or in close proximity to all military installations in |
| 2426 | coordination with the Department of Defense. |
| 2427 | (11)(a) The Legislature recognizes the need for innovative |
| 2428 | planning and development strategies which will address the |
| 2429 | anticipated demands of continued urbanization of Florida's |
| 2430 | coastal and other environmentally sensitive areas, and which |
| 2431 | will accommodate the development of less populated regions of |
| 2432 | the state which seek economic development and which have |
| 2433 | suitable land and water resources to accommodate growth in an |
| 2434 | environmentally acceptable manner. The Legislature further |
| 2435 | recognizes the substantial advantages of innovative approaches |
| 2436 | to development which may better serve to protect environmentally |
| 2437 | sensitive areas, maintain the economic viability of agricultural |
| 2438 | and other predominantly rural land uses, and provide for the |
| 2439 | cost-efficient delivery of public facilities and services. |
| 2440 | (b) It is the intent of the Legislature that the local |
| 2441 | government comprehensive plans and plan amendments adopted |
| 2442 | pursuant to the provisions of this part provide for a planning |
| 2443 | process which allows for land use efficiencies within existing |
| 2444 | urban areas and which also allows for the conversion of rural |
| 2445 | lands to other uses, where appropriate and consistent with the |
| 2446 | other provisions of this part and the affected local |
| 2447 | comprehensive plans, through the application of innovative and |
| 2448 | flexible planning and development strategies and creative land |
| 2449 | use planning techniques, which may include, but not be limited |
| 2450 | to, urban villages, new towns, satellite communities, area-based |
| 2451 | allocations, clustering and open space provisions, mixed-use |
| 2452 | development, and sector planning. |
| 2453 | (c) It is the further intent of the Legislature that local |
| 2454 | government comprehensive plans and implementing land development |
| 2455 | regulations shall provide strategies which maximize the use of |
| 2456 | existing facilities and services through redevelopment, urban |
| 2457 | infill development, and other strategies for urban |
| 2458 | revitalization. |
| 2459 | (d)1. The department, in cooperation with the Department |
| 2460 | of Agriculture and Consumer Services, the Department of |
| 2461 | Environmental Protection, water management districts, and |
| 2462 | regional planning councils, shall provide assistance to local |
| 2463 | governments in the implementation of this paragraph and rule 9J- |
| 2464 | 5.006(5)(l), Florida Administrative Code. Implementation of |
| 2465 | those provisions shall include a process by which the department |
| 2466 | may authorize local governments to designate all or portions of |
| 2467 | lands classified in the future land use element as predominantly |
| 2468 | agricultural, rural, open, open-rural, or a substantively |
| 2469 | equivalent land use, as a rural land stewardship area within |
| 2470 | which planning and economic incentives are applied to encourage |
| 2471 | the implementation of innovative and flexible planning and |
| 2472 | development strategies and creative land use planning |
| 2473 | techniques, including those contained herein and in rule 9J- |
| 2474 | 5.006(5)(l), Florida Administrative Code. Assistance may |
| 2475 | include, but is not limited to: |
| 2476 | a. Assistance from the Department of Environmental |
| 2477 | Protection and water management districts in creating the |
| 2478 | geographic information systems land cover database and aerial |
| 2479 | photogrammetry needed to prepare for a rural land stewardship |
| 2480 | area; |
| 2481 | b. Support for local government implementation of rural |
| 2482 | land stewardship concepts by providing information and |
| 2483 | assistance to local governments regarding land acquisition |
| 2484 | programs that may be used by the local government or landowners |
| 2485 | to leverage the protection of greater acreage and maximize the |
| 2486 | effectiveness of rural land stewardship areas; and |
| 2487 | c. Expansion of the role of the Department of Community |
| 2488 | Affairs as a resource agency to facilitate establishment of |
| 2489 | rural land stewardship areas in smaller rural counties that do |
| 2490 | not have the staff or planning budgets to create a rural land |
| 2491 | stewardship area. |
| 2492 | 2. The department shall encourage participation by local |
| 2493 | governments of different sizes and rural characteristics in |
| 2494 | establishing and implementing rural land stewardship areas. It |
| 2495 | is the intent of the Legislature that rural land stewardship |
| 2496 | areas be used to further the following broad principles of rural |
| 2497 | sustainability: restoration and maintenance of the economic |
| 2498 | value of rural land; control of urban sprawl; identification and |
| 2499 | protection of ecosystems, habitats, and natural resources; |
| 2500 | promotion of rural economic activity; maintenance of the |
| 2501 | viability of Florida's agricultural economy; and protection of |
| 2502 | the character of rural areas of Florida. Rural land stewardship |
| 2503 | areas may be multicounty in order to encourage coordinated |
| 2504 | regional stewardship planning. |
| 2505 | 3. A local government, in conjunction with a regional |
| 2506 | planning council, a stakeholder organization of private land |
| 2507 | owners, or another local government, shall notify the department |
| 2508 | in writing of its intent to designate a rural land stewardship |
| 2509 | area. The written notification shall describe the basis for the |
| 2510 | designation, including the extent to which the rural land |
| 2511 | stewardship area enhances rural land values, controls urban |
| 2512 | sprawl, provides necessary open space for agriculture and |
| 2513 | protection of the natural environment, promotes rural economic |
| 2514 | activity, and maintains rural character and the economic |
| 2515 | viability of agriculture. |
| 2516 | 4. A rural land stewardship area shall be not less than |
| 2517 | 10,000 acres and shall be located outside of municipalities and |
| 2518 | established urban growth boundaries, and shall be designated by |
| 2519 | plan amendment. The plan amendment designating a rural land |
| 2520 | stewardship area shall be subject to review by the Department of |
| 2521 | Community Affairs pursuant to s. 163.3184 and shall provide for |
| 2522 | the following: |
| 2523 | a. Criteria for the designation of receiving areas within |
| 2524 | rural land stewardship areas in which innovative planning and |
| 2525 | development strategies may be applied. Criteria shall at a |
| 2526 | minimum provide for the following: adequacy of suitable land to |
| 2527 | accommodate development so as to avoid conflict with |
| 2528 | environmentally sensitive areas, resources, and habitats; |
| 2529 | compatibility between and transition from higher density uses to |
| 2530 | lower intensity rural uses; the establishment of receiving area |
| 2531 | service boundaries which provide for a separation between |
| 2532 | receiving areas and other land uses within the rural land |
| 2533 | stewardship area through limitations on the extension of |
| 2534 | services; and connection of receiving areas with the rest of the |
| 2535 | rural land stewardship area using rural design and rural road |
| 2536 | corridors. |
| 2537 | b. Goals, objectives, and policies setting forth the |
| 2538 | innovative planning and development strategies to be applied |
| 2539 | within rural land stewardship areas pursuant to the provisions |
| 2540 | of this section. |
| 2541 | c. A process for the implementation of innovative planning |
| 2542 | and development strategies within the rural land stewardship |
| 2543 | area, including those described in this subsection and rule 9J- |
| 2544 | 5.006(5)(l), Florida Administrative Code, which provide for a |
| 2545 | functional mix of land uses, including adequate available |
| 2546 | workforce housing, including low, very-low and moderate income |
| 2547 | housing for the development anticipated in the receiving area |
| 2548 | and which are applied through the adoption by the local |
| 2549 | government of zoning and land development regulations applicable |
| 2550 | to the rural land stewardship area. |
| 2551 | d. A process which encourages visioning pursuant to s. |
| 2552 | 163.3167(11) to ensure that innovative planning and development |
| 2553 | strategies comply with the provisions of this section. |
| 2554 | e. The control of sprawl through the use of innovative |
| 2555 | strategies and creative land use techniques consistent with the |
| 2556 | provisions of this subsection and rule 9J-5.006(5)(l), Florida |
| 2557 | Administrative Code. |
| 2558 | 5. A receiving area shall be designated by the adoption of |
| 2559 | a land development regulation. Prior to the designation of a |
| 2560 | receiving area, the local government shall provide the |
| 2561 | Department of Community Affairs a period of 30 days in which to |
| 2562 | review a proposed receiving area for consistency with the rural |
| 2563 | land stewardship area plan amendment and to provide comments to |
| 2564 | the local government. At the time of designation of a |
| 2565 | stewardship receiving area, a listed species survey will be |
| 2566 | performed. If listed species occur on the receiving area site, |
| 2567 | the developer shall coordinate with each appropriate local, |
| 2568 | state, or federal agency to determine if adequate provisions |
| 2569 | have been made to protect those species in accordance with |
| 2570 | applicable regulations. In determining the adequacy of |
| 2571 | provisions for the protection of listed species and their |
| 2572 | habitats, the rural land stewardship area shall be considered as |
| 2573 | a whole, and the impacts to areas to be developed as receiving |
| 2574 | areas shall be considered together with the environmental |
| 2575 | benefits of areas protected as sending areas in fulfilling this |
| 2576 | criteria. |
| 2577 | 6. Upon the adoption of a plan amendment creating a rural |
| 2578 | land stewardship area, the local government shall, by ordinance, |
| 2579 | establish the methodology for the creation, conveyance, and use |
| 2580 | of transferable rural land use credits, otherwise referred to as |
| 2581 | stewardship credits, the application of which shall not |
| 2582 | constitute a right to develop land, nor increase density of |
| 2583 | land, except as provided by this section. The total amount of |
| 2584 | transferable rural land use credits within the rural land |
| 2585 | stewardship area must enable the realization of the long-term |
| 2586 | vision and goals for the 25-year or greater projected population |
| 2587 | of the rural land stewardship area, which may take into |
| 2588 | consideration the anticipated effect of the proposed receiving |
| 2589 | areas. Transferable rural land use credits are subject to the |
| 2590 | following limitations: |
| 2591 | a. Transferable rural land use credits may only exist |
| 2592 | within a rural land stewardship area. |
| 2593 | b. Transferable rural land use credits may only be used on |
| 2594 | lands designated as receiving areas and then solely for the |
| 2595 | purpose of implementing innovative planning and development |
| 2596 | strategies and creative land use planning techniques adopted by |
| 2597 | the local government pursuant to this section. |
| 2598 | c. Transferable rural land use credits assigned to a |
| 2599 | parcel of land within a rural land stewardship area shall cease |
| 2600 | to exist if the parcel of land is removed from the rural land |
| 2601 | stewardship area by plan amendment. |
| 2602 | d. Neither the creation of the rural land stewardship area |
| 2603 | by plan amendment nor the assignment of transferable rural land |
| 2604 | use credits by the local government shall operate to displace |
| 2605 | the underlying density of land uses assigned to a parcel of land |
| 2606 | within the rural land stewardship area; however, if transferable |
| 2607 | rural land use credits are transferred from a parcel for use |
| 2608 | within a designated receiving area, the underlying density |
| 2609 | assigned to the parcel of land shall cease to exist. |
| 2610 | e. The underlying density on each parcel of land located |
| 2611 | within a rural land stewardship area shall not be increased or |
| 2612 | decreased by the local government, except as a result of the |
| 2613 | conveyance or use of transferable rural land use credits, as |
| 2614 | long as the parcel remains within the rural land stewardship |
| 2615 | area. |
| 2616 | f. Transferable rural land use credits shall cease to |
| 2617 | exist on a parcel of land where the underlying density assigned |
| 2618 | to the parcel of land is utilized. |
| 2619 | g. An increase in the density of use on a parcel of land |
| 2620 | located within a designated receiving area may occur only |
| 2621 | through the assignment or use of transferable rural land use |
| 2622 | credits and shall not require a plan amendment. |
| 2623 | h. A change in the density of land use on parcels located |
| 2624 | within receiving areas shall be specified in a development order |
| 2625 | which reflects the total number of transferable rural land use |
| 2626 | credits assigned to the parcel of land and the infrastructure |
| 2627 | and support services necessary to provide for a functional mix |
| 2628 | of land uses corresponding to the plan of development. |
| 2629 | i. Land within a rural land stewardship area may be |
| 2630 | removed from the rural land stewardship area through a plan |
| 2631 | amendment. |
| 2632 | j. Transferable rural land use credits may be assigned at |
| 2633 | different ratios of credits per acre according to the natural |
| 2634 | resource or other beneficial use characteristics of the land and |
| 2635 | according to the land use remaining following the transfer of |
| 2636 | credits, with the highest number of credits per acre assigned to |
| 2637 | the most environmentally valuable land or, in locations where |
| 2638 | the retention of open space and agricultural land is a priority, |
| 2639 | to such lands. |
| 2640 | k. The use or conveyance of transferable rural land use |
| 2641 | credits must be recorded in the public records of the county in |
| 2642 | which the property is located as a covenant or restrictive |
| 2643 | easement running with the land in favor of the county and either |
| 2644 | the Department of Environmental Protection, Department of |
| 2645 | Agriculture and Consumer Services, a water management district, |
| 2646 | or a recognized statewide land trust. |
| 2647 | 7. Owners of land within rural land stewardship areas |
| 2648 | should be provided incentives to enter into rural land |
| 2649 | stewardship agreements, pursuant to existing law and rules |
| 2650 | adopted thereto, with state agencies, water management |
| 2651 | districts, and local governments to achieve mutually agreed upon |
| 2652 | conservation objectives. Such incentives may include, but not be |
| 2653 | limited to, the following: |
| 2654 | a. Opportunity to accumulate transferable mitigation |
| 2655 | credits. |
| 2656 | b. Extended permit agreements. |
| 2657 | c. Opportunities for recreational leases and ecotourism. |
| 2658 | d. Payment for specified land management services on |
| 2659 | publicly owned land, or property under covenant or restricted |
| 2660 | easement in favor of a public entity. |
| 2661 | e. Option agreements for sale to public entities or |
| 2662 | private land conservation entities, in either fee or easement, |
| 2663 | upon achievement of conservation objectives. |
| 2664 | 8. The department shall report to the Legislature on an |
| 2665 | annual basis on the results of implementation of rural land |
| 2666 | stewardship areas authorized by the department, including |
| 2667 | successes and failures in achieving the intent of the |
| 2668 | Legislature as expressed in this paragraph. |
| 2669 | (e) The Legislature finds that mixed-use, high-density |
| 2670 | development is appropriate for urban infill and redevelopment |
| 2671 | areas. Mixed-use projects accommodate a variety of uses, |
| 2672 | including residential and commercial, and usually at higher |
| 2673 | densities that promote pedestrian-friendly, sustainable |
| 2674 | communities. The Legislature recognizes that mixed-use, high- |
| 2675 | density development improves the quality of life for residents |
| 2676 | and businesses in urban areas. The Legislature finds that mixed- |
| 2677 | use, high-density redevelopment and infill benefits residents by |
| 2678 | creating a livable community with alternative modes of |
| 2679 | transportation. Furthermore, the Legislature finds that local |
| 2680 | zoning ordinances often discourage mixed-use, high-density |
| 2681 | development in areas that are appropriate for urban infill and |
| 2682 | redevelopment. The Legislature intends to discourage single-use |
| 2683 | zoning in urban areas which often leads to lower-density, land- |
| 2684 | intensive development outside an urban service area. Therefore, |
| 2685 | the Department of Community Affairs shall provide technical |
| 2686 | assistance to local governments in order to encourage mixed-use, |
| 2687 | high-density urban infill and redevelopment projects. |
| 2688 | (f) The Legislature finds that a program for the transfer |
| 2689 | of development rights is a useful tool to preserve historic |
| 2690 | buildings and create public open spaces in urban areas. A |
| 2691 | program for the transfer of development rights allows the |
| 2692 | transfer of density credits from historic properties and public |
| 2693 | open spaces to areas designated for high-density development. |
| 2694 | The Legislature recognizes that high-density development is |
| 2695 | integral to the success of many urban infill and redevelopment |
| 2696 | projects. The Legislature intends to encourage high-density |
| 2697 | urban infill and redevelopment while preserving historic |
| 2698 | structures and open spaces. Therefore, the Department of |
| 2699 | Community Affairs shall provide technical assistance to local |
| 2700 | governments in order to promote the transfer of development |
| 2701 | rights within urban areas for high-density infill and |
| 2702 | redevelopment projects. |
| 2703 | (g) The implementation of this subsection shall be subject |
| 2704 | to the provisions of this chapter, chapters 186 and 187, and |
| 2705 | applicable agency rules. |
| 2706 | (h) The department may adopt rules necessary to implement |
| 2707 | the provisions of this subsection. |
| 2708 | (12) A public school facilities element adopted to |
| 2709 | implement a school concurrency program shall meet the |
| 2710 | requirements of this subsection. Each county and each |
| 2711 | municipality within the county, unless exempt or subject to a |
| 2712 | waiver, must adopt a public school facilities element that is |
| 2713 | consistent with those adopted by the other local governments |
| 2714 | within the county and enter the interlocal agreement pursuant to |
| 2715 | s. 163.31777. |
| 2716 | (a) The state land planning agency may provide a waiver to |
| 2717 | a county and to the municipalities within the county if the |
| 2718 | capacity rate for all schools within the school district is no |
| 2719 | greater than 100 percent and the projected 5-year capital outlay |
| 2720 | full-time equivalent student growth rate is less than 10 |
| 2721 | percent. The state land planning agency may allow for a |
| 2722 | projected 5-year capital outlay full-time equivalent student |
| 2723 | growth rate to exceed 10 percent when the projected 10-year |
| 2724 | capital outlay full-time equivalent student enrollment is less |
| 2725 | than 2,000 students and the capacity rate for all schools within |
| 2726 | the school district in the tenth year will not exceed the 100- |
| 2727 | percent limitation. The state land planning agency may allow for |
| 2728 | a single school to exceed the 100-percent limitation if it can |
| 2729 | be demonstrated that the capacity rate for that single school is |
| 2730 | not greater than 105 percent. In making this determination, the |
| 2731 | state land planning agency shall consider the following |
| 2732 | criteria: |
| 2733 | 1. Whether the exceedance is due to temporary |
| 2734 | circumstances; |
| 2735 | 2. Whether the projected 5-year capital outlay full time |
| 2736 | equivalent student growth rate for the school district is |
| 2737 | approaching the 10-percent threshold; |
| 2738 | 3. Whether one or more additional schools within the |
| 2739 | school district are at or approaching the 100-percent threshold; |
| 2740 | and |
| 2741 | 4. The adequacy of the data and analysis submitted to |
| 2742 | support the waiver request. |
| 2743 | (b) A municipality in a nonexempt county is exempt if the |
| 2744 | municipality meets all of the following criteria for having no |
| 2745 | significant impact on school attendance: |
| 2746 | 1. The municipality has issued development orders for |
| 2747 | fewer than 50 residential dwelling units during the preceding 5 |
| 2748 | years, or the municipality has generated fewer than 25 |
| 2749 | additional public school students during the preceding 5 years. |
| 2750 | 2. The municipality has not annexed new land during the |
| 2751 | preceding 5 years in land use categories that permit residential |
| 2752 | uses that will affect school attendance rates. |
| 2753 | 3. The municipality has no public schools located within |
| 2754 | its boundaries. |
| 2755 | (c) A public school facilities element shall be based upon |
| 2756 | data and analyses that address, among other items, how level-of- |
| 2757 | service standards will be achieved and maintained. Such data and |
| 2758 | analyses must include, at a minimum, such items as: the |
| 2759 | interlocal agreement adopted pursuant to s. 163.31777 and the 5- |
| 2760 | year school district facilities work program adopted pursuant to |
| 2761 | s. 1013.35; the educational plant survey prepared pursuant to s. |
| 2762 | 1013.31 and an existing educational and ancillary plant map or |
| 2763 | map series; information on existing development and development |
| 2764 | anticipated for the next 5 years and the long-term planning |
| 2765 | period; an analysis of problems and opportunities for existing |
| 2766 | schools and schools anticipated in the future; an analysis of |
| 2767 | opportunities to collocate future schools with other public |
| 2768 | facilities such as parks, libraries, and community centers; an |
| 2769 | analysis of the need for supporting public facilities for |
| 2770 | existing and future schools; an analysis of opportunities to |
| 2771 | locate schools to serve as community focal points; projected |
| 2772 | future population and associated demographics, including |
| 2773 | development patterns year by year for the upcoming 5-year and |
| 2774 | long-term planning periods; and anticipated educational and |
| 2775 | ancillary plants with land area requirements. |
| 2776 | (d) The element shall contain one or more goals which |
| 2777 | establish the long-term end toward which public school programs |
| 2778 | and activities are ultimately directed. |
| 2779 | (e) The element shall contain one or more objectives for |
| 2780 | each goal, setting specific, measurable, intermediate ends that |
| 2781 | are achievable and mark progress toward the goal. |
| 2782 | (f) The element shall contain one or more policies for |
| 2783 | each objective which establish the way in which programs and |
| 2784 | activities will be conducted to achieve an identified goal. |
| 2785 | (g) The objectives and policies shall address items such |
| 2786 | as: |
| 2787 | 1. The procedure for an annual update process; |
| 2788 | 2. The procedure for school site selection; |
| 2789 | 3. The procedure for school permitting; |
| 2790 | 4. Provision for infrastructure necessary to support |
| 2791 | proposed schools, including potable water, wastewater, drainage, |
| 2792 | solid waste, transportation, and means by which to assure safe |
| 2793 | access to schools, including sidewalks, bicycle paths, turn |
| 2794 | lanes, and signalization; |
| 2795 | 5. Provision for colocation of other public facilities, |
| 2796 | such as parks, libraries, and community centers, in proximity to |
| 2797 | public schools; |
| 2798 | 6. Provision for location of schools proximate to |
| 2799 | residential areas and to complement patterns of development, |
| 2800 | including the location of future school sites so they serve as |
| 2801 | community focal points; |
| 2802 | 7. Measures to ensure compatibility of school sites and |
| 2803 | surrounding land uses; |
| 2804 | 8. Coordination with adjacent local governments and the |
| 2805 | school district on emergency preparedness issues, including the |
| 2806 | use of public schools to serve as emergency shelters; and |
| 2807 | 9. Coordination with the future land use element. |
| 2808 | (h) The element shall include one or more future |
| 2809 | conditions maps which depict the anticipated location of |
| 2810 | educational and ancillary plants, including the general location |
| 2811 | of improvements to existing schools or new schools anticipated |
| 2812 | over the 5-year or long-term planning period. The maps will of |
| 2813 | necessity be general for the long-term planning period and more |
| 2814 | specific for the 5-year period. Maps indicating general |
| 2815 | locations of future schools or school improvements may not |
| 2816 | prescribe a land use on a particular parcel of land. |
| 2817 | (i) The state land planning agency shall establish a |
| 2818 | phased schedule for adoption of the public school facilities |
| 2819 | element and the required updates to the public schools |
| 2820 | interlocal agreement pursuant to s. 163.31777. The schedule |
| 2821 | shall provide for each county and local government within the |
| 2822 | county to adopt the element and update to the agreement no later |
| 2823 | than December 1, 2008. Plan amendments to adopt a public school |
| 2824 | facilities element are exempt from the provisions of s. |
| 2825 | 163.3187(1). |
| 2826 | (j) The state land planning agency may issue a notice to |
| 2827 | the school board and the local government to show cause why |
| 2828 | sanctions should not be enforced for failure to enter into an |
| 2829 | approved interlocal agreement as required by s. 163.31777 or for |
| 2830 | failure to implement provisions relating to public school |
| 2831 | concurrency. If the state land planning agency finds that |
| 2832 | insufficient cause exists for the school board's or local |
| 2833 | government's failure to enter into an approved interlocal |
| 2834 | agreement as required by s. 163.31777 or for the school board's |
| 2835 | or local government's failure to implement the provisions |
| 2836 | relating to public school concurrency, the state land planning |
| 2837 | agency shall submit its finding to the Administration Commission |
| 2838 | which may impose on the local government any of the sanctions |
| 2839 | set forth in s. 163.3184(11)(a) and (b) and may impose on the |
| 2840 | district school board any of the sanctions set forth in s. |
| 2841 | 1008.32(4). |
| 2842 | (13) Local governments are encouraged to develop a |
| 2843 | community vision that provides for sustainable growth, |
| 2844 | recognizes its fiscal constraints, and protects its natural |
| 2845 | resources. At the request of a local government, the applicable |
| 2846 | regional planning council shall provide assistance in the |
| 2847 | development of a community vision. |
| 2848 | (a) As part of the process of developing a community |
| 2849 | vision under this section, the local government must hold two |
| 2850 | public meetings with at least one of those meetings before the |
| 2851 | local planning agency. Before those public meetings, the local |
| 2852 | government must hold at least one public workshop with |
| 2853 | stakeholder groups such as neighborhood associations, community |
| 2854 | organizations, businesses, private property owners, housing and |
| 2855 | development interests, and environmental organizations. |
| 2856 | (b) The local government must, at a minimum, discuss five |
| 2857 | of the following topics as part of the workshops and public |
| 2858 | meetings required under paragraph (a): |
| 2859 | 1. Future growth in the area using population forecasts |
| 2860 | from the Bureau of Economic and Business Research; |
| 2861 | 2. Priorities for economic development; |
| 2862 | 3. Preservation of open space, environmentally sensitive |
| 2863 | lands, and agricultural lands; |
| 2864 | 4. Appropriate areas and standards for mixed-use |
| 2865 | development; |
| 2866 | 5. Appropriate areas and standards for high-density |
| 2867 | commercial and residential development; |
| 2868 | 6. Appropriate areas and standards for economic |
| 2869 | development opportunities and employment centers; |
| 2870 | 7. Provisions for adequate workforce housing; |
| 2871 | 8. An efficient, interconnected multimodal transportation |
| 2872 | system; and |
| 2873 | 9. Opportunities to create land use patterns that |
| 2874 | accommodate the issues listed in subparagraphs 1.-8. |
| 2875 | (c) As part of the workshops and public meetings, the |
| 2876 | local government must discuss strategies for addressing the |
| 2877 | topics discussed under paragraph (b), including: |
| 2878 | 1. Strategies to preserve open space and environmentally |
| 2879 | sensitive lands, and to encourage a healthy agricultural |
| 2880 | economy, including innovative planning and development |
| 2881 | strategies, such as the transfer of development rights; |
| 2882 | 2. Incentives for mixed-use development, including |
| 2883 | increased height and intensity standards for buildings that |
| 2884 | provide residential use in combination with office or commercial |
| 2885 | space; |
| 2886 | 3. Incentives for workforce housing; |
| 2887 | 4. Designation of an urban service boundary pursuant to |
| 2888 | subsection (2); and |
| 2889 | 5. Strategies to provide mobility within the community and |
| 2890 | to protect the Strategic Intermodal System, including the |
| 2891 | development of a transportation corridor management plan under |
| 2892 | s. 337.273. |
| 2893 | (d) The community vision must reflect the community's |
| 2894 | shared concept for growth and development of the community, |
| 2895 | including visual representations depicting the desired land use |
| 2896 | patterns and character of the community during a 10-year |
| 2897 | planning timeframe. The community vision must also take into |
| 2898 | consideration economic viability of the vision and private |
| 2899 | property interests. |
| 2900 | (e) After the workshops and public meetings required under |
| 2901 | paragraph (a) are held, the local government may amend its |
| 2902 | comprehensive plan to include the community vision as a |
| 2903 | component in the plan. This plan amendment must be transmitted |
| 2904 | and adopted pursuant to the procedures in ss. 163.3184 and |
| 2905 | 163.3189 at public hearings of the governing body other than |
| 2906 | those identified in paragraph (a). |
| 2907 | (f) Amendments submitted under this subsection are exempt |
| 2908 | from the limitation on the frequency of plan amendments in s. |
| 2909 | 163.3187. |
| 2910 | (g) A local government that has developed a community |
| 2911 | vision or completed a visioning process after July 1, 2000, and |
| 2912 | before July 1, 2005, which substantially accomplishes the goals |
| 2913 | set forth in this subsection and the appropriate goals, |
| 2914 | policies, or objectives have been adopted as part of the |
| 2915 | comprehensive plan or reflected in subsequently adopted land |
| 2916 | development regulations and the plan amendment incorporating the |
| 2917 | community vision as a component has been found in compliance is |
| 2918 | eligible for the incentives in s. 163.3184(17). |
| 2919 | (14) Local governments are also encouraged to designate an |
| 2920 | urban service boundary. This area must be appropriate for |
| 2921 | compact, contiguous urban development within a 10-year planning |
| 2922 | timeframe. The urban service area boundary must be identified on |
| 2923 | the future land use map or map series. The local government |
| 2924 | shall demonstrate that the land included within the urban |
| 2925 | service boundary is served or is planned to be served with |
| 2926 | adequate public facilities and services based on the local |
| 2927 | government's adopted level-of-service standards by adopting a |
| 2928 | 10-year facilities plan in the capital improvements element |
| 2929 | which is financially feasible. The local government shall |
| 2930 | demonstrate that the amount of land within the urban service |
| 2931 | boundary does not exceed the amount of land needed to |
| 2932 | accommodate the projected population growth at densities |
| 2933 | consistent with the adopted comprehensive plan within the 10- |
| 2934 | year planning timeframe. |
| 2935 | (a) As part of the process of establishing an urban |
| 2936 | service boundary, the local government must hold two public |
| 2937 | meetings with at least one of those meetings before the local |
| 2938 | planning agency. Before those public meetings, the local |
| 2939 | government must hold at least one public workshop with |
| 2940 | stakeholder groups such as neighborhood associations, community |
| 2941 | organizations, businesses, private property owners, housing and |
| 2942 | development interests, and environmental organizations. |
| 2943 | (b)1. After the workshops and public meetings required |
| 2944 | under paragraph (a) are held, the local government may amend its |
| 2945 | comprehensive plan to include the urban service boundary. This |
| 2946 | plan amendment must be transmitted and adopted pursuant to the |
| 2947 | procedures in ss. 163.3184 and 163.3189 at meetings of the |
| 2948 | governing body other than those required under paragraph (a). |
| 2949 | 2. This subsection does not prohibit new development |
| 2950 | outside an urban service boundary. However, a local government |
| 2951 | that establishes an urban service boundary under this subsection |
| 2952 | is encouraged to require a full-cost-accounting analysis for any |
| 2953 | new development outside the boundary and to consider the results |
| 2954 | of that analysis when adopting a plan amendment for property |
| 2955 | outside the established urban service boundary. |
| 2956 | (c) Amendments submitted under this subsection are exempt |
| 2957 | from the limitation on the frequency of plan amendments in s. |
| 2958 | 163.3187. |
| 2959 | (d) A local government that has adopted an urban service |
| 2960 | boundary before July 1, 2005, which substantially accomplishes |
| 2961 | the goals set forth in this subsection is not required to comply |
| 2962 | with paragraph (a) or subparagraph 1. of paragraph (b) in order |
| 2963 | to be eligible for the incentives under s. 163.3184(17). In |
| 2964 | order to satisfy the provisions of this paragraph, the local |
| 2965 | government must secure a determination from the state land |
| 2966 | planning agency that the urban service boundary adopted before |
| 2967 | July 1, 2005, substantially complies with the criteria of this |
| 2968 | subsection, based on data and analysis submitted by the local |
| 2969 | government to support this determination. The determination by |
| 2970 | the state land planning agency is not subject to administrative |
| 2971 | challenge. |
| 2972 | (7)(15)(a) The Legislature finds that: |
| 2973 | 1. There are a number of rural agricultural industrial |
| 2974 | centers in the state that process, produce, or aid in the |
| 2975 | production or distribution of a variety of agriculturally based |
| 2976 | products, including, but not limited to, fruits, vegetables, |
| 2977 | timber, and other crops, and juices, paper, and building |
| 2978 | materials. Rural agricultural industrial centers have a |
| 2979 | significant amount of existing associated infrastructure that is |
| 2980 | used for processing, producing, or distributing agricultural |
| 2981 | products. |
| 2982 | 2. Such rural agricultural industrial centers are often |
| 2983 | located within or near communities in which the economy is |
| 2984 | largely dependent upon agriculture and agriculturally based |
| 2985 | products. The centers significantly enhance the economy of such |
| 2986 | communities. However, these agriculturally based communities are |
| 2987 | often socioeconomically challenged and designated as rural areas |
| 2988 | of critical economic concern. If such rural agricultural |
| 2989 | industrial centers are lost and not replaced with other job- |
| 2990 | creating enterprises, the agriculturally based communities will |
| 2991 | lose a substantial amount of their economies. |
| 2992 | 3. The state has a compelling interest in preserving the |
| 2993 | viability of agriculture and protecting rural agricultural |
| 2994 | communities and the state from the economic upheaval that would |
| 2995 | result from short-term or long-term adverse changes in the |
| 2996 | agricultural economy. To protect these communities and promote |
| 2997 | viable agriculture for the long term, it is essential to |
| 2998 | encourage and permit diversification of existing rural |
| 2999 | agricultural industrial centers by providing for jobs that are |
| 3000 | not solely dependent upon, but are compatible with and |
| 3001 | complement, existing agricultural industrial operations and to |
| 3002 | encourage the creation and expansion of industries that use |
| 3003 | agricultural products in innovative ways. However, the expansion |
| 3004 | and diversification of these existing centers must be |
| 3005 | accomplished in a manner that does not promote urban sprawl into |
| 3006 | surrounding agricultural and rural areas. |
| 3007 | (b) As used in this subsection, the term "rural |
| 3008 | agricultural industrial center" means a developed parcel of land |
| 3009 | in an unincorporated area on which there exists an operating |
| 3010 | agricultural industrial facility or facilities that employ at |
| 3011 | least 200 full-time employees in the aggregate and process and |
| 3012 | prepare for transport a farm product, as defined in s. 163.3162, |
| 3013 | or any biomass material that could be used, directly or |
| 3014 | indirectly, for the production of fuel, renewable energy, |
| 3015 | bioenergy, or alternative fuel as defined by law. The center may |
| 3016 | also include land contiguous to the facility site which is not |
| 3017 | used for the cultivation of crops, but on which other existing |
| 3018 | activities essential to the operation of such facility or |
| 3019 | facilities are located or conducted. The parcel of land must be |
| 3020 | located within, or within 10 miles of, a rural area of critical |
| 3021 | economic concern. |
| 3022 | (c)1. A landowner whose land is located within a rural |
| 3023 | agricultural industrial center may apply for an amendment to the |
| 3024 | local government comprehensive plan for the purpose of |
| 3025 | designating and expanding the existing agricultural industrial |
| 3026 | uses of facilities located within the center or expanding the |
| 3027 | existing center to include industrial uses or facilities that |
| 3028 | are not dependent upon but are compatible with agriculture and |
| 3029 | the existing uses and facilities. A local government |
| 3030 | comprehensive plan amendment under this paragraph must: |
| 3031 | a. Not increase the physical area of the existing rural |
| 3032 | agricultural industrial center by more than 50 percent or 320 |
| 3033 | acres, whichever is greater. |
| 3034 | b. Propose a project that would, upon completion, create |
| 3035 | at least 50 new full-time jobs. |
| 3036 | c. Demonstrate that sufficient infrastructure capacity |
| 3037 | exists or will be provided to support the expanded center at the |
| 3038 | level-of-service standards adopted in the local government |
| 3039 | comprehensive plan. |
| 3040 | d. Contain goals, objectives, and policies that will |
| 3041 | ensure that any adverse environmental impacts of the expanded |
| 3042 | center will be adequately addressed and mitigation implemented |
| 3043 | or demonstrate that the local government comprehensive plan |
| 3044 | contains such provisions. |
| 3045 | 2. Within 6 months after receiving an application as |
| 3046 | provided in this paragraph, the local government shall transmit |
| 3047 | the application to the state land planning agency for review |
| 3048 | pursuant to this chapter together with any needed amendments to |
| 3049 | the applicable sections of its comprehensive plan to include |
| 3050 | goals, objectives, and policies that provide for the expansion |
| 3051 | of rural agricultural industrial centers and discourage urban |
| 3052 | sprawl in the surrounding areas. Such goals, objectives, and |
| 3053 | policies must promote and be consistent with the findings in |
| 3054 | this subsection. An amendment that meets the requirements of |
| 3055 | this subsection is presumed not to be urban sprawl as defined in |
| 3056 | s. 163.3164 consistent with rule 9J-5.006(5), Florida |
| 3057 | Administrative Code. This presumption may be rebutted by a |
| 3058 | preponderance of the evidence. |
| 3059 | (d) This subsection does not apply to an optional sector |
| 3060 | plan adopted pursuant to s. 163.3245, a rural land stewardship |
| 3061 | area designated pursuant to s. 163.3248 subsection (11), or any |
| 3062 | comprehensive plan amendment that includes an inland port |
| 3063 | terminal or affiliated port development. |
| 3064 | (e) Nothing in this subsection shall be construed to |
| 3065 | confer the status of rural area of critical economic concern, or |
| 3066 | any of the rights or benefits derived from such status, on any |
| 3067 | land area not otherwise designated as such pursuant to s. |
| 3068 | 288.0656(7). |
| 3069 | Section 13. Section 163.31777, Florida Statutes, is |
| 3070 | amended to read: |
| 3071 | 163.31777 Public schools interlocal agreement.- |
| 3072 | (1)(a) The county and municipalities located within the |
| 3073 | geographic area of a school district shall enter into an |
| 3074 | interlocal agreement with the district school board which |
| 3075 | jointly establishes the specific ways in which the plans and |
| 3076 | processes of the district school board and the local governments |
| 3077 | are to be coordinated. The interlocal agreements shall be |
| 3078 | submitted to the state land planning agency and the Office of |
| 3079 | Educational Facilities in accordance with a schedule published |
| 3080 | by the state land planning agency. |
| 3081 | (b) The schedule must establish staggered due dates for |
| 3082 | submission of interlocal agreements that are executed by both |
| 3083 | the local government and the district school board, commencing |
| 3084 | on March 1, 2003, and concluding by December 1, 2004, and must |
| 3085 | set the same date for all governmental entities within a school |
| 3086 | district. However, if the county where the school district is |
| 3087 | located contains more than 20 municipalities, the state land |
| 3088 | planning agency may establish staggered due dates for the |
| 3089 | submission of interlocal agreements by these municipalities. The |
| 3090 | schedule must begin with those areas where both the number of |
| 3091 | districtwide capital-outlay full-time-equivalent students equals |
| 3092 | 80 percent or more of the current year's school capacity and the |
| 3093 | projected 5-year student growth is 1,000 or greater, or where |
| 3094 | the projected 5-year student growth rate is 10 percent or |
| 3095 | greater. |
| 3096 | (c) If the student population has declined over the 5-year |
| 3097 | period preceding the due date for submittal of an interlocal |
| 3098 | agreement by the local government and the district school board, |
| 3099 | the local government and the district school board may petition |
| 3100 | the state land planning agency for a waiver of one or more |
| 3101 | requirements of subsection (2). The waiver must be granted if |
| 3102 | the procedures called for in subsection (2) are unnecessary |
| 3103 | because of the school district's declining school age |
| 3104 | population, considering the district's 5-year facilities work |
| 3105 | program prepared pursuant to s. 1013.35. The state land planning |
| 3106 | agency may modify or revoke the waiver upon a finding that the |
| 3107 | conditions upon which the waiver was granted no longer exist. |
| 3108 | The district school board and local governments must submit an |
| 3109 | interlocal agreement within 1 year after notification by the |
| 3110 | state land planning agency that the conditions for a waiver no |
| 3111 | longer exist. |
| 3112 | (d) Interlocal agreements between local governments and |
| 3113 | district school boards adopted pursuant to s. 163.3177 before |
| 3114 | the effective date of this section must be updated and executed |
| 3115 | pursuant to the requirements of this section, if necessary. |
| 3116 | Amendments to interlocal agreements adopted pursuant to this |
| 3117 | section must be submitted to the state land planning agency |
| 3118 | within 30 days after execution by the parties for review |
| 3119 | consistent with this section. Local governments and the district |
| 3120 | school board in each school district are encouraged to adopt a |
| 3121 | single interlocal agreement to which all join as parties. The |
| 3122 | state land planning agency shall assemble and make available |
| 3123 | model interlocal agreements meeting the requirements of this |
| 3124 | section and notify local governments and, jointly with the |
| 3125 | Department of Education, the district school boards of the |
| 3126 | requirements of this section, the dates for compliance, and the |
| 3127 | sanctions for noncompliance. The state land planning agency |
| 3128 | shall be available to informally review proposed interlocal |
| 3129 | agreements. If the state land planning agency has not received a |
| 3130 | proposed interlocal agreement for informal review, the state |
| 3131 | land planning agency shall, at least 60 days before the deadline |
| 3132 | for submission of the executed agreement, renotify the local |
| 3133 | government and the district school board of the upcoming |
| 3134 | deadline and the potential for sanctions. |
| 3135 | (2) At a minimum, the interlocal agreement must address |
| 3136 | interlocal-agreement requirements in s. 163.3180(13)(g), except |
| 3137 | for exempt local governments as provided in s. 163.3177(12), and |
| 3138 | must address the following issues: |
| 3139 | (a) A process by which each local government and the |
| 3140 | district school board agree and base their plans on consistent |
| 3141 | projections of the amount, type, and distribution of population |
| 3142 | growth and student enrollment. The geographic distribution of |
| 3143 | jurisdiction-wide growth forecasts is a major objective of the |
| 3144 | process. |
| 3145 | (b) A process to coordinate and share information relating |
| 3146 | to existing and planned public school facilities, including |
| 3147 | school renovations and closures, and local government plans for |
| 3148 | development and redevelopment. |
| 3149 | (c) Participation by affected local governments with the |
| 3150 | district school board in the process of evaluating potential |
| 3151 | school closures, significant renovations to existing schools, |
| 3152 | and new school site selection before land acquisition. Local |
| 3153 | governments shall advise the district school board as to the |
| 3154 | consistency of the proposed closure, renovation, or new site |
| 3155 | with the local comprehensive plan, including appropriate |
| 3156 | circumstances and criteria under which a district school board |
| 3157 | may request an amendment to the comprehensive plan for school |
| 3158 | siting. |
| 3159 | (d) A process for determining the need for and timing of |
| 3160 | onsite and offsite improvements to support new, proposed |
| 3161 | expansion, or redevelopment of existing schools. The process |
| 3162 | must address identification of the party or parties responsible |
| 3163 | for the improvements. |
| 3164 | (e) A process for the school board to inform the local |
| 3165 | government regarding the effect of comprehensive plan amendments |
| 3166 | on school capacity. The capacity reporting must be consistent |
| 3167 | with laws and rules relating to measurement of school facility |
| 3168 | capacity and must also identify how the district school board |
| 3169 | will meet the public school demand based on the facilities work |
| 3170 | program adopted pursuant to s. 1013.35. |
| 3171 | (f) Participation of the local governments in the |
| 3172 | preparation of the annual update to the district school board's |
| 3173 | 5-year district facilities work program and educational plant |
| 3174 | survey prepared pursuant to s. 1013.35. |
| 3175 | (g) A process for determining where and how joint use of |
| 3176 | either school board or local government facilities can be shared |
| 3177 | for mutual benefit and efficiency. |
| 3178 | (h) A procedure for the resolution of disputes between the |
| 3179 | district school board and local governments, which may include |
| 3180 | the dispute resolution processes contained in chapters 164 and |
| 3181 | 186. |
| 3182 | (i) An oversight process, including an opportunity for |
| 3183 | public participation, for the implementation of the interlocal |
| 3184 | agreement. |
| 3185 | (3)(a) The Office of Educational Facilities shall submit |
| 3186 | any comments or concerns regarding the executed interlocal |
| 3187 | agreement to the state land planning agency within 30 days after |
| 3188 | receipt of the executed interlocal agreement. The state land |
| 3189 | planning agency shall review the executed interlocal agreement |
| 3190 | to determine whether it is consistent with the requirements of |
| 3191 | subsection (2), the adopted local government comprehensive plan, |
| 3192 | and other requirements of law. Within 60 days after receipt of |
| 3193 | an executed interlocal agreement, the state land planning agency |
| 3194 | shall publish a notice of intent in the Florida Administrative |
| 3195 | Weekly and shall post a copy of the notice on the agency's |
| 3196 | Internet site. The notice of intent must state whether the |
| 3197 | interlocal agreement is consistent or inconsistent with the |
| 3198 | requirements of subsection (2) and this subsection, as |
| 3199 | appropriate. |
| 3200 | (b) The state land planning agency's notice is subject to |
| 3201 | challenge under chapter 120; however, an affected person, as |
| 3202 | defined in s. 163.3184(1)(a), has standing to initiate the |
| 3203 | administrative proceeding, and this proceeding is the sole means |
| 3204 | available to challenge the consistency of an interlocal |
| 3205 | agreement required by this section with the criteria contained |
| 3206 | in subsection (2) and this subsection. In order to have |
| 3207 | standing, each person must have submitted oral or written |
| 3208 | comments, recommendations, or objections to the local government |
| 3209 | or the school board before the adoption of the interlocal |
| 3210 | agreement by the school board and local government. The district |
| 3211 | school board and local governments are parties to any such |
| 3212 | proceeding. In this proceeding, when the state land planning |
| 3213 | agency finds the interlocal agreement to be consistent with the |
| 3214 | criteria in subsection (2) and this subsection, the interlocal |
| 3215 | agreement shall be determined to be consistent with subsection |
| 3216 | (2) and this subsection if the local government's and school |
| 3217 | board's determination of consistency is fairly debatable. When |
| 3218 | the state planning agency finds the interlocal agreement to be |
| 3219 | inconsistent with the requirements of subsection (2) and this |
| 3220 | subsection, the local government's and school board's |
| 3221 | determination of consistency shall be sustained unless it is |
| 3222 | shown by a preponderance of the evidence that the interlocal |
| 3223 | agreement is inconsistent. |
| 3224 | (c) If the state land planning agency enters a final order |
| 3225 | that finds that the interlocal agreement is inconsistent with |
| 3226 | the requirements of subsection (2) or this subsection, it shall |
| 3227 | forward it to the Administration Commission, which may impose |
| 3228 | sanctions against the local government pursuant to s. |
| 3229 | 163.3184(11) and may impose sanctions against the district |
| 3230 | school board by directing the Department of Education to |
| 3231 | withhold from the district school board an equivalent amount of |
| 3232 | funds for school construction available pursuant to ss. 1013.65, |
| 3233 | 1013.68, 1013.70, and 1013.72. |
| 3234 | (4) If an executed interlocal agreement is not timely |
| 3235 | submitted to the state land planning agency for review, the |
| 3236 | state land planning agency shall, within 15 working days after |
| 3237 | the deadline for submittal, issue to the local government and |
| 3238 | the district school board a Notice to Show Cause why sanctions |
| 3239 | should not be imposed for failure to submit an executed |
| 3240 | interlocal agreement by the deadline established by the agency. |
| 3241 | The agency shall forward the notice and the responses to the |
| 3242 | Administration Commission, which may enter a final order citing |
| 3243 | the failure to comply and imposing sanctions against the local |
| 3244 | government and district school board by directing the |
| 3245 | appropriate agencies to withhold at least 5 percent of state |
| 3246 | funds pursuant to s. 163.3184(11) and by directing the |
| 3247 | Department of Education to withhold from the district school |
| 3248 | board at least 5 percent of funds for school construction |
| 3249 | available pursuant to ss. 1013.65, 1013.68, 1013.70, and |
| 3250 | 1013.72. |
| 3251 | (5) Any local government transmitting a public school |
| 3252 | element to implement school concurrency pursuant to the |
| 3253 | requirements of s. 163.3180 before the effective date of this |
| 3254 | section is not required to amend the element or any interlocal |
| 3255 | agreement to conform with the provisions of this section if the |
| 3256 | element is adopted prior to or within 1 year after the effective |
| 3257 | date of this section and remains in effect until the county |
| 3258 | conducts its evaluation and appraisal report and identifies |
| 3259 | changes necessary to more fully conform to the provisions of |
| 3260 | this section. |
| 3261 | (6) Except as provided in subsection (7), municipalities |
| 3262 | meeting the exemption criteria in s. 163.3177(12) are exempt |
| 3263 | from the requirements of subsections (1), (2), and (3). |
| 3264 | (7) At the time of the evaluation and appraisal report, |
| 3265 | each exempt municipality shall assess the extent to which it |
| 3266 | continues to meet the criteria for exemption under s. |
| 3267 | 163.3177(12). If the municipality continues to meet these |
| 3268 | criteria, the municipality shall continue to be exempt from the |
| 3269 | interlocal-agreement requirement. Each municipality exempt under |
| 3270 | s. 163.3177(12) must comply with the provisions of this section |
| 3271 | within 1 year after the district school board proposes, in its |
| 3272 | 5-year district facilities work program, a new school within the |
| 3273 | municipality's jurisdiction. |
| 3274 | Section 14. Subsection (9) of section 163.3178, Florida |
| 3275 | Statutes, is amended to read: |
| 3276 | 163.3178 Coastal management.- |
| 3277 | (9)(a) Local governments may elect to comply with rule 9J- |
| 3278 | 5.012(3)(b)6. and 7., Florida Administrative Code, through the |
| 3279 | process provided in this section. A proposed comprehensive plan |
| 3280 | amendment shall be found in compliance with state coastal high- |
| 3281 | hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7., |
| 3282 | Florida Administrative Code, if: |
| 3283 | 1. The adopted level of service for out-of-county |
| 3284 | hurricane evacuation is maintained for a category 5 storm event |
| 3285 | as measured on the Saffir-Simpson scale; or |
| 3286 | 2. A 12-hour evacuation time to shelter is maintained for |
| 3287 | a category 5 storm event as measured on the Saffir-Simpson scale |
| 3288 | and shelter space reasonably expected to accommodate the |
| 3289 | residents of the development contemplated by a proposed |
| 3290 | comprehensive plan amendment is available; or |
| 3291 | 3. Appropriate mitigation is provided that will satisfy |
| 3292 | the provisions of subparagraph 1. or subparagraph 2. Appropriate |
| 3293 | mitigation shall include, without limitation, payment of money, |
| 3294 | contribution of land, and construction of hurricane shelters and |
| 3295 | transportation facilities. Required mitigation may shall not |
| 3296 | exceed the amount required for a developer to accommodate |
| 3297 | impacts reasonably attributable to development. A local |
| 3298 | government and a developer shall enter into a binding agreement |
| 3299 | to memorialize the mitigation plan. |
| 3300 | (b) For those local governments that have not established |
| 3301 | a level of service for out-of-county hurricane evacuation by |
| 3302 | July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and |
| 3303 | 7., Florida Administrative Code, by following the process in |
| 3304 | paragraph (a), the level of service shall be no greater than 16 |
| 3305 | hours for a category 5 storm event as measured on the Saffir- |
| 3306 | Simpson scale. |
| 3307 | (c) This subsection shall become effective immediately and |
| 3308 | shall apply to all local governments. No later than July 1, |
| 3309 | 2008, local governments shall amend their future land use map |
| 3310 | and coastal management element to include the new definition of |
| 3311 | coastal high-hazard area and to depict the coastal high-hazard |
| 3312 | area on the future land use map. |
| 3313 | Section 15. Section 163.3180, Florida Statutes, is amended |
| 3314 | to read: |
| 3315 | 163.3180 Concurrency.- |
| 3316 | (1)(a) Sanitary sewer, solid waste, drainage, and potable |
| 3317 | water, parks and recreation, schools, and transportation |
| 3318 | facilities, including mass transit, where applicable, are the |
| 3319 | only public facilities and services subject to the concurrency |
| 3320 | requirement on a statewide basis. Additional public facilities |
| 3321 | and services may not be made subject to concurrency on a |
| 3322 | statewide basis without appropriate study and approval by the |
| 3323 | Legislature; however, any local government may extend the |
| 3324 | concurrency requirement so that it applies to additional public |
| 3325 | facilities within its jurisdiction. |
| 3326 | (a) If concurrency is applied to other public facilities, |
| 3327 | the local government comprehensive plan must provide the |
| 3328 | principles, guidelines, standards, and strategies, including |
| 3329 | adopted levels of service, to guide its application. In order |
| 3330 | for a local government to rescind any optional concurrency |
| 3331 | provisions, a comprehensive plan amendment is required. An |
| 3332 | amendment rescinding optional concurrency issues is not subject |
| 3333 | to state review. |
| 3334 | (b) The local government comprehensive plan must |
| 3335 | demonstrate, for required or optional concurrency requirements, |
| 3336 | that the levels of service adopted can be reasonably met. |
| 3337 | Infrastructure needed to ensure that adopted level-of-service |
| 3338 | standards are achieved and maintained for the 5-year period of |
| 3339 | the capital improvement schedule must be identified pursuant to |
| 3340 | the requirements of s. 163.3177(3). The comprehensive plan must |
| 3341 | include principles, guidelines, standards, and strategies for |
| 3342 | the establishment of a concurrency management system. |
| 3343 | (b) Local governments shall use professionally accepted |
| 3344 | techniques for measuring level of service for automobiles, |
| 3345 | bicycles, pedestrians, transit, and trucks. These techniques may |
| 3346 | be used to evaluate increased accessibility by multiple modes |
| 3347 | and reductions in vehicle miles of travel in an area or zone. |
| 3348 | The Department of Transportation shall develop methodologies to |
| 3349 | assist local governments in implementing this multimodal level- |
| 3350 | of-service analysis. The Department of Community Affairs and the |
| 3351 | Department of Transportation shall provide technical assistance |
| 3352 | to local governments in applying these methodologies. |
| 3353 | (2)(a) Consistent with public health and safety, sanitary |
| 3354 | sewer, solid waste, drainage, adequate water supplies, and |
| 3355 | potable water facilities shall be in place and available to |
| 3356 | serve new development no later than the issuance by the local |
| 3357 | government of a certificate of occupancy or its functional |
| 3358 | equivalent. Prior to approval of a building permit or its |
| 3359 | functional equivalent, the local government shall consult with |
| 3360 | the applicable water supplier to determine whether adequate |
| 3361 | water supplies to serve the new development will be available no |
| 3362 | later than the anticipated date of issuance by the local |
| 3363 | government of a certificate of occupancy or its functional |
| 3364 | equivalent. A local government may meet the concurrency |
| 3365 | requirement for sanitary sewer through the use of onsite sewage |
| 3366 | treatment and disposal systems approved by the Department of |
| 3367 | Health to serve new development. |
| 3368 | (b) Consistent with the public welfare, and except as |
| 3369 | otherwise provided in this section, parks and recreation |
| 3370 | facilities to serve new development shall be in place or under |
| 3371 | actual construction no later than 1 year after issuance by the |
| 3372 | local government of a certificate of occupancy or its functional |
| 3373 | equivalent. However, the acreage for such facilities shall be |
| 3374 | dedicated or be acquired by the local government prior to |
| 3375 | issuance by the local government of a certificate of occupancy |
| 3376 | or its functional equivalent, or funds in the amount of the |
| 3377 | developer's fair share shall be committed no later than the |
| 3378 | local government's approval to commence construction. |
| 3379 | (c) Consistent with the public welfare, and except as |
| 3380 | otherwise provided in this section, transportation facilities |
| 3381 | needed to serve new development shall be in place or under |
| 3382 | actual construction within 3 years after the local government |
| 3383 | approves a building permit or its functional equivalent that |
| 3384 | results in traffic generation. |
| 3385 | (3) Governmental entities that are not responsible for |
| 3386 | providing, financing, operating, or regulating public facilities |
| 3387 | needed to serve development may not establish binding level-of- |
| 3388 | service standards on governmental entities that do bear those |
| 3389 | responsibilities. This subsection does not limit the authority |
| 3390 | of any agency to recommend or make objections, recommendations, |
| 3391 | comments, or determinations during reviews conducted under s. |
| 3392 | 163.3184. |
| 3393 | (4)(a) The concurrency requirement as implemented in local |
| 3394 | comprehensive plans applies to state and other public facilities |
| 3395 | and development to the same extent that it applies to all other |
| 3396 | facilities and development, as provided by law. |
| 3397 | (b) The concurrency requirement as implemented in local |
| 3398 | comprehensive plans does not apply to public transit facilities. |
| 3399 | For the purposes of this paragraph, public transit facilities |
| 3400 | include transit stations and terminals; transit station parking; |
| 3401 | park-and-ride lots; intermodal public transit connection or |
| 3402 | transfer facilities; fixed bus, guideway, and rail stations; and |
| 3403 | airport passenger terminals and concourses, air cargo |
| 3404 | facilities, and hangars for the assembly, manufacture, |
| 3405 | maintenance, or storage of aircraft. As used in this paragraph, |
| 3406 | the terms "terminals" and "transit facilities" do not include |
| 3407 | seaports or commercial or residential development constructed in |
| 3408 | conjunction with a public transit facility. |
| 3409 | (c) The concurrency requirement, except as it relates to |
| 3410 | transportation facilities and public schools, as implemented in |
| 3411 | local government comprehensive plans, may be waived by a local |
| 3412 | government for urban infill and redevelopment areas designated |
| 3413 | pursuant to s. 163.2517 if such a waiver does not endanger |
| 3414 | public health or safety as defined by the local government in |
| 3415 | its local government comprehensive plan. The waiver shall be |
| 3416 | adopted as a plan amendment pursuant to the process set forth in |
| 3417 | s. 163.3187(3)(a). A local government may grant a concurrency |
| 3418 | exception pursuant to subsection (5) for transportation |
| 3419 | facilities located within these urban infill and redevelopment |
| 3420 | areas. |
| 3421 | (5)(a) If concurrency is applied to transportation |
| 3422 | facilities, the local government comprehensive plan must provide |
| 3423 | the principles, guidelines, standards, and strategies, including |
| 3424 | adopted levels of service to guide its application. |
| 3425 | (b) Local governments shall use professionally accepted |
| 3426 | studies to evaluate the appropriate levels of service. Local |
| 3427 | governments should consider the number of facilities that will |
| 3428 | be necessary to meet level-of-service demands when determining |
| 3429 | the appropriate levels of service. The schedule of facilities |
| 3430 | that are necessary to meet the adopted level of service shall be |
| 3431 | reflected in the capital improvement element. |
| 3432 | (c) Local governments shall use professionally accepted |
| 3433 | techniques for measuring levels of service when evaluating |
| 3434 | potential impacts of a proposed development. |
| 3435 | (d) The premise of concurrency is that the public |
| 3436 | facilities will be provided in order to achieve and maintain the |
| 3437 | adopted level of service standard. A comprehensive plan that |
| 3438 | imposes transportation concurrency shall contain appropriate |
| 3439 | amendments to the capital improvements element of the |
| 3440 | comprehensive plan, consistent with the requirements of s. |
| 3441 | 163.3177(3). The capital improvements element shall identify |
| 3442 | facilities necessary to meet adopted levels of service during a |
| 3443 | 5-year period. |
| 3444 | (e) If a local government applies transportation |
| 3445 | concurrency in its jurisdiction, it is encouraged to develop |
| 3446 | policy guidelines and techniques to address potential negative |
| 3447 | impacts on future development: |
| 3448 | 1. In urban infill and redevelopment, and urban service |
| 3449 | areas. |
| 3450 | 2. With special part-time demands on the transportation |
| 3451 | system. |
| 3452 | 3. With de minimis impacts. |
| 3453 | 4. On community desired types of development, such as |
| 3454 | redevelopment, or job creation projects. |
| 3455 | (f) Local governments are encouraged to develop tools and |
| 3456 | techniques to complement the application of transportation |
| 3457 | concurrency such as: |
| 3458 | 1. Adoption of long-term strategies to facilitate |
| 3459 | development patterns that support multimodal solutions, |
| 3460 | including urban design, and appropriate land use mixes, |
| 3461 | including intensity and density. |
| 3462 | 2. Adoption of an areawide level of service not dependent |
| 3463 | on any single road segment function. |
| 3464 | 3. Exempting or discounting impacts of locally desired |
| 3465 | development, such as development in urban areas, redevelopment, |
| 3466 | job creation, and mixed use on the transportation system. |
| 3467 | 4. Assigning secondary priority to vehicle mobility and |
| 3468 | primary priority to ensuring a safe, comfortable, and attractive |
| 3469 | pedestrian environment, with convenient interconnection to |
| 3470 | transit. |
| 3471 | 5. Establishing multimodal level of service standards that |
| 3472 | rely primarily on nonvehicular modes of transportation where |
| 3473 | existing or planned community design will provide adequate level |
| 3474 | of mobility. |
| 3475 | 6. Reducing impact fees or local access fees to promote |
| 3476 | development within urban areas, multimodal transportation |
| 3477 | districts, and a balance of mixed use development in certain |
| 3478 | areas or districts, or for affordable or workforce housing. |
| 3479 | (g) Local governments are encouraged to coordinate with |
| 3480 | adjacent local governments for the purpose of using common |
| 3481 | methodologies for measuring impacts on transportation |
| 3482 | facilities. |
| 3483 | (h) Local governments that implement transportation |
| 3484 | concurrency must: |
| 3485 | 1. Consult with the Department of Transportation when |
| 3486 | proposed plan amendments affect facilities on the strategic |
| 3487 | intermodal system. |
| 3488 | 2. Exempt public transit facilities from concurrency. For |
| 3489 | the purposes of this subparagraph, public transit facilities |
| 3490 | include transit stations and terminals; transit station parking; |
| 3491 | park-and-ride lots; intermodal public transit connection or |
| 3492 | transfer facilities; fixed bus, guideway, and rail stations; and |
| 3493 | airport passenger terminals and concourses, air cargo |
| 3494 | facilities, and hangars for the assembly, manufacture, |
| 3495 | maintenance, or storage of aircraft. As used in this |
| 3496 | subparagraph, the terms "terminals" and "transit facilities" do |
| 3497 | not include seaports or commercial or residential development |
| 3498 | constructed in conjunction with a public transit facility. |
| 3499 | 3. Allow an applicant for a development-of-regional-impact |
| 3500 | development order, a rezoning, or other land use development |
| 3501 | permit to satisfy the transportation concurrency requirements of |
| 3502 | the local comprehensive plan, the local government's concurrency |
| 3503 | management system, and s. 380.06, when applicable, if: |
| 3504 | a. The applicant enters into a binding agreement to pay |
| 3505 | for or construct its proportionate share of required |
| 3506 | improvements. |
| 3507 | b. The proportionate-share contribution or construction is |
| 3508 | sufficient to accomplish one or more mobility improvements that |
| 3509 | will benefit a regionally significant transportation facility. |
| 3510 | c.(I) The local government has provided a means by which |
| 3511 | the landowner will be assessed a proportionate share of the cost |
| 3512 | of providing the transportation facilities necessary to serve |
| 3513 | the proposed development. An applicant shall not be held |
| 3514 | responsible for the additional cost of reducing or eliminating |
| 3515 | deficiencies. |
| 3516 | (II) When an applicant contributes or constructs its |
| 3517 | proportionate share pursuant to this subparagraph, a local |
| 3518 | government may not require payment or construction of |
| 3519 | transportation facilities whose costs would be greater than a |
| 3520 | development's proportionate share of the improvements necessary |
| 3521 | to mitigate the development's impacts. |
| 3522 | (A) The proportionate-share contribution shall be |
| 3523 | calculated based upon the number of trips from the proposed |
| 3524 | development expected to reach roadways during the peak hour from |
| 3525 | the stage or phase being approved, divided by the change in the |
| 3526 | peak hour maximum service volume of roadways resulting from |
| 3527 | construction of an improvement necessary to maintain or achieve |
| 3528 | the adopted level of service, multiplied by the construction |
| 3529 | cost, at the time of development payment, of the improvement |
| 3530 | necessary to maintain or achieve the adopted level of service. |
| 3531 | (B) In using the proportionate-share formula provided in |
| 3532 | this subparagraph, the applicant, in its traffic analysis, shall |
| 3533 | identify those roads or facilities that have a transportation |
| 3534 | deficiency in accordance with the transportation deficiency as |
| 3535 | defined in sub-subparagraph e. The proportionate-share formula |
| 3536 | provided in this subparagraph shall be applied only to those |
| 3537 | facilities that are determined to be significantly impacted by |
| 3538 | the project traffic under review. If any road is determined to |
| 3539 | be transportation deficient without the project traffic under |
| 3540 | review, the costs of correcting that deficiency shall be removed |
| 3541 | from the project's proportionate-share calculation and the |
| 3542 | necessary transportation improvements to correct that deficiency |
| 3543 | shall be considered to be in place for purposes of the |
| 3544 | proportionate-share calculation. The improvement necessary to |
| 3545 | correct the transportation deficiency is the funding |
| 3546 | responsibility of the entity that has maintenance responsibility |
| 3547 | for the facility. The development's proportionate share shall be |
| 3548 | calculated only for the needed transportation improvements that |
| 3549 | are greater than the identified deficiency. |
| 3550 | (C) When the provisions of this subparagraph have been |
| 3551 | satisfied for a particular stage or phase of development, all |
| 3552 | transportation impacts from that stage or phase for which |
| 3553 | mitigation was required and provided shall be deemed fully |
| 3554 | mitigated in any transportation analysis for a subsequent stage |
| 3555 | or phase of development. Trips from a previous stage or phase |
| 3556 | that did not result in impacts for which mitigation was required |
| 3557 | or provided may be cumulatively analyzed with trips from a |
| 3558 | subsequent stage or phase to determine whether an impact |
| 3559 | requires mitigation for the subsequent stage or phase. |
| 3560 | (D) In projecting the number of trips to be generated by |
| 3561 | the development under review, any trips assigned to a toll- |
| 3562 | financed facility shall be eliminated from the analysis. |
| 3563 | (E) The applicant shall receive a credit on a dollar-for- |
| 3564 | dollar basis for impact fees, mobility fees, and other |
| 3565 | transportation concurrency mitigation requirements paid or |
| 3566 | payable in the future for the project. The credit shall be |
| 3567 | reduced up to 20 percent by the percentage share that the |
| 3568 | project's traffic represents of the added capacity of the |
| 3569 | selected improvement, or by the amount specified by local |
| 3570 | ordinance, whichever yields the greater credit. |
| 3571 | d. This subsection does not require a local government to |
| 3572 | approve a development that is not otherwise qualified for |
| 3573 | approval pursuant to the applicable local comprehensive plan and |
| 3574 | land development regulations. |
| 3575 | e. As used in this subsection, the term "transportation |
| 3576 | deficiency" means a facility or facilities on which the adopted |
| 3577 | level-of-service standard is exceeded by the existing, |
| 3578 | committed, and vested trips, plus additional projected |
| 3579 | background trips from any source other than the development |
| 3580 | project under review, and trips that are forecast by established |
| 3581 | traffic standards, including traffic modeling, consistent with |
| 3582 | the University of Florida's Bureau of Economic and Business |
| 3583 | Research medium population projections. Additional projected |
| 3584 | background trips are to be coincident with the particular stage |
| 3585 | or phase of development under review. |
| 3586 | (a) The Legislature finds that under limited |
| 3587 | circumstances, countervailing planning and public policy goals |
| 3588 | may come into conflict with the requirement that adequate public |
| 3589 | transportation facilities and services be available concurrent |
| 3590 | with the impacts of such development. The Legislature further |
| 3591 | finds that the unintended result of the concurrency requirement |
| 3592 | for transportation facilities is often the discouragement of |
| 3593 | urban infill development and redevelopment. Such unintended |
| 3594 | results directly conflict with the goals and policies of the |
| 3595 | state comprehensive plan and the intent of this part. The |
| 3596 | Legislature also finds that in urban centers transportation |
| 3597 | cannot be effectively managed and mobility cannot be improved |
| 3598 | solely through the expansion of roadway capacity, that the |
| 3599 | expansion of roadway capacity is not always physically or |
| 3600 | financially possible, and that a range of transportation |
| 3601 | alternatives is essential to satisfy mobility needs, reduce |
| 3602 | congestion, and achieve healthy, vibrant centers. |
| 3603 | (b)1. The following are transportation concurrency |
| 3604 | exception areas: |
| 3605 | a. A municipality that qualifies as a dense urban land |
| 3606 | area under s. 163.3164; |
| 3607 | b. An urban service area under s. 163.3164 that has been |
| 3608 | adopted into the local comprehensive plan and is located within |
| 3609 | a county that qualifies as a dense urban land area under s. |
| 3610 | 163.3164; and |
| 3611 | c. A county, including the municipalities located therein, |
| 3612 | which has a population of at least 900,000 and qualifies as a |
| 3613 | dense urban land area under s. 163.3164, but does not have an |
| 3614 | urban service area designated in the local comprehensive plan. |
| 3615 | 2. A municipality that does not qualify as a dense urban |
| 3616 | land area pursuant to s. 163.3164 may designate in its local |
| 3617 | comprehensive plan the following areas as transportation |
| 3618 | concurrency exception areas: |
| 3619 | a. Urban infill as defined in s. 163.3164; |
| 3620 | b. Community redevelopment areas as defined in s. 163.340; |
| 3621 | c. Downtown revitalization areas as defined in s. |
| 3622 | 163.3164; |
| 3623 | d. Urban infill and redevelopment under s. 163.2517; or |
| 3624 | e. Urban service areas as defined in s. 163.3164 or areas |
| 3625 | within a designated urban service boundary under s. |
| 3626 | 163.3177(14). |
| 3627 | 3. A county that does not qualify as a dense urban land |
| 3628 | area pursuant to s. 163.3164 may designate in its local |
| 3629 | comprehensive plan the following areas as transportation |
| 3630 | concurrency exception areas: |
| 3631 | a. Urban infill as defined in s. 163.3164; |
| 3632 | b. Urban infill and redevelopment under s. 163.2517; or |
| 3633 | c. Urban service areas as defined in s. 163.3164. |
| 3634 | 4. A local government that has a transportation |
| 3635 | concurrency exception area designated pursuant to subparagraph |
| 3636 | 1., subparagraph 2., or subparagraph 3. shall, within 2 years |
| 3637 | after the designated area becomes exempt, adopt into its local |
| 3638 | comprehensive plan land use and transportation strategies to |
| 3639 | support and fund mobility within the exception area, including |
| 3640 | alternative modes of transportation. Local governments are |
| 3641 | encouraged to adopt complementary land use and transportation |
| 3642 | strategies that reflect the region's shared vision for its |
| 3643 | future. If the state land planning agency finds insufficient |
| 3644 | cause for the failure to adopt into its comprehensive plan land |
| 3645 | use and transportation strategies to support and fund mobility |
| 3646 | within the designated exception area after 2 years, it shall |
| 3647 | submit the finding to the Administration Commission, which may |
| 3648 | impose any of the sanctions set forth in s. 163.3184(11)(a) and |
| 3649 | (b) against the local government. |
| 3650 | 5. Transportation concurrency exception areas designated |
| 3651 | pursuant to subparagraph 1., subparagraph 2., or subparagraph 3. |
| 3652 | do not apply to designated transportation concurrency districts |
| 3653 | located within a county that has a population of at least 1.5 |
| 3654 | million, has implemented and uses a transportation-related |
| 3655 | concurrency assessment to support alternative modes of |
| 3656 | transportation, including, but not limited to, mass transit, and |
| 3657 | does not levy transportation impact fees within the concurrency |
| 3658 | district. |
| 3659 | 6. Transportation concurrency exception areas designated |
| 3660 | under subparagraph 1., subparagraph 2., or subparagraph 3. do |
| 3661 | not apply in any county that has exempted more than 40 percent |
| 3662 | of the area inside the urban service area from transportation |
| 3663 | concurrency for the purpose of urban infill. |
| 3664 | 7. A local government that does not have a transportation |
| 3665 | concurrency exception area designated pursuant to subparagraph |
| 3666 | 1., subparagraph 2., or subparagraph 3. may grant an exception |
| 3667 | from the concurrency requirement for transportation facilities |
| 3668 | if the proposed development is otherwise consistent with the |
| 3669 | adopted local government comprehensive plan and is a project |
| 3670 | that promotes public transportation or is located within an area |
| 3671 | designated in the comprehensive plan for: |
| 3672 | a. Urban infill development; |
| 3673 | b. Urban redevelopment; |
| 3674 | c. Downtown revitalization; |
| 3675 | d. Urban infill and redevelopment under s. 163.2517; or |
| 3676 | e. An urban service area specifically designated as a |
| 3677 | transportation concurrency exception area which includes lands |
| 3678 | appropriate for compact, contiguous urban development, which |
| 3679 | does not exceed the amount of land needed to accommodate the |
| 3680 | projected population growth at densities consistent with the |
| 3681 | adopted comprehensive plan within the 10-year planning period, |
| 3682 | and which is served or is planned to be served with public |
| 3683 | facilities and services as provided by the capital improvements |
| 3684 | element. |
| 3685 | (c) The Legislature also finds that developments located |
| 3686 | within urban infill, urban redevelopment, urban service, or |
| 3687 | downtown revitalization areas or areas designated as urban |
| 3688 | infill and redevelopment areas under s. 163.2517, which pose |
| 3689 | only special part-time demands on the transportation system, are |
| 3690 | exempt from the concurrency requirement for transportation |
| 3691 | facilities. A special part-time demand is one that does not have |
| 3692 | more than 200 scheduled events during any calendar year and does |
| 3693 | not affect the 100 highest traffic volume hours. |
| 3694 | (d) Except for transportation concurrency exception areas |
| 3695 | designated pursuant to subparagraph (b)1., subparagraph (b)2., |
| 3696 | or subparagraph (b)3., the following requirements apply: |
| 3697 | 1. The local government shall both adopt into the |
| 3698 | comprehensive plan and implement long-term strategies to support |
| 3699 | and fund mobility within the designated exception area, |
| 3700 | including alternative modes of transportation. The plan |
| 3701 | amendment must also demonstrate how strategies will support the |
| 3702 | purpose of the exception and how mobility within the designated |
| 3703 | exception area will be provided. |
| 3704 | 2. The strategies must address urban design; appropriate |
| 3705 | land use mixes, including intensity and density; and network |
| 3706 | connectivity plans needed to promote urban infill, |
| 3707 | redevelopment, or downtown revitalization. The comprehensive |
| 3708 | plan amendment designating the concurrency exception area must |
| 3709 | be accompanied by data and analysis supporting the local |
| 3710 | government's determination of the boundaries of the |
| 3711 | transportation concurrency exception area. |
| 3712 | (e) Before designating a concurrency exception area |
| 3713 | pursuant to subparagraph (b)7., the state land planning agency |
| 3714 | and the Department of Transportation shall be consulted by the |
| 3715 | local government to assess the impact that the proposed |
| 3716 | exception area is expected to have on the adopted level-of- |
| 3717 | service standards established for regional transportation |
| 3718 | facilities identified pursuant to s. 186.507, including the |
| 3719 | Strategic Intermodal System and roadway facilities funded in |
| 3720 | accordance with s. 339.2819. Further, the local government shall |
| 3721 | provide a plan for the mitigation of impacts to the Strategic |
| 3722 | Intermodal System, including, if appropriate, access management, |
| 3723 | parallel reliever roads, transportation demand management, and |
| 3724 | other measures. |
| 3725 | (f) The designation of a transportation concurrency |
| 3726 | exception area does not limit a local government's home rule |
| 3727 | power to adopt ordinances or impose fees. This subsection does |
| 3728 | not affect any contract or agreement entered into or development |
| 3729 | order rendered before the creation of the transportation |
| 3730 | concurrency exception area except as provided in s. |
| 3731 | 380.06(29)(e). |
| 3732 | (g) The Office of Program Policy Analysis and Government |
| 3733 | Accountability shall submit to the President of the Senate and |
| 3734 | the Speaker of the House of Representatives by February 1, 2015, |
| 3735 | a report on transportation concurrency exception areas created |
| 3736 | pursuant to this subsection. At a minimum, the report shall |
| 3737 | address the methods that local governments have used to |
| 3738 | implement and fund transportation strategies to achieve the |
| 3739 | purposes of designated transportation concurrency exception |
| 3740 | areas, and the effects of the strategies on mobility, |
| 3741 | congestion, urban design, the density and intensity of land use |
| 3742 | mixes, and network connectivity plans used to promote urban |
| 3743 | infill, redevelopment, or downtown revitalization. |
| 3744 | (6) The Legislature finds that a de minimis impact is |
| 3745 | consistent with this part. A de minimis impact is an impact that |
| 3746 | would not affect more than 1 percent of the maximum volume at |
| 3747 | the adopted level of service of the affected transportation |
| 3748 | facility as determined by the local government. No impact will |
| 3749 | be de minimis if the sum of existing roadway volumes and the |
| 3750 | projected volumes from approved projects on a transportation |
| 3751 | facility would exceed 110 percent of the maximum volume at the |
| 3752 | adopted level of service of the affected transportation |
| 3753 | facility; provided however, that an impact of a single family |
| 3754 | home on an existing lot will constitute a de minimis impact on |
| 3755 | all roadways regardless of the level of the deficiency of the |
| 3756 | roadway. Further, no impact will be de minimis if it would |
| 3757 | exceed the adopted level-of-service standard of any affected |
| 3758 | designated hurricane evacuation routes. Each local government |
| 3759 | shall maintain sufficient records to ensure that the 110-percent |
| 3760 | criterion is not exceeded. Each local government shall submit |
| 3761 | annually, with its updated capital improvements element, a |
| 3762 | summary of the de minimis records. If the state land planning |
| 3763 | agency determines that the 110-percent criterion has been |
| 3764 | exceeded, the state land planning agency shall notify the local |
| 3765 | government of the exceedance and that no further de minimis |
| 3766 | exceptions for the applicable roadway may be granted until such |
| 3767 | time as the volume is reduced below the 110 percent. The local |
| 3768 | government shall provide proof of this reduction to the state |
| 3769 | land planning agency before issuing further de minimis |
| 3770 | exceptions. |
| 3771 | (7) In order to promote infill development and |
| 3772 | redevelopment, one or more transportation concurrency management |
| 3773 | areas may be designated in a local government comprehensive |
| 3774 | plan. A transportation concurrency management area must be a |
| 3775 | compact geographic area with an existing network of roads where |
| 3776 | multiple, viable alternative travel paths or modes are available |
| 3777 | for common trips. A local government may establish an areawide |
| 3778 | level-of-service standard for such a transportation concurrency |
| 3779 | management area based upon an analysis that provides for a |
| 3780 | justification for the areawide level of service, how urban |
| 3781 | infill development or redevelopment will be promoted, and how |
| 3782 | mobility will be accomplished within the transportation |
| 3783 | concurrency management area. Prior to the designation of a |
| 3784 | concurrency management area, the Department of Transportation |
| 3785 | shall be consulted by the local government to assess the impact |
| 3786 | that the proposed concurrency management area is expected to |
| 3787 | have on the adopted level-of-service standards established for |
| 3788 | Strategic Intermodal System facilities, as defined in s. 339.64, |
| 3789 | and roadway facilities funded in accordance with s. 339.2819. |
| 3790 | Further, the local government shall, in cooperation with the |
| 3791 | Department of Transportation, develop a plan to mitigate any |
| 3792 | impacts to the Strategic Intermodal System, including, if |
| 3793 | appropriate, the development of a long-term concurrency |
| 3794 | management system pursuant to subsection (9) and s. |
| 3795 | 163.3177(3)(d). Transportation concurrency management areas |
| 3796 | existing prior to July 1, 2005, shall meet, at a minimum, the |
| 3797 | provisions of this section by July 1, 2006, or at the time of |
| 3798 | the comprehensive plan update pursuant to the evaluation and |
| 3799 | appraisal report, whichever occurs last. The state land planning |
| 3800 | agency shall amend chapter 9J-5, Florida Administrative Code, to |
| 3801 | be consistent with this subsection. |
| 3802 | (8) When assessing the transportation impacts of proposed |
| 3803 | urban redevelopment within an established existing urban service |
| 3804 | area, 110 percent of the actual transportation impact caused by |
| 3805 | the previously existing development must be reserved for the |
| 3806 | redevelopment, even if the previously existing development has a |
| 3807 | lesser or nonexisting impact pursuant to the calculations of the |
| 3808 | local government. Redevelopment requiring less than 110 percent |
| 3809 | of the previously existing capacity shall not be prohibited due |
| 3810 | to the reduction of transportation levels of service below the |
| 3811 | adopted standards. This does not preclude the appropriate |
| 3812 | assessment of fees or accounting for the impacts within the |
| 3813 | concurrency management system and capital improvements program |
| 3814 | of the affected local government. This paragraph does not affect |
| 3815 | local government requirements for appropriate development |
| 3816 | permits. |
| 3817 | (9)(a) Each local government may adopt as a part of its |
| 3818 | plan, long-term transportation and school concurrency management |
| 3819 | systems with a planning period of up to 10 years for specially |
| 3820 | designated districts or areas where significant backlogs exist. |
| 3821 | The plan may include interim level-of-service standards on |
| 3822 | certain facilities and shall rely on the local government's |
| 3823 | schedule of capital improvements for up to 10 years as a basis |
| 3824 | for issuing development orders that authorize commencement of |
| 3825 | construction in these designated districts or areas. The |
| 3826 | concurrency management system must be designed to correct |
| 3827 | existing deficiencies and set priorities for addressing |
| 3828 | backlogged facilities. The concurrency management system must be |
| 3829 | financially feasible and consistent with other portions of the |
| 3830 | adopted local plan, including the future land use map. |
| 3831 | (b) If a local government has a transportation or school |
| 3832 | facility backlog for existing development which cannot be |
| 3833 | adequately addressed in a 10-year plan, the state land planning |
| 3834 | agency may allow it to develop a plan and long-term schedule of |
| 3835 | capital improvements covering up to 15 years for good and |
| 3836 | sufficient cause, based on a general comparison between that |
| 3837 | local government and all other similarly situated local |
| 3838 | jurisdictions, using the following factors: |
| 3839 | 1. The extent of the backlog. |
| 3840 | 2. For roads, whether the backlog is on local or state |
| 3841 | roads. |
| 3842 | 3. The cost of eliminating the backlog. |
| 3843 | 4. The local government's tax and other revenue-raising |
| 3844 | efforts. |
| 3845 | (c) The local government may issue approvals to commence |
| 3846 | construction notwithstanding this section, consistent with and |
| 3847 | in areas that are subject to a long-term concurrency management |
| 3848 | system. |
| 3849 | (d) If the local government adopts a long-term concurrency |
| 3850 | management system, it must evaluate the system periodically. At |
| 3851 | a minimum, the local government must assess its progress toward |
| 3852 | improving levels of service within the long-term concurrency |
| 3853 | management district or area in the evaluation and appraisal |
| 3854 | report and determine any changes that are necessary to |
| 3855 | accelerate progress in meeting acceptable levels of service. |
| 3856 | (10) Except in transportation concurrency exception areas, |
| 3857 | with regard to roadway facilities on the Strategic Intermodal |
| 3858 | System designated in accordance with s. 339.63, local |
| 3859 | governments shall adopt the level-of-service standard |
| 3860 | established by the Department of Transportation by rule. |
| 3861 | However, if the Office of Tourism, Trade, and Economic |
| 3862 | Development concurs in writing with the local government that |
| 3863 | the proposed development is for a qualified job creation project |
| 3864 | under s. 288.0656 or s. 403.973, the affected local government, |
| 3865 | after consulting with the Department of Transportation, may |
| 3866 | provide for a waiver of transportation concurrency for the |
| 3867 | project. For all other roads on the State Highway System, local |
| 3868 | governments shall establish an adequate level-of-service |
| 3869 | standard that need not be consistent with any level-of-service |
| 3870 | standard established by the Department of Transportation. In |
| 3871 | establishing adequate level-of-service standards for any |
| 3872 | arterial roads, or collector roads as appropriate, which |
| 3873 | traverse multiple jurisdictions, local governments shall |
| 3874 | consider compatibility with the roadway facility's adopted |
| 3875 | level-of-service standards in adjacent jurisdictions. Each local |
| 3876 | government within a county shall use a professionally accepted |
| 3877 | methodology for measuring impacts on transportation facilities |
| 3878 | for the purposes of implementing its concurrency management |
| 3879 | system. Counties are encouraged to coordinate with adjacent |
| 3880 | counties, and local governments within a county are encouraged |
| 3881 | to coordinate, for the purpose of using common methodologies for |
| 3882 | measuring impacts on transportation facilities for the purpose |
| 3883 | of implementing their concurrency management systems. |
| 3884 | (11) In order to limit the liability of local governments, |
| 3885 | a local government may allow a landowner to proceed with |
| 3886 | development of a specific parcel of land notwithstanding a |
| 3887 | failure of the development to satisfy transportation |
| 3888 | concurrency, when all the following factors are shown to exist: |
| 3889 | (a) The local government with jurisdiction over the |
| 3890 | property has adopted a local comprehensive plan that is in |
| 3891 | compliance. |
| 3892 | (b) The proposed development would be consistent with the |
| 3893 | future land use designation for the specific property and with |
| 3894 | pertinent portions of the adopted local plan, as determined by |
| 3895 | the local government. |
| 3896 | (c) The local plan includes a financially feasible capital |
| 3897 | improvements element that provides for transportation facilities |
| 3898 | adequate to serve the proposed development, and the local |
| 3899 | government has not implemented that element. |
| 3900 | (d) The local government has provided a means by which the |
| 3901 | landowner will be assessed a fair share of the cost of providing |
| 3902 | the transportation facilities necessary to serve the proposed |
| 3903 | development. |
| 3904 | (e) The landowner has made a binding commitment to the |
| 3905 | local government to pay the fair share of the cost of providing |
| 3906 | the transportation facilities to serve the proposed development. |
| 3907 | (12)(a) A development of regional impact may satisfy the |
| 3908 | transportation concurrency requirements of the local |
| 3909 | comprehensive plan, the local government's concurrency |
| 3910 | management system, and s. 380.06 by payment of a proportionate- |
| 3911 | share contribution for local and regionally significant traffic |
| 3912 | impacts, if: |
| 3913 | 1. The development of regional impact which, based on its |
| 3914 | location or mix of land uses, is designed to encourage |
| 3915 | pedestrian or other nonautomotive modes of transportation; |
| 3916 | 2. The proportionate-share contribution for local and |
| 3917 | regionally significant traffic impacts is sufficient to pay for |
| 3918 | one or more required mobility improvements that will benefit a |
| 3919 | regionally significant transportation facility; |
| 3920 | 3. The owner and developer of the development of regional |
| 3921 | impact pays or assures payment of the proportionate-share |
| 3922 | contribution; and |
| 3923 | 4. If the regionally significant transportation facility |
| 3924 | to be constructed or improved is under the maintenance authority |
| 3925 | of a governmental entity, as defined by s. 334.03(12), other |
| 3926 | than the local government with jurisdiction over the development |
| 3927 | of regional impact, the developer is required to enter into a |
| 3928 | binding and legally enforceable commitment to transfer funds to |
| 3929 | the governmental entity having maintenance authority or to |
| 3930 | otherwise assure construction or improvement of the facility. |
| 3931 |
|
| 3932 | The proportionate-share contribution may be applied to any |
| 3933 | transportation facility to satisfy the provisions of this |
| 3934 | subsection and the local comprehensive plan, but, for the |
| 3935 | purposes of this subsection, the amount of the proportionate- |
| 3936 | share contribution shall be calculated based upon the cumulative |
| 3937 | number of trips from the proposed development expected to reach |
| 3938 | roadways during the peak hour from the complete buildout of a |
| 3939 | stage or phase being approved, divided by the change in the peak |
| 3940 | hour maximum service volume of roadways resulting from |
| 3941 | construction of an improvement necessary to maintain the adopted |
| 3942 | level of service, multiplied by the construction cost, at the |
| 3943 | time of developer payment, of the improvement necessary to |
| 3944 | maintain the adopted level of service. For purposes of this |
| 3945 | subsection, "construction cost" includes all associated costs of |
| 3946 | the improvement. Proportionate-share mitigation shall be limited |
| 3947 | to ensure that a development of regional impact meeting the |
| 3948 | requirements of this subsection mitigates its impact on the |
| 3949 | transportation system but is not responsible for the additional |
| 3950 | cost of reducing or eliminating backlogs. This subsection also |
| 3951 | applies to Florida Quality Developments pursuant to s. 380.061 |
| 3952 | and to detailed specific area plans implementing optional sector |
| 3953 | plans pursuant to s. 163.3245. |
| 3954 | (b) As used in this subsection, the term "backlog" means a |
| 3955 | facility or facilities on which the adopted level-of-service |
| 3956 | standard is exceeded by the existing trips, plus additional |
| 3957 | projected background trips from any source other than the |
| 3958 | development project under review that are forecast by |
| 3959 | established traffic standards, including traffic modeling, |
| 3960 | consistent with the University of Florida Bureau of Economic and |
| 3961 | Business Research medium population projections. Additional |
| 3962 | projected background trips are to be coincident with the |
| 3963 | particular stage or phase of development under review. |
| 3964 | (13) School concurrency shall be established on a |
| 3965 | districtwide basis and shall include all public schools in the |
| 3966 | district and all portions of the district, whether located in a |
| 3967 | municipality or an unincorporated area unless exempt from the |
| 3968 | public school facilities element pursuant to s. 163.3177(12). |
| 3969 | (6)(a) If concurrency is applied to public education |
| 3970 | facilities, The application of school concurrency to development |
| 3971 | shall be based upon the adopted comprehensive plan, as amended. |
| 3972 | all local governments within a county, except as provided in |
| 3973 | paragraph (i) (f), shall include principles, guidelines, |
| 3974 | standards, and strategies, including adopted levels of service, |
| 3975 | in their comprehensive plans and adopt and transmit to the state |
| 3976 | land planning agency the necessary plan amendments, along with |
| 3977 | the interlocal agreements. If the county and one or more |
| 3978 | municipalities have adopted school concurrency into its |
| 3979 | comprehensive plan and interlocal agreement that represents at |
| 3980 | least 80 percent of the total countywide population, the failure |
| 3981 | of one or more municipalities to adopt the concurrency and enter |
| 3982 | into the interlocal agreement does not preclude implementation |
| 3983 | of school concurrency within jurisdictions of the school |
| 3984 | district that have opted to implement concurrency. agreement, |
| 3985 | for a compliance review pursuant to s. 163.3184(7) and (8). The |
| 3986 | minimum requirements for school concurrency are the following: |
| 3987 | (a) Public school facilities element.-A local government |
| 3988 | shall adopt and transmit to the state land planning agency a |
| 3989 | plan or plan amendment which includes a public school facilities |
| 3990 | element which is consistent with the requirements of s. |
| 3991 | 163.3177(12) and which is determined to be in compliance as |
| 3992 | defined in s. 163.3184(1)(b). All local government provisions |
| 3993 | included in comprehensive plans regarding school concurrency |
| 3994 | public school facilities plan elements within a county must be |
| 3995 | consistent with each other as well as the requirements of this |
| 3996 | part. |
| 3997 | (b) Level-of-service standards.-The Legislature recognizes |
| 3998 | that an essential requirement for a concurrency management |
| 3999 | system is the level of service at which a public facility is |
| 4000 | expected to operate. |
| 4001 | 1. Local governments and school boards imposing school |
| 4002 | concurrency shall exercise authority in conjunction with each |
| 4003 | other to establish jointly adequate level-of-service standards, |
| 4004 | as defined in chapter 9J-5, Florida Administrative Code, |
| 4005 | necessary to implement the adopted local government |
| 4006 | comprehensive plan, based on data and analysis. |
| 4007 | (c)2. Public school level-of-service standards shall be |
| 4008 | included and adopted into the capital improvements element of |
| 4009 | the local comprehensive plan and shall apply districtwide to all |
| 4010 | schools of the same type. Types of schools may include |
| 4011 | elementary, middle, and high schools as well as special purpose |
| 4012 | facilities such as magnet schools. |
| 4013 | (d)3. Local governments and school boards may shall have |
| 4014 | the option to utilize tiered level-of-service standards to allow |
| 4015 | time to achieve an adequate and desirable level of service as |
| 4016 | circumstances warrant. |
| 4017 | (e)4. For the purpose of determining whether levels of |
| 4018 | service have been achieved, for the first 3 years of school |
| 4019 | concurrency implementation, A school district that includes |
| 4020 | relocatable facilities in its inventory of student stations |
| 4021 | shall include the capacity of such relocatable facilities as |
| 4022 | provided in s. 1013.35(2)(b)2.f., provided the relocatable |
| 4023 | facilities were purchased after 1998 and the relocatable |
| 4024 | facilities meet the standards for long-term use pursuant to s. |
| 4025 | 1013.20. |
| 4026 | (c) Service areas.-The Legislature recognizes that an |
| 4027 | essential requirement for a concurrency system is a designation |
| 4028 | of the area within which the level of service will be measured |
| 4029 | when an application for a residential development permit is |
| 4030 | reviewed for school concurrency purposes. This delineation is |
| 4031 | also important for purposes of determining whether the local |
| 4032 | government has a financially feasible public school capital |
| 4033 | facilities program that will provide schools which will achieve |
| 4034 | and maintain the adopted level-of-service standards. |
| 4035 | (f)1. In order to balance competing interests, preserve |
| 4036 | the constitutional concept of uniformity, and avoid disruption |
| 4037 | of existing educational and growth management processes, local |
| 4038 | governments are encouraged, if they elect to adopt school |
| 4039 | concurrency, to initially apply school concurrency to |
| 4040 | development only on a districtwide basis so that a concurrency |
| 4041 | determination for a specific development will be based upon the |
| 4042 | availability of school capacity districtwide. To ensure that |
| 4043 | development is coordinated with schools having available |
| 4044 | capacity, within 5 years after adoption of school concurrency, |
| 4045 | 2. If a local government elects to governments shall apply |
| 4046 | school concurrency on a less than districtwide basis, by such as |
| 4047 | using school attendance zones or concurrency service areas:, as |
| 4048 | provided in subparagraph 2. |
| 4049 | a.2. For local governments applying school concurrency on |
| 4050 | a less than districtwide basis, such as utilizing school |
| 4051 | attendance zones or larger school concurrency service areas, |
| 4052 | Local governments and school boards shall have the burden to |
| 4053 | demonstrate that the utilization of school capacity is maximized |
| 4054 | to the greatest extent possible in the comprehensive plan and |
| 4055 | amendment, taking into account transportation costs and court- |
| 4056 | approved desegregation plans, as well as other factors. In |
| 4057 | addition, in order to achieve concurrency within the service |
| 4058 | area boundaries selected by local governments and school boards, |
| 4059 | the service area boundaries, together with the standards for |
| 4060 | establishing those boundaries, shall be identified and included |
| 4061 | as supporting data and analysis for the comprehensive plan. |
| 4062 | b.3. Where school capacity is available on a districtwide |
| 4063 | basis but school concurrency is applied on a less than |
| 4064 | districtwide basis in the form of concurrency service areas, if |
| 4065 | the adopted level-of-service standard cannot be met in a |
| 4066 | particular service area as applied to an application for a |
| 4067 | development permit and if the needed capacity for the particular |
| 4068 | service area is available in one or more contiguous service |
| 4069 | areas, as adopted by the local government, then the local |
| 4070 | government may not deny an application for site plan or final |
| 4071 | subdivision approval or the functional equivalent for a |
| 4072 | development or phase of a development on the basis of school |
| 4073 | concurrency, and if issued, development impacts shall be |
| 4074 | subtracted from the shifted to contiguous service area's areas |
| 4075 | with schools having available capacity totals. Students from the |
| 4076 | development may not be required to go to the adjacent service |
| 4077 | area unless the school board rezones the area in which the |
| 4078 | development occurs. |
| 4079 | (g)(d) Financial feasibility.-The Legislature recognizes |
| 4080 | that financial feasibility is an important issue because The |
| 4081 | premise of concurrency is that the public facilities will be |
| 4082 | provided in order to achieve and maintain the adopted level-of- |
| 4083 | service standard. This part and chapter 9J-5, Florida |
| 4084 | Administrative Code, contain specific standards to determine the |
| 4085 | financial feasibility of capital programs. These standards were |
| 4086 | adopted to make concurrency more predictable and local |
| 4087 | governments more accountable. |
| 4088 | 1. A comprehensive plan that imposes amendment seeking to |
| 4089 | impose school concurrency shall contain appropriate amendments |
| 4090 | to the capital improvements element of the comprehensive plan, |
| 4091 | consistent with the requirements of s. 163.3177(3) and rule 9J- |
| 4092 | 5.016, Florida Administrative Code. The capital improvements |
| 4093 | element shall identify facilities necessary to meet adopted |
| 4094 | levels of service during a 5-year period consistent with the |
| 4095 | school board's educational set forth a financially feasible |
| 4096 | public school capital facilities plan program, established in |
| 4097 | conjunction with the school board, that demonstrates that the |
| 4098 | adopted level-of-service standards will be achieved and |
| 4099 | maintained. |
| 4100 | (h)1. In order to limit the liability of local |
| 4101 | governments, a local government may allow a landowner to proceed |
| 4102 | with development of a specific parcel of land notwithstanding a |
| 4103 | failure of the development to satisfy school concurrency, if all |
| 4104 | the following factors are shown to exist: |
| 4105 | a. The proposed development would be consistent with the |
| 4106 | future land use designation for the specific property and with |
| 4107 | pertinent portions of the adopted local plan, as determined by |
| 4108 | the local government. |
| 4109 | b. The local government's capital improvements element and |
| 4110 | the school board's educational facilities plan provide for |
| 4111 | school facilities adequate to serve the proposed development, |
| 4112 | and the local government or school board has not implemented |
| 4113 | that element or the project includes a plan that demonstrates |
| 4114 | that the capital facilities needed as a result of the project |
| 4115 | can be reasonably provided. |
| 4116 | c. The local government and school board have provided a |
| 4117 | means by which the landowner will be assessed a proportionate |
| 4118 | share of the cost of providing the school facilities necessary |
| 4119 | to serve the proposed development. |
| 4120 | 2. Such amendments shall demonstrate that the public |
| 4121 | school capital facilities program meets all of the financial |
| 4122 | feasibility standards of this part and chapter 9J-5, Florida |
| 4123 | Administrative Code, that apply to capital programs which |
| 4124 | provide the basis for mandatory concurrency on other public |
| 4125 | facilities and services. |
| 4126 | 3. When the financial feasibility of a public school |
| 4127 | capital facilities program is evaluated by the state land |
| 4128 | planning agency for purposes of a compliance determination, the |
| 4129 | evaluation shall be based upon the service areas selected by the |
| 4130 | local governments and school board. |
| 4131 | 2.(e) Availability standard.-Consistent with the public |
| 4132 | welfare, If a local government applies school concurrency, it |
| 4133 | may not deny an application for site plan, final subdivision |
| 4134 | approval, or the functional equivalent for a development or |
| 4135 | phase of a development authorizing residential development for |
| 4136 | failure to achieve and maintain the level-of-service standard |
| 4137 | for public school capacity in a local school concurrency |
| 4138 | management system where adequate school facilities will be in |
| 4139 | place or under actual construction within 3 years after the |
| 4140 | issuance of final subdivision or site plan approval, or the |
| 4141 | functional equivalent. School concurrency is satisfied if the |
| 4142 | developer executes a legally binding commitment to provide |
| 4143 | mitigation proportionate to the demand for public school |
| 4144 | facilities to be created by actual development of the property, |
| 4145 | including, but not limited to, the options described in sub- |
| 4146 | subparagraph a. subparagraph 1. Options for proportionate-share |
| 4147 | mitigation of impacts on public school facilities must be |
| 4148 | established in the comprehensive plan public school facilities |
| 4149 | element and the interlocal agreement pursuant to s. 163.31777. |
| 4150 | a.1. Appropriate mitigation options include the |
| 4151 | contribution of land; the construction, expansion, or payment |
| 4152 | for land acquisition or construction of a public school |
| 4153 | facility; the construction of a charter school that complies |
| 4154 | with the requirements of s. 1002.33(18); or the creation of |
| 4155 | mitigation banking based on the construction of a public school |
| 4156 | facility in exchange for the right to sell capacity credits. |
| 4157 | Such options must include execution by the applicant and the |
| 4158 | local government of a development agreement that constitutes a |
| 4159 | legally binding commitment to pay proportionate-share mitigation |
| 4160 | for the additional residential units approved by the local |
| 4161 | government in a development order and actually developed on the |
| 4162 | property, taking into account residential density allowed on the |
| 4163 | property prior to the plan amendment that increased the overall |
| 4164 | residential density. The district school board must be a party |
| 4165 | to such an agreement. As a condition of its entry into such a |
| 4166 | development agreement, the local government may require the |
| 4167 | landowner to agree to continuing renewal of the agreement upon |
| 4168 | its expiration. |
| 4169 | b.2. If the interlocal agreement education facilities plan |
| 4170 | and the local government comprehensive plan public educational |
| 4171 | facilities element authorize a contribution of land; the |
| 4172 | construction, expansion, or payment for land acquisition; the |
| 4173 | construction or expansion of a public school facility, or a |
| 4174 | portion thereof; or the construction of a charter school that |
| 4175 | complies with the requirements of s. 1002.33(18), as |
| 4176 | proportionate-share mitigation, the local government shall |
| 4177 | credit such a contribution, construction, expansion, or payment |
| 4178 | toward any other impact fee or exaction imposed by local |
| 4179 | ordinance for the same need, on a dollar-for-dollar basis at |
| 4180 | fair market value. |
| 4181 | c.3. Any proportionate-share mitigation must be directed |
| 4182 | by the school board toward a school capacity improvement |
| 4183 | identified in the a financially feasible 5-year school board's |
| 4184 | educational facilities district work plan that satisfies the |
| 4185 | demands created by the development in accordance with a binding |
| 4186 | developer's agreement. |
| 4187 | 4. If a development is precluded from commencing because |
| 4188 | there is inadequate classroom capacity to mitigate the impacts |
| 4189 | of the development, the development may nevertheless commence if |
| 4190 | there are accelerated facilities in an approved capital |
| 4191 | improvement element scheduled for construction in year four or |
| 4192 | later of such plan which, when built, will mitigate the proposed |
| 4193 | development, or if such accelerated facilities will be in the |
| 4194 | next annual update of the capital facilities element, the |
| 4195 | developer enters into a binding, financially guaranteed |
| 4196 | agreement with the school district to construct an accelerated |
| 4197 | facility within the first 3 years of an approved capital |
| 4198 | improvement plan, and the cost of the school facility is equal |
| 4199 | to or greater than the development's proportionate share. When |
| 4200 | the completed school facility is conveyed to the school |
| 4201 | district, the developer shall receive impact fee credits usable |
| 4202 | within the zone where the facility is constructed or any |
| 4203 | attendance zone contiguous with or adjacent to the zone where |
| 4204 | the facility is constructed. |
| 4205 | 3.5. This paragraph does not limit the authority of a |
| 4206 | local government to deny a development permit or its functional |
| 4207 | equivalent pursuant to its home rule regulatory powers, except |
| 4208 | as provided in this part. |
| 4209 | (i)(f) Intergovernmental coordination.- |
| 4210 | 1. When establishing concurrency requirements for public |
| 4211 | schools, a local government shall satisfy the requirements for |
| 4212 | intergovernmental coordination set forth in s. 163.3177(6)(h)1. |
| 4213 | and 2., except that A municipality is not required to be a |
| 4214 | signatory to the interlocal agreement required by paragraph (j) |
| 4215 | ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for |
| 4216 | imposition of school concurrency, and as a nonsignatory, may |
| 4217 | shall not participate in the adopted local school concurrency |
| 4218 | system, if the municipality meets all of the following criteria |
| 4219 | for having no significant impact on school attendance: |
| 4220 | 1.a. The municipality has issued development orders for |
| 4221 | fewer than 50 residential dwelling units during the preceding 5 |
| 4222 | years, or the municipality has generated fewer than 25 |
| 4223 | additional public school students during the preceding 5 years. |
| 4224 | 2.b. The municipality has not annexed new land during the |
| 4225 | preceding 5 years in land use categories which permit |
| 4226 | residential uses that will affect school attendance rates. |
| 4227 | 3.c. The municipality has no public schools located within |
| 4228 | its boundaries. |
| 4229 | 4.d. At least 80 percent of the developable land within |
| 4230 | the boundaries of the municipality has been built upon. |
| 4231 | 2. A municipality which qualifies as having no significant |
| 4232 | impact on school attendance pursuant to the criteria of |
| 4233 | subparagraph 1. must review and determine at the time of its |
| 4234 | evaluation and appraisal report pursuant to s. 163.3191 whether |
| 4235 | it continues to meet the criteria pursuant to s. 163.31777(6). |
| 4236 | If the municipality determines that it no longer meets the |
| 4237 | criteria, it must adopt appropriate school concurrency goals, |
| 4238 | objectives, and policies in its plan amendments based on the |
| 4239 | evaluation and appraisal report, and enter into the existing |
| 4240 | interlocal agreement required by ss. 163.3177(6)(h)2. and |
| 4241 | 163.31777, in order to fully participate in the school |
| 4242 | concurrency system. If such a municipality fails to do so, it |
| 4243 | will be subject to the enforcement provisions of s. 163.3191. |
| 4244 | (j)(g) Interlocal agreement for school concurrency.-When |
| 4245 | establishing concurrency requirements for public schools, a |
| 4246 | local government must enter into an interlocal agreement that |
| 4247 | satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and |
| 4248 | 163.31777 and the requirements of this subsection. The |
| 4249 | interlocal agreement shall acknowledge both the school board's |
| 4250 | constitutional and statutory obligations to provide a uniform |
| 4251 | system of free public schools on a countywide basis, and the |
| 4252 | land use authority of local governments, including their |
| 4253 | authority to approve or deny comprehensive plan amendments and |
| 4254 | development orders. The interlocal agreement shall be submitted |
| 4255 | to the state land planning agency by the local government as a |
| 4256 | part of the compliance review, along with the other necessary |
| 4257 | amendments to the comprehensive plan required by this part. In |
| 4258 | addition to the requirements of ss. 163.3177(6)(h) and |
| 4259 | 163.31777, The interlocal agreement shall meet the following |
| 4260 | requirements: |
| 4261 | 1. Establish the mechanisms for coordinating the |
| 4262 | development, adoption, and amendment of each local government's |
| 4263 | school concurrency related provisions of the comprehensive plan |
| 4264 | public school facilities element with each other and the plans |
| 4265 | of the school board to ensure a uniform districtwide school |
| 4266 | concurrency system. |
| 4267 | 2. Establish a process for the development of siting |
| 4268 | criteria which encourages the location of public schools |
| 4269 | proximate to urban residential areas to the extent possible and |
| 4270 | seeks to collocate schools with other public facilities such as |
| 4271 | parks, libraries, and community centers to the extent possible. |
| 4272 | 2.3. Specify uniform, districtwide level-of-service |
| 4273 | standards for public schools of the same type and the process |
| 4274 | for modifying the adopted level-of-service standards. |
| 4275 | 4. Establish a process for the preparation, amendment, and |
| 4276 | joint approval by each local government and the school board of |
| 4277 | a public school capital facilities program which is financially |
| 4278 | feasible, and a process and schedule for incorporation of the |
| 4279 | public school capital facilities program into the local |
| 4280 | government comprehensive plans on an annual basis. |
| 4281 | 3.5. Define the geographic application of school |
| 4282 | concurrency. If school concurrency is to be applied on a less |
| 4283 | than districtwide basis in the form of concurrency service |
| 4284 | areas, the agreement shall establish criteria and standards for |
| 4285 | the establishment and modification of school concurrency service |
| 4286 | areas. The agreement shall also establish a process and schedule |
| 4287 | for the mandatory incorporation of the school concurrency |
| 4288 | service areas and the criteria and standards for establishment |
| 4289 | of the service areas into the local government comprehensive |
| 4290 | plans. The agreement shall ensure maximum utilization of school |
| 4291 | capacity, taking into account transportation costs and court- |
| 4292 | approved desegregation plans, as well as other factors. The |
| 4293 | agreement shall also ensure the achievement and maintenance of |
| 4294 | the adopted level-of-service standards for the geographic area |
| 4295 | of application throughout the 5 years covered by the public |
| 4296 | school capital facilities plan and thereafter by adding a new |
| 4297 | fifth year during the annual update. |
| 4298 | 4.6. Establish a uniform districtwide procedure for |
| 4299 | implementing school concurrency which provides for: |
| 4300 | a. The evaluation of development applications for |
| 4301 | compliance with school concurrency requirements, including |
| 4302 | information provided by the school board on affected schools, |
| 4303 | impact on levels of service, and programmed improvements for |
| 4304 | affected schools and any options to provide sufficient capacity; |
| 4305 | b. An opportunity for the school board to review and |
| 4306 | comment on the effect of comprehensive plan amendments and |
| 4307 | rezonings on the public school facilities plan; and |
| 4308 | c. The monitoring and evaluation of the school concurrency |
| 4309 | system. |
| 4310 | 7. Include provisions relating to amendment of the |
| 4311 | agreement. |
| 4312 | 5.8. A process and uniform methodology for determining |
| 4313 | proportionate-share mitigation pursuant to paragraph (h) |
| 4314 | subparagraph (e)1. |
| 4315 | (k)(h) Local government authority.-This subsection does |
| 4316 | not limit the authority of a local government to grant or deny a |
| 4317 | development permit or its functional equivalent prior to the |
| 4318 | implementation of school concurrency. |
| 4319 | (14) The state land planning agency shall, by October 1, |
| 4320 | 1998, adopt by rule minimum criteria for the review and |
| 4321 | determination of compliance of a public school facilities |
| 4322 | element adopted by a local government for purposes of imposition |
| 4323 | of school concurrency. |
| 4324 | (15)(a) Multimodal transportation districts may be |
| 4325 | established under a local government comprehensive plan in areas |
| 4326 | delineated on the future land use map for which the local |
| 4327 | comprehensive plan assigns secondary priority to vehicle |
| 4328 | mobility and primary priority to assuring a safe, comfortable, |
| 4329 | and attractive pedestrian environment, with convenient |
| 4330 | interconnection to transit. Such districts must incorporate |
| 4331 | community design features that will reduce the number of |
| 4332 | automobile trips or vehicle miles of travel and will support an |
| 4333 | integrated, multimodal transportation system. Prior to the |
| 4334 | designation of multimodal transportation districts, the |
| 4335 | Department of Transportation shall be consulted by the local |
| 4336 | government to assess the impact that the proposed multimodal |
| 4337 | district area is expected to have on the adopted level-of- |
| 4338 | service standards established for Strategic Intermodal System |
| 4339 | facilities, as defined in s. 339.64, and roadway facilities |
| 4340 | funded in accordance with s. 339.2819. Further, the local |
| 4341 | government shall, in cooperation with the Department of |
| 4342 | Transportation, develop a plan to mitigate any impacts to the |
| 4343 | Strategic Intermodal System, including the development of a |
| 4344 | long-term concurrency management system pursuant to subsection |
| 4345 | (9) and s. 163.3177(3)(d). Multimodal transportation districts |
| 4346 | existing prior to July 1, 2005, shall meet, at a minimum, the |
| 4347 | provisions of this section by July 1, 2006, or at the time of |
| 4348 | the comprehensive plan update pursuant to the evaluation and |
| 4349 | appraisal report, whichever occurs last. |
| 4350 | (b) Community design elements of such a district include: |
| 4351 | a complementary mix and range of land uses, including |
| 4352 | educational, recreational, and cultural uses; interconnected |
| 4353 | networks of streets designed to encourage walking and bicycling, |
| 4354 | with traffic-calming where desirable; appropriate densities and |
| 4355 | intensities of use within walking distance of transit stops; |
| 4356 | daily activities within walking distance of residences, allowing |
| 4357 | independence to persons who do not drive; public uses, streets, |
| 4358 | and squares that are safe, comfortable, and attractive for the |
| 4359 | pedestrian, with adjoining buildings open to the street and with |
| 4360 | parking not interfering with pedestrian, transit, automobile, |
| 4361 | and truck travel modes. |
| 4362 | (c) Local governments may establish multimodal level-of- |
| 4363 | service standards that rely primarily on nonvehicular modes of |
| 4364 | transportation within the district, when justified by an |
| 4365 | analysis demonstrating that the existing and planned community |
| 4366 | design will provide an adequate level of mobility within the |
| 4367 | district based upon professionally accepted multimodal level-of- |
| 4368 | service methodologies. The analysis must also demonstrate that |
| 4369 | the capital improvements required to promote community design |
| 4370 | are financially feasible over the development or redevelopment |
| 4371 | timeframe for the district and that community design features |
| 4372 | within the district provide convenient interconnection for a |
| 4373 | multimodal transportation system. Local governments may issue |
| 4374 | development permits in reliance upon all planned community |
| 4375 | design capital improvements that are financially feasible over |
| 4376 | the development or redevelopment timeframe for the district, |
| 4377 | without regard to the period of time between development or |
| 4378 | redevelopment and the scheduled construction of the capital |
| 4379 | improvements. A determination of financial feasibility shall be |
| 4380 | based upon currently available funding or funding sources that |
| 4381 | could reasonably be expected to become available over the |
| 4382 | planning period. |
| 4383 | (d) Local governments may reduce impact fees or local |
| 4384 | access fees for development within multimodal transportation |
| 4385 | districts based on the reduction of vehicle trips per household |
| 4386 | or vehicle miles of travel expected from the development pattern |
| 4387 | planned for the district. |
| 4388 | (16) It is the intent of the Legislature to provide a |
| 4389 | method by which the impacts of development on transportation |
| 4390 | facilities can be mitigated by the cooperative efforts of the |
| 4391 | public and private sectors. The methodology used to calculate |
| 4392 | proportionate fair-share mitigation under this section shall be |
| 4393 | as provided for in subsection (12). |
| 4394 | (a) By December 1, 2006, each local government shall adopt |
| 4395 | by ordinance a methodology for assessing proportionate fair- |
| 4396 | share mitigation options. By December 1, 2005, the Department of |
| 4397 | Transportation shall develop a model transportation concurrency |
| 4398 | management ordinance with methodologies for assessing |
| 4399 | proportionate fair-share mitigation options. |
| 4400 | (b)1. In its transportation concurrency management system, |
| 4401 | a local government shall, by December 1, 2006, include |
| 4402 | methodologies that will be applied to calculate proportionate |
| 4403 | fair-share mitigation. A developer may choose to satisfy all |
| 4404 | transportation concurrency requirements by contributing or |
| 4405 | paying proportionate fair-share mitigation if transportation |
| 4406 | facilities or facility segments identified as mitigation for |
| 4407 | traffic impacts are specifically identified for funding in the |
| 4408 | 5-year schedule of capital improvements in the capital |
| 4409 | improvements element of the local plan or the long-term |
| 4410 | concurrency management system or if such contributions or |
| 4411 | payments to such facilities or segments are reflected in the 5- |
| 4412 | year schedule of capital improvements in the next regularly |
| 4413 | scheduled update of the capital improvements element. Updates to |
| 4414 | the 5-year capital improvements element which reflect |
| 4415 | proportionate fair-share contributions may not be found not in |
| 4416 | compliance based on ss. 163.3164(32) and 163.3177(3) if |
| 4417 | additional contributions, payments or funding sources are |
| 4418 | reasonably anticipated during a period not to exceed 10 years to |
| 4419 | fully mitigate impacts on the transportation facilities. |
| 4420 | 2. Proportionate fair-share mitigation shall be applied as |
| 4421 | a credit against impact fees to the extent that all or a portion |
| 4422 | of the proportionate fair-share mitigation is used to address |
| 4423 | the same capital infrastructure improvements contemplated by the |
| 4424 | local government's impact fee ordinance. |
| 4425 | (c) Proportionate fair-share mitigation includes, without |
| 4426 | limitation, separately or collectively, private funds, |
| 4427 | contributions of land, and construction and contribution of |
| 4428 | facilities and may include public funds as determined by the |
| 4429 | local government. Proportionate fair-share mitigation may be |
| 4430 | directed toward one or more specific transportation improvements |
| 4431 | reasonably related to the mobility demands created by the |
| 4432 | development and such improvements may address one or more modes |
| 4433 | of travel. The fair market value of the proportionate fair-share |
| 4434 | mitigation shall not differ based on the form of mitigation. A |
| 4435 | local government may not require a development to pay more than |
| 4436 | its proportionate fair-share contribution regardless of the |
| 4437 | method of mitigation. Proportionate fair-share mitigation shall |
| 4438 | be limited to ensure that a development meeting the requirements |
| 4439 | of this section mitigates its impact on the transportation |
| 4440 | system but is not responsible for the additional cost of |
| 4441 | reducing or eliminating backlogs. |
| 4442 | (d) This subsection does not require a local government to |
| 4443 | approve a development that is not otherwise qualified for |
| 4444 | approval pursuant to the applicable local comprehensive plan and |
| 4445 | land development regulations. |
| 4446 | (e) Mitigation for development impacts to facilities on |
| 4447 | the Strategic Intermodal System made pursuant to this subsection |
| 4448 | requires the concurrence of the Department of Transportation. |
| 4449 | (f) If the funds in an adopted 5-year capital improvements |
| 4450 | element are insufficient to fully fund construction of a |
| 4451 | transportation improvement required by the local government's |
| 4452 | concurrency management system, a local government and a |
| 4453 | developer may still enter into a binding proportionate-share |
| 4454 | agreement authorizing the developer to construct that amount of |
| 4455 | development on which the proportionate share is calculated if |
| 4456 | the proportionate-share amount in such agreement is sufficient |
| 4457 | to pay for one or more improvements which will, in the opinion |
| 4458 | of the governmental entity or entities maintaining the |
| 4459 | transportation facilities, significantly benefit the impacted |
| 4460 | transportation system. The improvements funded by the |
| 4461 | proportionate-share component must be adopted into the 5-year |
| 4462 | capital improvements schedule of the comprehensive plan at the |
| 4463 | next annual capital improvements element update. The funding of |
| 4464 | any improvements that significantly benefit the impacted |
| 4465 | transportation system satisfies concurrency requirements as a |
| 4466 | mitigation of the development's impact upon the overall |
| 4467 | transportation system even if there remains a failure of |
| 4468 | concurrency on other impacted facilities. |
| 4469 | (g) Except as provided in subparagraph (b)1., this section |
| 4470 | may not prohibit the Department of Community Affairs from |
| 4471 | finding other portions of the capital improvements element |
| 4472 | amendments not in compliance as provided in this chapter. |
| 4473 | (h) The provisions of this subsection do not apply to a |
| 4474 | development of regional impact satisfying the requirements of |
| 4475 | subsection (12). |
| 4476 | (i) As used in this subsection, the term "backlog" means a |
| 4477 | facility or facilities on which the adopted level-of-service |
| 4478 | standard is exceeded by the existing trips, plus additional |
| 4479 | projected background trips from any source other than the |
| 4480 | development project under review that are forecast by |
| 4481 | established traffic standards, including traffic modeling, |
| 4482 | consistent with the University of Florida Bureau of Economic and |
| 4483 | Business Research medium population projections. Additional |
| 4484 | projected background trips are to be coincident with the |
| 4485 | particular stage or phase of development under review. |
| 4486 | (17) A local government and the developer of affordable |
| 4487 | workforce housing units developed in accordance with s. |
| 4488 | 380.06(19) or s. 380.0651(3) may identify an employment center |
| 4489 | or centers in close proximity to the affordable workforce |
| 4490 | housing units. If at least 50 percent of the units are occupied |
| 4491 | by an employee or employees of an identified employment center |
| 4492 | or centers, all of the affordable workforce housing units are |
| 4493 | exempt from transportation concurrency requirements, and the |
| 4494 | local government may not reduce any transportation trip- |
| 4495 | generation entitlements of an approved development-of-regional- |
| 4496 | impact development order. As used in this subsection, the term |
| 4497 | "close proximity" means 5 miles from the nearest point of the |
| 4498 | development of regional impact to the nearest point of the |
| 4499 | employment center, and the term "employment center" means a |
| 4500 | place of employment that employs at least 25 or more full-time |
| 4501 | employees. |
| 4502 | Section 16. Section 163.3182, Florida Statutes, is amended |
| 4503 | to read: |
| 4504 | 163.3182 Transportation deficiencies concurrency |
| 4505 | backlogs.- |
| 4506 | (1) DEFINITIONS.-For purposes of this section, the term: |
| 4507 | (a) "Transportation deficiency concurrency backlog area" |
| 4508 | means the geographic area within the unincorporated portion of a |
| 4509 | county or within the municipal boundary of a municipality |
| 4510 | designated in a local government comprehensive plan for which a |
| 4511 | transportation development concurrency backlog authority is |
| 4512 | created pursuant to this section. A transportation deficiency |
| 4513 | concurrency backlog area created within the corporate boundary |
| 4514 | of a municipality shall be made pursuant to an interlocal |
| 4515 | agreement between a county, a municipality or municipalities, |
| 4516 | and any affected taxing authority or authorities. |
| 4517 | (b) "Authority" or "transportation development concurrency |
| 4518 | backlog authority" means the governing body of a county or |
| 4519 | municipality within which an authority is created. |
| 4520 | (c) "Governing body" means the council, commission, or |
| 4521 | other legislative body charged with governing the county or |
| 4522 | municipality within which an a transportation concurrency |
| 4523 | backlog authority is created pursuant to this section. |
| 4524 | (d) "Transportation deficiency concurrency backlog" means |
| 4525 | an identified need deficiency where the existing and projected |
| 4526 | extent of traffic volume exceeds the level of service standard |
| 4527 | adopted in a local government comprehensive plan for a |
| 4528 | transportation facility. |
| 4529 | (e) "Transportation sufficiency concurrency backlog plan" |
| 4530 | means the plan adopted as part of a local government |
| 4531 | comprehensive plan by the governing body of a county or |
| 4532 | municipality acting as a transportation development concurrency |
| 4533 | backlog authority. |
| 4534 | (f) "Transportation concurrency backlog project" means any |
| 4535 | designated transportation project identified for construction |
| 4536 | within the jurisdiction of a transportation development |
| 4537 | concurrency backlog authority. |
| 4538 | (g) "Debt service millage" means any millage levied |
| 4539 | pursuant to s. 12, Art. VII of the State Constitution. |
| 4540 | (h) "Increment revenue" means the amount calculated |
| 4541 | pursuant to subsection (5). |
| 4542 | (i) "Taxing authority" means a public body that levies or |
| 4543 | is authorized to levy an ad valorem tax on real property located |
| 4544 | within a transportation deficiency concurrency backlog area, |
| 4545 | except a school district. |
| 4546 | (2) CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY |
| 4547 | BACKLOG AUTHORITIES.- |
| 4548 | (a) A county or municipality may create a transportation |
| 4549 | development concurrency backlog authority if it has an |
| 4550 | identified transportation deficiency concurrency backlog. |
| 4551 | (b) Acting as the transportation development concurrency |
| 4552 | backlog authority within the authority's jurisdictional |
| 4553 | boundary, the governing body of a county or municipality shall |
| 4554 | adopt and implement a plan to eliminate all identified |
| 4555 | transportation deficiencies concurrency backlogs within the |
| 4556 | authority's jurisdiction using funds provided pursuant to |
| 4557 | subsection (5) and as otherwise provided pursuant to this |
| 4558 | section. |
| 4559 | (c) The Legislature finds and declares that there exist in |
| 4560 | many counties and municipalities areas that have significant |
| 4561 | transportation deficiencies and inadequate transportation |
| 4562 | facilities; that many insufficiencies and inadequacies severely |
| 4563 | limit or prohibit the satisfaction of transportation level of |
| 4564 | service concurrency standards; that the transportation |
| 4565 | insufficiencies and inadequacies affect the health, safety, and |
| 4566 | welfare of the residents of these counties and municipalities; |
| 4567 | that the transportation insufficiencies and inadequacies |
| 4568 | adversely affect economic development and growth of the tax base |
| 4569 | for the areas in which these insufficiencies and inadequacies |
| 4570 | exist; and that the elimination of transportation deficiencies |
| 4571 | and inadequacies and the satisfaction of transportation |
| 4572 | concurrency standards are paramount public purposes for the |
| 4573 | state and its counties and municipalities. |
| 4574 | (3) POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY |
| 4575 | BACKLOG AUTHORITY.-Each transportation development concurrency |
| 4576 | backlog authority created pursuant to this section has the |
| 4577 | powers necessary or convenient to carry out the purposes of this |
| 4578 | section, including the following powers in addition to others |
| 4579 | granted in this section: |
| 4580 | (a) To make and execute contracts and other instruments |
| 4581 | necessary or convenient to the exercise of its powers under this |
| 4582 | section. |
| 4583 | (b) To undertake and carry out transportation concurrency |
| 4584 | backlog projects for transportation facilities designed to |
| 4585 | relieve transportation deficiencies that have a concurrency |
| 4586 | backlog within the authority's jurisdiction. Transportation |
| 4587 | Concurrency backlog projects may include transportation |
| 4588 | facilities that provide for alternative modes of travel |
| 4589 | including sidewalks, bikeways, and mass transit which are |
| 4590 | related to a deficient backlogged transportation facility. |
| 4591 | (c) To invest any transportation concurrency backlog funds |
| 4592 | held in reserve, sinking funds, or any such funds not required |
| 4593 | for immediate disbursement in property or securities in which |
| 4594 | savings banks may legally invest funds subject to the control of |
| 4595 | the authority and to redeem such bonds as have been issued |
| 4596 | pursuant to this section at the redemption price established |
| 4597 | therein, or to purchase such bonds at less than redemption |
| 4598 | price. All such bonds redeemed or purchased shall be canceled. |
| 4599 | (d) To borrow money, including, but not limited to, |
| 4600 | issuing debt obligations such as, but not limited to, bonds, |
| 4601 | notes, certificates, and similar debt instruments; to apply for |
| 4602 | and accept advances, loans, grants, contributions, and any other |
| 4603 | forms of financial assistance from the Federal Government or the |
| 4604 | state, county, or any other public body or from any sources, |
| 4605 | public or private, for the purposes of this part; to give such |
| 4606 | security as may be required; to enter into and carry out |
| 4607 | contracts or agreements; and to include in any contracts for |
| 4608 | financial assistance with the Federal Government for or with |
| 4609 | respect to a transportation concurrency backlog project and |
| 4610 | related activities such conditions imposed under federal laws as |
| 4611 | the transportation development concurrency backlog authority |
| 4612 | considers reasonable and appropriate and which are not |
| 4613 | inconsistent with the purposes of this section. |
| 4614 | (e) To make or have made all surveys and plans necessary |
| 4615 | to the carrying out of the purposes of this section; to contract |
| 4616 | with any persons, public or private, in making and carrying out |
| 4617 | such plans; and to adopt, approve, modify, or amend such |
| 4618 | transportation sufficiency concurrency backlog plans. |
| 4619 | (f) To appropriate such funds and make such expenditures |
| 4620 | as are necessary to carry out the purposes of this section, and |
| 4621 | to enter into agreements with other public bodies, which |
| 4622 | agreements may extend over any period notwithstanding any |
| 4623 | provision or rule of law to the contrary. |
| 4624 | (4) TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.- |
| 4625 | (a) Each transportation development concurrency backlog |
| 4626 | authority shall adopt a transportation sufficiency concurrency |
| 4627 | backlog plan as a part of the local government comprehensive |
| 4628 | plan within 6 months after the creation of the authority. The |
| 4629 | plan must: |
| 4630 | (a)1. Identify all transportation facilities that have |
| 4631 | been designated as deficient and require the expenditure of |
| 4632 | moneys to upgrade, modify, or mitigate the deficiency. |
| 4633 | (b)2. Include a priority listing of all transportation |
| 4634 | facilities that have been designated as deficient and do not |
| 4635 | satisfy concurrency requirements pursuant to s. 163.3180, and |
| 4636 | the applicable local government comprehensive plan. |
| 4637 | (c)3. Establish a schedule for financing and construction |
| 4638 | of transportation concurrency backlog projects that will |
| 4639 | eliminate transportation deficiencies concurrency backlogs |
| 4640 | within the jurisdiction of the authority within 10 years after |
| 4641 | the transportation sufficiency concurrency backlog plan |
| 4642 | adoption. The schedule shall be adopted as part of the local |
| 4643 | government comprehensive plan. |
| 4644 | (b) The adoption of the transportation concurrency backlog |
| 4645 | plan shall be exempt from the provisions of s. 163.3187(1). |
| 4646 |
|
| 4647 | Notwithstanding such schedule requirements, as long as the |
| 4648 | schedule provides for the elimination of all transportation |
| 4649 | deficiencies concurrency backlogs within 10 years after the |
| 4650 | adoption of the transportation sufficiency concurrency backlog |
| 4651 | plan, the final maturity date of any debt incurred to finance or |
| 4652 | refinance the related projects may be no later than 40 years |
| 4653 | after the date the debt is incurred and the authority may |
| 4654 | continue operations and administer the trust fund established as |
| 4655 | provided in subsection (5) for as long as the debt remains |
| 4656 | outstanding. |
| 4657 | (5) ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation |
| 4658 | development concurrency backlog authority shall establish a |
| 4659 | local transportation concurrency backlog trust fund upon |
| 4660 | creation of the authority. Each local trust fund shall be |
| 4661 | administered by the transportation development concurrency |
| 4662 | backlog authority within which a transportation deficiencies |
| 4663 | have concurrency backlog has been identified. Each local trust |
| 4664 | fund must continue to be funded under this section for as long |
| 4665 | as the projects set forth in the related transportation |
| 4666 | sufficiency concurrency backlog plan remain to be completed or |
| 4667 | until any debt incurred to finance or refinance the related |
| 4668 | projects is no longer outstanding, whichever occurs later. |
| 4669 | Beginning in the first fiscal year after the creation of the |
| 4670 | authority, each local trust fund shall be funded by the proceeds |
| 4671 | of an ad valorem tax increment collected within each |
| 4672 | transportation deficiency concurrency backlog area to be |
| 4673 | determined annually and shall be a minimum of 25 percent of the |
| 4674 | difference between the amounts set forth in paragraphs (a) and |
| 4675 | (b), except that if all of the affected taxing authorities agree |
| 4676 | under an interlocal agreement, a particular local trust fund may |
| 4677 | be funded by the proceeds of an ad valorem tax increment greater |
| 4678 | than 25 percent of the difference between the amounts set forth |
| 4679 | in paragraphs (a) and (b): |
| 4680 | (a) The amount of ad valorem tax levied each year by each |
| 4681 | taxing authority, exclusive of any amount from any debt service |
| 4682 | millage, on taxable real property contained within the |
| 4683 | jurisdiction of the transportation development concurrency |
| 4684 | backlog authority and within the transportation deficiency |
| 4685 | backlog area; and |
| 4686 | (b) The amount of ad valorem taxes which would have been |
| 4687 | produced by the rate upon which the tax is levied each year by |
| 4688 | or for each taxing authority, exclusive of any debt service |
| 4689 | millage, upon the total of the assessed value of the taxable |
| 4690 | real property within the transportation deficiency concurrency |
| 4691 | backlog area as shown on the most recent assessment roll used in |
| 4692 | connection with the taxation of such property of each taxing |
| 4693 | authority prior to the effective date of the ordinance funding |
| 4694 | the trust fund. |
| 4695 | (6) EXEMPTIONS.- |
| 4696 | (a) The following public bodies or taxing authorities are |
| 4697 | exempt from the provisions of this section: |
| 4698 | 1. A special district that levies ad valorem taxes on |
| 4699 | taxable real property in more than one county. |
| 4700 | 2. A special district for which the sole available source |
| 4701 | of revenue is the authority to levy ad valorem taxes at the time |
| 4702 | an ordinance is adopted under this section. However, revenues or |
| 4703 | aid that may be dispensed or appropriated to a district as |
| 4704 | defined in s. 388.011 at the discretion of an entity other than |
| 4705 | such district are shall not be deemed available. |
| 4706 | 3. A library district. |
| 4707 | 4. A neighborhood improvement district created under the |
| 4708 | Safe Neighborhoods Act. |
| 4709 | 5. A metropolitan transportation authority. |
| 4710 | 6. A water management district created under s. 373.069. |
| 4711 | 7. A community redevelopment agency. |
| 4712 | (b) A transportation development concurrency exemption |
| 4713 | authority may also exempt from this section a special district |
| 4714 | that levies ad valorem taxes within the transportation |
| 4715 | deficiency concurrency backlog area pursuant to s. |
| 4716 | 163.387(2)(d). |
| 4717 | (7) TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption |
| 4718 | of a transportation sufficiency concurrency backlog plan as a |
| 4719 | part of the local government comprehensive plan, and the plan |
| 4720 | going into effect, the area subject to the plan shall be deemed |
| 4721 | to have achieved and maintained transportation level-of-service |
| 4722 | standards, and to have met requirements for financial |
| 4723 | feasibility for transportation facilities, and for the purpose |
| 4724 | of proposed development transportation concurrency has been |
| 4725 | satisfied. Proportionate fair-share mitigation shall be limited |
| 4726 | to ensure that a development inside a transportation deficiency |
| 4727 | concurrency backlog area is not responsible for the additional |
| 4728 | costs of eliminating deficiencies backlogs. |
| 4729 | (8) DISSOLUTION.-Upon completion of all transportation |
| 4730 | concurrency backlog projects identified in the transportation |
| 4731 | sufficiency plan and repayment or defeasance of all debt issued |
| 4732 | to finance or refinance such projects, a transportation |
| 4733 | development concurrency backlog authority shall be dissolved, |
| 4734 | and its assets and liabilities transferred to the county or |
| 4735 | municipality within which the authority is located. All |
| 4736 | remaining assets of the authority must be used for |
| 4737 | implementation of transportation projects within the |
| 4738 | jurisdiction of the authority. The local government |
| 4739 | comprehensive plan shall be amended to remove the transportation |
| 4740 | concurrency backlog plan. |
| 4741 | Section 17. Section 163.3184, Florida Statutes, is amended |
| 4742 | to read: |
| 4743 | 163.3184 Process for adoption of comprehensive plan or |
| 4744 | plan amendment.- |
| 4745 | (1) DEFINITIONS.-As used in this section, the term: |
| 4746 | (a) "Affected person" includes the affected local |
| 4747 | government; persons owning property, residing, or owning or |
| 4748 | operating a business within the boundaries of the local |
| 4749 | government whose plan is the subject of the review; owners of |
| 4750 | real property abutting real property that is the subject of a |
| 4751 | proposed change to a future land use map; and adjoining local |
| 4752 | governments that can demonstrate that the plan or plan amendment |
| 4753 | will produce substantial impacts on the increased need for |
| 4754 | publicly funded infrastructure or substantial impacts on areas |
| 4755 | designated for protection or special treatment within their |
| 4756 | jurisdiction. Each person, other than an adjoining local |
| 4757 | government, in order to qualify under this definition, shall |
| 4758 | also have submitted oral or written comments, recommendations, |
| 4759 | or objections to the local government during the period of time |
| 4760 | beginning with the transmittal hearing for the plan or plan |
| 4761 | amendment and ending with the adoption of the plan or plan |
| 4762 | amendment. |
| 4763 | (b) "In compliance" means consistent with the requirements |
| 4764 | of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and |
| 4765 | 163.3248 with the state comprehensive plan, with the appropriate |
| 4766 | strategic regional policy plan, and with chapter 9J-5, Florida |
| 4767 | Administrative Code, where such rule is not inconsistent with |
| 4768 | this part and with the principles for guiding development in |
| 4769 | designated areas of critical state concern and with part III of |
| 4770 | chapter 369, where applicable. |
| 4771 | (c) "Reviewing agencies" means: |
| 4772 | 1. The state land planning agency; |
| 4773 | 2. The appropriate regional planning council; |
| 4774 | 3. The appropriate water management district; |
| 4775 | 4. The Department of Environmental Protection; |
| 4776 | 5. The Department of State; |
| 4777 | 6. The Department of Transportation; |
| 4778 | 7. In the case of plan amendments relating to public |
| 4779 | schools, the Department of Education; |
| 4780 | 8. In the case of plans or plan amendments that affect a |
| 4781 | military installation listed in s. 163.3175, the commanding |
| 4782 | officer of the affected military installation; |
| 4783 | 9. In the case of county plans and plan amendments, the |
| 4784 | Fish and Wildlife Conservation Commission and the Department of |
| 4785 | Agriculture and Consumer Services; and |
| 4786 | 10. In the case of municipal plans and plan amendments, |
| 4787 | the county in which the municipality is located. |
| 4788 | (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.- |
| 4789 | (a) Plan amendments adopted by local governments shall |
| 4790 | follow the expedited state review process in subsection (3), |
| 4791 | except as set forth in paragraphs (b) and (c). |
| 4792 | (b) Plan amendments that qualify as small-scale |
| 4793 | development amendments may follow the small-scale review process |
| 4794 | in s. 163.3187. |
| 4795 | (c) Plan amendments that are in an area of critical state |
| 4796 | concern designated pursuant to s. 380.05; propose a rural land |
| 4797 | stewardship area pursuant to s. 163.3248; propose a sector plan |
| 4798 | pursuant to s. 163.3245; update a comprehensive plan based on an |
| 4799 | evaluation and appraisal pursuant to s. 163.3191; or are new |
| 4800 | plans for newly incorporated municipalities adopted pursuant to |
| 4801 | s. 163.3167 shall follow the state coordinated review process in |
| 4802 | subsection (4). |
| 4803 | (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF |
| 4804 | COMPREHENSIVE PLAN AMENDMENTS.- |
| 4805 | (a) The process for amending a comprehensive plan |
| 4806 | described in this subsection shall apply to all amendments |
| 4807 | except as provided in paragraphs (2)(b) and (c) and shall be |
| 4808 | applicable statewide. |
| 4809 | (b)1. The local government, after the initial public |
| 4810 | hearing held pursuant to subsection (11), shall transmit within |
| 4811 | 10 days the amendment or amendments and appropriate supporting |
| 4812 | data and analyses to the reviewing agencies. The local governing |
| 4813 | body shall also transmit a copy of the amendments and supporting |
| 4814 | data and analyses to any other local government or governmental |
| 4815 | agency that has filed a written request with the governing body. |
| 4816 | 2. The reviewing agencies and any other local government |
| 4817 | or governmental agency specified in subparagraph 1. may provide |
| 4818 | comments regarding the amendment or amendments to the local |
| 4819 | government. State agencies shall only comment on important state |
| 4820 | resources and facilities that will be adversely impacted by the |
| 4821 | amendment if adopted. Comments provided by state agencies shall |
| 4822 | state with specificity how the plan amendment will adversely |
| 4823 | impact an important state resource or facility and shall |
| 4824 | identify measures the local government may take to eliminate, |
| 4825 | reduce, or mitigate the adverse impacts. Such comments, if not |
| 4826 | resolved, may result in a challenge by the state land planning |
| 4827 | agency to the plan amendment. Agencies and local governments |
| 4828 | must transmit their comments to the affected local government |
| 4829 | such that they are received by the local government not later |
| 4830 | than 30 days from the date on which the agency or government |
| 4831 | received the amendment or amendments. Reviewing agencies shall |
| 4832 | also send a copy of their comments to the state land planning |
| 4833 | agency. |
| 4834 | 3. Comments to the local government from a regional |
| 4835 | planning council, county, or municipality shall be limited as |
| 4836 | follows: |
| 4837 | a. The regional planning council review and comments shall |
| 4838 | be limited to adverse effects on regional resources or |
| 4839 | facilities identified in the strategic regional policy plan and |
| 4840 | extrajurisdictional impacts that would be inconsistent with the |
| 4841 | comprehensive plan of any affected local government within the |
| 4842 | region. A regional planning council may not review and comment |
| 4843 | on a proposed comprehensive plan amendment prepared by such |
| 4844 | council unless the plan amendment has been changed by the local |
| 4845 | government subsequent to the preparation of the plan amendment |
| 4846 | by the regional planning council. |
| 4847 | b. County comments shall be in the context of the |
| 4848 | relationship and effect of the proposed plan amendments on the |
| 4849 | county plan. |
| 4850 | c. Municipal comments shall be in the context of the |
| 4851 | relationship and effect of the proposed plan amendments on the |
| 4852 | municipal plan. |
| 4853 | d. Military installation comments shall be provided in |
| 4854 | accordance with s. 163.3175. |
| 4855 | 4. Comments to the local government from state agencies |
| 4856 | shall be limited to the following subjects as they relate to |
| 4857 | important state resources and facilities that will be adversely |
| 4858 | impacted by the amendment if adopted: |
| 4859 | a. The Department of Environmental Protection shall limit |
| 4860 | its comments to the subjects of air and water pollution; |
| 4861 | wetlands and other surface waters of the state; federal and |
| 4862 | state-owned lands and interest in lands, including state parks, |
| 4863 | greenways and trails, and conservation easements; solid waste; |
| 4864 | water and wastewater treatment; and the Everglades ecosystem |
| 4865 | restoration. |
| 4866 | b. The Department of State shall limit its comments to the |
| 4867 | subjects of historic and archeological resources. |
| 4868 | c. The Department of Transportation shall limit its |
| 4869 | comments to the subject of the strategic intermodal system. |
| 4870 | d. The Fish and Wildlife Conservation Commission shall |
| 4871 | limit its comments to subjects relating to fish and wildlife |
| 4872 | habitat and listed species and their habitat. |
| 4873 | e. The Department of Agriculture and Consumer Services |
| 4874 | shall limit its comments to the subjects of agriculture, |
| 4875 | forestry, and aquaculture issues. |
| 4876 | f. The Department of Education shall limit its comments to |
| 4877 | the subject of public school facilities. |
| 4878 | g. The appropriate water management district shall limit |
| 4879 | its comments to flood protection and floodplain management, |
| 4880 | wetlands and other surface waters, and regional water supply. |
| 4881 | h. The state land planning agency shall limit its comments |
| 4882 | to important state resources and facilities outside the |
| 4883 | jurisdiction of other commenting state agencies and may include |
| 4884 | comments on countervailing planning policies and objectives |
| 4885 | served by the plan amendment that should be balanced against |
| 4886 | potential adverse impacts to important state resources and |
| 4887 | facilities. |
| 4888 | (c)1. The local government shall hold its second public |
| 4889 | hearing, which shall be a hearing on whether to adopt one or |
| 4890 | more comprehensive plan amendments pursuant to subsection (11). |
| 4891 | If the local government fails, within 180 days after receipt of |
| 4892 | agency comments, to hold the second public hearing, the |
| 4893 | amendments shall be deemed withdrawn unless extended by |
| 4894 | agreement with notice to the state land planning agency and any |
| 4895 | affected person that provided comments on the amendment. The |
| 4896 | 180-day limitation does not apply to amendments processed |
| 4897 | pursuant to s. 380.06. |
| 4898 | 2. All comprehensive plan amendments adopted by the |
| 4899 | governing body, along with the supporting data and analysis, |
| 4900 | shall be transmitted within 10 days after the second public |
| 4901 | hearing to the state land planning agency and any other agency |
| 4902 | or local government that provided timely comments under |
| 4903 | subparagraph (b)2. |
| 4904 | 3. The state land planning agency shall notify the local |
| 4905 | government of any deficiencies within 5 working days after |
| 4906 | receipt of an amendment package. For purposes of completeness, |
| 4907 | an amendment shall be deemed complete if it contains a full, |
| 4908 | executed copy of the adoption ordinance or ordinances; in the |
| 4909 | case of a text amendment, a full copy of the amended language in |
| 4910 | legislative format with new words inserted in the text |
| 4911 | underlined, and words deleted stricken with hyphens; in the case |
| 4912 | of a future land use map amendment, a copy of the future land |
| 4913 | use map clearly depicting the parcel, its existing future land |
| 4914 | use designation, and its adopted designation; and a copy of any |
| 4915 | data and analyses the local government deems appropriate. |
| 4916 | 4. An amendment adopted under this paragraph does not |
| 4917 | become effective until 31 days after the state land planning |
| 4918 | agency notifies the local government that the plan amendment |
| 4919 | package is complete. If timely challenged, an amendment does not |
| 4920 | become effective until the state land planning agency or the |
| 4921 | Administration Commission enters a final order determining the |
| 4922 | adopted amendment to be in compliance. |
| 4923 | (4) STATE COORDINATED REVIEW PROCESS.- |
| 4924 | (a)(2) Coordination.-The state land planning agency shall |
| 4925 | only use the state coordinated review process described in this |
| 4926 | subsection for review of comprehensive plans and plan amendments |
| 4927 | described in paragraph (2)(c). Each comprehensive plan or plan |
| 4928 | amendment proposed to be adopted pursuant to this subsection |
| 4929 | part shall be transmitted, adopted, and reviewed in the manner |
| 4930 | prescribed in this subsection section. The state land planning |
| 4931 | agency shall have responsibility for plan review, coordination, |
| 4932 | and the preparation and transmission of comments, pursuant to |
| 4933 | this subsection section, to the local governing body responsible |
| 4934 | for the comprehensive plan or plan amendment. The state land |
| 4935 | planning agency shall maintain a single file concerning any |
| 4936 | proposed or adopted plan amendment submitted by a local |
| 4937 | government for any review under this section. Copies of all |
| 4938 | correspondence, papers, notes, memoranda, and other documents |
| 4939 | received or generated by the state land planning agency must be |
| 4940 | placed in the appropriate file. Paper copies of all electronic |
| 4941 | mail correspondence must be placed in the file. The file and its |
| 4942 | contents must be available for public inspection and copying as |
| 4943 | provided in chapter 119. |
| 4944 | (b)(3) Local government transmittal of proposed plan or |
| 4945 | amendment.- |
| 4946 | (a) Each local governing body proposing a plan or plan |
| 4947 | amendment specified in paragraph (2)(c) shall transmit the |
| 4948 | complete proposed comprehensive plan or plan amendment to the |
| 4949 | reviewing agencies state land planning agency, the appropriate |
| 4950 | regional planning council and water management district, the |
| 4951 | Department of Environmental Protection, the Department of State, |
| 4952 | and the Department of Transportation, and, in the case of |
| 4953 | municipal plans, to the appropriate county, and, in the case of |
| 4954 | county plans, to the Fish and Wildlife Conservation Commission |
| 4955 | and the Department of Agriculture and Consumer Services, |
| 4956 | immediately following the first a public hearing pursuant to |
| 4957 | subsection (11). The transmitted document shall clearly indicate |
| 4958 | on the cover sheet that this plan amendment is subject to the |
| 4959 | state coordinated review process of s. 163.3184(4)(15) as |
| 4960 | specified in the state land planning agency's procedural rules. |
| 4961 | The local governing body shall also transmit a copy of the |
| 4962 | complete proposed comprehensive plan or plan amendment to any |
| 4963 | other unit of local government or government agency in the state |
| 4964 | that has filed a written request with the governing body for the |
| 4965 | plan or plan amendment. The local government may request a |
| 4966 | review by the state land planning agency pursuant to subsection |
| 4967 | (6) at the time of the transmittal of an amendment. |
| 4968 | (b) A local governing body shall not transmit portions of |
| 4969 | a plan or plan amendment unless it has previously provided to |
| 4970 | all state agencies designated by the state land planning agency |
| 4971 | a complete copy of its adopted comprehensive plan pursuant to |
| 4972 | subsection (7) and as specified in the agency's procedural |
| 4973 | rules. In the case of comprehensive plan amendments, the local |
| 4974 | governing body shall transmit to the state land planning agency, |
| 4975 | the appropriate regional planning council and water management |
| 4976 | district, the Department of Environmental Protection, the |
| 4977 | Department of State, and the Department of Transportation, and, |
| 4978 | in the case of municipal plans, to the appropriate county and, |
| 4979 | in the case of county plans, to the Fish and Wildlife |
| 4980 | Conservation Commission and the Department of Agriculture and |
| 4981 | Consumer Services the materials specified in the state land |
| 4982 | planning agency's procedural rules and, in cases in which the |
| 4983 | plan amendment is a result of an evaluation and appraisal report |
| 4984 | adopted pursuant to s. 163.3191, a copy of the evaluation and |
| 4985 | appraisal report. Local governing bodies shall consolidate all |
| 4986 | proposed plan amendments into a single submission for each of |
| 4987 | the two plan amendment adoption dates during the calendar year |
| 4988 | pursuant to s. 163.3187. |
| 4989 | (c) A local government may adopt a proposed plan amendment |
| 4990 | previously transmitted pursuant to this subsection, unless |
| 4991 | review is requested or otherwise initiated pursuant to |
| 4992 | subsection (6). |
| 4993 | (d) In cases in which a local government transmits |
| 4994 | multiple individual amendments that can be clearly and legally |
| 4995 | separated and distinguished for the purpose of determining |
| 4996 | whether to review the proposed amendment, and the state land |
| 4997 | planning agency elects to review several or a portion of the |
| 4998 | amendments and the local government chooses to immediately adopt |
| 4999 | the remaining amendments not reviewed, the amendments |
| 5000 | immediately adopted and any reviewed amendments that the local |
| 5001 | government subsequently adopts together constitute one amendment |
| 5002 | cycle in accordance with s. 163.3187(1). |
| 5003 | (e) At the request of an applicant, a local government |
| 5004 | shall consider an application for zoning changes that would be |
| 5005 | required to properly enact the provisions of any proposed plan |
| 5006 | amendment transmitted pursuant to this subsection. Zoning |
| 5007 | changes approved by the local government are contingent upon the |
| 5008 | comprehensive plan or plan amendment transmitted becoming |
| 5009 | effective. |
| 5010 | (c)(4) Reviewing agency comments INTERGOVERNMENTAL |
| 5011 | REVIEW.-The governmental agencies specified in paragraph (b) may |
| 5012 | paragraph (3)(a) shall provide comments regarding the plan or |
| 5013 | plan amendments in accordance with subparagraphs (3)(b)2.-4. |
| 5014 | However, comments on plans or plan amendments required to be |
| 5015 | reviewed under the state coordinated review process shall be |
| 5016 | sent to the state land planning agency within 30 days after |
| 5017 | receipt by the state land planning agency of the complete |
| 5018 | proposed plan or plan amendment from the local government. If |
| 5019 | the state land planning agency comments on a plan or plan |
| 5020 | amendment adopted under the state coordinated review process, it |
| 5021 | shall provide comments according to paragraph (d). Any other |
| 5022 | unit of local government or government agency specified in |
| 5023 | paragraph (b) may provide comments to the state land planning |
| 5024 | agency in accordance with subparagraphs (3)(b)2.-4. within 30 |
| 5025 | days after receipt by the state land planning agency of the |
| 5026 | complete proposed plan or plan amendment. If the plan or plan |
| 5027 | amendment includes or relates to the public school facilities |
| 5028 | element pursuant to s. 163.3177(12), the state land planning |
| 5029 | agency shall submit a copy to the Office of Educational |
| 5030 | Facilities of the Commissioner of Education for review and |
| 5031 | comment. The appropriate regional planning council shall also |
| 5032 | provide its written comments to the state land planning agency |
| 5033 | within 30 days after receipt by the state land planning agency |
| 5034 | of the complete proposed plan amendment and shall specify any |
| 5035 | objections, recommendations for modifications, and comments of |
| 5036 | any other regional agencies to which the regional planning |
| 5037 | council may have referred the proposed plan amendment. Written |
| 5038 | comments submitted by the public shall be sent directly to the |
| 5039 | local government within 30 days after notice of transmittal by |
| 5040 | the local government of the proposed plan amendment will be |
| 5041 | considered as if submitted by governmental agencies. All written |
| 5042 | agency and public comments must be made part of the file |
| 5043 | maintained under subsection (2). |
| 5044 | (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of |
| 5045 | the regional planning council pursuant to subsection (4) shall |
| 5046 | be limited to effects on regional resources or facilities |
| 5047 | identified in the strategic regional policy plan and |
| 5048 | extrajurisdictional impacts which would be inconsistent with the |
| 5049 | comprehensive plan of the affected local government. However, |
| 5050 | any inconsistency between a local plan or plan amendment and a |
| 5051 | strategic regional policy plan must not be the sole basis for a |
| 5052 | notice of intent to find a local plan or plan amendment not in |
| 5053 | compliance with this act. A regional planning council shall not |
| 5054 | review and comment on a proposed comprehensive plan it prepared |
| 5055 | itself unless the plan has been changed by the local government |
| 5056 | subsequent to the preparation of the plan by the regional |
| 5057 | planning agency. The review of the county land planning agency |
| 5058 | pursuant to subsection (4) shall be primarily in the context of |
| 5059 | the relationship and effect of the proposed plan amendment on |
| 5060 | any county comprehensive plan element. Any review by |
| 5061 | municipalities will be primarily in the context of the |
| 5062 | relationship and effect on the municipal plan. |
| 5063 | (d)(6) State land planning agency review.- |
| 5064 | (a) The state land planning agency shall review a proposed |
| 5065 | plan amendment upon request of a regional planning council, |
| 5066 | affected person, or local government transmitting the plan |
| 5067 | amendment. The request from the regional planning council or |
| 5068 | affected person must be received within 30 days after |
| 5069 | transmittal of the proposed plan amendment pursuant to |
| 5070 | subsection (3). A regional planning council or affected person |
| 5071 | requesting a review shall do so by submitting a written request |
| 5072 | to the agency with a notice of the request to the local |
| 5073 | government and any other person who has requested notice. |
| 5074 | (b) The state land planning agency may review any proposed |
| 5075 | plan amendment regardless of whether a request for review has |
| 5076 | been made, if the agency gives notice to the local government, |
| 5077 | and any other person who has requested notice, of its intention |
| 5078 | to conduct such a review within 35 days after receipt of the |
| 5079 | complete proposed plan amendment. |
| 5080 | 1.(c) The state land planning agency shall establish by |
| 5081 | rule a schedule for receipt of comments from the various |
| 5082 | government agencies, as well as written public comments, |
| 5083 | pursuant to subsection (4). If the state land planning agency |
| 5084 | elects to review a plan or plan the amendment or the agency is |
| 5085 | required to review the amendment as specified in paragraph |
| 5086 | (2)(c)(a), the agency shall issue a report giving its |
| 5087 | objections, recommendations, and comments regarding the proposed |
| 5088 | plan or plan amendment within 60 days after receipt of the |
| 5089 | complete proposed plan or plan amendment by the state land |
| 5090 | planning agency. Notwithstanding the limitation on comments in |
| 5091 | sub-subparagraph (3)(b)4.g., the state land planning agency may |
| 5092 | make objections, recommendations, and comments in its report |
| 5093 | regarding whether the plan or plan amendment is in compliance |
| 5094 | and whether the plan or plan amendment will adversely impact |
| 5095 | important state resources and facilities. Any objection |
| 5096 | regarding an important state resource or facility that will be |
| 5097 | adversely impacted by the adopted plan or plan amendment shall |
| 5098 | also state with specificity how the plan or plan amendment will |
| 5099 | adversely impact the important state resource or facility and |
| 5100 | shall identify measures the local government may take to |
| 5101 | eliminate, reduce, or mitigate the adverse impacts. When a |
| 5102 | federal, state, or regional agency has implemented a permitting |
| 5103 | program, the state land planning agency shall not require a |
| 5104 | local government is not required to duplicate or exceed that |
| 5105 | permitting program in its comprehensive plan or to implement |
| 5106 | such a permitting program in its land development regulations. |
| 5107 | This subparagraph does not Nothing contained herein shall |
| 5108 | prohibit the state land planning agency in conducting its review |
| 5109 | of local plans or plan amendments from making objections, |
| 5110 | recommendations, and comments or making compliance |
| 5111 | determinations regarding densities and intensities consistent |
| 5112 | with the provisions of this part. In preparing its comments, the |
| 5113 | state land planning agency shall only base its considerations on |
| 5114 | written, and not oral, comments, from any source. |
| 5115 | 2.(d) The state land planning agency review shall identify |
| 5116 | all written communications with the agency regarding the |
| 5117 | proposed plan amendment. If the state land planning agency does |
| 5118 | not issue such a review, it shall identify in writing to the |
| 5119 | local government all written communications received 30 days |
| 5120 | after transmittal. The written identification must include a |
| 5121 | list of all documents received or generated by the agency, which |
| 5122 | list must be of sufficient specificity to enable the documents |
| 5123 | to be identified and copies requested, if desired, and the name |
| 5124 | of the person to be contacted to request copies of any |
| 5125 | identified document. The list of documents must be made a part |
| 5126 | of the public records of the state land planning agency. |
| 5127 | (e)(7) Local government review of comments; adoption of |
| 5128 | plan or amendments and transmittal.- |
| 5129 | 1.(a) The local government shall review the report written |
| 5130 | comments submitted to it by the state land planning agency, if |
| 5131 | any, and written comments submitted to it by any other person, |
| 5132 | agency, or government. Any comments, recommendations, or |
| 5133 | objections and any reply to them shall be public documents, a |
| 5134 | part of the permanent record in the matter, and admissible in |
| 5135 | any proceeding in which the comprehensive plan or plan amendment |
| 5136 | may be at issue. The local government, upon receipt of the |
| 5137 | report written comments from the state land planning agency, |
| 5138 | shall hold its second public hearing, which shall be a hearing |
| 5139 | to determine whether to adopt the comprehensive plan or one or |
| 5140 | more comprehensive plan amendments pursuant to subsection (11). |
| 5141 | If the local government fails to hold the second hearing within |
| 5142 | 180 days after receipt of the state land planning agency's |
| 5143 | report, the amendments shall be deemed withdrawn unless extended |
| 5144 | by agreement with notice to the state land planning agency and |
| 5145 | any affected person that provided comments on the amendment. The |
| 5146 | 180-day limitation does not apply to amendments processed |
| 5147 | pursuant to s. 380.06. |
| 5148 | 2. All comprehensive plan amendments adopted by the |
| 5149 | governing body, along with the supporting data and analysis, |
| 5150 | shall be transmitted within 10 days after the second public |
| 5151 | hearing to the state land planning agency and any other agency |
| 5152 | or local government that provided timely comments under |
| 5153 | paragraph (c). |
| 5154 | 3. The state land planning agency shall notify the local |
| 5155 | government of any deficiencies within 5 working days after |
| 5156 | receipt of a plan or plan amendment package. For purposes of |
| 5157 | completeness, a plan or plan amendment shall be deemed complete |
| 5158 | if it contains a full, executed copy of the adoption ordinance |
| 5159 | or ordinances; in the case of a text amendment, a full copy of |
| 5160 | the amended language in legislative format with new words |
| 5161 | inserted in the text underlined, and words deleted stricken with |
| 5162 | hyphens; in the case of a future land use map amendment, a copy |
| 5163 | of the future land use map clearly depicting the parcel, its |
| 5164 | existing future land use designation, and its adopted |
| 5165 | designation; and a copy of any data and analyses the local |
| 5166 | government deems appropriate. |
| 5167 | 4. After the state land planning agency makes a |
| 5168 | determination of completeness regarding the adopted plan or plan |
| 5169 | amendment, the state land planning agency shall have 45 days to |
| 5170 | determine if the plan or plan amendment is in compliance with |
| 5171 | this act. Unless the plan or plan amendment is substantially |
| 5172 | changed from the one commented on, the state land planning |
| 5173 | agency's compliance determination shall be limited to objections |
| 5174 | raised in the objections, recommendations, and comments report. |
| 5175 | During the period provided for in this subparagraph, the state |
| 5176 | land planning agency shall issue, through a senior administrator |
| 5177 | or the secretary, a notice of intent to find that the plan or |
| 5178 | plan amendment is in compliance or not in compliance. The state |
| 5179 | land planning agency shall post a copy of the notice of intent |
| 5180 | on the agency's Internet site. Publication by the state land |
| 5181 | planning agency of the notice of intent on the state land |
| 5182 | planning agency's Internet site shall be prima facie evidence of |
| 5183 | compliance with the publication requirements of this |
| 5184 | subparagraph. |
| 5185 | 5. A plan or plan amendment adopted under the state |
| 5186 | coordinated review process shall go into effect pursuant to the |
| 5187 | state land planning agency's notice of intent. If timely |
| 5188 | challenged, an amendment does not become effective until the |
| 5189 | state land planning agency or the Administration Commission |
| 5190 | enters a final order determining the adopted amendment to be in |
| 5191 | compliance. |
| 5192 | (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN |
| 5193 | AMENDMENTS.- |
| 5194 | (a) Any affected person as defined in paragraph (1)(a) may |
| 5195 | file a petition with the Division of Administrative Hearings |
| 5196 | pursuant to ss. 120.569 and 120.57, with a copy served on the |
| 5197 | affected local government, to request a formal hearing to |
| 5198 | challenge whether the plan or plan amendments are in compliance |
| 5199 | as defined in paragraph (1)(b). This petition must be filed with |
| 5200 | the division within 30 days after the local government adopts |
| 5201 | the amendment. The state land planning agency may not intervene |
| 5202 | in a proceeding initiated by an affected person. |
| 5203 | (b) The state land planning agency may file a petition |
| 5204 | with the Division of Administrative Hearings pursuant to ss. |
| 5205 | 120.569 and 120.57, with a copy served on the affected local |
| 5206 | government, to request a formal hearing to challenge whether the |
| 5207 | plan or plan amendment is in compliance as defined in paragraph |
| 5208 | (1)(b). The state land planning agency's petition must clearly |
| 5209 | state the reasons for the challenge. This petition must be filed |
| 5210 | with the division within 30 days after the state land planning |
| 5211 | agency notifies the local government that the plan amendment |
| 5212 | package is complete according to subparagraph (3)(c)3. |
| 5213 | 1. The state land planning agency's challenge to plan |
| 5214 | amendments adopted under the expedited state review process |
| 5215 | shall be limited to the comments provided by the reviewing |
| 5216 | agencies pursuant to subparagraphs (3)(b)2.-4., upon a |
| 5217 | determination by the state land planning agency that an |
| 5218 | important state resource or facility will be adversely impacted |
| 5219 | by the adopted plan amendment. The state land planning agency's |
| 5220 | petition shall state with specificity how the plan amendment |
| 5221 | will adversely impact the important state resource or facility. |
| 5222 | The state land planning agency may challenge a plan amendment |
| 5223 | that has substantially changed from the version on which the |
| 5224 | agencies provided comments but only upon a determination by the |
| 5225 | state land planning agency that an important state resource or |
| 5226 | facility will be adversely impacted. |
| 5227 | 2. If the state land planning agency issues a notice of |
| 5228 | intent to find the comprehensive plan or plan amendment not in |
| 5229 | compliance with this act, the notice of intent shall be |
| 5230 | forwarded to the Division of Administrative Hearings of the |
| 5231 | Department of Management Services, which shall conduct a |
| 5232 | proceeding under ss. 120.569 and 120.57 in the county of and |
| 5233 | convenient to the affected local jurisdiction. The parties to |
| 5234 | the proceeding shall be the state land planning agency, the |
| 5235 | affected local government, and any affected person who |
| 5236 | intervenes. No new issue may be alleged as a reason to find a |
| 5237 | plan or plan amendment not in compliance in an administrative |
| 5238 | pleading filed more than 21 days after publication of notice |
| 5239 | unless the party seeking that issue establishes good cause for |
| 5240 | not alleging the issue within that time period. Good cause does |
| 5241 | not include excusable neglect. |
| 5242 | (c) An administrative law judge shall hold a hearing in |
| 5243 | the affected local jurisdiction on whether the plan or plan |
| 5244 | amendment is in compliance. |
| 5245 | 1. In challenges filed by an affected person, the |
| 5246 | comprehensive plan or plan amendment shall be determined to be |
| 5247 | in compliance if the local government's determination of |
| 5248 | compliance is fairly debatable. |
| 5249 | 2.a. In challenges filed by the state land planning |
| 5250 | agency, the local government's determination that the |
| 5251 | comprehensive plan or plan amendment is in compliance is |
| 5252 | presumed to be correct, and the local government's determination |
| 5253 | shall be sustained unless it is shown by a preponderance of the |
| 5254 | evidence that the comprehensive plan or plan amendment is not in |
| 5255 | compliance. |
| 5256 | b. In challenges filed by the state land planning agency, |
| 5257 | the local government's determination that elements of its plan |
| 5258 | are related to and consistent with each other shall be sustained |
| 5259 | if the determination is fairly debatable. |
| 5260 | 3. In challenges filed by the state land planning agency |
| 5261 | that require a determination by the agency that an important |
| 5262 | state resource or facility will be adversely impacted by the |
| 5263 | adopted plan or plan amendment, the local government may contest |
| 5264 | the agency's determination of an important state resource or |
| 5265 | facility. The state land planning agency shall prove its |
| 5266 | determination by clear and convincing evidence. |
| 5267 | (d) If the administrative law judge recommends that the |
| 5268 | amendment be found not in compliance, the judge shall submit the |
| 5269 | recommended order to the Administration Commission for final |
| 5270 | agency action. The Administration Commission shall enter a final |
| 5271 | order within 45 days after its receipt of the recommended order. |
| 5272 | (e) If the administrative law judge recommends that the |
| 5273 | amendment be found in compliance, the judge shall submit the |
| 5274 | recommended order to the state land planning agency. |
| 5275 | 1. If the state land planning agency determines that the |
| 5276 | plan amendment should be found not in compliance, the agency |
| 5277 | shall refer, within 30 days after receipt of the recommended |
| 5278 | order, the recommended order and its determination to the |
| 5279 | Administration Commission for final agency action. |
| 5280 | 2. If the state land planning agency determines that the |
| 5281 | plan amendment should be found in compliance, the agency shall |
| 5282 | enter its final order not later than 30 days after receipt of |
| 5283 | the recommended order. |
| 5284 | (f) Parties to a proceeding under this subsection may |
| 5285 | enter into compliance agreements using the process in subsection |
| 5286 | (6). |
| 5287 | (6) COMPLIANCE AGREEMENT.- |
| 5288 | (a) At any time after the filing of a challenge, the state |
| 5289 | land planning agency and the local government may voluntarily |
| 5290 | enter into a compliance agreement to resolve one or more of the |
| 5291 | issues raised in the proceedings. Affected persons who have |
| 5292 | initiated a formal proceeding or have intervened in a formal |
| 5293 | proceeding may also enter into a compliance agreement with the |
| 5294 | local government. All parties granted intervenor status shall be |
| 5295 | provided reasonable notice of the commencement of a compliance |
| 5296 | agreement negotiation process and a reasonable opportunity to |
| 5297 | participate in such negotiation process. Negotiation meetings |
| 5298 | with local governments or intervenors shall be open to the |
| 5299 | public. The state land planning agency shall provide each party |
| 5300 | granted intervenor status with a copy of the compliance |
| 5301 | agreement within 10 days after the agreement is executed. The |
| 5302 | compliance agreement shall list each portion of the plan or plan |
| 5303 | amendment that has been challenged, and shall specify remedial |
| 5304 | actions that the local government has agreed to complete within |
| 5305 | a specified time in order to resolve the challenge, including |
| 5306 | adoption of all necessary plan amendments. The compliance |
| 5307 | agreement may also establish monitoring requirements and |
| 5308 | incentives to ensure that the conditions of the compliance |
| 5309 | agreement are met. |
| 5310 | (b) Upon the filing of a compliance agreement executed by |
| 5311 | the parties to a challenge and the local government with the |
| 5312 | Division of Administrative Hearings, any administrative |
| 5313 | proceeding under ss. 120.569 and 120.57 regarding the plan or |
| 5314 | plan amendment covered by the compliance agreement shall be |
| 5315 | stayed. |
| 5316 | (c) Before its execution of a compliance agreement, the |
| 5317 | local government must approve the compliance agreement at a |
| 5318 | public hearing advertised at least 10 days before the public |
| 5319 | hearing in a newspaper of general circulation in the area in |
| 5320 | accordance with the advertisement requirements of chapter 125 or |
| 5321 | chapter 166, as applicable. |
| 5322 | (d) The local government shall hold a single public |
| 5323 | hearing for adopting remedial amendments. |
| 5324 | (e) For challenges to amendments adopted under the |
| 5325 | expedited review process, if the local government adopts a |
| 5326 | comprehensive plan amendment pursuant to a compliance agreement, |
| 5327 | an affected person or the state land planning agency may file a |
| 5328 | revised challenge with the Division of Administrative Hearings |
| 5329 | within 15 days after the adoption of the remedial amendment. |
| 5330 | (f) For challenges to amendments adopted under the state |
| 5331 | coordinated process, the state land planning agency, upon |
| 5332 | receipt of a plan or plan amendment adopted pursuant to a |
| 5333 | compliance agreement, shall issue a cumulative notice of intent |
| 5334 | addressing both the remedial amendment and the plan or plan |
| 5335 | amendment that was the subject of the agreement. |
| 5336 | 1. If the local government adopts a comprehensive plan or |
| 5337 | plan amendment pursuant to a compliance agreement and a notice |
| 5338 | of intent to find the plan amendment in compliance is issued, |
| 5339 | the state land planning agency shall forward the notice of |
| 5340 | intent to the Division of Administrative Hearings and the |
| 5341 | administrative law judge shall realign the parties in the |
| 5342 | pending proceeding under ss. 120.569 and 120.57, which shall |
| 5343 | thereafter be governed by the process contained in paragraph |
| 5344 | (5)(a) and subparagraph (5)(c)1., including provisions relating |
| 5345 | to challenges by an affected person, burden of proof, and issues |
| 5346 | of a recommended order and a final order. Parties to the |
| 5347 | original proceeding at the time of realignment may continue as |
| 5348 | parties without being required to file additional pleadings to |
| 5349 | initiate a proceeding, but may timely amend their pleadings to |
| 5350 | raise any challenge to the amendment that is the subject of the |
| 5351 | cumulative notice of intent, and must otherwise conform to the |
| 5352 | rules of procedure of the Division of Administrative Hearings. |
| 5353 | Any affected person not a party to the realigned proceeding may |
| 5354 | challenge the plan amendment that is the subject of the |
| 5355 | cumulative notice of intent by filing a petition with the agency |
| 5356 | as provided in subsection (5). The agency shall forward the |
| 5357 | petition filed by the affected person not a party to the |
| 5358 | realigned proceeding to the Division of Administrative Hearings |
| 5359 | for consolidation with the realigned proceeding. If the |
| 5360 | cumulative notice of intent is not challenged, the state land |
| 5361 | planning agency shall request that the Division of |
| 5362 | Administrative Hearings relinquish jurisdiction to the state |
| 5363 | land planning agency for issuance of a final order. |
| 5364 | 2. If the local government adopts a comprehensive plan |
| 5365 | amendment pursuant to a compliance agreement and a notice of |
| 5366 | intent is issued that finds the plan amendment not in |
| 5367 | compliance, the state land planning agency shall forward the |
| 5368 | notice of intent to the Division of Administrative Hearings, |
| 5369 | which shall consolidate the proceeding with the pending |
| 5370 | proceeding and immediately set a date for a hearing in the |
| 5371 | pending proceeding under ss. 120.569 and 120.57. Affected |
| 5372 | persons who are not a party to the underlying proceeding under |
| 5373 | ss. 120.569 and 120.57 may challenge the plan amendment adopted |
| 5374 | pursuant to the compliance agreement by filing a petition |
| 5375 | pursuant to paragraph (5)(a). |
| 5376 | (g) This subsection does not prohibit a local government |
| 5377 | from amending portions of its comprehensive plan other than |
| 5378 | those that are the subject of a challenge. However, such |
| 5379 | amendments to the plan may not be inconsistent with the |
| 5380 | compliance agreement. |
| 5381 | (h) This subsection does not require settlement by any |
| 5382 | party against its will or preclude the use of other informal |
| 5383 | dispute resolution methods in the course of or in addition to |
| 5384 | the method described in this subsection. |
| 5385 | (7) MEDIATION AND EXPEDITIOUS RESOLUTION.- |
| 5386 | (a) At any time after the matter has been forwarded to the |
| 5387 | Division of Administrative Hearings, the local government |
| 5388 | proposing the amendment may demand formal mediation or the local |
| 5389 | government proposing the amendment or an affected person who is |
| 5390 | a party to the proceeding may demand informal mediation or |
| 5391 | expeditious resolution of the amendment proceedings by serving |
| 5392 | written notice on the state land planning agency if a party to |
| 5393 | the proceeding, all other parties to the proceeding, and the |
| 5394 | administrative law judge. |
| 5395 | (b) Upon receipt of a notice pursuant to paragraph (a), |
| 5396 | the administrative law judge shall set the matter for final |
| 5397 | hearing no more than 30 days after receipt of the notice. Once a |
| 5398 | final hearing has been set, no continuance in the hearing, and |
| 5399 | no additional time for post-hearing submittals, may be granted |
| 5400 | without the written agreement of the parties absent a finding by |
| 5401 | the administrative law judge of extraordinary circumstances. |
| 5402 | Extraordinary circumstances do not include matters relating to |
| 5403 | workload or need for additional time for preparation, |
| 5404 | negotiation, or mediation. |
| 5405 | (c) Absent a showing of extraordinary circumstances, the |
| 5406 | administrative law judge shall issue a recommended order, in a |
| 5407 | case proceeding under subsection (5), within 30 days after |
| 5408 | filing of the transcript, unless the parties agree in writing to |
| 5409 | a longer time. |
| 5410 | (d) Absent a showing of extraordinary circumstances, the |
| 5411 | Administration Commission shall issue a final order, in a case |
| 5412 | proceeding under subsection (5), within 45 days after the |
| 5413 | issuance of the recommended order, unless the parties agree in |
| 5414 | writing to a longer time. have 120 days to adopt or adopt with |
| 5415 | changes the proposed comprehensive plan or s. 163.3191 plan |
| 5416 | amendments. In the case of comprehensive plan amendments other |
| 5417 | than those proposed pursuant to s. 163.3191, the local |
| 5418 | government shall have 60 days to adopt the amendment, adopt the |
| 5419 | amendment with changes, or determine that it will not adopt the |
| 5420 | amendment. The adoption of the proposed plan or plan amendment |
| 5421 | or the determination not to adopt a plan amendment, other than a |
| 5422 | plan amendment proposed pursuant to s. 163.3191, shall be made |
| 5423 | in the course of a public hearing pursuant to subsection (15). |
| 5424 | The local government shall transmit the complete adopted |
| 5425 | comprehensive plan or plan amendment, including the names and |
| 5426 | addresses of persons compiled pursuant to paragraph (15)(c), to |
| 5427 | the state land planning agency as specified in the agency's |
| 5428 | procedural rules within 10 working days after adoption. The |
| 5429 | local governing body shall also transmit a copy of the adopted |
| 5430 | comprehensive plan or plan amendment to the regional planning |
| 5431 | agency and to any other unit of local government or governmental |
| 5432 | agency in the state that has filed a written request with the |
| 5433 | governing body for a copy of the plan or plan amendment. |
| 5434 | (b) If the adopted plan amendment is unchanged from the |
| 5435 | proposed plan amendment transmitted pursuant to subsection (3) |
| 5436 | and an affected person as defined in paragraph (1)(a) did not |
| 5437 | raise any objection, the state land planning agency did not |
| 5438 | review the proposed plan amendment, and the state land planning |
| 5439 | agency did not raise any objections during its review pursuant |
| 5440 | to subsection (6), the local government may state in the |
| 5441 | transmittal letter that the plan amendment is unchanged and was |
| 5442 | not the subject of objections. |
| 5443 | (8) NOTICE OF INTENT.- |
| 5444 | (a) If the transmittal letter correctly states that the |
| 5445 | plan amendment is unchanged and was not the subject of review or |
| 5446 | objections pursuant to paragraph (7)(b), the state land planning |
| 5447 | agency has 20 days after receipt of the transmittal letter |
| 5448 | within which to issue a notice of intent that the plan amendment |
| 5449 | is in compliance. |
| 5450 | (b) Except as provided in paragraph (a) or in s. |
| 5451 | 163.3187(3), the state land planning agency, upon receipt of a |
| 5452 | local government's complete adopted comprehensive plan or plan |
| 5453 | amendment, shall have 45 days for review and to determine if the |
| 5454 | plan or plan amendment is in compliance with this act, unless |
| 5455 | the amendment is the result of a compliance agreement entered |
| 5456 | into under subsection (16), in which case the time period for |
| 5457 | review and determination shall be 30 days. If review was not |
| 5458 | conducted under subsection (6), the agency's determination must |
| 5459 | be based upon the plan amendment as adopted. If review was |
| 5460 | conducted under subsection (6), the agency's determination of |
| 5461 | compliance must be based only upon one or both of the following: |
| 5462 | 1. The state land planning agency's written comments to |
| 5463 | the local government pursuant to subsection (6); or |
| 5464 | 2. Any changes made by the local government to the |
| 5465 | comprehensive plan or plan amendment as adopted. |
| 5466 | (c)1. During the time period provided for in this |
| 5467 | subsection, the state land planning agency shall issue, through |
| 5468 | a senior administrator or the secretary, as specified in the |
| 5469 | agency's procedural rules, a notice of intent to find that the |
| 5470 | plan or plan amendment is in compliance or not in compliance. A |
| 5471 | notice of intent shall be issued by publication in the manner |
| 5472 | provided by this paragraph and by mailing a copy to the local |
| 5473 | government. The advertisement shall be placed in that portion of |
| 5474 | the newspaper where legal notices appear. The advertisement |
| 5475 | shall be published in a newspaper that meets the size and |
| 5476 | circulation requirements set forth in paragraph (15)(e) and that |
| 5477 | has been designated in writing by the affected local government |
| 5478 | at the time of transmittal of the amendment. Publication by the |
| 5479 | state land planning agency of a notice of intent in the |
| 5480 | newspaper designated by the local government shall be prima |
| 5481 | facie evidence of compliance with the publication requirements |
| 5482 | of this section. The state land planning agency shall post a |
| 5483 | copy of the notice of intent on the agency's Internet site. The |
| 5484 | agency shall, no later than the date the notice of intent is |
| 5485 | transmitted to the newspaper, send by regular mail a courtesy |
| 5486 | informational statement to persons who provide their names and |
| 5487 | addresses to the local government at the transmittal hearing or |
| 5488 | at the adoption hearing where the local government has provided |
| 5489 | the names and addresses of such persons to the department at the |
| 5490 | time of transmittal of the adopted amendment. The informational |
| 5491 | statements shall include the name of the newspaper in which the |
| 5492 | notice of intent will appear, the approximate date of |
| 5493 | publication, the ordinance number of the plan or plan amendment, |
| 5494 | and a statement that affected persons have 21 days after the |
| 5495 | actual date of publication of the notice to file a petition. |
| 5496 | 2. A local government that has an Internet site shall post |
| 5497 | a copy of the state land planning agency's notice of intent on |
| 5498 | the site within 5 days after receipt of the mailed copy of the |
| 5499 | agency's notice of intent. |
| 5500 | (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.- |
| 5501 | (a) If the state land planning agency issues a notice of |
| 5502 | intent to find that the comprehensive plan or plan amendment |
| 5503 | transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189, |
| 5504 | or s. 163.3191 is in compliance with this act, any affected |
| 5505 | person may file a petition with the agency pursuant to ss. |
| 5506 | 120.569 and 120.57 within 21 days after the publication of |
| 5507 | notice. In this proceeding, the local plan or plan amendment |
| 5508 | shall be determined to be in compliance if the local |
| 5509 | government's determination of compliance is fairly debatable. |
| 5510 | (b) The hearing shall be conducted by an administrative |
| 5511 | law judge of the Division of Administrative Hearings of the |
| 5512 | Department of Management Services, who shall hold the hearing in |
| 5513 | the county of and convenient to the affected local jurisdiction |
| 5514 | and submit a recommended order to the state land planning |
| 5515 | agency. The state land planning agency shall allow for the |
| 5516 | filing of exceptions to the recommended order and shall issue a |
| 5517 | final order after receipt of the recommended order if the state |
| 5518 | land planning agency determines that the plan or plan amendment |
| 5519 | is in compliance. If the state land planning agency determines |
| 5520 | that the plan or plan amendment is not in compliance, the agency |
| 5521 | shall submit the recommended order to the Administration |
| 5522 | Commission for final agency action. |
| 5523 | (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN |
| 5524 | COMPLIANCE.- |
| 5525 | (a) If the state land planning agency issues a notice of |
| 5526 | intent to find the comprehensive plan or plan amendment not in |
| 5527 | compliance with this act, the notice of intent shall be |
| 5528 | forwarded to the Division of Administrative Hearings of the |
| 5529 | Department of Management Services, which shall conduct a |
| 5530 | proceeding under ss. 120.569 and 120.57 in the county of and |
| 5531 | convenient to the affected local jurisdiction. The parties to |
| 5532 | the proceeding shall be the state land planning agency, the |
| 5533 | affected local government, and any affected person who |
| 5534 | intervenes. No new issue may be alleged as a reason to find a |
| 5535 | plan or plan amendment not in compliance in an administrative |
| 5536 | pleading filed more than 21 days after publication of notice |
| 5537 | unless the party seeking that issue establishes good cause for |
| 5538 | not alleging the issue within that time period. Good cause shall |
| 5539 | not include excusable neglect. In the proceeding, the local |
| 5540 | government's determination that the comprehensive plan or plan |
| 5541 | amendment is in compliance is presumed to be correct. The local |
| 5542 | government's determination shall be sustained unless it is shown |
| 5543 | by a preponderance of the evidence that the comprehensive plan |
| 5544 | or plan amendment is not in compliance. The local government's |
| 5545 | determination that elements of its plans are related to and |
| 5546 | consistent with each other shall be sustained if the |
| 5547 | determination is fairly debatable. |
| 5548 | (b) The administrative law judge assigned by the division |
| 5549 | shall submit a recommended order to the Administration |
| 5550 | Commission for final agency action. |
| 5551 | (c) Prior to the hearing, the state land planning agency |
| 5552 | shall afford an opportunity to mediate or otherwise resolve the |
| 5553 | dispute. If a party to the proceeding requests mediation or |
| 5554 | other alternative dispute resolution, the hearing may not be |
| 5555 | held until the state land planning agency advises the |
| 5556 | administrative law judge in writing of the results of the |
| 5557 | mediation or other alternative dispute resolution. However, the |
| 5558 | hearing may not be delayed for longer than 90 days for mediation |
| 5559 | or other alternative dispute resolution unless a longer delay is |
| 5560 | agreed to by the parties to the proceeding. The costs of the |
| 5561 | mediation or other alternative dispute resolution shall be borne |
| 5562 | equally by all of the parties to the proceeding. |
| 5563 | (8)(11) ADMINISTRATION COMMISSION.- |
| 5564 | (a) If the Administration Commission, upon a hearing |
| 5565 | pursuant to subsection (5)(9) or subsection (10), finds that the |
| 5566 | comprehensive plan or plan amendment is not in compliance with |
| 5567 | this act, the commission shall specify remedial actions that |
| 5568 | which would bring the comprehensive plan or plan amendment into |
| 5569 | compliance. |
| 5570 | (b) The commission may specify the sanctions provided in |
| 5571 | subparagraphs 1. and 2. to which the local government will be |
| 5572 | subject if it elects to make the amendment effective |
| 5573 | notwithstanding the determination of noncompliance. |
| 5574 | 1. The commission may direct state agencies not to provide |
| 5575 | funds to increase the capacity of roads, bridges, or water and |
| 5576 | sewer systems within the boundaries of those local governmental |
| 5577 | entities which have comprehensive plans or plan elements that |
| 5578 | are determined not to be in compliance. The commission order may |
| 5579 | also specify that the local government is shall not be eligible |
| 5580 | for grants administered under the following programs: |
| 5581 | a.1. The Florida Small Cities Community Development Block |
| 5582 | Grant Program, as authorized by ss. 290.0401-290.049. |
| 5583 | b.2. The Florida Recreation Development Assistance |
| 5584 | Program, as authorized by chapter 375. |
| 5585 | c.3. Revenue sharing pursuant to ss. 206.60, 210.20, and |
| 5586 | 218.61 and chapter 212, to the extent not pledged to pay back |
| 5587 | bonds. |
| 5588 | 2.(b) If the local government is one which is required to |
| 5589 | include a coastal management element in its comprehensive plan |
| 5590 | pursuant to s. 163.3177(6)(g), the commission order may also |
| 5591 | specify that the local government is not eligible for funding |
| 5592 | pursuant to s. 161.091. The commission order may also specify |
| 5593 | that the fact that the coastal management element has been |
| 5594 | determined to be not in compliance shall be a consideration when |
| 5595 | the department considers permits under s. 161.053 and when the |
| 5596 | Board of Trustees of the Internal Improvement Trust Fund |
| 5597 | considers whether to sell, convey any interest in, or lease any |
| 5598 | sovereignty lands or submerged lands until the element is |
| 5599 | brought into compliance. |
| 5600 | 3.(c) The sanctions provided by subparagraphs 1. and 2. do |
| 5601 | paragraphs (a) and (b) shall not apply to a local government |
| 5602 | regarding any plan amendment, except for plan amendments that |
| 5603 | amend plans that have not been finally determined to be in |
| 5604 | compliance with this part, and except as provided in paragraph |
| 5605 | (b) s. 163.3189(2) or s. 163.3191(11). |
| 5606 | (9)(12) GOOD FAITH FILING.-The signature of an attorney or |
| 5607 | party constitutes a certificate that he or she has read the |
| 5608 | pleading, motion, or other paper and that, to the best of his or |
| 5609 | her knowledge, information, and belief formed after reasonable |
| 5610 | inquiry, it is not interposed for any improper purpose, such as |
| 5611 | to harass or to cause unnecessary delay, or for economic |
| 5612 | advantage, competitive reasons, or frivolous purposes or |
| 5613 | needless increase in the cost of litigation. If a pleading, |
| 5614 | motion, or other paper is signed in violation of these |
| 5615 | requirements, the administrative law judge, upon motion or his |
| 5616 | or her own initiative, shall impose upon the person who signed |
| 5617 | it, a represented party, or both, an appropriate sanction, which |
| 5618 | may include an order to pay to the other party or parties the |
| 5619 | amount of reasonable expenses incurred because of the filing of |
| 5620 | the pleading, motion, or other paper, including a reasonable |
| 5621 | attorney's fee. |
| 5622 | (10)(13) EXCLUSIVE PROCEEDINGS.-The proceedings under this |
| 5623 | section shall be the sole proceeding or action for a |
| 5624 | determination of whether a local government's plan, element, or |
| 5625 | amendment is in compliance with this act. |
| 5626 | (14) AREAS OF CRITICAL STATE CONCERN.-No proposed local |
| 5627 | government comprehensive plan or plan amendment which is |
| 5628 | applicable to a designated area of critical state concern shall |
| 5629 | be effective until a final order is issued finding the plan or |
| 5630 | amendment to be in compliance as defined in this section. |
| 5631 | (11)(15) PUBLIC HEARINGS.- |
| 5632 | (a) The procedure for transmittal of a complete proposed |
| 5633 | comprehensive plan or plan amendment pursuant to subparagraph |
| 5634 | subsection (3)(b)1. and paragraph (4)(b) and for adoption of a |
| 5635 | comprehensive plan or plan amendment pursuant to |
| 5636 | subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by |
| 5637 | affirmative vote of not less than a majority of the members of |
| 5638 | the governing body present at the hearing. The adoption of a |
| 5639 | comprehensive plan or plan amendment shall be by ordinance. For |
| 5640 | the purposes of transmitting or adopting a comprehensive plan or |
| 5641 | plan amendment, the notice requirements in chapters 125 and 166 |
| 5642 | are superseded by this subsection, except as provided in this |
| 5643 | part. |
| 5644 | (b) The local governing body shall hold at least two |
| 5645 | advertised public hearings on the proposed comprehensive plan or |
| 5646 | plan amendment as follows: |
| 5647 | 1. The first public hearing shall be held at the |
| 5648 | transmittal stage pursuant to subsection (3). It shall be held |
| 5649 | on a weekday at least 7 days after the day that the first |
| 5650 | advertisement is published pursuant to the requirements of |
| 5651 | chapter 125 or chapter 166. |
| 5652 | 2. The second public hearing shall be held at the adoption |
| 5653 | stage pursuant to subsection (7). It shall be held on a weekday |
| 5654 | at least 5 days after the day that the second advertisement is |
| 5655 | published pursuant to the requirements of chapter 125 or chapter |
| 5656 | 166. |
| 5657 | (c) Nothing in this part is intended to prohibit or limit |
| 5658 | the authority of local governments to require a person |
| 5659 | requesting an amendment to pay some or all of the cost of the |
| 5660 | public notice. |
| 5661 | (12) CONCURRENT ZONING.-At the request of an applicant, a |
| 5662 | local government shall consider an application for zoning |
| 5663 | changes that would be required to properly enact any proposed |
| 5664 | plan amendment transmitted pursuant to this subsection. Zoning |
| 5665 | changes approved by the local government are contingent upon the |
| 5666 | comprehensive plan or plan amendment transmitted becoming |
| 5667 | effective. |
| 5668 | (13) AREAS OF CRITICAL STATE CONCERN.-No proposed local |
| 5669 | government comprehensive plan or plan amendment that is |
| 5670 | applicable to a designated area of critical state concern shall |
| 5671 | be effective until a final order is issued finding the plan or |
| 5672 | amendment to be in compliance as defined in paragraph (1)(b). |
| 5673 | (c) The local government shall provide a sign-in form at |
| 5674 | the transmittal hearing and at the adoption hearing for persons |
| 5675 | to provide their names and mailing addresses. The sign-in form |
| 5676 | must advise that any person providing the requested information |
| 5677 | will receive a courtesy informational statement concerning |
| 5678 | publications of the state land planning agency's notice of |
| 5679 | intent. The local government shall add to the sign-in form the |
| 5680 | name and address of any person who submits written comments |
| 5681 | concerning the proposed plan or plan amendment during the time |
| 5682 | period between the commencement of the transmittal hearing and |
| 5683 | the end of the adoption hearing. It is the responsibility of the |
| 5684 | person completing the form or providing written comments to |
| 5685 | accurately, completely, and legibly provide all information |
| 5686 | needed in order to receive the courtesy informational statement. |
| 5687 | (d) The agency shall provide a model sign-in form for |
| 5688 | providing the list to the agency which may be used by the local |
| 5689 | government to satisfy the requirements of this subsection. |
| 5690 | (e) If the proposed comprehensive plan or plan amendment |
| 5691 | changes the actual list of permitted, conditional, or prohibited |
| 5692 | uses within a future land use category or changes the actual |
| 5693 | future land use map designation of a parcel or parcels of land, |
| 5694 | the required advertisements shall be in the format prescribed by |
| 5695 | s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a |
| 5696 | municipality. |
| 5697 | (16) COMPLIANCE AGREEMENTS.- |
| 5698 | (a) At any time following the issuance of a notice of |
| 5699 | intent to find a comprehensive plan or plan amendment not in |
| 5700 | compliance with this part or after the initiation of a hearing |
| 5701 | pursuant to subsection (9), the state land planning agency and |
| 5702 | the local government may voluntarily enter into a compliance |
| 5703 | agreement to resolve one or more of the issues raised in the |
| 5704 | proceedings. Affected persons who have initiated a formal |
| 5705 | proceeding or have intervened in a formal proceeding may also |
| 5706 | enter into the compliance agreement. All parties granted |
| 5707 | intervenor status shall be provided reasonable notice of the |
| 5708 | commencement of a compliance agreement negotiation process and a |
| 5709 | reasonable opportunity to participate in such negotiation |
| 5710 | process. Negotiation meetings with local governments or |
| 5711 | intervenors shall be open to the public. The state land planning |
| 5712 | agency shall provide each party granted intervenor status with a |
| 5713 | copy of the compliance agreement within 10 days after the |
| 5714 | agreement is executed. The compliance agreement shall list each |
| 5715 | portion of the plan or plan amendment which is not in |
| 5716 | compliance, and shall specify remedial actions which the local |
| 5717 | government must complete within a specified time in order to |
| 5718 | bring the plan or plan amendment into compliance, including |
| 5719 | adoption of all necessary plan amendments. The compliance |
| 5720 | agreement may also establish monitoring requirements and |
| 5721 | incentives to ensure that the conditions of the compliance |
| 5722 | agreement are met. |
| 5723 | (b) Upon filing by the state land planning agency of a |
| 5724 | compliance agreement executed by the agency and the local |
| 5725 | government with the Division of Administrative Hearings, any |
| 5726 | administrative proceeding under ss. 120.569 and 120.57 regarding |
| 5727 | the plan or plan amendment covered by the compliance agreement |
| 5728 | shall be stayed. |
| 5729 | (c) Prior to its execution of a compliance agreement, the |
| 5730 | local government must approve the compliance agreement at a |
| 5731 | public hearing advertised at least 10 days before the public |
| 5732 | hearing in a newspaper of general circulation in the area in |
| 5733 | accordance with the advertisement requirements of subsection |
| 5734 | (15). |
| 5735 | (d) A local government may adopt a plan amendment pursuant |
| 5736 | to a compliance agreement in accordance with the requirements of |
| 5737 | paragraph (15)(a). The plan amendment shall be exempt from the |
| 5738 | requirements of subsections (2)-(7). The local government shall |
| 5739 | hold a single adoption public hearing pursuant to the |
| 5740 | requirements of subparagraph (15)(b)2. and paragraph (15)(e). |
| 5741 | Within 10 working days after adoption of a plan amendment, the |
| 5742 | local government shall transmit the amendment to the state land |
| 5743 | planning agency as specified in the agency's procedural rules, |
| 5744 | and shall submit one copy to the regional planning agency and to |
| 5745 | any other unit of local government or government agency in the |
| 5746 | state that has filed a written request with the governing body |
| 5747 | for a copy of the plan amendment, and one copy to any party to |
| 5748 | the proceeding under ss. 120.569 and 120.57 granted intervenor |
| 5749 | status. |
| 5750 | (e) The state land planning agency, upon receipt of a plan |
| 5751 | amendment adopted pursuant to a compliance agreement, shall |
| 5752 | issue a cumulative notice of intent addressing both the |
| 5753 | compliance agreement amendment and the plan or plan amendment |
| 5754 | that was the subject of the agreement, in accordance with |
| 5755 | subsection (8). |
| 5756 | (f)1. If the local government adopts a comprehensive plan |
| 5757 | amendment pursuant to a compliance agreement and a notice of |
| 5758 | intent to find the plan amendment in compliance is issued, the |
| 5759 | state land planning agency shall forward the notice of intent to |
| 5760 | the Division of Administrative Hearings and the administrative |
| 5761 | law judge shall realign the parties in the pending proceeding |
| 5762 | under ss. 120.569 and 120.57, which shall thereafter be governed |
| 5763 | by the process contained in paragraphs (9)(a) and (b), including |
| 5764 | provisions relating to challenges by an affected person, burden |
| 5765 | of proof, and issues of a recommended order and a final order, |
| 5766 | except as provided in subparagraph 2. Parties to the original |
| 5767 | proceeding at the time of realignment may continue as parties |
| 5768 | without being required to file additional pleadings to initiate |
| 5769 | a proceeding, but may timely amend their pleadings to raise any |
| 5770 | challenge to the amendment which is the subject of the |
| 5771 | cumulative notice of intent, and must otherwise conform to the |
| 5772 | rules of procedure of the Division of Administrative Hearings. |
| 5773 | Any affected person not a party to the realigned proceeding may |
| 5774 | challenge the plan amendment which is the subject of the |
| 5775 | cumulative notice of intent by filing a petition with the agency |
| 5776 | as provided in subsection (9). The agency shall forward the |
| 5777 | petition filed by the affected person not a party to the |
| 5778 | realigned proceeding to the Division of Administrative Hearings |
| 5779 | for consolidation with the realigned proceeding. |
| 5780 | 2. If any of the issues raised by the state land planning |
| 5781 | agency in the original subsection (10) proceeding are not |
| 5782 | resolved by the compliance agreement amendments, any intervenor |
| 5783 | in the original subsection (10) proceeding may require those |
| 5784 | issues to be addressed in the pending consolidated realigned |
| 5785 | proceeding under ss. 120.569 and 120.57. As to those unresolved |
| 5786 | issues, the burden of proof shall be governed by subsection |
| 5787 | (10). |
| 5788 | 3. If the local government adopts a comprehensive plan |
| 5789 | amendment pursuant to a compliance agreement and a notice of |
| 5790 | intent to find the plan amendment not in compliance is issued, |
| 5791 | the state land planning agency shall forward the notice of |
| 5792 | intent to the Division of Administrative Hearings, which shall |
| 5793 | consolidate the proceeding with the pending proceeding and |
| 5794 | immediately set a date for hearing in the pending proceeding |
| 5795 | under ss. 120.569 and 120.57. Affected persons who are not a |
| 5796 | party to the underlying proceeding under ss. 120.569 and 120.57 |
| 5797 | may challenge the plan amendment adopted pursuant to the |
| 5798 | compliance agreement by filing a petition pursuant to subsection |
| 5799 | (10). |
| 5800 | (g) If the local government fails to adopt a comprehensive |
| 5801 | plan amendment pursuant to a compliance agreement, the state |
| 5802 | land planning agency shall notify the Division of Administrative |
| 5803 | Hearings, which shall set the hearing in the pending proceeding |
| 5804 | under ss. 120.569 and 120.57 at the earliest convenient time. |
| 5805 | (h) This subsection does not prohibit a local government |
| 5806 | from amending portions of its comprehensive plan other than |
| 5807 | those which are the subject of the compliance agreement. |
| 5808 | However, such amendments to the plan may not be inconsistent |
| 5809 | with the compliance agreement. |
| 5810 | (i) Nothing in this subsection is intended to limit the |
| 5811 | parties from entering into a compliance agreement at any time |
| 5812 | before the final order in the proceeding is issued, provided |
| 5813 | that the provisions of paragraph (c) shall apply regardless of |
| 5814 | when the compliance agreement is reached. |
| 5815 | (j) Nothing in this subsection is intended to force any |
| 5816 | party into settlement against its will or to preclude the use of |
| 5817 | other informal dispute resolution methods, such as the services |
| 5818 | offered by the Florida Growth Management Dispute Resolution |
| 5819 | Consortium, in the course of or in addition to the method |
| 5820 | described in this subsection. |
| 5821 | (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.- |
| 5822 | A local government that has adopted a community vision and urban |
| 5823 | service boundary under s. 163.3177(13) and (14) may adopt a plan |
| 5824 | amendment related to map amendments solely to property within an |
| 5825 | urban service boundary in the manner described in subsections |
| 5826 | (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d. |
| 5827 | and e., 2., and 3., such that state and regional agency review |
| 5828 | is eliminated. The department may not issue an objections, |
| 5829 | recommendations, and comments report on proposed plan amendments |
| 5830 | or a notice of intent on adopted plan amendments; however, |
| 5831 | affected persons, as defined by paragraph (1)(a), may file a |
| 5832 | petition for administrative review pursuant to the requirements |
| 5833 | of s. 163.3187(3)(a) to challenge the compliance of an adopted |
| 5834 | plan amendment. This subsection does not apply to any amendment |
| 5835 | within an area of critical state concern, to any amendment that |
| 5836 | increases residential densities allowable in high-hazard coastal |
| 5837 | areas as defined in s. 163.3178(2)(h), or to a text change to |
| 5838 | the goals, policies, or objectives of the local government's |
| 5839 | comprehensive plan. Amendments submitted under this subsection |
| 5840 | are exempt from the limitation on the frequency of plan |
| 5841 | amendments in s. 163.3187. |
| 5842 | (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A |
| 5843 | municipality that has a designated urban infill and |
| 5844 | redevelopment area under s. 163.2517 may adopt a plan amendment |
| 5845 | related to map amendments solely to property within a designated |
| 5846 | urban infill and redevelopment area in the manner described in |
| 5847 | subsections (1), (2), (7), (14), (15), and (16) and s. |
| 5848 | 163.3187(1)(c)1.d. and e., 2., and 3., such that state and |
| 5849 | regional agency review is eliminated. The department may not |
| 5850 | issue an objections, recommendations, and comments report on |
| 5851 | proposed plan amendments or a notice of intent on adopted plan |
| 5852 | amendments; however, affected persons, as defined by paragraph |
| 5853 | (1)(a), may file a petition for administrative review pursuant |
| 5854 | to the requirements of s. 163.3187(3)(a) to challenge the |
| 5855 | compliance of an adopted plan amendment. This subsection does |
| 5856 | not apply to any amendment within an area of critical state |
| 5857 | concern, to any amendment that increases residential densities |
| 5858 | allowable in high-hazard coastal areas as defined in s. |
| 5859 | 163.3178(2)(h), or to a text change to the goals, policies, or |
| 5860 | objectives of the local government's comprehensive plan. |
| 5861 | Amendments submitted under this subsection are exempt from the |
| 5862 | limitation on the frequency of plan amendments in s. 163.3187. |
| 5863 | (19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local |
| 5864 | government that identifies in its comprehensive plan the types |
| 5865 | of housing developments and conditions for which it will |
| 5866 | consider plan amendments that are consistent with the local |
| 5867 | housing incentive strategies identified in s. 420.9076 and |
| 5868 | authorized by the local government may expedite consideration of |
| 5869 | such plan amendments. At least 30 days prior to adopting a plan |
| 5870 | amendment pursuant to this subsection, the local government |
| 5871 | shall notify the state land planning agency of its intent to |
| 5872 | adopt such an amendment, and the notice shall include the local |
| 5873 | government's evaluation of site suitability and availability of |
| 5874 | facilities and services. A plan amendment considered under this |
| 5875 | subsection shall require only a single public hearing before the |
| 5876 | local governing body, which shall be a plan amendment adoption |
| 5877 | hearing as described in subsection (7). The public notice of the |
| 5878 | hearing required under subparagraph (15)(b)2. must include a |
| 5879 | statement that the local government intends to use the expedited |
| 5880 | adoption process authorized under this subsection. The state |
| 5881 | land planning agency shall issue its notice of intent required |
| 5882 | under subsection (8) within 30 days after determining that the |
| 5883 | amendment package is complete. Any further proceedings shall be |
| 5884 | governed by subsections (9)-(16). |
| 5885 | Section 18. Section 163.3187, Florida Statutes, is amended |
| 5886 | to read: |
| 5887 | 163.3187 Process for adoption of small-scale comprehensive |
| 5888 | plan amendment of adopted comprehensive plan.- |
| 5889 | (1) Amendments to comprehensive plans adopted pursuant to |
| 5890 | this part may be made not more than two times during any |
| 5891 | calendar year, except: |
| 5892 | (a) In the case of an emergency, comprehensive plan |
| 5893 | amendments may be made more often than twice during the calendar |
| 5894 | year if the additional plan amendment receives the approval of |
| 5895 | all of the members of the governing body. "Emergency" means any |
| 5896 | occurrence or threat thereof whether accidental or natural, |
| 5897 | caused by humankind, in war or peace, which results or may |
| 5898 | result in substantial injury or harm to the population or |
| 5899 | substantial damage to or loss of property or public funds. |
| 5900 | (b) Any local government comprehensive plan amendments |
| 5901 | directly related to a proposed development of regional impact, |
| 5902 | including changes which have been determined to be substantial |
| 5903 | deviations and including Florida Quality Developments pursuant |
| 5904 | to s. 380.061, may be initiated by a local planning agency and |
| 5905 | considered by the local governing body at the same time as the |
| 5906 | application for development approval using the procedures |
| 5907 | provided for local plan amendment in this section and applicable |
| 5908 | local ordinances. |
| 5909 | (1)(c) Any local government comprehensive plan amendments |
| 5910 | directly related to proposed small scale development activities |
| 5911 | may be approved without regard to statutory limits on the |
| 5912 | frequency of consideration of amendments to the local |
| 5913 | comprehensive plan. A small scale development amendment may be |
| 5914 | adopted only under the following conditions: |
| 5915 | (a)1. The proposed amendment involves a use of 10 acres or |
| 5916 | fewer and: |
| 5917 | (b)a. The cumulative annual effect of the acreage for all |
| 5918 | small scale development amendments adopted by the local |
| 5919 | government does shall not exceed: |
| 5920 | (I) a maximum of 120 acres in a calendar year. local |
| 5921 | government that contains areas specifically designated in the |
| 5922 | local comprehensive plan for urban infill, urban redevelopment, |
| 5923 | or downtown revitalization as defined in s. 163.3164, urban |
| 5924 | infill and redevelopment areas designated under s. 163.2517, |
| 5925 | transportation concurrency exception areas approved pursuant to |
| 5926 | s. 163.3180(5), or regional activity centers and urban central |
| 5927 | business districts approved pursuant to s. 380.06(2)(e); |
| 5928 | however, amendments under this paragraph may be applied to no |
| 5929 | more than 60 acres annually of property outside the designated |
| 5930 | areas listed in this sub-sub-subparagraph. Amendments adopted |
| 5931 | pursuant to paragraph (k) shall not be counted toward the |
| 5932 | acreage limitations for small scale amendments under this |
| 5933 | paragraph. |
| 5934 | (II) A maximum of 80 acres in a local government that does |
| 5935 | not contain any of the designated areas set forth in sub-sub- |
| 5936 | subparagraph (I). |
| 5937 | (III) A maximum of 120 acres in a county established |
| 5938 | pursuant to s. 9, Art. VIII of the State Constitution. |
| 5939 | b. The proposed amendment does not involve the same |
| 5940 | property granted a change within the prior 12 months. |
| 5941 | c. The proposed amendment does not involve the same |
| 5942 | owner's property within 200 feet of property granted a change |
| 5943 | within the prior 12 months. |
| 5944 | (c)d. The proposed amendment does not involve a text |
| 5945 | change to the goals, policies, and objectives of the local |
| 5946 | government's comprehensive plan, but only proposes a land use |
| 5947 | change to the future land use map for a site-specific small |
| 5948 | scale development activity. However, text changes that relate |
| 5949 | directly to, and are adopted simultaneously with, the small |
| 5950 | scale future land use map amendment shall be permissible under |
| 5951 | this section. |
| 5952 | (d)e. The property that is the subject of the proposed |
| 5953 | amendment is not located within an area of critical state |
| 5954 | concern, unless the project subject to the proposed amendment |
| 5955 | involves the construction of affordable housing units meeting |
| 5956 | the criteria of s. 420.0004(3), and is located within an area of |
| 5957 | critical state concern designated by s. 380.0552 or by the |
| 5958 | Administration Commission pursuant to s. 380.05(1). Such |
| 5959 | amendment is not subject to the density limitations of sub- |
| 5960 | subparagraph f., and shall be reviewed by the state land |
| 5961 | planning agency for consistency with the principles for guiding |
| 5962 | development applicable to the area of critical state concern |
| 5963 | where the amendment is located and shall not become effective |
| 5964 | until a final order is issued under s. 380.05(6). |
| 5965 | f. If the proposed amendment involves a residential land |
| 5966 | use, the residential land use has a density of 10 units or less |
| 5967 | per acre or the proposed future land use category allows a |
| 5968 | maximum residential density of the same or less than the maximum |
| 5969 | residential density allowable under the existing future land use |
| 5970 | category, except that this limitation does not apply to small |
| 5971 | scale amendments involving the construction of affordable |
| 5972 | housing units meeting the criteria of s. 420.0004(3) on property |
| 5973 | which will be the subject of a land use restriction agreement, |
| 5974 | or small scale amendments described in sub-sub-subparagraph |
| 5975 | a.(I) that are designated in the local comprehensive plan for |
| 5976 | urban infill, urban redevelopment, or downtown revitalization as |
| 5977 | defined in s. 163.3164, urban infill and redevelopment areas |
| 5978 | designated under s. 163.2517, transportation concurrency |
| 5979 | exception areas approved pursuant to s. 163.3180(5), or regional |
| 5980 | activity centers and urban central business districts approved |
| 5981 | pursuant to s. 380.06(2)(e). |
| 5982 | 2.a. A local government that proposes to consider a plan |
| 5983 | amendment pursuant to this paragraph is not required to comply |
| 5984 | with the procedures and public notice requirements of s. |
| 5985 | 163.3184(15)(c) for such plan amendments if the local government |
| 5986 | complies with the provisions in s. 125.66(4)(a) for a county or |
| 5987 | in s. 166.041(3)(c) for a municipality. If a request for a plan |
| 5988 | amendment under this paragraph is initiated by other than the |
| 5989 | local government, public notice is required. |
| 5990 | b. The local government shall send copies of the notice |
| 5991 | and amendment to the state land planning agency, the regional |
| 5992 | planning council, and any other person or entity requesting a |
| 5993 | copy. This information shall also include a statement |
| 5994 | identifying any property subject to the amendment that is |
| 5995 | located within a coastal high-hazard area as identified in the |
| 5996 | local comprehensive plan. |
| 5997 | (2)3. Small scale development amendments adopted pursuant |
| 5998 | to this section paragraph require only one public hearing before |
| 5999 | the governing board, which shall be an adoption hearing as |
| 6000 | described in s. 163.3184(11)(7), and are not subject to the |
| 6001 | requirements of s. 163.3184(3)-(6) unless the local government |
| 6002 | elects to have them subject to those requirements. |
| 6003 | (3)4. If the small scale development amendment involves a |
| 6004 | site within an area that is designated by the Governor as a |
| 6005 | rural area of critical economic concern as defined under s. |
| 6006 | 288.0656(2)(d)(7) for the duration of such designation, the 10- |
| 6007 | acre limit listed in subsection (1) subparagraph 1. shall be |
| 6008 | increased by 100 percent to 20 acres. The local government |
| 6009 | approving the small scale plan amendment shall certify to the |
| 6010 | Office of Tourism, Trade, and Economic Development that the plan |
| 6011 | amendment furthers the economic objectives set forth in the |
| 6012 | executive order issued under s. 288.0656(7), and the property |
| 6013 | subject to the plan amendment shall undergo public review to |
| 6014 | ensure that all concurrency requirements and federal, state, and |
| 6015 | local environmental permit requirements are met. |
| 6016 | (d) Any comprehensive plan amendment required by a |
| 6017 | compliance agreement pursuant to s. 163.3184(16) may be approved |
| 6018 | without regard to statutory limits on the frequency of adoption |
| 6019 | of amendments to the comprehensive plan. |
| 6020 | (e) A comprehensive plan amendment for location of a state |
| 6021 | correctional facility. Such an amendment may be made at any time |
| 6022 | and does not count toward the limitation on the frequency of |
| 6023 | plan amendments. |
| 6024 | (f) The capital improvements element annual update |
| 6025 | required in s. 163.3177(3)(b)1. and any amendments directly |
| 6026 | related to the schedule. |
| 6027 | (g) Any local government comprehensive plan amendments |
| 6028 | directly related to proposed redevelopment of brownfield areas |
| 6029 | designated under s. 376.80 may be approved without regard to |
| 6030 | statutory limits on the frequency of consideration of amendments |
| 6031 | to the local comprehensive plan. |
| 6032 | (h) Any comprehensive plan amendments for port |
| 6033 | transportation facilities and projects that are eligible for |
| 6034 | funding by the Florida Seaport Transportation and Economic |
| 6035 | Development Council pursuant to s. 311.07. |
| 6036 | (i) A comprehensive plan amendment for the purpose of |
| 6037 | designating an urban infill and redevelopment area under s. |
| 6038 | 163.2517 may be approved without regard to the statutory limits |
| 6039 | on the frequency of amendments to the comprehensive plan. |
| 6040 | (j) Any comprehensive plan amendment to establish public |
| 6041 | school concurrency pursuant to s. 163.3180(13), including, but |
| 6042 | not limited to, adoption of a public school facilities element |
| 6043 | and adoption of amendments to the capital improvements element |
| 6044 | and intergovernmental coordination element. In order to ensure |
| 6045 | the consistency of local government public school facilities |
| 6046 | elements within a county, such elements shall be prepared and |
| 6047 | adopted on a similar time schedule. |
| 6048 | (k) A local comprehensive plan amendment directly related |
| 6049 | to providing transportation improvements to enhance life safety |
| 6050 | on Controlled Access Major Arterial Highways identified in the |
| 6051 | Florida Intrastate Highway System, in counties as defined in s. |
| 6052 | 125.011, where such roadways have a high incidence of traffic |
| 6053 | accidents resulting in serious injury or death. Any such |
| 6054 | amendment shall not include any amendment modifying the |
| 6055 | designation on a comprehensive development plan land use map nor |
| 6056 | any amendment modifying the allowable densities or intensities |
| 6057 | of any land. |
| 6058 | (l) A comprehensive plan amendment to adopt a public |
| 6059 | educational facilities element pursuant to s. 163.3177(12) and |
| 6060 | future land-use-map amendments for school siting may be approved |
| 6061 | notwithstanding statutory limits on the frequency of adopting |
| 6062 | plan amendments. |
| 6063 | (m) A comprehensive plan amendment that addresses criteria |
| 6064 | or compatibility of land uses adjacent to or in close proximity |
| 6065 | to military installations in a local government's future land |
| 6066 | use element does not count toward the limitation on the |
| 6067 | frequency of the plan amendments. |
| 6068 | (n) Any local government comprehensive plan amendment |
| 6069 | establishing or implementing a rural land stewardship area |
| 6070 | pursuant to the provisions of s. 163.3177(11)(d). |
| 6071 | (o) A comprehensive plan amendment that is submitted by an |
| 6072 | area designated by the Governor as a rural area of critical |
| 6073 | economic concern under s. 288.0656(7) and that meets the |
| 6074 | economic development objectives may be approved without regard |
| 6075 | to the statutory limits on the frequency of adoption of |
| 6076 | amendments to the comprehensive plan. |
| 6077 | (p) Any local government comprehensive plan amendment that |
| 6078 | is consistent with the local housing incentive strategies |
| 6079 | identified in s. 420.9076 and authorized by the local |
| 6080 | government. |
| 6081 | (q) Any local government plan amendment to designate an |
| 6082 | urban service area as a transportation concurrency exception |
| 6083 | area under s. 163.3180(5)(b)2. or 3. and an area exempt from the |
| 6084 | development-of-regional-impact process under s. 380.06(29). |
| 6085 | (4)(2) Comprehensive plans may only be amended in such a |
| 6086 | way as to preserve the internal consistency of the plan pursuant |
| 6087 | to s. 163.3177(2). Corrections, updates, or modifications of |
| 6088 | current costs which were set out as part of the comprehensive |
| 6089 | plan shall not, for the purposes of this act, be deemed to be |
| 6090 | amendments. |
| 6091 | (3)(a) The state land planning agency shall not review or |
| 6092 | issue a notice of intent for small scale development amendments |
| 6093 | which satisfy the requirements of paragraph (1)(c). |
| 6094 | (5)(a) Any affected person may file a petition with the |
| 6095 | Division of Administrative Hearings pursuant to ss. 120.569 and |
| 6096 | 120.57 to request a hearing to challenge the compliance of a |
| 6097 | small scale development amendment with this act within 30 days |
| 6098 | following the local government's adoption of the amendment and, |
| 6099 | shall serve a copy of the petition on the local government, and |
| 6100 | shall furnish a copy to the state land planning agency. An |
| 6101 | administrative law judge shall hold a hearing in the affected |
| 6102 | jurisdiction not less than 30 days nor more than 60 days |
| 6103 | following the filing of a petition and the assignment of an |
| 6104 | administrative law judge. The parties to a hearing held pursuant |
| 6105 | to this subsection shall be the petitioner, the local |
| 6106 | government, and any intervenor. In the proceeding, the plan |
| 6107 | amendment shall be determined to be in compliance if the local |
| 6108 | government's determination that the small scale development |
| 6109 | amendment is in compliance is fairly debatable presumed to be |
| 6110 | correct. The local government's determination shall be sustained |
| 6111 | unless it is shown by a preponderance of the evidence that the |
| 6112 | amendment is not in compliance with the requirements of this |
| 6113 | act. In any proceeding initiated pursuant to this subsection, |
| 6114 | The state land planning agency may not intervene in any |
| 6115 | proceeding initiated pursuant to this section. |
| 6116 | (b)1. If the administrative law judge recommends that the |
| 6117 | small scale development amendment be found not in compliance, |
| 6118 | the administrative law judge shall submit the recommended order |
| 6119 | to the Administration Commission for final agency action. If the |
| 6120 | administrative law judge recommends that the small scale |
| 6121 | development amendment be found in compliance, the administrative |
| 6122 | law judge shall submit the recommended order to the state land |
| 6123 | planning agency. |
| 6124 | 2. If the state land planning agency determines that the |
| 6125 | plan amendment is not in compliance, the agency shall submit, |
| 6126 | within 30 days following its receipt, the recommended order to |
| 6127 | the Administration Commission for final agency action. If the |
| 6128 | state land planning agency determines that the plan amendment is |
| 6129 | in compliance, the agency shall enter a final order within 30 |
| 6130 | days following its receipt of the recommended order. |
| 6131 | (c) Small scale development amendments may shall not |
| 6132 | become effective until 31 days after adoption. If challenged |
| 6133 | within 30 days after adoption, small scale development |
| 6134 | amendments may shall not become effective until the state land |
| 6135 | planning agency or the Administration Commission, respectively, |
| 6136 | issues a final order determining that the adopted small scale |
| 6137 | development amendment is in compliance. |
| 6138 | (d) In all challenges under this subsection, when a |
| 6139 | determination of compliance as defined in s. 163.3184(1)(b) is |
| 6140 | made, consideration shall be given to the plan amendment as a |
| 6141 | whole and whether the plan amendment furthers the intent of this |
| 6142 | part. |
| 6143 | (4) Each governing body shall transmit to the state land |
| 6144 | planning agency a current copy of its comprehensive plan not |
| 6145 | later than December 1, 1985. Each governing body shall also |
| 6146 | transmit copies of any amendments it adopts to its comprehensive |
| 6147 | plan so as to continually update the plans on file with the |
| 6148 | state land planning agency. |
| 6149 | (5) Nothing in this part is intended to prohibit or limit |
| 6150 | the authority of local governments to require that a person |
| 6151 | requesting an amendment pay some or all of the cost of public |
| 6152 | notice. |
| 6153 | (6)(a) No local government may amend its comprehensive |
| 6154 | plan after the date established by the state land planning |
| 6155 | agency for adoption of its evaluation and appraisal report |
| 6156 | unless it has submitted its report or addendum to the state land |
| 6157 | planning agency as prescribed by s. 163.3191, except for plan |
| 6158 | amendments described in paragraph (1)(b) or paragraph (1)(h). |
| 6159 | (b) A local government may amend its comprehensive plan |
| 6160 | after it has submitted its adopted evaluation and appraisal |
| 6161 | report and for a period of 1 year after the initial |
| 6162 | determination of sufficiency regardless of whether the report |
| 6163 | has been determined to be insufficient. |
| 6164 | (c) A local government may not amend its comprehensive |
| 6165 | plan, except for plan amendments described in paragraph (1)(b), |
| 6166 | if the 1-year period after the initial sufficiency determination |
| 6167 | of the report has expired and the report has not been determined |
| 6168 | to be sufficient. |
| 6169 | (d) When the state land planning agency has determined |
| 6170 | that the report has sufficiently addressed all pertinent |
| 6171 | provisions of s. 163.3191, the local government may amend its |
| 6172 | comprehensive plan without the limitations imposed by paragraph |
| 6173 | (a) or paragraph (c). |
| 6174 | (e) Any plan amendment which a local government attempts |
| 6175 | to adopt in violation of paragraph (a) or paragraph (c) is |
| 6176 | invalid, but such invalidity may be overcome if the local |
| 6177 | government readopts the amendment and transmits the amendment to |
| 6178 | the state land planning agency pursuant to s. 163.3184(7) after |
| 6179 | the report is determined to be sufficient. |
| 6180 | Section 19. Section 163.3189, Florida Statutes, is |
| 6181 | repealed. |
| 6182 | Section 20. Section 163.3191, Florida Statutes, is amended |
| 6183 | to read: |
| 6184 | 163.3191 Evaluation and appraisal of comprehensive plan.- |
| 6185 | (1) At least once every 7 years, each local government |
| 6186 | shall evaluate its comprehensive plan to determine if plan |
| 6187 | amendments are necessary to reflect changes in state |
| 6188 | requirements in this part since the last update of the |
| 6189 | comprehensive plan, and notify the state land planning agency as |
| 6190 | to its determination. |
| 6191 | (2) If the local government determines amendments to its |
| 6192 | comprehensive plan are necessary to reflect changes in state |
| 6193 | requirements, the local government shall prepare and transmit |
| 6194 | within 1 year such plan amendment or amendments for review |
| 6195 | pursuant to s. 163.3184. |
| 6196 | (3) Local governments are encouraged to comprehensively |
| 6197 | evaluate and, as necessary, update comprehensive plans to |
| 6198 | reflect changes in local conditions. Plan amendments transmitted |
| 6199 | pursuant to this section shall be reviewed in accordance with s. |
| 6200 | 163.3184. |
| 6201 | (4) If a local government fails to submit its letter |
| 6202 | prescribed by subsection (1) or update its plan pursuant to |
| 6203 | subsection (2), it may not amend its comprehensive plan until |
| 6204 | such time as it complies with this section. |
| 6205 | (1) The planning program shall be a continuous and ongoing |
| 6206 | process. Each local government shall adopt an evaluation and |
| 6207 | appraisal report once every 7 years assessing the progress in |
| 6208 | implementing the local government's comprehensive plan. |
| 6209 | Furthermore, it is the intent of this section that: |
| 6210 | (a) Adopted comprehensive plans be reviewed through such |
| 6211 | evaluation process to respond to changes in state, regional, and |
| 6212 | local policies on planning and growth management and changing |
| 6213 | conditions and trends, to ensure effective intergovernmental |
| 6214 | coordination, and to identify major issues regarding the |
| 6215 | community's achievement of its goals. |
| 6216 | (b) After completion of the initial evaluation and |
| 6217 | appraisal report and any supporting plan amendments, each |
| 6218 | subsequent evaluation and appraisal report must evaluate the |
| 6219 | comprehensive plan in effect at the time of the initiation of |
| 6220 | the evaluation and appraisal report process. |
| 6221 | (c) Local governments identify the major issues, if |
| 6222 | applicable, with input from state agencies, regional agencies, |
| 6223 | adjacent local governments, and the public in the evaluation and |
| 6224 | appraisal report process. It is also the intent of this section |
| 6225 | to establish minimum requirements for information to ensure |
| 6226 | predictability, certainty, and integrity in the growth |
| 6227 | management process. The report is intended to serve as a summary |
| 6228 | audit of the actions that a local government has undertaken and |
| 6229 | identify changes that it may need to make. The report should be |
| 6230 | based on the local government's analysis of major issues to |
| 6231 | further the community's goals consistent with statewide minimum |
| 6232 | standards. The report is not intended to require a comprehensive |
| 6233 | rewrite of the elements within the local plan, unless a local |
| 6234 | government chooses to do so. |
| 6235 | (2) The report shall present an evaluation and assessment |
| 6236 | of the comprehensive plan and shall contain appropriate |
| 6237 | statements to update the comprehensive plan, including, but not |
| 6238 | limited to, words, maps, illustrations, or other media, related |
| 6239 | to: |
| 6240 | (a) Population growth and changes in land area, including |
| 6241 | annexation, since the adoption of the original plan or the most |
| 6242 | recent update amendments. |
| 6243 | (b) The extent of vacant and developable land. |
| 6244 | (c) The financial feasibility of implementing the |
| 6245 | comprehensive plan and of providing needed infrastructure to |
| 6246 | achieve and maintain adopted level-of-service standards and |
| 6247 | sustain concurrency management systems through the capital |
| 6248 | improvements element, as well as the ability to address |
| 6249 | infrastructure backlogs and meet the demands of growth on public |
| 6250 | services and facilities. |
| 6251 | (d) The location of existing development in relation to |
| 6252 | the location of development as anticipated in the original plan, |
| 6253 | or in the plan as amended by the most recent evaluation and |
| 6254 | appraisal report update amendments, such as within areas |
| 6255 | designated for urban growth. |
| 6256 | (e) An identification of the major issues for the |
| 6257 | jurisdiction and, where pertinent, the potential social, |
| 6258 | economic, and environmental impacts. |
| 6259 | (f) Relevant changes to the state comprehensive plan, the |
| 6260 | requirements of this part, the minimum criteria contained in |
| 6261 | chapter 9J-5, Florida Administrative Code, and the appropriate |
| 6262 | strategic regional policy plan since the adoption of the |
| 6263 | original plan or the most recent evaluation and appraisal report |
| 6264 | update amendments. |
| 6265 | (g) An assessment of whether the plan objectives within |
| 6266 | each element, as they relate to major issues, have been |
| 6267 | achieved. The report shall include, as appropriate, an |
| 6268 | identification as to whether unforeseen or unanticipated changes |
| 6269 | in circumstances have resulted in problems or opportunities with |
| 6270 | respect to major issues identified in each element and the |
| 6271 | social, economic, and environmental impacts of the issue. |
| 6272 | (h) A brief assessment of successes and shortcomings |
| 6273 | related to each element of the plan. |
| 6274 | (i) The identification of any actions or corrective |
| 6275 | measures, including whether plan amendments are anticipated to |
| 6276 | address the major issues identified and analyzed in the report. |
| 6277 | Such identification shall include, as appropriate, new |
| 6278 | population projections, new revised planning timeframes, a |
| 6279 | revised future conditions map or map series, an updated capital |
| 6280 | improvements element, and any new and revised goals, objectives, |
| 6281 | and policies for major issues identified within each element. |
| 6282 | This paragraph shall not require the submittal of the plan |
| 6283 | amendments with the evaluation and appraisal report. |
| 6284 | (j) A summary of the public participation program and |
| 6285 | activities undertaken by the local government in preparing the |
| 6286 | report. |
| 6287 | (k) The coordination of the comprehensive plan with |
| 6288 | existing public schools and those identified in the applicable |
| 6289 | educational facilities plan adopted pursuant to s. 1013.35. The |
| 6290 | assessment shall address, where relevant, the success or failure |
| 6291 | of the coordination of the future land use map and associated |
| 6292 | planned residential development with public schools and their |
| 6293 | capacities, as well as the joint decisionmaking processes |
| 6294 | engaged in by the local government and the school board in |
| 6295 | regard to establishing appropriate population projections and |
| 6296 | the planning and siting of public school facilities. For those |
| 6297 | counties or municipalities that do not have a public schools |
| 6298 | interlocal agreement or public school facilities element, the |
| 6299 | assessment shall determine whether the local government |
| 6300 | continues to meet the criteria of s. 163.3177(12). If the county |
| 6301 | or municipality determines that it no longer meets the criteria, |
| 6302 | it must adopt appropriate school concurrency goals, objectives, |
| 6303 | and policies in its plan amendments pursuant to the requirements |
| 6304 | of the public school facilities element, and enter into the |
| 6305 | existing interlocal agreement required by ss. 163.3177(6)(h)2. |
| 6306 | and 163.31777 in order to fully participate in the school |
| 6307 | concurrency system. |
| 6308 | (l) The extent to which the local government has been |
| 6309 | successful in identifying alternative water supply projects and |
| 6310 | traditional water supply projects, including conservation and |
| 6311 | reuse, necessary to meet the water needs identified in s. |
| 6312 | 373.709(2)(a) within the local government's jurisdiction. The |
| 6313 | report must evaluate the degree to which the local government |
| 6314 | has implemented the work plan for building public, private, and |
| 6315 | regional water supply facilities, including development of |
| 6316 | alternative water supplies, identified in the element as |
| 6317 | necessary to serve existing and new development. |
| 6318 | (m) If any of the jurisdiction of the local government is |
| 6319 | located within the coastal high-hazard area, an evaluation of |
| 6320 | whether any past reduction in land use density impairs the |
| 6321 | property rights of current residents when redevelopment occurs, |
| 6322 | including, but not limited to, redevelopment following a natural |
| 6323 | disaster. The property rights of current residents shall be |
| 6324 | balanced with public safety considerations. The local government |
| 6325 | must identify strategies to address redevelopment feasibility |
| 6326 | and the property rights of affected residents. These strategies |
| 6327 | may include the authorization of redevelopment up to the actual |
| 6328 | built density in existence on the property prior to the natural |
| 6329 | disaster or redevelopment. |
| 6330 | (n) An assessment of whether the criteria adopted pursuant |
| 6331 | to s. 163.3177(6)(a) were successful in achieving compatibility |
| 6332 | with military installations. |
| 6333 | (o) The extent to which a concurrency exception area |
| 6334 | designated pursuant to s. 163.3180(5), a concurrency management |
| 6335 | area designated pursuant to s. 163.3180(7), or a multimodal |
| 6336 | transportation district designated pursuant to s. 163.3180(15) |
| 6337 | has achieved the purpose for which it was created and otherwise |
| 6338 | complies with the provisions of s. 163.3180. |
| 6339 | (p) An assessment of the extent to which changes are |
| 6340 | needed to develop a common methodology for measuring impacts on |
| 6341 | transportation facilities for the purpose of implementing its |
| 6342 | concurrency management system in coordination with the |
| 6343 | municipalities and counties, as appropriate pursuant to s. |
| 6344 | 163.3180(10). |
| 6345 | (3) Voluntary scoping meetings may be conducted by each |
| 6346 | local government or several local governments within the same |
| 6347 | county that agree to meet together. Joint meetings among all |
| 6348 | local governments in a county are encouraged. All scoping |
| 6349 | meetings shall be completed at least 1 year prior to the |
| 6350 | established adoption date of the report. The purpose of the |
| 6351 | meetings shall be to distribute data and resources available to |
| 6352 | assist in the preparation of the report, to provide input on |
| 6353 | major issues in each community that should be addressed in the |
| 6354 | report, and to advise on the extent of the effort for the |
| 6355 | components of subsection (2). If scoping meetings are held, the |
| 6356 | local government shall invite each state and regional reviewing |
| 6357 | agency, as well as adjacent and other affected local |
| 6358 | governments. A preliminary list of new data and major issues |
| 6359 | that have emerged since the adoption of the original plan, or |
| 6360 | the most recent evaluation and appraisal report-based update |
| 6361 | amendments, should be developed by state and regional entities |
| 6362 | and involved local governments for distribution at the scoping |
| 6363 | meeting. For purposes of this subsection, a "scoping meeting" is |
| 6364 | a meeting conducted to determine the scope of review of the |
| 6365 | evaluation and appraisal report by parties to which the report |
| 6366 | relates. |
| 6367 | (4) The local planning agency shall prepare the evaluation |
| 6368 | and appraisal report and shall make recommendations to the |
| 6369 | governing body regarding adoption of the proposed report. The |
| 6370 | local planning agency shall prepare the report in conformity |
| 6371 | with its public participation procedures adopted as required by |
| 6372 | s. 163.3181. During the preparation of the proposed report and |
| 6373 | prior to making any recommendation to the governing body, the |
| 6374 | local planning agency shall hold at least one public hearing, |
| 6375 | with public notice, on the proposed report. At a minimum, the |
| 6376 | format and content of the proposed report shall include a table |
| 6377 | of contents; numbered pages; element headings; section headings |
| 6378 | within elements; a list of included tables, maps, and figures; a |
| 6379 | title and sources for all included tables; a preparation date; |
| 6380 | and the name of the preparer. Where applicable, maps shall |
| 6381 | include major natural and artificial geographic features; city, |
| 6382 | county, and state lines; and a legend indicating a north arrow, |
| 6383 | map scale, and the date. |
| 6384 | (5) Ninety days prior to the scheduled adoption date, the |
| 6385 | local government may provide a proposed evaluation and appraisal |
| 6386 | report to the state land planning agency and distribute copies |
| 6387 | to state and regional commenting agencies as prescribed by rule, |
| 6388 | adjacent jurisdictions, and interested citizens for review. All |
| 6389 | review comments, including comments by the state land planning |
| 6390 | agency, shall be transmitted to the local government and state |
| 6391 | land planning agency within 30 days after receipt of the |
| 6392 | proposed report. |
| 6393 | (6) The governing body, after considering the review |
| 6394 | comments and recommended changes, if any, shall adopt the |
| 6395 | evaluation and appraisal report by resolution or ordinance at a |
| 6396 | public hearing with public notice. The governing body shall |
| 6397 | adopt the report in conformity with its public participation |
| 6398 | procedures adopted as required by s. 163.3181. The local |
| 6399 | government shall submit to the state land planning agency three |
| 6400 | copies of the report, a transmittal letter indicating the dates |
| 6401 | of public hearings, and a copy of the adoption resolution or |
| 6402 | ordinance. The local government shall provide a copy of the |
| 6403 | report to the reviewing agencies which provided comments for the |
| 6404 | proposed report, or to all the reviewing agencies if a proposed |
| 6405 | report was not provided pursuant to subsection (5), including |
| 6406 | the adjacent local governments. Within 60 days after receipt, |
| 6407 | the state land planning agency shall review the adopted report |
| 6408 | and make a preliminary sufficiency determination that shall be |
| 6409 | forwarded by the agency to the local government for its |
| 6410 | consideration. The state land planning agency shall issue a |
| 6411 | final sufficiency determination within 90 days after receipt of |
| 6412 | the adopted evaluation and appraisal report. |
| 6413 | (7) The intent of the evaluation and appraisal process is |
| 6414 | the preparation of a plan update that clearly and concisely |
| 6415 | achieves the purpose of this section. Toward this end, the |
| 6416 | sufficiency review of the state land planning agency shall |
| 6417 | concentrate on whether the evaluation and appraisal report |
| 6418 | sufficiently fulfills the components of subsection (2). If the |
| 6419 | state land planning agency determines that the report is |
| 6420 | insufficient, the governing body shall adopt a revision of the |
| 6421 | report and submit the revised report for review pursuant to |
| 6422 | subsection (6). |
| 6423 | (8) The state land planning agency may delegate the review |
| 6424 | of evaluation and appraisal reports, including all state land |
| 6425 | planning agency duties under subsections (4)-(7), to the |
| 6426 | appropriate regional planning council. When the review has been |
| 6427 | delegated to a regional planning council, any local government |
| 6428 | in the region may elect to have its report reviewed by the |
| 6429 | regional planning council rather than the state land planning |
| 6430 | agency. The state land planning agency shall by agreement |
| 6431 | provide for uniform and adequate review of reports and shall |
| 6432 | retain oversight for any delegation of review to a regional |
| 6433 | planning council. |
| 6434 | (9) The state land planning agency may establish a phased |
| 6435 | schedule for adoption of reports. The schedule shall provide |
| 6436 | each local government at least 7 years from plan adoption or |
| 6437 | last established adoption date for a report and shall allot |
| 6438 | approximately one-seventh of the reports to any 1 year. In order |
| 6439 | to allow the municipalities to use data and analyses gathered by |
| 6440 | the counties, the state land planning agency shall schedule |
| 6441 | municipal report adoption dates between 1 year and 18 months |
| 6442 | later than the report adoption date for the county in which |
| 6443 | those municipalities are located. A local government may adopt |
| 6444 | its report no earlier than 90 days prior to the established |
| 6445 | adoption date. Small municipalities which were scheduled by |
| 6446 | chapter 9J-33, Florida Administrative Code, to adopt their |
| 6447 | evaluation and appraisal report after February 2, 1999, shall be |
| 6448 | rescheduled to adopt their report together with the other |
| 6449 | municipalities in their county as provided in this subsection. |
| 6450 | (10) The governing body shall amend its comprehensive plan |
| 6451 | based on the recommendations in the report and shall update the |
| 6452 | comprehensive plan based on the components of subsection (2), |
| 6453 | pursuant to the provisions of ss. 163.3184, 163.3187, and |
| 6454 | 163.3189. Amendments to update a comprehensive plan based on the |
| 6455 | evaluation and appraisal report shall be adopted during a single |
| 6456 | amendment cycle within 18 months after the report is determined |
| 6457 | to be sufficient by the state land planning agency, except the |
| 6458 | state land planning agency may grant an extension for adoption |
| 6459 | of a portion of such amendments. The state land planning agency |
| 6460 | may grant a 6-month extension for the adoption of such |
| 6461 | amendments if the request is justified by good and sufficient |
| 6462 | cause as determined by the agency. An additional extension may |
| 6463 | also be granted if the request will result in greater |
| 6464 | coordination between transportation and land use, for the |
| 6465 | purposes of improving Florida's transportation system, as |
| 6466 | determined by the agency in coordination with the Metropolitan |
| 6467 | Planning Organization program. Beginning July 1, 2006, failure |
| 6468 | to timely adopt and transmit update amendments to the |
| 6469 | comprehensive plan based on the evaluation and appraisal report |
| 6470 | shall result in a local government being prohibited from |
| 6471 | adopting amendments to the comprehensive plan until the |
| 6472 | evaluation and appraisal report update amendments have been |
| 6473 | adopted and transmitted to the state land planning agency. The |
| 6474 | prohibition on plan amendments shall commence when the update |
| 6475 | amendments to the comprehensive plan are past due. The |
| 6476 | comprehensive plan as amended shall be in compliance as defined |
| 6477 | in s. 163.3184(1)(b). Within 6 months after the effective date |
| 6478 | of the update amendments to the comprehensive plan, the local |
| 6479 | government shall provide to the state land planning agency and |
| 6480 | to all agencies designated by rule a complete copy of the |
| 6481 | updated comprehensive plan. |
| 6482 | (11) The Administration Commission may impose the |
| 6483 | sanctions provided by s. 163.3184(11) against any local |
| 6484 | government that fails to adopt and submit a report, or that |
| 6485 | fails to implement its report through timely and sufficient |
| 6486 | amendments to its local plan, except for reasons of excusable |
| 6487 | delay or valid planning reasons agreed to by the state land |
| 6488 | planning agency or found present by the Administration |
| 6489 | Commission. Sanctions for untimely or insufficient plan |
| 6490 | amendments shall be prospective only and shall begin after a |
| 6491 | final order has been issued by the Administration Commission and |
| 6492 | a reasonable period of time has been allowed for the local |
| 6493 | government to comply with an adverse determination by the |
| 6494 | Administration Commission through adoption of plan amendments |
| 6495 | that are in compliance. The state land planning agency may |
| 6496 | initiate, and an affected person may intervene in, such a |
| 6497 | proceeding by filing a petition with the Division of |
| 6498 | Administrative Hearings, which shall appoint an administrative |
| 6499 | law judge and conduct a hearing pursuant to ss. 120.569 and |
| 6500 | 120.57(1) and shall submit a recommended order to the |
| 6501 | Administration Commission. The affected local government shall |
| 6502 | be a party to any such proceeding. The commission may implement |
| 6503 | this subsection by rule. |
| 6504 | (5)(12) The state land planning agency may shall not adopt |
| 6505 | rules to implement this section, other than procedural rules or |
| 6506 | a schedule indicating when local governments must comply with |
| 6507 | the requirements of this section. |
| 6508 | (13) The state land planning agency shall regularly review |
| 6509 | the evaluation and appraisal report process and submit a report |
| 6510 | to the Governor, the Administration Commission, the Speaker of |
| 6511 | the House of Representatives, the President of the Senate, and |
| 6512 | the respective community affairs committees of the Senate and |
| 6513 | the House of Representatives. The first report shall be |
| 6514 | submitted by December 31, 2004, and subsequent reports shall be |
| 6515 | submitted every 5 years thereafter. At least 9 months before the |
| 6516 | due date of each report, the Secretary of Community Affairs |
| 6517 | shall appoint a technical committee of at least 15 members to |
| 6518 | assist in the preparation of the report. The membership of the |
| 6519 | technical committee shall consist of representatives of local |
| 6520 | governments, regional planning councils, the private sector, and |
| 6521 | environmental organizations. The report shall assess the |
| 6522 | effectiveness of the evaluation and appraisal report process. |
| 6523 | (14) The requirement of subsection (10) prohibiting a |
| 6524 | local government from adopting amendments to the local |
| 6525 | comprehensive plan until the evaluation and appraisal report |
| 6526 | update amendments have been adopted and transmitted to the state |
| 6527 | land planning agency does not apply to a plan amendment proposed |
| 6528 | for adoption by the appropriate local government as defined in |
| 6529 | s. 163.3178(2)(k) in order to integrate a port comprehensive |
| 6530 | master plan with the coastal management element of the local |
| 6531 | comprehensive plan as required by s. 163.3178(2)(k) if the port |
| 6532 | comprehensive master plan or the proposed plan amendment does |
| 6533 | not cause or contribute to the failure of the local government |
| 6534 | to comply with the requirements of the evaluation and appraisal |
| 6535 | report. |
| 6536 | Section 21. Paragraph (b) of subsection (2) of section |
| 6537 | 163.3217, Florida Statutes, is amended to read: |
| 6538 | 163.3217 Municipal overlay for municipal incorporation.- |
| 6539 | (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL |
| 6540 | OVERLAY.- |
| 6541 | (b)1. A municipal overlay shall be adopted as an amendment |
| 6542 | to the local government comprehensive plan as prescribed by s. |
| 6543 | 163.3184. |
| 6544 | 2. A county may consider the adoption of a municipal |
| 6545 | overlay without regard to the provisions of s. 163.3187(1) |
| 6546 | regarding the frequency of adoption of amendments to the local |
| 6547 | comprehensive plan. |
| 6548 | Section 22. Subsection (3) of section 163.3220, Florida |
| 6549 | Statutes, is amended to read: |
| 6550 | 163.3220 Short title; legislative intent.- |
| 6551 | (3) In conformity with, in furtherance of, and to |
| 6552 | implement the Community Local Government Comprehensive Planning |
| 6553 | and Land Development Regulation Act and the Florida State |
| 6554 | Comprehensive Planning Act of 1972, it is the intent of the |
| 6555 | Legislature to encourage a stronger commitment to comprehensive |
| 6556 | and capital facilities planning, ensure the provision of |
| 6557 | adequate public facilities for development, encourage the |
| 6558 | efficient use of resources, and reduce the economic cost of |
| 6559 | development. |
| 6560 | Section 23. Subsections (2) and (11) of section 163.3221, |
| 6561 | Florida Statutes, are amended to read: |
| 6562 | 163.3221 Florida Local Government Development Agreement |
| 6563 | Act; definitions.-As used in ss. 163.3220-163.3243: |
| 6564 | (2) "Comprehensive plan" means a plan adopted pursuant to |
| 6565 | the Community "Local Government Comprehensive Planning and Land |
| 6566 | Development Regulation Act." |
| 6567 | (11) "Local planning agency" means the agency designated |
| 6568 | to prepare a comprehensive plan or plan amendment pursuant to |
| 6569 | the Community "Florida Local Government Comprehensive Planning |
| 6570 | and Land Development Regulation Act." |
| 6571 | Section 24. Section 163.3229, Florida Statutes, is amended |
| 6572 | to read: |
| 6573 | 163.3229 Duration of a development agreement and |
| 6574 | relationship to local comprehensive plan.-The duration of a |
| 6575 | development agreement may shall not exceed 30 20 years, unless |
| 6576 | it is. It may be extended by mutual consent of the governing |
| 6577 | body and the developer, subject to a public hearing in |
| 6578 | accordance with s. 163.3225. No development agreement shall be |
| 6579 | effective or be implemented by a local government unless the |
| 6580 | local government's comprehensive plan and plan amendments |
| 6581 | implementing or related to the agreement are found in compliance |
| 6582 | by the state land planning agency in accordance with s. |
| 6583 | 163.3184, s. 163.3187, or s. 163.3189. |
| 6584 | Section 25. Section 163.3235, Florida Statutes, is amended |
| 6585 | to read: |
| 6586 | 163.3235 Periodic review of a development agreement.-A |
| 6587 | local government shall review land subject to a development |
| 6588 | agreement at least once every 12 months to determine if there |
| 6589 | has been demonstrated good faith compliance with the terms of |
| 6590 | the development agreement. For each annual review conducted |
| 6591 | during years 6 through 10 of a development agreement, the review |
| 6592 | shall be incorporated into a written report which shall be |
| 6593 | submitted to the parties to the agreement and the state land |
| 6594 | planning agency. The state land planning agency shall adopt |
| 6595 | rules regarding the contents of the report, provided that the |
| 6596 | report shall be limited to the information sufficient to |
| 6597 | determine the extent to which the parties are proceeding in good |
| 6598 | faith to comply with the terms of the development agreement. If |
| 6599 | the local government finds, on the basis of substantial |
| 6600 | competent evidence, that there has been a failure to comply with |
| 6601 | the terms of the development agreement, the agreement may be |
| 6602 | revoked or modified by the local government. |
| 6603 | Section 26. Section 163.3239, Florida Statutes, is amended |
| 6604 | to read: |
| 6605 | 163.3239 Recording and effectiveness of a development |
| 6606 | agreement.-Within 14 days after a local government enters into a |
| 6607 | development agreement, the local government shall record the |
| 6608 | agreement with the clerk of the circuit court in the county |
| 6609 | where the local government is located. A copy of the recorded |
| 6610 | development agreement shall be submitted to the state land |
| 6611 | planning agency within 14 days after the agreement is recorded. |
| 6612 | A development agreement is shall not be effective until it is |
| 6613 | properly recorded in the public records of the county and until |
| 6614 | 30 days after having been received by the state land planning |
| 6615 | agency pursuant to this section. The burdens of the development |
| 6616 | agreement shall be binding upon, and the benefits of the |
| 6617 | agreement shall inure to, all successors in interest to the |
| 6618 | parties to the agreement. |
| 6619 | Section 27. Section 163.3243, Florida Statutes, is amended |
| 6620 | to read: |
| 6621 | 163.3243 Enforcement.-Any party or, any aggrieved or |
| 6622 | adversely affected person as defined in s. 163.3215(2), or the |
| 6623 | state land planning agency may file an action for injunctive |
| 6624 | relief in the circuit court where the local government is |
| 6625 | located to enforce the terms of a development agreement or to |
| 6626 | challenge compliance of the agreement with the provisions of ss. |
| 6627 | 163.3220-163.3243. |
| 6628 | Section 28. Section 163.3245, Florida Statutes, is amended |
| 6629 | to read: |
| 6630 | 163.3245 Optional Sector plans.- |
| 6631 | (1) In recognition of the benefits of conceptual long- |
| 6632 | range planning for the buildout of an area, and detailed |
| 6633 | planning for specific areas, as a demonstration project, the |
| 6634 | requirements of s. 380.06 may be addressed as identified by this |
| 6635 | section for up to five local governments or combinations of |
| 6636 | local governments may which adopt into their the comprehensive |
| 6637 | plans a plan an optional sector plan in accordance with this |
| 6638 | section. This section is intended to promote and encourage long- |
| 6639 | term planning for conservation, development, and agriculture on |
| 6640 | a landscape scale; to further the intent of s. 163.3177(11), |
| 6641 | which supports innovative and flexible planning and development |
| 6642 | strategies, and the purposes of this part, and part I of chapter |
| 6643 | 380; to facilitate protection of regionally significant |
| 6644 | resources, including, but not limited to, regionally significant |
| 6645 | water courses and wildlife corridors;, and to avoid duplication |
| 6646 | of effort in terms of the level of data and analysis required |
| 6647 | for a development of regional impact, while ensuring the |
| 6648 | adequate mitigation of impacts to applicable regional resources |
| 6649 | and facilities, including those within the jurisdiction of other |
| 6650 | local governments, as would otherwise be provided. Optional |
| 6651 | Sector plans are intended for substantial geographic areas that |
| 6652 | include including at least 15,000 5,000 acres of one or more |
| 6653 | local governmental jurisdictions and are to emphasize urban form |
| 6654 | and protection of regionally significant resources and public |
| 6655 | facilities. A The state land planning agency may approve |
| 6656 | optional sector plans of less than 5,000 acres based on local |
| 6657 | circumstances if it is determined that the plan would further |
| 6658 | the purposes of this part and part I of chapter 380. Preparation |
| 6659 | of an optional sector plan is authorized by agreement between |
| 6660 | the state land planning agency and the applicable local |
| 6661 | governments under s. 163.3171(4). An optional sector plan may be |
| 6662 | adopted through one or more comprehensive plan amendments under |
| 6663 | s. 163.3184. However, an optional sector plan may not be adopted |
| 6664 | authorized in an area of critical state concern. |
| 6665 | (2) Upon the request of a local government having |
| 6666 | jurisdiction, The state land planning agency may enter into an |
| 6667 | agreement to authorize preparation of an optional sector plan |
| 6668 | upon the request of one or more local governments based on |
| 6669 | consideration of problems and opportunities presented by |
| 6670 | existing development trends; the effectiveness of current |
| 6671 | comprehensive plan provisions; the potential to further the |
| 6672 | state comprehensive plan, applicable strategic regional policy |
| 6673 | plans, this part, and part I of chapter 380; and those factors |
| 6674 | identified by s. 163.3177(10)(i). the applicable regional |
| 6675 | planning council shall conduct a scoping meeting with affected |
| 6676 | local governments and those agencies identified in s. |
| 6677 | 163.3184(1)(c)(4) before preparation of the sector plan |
| 6678 | execution of the agreement authorized by this section. The |
| 6679 | purpose of this meeting is to assist the state land planning |
| 6680 | agency and the local government in the identification of the |
| 6681 | relevant planning issues to be addressed and the data and |
| 6682 | resources available to assist in the preparation of the sector |
| 6683 | plan subsequent plan amendments. If a scoping meeting is |
| 6684 | conducted, the regional planning council shall make written |
| 6685 | recommendations to the state land planning agency and affected |
| 6686 | local governments on the issues requested by the local |
| 6687 | government. The scoping meeting shall be noticed and open to the |
| 6688 | public. If the entire planning area proposed for the sector plan |
| 6689 | is within the jurisdiction of two or more local governments, |
| 6690 | some or all of them may enter into a joint planning agreement |
| 6691 | pursuant to s. 163.3171 with respect to, including whether a |
| 6692 | sustainable sector plan would be appropriate. The agreement must |
| 6693 | define the geographic area to be subject to the sector plan, the |
| 6694 | planning issues that will be emphasized, procedures requirements |
| 6695 | for intergovernmental coordination to address |
| 6696 | extrajurisdictional impacts, supporting application materials |
| 6697 | including data and analysis, and procedures for public |
| 6698 | participation, or other issues. An agreement may address |
| 6699 | previously adopted sector plans that are consistent with the |
| 6700 | standards in this section. Before executing an agreement under |
| 6701 | this subsection, the local government shall hold a duly noticed |
| 6702 | public workshop to review and explain to the public the optional |
| 6703 | sector planning process and the terms and conditions of the |
| 6704 | proposed agreement. The local government shall hold a duly |
| 6705 | noticed public hearing to execute the agreement. All meetings |
| 6706 | between the department and the local government must be open to |
| 6707 | the public. |
| 6708 | (3) Optional Sector planning encompasses two levels: |
| 6709 | adoption pursuant to under s. 163.3184 of a conceptual long-term |
| 6710 | master plan for the entire planning area as part of the |
| 6711 | comprehensive plan, and adoption by local development order of |
| 6712 | two or more buildout overlay to the comprehensive plan, having |
| 6713 | no immediate effect on the issuance of development orders or the |
| 6714 | applicability of s. 380.06, and adoption under s. 163.3184 of |
| 6715 | detailed specific area plans that implement the conceptual long- |
| 6716 | term master plan buildout overlay and authorize issuance of |
| 6717 | development orders, and within which s. 380.06 is waived. Until |
| 6718 | such time as a detailed specific area plan is adopted, the |
| 6719 | underlying future land use designations apply. |
| 6720 | (a) In addition to the other requirements of this chapter, |
| 6721 | a long-term master plan pursuant to this section conceptual |
| 6722 | long-term buildout overlay must include maps, illustrations, and |
| 6723 | text supported by data and analysis to address the following: |
| 6724 | 1. A long-range conceptual framework map that, at a |
| 6725 | minimum, generally depicts identifies anticipated areas of |
| 6726 | urban, agricultural, rural, and conservation land use, |
| 6727 | identifies allowed uses in various parts of the planning area, |
| 6728 | specifies maximum and minimum densities and intensities of use, |
| 6729 | and provides the general framework for the development pattern |
| 6730 | in developed areas with graphic illustrations based on a |
| 6731 | hierarchy of places and functional place-making components. |
| 6732 | 2. A general identification of the water supplies needed |
| 6733 | and available sources of water, including water resource |
| 6734 | development and water supply development projects, and water |
| 6735 | conservation measures needed to meet the projected demand of the |
| 6736 | future land uses in the long-term master plan. |
| 6737 | 3. A general identification of the transportation |
| 6738 | facilities to serve the future land uses in the long-term master |
| 6739 | plan, including guidelines to be used to establish each modal |
| 6740 | component intended to optimize mobility. |
| 6741 | 4.2. A general identification of other regionally |
| 6742 | significant public facilities consistent with chapter 9J-2, |
| 6743 | Florida Administrative Code, irrespective of local governmental |
| 6744 | jurisdiction necessary to support buildout of the anticipated |
| 6745 | future land uses, which may include central utilities provided |
| 6746 | onsite within the planning area, and policies setting forth the |
| 6747 | procedures to be used to mitigate the impacts of future land |
| 6748 | uses on public facilities. |
| 6749 | 5.3. A general identification of regionally significant |
| 6750 | natural resources within the planning area based on the best |
| 6751 | available data and policies setting forth the procedures for |
| 6752 | protection or conservation of specific resources consistent with |
| 6753 | the overall conservation and development strategy for the |
| 6754 | planning area consistent with chapter 9J-2, Florida |
| 6755 | Administrative Code. |
| 6756 | 6.4. General principles and guidelines addressing that |
| 6757 | address the urban form and the interrelationships of anticipated |
| 6758 | future land uses; the protection and, as appropriate, |
| 6759 | restoration and management of lands identified for permanent |
| 6760 | preservation through recordation of conservation easements |
| 6761 | consistent with s. 704.06, which shall be phased or staged in |
| 6762 | coordination with detailed specific area plans to reflect phased |
| 6763 | or staged development within the planning area; and a |
| 6764 | discussion, at the applicant's option, of the extent, if any, to |
| 6765 | which the plan will address restoring key ecosystems, achieving |
| 6766 | a more clean, healthy environment;, limiting urban sprawl; |
| 6767 | providing a range of housing types;, protecting wildlife and |
| 6768 | natural areas;, advancing the efficient use of land and other |
| 6769 | resources;, and creating quality communities of a design that |
| 6770 | promotes travel by multiple transportation modes; and enhancing |
| 6771 | the prospects for the creation of jobs. |
| 6772 | 7.5. Identification of general procedures and policies to |
| 6773 | facilitate ensure intergovernmental coordination to address |
| 6774 | extrajurisdictional impacts from the future land uses long-range |
| 6775 | conceptual framework map. |
| 6776 |
|
| 6777 | A long-term master plan adopted pursuant to this section may be |
| 6778 | based upon a planning period longer than the generally |
| 6779 | applicable planning period of the local comprehensive plan, |
| 6780 | shall specify the projected population within the planning area |
| 6781 | during the chosen planning period, and may include a phasing or |
| 6782 | staging schedule that allocates a portion of the local |
| 6783 | government's future growth to the planning area through the |
| 6784 | planning period. A long-term master plan adopted pursuant to |
| 6785 | this section is not required to demonstrate need based upon |
| 6786 | projected population growth or on any other basis. |
| 6787 | (b) In addition to the other requirements of this chapter, |
| 6788 | including those in paragraph (a), the detailed specific area |
| 6789 | plans shall be consistent with the long-term master plan and |
| 6790 | must include conditions and commitments that provide for: |
| 6791 | 1. Development or conservation of an area of adequate size |
| 6792 | to accommodate a level of development which achieves a |
| 6793 | functional relationship between a full range of land uses within |
| 6794 | the area and to encompass at least 1,000 acres consistent with |
| 6795 | the long-term master plan. The local government state land |
| 6796 | planning agency may approve detailed specific area plans of less |
| 6797 | than 1,000 acres based on local circumstances if it is |
| 6798 | determined that the detailed specific area plan furthers the |
| 6799 | purposes of this part and part I of chapter 380. |
| 6800 | 2. Detailed identification and analysis of the maximum and |
| 6801 | minimum densities and intensities of use and the distribution, |
| 6802 | extent, and location of future land uses. |
| 6803 | 3. Detailed identification of water resource development |
| 6804 | and water supply development projects and related infrastructure |
| 6805 | and water conservation measures to address water needs of |
| 6806 | development in the detailed specific area plan. |
| 6807 | 4. Detailed identification of the transportation |
| 6808 | facilities to serve the future land uses in the detailed |
| 6809 | specific area plan. |
| 6810 | 5.3. Detailed identification of other regionally |
| 6811 | significant public facilities, including public facilities |
| 6812 | outside the jurisdiction of the host local government, |
| 6813 | anticipated impacts of future land uses on those facilities, and |
| 6814 | required improvements consistent with the long-term master plan |
| 6815 | chapter 9J-2, Florida Administrative Code. |
| 6816 | 6.4. Public facilities necessary to serve development in |
| 6817 | the detailed specific area plan for the short term, including |
| 6818 | developer contributions in a financially feasible 5-year capital |
| 6819 | improvement schedule of the affected local government. |
| 6820 | 7.5. Detailed analysis and identification of specific |
| 6821 | measures to ensure assure the protection and, as appropriate, |
| 6822 | restoration and management of lands within the boundary of the |
| 6823 | detailed specific area plan identified for permanent |
| 6824 | preservation through recordation of conservation easements |
| 6825 | consistent with s. 704.06, which easements shall be effective |
| 6826 | before or concurrent with the effective date of the detailed |
| 6827 | specific area plan of regionally significant natural resources |
| 6828 | and other important resources both within and outside the host |
| 6829 | jurisdiction, including those regionally significant resources |
| 6830 | identified in chapter 9J-2, Florida Administrative Code. |
| 6831 | 8.6. Detailed principles and guidelines addressing that |
| 6832 | address the urban form and the interrelationships of anticipated |
| 6833 | future land uses; and a discussion, at the applicant's option, |
| 6834 | of the extent, if any, to which the plan will address restoring |
| 6835 | key ecosystems, achieving a more clean, healthy environment;, |
| 6836 | limiting urban sprawl; providing a range of housing types;, |
| 6837 | protecting wildlife and natural areas;, advancing the efficient |
| 6838 | use of land and other resources;, and creating quality |
| 6839 | communities of a design that promotes travel by multiple |
| 6840 | transportation modes; and enhancing the prospects for the |
| 6841 | creation of jobs. |
| 6842 | 9.7. Identification of specific procedures to facilitate |
| 6843 | ensure intergovernmental coordination to address |
| 6844 | extrajurisdictional impacts from of the detailed specific area |
| 6845 | plan. |
| 6846 |
|
| 6847 | A detailed specific area plan adopted by local development order |
| 6848 | pursuant to this section may be based upon a planning period |
| 6849 | longer than the generally applicable planning period of the |
| 6850 | local comprehensive plan and shall specify the projected |
| 6851 | population within the specific planning area during the chosen |
| 6852 | planning period. A detailed specific area plan adopted pursuant |
| 6853 | to this section is not required to demonstrate need based upon |
| 6854 | projected population growth or on any other basis. All lands |
| 6855 | identified in the long-term master plan for permanent |
| 6856 | preservation shall be subject to a recorded conservation |
| 6857 | easement consistent with s. 704.06 before or concurrent with the |
| 6858 | effective date of the final detailed specific area plan to be |
| 6859 | approved within the planning area. |
| 6860 | (c) In its review of a long-term master plan, the state |
| 6861 | land planning agency shall consult with the Department of |
| 6862 | Agriculture and Consumer Services, the Department of |
| 6863 | Environmental Protection, the Fish and Wildlife Conservation |
| 6864 | Commission, and the applicable water management district |
| 6865 | regarding the design of areas for protection and conservation of |
| 6866 | regionally significant natural resources and for the protection |
| 6867 | and, as appropriate, restoration and management of lands |
| 6868 | identified for permanent preservation. |
| 6869 | (d) In its review of a long-term master plan, the state |
| 6870 | land planning agency shall consult with the Department of |
| 6871 | Transportation, the applicable metropolitan planning |
| 6872 | organization, and any urban transit agency regarding the |
| 6873 | location, capacity, design, and phasing or staging of major |
| 6874 | transportation facilities in the planning area. |
| 6875 | (e) Whenever a local government issues a development order |
| 6876 | approving a detailed specific area plan, a copy of such order |
| 6877 | shall be rendered to the state land planning agency and the |
| 6878 | owner or developer of the property affected by such order, as |
| 6879 | prescribed by rules of the state land planning agency for a |
| 6880 | development order for a development of regional impact. Within |
| 6881 | 45 days after the order is rendered, the owner, the developer, |
| 6882 | or the state land planning agency may appeal the order to the |
| 6883 | Florida Land and Water Adjudicatory Commission by filing a |
| 6884 | petition alleging that the detailed specific area plan is not |
| 6885 | consistent with the comprehensive plan or with the long-term |
| 6886 | master plan adopted pursuant to this section. The appellant |
| 6887 | shall furnish a copy of the petition to the opposing party, as |
| 6888 | the case may be, and to the local government that issued the |
| 6889 | order. The filing of the petition stays the effectiveness of the |
| 6890 | order until after completion of the appeal process. However, if |
| 6891 | a development order approving a detailed specific area plan has |
| 6892 | been challenged by an aggrieved or adversely affected party in a |
| 6893 | judicial proceeding pursuant to s. 163.3215, and a party to such |
| 6894 | proceeding serves notice to the state land planning agency, the |
| 6895 | state land planning agency shall dismiss its appeal to the |
| 6896 | commission and shall have the right to intervene in the pending |
| 6897 | judicial proceeding pursuant to s. 163.3215. Proceedings for |
| 6898 | administrative review of an order approving a detailed specific |
| 6899 | area plan shall be conducted consistent with s. 380.07(6). The |
| 6900 | commission shall issue a decision granting or denying permission |
| 6901 | to develop pursuant to the long-term master plan and the |
| 6902 | standards of this part and may attach conditions or restrictions |
| 6903 | to its decisions. |
| 6904 | (f)(c) This subsection does may not be construed to |
| 6905 | prevent preparation and approval of the optional sector plan and |
| 6906 | detailed specific area plan concurrently or in the same |
| 6907 | submission. |
| 6908 | (4) Upon the long-term master plan becoming legally |
| 6909 | effective: |
| 6910 | (a) Any long-range transportation plan developed by a |
| 6911 | metropolitan planning organization pursuant to s. 339.175(7) |
| 6912 | must be consistent, to the maximum extent feasible, with the |
| 6913 | long-term master plan, including, but not limited to, the |
| 6914 | projected population and the approved uses and densities and |
| 6915 | intensities of use and their distribution within the planning |
| 6916 | area. The transportation facilities identified in adopted plans |
| 6917 | pursuant to subparagraphs (3)(a)3. and (b)4. must be developed |
| 6918 | in coordination with the adopted M.P.O. long-range |
| 6919 | transportation plan. |
| 6920 | (b) The water needs, sources and water resource |
| 6921 | development, and water supply development projects identified in |
| 6922 | adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall |
| 6923 | be incorporated into the applicable district and regional water |
| 6924 | supply plans adopted in accordance with ss. 373.036 and 373.709. |
| 6925 | Accordingly, and notwithstanding the permit durations stated in |
| 6926 | s. 373.236, an applicant may request and the applicable district |
| 6927 | may issue consumptive use permits for durations commensurate |
| 6928 | with the long-term master plan or detailed specific area plan, |
| 6929 | considering the ability of the master plan area to contribute to |
| 6930 | regional water supply availability and the need to maximize |
| 6931 | reasonable-beneficial use of the water resource. The permitting |
| 6932 | criteria in s. 373.223 shall be applied based upon the projected |
| 6933 | population and the approved densities and intensities of use and |
| 6934 | their distribution in the long-term master plan; however, the |
| 6935 | allocation of the water may be phased over the permit duration |
| 6936 | to correspond to actual projected needs. This paragraph does not |
| 6937 | supersede the public interest test set forth in s. 373.223. The |
| 6938 | host local government shall submit a monitoring report to the |
| 6939 | state land planning agency and applicable regional planning |
| 6940 | council on an annual basis after adoption of a detailed specific |
| 6941 | area plan. The annual monitoring report must provide summarized |
| 6942 | information on development orders issued, development that has |
| 6943 | occurred, public facility improvements made, and public facility |
| 6944 | improvements anticipated over the upcoming 5 years. |
| 6945 | (5) When a plan amendment adopting a detailed specific |
| 6946 | area plan has become effective for a portion of the planning |
| 6947 | area governed by a long-term master plan adopted pursuant to |
| 6948 | this section under ss. 163.3184 and 163.3189(2), the provisions |
| 6949 | of s. 380.06 does do not apply to development within the |
| 6950 | geographic area of the detailed specific area plan. However, any |
| 6951 | development-of-regional-impact development order that is vested |
| 6952 | from the detailed specific area plan may be enforced pursuant to |
| 6953 | under s. 380.11. |
| 6954 | (a) The local government adopting the detailed specific |
| 6955 | area plan is primarily responsible for monitoring and enforcing |
| 6956 | the detailed specific area plan. Local governments may shall not |
| 6957 | issue any permits or approvals or provide any extensions of |
| 6958 | services to development that are not consistent with the |
| 6959 | detailed specific sector area plan. |
| 6960 | (b) If the state land planning agency has reason to |
| 6961 | believe that a violation of any detailed specific area plan, or |
| 6962 | of any agreement entered into under this section, has occurred |
| 6963 | or is about to occur, it may institute an administrative or |
| 6964 | judicial proceeding to prevent, abate, or control the conditions |
| 6965 | or activity creating the violation, using the procedures in s. |
| 6966 | 380.11. |
| 6967 | (c) In instituting an administrative or judicial |
| 6968 | proceeding involving a an optional sector plan or detailed |
| 6969 | specific area plan, including a proceeding pursuant to paragraph |
| 6970 | (b), the complaining party shall comply with the requirements of |
| 6971 | s. 163.3215(4), (5), (6), and (7), except as provided by |
| 6972 | paragraph (3)(e). |
| 6973 | (d) The detailed specific area plan shall establish a |
| 6974 | buildout date until which the approved development is not |
| 6975 | subject to downzoning, unit density reduction, or intensity |
| 6976 | reduction, unless the local government can demonstrate that |
| 6977 | implementation of the plan is not continuing in good faith based |
| 6978 | on standards established by plan policy, that substantial |
| 6979 | changes in the conditions underlying the approval of the |
| 6980 | detailed specific area plan have occurred, that the detailed |
| 6981 | specific area plan was based on substantially inaccurate |
| 6982 | information provided by the applicant, or that the change is |
| 6983 | clearly established to be essential to the public health, |
| 6984 | safety, or welfare. |
| 6985 | (6) Concurrent with or subsequent to review and adoption |
| 6986 | of a long-term master plan pursuant to paragraph (3)(a), an |
| 6987 | applicant may apply for master development approval pursuant to |
| 6988 | s. 380.06(21) for the entire planning area in order to establish |
| 6989 | a buildout date until which the approved uses and densities and |
| 6990 | intensities of use of the master plan are not subject to |
| 6991 | downzoning, unit density reduction, or intensity reduction, |
| 6992 | unless the local government can demonstrate that implementation |
| 6993 | of the master plan is not continuing in good faith based on |
| 6994 | standards established by plan policy, that substantial changes |
| 6995 | in the conditions underlying the approval of the master plan |
| 6996 | have occurred, that the master plan was based on substantially |
| 6997 | inaccurate information provided by the applicant, or that change |
| 6998 | is clearly established to be essential to the public health, |
| 6999 | safety, or welfare. Review of the application for master |
| 7000 | development approval shall be at a level of detail appropriate |
| 7001 | for the long-term and conceptual nature of the long-term master |
| 7002 | plan and, to the maximum extent possible, may only consider |
| 7003 | information provided in the application for a long-term master |
| 7004 | plan. Notwithstanding s. 380.06, an increment of development in |
| 7005 | such an approved master development plan must be approved by a |
| 7006 | detailed specific area plan pursuant to paragraph (3)(b) and is |
| 7007 | exempt from review pursuant to s. 380.06. |
| 7008 | (6) Beginning December 1, 1999, and each year thereafter, |
| 7009 | the department shall provide a status report to the Legislative |
| 7010 | Committee on Intergovernmental Relations regarding each optional |
| 7011 | sector plan authorized under this section. |
| 7012 | (7) A developer within an area subject to a long-term |
| 7013 | master plan that meets the requirements of paragraph (3)(a) and |
| 7014 | subsection (6) or a detailed specific area plan that meets the |
| 7015 | requirements of paragraph (3)(b) may enter into a development |
| 7016 | agreement with a local government pursuant to ss. 163.3220- |
| 7017 | 163.3243. The duration of such a development agreement may be |
| 7018 | through the planning period of the long-term master plan or the |
| 7019 | detailed specific area plan, as the case may be, notwithstanding |
| 7020 | the limit on the duration of a development agreement pursuant to |
| 7021 | s. 163.3229. |
| 7022 | (8) Any owner of property within the planning area of a |
| 7023 | proposed long-term master plan may withdraw his consent to the |
| 7024 | master plan at any time prior to local government adoption, and |
| 7025 | the local government shall exclude such parcels from the adopted |
| 7026 | master plan. Thereafter, the long-term master plan, any detailed |
| 7027 | specific area plan, and the exemption from development-of- |
| 7028 | regional-impact review under this section do not apply to the |
| 7029 | subject parcels. After adoption of a long-term master plan, an |
| 7030 | owner may withdraw his or her property from the master plan only |
| 7031 | with the approval of the local government by plan amendment |
| 7032 | adopted and reviewed pursuant to s. 163.3184. |
| 7033 | (9) The adoption of a long-term master plan or a detailed |
| 7034 | specific area plan pursuant to this section does not limit the |
| 7035 | right to continue existing agricultural or silvicultural uses or |
| 7036 | other natural resource-based operations or to establish similar |
| 7037 | new uses that are consistent with the plans approved pursuant to |
| 7038 | this section. |
| 7039 | (10) The state land planning agency may enter into an |
| 7040 | agreement with a local government that, on or before July 1, |
| 7041 | 2011, adopted a large-area comprehensive plan amendment |
| 7042 | consisting of at least 15,000 acres that meets the requirements |
| 7043 | for a long-term master plan in paragraph (3)(a), after notice |
| 7044 | and public hearing by the local government, and thereafter, |
| 7045 | notwithstanding s. 380.06, this part, or any planning agreement |
| 7046 | or plan policy, the large-area plan shall be implemented through |
| 7047 | detailed specific area plans that meet the requirements of |
| 7048 | paragraph (3)(b) and shall otherwise be subject to this section. |
| 7049 | (11) Notwithstanding this section, a detailed specific |
| 7050 | area plan to implement a conceptual long-term buildout overlay, |
| 7051 | adopted by a local government and found in compliance before |
| 7052 | July 1, 2011, shall be governed by this section. |
| 7053 | (12) Notwithstanding s. 380.06, this part, or any planning |
| 7054 | agreement or plan policy, a landowner or developer who has |
| 7055 | received approval of a master development-of-regional-impact |
| 7056 | development order pursuant to s. 380.06(21) may apply to |
| 7057 | implement this order by filing one or more applications to |
| 7058 | approve a detailed specific area plan pursuant to paragraph |
| 7059 | (3)(b). |
| 7060 | (13)(7) This section may not be construed to abrogate the |
| 7061 | rights of any person under this chapter. |
| 7062 | Section 29. Subsections (9), (12), and (14) of section |
| 7063 | 163.3246, Florida Statutes, are amended to read: |
| 7064 | 163.3246 Local government comprehensive planning |
| 7065 | certification program.- |
| 7066 | (9)(a) Upon certification all comprehensive plan |
| 7067 | amendments associated with the area certified must be adopted |
| 7068 | and reviewed in the manner described in s. ss. 163.3184(5)- |
| 7069 | (11)(1), (2), (7), (14), (15), and (16) and 163.3187, such that |
| 7070 | state and regional agency review is eliminated. Plan amendments |
| 7071 | that qualify as small scale development amendments may follow |
| 7072 | the small scale review process in s. 163.3187. The department |
| 7073 | may not issue any objections, recommendations, and comments |
| 7074 | report on proposed plan amendments or a notice of intent on |
| 7075 | adopted plan amendments; however, affected persons, as defined |
| 7076 | by s. 163.3184(1)(a), may file a petition for administrative |
| 7077 | review pursuant to the requirements of s. 163.3184(5) |
| 7078 | 163.3187(3)(a) to challenge the compliance of an adopted plan |
| 7079 | amendment. |
| 7080 | (b) Plan amendments that change the boundaries of the |
| 7081 | certification area; propose a rural land stewardship area |
| 7082 | pursuant to s. 163.3248 163.3177(11)(d); propose a an optional |
| 7083 | sector plan pursuant to s. 163.3245; propose a school facilities |
| 7084 | element; update a comprehensive plan based on an evaluation and |
| 7085 | appraisal review report; impact lands outside the certification |
| 7086 | boundary; implement new statutory requirements that require |
| 7087 | specific comprehensive plan amendments; or increase hurricane |
| 7088 | evacuation times or the need for shelter capacity on lands |
| 7089 | within the coastal high-hazard area shall be reviewed pursuant |
| 7090 | to s. ss. 163.3184 and 163.3187. |
| 7091 | (12) A local government's certification shall be reviewed |
| 7092 | by the local government and the department as part of the |
| 7093 | evaluation and appraisal process pursuant to s. 163.3191. Within |
| 7094 | 1 year after the deadline for the local government to update its |
| 7095 | comprehensive plan based on the evaluation and appraisal report, |
| 7096 | the department shall renew or revoke the certification. The |
| 7097 | local government's failure to adopt a timely evaluation and |
| 7098 | appraisal report, failure to adopt an evaluation and appraisal |
| 7099 | report found to be sufficient, or failure to timely adopt |
| 7100 | necessary amendments to update its comprehensive plan based on |
| 7101 | an evaluation and appraisal, which are report found to be in |
| 7102 | compliance by the department, shall be cause for revoking the |
| 7103 | certification agreement. The department's decision to renew or |
| 7104 | revoke shall be considered agency action subject to challenge |
| 7105 | under s. 120.569. |
| 7106 | (14) The Office of Program Policy Analysis and Government |
| 7107 | Accountability shall prepare a report evaluating the |
| 7108 | certification program, which shall be submitted to the Governor, |
| 7109 | the President of the Senate, and the Speaker of the House of |
| 7110 | Representatives by December 1, 2007. |
| 7111 | Section 30. Section 163.32465, Florida Statutes, is |
| 7112 | repealed. |
| 7113 | Section 31. Subsection (6) is added to section 163.3247, |
| 7114 | Florida Statutes, to read: |
| 7115 | 163.3247 Century Commission for a Sustainable Florida.- |
| 7116 | (6) EXPIRATION.-This section is repealed and the |
| 7117 | commission is abolished June 30, 2013. |
| 7118 | Section 32. Section 163.3248, Florida Statutes, is created |
| 7119 | to read: |
| 7120 | 163.3248 Rural land stewardship areas.- |
| 7121 | (1) Rural land stewardship areas are designed to establish |
| 7122 | a long-term incentive based strategy to balance and guide the |
| 7123 | allocation of land so as to accommodate future land uses in a |
| 7124 | manner that protects the natural environment, stimulate economic |
| 7125 | growth and diversification, and encourage the retention of land |
| 7126 | for agriculture and other traditional rural land uses. |
| 7127 | (2) Upon written request by one or more landowners of the |
| 7128 | subject lands to designate lands as a rural land stewardship |
| 7129 | area, or pursuant to a private-sector-initiated comprehensive |
| 7130 | plan amendment filed by, or with the consent of the owners of |
| 7131 | the subject lands, local governments may adopt a future land use |
| 7132 | overlay to designate all or portions of lands classified in the |
| 7133 | future land use element as predominantly agricultural, rural, |
| 7134 | open, open-rural, or a substantively equivalent land use, as a |
| 7135 | rural land stewardship area within which planning and economic |
| 7136 | incentives are applied to encourage the implementation of |
| 7137 | innovative and flexible planning and development strategies and |
| 7138 | creative land use planning techniques to support a diverse |
| 7139 | economic and employment base. The future land use overlay may |
| 7140 | not require a demonstration of need based on population |
| 7141 | projections or any other factors. |
| 7142 | (3) Rural land stewardship areas may be used to further |
| 7143 | the following broad principles of rural sustainability: |
| 7144 | restoration and maintenance of the economic value of rural land; |
| 7145 | control of urban sprawl; identification and protection of |
| 7146 | ecosystems, habitats, and natural resources; promotion and |
| 7147 | diversification of economic activity and employment |
| 7148 | opportunities within the rural areas; maintenance of the |
| 7149 | viability of the state's agricultural economy; and protection of |
| 7150 | private property rights in rural areas of the state. Rural land |
| 7151 | stewardship areas may be multicounty in order to encourage |
| 7152 | coordinated regional stewardship planning. |
| 7153 | (4) A local government or one or more property owners may |
| 7154 | request assistance and participation in the development of a |
| 7155 | plan for the rural land stewardship area from the state land |
| 7156 | planning agency, the Department of Agriculture and Consumer |
| 7157 | Services, the Fish and Wildlife Conservation Commission, the |
| 7158 | Department of Environmental Protection, the appropriate water |
| 7159 | management district, the Department of Transportation, the |
| 7160 | regional planning council, private land owners, and |
| 7161 | stakeholders. |
| 7162 | (5) A rural land stewardship area shall be not less than |
| 7163 | 10,000 acres, shall be located outside of municipalities and |
| 7164 | established urban service areas, and shall be designated by plan |
| 7165 | amendment by each local government with jurisdiction over the |
| 7166 | rural land stewardship area. The plan amendment or amendments |
| 7167 | designating a rural land stewardship area are subject to review |
| 7168 | pursuant to s. 163.3184 and shall provide for the following: |
| 7169 | (a) Criteria for the designation of receiving areas which |
| 7170 | shall, at a minimum, provide for the following: adequacy of |
| 7171 | suitable land to accommodate development so as to avoid conflict |
| 7172 | with significant environmentally sensitive areas, resources, and |
| 7173 | habitats; compatibility between and transition from higher |
| 7174 | density uses to lower intensity rural uses; and the |
| 7175 | establishment of receiving area service boundaries that provide |
| 7176 | for a transition from receiving areas and other land uses within |
| 7177 | the rural land stewardship area through limitations on the |
| 7178 | extension of services. |
| 7179 | (b) Innovative planning and development strategies to be |
| 7180 | applied within rural land stewardship areas pursuant to this |
| 7181 | section. |
| 7182 | (c) A process for the implementation of innovative |
| 7183 | planning and development strategies within the rural land |
| 7184 | stewardship area, including those described in this subsection, |
| 7185 | which provide for a functional mix of land uses through the |
| 7186 | adoption by the local government of zoning and land development |
| 7187 | regulations applicable to the rural land stewardship area. |
| 7188 | (d) A mix of densities and intensities that would not be |
| 7189 | characterized as urban sprawl through the use of innovative |
| 7190 | strategies and creative land use techniques. |
| 7191 | (6) A receiving area may be designated only pursuant to |
| 7192 | procedures established in the local government's land |
| 7193 | development regulations. If receiving area designation requires |
| 7194 | the approval of the county board of county commissioners, such |
| 7195 | approval shall be by resolution with a simple majority vote. |
| 7196 | Before the commencement of development within a stewardship |
| 7197 | receiving area, a listed species survey must be performed for |
| 7198 | the area proposed for development. If listed species occur on |
| 7199 | the receiving area development site, the applicant must |
| 7200 | coordinate with each appropriate local, state, or federal agency |
| 7201 | to determine if adequate provisions have been made to protect |
| 7202 | those species in accordance with applicable regulations. In |
| 7203 | determining the adequacy of provisions for the protection of |
| 7204 | listed species and their habitats, the rural land stewardship |
| 7205 | area shall be considered as a whole, and the potential impacts |
| 7206 | and protective measures taken within areas to be developed as |
| 7207 | receiving areas shall be considered in conjunction with and |
| 7208 | compensated by lands set aside and protective measures taken |
| 7209 | within the designated sending areas. |
| 7210 | (7) Upon the adoption of a plan amendment creating a rural |
| 7211 | land stewardship area, the local government shall, by ordinance, |
| 7212 | establish a rural land stewardship overlay zoning district, |
| 7213 | which shall provide the methodology for the creation, |
| 7214 | conveyance, and use of transferable rural land use credits, |
| 7215 | hereinafter referred to as stewardship credits, the assignment |
| 7216 | and application of which does not constitute a right to develop |
| 7217 | land or increase the density of land, except as provided by this |
| 7218 | section. The total amount of stewardship credits within the |
| 7219 | rural land stewardship area must enable the realization of the |
| 7220 | long-term vision and goals for the rural land stewardship area, |
| 7221 | which may take into consideration the anticipated effect of the |
| 7222 | proposed receiving areas. The estimated amount of receiving area |
| 7223 | shall be projected based on available data, and the development |
| 7224 | potential represented by the stewardship credits created within |
| 7225 | the rural land stewardship area must correlate to that amount. |
| 7226 | (8) Stewardship credits are subject to the following |
| 7227 | limitations: |
| 7228 | (a) Stewardship credits may exist only within a rural land |
| 7229 | stewardship area. |
| 7230 | (b) Stewardship credits may be created only from lands |
| 7231 | designated as stewardship sending areas and may be used only on |
| 7232 | lands designated as stewardship receiving areas and then solely |
| 7233 | for the purpose of implementing innovative planning and |
| 7234 | development strategies and creative land use planning techniques |
| 7235 | adopted by the local government pursuant to this section. |
| 7236 | (c) Stewardship credits assigned to a parcel of land |
| 7237 | within a rural land stewardship area shall cease to exist if the |
| 7238 | parcel of land is removed from the rural land stewardship area |
| 7239 | by plan amendment. |
| 7240 | (d) Neither the creation of the rural land stewardship |
| 7241 | area by plan amendment nor the adoption of the rural land |
| 7242 | stewardship zoning overlay district by the local government may |
| 7243 | displace the underlying permitted uses or the density or |
| 7244 | intensity of land uses assigned to a parcel of land within the |
| 7245 | rural land stewardship area that existed before adoption of the |
| 7246 | plan amendment or zoning overlay district; however, once |
| 7247 | stewardship credits have been transferred from a designated |
| 7248 | sending area for use within a designated receiving area, the |
| 7249 | underlying density assigned to the designated sending area |
| 7250 | ceases to exist. |
| 7251 | (e) The underlying permitted uses, density, or intensity |
| 7252 | on each parcel of land located within a rural land stewardship |
| 7253 | area may not be increased or decreased by the local government, |
| 7254 | except as a result of the conveyance or stewardship credits, as |
| 7255 | long as the parcel remains within the rural land stewardship |
| 7256 | area. |
| 7257 | (f) Stewardship credits shall cease to exist on a parcel |
| 7258 | of land where the underlying density assigned to the parcel of |
| 7259 | land is used. |
| 7260 | (g) An increase in the density or intensity of use on a |
| 7261 | parcel of land located within a designated receiving area may |
| 7262 | occur only through the assignment or use of stewardship credits |
| 7263 | and do not require a plan amendment. A change in the type of |
| 7264 | agricultural use on property within a rural land stewardship |
| 7265 | area is not considered a change in use or intensity of use and |
| 7266 | does not require any transfer of stewardship credits. |
| 7267 | (h) A change in the density or intensity of land use on |
| 7268 | parcels located within receiving areas shall be specified in a |
| 7269 | development order that reflects the total number of stewardship |
| 7270 | credits assigned to the parcel of land and the infrastructure |
| 7271 | and support services necessary to provide for a functional mix |
| 7272 | of land uses corresponding to the plan of development. |
| 7273 | (i) Land within a rural land stewardship area may be |
| 7274 | removed from the rural land stewardship area through a plan |
| 7275 | amendment. |
| 7276 | (j) Stewardship credits may be assigned at different |
| 7277 | ratios of credits per acre according to the natural resource or |
| 7278 | other beneficial use characteristics of the land and according |
| 7279 | to the land use remaining after the transfer of credits, with |
| 7280 | the highest number of credits per acre assigned to the most |
| 7281 | environmentally valuable land or, in locations where the |
| 7282 | retention of open space and agricultural land is a priority, to |
| 7283 | such lands. |
| 7284 | (k) Stewardship credits may be transferred from a sending |
| 7285 | area only after a stewardship easement is placed on the sending |
| 7286 | area land with assigned stewardship credits. A stewardship |
| 7287 | easement is a covenant or restrictive easement running with the |
| 7288 | land which specifies the allowable uses and development |
| 7289 | restrictions for the portion of a sending area from which |
| 7290 | stewardship credits have been transferred. The stewardship |
| 7291 | easement must be jointly held by the county and the Department |
| 7292 | of Environmental Protection, the Department of Agriculture and |
| 7293 | Consumer Services, a water management district, or a recognized |
| 7294 | statewide land trust. |
| 7295 | (9) Owners of land within rural land stewardship sending |
| 7296 | areas should be provided other incentives, in addition to the |
| 7297 | use or conveyance of stewardship credits, to enter into rural |
| 7298 | land stewardship agreements, pursuant to existing law and rules |
| 7299 | adopted thereto, with state agencies, water management |
| 7300 | districts, the Fish and Wildlife Conservation Commission, and |
| 7301 | local governments to achieve mutually agreed upon objectives. |
| 7302 | Such incentives may include, but are not limited to, the |
| 7303 | following: |
| 7304 | (a) Opportunity to accumulate transferable wetland and |
| 7305 | species habitat mitigation credits for use or sale. |
| 7306 | (b) Extended permit agreements. |
| 7307 | (c) Opportunities for recreational leases and ecotourism. |
| 7308 | (d) Compensation for the achievement of specified land |
| 7309 | management activities of public benefit, including, but not |
| 7310 | limited to, facility siting and corridors, recreational leases, |
| 7311 | water conservation and storage, water reuse, wastewater |
| 7312 | recycling, water supply and water resource development, nutrient |
| 7313 | reduction, environmental restoration and mitigation, public |
| 7314 | recreation, listed species protection and recovery, and wildlife |
| 7315 | corridor management and enhancement. |
| 7316 | (e) Option agreements for sale to public entities or |
| 7317 | private land conservation entities, in either fee or easement, |
| 7318 | upon achievement of specified conservation objectives. |
| 7319 | (10) This section constitutes an overlay of land use |
| 7320 | options that provide economic and regulatory incentives for |
| 7321 | landowners outside of established and planned urban service |
| 7322 | areas to conserve and manage vast areas of land for the benefit |
| 7323 | of the state's citizens and natural environment while |
| 7324 | maintaining and enhancing the asset value of their landholdings. |
| 7325 | It is the intent of the Legislature that this section be |
| 7326 | implemented pursuant to law and rulemaking is not authorized. |
| 7327 | (11) It is the intent of the Legislature that the rural |
| 7328 | land stewardship area located in Collier County, which was |
| 7329 | established pursuant to the requirements of a final order by the |
| 7330 | Governor and Cabinet, duly adopted as a growth management plan |
| 7331 | amendment by Collier County, and found in compliance with this |
| 7332 | chapter, be recognized as a statutory rural land stewardship |
| 7333 | area and be afforded the incentives in this section. |
| 7334 | Section 33. Paragraph (a) of subsection (2) of section |
| 7335 | 163.360, Florida Statutes, is amended to read: |
| 7336 | 163.360 Community redevelopment plans.- |
| 7337 | (2) The community redevelopment plan shall: |
| 7338 | (a) Conform to the comprehensive plan for the county or |
| 7339 | municipality as prepared by the local planning agency under the |
| 7340 | Community Local Government Comprehensive Planning and Land |
| 7341 | Development Regulation Act. |
| 7342 | Section 34. Paragraph (a) of subsection (3) and subsection |
| 7343 | (8) of section 163.516, Florida Statutes, are amended to read: |
| 7344 | 163.516 Safe neighborhood improvement plans.- |
| 7345 | (3) The safe neighborhood improvement plan shall: |
| 7346 | (a) Be consistent with the adopted comprehensive plan for |
| 7347 | the county or municipality pursuant to the Community Local |
| 7348 | Government Comprehensive Planning and Land Development |
| 7349 | Regulation Act. No district plan shall be implemented unless the |
| 7350 | local governing body has determined said plan is consistent. |
| 7351 | (8) Pursuant to s. ss. 163.3184, 163.3187, and 163.3189, |
| 7352 | the governing body of a municipality or county shall hold two |
| 7353 | public hearings to consider the board-adopted safe neighborhood |
| 7354 | improvement plan as an amendment or modification to the |
| 7355 | municipality's or county's adopted local comprehensive plan. |
| 7356 | Section 35. Paragraph (f) of subsection (6), subsection |
| 7357 | (9), and paragraph (c) of subsection (11) of section 171.203, |
| 7358 | Florida Statutes, are amended to read: |
| 7359 | 171.203 Interlocal service boundary agreement.-The |
| 7360 | governing body of a county and one or more municipalities or |
| 7361 | independent special districts within the county may enter into |
| 7362 | an interlocal service boundary agreement under this part. The |
| 7363 | governing bodies of a county, a municipality, or an independent |
| 7364 | special district may develop a process for reaching an |
| 7365 | interlocal service boundary agreement which provides for public |
| 7366 | participation in a manner that meets or exceeds the requirements |
| 7367 | of subsection (13), or the governing bodies may use the process |
| 7368 | established in this section. |
| 7369 | (6) An interlocal service boundary agreement may address |
| 7370 | any issue concerning service delivery, fiscal responsibilities, |
| 7371 | or boundary adjustment. The agreement may include, but need not |
| 7372 | be limited to, provisions that: |
| 7373 | (f) Establish a process for land use decisions consistent |
| 7374 | with part II of chapter 163, including those made jointly by the |
| 7375 | governing bodies of the county and the municipality, or allow a |
| 7376 | municipality to adopt land use changes consistent with part II |
| 7377 | of chapter 163 for areas that are scheduled to be annexed within |
| 7378 | the term of the interlocal agreement; however, the county |
| 7379 | comprehensive plan and land development regulations shall |
| 7380 | control until the municipality annexes the property and amends |
| 7381 | its comprehensive plan accordingly. Comprehensive plan |
| 7382 | amendments to incorporate the process established by this |
| 7383 | paragraph are exempt from the twice-per-year limitation under s. |
| 7384 | 163.3187. |
| 7385 | (9) Each local government that is a party to the |
| 7386 | interlocal service boundary agreement shall amend the |
| 7387 | intergovernmental coordination element of its comprehensive |
| 7388 | plan, as described in s. 163.3177(6)(h)1., no later than 6 |
| 7389 | months following entry of the interlocal service boundary |
| 7390 | agreement consistent with s. 163.3177(6)(h)1. Plan amendments |
| 7391 | required by this subsection are exempt from the twice-per-year |
| 7392 | limitation under s. 163.3187. |
| 7393 | (11) |
| 7394 | (c) Any amendment required by paragraph (a) is exempt from |
| 7395 | the twice-per-year limitation under s. 163.3187. |
| 7396 | Section 36. Section 186.513, Florida Statutes, is amended |
| 7397 | to read: |
| 7398 | 186.513 Reports.-Each regional planning council shall |
| 7399 | prepare and furnish an annual report on its activities to the |
| 7400 | state land planning agency as defined in s. 163.3164(20) and the |
| 7401 | local general-purpose governments within its boundaries and, |
| 7402 | upon payment as may be established by the council, to any |
| 7403 | interested person. The regional planning councils shall make a |
| 7404 | joint report and recommendations to appropriate legislative |
| 7405 | committees. |
| 7406 | Section 37. Section 186.515, Florida Statutes, is amended |
| 7407 | to read: |
| 7408 | 186.515 Creation of regional planning councils under |
| 7409 | chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and |
| 7410 | 186.515 is intended to repeal or limit the provisions of chapter |
| 7411 | 163; however, the local general-purpose governments serving as |
| 7412 | voting members of the governing body of a regional planning |
| 7413 | council created pursuant to ss. 186.501-186.507, 186.513, and |
| 7414 | 186.515 are not authorized to create a regional planning council |
| 7415 | pursuant to chapter 163 unless an agency, other than a regional |
| 7416 | planning council created pursuant to ss. 186.501-186.507, |
| 7417 | 186.513, and 186.515, is designated to exercise the powers and |
| 7418 | duties in any one or more of ss. 163.3164(19) and 380.031(15); |
| 7419 | in which case, such a regional planning council is also without |
| 7420 | authority to exercise the powers and duties in s. 163.3164(19) |
| 7421 | or s. 380.031(15). |
| 7422 | Section 38. Subsection (1) of section 189.415, Florida |
| 7423 | Statutes, is amended to read: |
| 7424 | 189.415 Special district public facilities report.- |
| 7425 | (1) It is declared to be the policy of this state to |
| 7426 | foster coordination between special districts and local general- |
| 7427 | purpose governments as those local general-purpose governments |
| 7428 | develop comprehensive plans under the Community Local Government |
| 7429 | Comprehensive Planning and Land Development Regulation Act, |
| 7430 | pursuant to part II of chapter 163. |
| 7431 | Section 39. Subsection (3) of section 190.004, Florida |
| 7432 | Statutes, is amended to read: |
| 7433 | 190.004 Preemption; sole authority.- |
| 7434 | (3) The establishment of an independent community |
| 7435 | development district as provided in this act is not a |
| 7436 | development order within the meaning of chapter 380. All |
| 7437 | governmental planning, environmental, and land development laws, |
| 7438 | regulations, and ordinances apply to all development of the land |
| 7439 | within a community development district. Community development |
| 7440 | districts do not have the power of a local government to adopt a |
| 7441 | comprehensive plan, building code, or land development code, as |
| 7442 | those terms are defined in the Community Local Government |
| 7443 | Comprehensive Planning and Land Development Regulation Act. A |
| 7444 | district shall take no action which is inconsistent with |
| 7445 | applicable comprehensive plans, ordinances, or regulations of |
| 7446 | the applicable local general-purpose government. |
| 7447 | Section 40. Paragraph (a) of subsection (1) of section |
| 7448 | 190.005, Florida Statutes, is amended to read: |
| 7449 | 190.005 Establishment of district.- |
| 7450 | (1) The exclusive and uniform method for the establishment |
| 7451 | of a community development district with a size of 1,000 acres |
| 7452 | or more shall be pursuant to a rule, adopted under chapter 120 |
| 7453 | by the Florida Land and Water Adjudicatory Commission, granting |
| 7454 | a petition for the establishment of a community development |
| 7455 | district. |
| 7456 | (a) A petition for the establishment of a community |
| 7457 | development district shall be filed by the petitioner with the |
| 7458 | Florida Land and Water Adjudicatory Commission. The petition |
| 7459 | shall contain: |
| 7460 | 1. A metes and bounds description of the external |
| 7461 | boundaries of the district. Any real property within the |
| 7462 | external boundaries of the district which is to be excluded from |
| 7463 | the district shall be specifically described, and the last known |
| 7464 | address of all owners of such real property shall be listed. The |
| 7465 | petition shall also address the impact of the proposed district |
| 7466 | on any real property within the external boundaries of the |
| 7467 | district which is to be excluded from the district. |
| 7468 | 2. The written consent to the establishment of the |
| 7469 | district by all landowners whose real property is to be included |
| 7470 | in the district or documentation demonstrating that the |
| 7471 | petitioner has control by deed, trust agreement, contract, or |
| 7472 | option of 100 percent of the real property to be included in the |
| 7473 | district, and when real property to be included in the district |
| 7474 | is owned by a governmental entity and subject to a ground lease |
| 7475 | as described in s. 190.003(14), the written consent by such |
| 7476 | governmental entity. |
| 7477 | 3. A designation of five persons to be the initial members |
| 7478 | of the board of supervisors, who shall serve in that office |
| 7479 | until replaced by elected members as provided in s. 190.006. |
| 7480 | 4. The proposed name of the district. |
| 7481 | 5. A map of the proposed district showing current major |
| 7482 | trunk water mains and sewer interceptors and outfalls if in |
| 7483 | existence. |
| 7484 | 6. Based upon available data, the proposed timetable for |
| 7485 | construction of the district services and the estimated cost of |
| 7486 | constructing the proposed services. These estimates shall be |
| 7487 | submitted in good faith but are shall not be binding and may be |
| 7488 | subject to change. |
| 7489 | 7. A designation of the future general distribution, |
| 7490 | location, and extent of public and private uses of land proposed |
| 7491 | for the area within the district by the future land use plan |
| 7492 | element of the effective local government comprehensive plan of |
| 7493 | which all mandatory elements have been adopted by the applicable |
| 7494 | general-purpose local government in compliance with the |
| 7495 | Community Local Government Comprehensive Planning and Land |
| 7496 | Development Regulation Act. |
| 7497 | 8. A statement of estimated regulatory costs in accordance |
| 7498 | with the requirements of s. 120.541. |
| 7499 | Section 41. Paragraph (i) of subsection (6) of section |
| 7500 | 193.501, Florida Statutes, is amended to read: |
| 7501 | 193.501 Assessment of lands subject to a conservation |
| 7502 | easement, environmentally endangered lands, or lands used for |
| 7503 | outdoor recreational or park purposes when land development |
| 7504 | rights have been conveyed or conservation restrictions have been |
| 7505 | covenanted.- |
| 7506 | (6) The following terms whenever used as referred to in |
| 7507 | this section have the following meanings unless a different |
| 7508 | meaning is clearly indicated by the context: |
| 7509 | (i) "Qualified as environmentally endangered" means land |
| 7510 | that has unique ecological characteristics, rare or limited |
| 7511 | combinations of geological formations, or features of a rare or |
| 7512 | limited nature constituting habitat suitable for fish, plants, |
| 7513 | or wildlife, and which, if subject to a development moratorium |
| 7514 | or one or more conservation easements or development |
| 7515 | restrictions appropriate to retaining such land or water areas |
| 7516 | predominantly in their natural state, would be consistent with |
| 7517 | the conservation, recreation and open space, and, if applicable, |
| 7518 | coastal protection elements of the comprehensive plan adopted by |
| 7519 | formal action of the local governing body pursuant to s. |
| 7520 | 163.3161, the Community Local Government Comprehensive Planning |
| 7521 | and Land Development Regulation Act; or surface waters and |
| 7522 | wetlands, as determined by the methodology ratified in s. |
| 7523 | 373.4211. |
| 7524 | Section 42. Subsection (15) of section 287.042, Florida |
| 7525 | Statutes, is amended to read: |
| 7526 | 287.042 Powers, duties, and functions.-The department |
| 7527 | shall have the following powers, duties, and functions: |
| 7528 | (15) To enter into joint agreements with governmental |
| 7529 | agencies, as defined in s. 163.3164(10), for the purpose of |
| 7530 | pooling funds for the purchase of commodities or information |
| 7531 | technology that can be used by multiple agencies. |
| 7532 | (a) Each agency that has been appropriated or has existing |
| 7533 | funds for such purchase, shall, upon contract award by the |
| 7534 | department, transfer their portion of the funds into the |
| 7535 | department's Operating Trust Fund for payment by the department. |
| 7536 | The funds shall be transferred by the Executive Office of the |
| 7537 | Governor pursuant to the agency budget amendment request |
| 7538 | provisions in chapter 216. |
| 7539 | (b) Agencies that sign the joint agreements are |
| 7540 | financially obligated for their portion of the agreed-upon |
| 7541 | funds. If an agency becomes more than 90 days delinquent in |
| 7542 | paying the funds, the department shall certify to the Chief |
| 7543 | Financial Officer the amount due, and the Chief Financial |
| 7544 | Officer shall transfer the amount due to the Operating Trust |
| 7545 | Fund of the department from any of the agency's available funds. |
| 7546 | The Chief Financial Officer shall report these transfers and the |
| 7547 | reasons for the transfers to the Executive Office of the |
| 7548 | Governor and the legislative appropriations committees. |
| 7549 | Section 43. Subsection (4) of section 288.063, Florida |
| 7550 | Statutes, is amended to read: |
| 7551 | 288.063 Contracts for transportation projects.- |
| 7552 | (4) The Office of Tourism, Trade, and Economic Development |
| 7553 | may adopt criteria by which transportation projects are to be |
| 7554 | reviewed and certified in accordance with s. 288.061. In |
| 7555 | approving transportation projects for funding, the Office of |
| 7556 | Tourism, Trade, and Economic Development shall consider factors |
| 7557 | including, but not limited to, the cost per job created or |
| 7558 | retained considering the amount of transportation funds |
| 7559 | requested; the average hourly rate of wages for jobs created; |
| 7560 | the reliance on the program as an inducement for the project's |
| 7561 | location decision; the amount of capital investment to be made |
| 7562 | by the business; the demonstrated local commitment; the location |
| 7563 | of the project in an enterprise zone designated pursuant to s. |
| 7564 | 290.0055; the location of the project in a spaceport territory |
| 7565 | as defined in s. 331.304; the unemployment rate of the |
| 7566 | surrounding area; and the poverty rate of the community; and the |
| 7567 | adoption of an economic element as part of its local |
| 7568 | comprehensive plan in accordance with s. 163.3177(7)(j). The |
| 7569 | Office of Tourism, Trade, and Economic Development may contact |
| 7570 | any agency it deems appropriate for additional input regarding |
| 7571 | the approval of projects. |
| 7572 | Section 44. Paragraph (a) of subsection (2), subsection |
| 7573 | (10), and paragraph (d) of subsection (12) of section 288.975, |
| 7574 | Florida Statutes, are amended to read: |
| 7575 | 288.975 Military base reuse plans.- |
| 7576 | (2) As used in this section, the term: |
| 7577 | (a) "Affected local government" means a local government |
| 7578 | adjoining the host local government and any other unit of local |
| 7579 | government that is not a host local government but that is |
| 7580 | identified in a proposed military base reuse plan as providing, |
| 7581 | operating, or maintaining one or more public facilities as |
| 7582 | defined in s. 163.3164(24) on lands within or serving a military |
| 7583 | base designated for closure by the Federal Government. |
| 7584 | (10) Within 60 days after receipt of a proposed military |
| 7585 | base reuse plan, these entities shall review and provide |
| 7586 | comments to the host local government. The commencement of this |
| 7587 | review period shall be advertised in newspapers of general |
| 7588 | circulation within the host local government and any affected |
| 7589 | local government to allow for public comment. No later than 180 |
| 7590 | days after receipt and consideration of all comments, and the |
| 7591 | holding of at least two public hearings, the host local |
| 7592 | government shall adopt the military base reuse plan. The host |
| 7593 | local government shall comply with the notice requirements set |
| 7594 | forth in s. 163.3184(11)(15) to ensure full public participation |
| 7595 | in this planning process. |
| 7596 | (12) Following receipt of a petition, the petitioning |
| 7597 | party or parties and the host local government shall seek |
| 7598 | resolution of the issues in dispute. The issues in dispute shall |
| 7599 | be resolved as follows: |
| 7600 | (d) Within 45 days after receiving the report from the |
| 7601 | state land planning agency, the Administration Commission shall |
| 7602 | take action to resolve the issues in dispute. In deciding upon a |
| 7603 | proper resolution, the Administration Commission shall consider |
| 7604 | the nature of the issues in dispute, any requests for a formal |
| 7605 | administrative hearing pursuant to chapter 120, the compliance |
| 7606 | of the parties with this section, the extent of the conflict |
| 7607 | between the parties, the comparative hardships and the public |
| 7608 | interest involved. If the Administration Commission incorporates |
| 7609 | in its final order a term or condition that requires any local |
| 7610 | government to amend its local government comprehensive plan, the |
| 7611 | local government shall amend its plan within 60 days after the |
| 7612 | issuance of the order. Such amendment or amendments shall be |
| 7613 | exempt from the limitation of the frequency of plan amendments |
| 7614 | contained in s. 163.3187(1), and A public hearing on such |
| 7615 | amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is |
| 7616 | shall not be required. The final order of the Administration |
| 7617 | Commission is subject to appeal pursuant to s. 120.68. If the |
| 7618 | order of the Administration Commission is appealed, the time for |
| 7619 | the local government to amend its plan shall be tolled during |
| 7620 | the pendency of any local, state, or federal administrative or |
| 7621 | judicial proceeding relating to the military base reuse plan. |
| 7622 | Section 45. Subsection (4) of section 290.0475, Florida |
| 7623 | Statutes, is amended to read: |
| 7624 | 290.0475 Rejection of grant applications; penalties for |
| 7625 | failure to meet application conditions.-Applications received |
| 7626 | for funding under all program categories shall be rejected |
| 7627 | without scoring only in the event that any of the following |
| 7628 | circumstances arise: |
| 7629 | (4) The application is not consistent with the local |
| 7630 | government's comprehensive plan adopted pursuant to s. |
| 7631 | 163.3184(7). |
| 7632 | Section 46. Paragraph (c) of subsection (3) of section |
| 7633 | 311.07, Florida Statutes, is amended to read: |
| 7634 | 311.07 Florida seaport transportation and economic |
| 7635 | development funding.- |
| 7636 | (3) |
| 7637 | (c) To be eligible for consideration by the council |
| 7638 | pursuant to this section, a project must be consistent with the |
| 7639 | port comprehensive master plan which is incorporated as part of |
| 7640 | the approved local government comprehensive plan as required by |
| 7641 | s. 163.3178(2)(k) or other provisions of the Community Local |
| 7642 | Government Comprehensive Planning and Land Development |
| 7643 | Regulation Act, part II of chapter 163. |
| 7644 | Section 47. Subsection (1) of section 331.319, Florida |
| 7645 | Statutes, is amended to read: |
| 7646 | 331.319 Comprehensive planning; building and safety |
| 7647 | codes.-The board of directors may: |
| 7648 | (1) Adopt, and from time to time review, amend, |
| 7649 | supplement, or repeal, a comprehensive general plan for the |
| 7650 | physical development of the area within the spaceport territory |
| 7651 | in accordance with the objectives and purposes of this act and |
| 7652 | consistent with the comprehensive plans of the applicable county |
| 7653 | or counties and municipality or municipalities adopted pursuant |
| 7654 | to the Community Local Government Comprehensive Planning and |
| 7655 | Land Development Regulation Act, part II of chapter 163. |
| 7656 | Section 48. Paragraph (e) of subsection (5) of section |
| 7657 | 339.155, Florida Statutes, is amended to read: |
| 7658 | 339.155 Transportation planning.- |
| 7659 | (5) ADDITIONAL TRANSPORTATION PLANS.- |
| 7660 | (e) The regional transportation plan developed pursuant to |
| 7661 | this section must, at a minimum, identify regionally significant |
| 7662 | transportation facilities located within a regional |
| 7663 | transportation area and contain a prioritized list of regionally |
| 7664 | significant projects. The level-of-service standards for |
| 7665 | facilities to be funded under this subsection shall be adopted |
| 7666 | by the appropriate local government in accordance with s. |
| 7667 | 163.3180(10). The projects shall be adopted into the capital |
| 7668 | improvements schedule of the local government comprehensive plan |
| 7669 | pursuant to s. 163.3177(3). |
| 7670 | Section 49. Paragraph (a) of subsection (4) of section |
| 7671 | 339.2819, Florida Statutes, is amended to read: |
| 7672 | 339.2819 Transportation Regional Incentive Program.- |
| 7673 | (4)(a) Projects to be funded with Transportation Regional |
| 7674 | Incentive Program funds shall, at a minimum: |
| 7675 | 1. Support those transportation facilities that serve |
| 7676 | national, statewide, or regional functions and function as an |
| 7677 | integrated regional transportation system. |
| 7678 | 2. Be identified in the capital improvements element of a |
| 7679 | comprehensive plan that has been determined to be in compliance |
| 7680 | with part II of chapter 163, after July 1, 2005, or to implement |
| 7681 | a long-term concurrency management system adopted by a local |
| 7682 | government in accordance with s. 163.3180(9). Further, the |
| 7683 | project shall be in compliance with local government |
| 7684 | comprehensive plan policies relative to corridor management. |
| 7685 | 3. Be consistent with the Strategic Intermodal System Plan |
| 7686 | developed under s. 339.64. |
| 7687 | 4. Have a commitment for local, regional, or private |
| 7688 | financial matching funds as a percentage of the overall project |
| 7689 | cost. |
| 7690 | Section 50. Subsection (5) of section 369.303, Florida |
| 7691 | Statutes, is amended to read: |
| 7692 | 369.303 Definitions.-As used in this part: |
| 7693 | (5) "Land development regulation" means a regulation |
| 7694 | covered by the definition in s. 163.3164(23) and any of the |
| 7695 | types of regulations described in s. 163.3202. |
| 7696 | Section 51. Subsections (5) and (7) of section 369.321, |
| 7697 | Florida Statutes, are amended to read: |
| 7698 | 369.321 Comprehensive plan amendments.-Except as otherwise |
| 7699 | expressly provided, by January 1, 2006, each local government |
| 7700 | within the Wekiva Study Area shall amend its local government |
| 7701 | comprehensive plan to include the following: |
| 7702 | (5) Comprehensive plans and comprehensive plan amendments |
| 7703 | adopted by the local governments to implement this section shall |
| 7704 | be reviewed by the Department of Community Affairs pursuant to |
| 7705 | s. 163.3184, and shall be exempt from the provisions of s. |
| 7706 | 163.3187(1). |
| 7707 | (7) During the period prior to the adoption of the |
| 7708 | comprehensive plan amendments required by this act, any local |
| 7709 | comprehensive plan amendment adopted by a city or county that |
| 7710 | applies to land located within the Wekiva Study Area shall |
| 7711 | protect surface and groundwater resources and be reviewed by the |
| 7712 | Department of Community Affairs, pursuant to chapter 163 and |
| 7713 | chapter 9J-5, Florida Administrative Code, using best available |
| 7714 | data, including the information presented to the Wekiva River |
| 7715 | Basin Coordinating Committee. |
| 7716 | Section 52. Subsection (1) of section 378.021, Florida |
| 7717 | Statutes, is amended to read: |
| 7718 | 378.021 Master reclamation plan.- |
| 7719 | (1) The Department of Environmental Protection shall amend |
| 7720 | the master reclamation plan that provides guidelines for the |
| 7721 | reclamation of lands mined or disturbed by the severance of |
| 7722 | phosphate rock prior to July 1, 1975, which lands are not |
| 7723 | subject to mandatory reclamation under part II of chapter 211. |
| 7724 | In amending the master reclamation plan, the Department of |
| 7725 | Environmental Protection shall continue to conduct an onsite |
| 7726 | evaluation of all lands mined or disturbed by the severance of |
| 7727 | phosphate rock prior to July 1, 1975, which lands are not |
| 7728 | subject to mandatory reclamation under part II of chapter 211. |
| 7729 | The master reclamation plan when amended by the Department of |
| 7730 | Environmental Protection shall be consistent with local |
| 7731 | government plans prepared pursuant to the Community Local |
| 7732 | Government Comprehensive Planning and Land Development |
| 7733 | Regulation Act. |
| 7734 | Section 53. Subsection (10) of section 380.031, Florida |
| 7735 | Statutes, is amended to read: |
| 7736 | 380.031 Definitions.-As used in this chapter: |
| 7737 | (10) "Local comprehensive plan" means any or all local |
| 7738 | comprehensive plans or elements or portions thereof prepared, |
| 7739 | adopted, or amended pursuant to the Community Local Government |
| 7740 | Comprehensive Planning and Land Development Regulation Act, as |
| 7741 | amended. |
| 7742 | Section 54. Paragraph (d) of subsection (2), paragraph (b) |
| 7743 | of subsection (6), paragraphs (c) and (e) of subsection (19), |
| 7744 | subsection (24), paragraph (e) of subsection (28), and |
| 7745 | paragraphs (a), (d), and (e) of subsection (29) of section |
| 7746 | 380.06, Florida Statutes, are amended, and subsection (30) is |
| 7747 | added to that section, to read: |
| 7748 | 380.06 Developments of regional impact.- |
| 7749 | (2) STATEWIDE GUIDELINES AND STANDARDS.- |
| 7750 | (d) The guidelines and standards shall be applied as |
| 7751 | follows: |
| 7752 | 1. Fixed thresholds.- |
| 7753 | a. A development that is below 100 percent of all |
| 7754 | numerical thresholds in the guidelines and standards shall not |
| 7755 | be required to undergo development-of-regional-impact review. |
| 7756 | b. A development that is at or above 120 percent of any |
| 7757 | numerical threshold shall be required to undergo development-of- |
| 7758 | regional-impact review. |
| 7759 | c. Projects certified under s. 403.973 which create at |
| 7760 | least 100 jobs and meet the criteria of the Office of Tourism, |
| 7761 | Trade, and Economic Development as to their impact on an area's |
| 7762 | economy, employment, and prevailing wage and skill levels that |
| 7763 | are at or below 100 percent of the numerical thresholds for |
| 7764 | industrial plants, industrial parks, distribution, warehousing |
| 7765 | or wholesaling facilities, office development or multiuse |
| 7766 | projects other than residential, as described in s. |
| 7767 | 380.0651(3)(c), (d), and (f)(h), are not required to undergo |
| 7768 | development-of-regional-impact review. |
| 7769 | 2. Rebuttable presumption.-It shall be presumed that a |
| 7770 | development that is at 100 percent or between 100 and 120 |
| 7771 | percent of a numerical threshold shall be required to undergo |
| 7772 | development-of-regional-impact review. |
| 7773 | Section 55. Paragraph (b) of subsection (6), paragraph (g) |
| 7774 | of subsection (15), paragraphs (b), (c), and (e) of subsection |
| 7775 | (19), subsection (24), paragraph (e) of subsection (28), and |
| 7776 | paragraphs (a), (d), and (e) of subsection (29) of section |
| 7777 | 380.06, Florida Statutes, are amended, and subsection (30) is |
| 7778 | added to that section, to read: |
| 7779 | (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT |
| 7780 | PLAN AMENDMENTS.- |
| 7781 | (b) Any local government comprehensive plan amendments |
| 7782 | related to a proposed development of regional impact, including |
| 7783 | any changes proposed under subsection (19), may be initiated by |
| 7784 | a local planning agency or the developer and must be considered |
| 7785 | by the local governing body at the same time as the application |
| 7786 | for development approval using the procedures provided for local |
| 7787 | plan amendment in s. 163.3187 or s. 163.3189 and applicable |
| 7788 | local ordinances, without regard to statutory or local ordinance |
| 7789 | limits on the frequency of consideration of amendments to the |
| 7790 | local comprehensive plan. Nothing in This paragraph does not |
| 7791 | shall be deemed to require favorable consideration of a plan |
| 7792 | amendment solely because it is related to a development of |
| 7793 | regional impact. The procedure for processing such comprehensive |
| 7794 | plan amendments is as follows: |
| 7795 | 1. If a developer seeks a comprehensive plan amendment |
| 7796 | related to a development of regional impact, the developer must |
| 7797 | so notify in writing the regional planning agency, the |
| 7798 | applicable local government, and the state land planning agency |
| 7799 | no later than the date of preapplication conference or the |
| 7800 | submission of the proposed change under subsection (19). |
| 7801 | 2. When filing the application for development approval or |
| 7802 | the proposed change, the developer must include a written |
| 7803 | request for comprehensive plan amendments that would be |
| 7804 | necessitated by the development-of-regional-impact approvals |
| 7805 | sought. That request must include data and analysis upon which |
| 7806 | the applicable local government can determine whether to |
| 7807 | transmit the comprehensive plan amendment pursuant to s. |
| 7808 | 163.3184. |
| 7809 | 3. The local government must advertise a public hearing on |
| 7810 | the transmittal within 30 days after filing the application for |
| 7811 | development approval or the proposed change and must make a |
| 7812 | determination on the transmittal within 60 days after the |
| 7813 | initial filing unless that time is extended by the developer. |
| 7814 | 4. If the local government approves the transmittal, |
| 7815 | procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be |
| 7816 | followed. |
| 7817 | 5. Notwithstanding subsection (11) or subsection (19), the |
| 7818 | local government may not hold a public hearing on the |
| 7819 | application for development approval or the proposed change or |
| 7820 | on the comprehensive plan amendments sooner than 30 days from |
| 7821 | receipt of the response from the state land planning agency |
| 7822 | pursuant to s. 163.3184(4)(d)(6). The 60-day time period for |
| 7823 | local governments to adopt, adopt with changes, or not adopt |
| 7824 | plan amendments pursuant to s. 163.3184(7) shall not apply to |
| 7825 | concurrent plan amendments provided for in this subsection. |
| 7826 | 6. The local government must hear both the application for |
| 7827 | development approval or the proposed change and the |
| 7828 | comprehensive plan amendments at the same hearing. However, the |
| 7829 | local government must take action separately on the application |
| 7830 | for development approval or the proposed change and on the |
| 7831 | comprehensive plan amendments. |
| 7832 | 7. Thereafter, the appeal process for the local government |
| 7833 | development order must follow the provisions of s. 380.07, and |
| 7834 | the compliance process for the comprehensive plan amendments |
| 7835 | must follow the provisions of s. 163.3184. |
| 7836 | (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.- |
| 7837 | (g) A local government shall not issue permits for |
| 7838 | development subsequent to the buildout date contained in the |
| 7839 | development order unless: |
| 7840 | 1. The proposed development has been evaluated |
| 7841 | cumulatively with existing development under the substantial |
| 7842 | deviation provisions of subsection (19) subsequent to the |
| 7843 | termination or expiration date; |
| 7844 | 2. The proposed development is consistent with an |
| 7845 | abandonment of development order that has been issued in |
| 7846 | accordance with the provisions of subsection (26); |
| 7847 | 3. The development of regional impact is essentially built |
| 7848 | out, in that all the mitigation requirements in the development |
| 7849 | order have been satisfied, all developers are in compliance with |
| 7850 | all applicable terms and conditions of the development order |
| 7851 | except the buildout date, and the amount of proposed development |
| 7852 | that remains to be built is less than 40 20 percent of any |
| 7853 | applicable development-of-regional-impact threshold; or |
| 7854 | 4. The project has been determined to be an essentially |
| 7855 | built-out development of regional impact through an agreement |
| 7856 | executed by the developer, the state land planning agency, and |
| 7857 | the local government, in accordance with s. 380.032, which will |
| 7858 | establish the terms and conditions under which the development |
| 7859 | may be continued. If the project is determined to be essentially |
| 7860 | built out, development may proceed pursuant to the s. 380.032 |
| 7861 | agreement after the termination or expiration date contained in |
| 7862 | the development order without further development-of-regional- |
| 7863 | impact review subject to the local government comprehensive plan |
| 7864 | and land development regulations or subject to a modified |
| 7865 | development-of-regional-impact analysis. As used in this |
| 7866 | paragraph, an "essentially built-out" development of regional |
| 7867 | impact means: |
| 7868 | a. The developers are in compliance with all applicable |
| 7869 | terms and conditions of the development order except the |
| 7870 | buildout date; and |
| 7871 | b.(I) The amount of development that remains to be built |
| 7872 | is less than the substantial deviation threshold specified in |
| 7873 | paragraph (19)(b) for each individual land use category, or, for |
| 7874 | a multiuse development, the sum total of all unbuilt land uses |
| 7875 | as a percentage of the applicable substantial deviation |
| 7876 | threshold is equal to or less than 100 percent; or |
| 7877 | (II) The state land planning agency and the local |
| 7878 | government have agreed in writing that the amount of development |
| 7879 | to be built does not create the likelihood of any additional |
| 7880 | regional impact not previously reviewed. |
| 7881 |
|
| 7882 | The single-family residential portions of a development may be |
| 7883 | considered "essentially built out" if all of the workforce |
| 7884 | housing obligations and all of the infrastructure and horizontal |
| 7885 | development have been completed, at least 50 percent of the |
| 7886 | dwelling units have been completed, and more than 80 percent of |
| 7887 | the lots have been conveyed to third-party individual lot owners |
| 7888 | or to individual builders who own no more than 40 lots at the |
| 7889 | time of the determination. The mobile home park portions of a |
| 7890 | development may be considered "essentially built out" if all the |
| 7891 | infrastructure and horizontal development has been completed, |
| 7892 | and at least 50 percent of the lots are leased to individual |
| 7893 | mobile home owners. |
| 7894 | (19) SUBSTANTIAL DEVIATIONS.- |
| 7895 | (b) Any proposed change to a previously approved |
| 7896 | development of regional impact or development order condition |
| 7897 | which, either individually or cumulatively with other changes, |
| 7898 | exceeds any of the following criteria shall constitute a |
| 7899 | substantial deviation and shall cause the development to be |
| 7900 | subject to further development-of-regional-impact review without |
| 7901 | the necessity for a finding of same by the local government: |
| 7902 | 1. An increase in the number of parking spaces at an |
| 7903 | attraction or recreational facility by 15 10 percent or 500 330 |
| 7904 | spaces, whichever is greater, or an increase in the number of |
| 7905 | spectators that may be accommodated at such a facility by 15 10 |
| 7906 | percent or 1,500 1,100 spectators, whichever is greater. |
| 7907 | 2. A new runway, a new terminal facility, a 25-percent |
| 7908 | lengthening of an existing runway, or a 25-percent increase in |
| 7909 | the number of gates of an existing terminal, but only if the |
| 7910 | increase adds at least three additional gates. |
| 7911 | 3. An increase in industrial development area by 10 |
| 7912 | percent or 35 acres, whichever is greater. |
| 7913 | 4. An increase in the average annual acreage mined by 10 |
| 7914 | percent or 11 acres, whichever is greater, or an increase in the |
| 7915 | average daily water consumption by a mining operation by 10 |
| 7916 | percent or 330,000 gallons, whichever is greater. A net increase |
| 7917 | in the size of the mine by 10 percent or 825 acres, whichever is |
| 7918 | less. For purposes of calculating any net increases in size, |
| 7919 | only additions and deletions of lands that have not been mined |
| 7920 | shall be considered. An increase in the size of a heavy mineral |
| 7921 | mine as defined in s. 378.403(7) will only constitute a |
| 7922 | substantial deviation if the average annual acreage mined is |
| 7923 | more than 550 acres and consumes more than 3.3 million gallons |
| 7924 | of water per day. |
| 7925 | 3.5. An increase in land area for office development by 15 |
| 7926 | 10 percent or an increase of gross floor area of office |
| 7927 | development by 15 10 percent or 100,000 66,000 gross square |
| 7928 | feet, whichever is greater. |
| 7929 | 4.6. An increase in the number of dwelling units by 10 |
| 7930 | percent or 55 dwelling units, whichever is greater. |
| 7931 | 5.7. An increase in the number of dwelling units by 50 |
| 7932 | percent or 200 units, whichever is greater, provided that 15 |
| 7933 | percent of the proposed additional dwelling units are dedicated |
| 7934 | to affordable workforce housing, subject to a recorded land use |
| 7935 | restriction that shall be for a period of not less than 20 years |
| 7936 | and that includes resale provisions to ensure long-term |
| 7937 | affordability for income-eligible homeowners and renters and |
| 7938 | provisions for the workforce housing to be commenced prior to |
| 7939 | the completion of 50 percent of the market rate dwelling. For |
| 7940 | purposes of this subparagraph, the term "affordable workforce |
| 7941 | housing" means housing that is affordable to a person who earns |
| 7942 | less than 120 percent of the area median income, or less than |
| 7943 | 140 percent of the area median income if located in a county in |
| 7944 | which the median purchase price for a single-family existing |
| 7945 | home exceeds the statewide median purchase price of a single- |
| 7946 | family existing home. For purposes of this subparagraph, the |
| 7947 | term "statewide median purchase price of a single-family |
| 7948 | existing home" means the statewide purchase price as determined |
| 7949 | in the Florida Sales Report, Single-Family Existing Homes, |
| 7950 | released each January by the Florida Association of Realtors and |
| 7951 | the University of Florida Real Estate Research Center. |
| 7952 | 6.8. An increase in commercial development by 60,000 |
| 7953 | 55,000 square feet of gross floor area or of parking spaces |
| 7954 | provided for customers for 425 330 cars or a 10-percent increase |
| 7955 | of either of these, whichever is greater. |
| 7956 | 9. An increase in hotel or motel rooms by 10 percent or 83 |
| 7957 | rooms, whichever is greater. |
| 7958 | 7.10. An increase in a recreational vehicle park area by |
| 7959 | 10 percent or 110 vehicle spaces, whichever is less. |
| 7960 | 8.11. A decrease in the area set aside for open space of 5 |
| 7961 | percent or 20 acres, whichever is less. |
| 7962 | 9.12. A proposed increase to an approved multiuse |
| 7963 | development of regional impact where the sum of the increases of |
| 7964 | each land use as a percentage of the applicable substantial |
| 7965 | deviation criteria is equal to or exceeds 110 percent. The |
| 7966 | percentage of any decrease in the amount of open space shall be |
| 7967 | treated as an increase for purposes of determining when 110 |
| 7968 | percent has been reached or exceeded. |
| 7969 | 10.13. A 15-percent increase in the number of external |
| 7970 | vehicle trips generated by the development above that which was |
| 7971 | projected during the original development-of-regional-impact |
| 7972 | review. |
| 7973 | 11.14. Any change which would result in development of any |
| 7974 | area which was specifically set aside in the application for |
| 7975 | development approval or in the development order for |
| 7976 | preservation or special protection of endangered or threatened |
| 7977 | plants or animals designated as endangered, threatened, or |
| 7978 | species of special concern and their habitat, any species |
| 7979 | protected by 16 U.S.C. ss. 668a-668d, primary dunes, or |
| 7980 | archaeological and historical sites designated as significant by |
| 7981 | the Division of Historical Resources of the Department of State. |
| 7982 | The refinement of the boundaries and configuration of such areas |
| 7983 | shall be considered under sub-subparagraph (e)2.j. |
| 7984 |
|
| 7985 | The substantial deviation numerical standards in subparagraphs |
| 7986 | 3., 6., and 5., 8., 9., and 12., excluding residential uses, and |
| 7987 | in subparagraph 10. 13., are increased by 100 percent for a |
| 7988 | project certified under s. 403.973 which creates jobs and meets |
| 7989 | criteria established by the Office of Tourism, Trade, and |
| 7990 | Economic Development as to its impact on an area's economy, |
| 7991 | employment, and prevailing wage and skill levels. The |
| 7992 | substantial deviation numerical standards in subparagraphs 3., |
| 7993 | 4. 5., 6., 7., 8., 9., 12., and 10. 13. are increased by 50 |
| 7994 | percent for a project located wholly within an urban infill and |
| 7995 | redevelopment area designated on the applicable adopted local |
| 7996 | comprehensive plan future land use map and not located within |
| 7997 | the coastal high hazard area. |
| 7998 | (c) An extension of the date of buildout of a development, |
| 7999 | or any phase thereof, by more than 7 years is presumed to create |
| 8000 | a substantial deviation subject to further development-of- |
| 8001 | regional-impact review. |
| 8002 | 1. An extension of the date of buildout, or any phase |
| 8003 | thereof, of more than 5 years but not more than 7 years is |
| 8004 | presumed not to create a substantial deviation. The extension of |
| 8005 | the date of buildout of an areawide development of regional |
| 8006 | impact by more than 5 years but less than 10 years is presumed |
| 8007 | not to create a substantial deviation. These presumptions may be |
| 8008 | rebutted by clear and convincing evidence at the public hearing |
| 8009 | held by the local government. An extension of 5 years or less is |
| 8010 | not a substantial deviation. |
| 8011 | 2. In recognition of the 2011 real estate market |
| 8012 | conditions, at the option of the developer, all commencement, |
| 8013 | phase, buildout, and expiration dates for projects that are |
| 8014 | currently valid developments of regional impact are extended for |
| 8015 | 4 years regardless of any previous extension. Associated |
| 8016 | mitigation requirements are extended for the same period unless |
| 8017 | a governmental entity notifies the developer by December 1, |
| 8018 | 2011, that it has entered into a contract for construction of a |
| 8019 | facility with some or all of development's mitigation funds |
| 8020 | specified in the development order or a written agreement with |
| 8021 | the developer. The 4-year extension is not a substantial |
| 8022 | deviation, is not subject to further development-of-regional- |
| 8023 | impact review, and may not be considered when determining |
| 8024 | whether a subsequent extension is a substantial deviation under |
| 8025 | this subsection. The developer must notify the local government |
| 8026 | in writing by December 31, 2011, in order to receive the 4-year |
| 8027 | extension. |
| 8028 |
|
| 8029 | For the purpose of calculating when a buildout or phase date has |
| 8030 | been exceeded, the time shall be tolled during the pendency of |
| 8031 | administrative or judicial proceedings relating to development |
| 8032 | permits. Any extension of the buildout date of a project or a |
| 8033 | phase thereof shall automatically extend the commencement date |
| 8034 | of the project, the termination date of the development order, |
| 8035 | the expiration date of the development of regional impact, and |
| 8036 | the phases thereof if applicable by a like period of time. In |
| 8037 | recognition of the 2007 real estate market conditions, all |
| 8038 | phase, buildout, and expiration dates for projects that are |
| 8039 | developments of regional impact and under active construction on |
| 8040 | July 1, 2007, are extended for 3 years regardless of any prior |
| 8041 | extension. The 3-year extension is not a substantial deviation, |
| 8042 | is not subject to further development-of-regional-impact review, |
| 8043 | and may not be considered when determining whether a subsequent |
| 8044 | extension is a substantial deviation under this subsection. |
| 8045 | (e)1. Except for a development order rendered pursuant to |
| 8046 | subsection (22) or subsection (25), a proposed change to a |
| 8047 | development order that individually or cumulatively with any |
| 8048 | previous change is less than any numerical criterion contained |
| 8049 | in subparagraphs (b)1.-10.1.-13. and does not exceed any other |
| 8050 | criterion, or that involves an extension of the buildout date of |
| 8051 | a development, or any phase thereof, of less than 5 years is not |
| 8052 | subject to the public hearing requirements of subparagraph |
| 8053 | (f)3., and is not subject to a determination pursuant to |
| 8054 | subparagraph (f)5. Notice of the proposed change shall be made |
| 8055 | to the regional planning council and the state land planning |
| 8056 | agency. Such notice shall include a description of previous |
| 8057 | individual changes made to the development, including changes |
| 8058 | previously approved by the local government, and shall include |
| 8059 | appropriate amendments to the development order. |
| 8060 | 2. The following changes, individually or cumulatively |
| 8061 | with any previous changes, are not substantial deviations: |
| 8062 | a. Changes in the name of the project, developer, owner, |
| 8063 | or monitoring official. |
| 8064 | b. Changes to a setback that do not affect noise buffers, |
| 8065 | environmental protection or mitigation areas, or archaeological |
| 8066 | or historical resources. |
| 8067 | c. Changes to minimum lot sizes. |
| 8068 | d. Changes in the configuration of internal roads that do |
| 8069 | not affect external access points. |
| 8070 | e. Changes to the building design or orientation that stay |
| 8071 | approximately within the approved area designated for such |
| 8072 | building and parking lot, and which do not affect historical |
| 8073 | buildings designated as significant by the Division of |
| 8074 | Historical Resources of the Department of State. |
| 8075 | f. Changes to increase the acreage in the development, |
| 8076 | provided that no development is proposed on the acreage to be |
| 8077 | added. |
| 8078 | g. Changes to eliminate an approved land use, provided |
| 8079 | that there are no additional regional impacts. |
| 8080 | h. Changes required to conform to permits approved by any |
| 8081 | federal, state, or regional permitting agency, provided that |
| 8082 | these changes do not create additional regional impacts. |
| 8083 | i. Any renovation or redevelopment of development within a |
| 8084 | previously approved development of regional impact which does |
| 8085 | not change land use or increase density or intensity of use. |
| 8086 | j. Changes that modify boundaries and configuration of |
| 8087 | areas described in subparagraph (b)11.14. due to science-based |
| 8088 | refinement of such areas by survey, by habitat evaluation, by |
| 8089 | other recognized assessment methodology, or by an environmental |
| 8090 | assessment. In order for changes to qualify under this sub- |
| 8091 | subparagraph, the survey, habitat evaluation, or assessment must |
| 8092 | occur prior to the time a conservation easement protecting such |
| 8093 | lands is recorded and must not result in any net decrease in the |
| 8094 | total acreage of the lands specifically set aside for permanent |
| 8095 | preservation in the final development order. |
| 8096 | k. Any other change which the state land planning agency, |
| 8097 | in consultation with the regional planning council, agrees in |
| 8098 | writing is similar in nature, impact, or character to the |
| 8099 | changes enumerated in sub-subparagraphs a.-j. and which does not |
| 8100 | create the likelihood of any additional regional impact. |
| 8101 |
|
| 8102 | This subsection does not require the filing of a notice of |
| 8103 | proposed change but shall require an application to the local |
| 8104 | government to amend the development order in accordance with the |
| 8105 | local government's procedures for amendment of a development |
| 8106 | order. In accordance with the local government's procedures, |
| 8107 | including requirements for notice to the applicant and the |
| 8108 | public, the local government shall either deny the application |
| 8109 | for amendment or adopt an amendment to the development order |
| 8110 | which approves the application with or without conditions. |
| 8111 | Following adoption, the local government shall render to the |
| 8112 | state land planning agency the amendment to the development |
| 8113 | order. The state land planning agency may appeal, pursuant to s. |
| 8114 | 380.07(3), the amendment to the development order if the |
| 8115 | amendment involves sub-subparagraph g., sub-subparagraph h., |
| 8116 | sub-subparagraph j., or sub-subparagraph k., and it believes the |
| 8117 | change creates a reasonable likelihood of new or additional |
| 8118 | regional impacts. |
| 8119 | 3. Except for the change authorized by sub-subparagraph |
| 8120 | 2.f., any addition of land not previously reviewed or any change |
| 8121 | not specified in paragraph (b) or paragraph (c) shall be |
| 8122 | presumed to create a substantial deviation. This presumption may |
| 8123 | be rebutted by clear and convincing evidence. |
| 8124 | 4. Any submittal of a proposed change to a previously |
| 8125 | approved development shall include a description of individual |
| 8126 | changes previously made to the development, including changes |
| 8127 | previously approved by the local government. The local |
| 8128 | government shall consider the previous and current proposed |
| 8129 | changes in deciding whether such changes cumulatively constitute |
| 8130 | a substantial deviation requiring further development-of- |
| 8131 | regional-impact review. |
| 8132 | 5. The following changes to an approved development of |
| 8133 | regional impact shall be presumed to create a substantial |
| 8134 | deviation. Such presumption may be rebutted by clear and |
| 8135 | convincing evidence. |
| 8136 | a. A change proposed for 15 percent or more of the acreage |
| 8137 | to a land use not previously approved in the development order. |
| 8138 | Changes of less than 15 percent shall be presumed not to create |
| 8139 | a substantial deviation. |
| 8140 | b. Notwithstanding any provision of paragraph (b) to the |
| 8141 | contrary, a proposed change consisting of simultaneous increases |
| 8142 | and decreases of at least two of the uses within an authorized |
| 8143 | multiuse development of regional impact which was originally |
| 8144 | approved with three or more uses specified in s. 380.0651(3)(c), |
| 8145 | (d), (e), and (f) and residential use. |
| 8146 | 6. If a local government agrees to a proposed change, a |
| 8147 | change in the transportation proportionate share calculation and |
| 8148 | mitigation plan in an adopted development order as a result of |
| 8149 | recalculation of the proportionate share contribution meeting |
| 8150 | the requirements of s. 163.3180(5)(h) in effect as of the date |
| 8151 | of such change shall be presumed not to create a substantial |
| 8152 | deviation. For purposes of this subsection, the proposed change |
| 8153 | in the proportionate share calculation or mitigation plan shall |
| 8154 | not be considered an additional regional transportation impact. |
| 8155 | (e)1. Except for a development order rendered pursuant to |
| 8156 | subsection (22) or subsection (25), a proposed change to a |
| 8157 | development order that individually or cumulatively with any |
| 8158 | previous change is less than any numerical criterion contained |
| 8159 | in subparagraphs (b)1.-13. and does not exceed any other |
| 8160 | criterion, or that involves an extension of the buildout date of |
| 8161 | a development, or any phase thereof, of less than 5 years is not |
| 8162 | subject to the public hearing requirements of subparagraph |
| 8163 | (f)3., and is not subject to a determination pursuant to |
| 8164 | subparagraph (f)5. Notice of the proposed change shall be made |
| 8165 | to the regional planning council and the state land planning |
| 8166 | agency. Such notice shall include a description of previous |
| 8167 | individual changes made to the development, including changes |
| 8168 | previously approved by the local government, and shall include |
| 8169 | appropriate amendments to the development order. |
| 8170 | 2. The following changes, individually or cumulatively |
| 8171 | with any previous changes, are not substantial deviations: |
| 8172 | a. Changes in the name of the project, developer, owner, |
| 8173 | or monitoring official. |
| 8174 | b. Changes to a setback that do not affect noise buffers, |
| 8175 | environmental protection or mitigation areas, or archaeological |
| 8176 | or historical resources. |
| 8177 | c. Changes to minimum lot sizes. |
| 8178 | d. Changes in the configuration of internal roads that do |
| 8179 | not affect external access points. |
| 8180 | e. Changes to the building design or orientation that stay |
| 8181 | approximately within the approved area designated for such |
| 8182 | building and parking lot, and which do not affect historical |
| 8183 | buildings designated as significant by the Division of |
| 8184 | Historical Resources of the Department of State. |
| 8185 | f. Changes to increase the acreage in the development, |
| 8186 | provided that no development is proposed on the acreage to be |
| 8187 | added. |
| 8188 | g. Changes to eliminate an approved land use, provided |
| 8189 | that there are no additional regional impacts. |
| 8190 | h. Changes required to conform to permits approved by any |
| 8191 | federal, state, or regional permitting agency, provided that |
| 8192 | these changes do not create additional regional impacts. |
| 8193 | i. Any renovation or redevelopment of development within a |
| 8194 | previously approved development of regional impact which does |
| 8195 | not change land use or increase density or intensity of use. |
| 8196 | j. Changes that modify boundaries and configuration of |
| 8197 | areas described in subparagraph (b)14. due to science-based |
| 8198 | refinement of such areas by survey, by habitat evaluation, by |
| 8199 | other recognized assessment methodology, or by an environmental |
| 8200 | assessment. In order for changes to qualify under this sub- |
| 8201 | subparagraph, the survey, habitat evaluation, or assessment must |
| 8202 | occur prior to the time a conservation easement protecting such |
| 8203 | lands is recorded and must not result in any net decrease in the |
| 8204 | total acreage of the lands specifically set aside for permanent |
| 8205 | preservation in the final development order. |
| 8206 | k. Any other change which the state land planning agency, |
| 8207 | in consultation with the regional planning council, agrees in |
| 8208 | writing is similar in nature, impact, or character to the |
| 8209 | changes enumerated in sub-subparagraphs a.-j. and which does not |
| 8210 | create the likelihood of any additional regional impact. |
| 8211 |
|
| 8212 | This subsection does not require the filing of a notice of |
| 8213 | proposed change but shall require an application to the local |
| 8214 | government to amend the development order in accordance with the |
| 8215 | local government's procedures for amendment of a development |
| 8216 | order. In accordance with the local government's procedures, |
| 8217 | including requirements for notice to the applicant and the |
| 8218 | public, the local government shall either deny the application |
| 8219 | for amendment or adopt an amendment to the development order |
| 8220 | which approves the application with or without conditions. |
| 8221 | Following adoption, the local government shall render to the |
| 8222 | state land planning agency the amendment to the development |
| 8223 | order. The state land planning agency may appeal, pursuant to s. |
| 8224 | 380.07(3), the amendment to the development order if the |
| 8225 | amendment involves sub-subparagraph g., sub-subparagraph h., |
| 8226 | sub-subparagraph j., or sub-subparagraph k., and it believes the |
| 8227 | change creates a reasonable likelihood of new or additional |
| 8228 | regional impacts. |
| 8229 | 3. Except for the change authorized by sub-subparagraph |
| 8230 | 2.f., any addition of land not previously reviewed or any change |
| 8231 | not specified in paragraph (b) or paragraph (c) shall be |
| 8232 | presumed to create a substantial deviation. This presumption may |
| 8233 | be rebutted by clear and convincing evidence. |
| 8234 | 4. Any submittal of a proposed change to a previously |
| 8235 | approved development shall include a description of individual |
| 8236 | changes previously made to the development, including changes |
| 8237 | previously approved by the local government. The local |
| 8238 | government shall consider the previous and current proposed |
| 8239 | changes in deciding whether such changes cumulatively constitute |
| 8240 | a substantial deviation requiring further development-of- |
| 8241 | regional-impact review. |
| 8242 | 5. The following changes to an approved development of |
| 8243 | regional impact shall be presumed to create a substantial |
| 8244 | deviation. Such presumption may be rebutted by clear and |
| 8245 | convincing evidence. |
| 8246 | a. A change proposed for 15 percent or more of the acreage |
| 8247 | to a land use not previously approved in the development order. |
| 8248 | Changes of less than 15 percent shall be presumed not to create |
| 8249 | a substantial deviation. |
| 8250 | b. Notwithstanding any provision of paragraph (b) to the |
| 8251 | contrary, a proposed change consisting of simultaneous increases |
| 8252 | and decreases of at least two of the uses within an authorized |
| 8253 | multiuse development of regional impact which was originally |
| 8254 | approved with three or more uses specified in s. 380.0651(3)(c), |
| 8255 | (d), and (e), and (f) and residential use. |
| 8256 | (24) STATUTORY EXEMPTIONS.- |
| 8257 | (a) Any proposed hospital is exempt from the provisions of |
| 8258 | this section. |
| 8259 | (b) Any proposed electrical transmission line or |
| 8260 | electrical power plant is exempt from the provisions of this |
| 8261 | section. |
| 8262 | (c) Any proposed addition to an existing sports facility |
| 8263 | complex is exempt from the provisions of this section if the |
| 8264 | addition meets the following characteristics: |
| 8265 | 1. It would not operate concurrently with the scheduled |
| 8266 | hours of operation of the existing facility. |
| 8267 | 2. Its seating capacity would be no more than 75 percent |
| 8268 | of the capacity of the existing facility. |
| 8269 | 3. The sports facility complex property is owned by a |
| 8270 | public body prior to July 1, 1983. |
| 8271 |
|
| 8272 | This exemption does not apply to any pari-mutuel facility. |
| 8273 | (d) Any proposed addition or cumulative additions |
| 8274 | subsequent to July 1, 1988, to an existing sports facility |
| 8275 | complex owned by a state university is exempt if the increased |
| 8276 | seating capacity of the complex is no more than 30 percent of |
| 8277 | the capacity of the existing facility. |
| 8278 | (e) Any addition of permanent seats or parking spaces for |
| 8279 | an existing sports facility located on property owned by a |
| 8280 | public body prior to July 1, 1973, is exempt from the provisions |
| 8281 | of this section if future additions do not expand existing |
| 8282 | permanent seating or parking capacity more than 15 percent |
| 8283 | annually in excess of the prior year's capacity. |
| 8284 | (f) Any increase in the seating capacity of an existing |
| 8285 | sports facility having a permanent seating capacity of at least |
| 8286 | 50,000 spectators is exempt from the provisions of this section, |
| 8287 | provided that such an increase does not increase permanent |
| 8288 | seating capacity by more than 5 percent per year and not to |
| 8289 | exceed a total of 10 percent in any 5-year period, and provided |
| 8290 | that the sports facility notifies the appropriate local |
| 8291 | government within which the facility is located of the increase |
| 8292 | at least 6 months prior to the initial use of the increased |
| 8293 | seating, in order to permit the appropriate local government to |
| 8294 | develop a traffic management plan for the traffic generated by |
| 8295 | the increase. Any traffic management plan shall be consistent |
| 8296 | with the local comprehensive plan, the regional policy plan, and |
| 8297 | the state comprehensive plan. |
| 8298 | (g) Any expansion in the permanent seating capacity or |
| 8299 | additional improved parking facilities of an existing sports |
| 8300 | facility is exempt from the provisions of this section, if the |
| 8301 | following conditions exist: |
| 8302 | 1.a. The sports facility had a permanent seating capacity |
| 8303 | on January 1, 1991, of at least 41,000 spectator seats; |
| 8304 | b. The sum of such expansions in permanent seating |
| 8305 | capacity does not exceed a total of 10 percent in any 5-year |
| 8306 | period and does not exceed a cumulative total of 20 percent for |
| 8307 | any such expansions; or |
| 8308 | c. The increase in additional improved parking facilities |
| 8309 | is a one-time addition and does not exceed 3,500 parking spaces |
| 8310 | serving the sports facility; and |
| 8311 | 2. The local government having jurisdiction of the sports |
| 8312 | facility includes in the development order or development permit |
| 8313 | approving such expansion under this paragraph a finding of fact |
| 8314 | that the proposed expansion is consistent with the |
| 8315 | transportation, water, sewer and stormwater drainage provisions |
| 8316 | of the approved local comprehensive plan and local land |
| 8317 | development regulations relating to those provisions. |
| 8318 |
|
| 8319 | Any owner or developer who intends to rely on this statutory |
| 8320 | exemption shall provide to the department a copy of the local |
| 8321 | government application for a development permit. Within 45 days |
| 8322 | of receipt of the application, the department shall render to |
| 8323 | the local government an advisory and nonbinding opinion, in |
| 8324 | writing, stating whether, in the department's opinion, the |
| 8325 | prescribed conditions exist for an exemption under this |
| 8326 | paragraph. The local government shall render the development |
| 8327 | order approving each such expansion to the department. The |
| 8328 | owner, developer, or department may appeal the local government |
| 8329 | development order pursuant to s. 380.07, within 45 days after |
| 8330 | the order is rendered. The scope of review shall be limited to |
| 8331 | the determination of whether the conditions prescribed in this |
| 8332 | paragraph exist. If any sports facility expansion undergoes |
| 8333 | development-of-regional-impact review, all previous expansions |
| 8334 | which were exempt under this paragraph shall be included in the |
| 8335 | development-of-regional-impact review. |
| 8336 | (h) Expansion to port harbors, spoil disposal sites, |
| 8337 | navigation channels, turning basins, harbor berths, and other |
| 8338 | related inwater harbor facilities of ports listed in s. |
| 8339 | 403.021(9)(b), port transportation facilities and projects |
| 8340 | listed in s. 311.07(3)(b), and intermodal transportation |
| 8341 | facilities identified pursuant to s. 311.09(3) are exempt from |
| 8342 | the provisions of this section when such expansions, projects, |
| 8343 | or facilities are consistent with comprehensive master plans |
| 8344 | that are in compliance with the provisions of s. 163.3178. |
| 8345 | (i) Any proposed facility for the storage of any petroleum |
| 8346 | product or any expansion of an existing facility is exempt from |
| 8347 | the provisions of this section. |
| 8348 | (j) Any renovation or redevelopment within the same land |
| 8349 | parcel which does not change land use or increase density or |
| 8350 | intensity of use. |
| 8351 | (k) Waterport and marina development, including dry |
| 8352 | storage facilities, are exempt from the provisions of this |
| 8353 | section. |
| 8354 | (l) Any proposed development within an urban service |
| 8355 | boundary established under s. 163.3177(14), which is not |
| 8356 | otherwise exempt pursuant to subsection (29), is exempt from the |
| 8357 | provisions of this section if the local government having |
| 8358 | jurisdiction over the area where the development is proposed has |
| 8359 | adopted the urban service boundary, has entered into a binding |
| 8360 | agreement with jurisdictions that would be impacted and with the |
| 8361 | Department of Transportation regarding the mitigation of impacts |
| 8362 | on state and regional transportation facilities, and has adopted |
| 8363 | a proportionate share methodology pursuant to s. 163.3180(16). |
| 8364 | (m) Any proposed development within a rural land |
| 8365 | stewardship area created under s. 163.3248 163.3177(11)(d) is |
| 8366 | exempt from the provisions of this section if the local |
| 8367 | government that has adopted the rural land stewardship area has |
| 8368 | entered into a binding agreement with jurisdictions that would |
| 8369 | be impacted and the Department of Transportation regarding the |
| 8370 | mitigation of impacts on state and regional transportation |
| 8371 | facilities, and has adopted a proportionate share methodology |
| 8372 | pursuant to s. 163.3180(16). |
| 8373 | (n) The establishment, relocation, or expansion of any |
| 8374 | military installation as defined in s. 163.3175, is exempt from |
| 8375 | this section. |
| 8376 | (o) Any self-storage warehousing that does not allow |
| 8377 | retail or other services is exempt from this section. |
| 8378 | (p) Any proposed nursing home or assisted living facility |
| 8379 | is exempt from this section. |
| 8380 | (q) Any development identified in an airport master plan |
| 8381 | and adopted into the comprehensive plan pursuant to s. |
| 8382 | 163.3177(6)(k) is exempt from this section. |
| 8383 | (r) Any development identified in a campus master plan and |
| 8384 | adopted pursuant to s. 1013.30 is exempt from this section. |
| 8385 | (s) Any development in a detailed specific area plan which |
| 8386 | is prepared and adopted pursuant to s. 163.3245 and adopted into |
| 8387 | the comprehensive plan is exempt from this section. |
| 8388 | (t) Any proposed solid mineral mine and any proposed |
| 8389 | addition to, expansion of, or change to an existing solid |
| 8390 | mineral mine is exempt from this section. Proposed changes to |
| 8391 | any previously approved solid mineral mine development-of- |
| 8392 | regional-impact development orders having vested rights is not |
| 8393 | subject to further review or approval as a development-of- |
| 8394 | regional-impact or notice-of-proposed-change review or approval |
| 8395 | pursuant to subsection (19), except for those applications |
| 8396 | pending as of July 1, 2011, which shall be governed by s. |
| 8397 | 380.115(2). Notwithstanding the foregoing, however, pursuant to |
| 8398 | s. 380.115(1), previously approved solid mineral mine |
| 8399 | development-of-regional-impact development orders shall continue |
| 8400 | to enjoy vested rights and continue to be effective unless |
| 8401 | rescinded by the developer. All local government regulations of |
| 8402 | proposed solid mineral mines shall be applicable to any new |
| 8403 | solid mineral mine or to any proposed addition to, expansion of, |
| 8404 | or change to an existing solid mineral mine. |
| 8405 | (u) Notwithstanding any provisions in an agreement with or |
| 8406 | among a local government, regional agency, or the state land |
| 8407 | planning agency or in a local government's comprehensive plan to |
| 8408 | the contrary, a project no longer subject to development-of- |
| 8409 | regional-impact review under revised thresholds is not required |
| 8410 | to undergo such review. |
| 8411 | (v)(t) Any development within a county with a research and |
| 8412 | education authority created by special act and that is also |
| 8413 | within a research and development park that is operated or |
| 8414 | managed by a research and development authority pursuant to part |
| 8415 | V of chapter 159 is exempt from this section. |
| 8416 |
|
| 8417 | If a use is exempt from review as a development of regional |
| 8418 | impact under paragraphs (a)-(u) (a)-(s), but will be part of a |
| 8419 | larger project that is subject to review as a development of |
| 8420 | regional impact, the impact of the exempt use must be included |
| 8421 | in the review of the larger project, unless such exempt use |
| 8422 | involves a development of regional impact that includes a |
| 8423 | landowner, tenant, or user that has entered into a funding |
| 8424 | agreement with the Office of Tourism, Trade, and Economic |
| 8425 | Development under the Innovation Incentive Program and the |
| 8426 | agreement contemplates a state award of at least $50 million. |
| 8427 | (28) PARTIAL STATUTORY EXEMPTIONS.- |
| 8428 | (e) The vesting provision of s. 163.3167(5)(8) relating to |
| 8429 | an authorized development of regional impact does shall not |
| 8430 | apply to those projects partially exempt from the development- |
| 8431 | of-regional-impact review process under paragraphs (a)-(d). |
| 8432 | (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.- |
| 8433 | (a) The following are exempt from this section: |
| 8434 | 1. Any proposed development in a municipality that has an |
| 8435 | average of at least 1,000 people per square mile of land area |
| 8436 | and a minimum total population of at least 5,000 qualifies as a |
| 8437 | dense urban land area as defined in s. 163.3164; |
| 8438 | 2. Any proposed development within a county, including the |
| 8439 | municipalities located in the county, that has an average of at |
| 8440 | least 1,000 people per square mile of land area qualifies as a |
| 8441 | dense urban land area as defined in s. 163.3164 and that is |
| 8442 | located within an urban service area as defined in s. 163.3164 |
| 8443 | which has been adopted into the comprehensive plan; or |
| 8444 | 3. Any proposed development within a county, including the |
| 8445 | municipalities located therein, which has a population of at |
| 8446 | least 900,000, that has an average of at least 1,000 people per |
| 8447 | square mile of land area which qualifies as a dense urban land |
| 8448 | area under s. 163.3164, but which does not have an urban service |
| 8449 | area designated in the comprehensive plan; or |
| 8450 | 4. Any proposed development within a county, including the |
| 8451 | municipalities located therein, which has a population of at |
| 8452 | least 1 million and is located within an urban service area as |
| 8453 | defined in s. 163.3164 which has been adopted into the |
| 8454 | comprehensive plan. |
| 8455 |
|
| 8456 | The Office of Economic and Demographic Research within the |
| 8457 | Legislature shall annually calculate the population and density |
| 8458 | criteria needed to determine which jurisdictions meet the |
| 8459 | density criteria in subparagraphs 1.-4. by using the most recent |
| 8460 | land area data from the decennial census conducted by the Bureau |
| 8461 | of the Census of the United States Department of Commerce and |
| 8462 | the latest available population estimates determined pursuant to |
| 8463 | s. 186.901. If any local government has had an annexation, |
| 8464 | contraction, or new incorporation, the Office of Economic and |
| 8465 | Demographic Research shall determine the population density |
| 8466 | using the new jurisdictional boundaries as recorded in |
| 8467 | accordance with s. 171.091. The Office of Economic and |
| 8468 | Demographic Research shall annually submit to the state land |
| 8469 | planning agency by July 1 a list of jurisdictions that meet the |
| 8470 | total population and density criteria. The state land planning |
| 8471 | agency shall publish the list of jurisdictions on its Internet |
| 8472 | website within 7 days after the list is received. The |
| 8473 | designation of jurisdictions that meet the criteria of |
| 8474 | subparagraphs 1.-4. is effective upon publication on the state |
| 8475 | land planning agency's Internet website. If a municipality that |
| 8476 | has previously met the criteria no longer meets the criteria, |
| 8477 | the state land planning agency shall maintain the municipality |
| 8478 | on the list and indicate the year the jurisdiction last met the |
| 8479 | criteria. However, any proposed development of regional impact |
| 8480 | not within the established boundaries of a municipality at the |
| 8481 | time the municipality met the requirement must meet the |
| 8482 | requirements of this section. Any county that meets the criteria |
| 8483 | shall remain on the list in accordance with the provisions of |
| 8484 | this section until such time as the municipality as a whole |
| 8485 | meets the criteria. Any local government that was placed on the |
| 8486 | list before the effective date of this act shall remain on the |
| 8487 | list in accordance with the provisions of this section. |
| 8488 | (d) A development that is located partially outside an |
| 8489 | area that is exempt from the development-of-regional-impact |
| 8490 | program must undergo development-of-regional-impact review |
| 8491 | pursuant to this section. However, if the total acreage that is |
| 8492 | included within the area exempt from development-of-regional- |
| 8493 | impact review exceeds 85 percent of the total acreage and square |
| 8494 | footage of the approved development of regional impact, the |
| 8495 | development-of-regional-impact development order may be |
| 8496 | rescinded in both local governments pursuant to s. 380.115(1), |
| 8497 | unless the portion of the development outside the exempt area |
| 8498 | meets the threshold criteria of a development-of-regional- |
| 8499 | impact. |
| 8500 | (e) In an area that is exempt under paragraphs (a)-(c), |
| 8501 | any previously approved development-of-regional-impact |
| 8502 | development orders shall continue to be effective, but the |
| 8503 | developer has the option to be governed by s. 380.115(1). A |
| 8504 | pending application for development approval shall be governed |
| 8505 | by s. 380.115(2). A development that has a pending application |
| 8506 | for a comprehensive plan amendment and that elects not to |
| 8507 | continue development-of-regional-impact review is exempt from |
| 8508 | the limitation on plan amendments set forth in s. 163.3187(1) |
| 8509 | for the year following the effective date of the exemption. |
| 8510 | Section 56. Subsection (3) and paragraph (a) of subsection |
| 8511 | (4) of section 380.0651, Florida Statutes, are amended to read: |
| 8512 | 380.0651 Statewide guidelines and standards.- |
| 8513 | (3) The following statewide guidelines and standards shall |
| 8514 | be applied in the manner described in s. 380.06(2) to determine |
| 8515 | whether the following developments shall be required to undergo |
| 8516 | development-of-regional-impact review: |
| 8517 | (a) Airports.- |
| 8518 | 1. Any of the following airport construction projects |
| 8519 | shall be a development of regional impact: |
| 8520 | a. A new commercial service or general aviation airport |
| 8521 | with paved runways. |
| 8522 | b. A new commercial service or general aviation paved |
| 8523 | runway. |
| 8524 | c. A new passenger terminal facility. |
| 8525 | 2. Lengthening of an existing runway by 25 percent or an |
| 8526 | increase in the number of gates by 25 percent or three gates, |
| 8527 | whichever is greater, on a commercial service airport or a |
| 8528 | general aviation airport with regularly scheduled flights is a |
| 8529 | development of regional impact. However, expansion of existing |
| 8530 | terminal facilities at a nonhub or small hub commercial service |
| 8531 | airport shall not be a development of regional impact. |
| 8532 | 3. Any airport development project which is proposed for |
| 8533 | safety, repair, or maintenance reasons alone and would not have |
| 8534 | the potential to increase or change existing types of aircraft |
| 8535 | activity is not a development of regional impact. |
| 8536 | Notwithstanding subparagraphs 1. and 2., renovation, |
| 8537 | modernization, or replacement of airport airside or terminal |
| 8538 | facilities that may include increases in square footage of such |
| 8539 | facilities but does not increase the number of gates or change |
| 8540 | the existing types of aircraft activity is not a development of |
| 8541 | regional impact. |
| 8542 | (b) Attractions and recreation facilities.-Any sports, |
| 8543 | entertainment, amusement, or recreation facility, including, but |
| 8544 | not limited to, a sports arena, stadium, racetrack, tourist |
| 8545 | attraction, amusement park, or pari-mutuel facility, the |
| 8546 | construction or expansion of which: |
| 8547 | 1. For single performance facilities: |
| 8548 | a. Provides parking spaces for more than 2,500 cars; or |
| 8549 | b. Provides more than 10,000 permanent seats for |
| 8550 | spectators. |
| 8551 | 2. For serial performance facilities: |
| 8552 | a. Provides parking spaces for more than 1,000 cars; or |
| 8553 | b. Provides more than 4,000 permanent seats for |
| 8554 | spectators. |
| 8555 |
|
| 8556 | For purposes of this subsection, "serial performance facilities" |
| 8557 | means those using their parking areas or permanent seating more |
| 8558 | than one time per day on a regular or continuous basis. |
| 8559 | 3. For multiscreen movie theaters of at least 8 screens |
| 8560 | and 2,500 seats: |
| 8561 | a. Provides parking spaces for more than 1,500 cars; or |
| 8562 | b. Provides more than 6,000 permanent seats for |
| 8563 | spectators. |
| 8564 | (c) Industrial plants, industrial parks, and distribution, |
| 8565 | warehousing or wholesaling facilities.-Any proposed industrial, |
| 8566 | manufacturing, or processing plant, or distribution, |
| 8567 | warehousing, or wholesaling facility, excluding wholesaling |
| 8568 | developments which deal primarily with the general public |
| 8569 | onsite, under common ownership, or any proposed industrial, |
| 8570 | manufacturing, or processing activity or distribution, |
| 8571 | warehousing, or wholesaling activity, excluding wholesaling |
| 8572 | activities which deal primarily with the general public onsite, |
| 8573 | which: |
| 8574 | 1. Provides parking for more than 2,500 motor vehicles; or |
| 8575 | 2. Occupies a site greater than 320 acres. |
| 8576 | (c)(d) Office development.-Any proposed office building or |
| 8577 | park operated under common ownership, development plan, or |
| 8578 | management that: |
| 8579 | 1. Encompasses 300,000 or more square feet of gross floor |
| 8580 | area; or |
| 8581 | 2. Encompasses more than 600,000 square feet of gross |
| 8582 | floor area in a county with a population greater than 500,000 |
| 8583 | and only in a geographic area specifically designated as highly |
| 8584 | suitable for increased threshold intensity in the approved local |
| 8585 | comprehensive plan. |
| 8586 | (d)(e) Retail and service development.-Any proposed |
| 8587 | retail, service, or wholesale business establishment or group of |
| 8588 | establishments which deals primarily with the general public |
| 8589 | onsite, operated under one common property ownership, |
| 8590 | development plan, or management that: |
| 8591 | 1. Encompasses more than 400,000 square feet of gross |
| 8592 | area; or |
| 8593 | 2. Provides parking spaces for more than 2,500 cars. |
| 8594 | (f) Hotel or motel development.- |
| 8595 | 1. Any proposed hotel or motel development that is planned |
| 8596 | to create or accommodate 350 or more units; or |
| 8597 | 2. Any proposed hotel or motel development that is planned |
| 8598 | to create or accommodate 750 or more units, in a county with a |
| 8599 | population greater than 500,000. |
| 8600 | (e)(g) Recreational vehicle development.-Any proposed |
| 8601 | recreational vehicle development planned to create or |
| 8602 | accommodate 500 or more spaces. |
| 8603 | (f)(h) Multiuse development.-Any proposed development with |
| 8604 | two or more land uses where the sum of the percentages of the |
| 8605 | appropriate thresholds identified in chapter 28-24, Florida |
| 8606 | Administrative Code, or this section for each land use in the |
| 8607 | development is equal to or greater than 145 percent. Any |
| 8608 | proposed development with three or more land uses, one of which |
| 8609 | is residential and contains at least 100 dwelling units or 15 |
| 8610 | percent of the applicable residential threshold, whichever is |
| 8611 | greater, where the sum of the percentages of the appropriate |
| 8612 | thresholds identified in chapter 28-24, Florida Administrative |
| 8613 | Code, or this section for each land use in the development is |
| 8614 | equal to or greater than 160 percent. This threshold is in |
| 8615 | addition to, and does not preclude, a development from being |
| 8616 | required to undergo development-of-regional-impact review under |
| 8617 | any other threshold. |
| 8618 | (g)(i) Residential development.-No rule may be adopted |
| 8619 | concerning residential developments which treats a residential |
| 8620 | development in one county as being located in a less populated |
| 8621 | adjacent county unless more than 25 percent of the development |
| 8622 | is located within 2 or less miles of the less populated adjacent |
| 8623 | county. The residential thresholds of adjacent counties with |
| 8624 | less population and a lower threshold shall not be controlling |
| 8625 | on any development wholly located within areas designated as |
| 8626 | rural areas of critical economic concern. |
| 8627 | (h)(j) Workforce housing.-The applicable guidelines for |
| 8628 | residential development and the residential component for |
| 8629 | multiuse development shall be increased by 50 percent where the |
| 8630 | developer demonstrates that at least 15 percent of the total |
| 8631 | residential dwelling units authorized within the development of |
| 8632 | regional impact will be dedicated to affordable workforce |
| 8633 | housing, subject to a recorded land use restriction that shall |
| 8634 | be for a period of not less than 20 years and that includes |
| 8635 | resale provisions to ensure long-term affordability for income- |
| 8636 | eligible homeowners and renters and provisions for the workforce |
| 8637 | housing to be commenced prior to the completion of 50 percent of |
| 8638 | the market rate dwelling. For purposes of this paragraph, the |
| 8639 | term "affordable workforce housing" means housing that is |
| 8640 | affordable to a person who earns less than 120 percent of the |
| 8641 | area median income, or less than 140 percent of the area median |
| 8642 | income if located in a county in which the median purchase price |
| 8643 | for a single-family existing home exceeds the statewide median |
| 8644 | purchase price of a single-family existing home. For the |
| 8645 | purposes of this paragraph, the term "statewide median purchase |
| 8646 | price of a single-family existing home" means the statewide |
| 8647 | purchase price as determined in the Florida Sales Report, |
| 8648 | Single-Family Existing Homes, released each January by the |
| 8649 | Florida Association of Realtors and the University of Florida |
| 8650 | Real Estate Research Center. |
| 8651 | (i)(k) Schools.- |
| 8652 | 1. The proposed construction of any public, private, or |
| 8653 | proprietary postsecondary educational campus which provides for |
| 8654 | a design population of more than 5,000 full-time equivalent |
| 8655 | students, or the proposed physical expansion of any public, |
| 8656 | private, or proprietary postsecondary educational campus having |
| 8657 | such a design population that would increase the population by |
| 8658 | at least 20 percent of the design population. |
| 8659 | 2. As used in this paragraph, "full-time equivalent |
| 8660 | student" means enrollment for 15 or more quarter hours during a |
| 8661 | single academic semester. In career centers or other |
| 8662 | institutions which do not employ semester hours or quarter hours |
| 8663 | in accounting for student participation, enrollment for 18 |
| 8664 | contact hours shall be considered equivalent to one quarter |
| 8665 | hour, and enrollment for 27 contact hours shall be considered |
| 8666 | equivalent to one semester hour. |
| 8667 | 3. This paragraph does not apply to institutions which are |
| 8668 | the subject of a campus master plan adopted by the university |
| 8669 | board of trustees pursuant to s. 1013.30. |
| 8670 | (4) Two or more developments, represented by their owners |
| 8671 | or developers to be separate developments, shall be aggregated |
| 8672 | and treated as a single development under this chapter when they |
| 8673 | are determined to be part of a unified plan of development and |
| 8674 | are physically proximate to one other. |
| 8675 | (a) The criteria of three two of the following |
| 8676 | subparagraphs must be met in order for the state land planning |
| 8677 | agency to determine that there is a unified plan of development: |
| 8678 | 1.a. The same person has retained or shared control of the |
| 8679 | developments; |
| 8680 | b. The same person has ownership or a significant legal or |
| 8681 | equitable interest in the developments; or |
| 8682 | c. There is common management of the developments |
| 8683 | controlling the form of physical development or disposition of |
| 8684 | parcels of the development. |
| 8685 | 2. There is a reasonable closeness in time between the |
| 8686 | completion of 80 percent or less of one development and the |
| 8687 | submission to a governmental agency of a master plan or series |
| 8688 | of plans or drawings for the other development which is |
| 8689 | indicative of a common development effort. |
| 8690 | 3. A master plan or series of plans or drawings exists |
| 8691 | covering the developments sought to be aggregated which have |
| 8692 | been submitted to a local general-purpose government, water |
| 8693 | management district, the Florida Department of Environmental |
| 8694 | Protection, or the Division of Florida Condominiums, Timeshares, |
| 8695 | and Mobile Homes for authorization to commence development. The |
| 8696 | existence or implementation of a utility's master utility plan |
| 8697 | required by the Public Service Commission or general-purpose |
| 8698 | local government or a master drainage plan shall not be the sole |
| 8699 | determinant of the existence of a master plan. |
| 8700 | 4. The voluntary sharing of infrastructure that is |
| 8701 | indicative of a common development effort or is designated |
| 8702 | specifically to accommodate the developments sought to be |
| 8703 | aggregated, except that which was implemented because it was |
| 8704 | required by a local general-purpose government; water management |
| 8705 | district; the Department of Environmental Protection; the |
| 8706 | Division of Florida Condominiums, Timeshares, and Mobile Homes; |
| 8707 | or the Public Service Commission. |
| 8708 | 4.5. There is a common advertising scheme or promotional |
| 8709 | plan in effect for the developments sought to be aggregated. |
| 8710 | Section 57. Subsection (17) of section 331.303, Florida |
| 8711 | Statutes, is amended to read: |
| 8712 | 331.303 Definitions.- |
| 8713 | (17) "Spaceport launch facilities" means industrial |
| 8714 | facilities as described in s. 380.0651(3)(c), Florida Statutes |
| 8715 | 2010, and include any launch pad, launch control center, and |
| 8716 | fixed launch-support equipment. |
| 8717 | Section 58. Subsection (1) of section 380.115, Florida |
| 8718 | Statutes, is amended to read: |
| 8719 | 380.115 Vested rights and duties; effect of size |
| 8720 | reduction, changes in guidelines and standards.- |
| 8721 | (1) A change in a development-of-regional-impact guideline |
| 8722 | and standard does not abridge or modify any vested or other |
| 8723 | right or any duty or obligation pursuant to any development |
| 8724 | order or agreement that is applicable to a development of |
| 8725 | regional impact. A development that has received a development- |
| 8726 | of-regional-impact development order pursuant to s. 380.06, but |
| 8727 | is no longer required to undergo development-of-regional-impact |
| 8728 | review by operation of a change in the guidelines and standards |
| 8729 | or has reduced its size below the thresholds in s. 380.0651, or |
| 8730 | a development that is exempt pursuant to s. 380.06(29) shall be |
| 8731 | governed by the following procedures: |
| 8732 | (a) The development shall continue to be governed by the |
| 8733 | development-of-regional-impact development order and may be |
| 8734 | completed in reliance upon and pursuant to the development order |
| 8735 | unless the developer or landowner has followed the procedures |
| 8736 | for rescission in paragraph (b). Any proposed changes to those |
| 8737 | developments which continue to be governed by a development |
| 8738 | order shall be approved pursuant to s. 380.06(19) as it existed |
| 8739 | prior to a change in the development-of-regional-impact |
| 8740 | guidelines and standards, except that all percentage criteria |
| 8741 | shall be doubled and all other criteria shall be increased by 10 |
| 8742 | percent. The development-of-regional-impact development order |
| 8743 | may be enforced by the local government as provided by ss. |
| 8744 | 380.06(17) and 380.11. |
| 8745 | (b) If requested by the developer or landowner, the |
| 8746 | development-of-regional-impact development order shall be |
| 8747 | rescinded by the local government having jurisdiction upon a |
| 8748 | showing that all required mitigation related to the amount of |
| 8749 | development that existed on the date of rescission has been |
| 8750 | completed. |
| 8751 | Section 59. Paragraph (a) of subsection (8) of section |
| 8752 | 380.061, Florida Statutes, is amended to read: |
| 8753 | 380.061 The Florida Quality Developments program.- |
| 8754 | (8)(a) Any local government comprehensive plan amendments |
| 8755 | related to a Florida Quality Development may be initiated by a |
| 8756 | local planning agency and considered by the local governing body |
| 8757 | at the same time as the application for development approval, |
| 8758 | using the procedures provided for local plan amendment in s. |
| 8759 | 163.3187 or s. 163.3189 and applicable local ordinances, without |
| 8760 | regard to statutory or local ordinance limits on the frequency |
| 8761 | of consideration of amendments to the local comprehensive plan. |
| 8762 | Nothing in this subsection shall be construed to require |
| 8763 | favorable consideration of a Florida Quality Development solely |
| 8764 | because it is related to a development of regional impact. |
| 8765 | Section 60. Paragraph (a) of subsection (2) and subsection |
| 8766 | (10) of section 380.065, Florida Statutes, are amended to read: |
| 8767 | 380.065 Certification of local government review of |
| 8768 | development.- |
| 8769 | (2) When a petition is filed, the state land planning |
| 8770 | agency shall have no more than 90 days to prepare and submit to |
| 8771 | the Administration Commission a report and recommendations on |
| 8772 | the proposed certification. In deciding whether to grant |
| 8773 | certification, the Administration Commission shall determine |
| 8774 | whether the following criteria are being met: |
| 8775 | (a) The petitioning local government has adopted and |
| 8776 | effectively implemented a local comprehensive plan and |
| 8777 | development regulations which comply with ss. 163.3161-163.3215, |
| 8778 | the Community Local Government Comprehensive Planning and Land |
| 8779 | Development Regulation Act. |
| 8780 | (10) The department shall submit an annual progress report |
| 8781 | to the President of the Senate and the Speaker of the House of |
| 8782 | Representatives by March 1 on the certification of local |
| 8783 | governments, stating which local governments have been |
| 8784 | certified. For those local governments which have applied for |
| 8785 | certification but for which certification has been denied, the |
| 8786 | department shall specify the reasons certification was denied. |
| 8787 | Section 61. Section 380.0685, Florida Statutes, is amended |
| 8788 | to read: |
| 8789 | 380.0685 State park in area of critical state concern in |
| 8790 | county which creates land authority; surcharge on admission and |
| 8791 | overnight occupancy.-The Department of Environmental Protection |
| 8792 | shall impose and collect a surcharge of 50 cents per person per |
| 8793 | day, or $5 per annual family auto entrance permit, on admission |
| 8794 | to all state parks in areas of critical state concern located in |
| 8795 | a county which creates a land authority pursuant to s. |
| 8796 | 380.0663(1), and a surcharge of $2.50 per night per campsite, |
| 8797 | cabin, or other overnight recreational occupancy unit in state |
| 8798 | parks in areas of critical state concern located in a county |
| 8799 | which creates a land authority pursuant to s. 380.0663(1); |
| 8800 | however, no surcharge shall be imposed or collected under this |
| 8801 | section for overnight use by nonprofit groups of organized group |
| 8802 | camps, primitive camping areas, or other facilities intended |
| 8803 | primarily for organized group use. Such surcharges shall be |
| 8804 | imposed within 90 days after any county creating a land |
| 8805 | authority notifies the Department of Environmental Protection |
| 8806 | that the land authority has been created. The proceeds from such |
| 8807 | surcharges, less a collection fee that shall be kept by the |
| 8808 | Department of Environmental Protection for the actual cost of |
| 8809 | collection, not to exceed 2 percent, shall be transmitted to the |
| 8810 | land authority of the county from which the revenue was |
| 8811 | generated. Such funds shall be used to purchase property in the |
| 8812 | area or areas of critical state concern in the county from which |
| 8813 | the revenue was generated. An amount not to exceed 10 percent |
| 8814 | may be used for administration and other costs incident to such |
| 8815 | purchases. However, the proceeds of the surcharges imposed and |
| 8816 | collected pursuant to this section in a state park or parks |
| 8817 | located wholly within a municipality, less the costs of |
| 8818 | collection as provided herein, shall be transmitted to that |
| 8819 | municipality for use by the municipality for land acquisition or |
| 8820 | for beach renourishment or restoration, including, but not |
| 8821 | limited to, costs associated with any design, permitting, |
| 8822 | monitoring, and mitigation of such work, as well as the work |
| 8823 | itself. However, these funds may not be included in any |
| 8824 | calculation used for providing state matching funds for local |
| 8825 | contributions for beach renourishment or restoration. The |
| 8826 | surcharges levied under this section shall remain imposed as |
| 8827 | long as the land authority is in existence. |
| 8828 | Section 62. Subsection (3) of section 380.115, Florida |
| 8829 | Statutes, is amended to read: |
| 8830 | 380.115 Vested rights and duties; effect of size |
| 8831 | reduction, changes in guidelines and standards.- |
| 8832 | (3) A landowner that has filed an application for a |
| 8833 | development-of-regional-impact review prior to the adoption of a |
| 8834 | an optional sector plan pursuant to s. 163.3245 may elect to |
| 8835 | have the application reviewed pursuant to s. 380.06, |
| 8836 | comprehensive plan provisions in force prior to adoption of the |
| 8837 | sector plan, and any requested comprehensive plan amendments |
| 8838 | that accompany the application. |
| 8839 | Section 63. Subsection (1) of section 403.50665, Florida |
| 8840 | Statutes, is amended to read: |
| 8841 | 403.50665 Land use consistency.- |
| 8842 | (1) The applicant shall include in the application a |
| 8843 | statement on the consistency of the site and any associated |
| 8844 | facilities that constitute a "development," as defined in s. |
| 8845 | 380.04, with existing land use plans and zoning ordinances that |
| 8846 | were in effect on the date the application was filed and a full |
| 8847 | description of such consistency. This information shall include |
| 8848 | an identification of those associated facilities that the |
| 8849 | applicant believes are exempt from the requirements of land use |
| 8850 | plans and zoning ordinances under the provisions of the |
| 8851 | Community Local Government Comprehensive Planning and Land |
| 8852 | Development Regulation Act provisions of chapter 163 and s. |
| 8853 | 380.04(3). |
| 8854 | Section 64. Subsection (13) and paragraph (a) of |
| 8855 | subsection (14) of section 403.973, Florida Statutes, are |
| 8856 | amended to read: |
| 8857 | 403.973 Expedited permitting; amendments to comprehensive |
| 8858 | plans.- |
| 8859 | (13) Notwithstanding any other provisions of law: |
| 8860 | (a) Local comprehensive plan amendments for projects |
| 8861 | qualified under this section are exempt from the twice-a-year |
| 8862 | limits provision in s. 163.3187; and |
| 8863 | (b) Projects qualified under this section are not subject |
| 8864 | to interstate highway level-of-service standards adopted by the |
| 8865 | Department of Transportation for concurrency purposes. The |
| 8866 | memorandum of agreement specified in subsection (5) must include |
| 8867 | a process by which the applicant will be assessed a fair share |
| 8868 | of the cost of mitigating the project's significant traffic |
| 8869 | impacts, as defined in chapter 380 and related rules. The |
| 8870 | agreement must also specify whether the significant traffic |
| 8871 | impacts on the interstate system will be mitigated through the |
| 8872 | implementation of a project or payment of funds to the |
| 8873 | Department of Transportation. Where funds are paid, the |
| 8874 | Department of Transportation must include in the 5-year work |
| 8875 | program transportation projects or project phases, in an amount |
| 8876 | equal to the funds received, to mitigate the traffic impacts |
| 8877 | associated with the proposed project. |
| 8878 | (14)(a) Challenges to state agency action in the expedited |
| 8879 | permitting process for projects processed under this section are |
| 8880 | subject to the summary hearing provisions of s. 120.574, except |
| 8881 | that the administrative law judge's decision, as provided in s. |
| 8882 | 120.574(2)(f), shall be in the form of a recommended order and |
| 8883 | do shall not constitute the final action of the state agency. In |
| 8884 | those proceedings where the action of only one agency of the |
| 8885 | state other than the Department of Environmental Protection is |
| 8886 | challenged, the agency of the state shall issue the final order |
| 8887 | within 45 working days after receipt of the administrative law |
| 8888 | judge's recommended order, and the recommended order shall |
| 8889 | inform the parties of their right to file exceptions or |
| 8890 | responses to the recommended order in accordance with the |
| 8891 | uniform rules of procedure pursuant to s. 120.54. In those |
| 8892 | proceedings where the actions of more than one agency of the |
| 8893 | state are challenged, the Governor shall issue the final order |
| 8894 | within 45 working days after receipt of the administrative law |
| 8895 | judge's recommended order, and the recommended order shall |
| 8896 | inform the parties of their right to file exceptions or |
| 8897 | responses to the recommended order in accordance with the |
| 8898 | uniform rules of procedure pursuant to s. 120.54. This paragraph |
| 8899 | does not apply to the issuance of department licenses required |
| 8900 | under any federally delegated or approved permit program. In |
| 8901 | such instances, the department shall enter the final order. The |
| 8902 | participating agencies of the state may opt at the preliminary |
| 8903 | hearing conference to allow the administrative law judge's |
| 8904 | decision to constitute the final agency action. If a |
| 8905 | participating local government agrees to participate in the |
| 8906 | summary hearing provisions of s. 120.574 for purposes of review |
| 8907 | of local government comprehensive plan amendments, s. |
| 8908 | 163.3184(9) and (10) apply. |
| 8909 | Section 65. Subsections (9) and (10) of section 420.5095, |
| 8910 | Florida Statutes, are amended to read: |
| 8911 | 420.5095 Community Workforce Housing Innovation Pilot |
| 8912 | Program.- |
| 8913 | (9) Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any |
| 8914 | local government comprehensive plan amendment to implement a |
| 8915 | Community Workforce Housing Innovation Pilot Program project |
| 8916 | found consistent with the provisions of this section shall be |
| 8917 | expedited as provided in this subsection. At least 30 days prior |
| 8918 | to adopting a plan amendment under this subsection, the local |
| 8919 | government shall notify the state land planning agency of its |
| 8920 | intent to adopt such an amendment, and the notice shall include |
| 8921 | its evaluation related to site suitability and availability of |
| 8922 | facilities and services. The public notice of the hearing |
| 8923 | required by s. 163.3184(11)(15)(b)2. shall include a statement |
| 8924 | that the local government intends to use the expedited adoption |
| 8925 | process authorized by this subsection. Such amendments shall |
| 8926 | require only a single public hearing before the governing board, |
| 8927 | which shall be an adoption hearing as described in s. |
| 8928 | 163.3184(4)(e)(7). The state land planning agency shall issue |
| 8929 | its notice of intent pursuant to s. 163.3184(8) within 30 days |
| 8930 | after determining that the amendment package is complete. Any |
| 8931 | further proceedings shall be governed by s. ss. 163.3184(5)- |
| 8932 | (13)(9)-(16). Amendments proposed under this section are not |
| 8933 | subject to s. 163.3187(1), which limits the adoption of a |
| 8934 | comprehensive plan amendment to no more than two times during |
| 8935 | any calendar year. |
| 8936 | (10) The processing of approvals of development orders or |
| 8937 | development permits, as defined in s. 163.3164(7) and (8), for |
| 8938 | innovative community workforce housing projects shall be |
| 8939 | expedited. |
| 8940 | Section 66. Subsection (5) of section 420.615, Florida |
| 8941 | Statutes, is amended to read: |
| 8942 | 420.615 Affordable housing land donation density bonus |
| 8943 | incentives.- |
| 8944 | (5) The local government, as part of the approval process, |
| 8945 | shall adopt a comprehensive plan amendment, pursuant to part II |
| 8946 | of chapter 163, for the receiving land that incorporates the |
| 8947 | density bonus. Such amendment shall be adopted in the manner as |
| 8948 | required for small-scale amendments pursuant to s. 163.3187, is |
| 8949 | not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6), |
| 8950 | and is exempt from the limitation on the frequency of plan |
| 8951 | amendments as provided in s. 163.3187. |
| 8952 | Section 67. Subsection (16) of section 420.9071, Florida |
| 8953 | Statutes, is amended to read: |
| 8954 | 420.9071 Definitions.-As used in ss. 420.907-420.9079, the |
| 8955 | term: |
| 8956 | (16) "Local housing incentive strategies" means local |
| 8957 | regulatory reform or incentive programs to encourage or |
| 8958 | facilitate affordable housing production, which include at a |
| 8959 | minimum, assurance that permits as defined in s. 163.3164(7) and |
| 8960 | (8) for affordable housing projects are expedited to a greater |
| 8961 | degree than other projects; an ongoing process for review of |
| 8962 | local policies, ordinances, regulations, and plan provisions |
| 8963 | that increase the cost of housing prior to their adoption; and a |
| 8964 | schedule for implementing the incentive strategies. Local |
| 8965 | housing incentive strategies may also include other regulatory |
| 8966 | reforms, such as those enumerated in s. 420.9076 or those |
| 8967 | recommended by the affordable housing advisory committee in its |
| 8968 | triennial evaluation of the implementation of affordable housing |
| 8969 | incentives, and adopted by the local governing body. |
| 8970 | Section 68. Paragraph (a) of subsection (4) of section |
| 8971 | 420.9076, Florida Statutes, is amended to read: |
| 8972 | 420.9076 Adoption of affordable housing incentive |
| 8973 | strategies; committees.- |
| 8974 | (4) Triennially, the advisory committee shall review the |
| 8975 | established policies and procedures, ordinances, land |
| 8976 | development regulations, and adopted local government |
| 8977 | comprehensive plan of the appointing local government and shall |
| 8978 | recommend specific actions or initiatives to encourage or |
| 8979 | facilitate affordable housing while protecting the ability of |
| 8980 | the property to appreciate in value. The recommendations may |
| 8981 | include the modification or repeal of existing policies, |
| 8982 | procedures, ordinances, regulations, or plan provisions; the |
| 8983 | creation of exceptions applicable to affordable housing; or the |
| 8984 | adoption of new policies, procedures, regulations, ordinances, |
| 8985 | or plan provisions, including recommendations to amend the local |
| 8986 | government comprehensive plan and corresponding regulations, |
| 8987 | ordinances, and other policies. At a minimum, each advisory |
| 8988 | committee shall submit a report to the local governing body that |
| 8989 | includes recommendations on, and triennially thereafter |
| 8990 | evaluates the implementation of, affordable housing incentives |
| 8991 | in the following areas: |
| 8992 | (a) The processing of approvals of development orders or |
| 8993 | permits, as defined in s. 163.3164(7) and (8), for affordable |
| 8994 | housing projects is expedited to a greater degree than other |
| 8995 | projects. |
| 8996 |
|
| 8997 | The advisory committee recommendations may also include other |
| 8998 | affordable housing incentives identified by the advisory |
| 8999 | committee. Local governments that receive the minimum allocation |
| 9000 | under the State Housing Initiatives Partnership Program shall |
| 9001 | perform the initial review but may elect to not perform the |
| 9002 | triennial review. |
| 9003 | Section 69. Subsection (1) of section 720.403, Florida |
| 9004 | Statutes, is amended to read: |
| 9005 | 720.403 Preservation of residential communities; revival |
| 9006 | of declaration of covenants.- |
| 9007 | (1) Consistent with required and optional elements of |
| 9008 | local comprehensive plans and other applicable provisions of the |
| 9009 | Community Local Government Comprehensive Planning and Land |
| 9010 | Development Regulation Act, homeowners are encouraged to |
| 9011 | preserve existing residential communities, promote available and |
| 9012 | affordable housing, protect structural and aesthetic elements of |
| 9013 | their residential community, and, as applicable, maintain roads |
| 9014 | and streets, easements, water and sewer systems, utilities, |
| 9015 | drainage improvements, conservation and open areas, recreational |
| 9016 | amenities, and other infrastructure and common areas that serve |
| 9017 | and support the residential community by the revival of a |
| 9018 | previous declaration of covenants and other governing documents |
| 9019 | that may have ceased to govern some or all parcels in the |
| 9020 | community. |
| 9021 | Section 70. Subsection (6) of section 1013.30, Florida |
| 9022 | Statutes, is amended to read: |
| 9023 | 1013.30 University campus master plans and campus |
| 9024 | development agreements.- |
| 9025 | (6) Before a campus master plan is adopted, a copy of the |
| 9026 | draft master plan must be sent for review or made available |
| 9027 | electronically to the host and any affected local governments, |
| 9028 | the state land planning agency, the Department of Environmental |
| 9029 | Protection, the Department of Transportation, the Department of |
| 9030 | State, the Fish and Wildlife Conservation Commission, and the |
| 9031 | applicable water management district and regional planning |
| 9032 | council. At the request of a governmental entity, a hard copy of |
| 9033 | the draft master plan shall be submitted within 7 business days |
| 9034 | of an electronic copy being made available. These agencies must |
| 9035 | be given 90 days after receipt of the campus master plans in |
| 9036 | which to conduct their review and provide comments to the |
| 9037 | university board of trustees. The commencement of this review |
| 9038 | period must be advertised in newspapers of general circulation |
| 9039 | within the host local government and any affected local |
| 9040 | government to allow for public comment. Following receipt and |
| 9041 | consideration of all comments and the holding of an informal |
| 9042 | information session and at least two public hearings within the |
| 9043 | host jurisdiction, the university board of trustees shall adopt |
| 9044 | the campus master plan. It is the intent of the Legislature that |
| 9045 | the university board of trustees comply with the notice |
| 9046 | requirements set forth in s. 163.3184(11)(15) to ensure full |
| 9047 | public participation in this planning process. The informal |
| 9048 | public information session must be held before the first public |
| 9049 | hearing. The first public hearing shall be held before the draft |
| 9050 | master plan is sent to the agencies specified in this |
| 9051 | subsection. The second public hearing shall be held in |
| 9052 | conjunction with the adoption of the draft master plan by the |
| 9053 | university board of trustees. Campus master plans developed |
| 9054 | under this section are not rules and are not subject to chapter |
| 9055 | 120 except as otherwise provided in this section. |
| 9056 | Section 71. Section 1013.33, Florida Statutes, are amended |
| 9057 | to read: |
| 9058 | 1013.33 Coordination of planning with local governing |
| 9059 | bodies.- |
| 9060 | (1) It is the policy of this state to require the |
| 9061 | coordination of planning between boards and local governing |
| 9062 | bodies to ensure that plans for the construction and opening of |
| 9063 | public educational facilities are facilitated and coordinated in |
| 9064 | time and place with plans for residential development, |
| 9065 | concurrently with other necessary services. Such planning shall |
| 9066 | include the integration of the educational facilities plan and |
| 9067 | applicable policies and procedures of a board with the local |
| 9068 | comprehensive plan and land development regulations of local |
| 9069 | governments. The planning must include the consideration of |
| 9070 | allowing students to attend the school located nearest their |
| 9071 | homes when a new housing development is constructed near a |
| 9072 | county boundary and it is more feasible to transport the |
| 9073 | students a short distance to an existing facility in an adjacent |
| 9074 | county than to construct a new facility or transport students |
| 9075 | longer distances in their county of residence. The planning must |
| 9076 | also consider the effects of the location of public education |
| 9077 | facilities, including the feasibility of keeping central city |
| 9078 | facilities viable, in order to encourage central city |
| 9079 | redevelopment and the efficient use of infrastructure and to |
| 9080 | discourage uncontrolled urban sprawl. In addition, all parties |
| 9081 | to the planning process must consult with state and local road |
| 9082 | departments to assist in implementing the Safe Paths to Schools |
| 9083 | program administered by the Department of Transportation. |
| 9084 | (2)(a) The school board, county, and nonexempt |
| 9085 | municipalities located within the geographic area of a school |
| 9086 | district shall enter into an interlocal agreement that jointly |
| 9087 | establishes the specific ways in which the plans and processes |
| 9088 | of the district school board and the local governments are to be |
| 9089 | coordinated. The interlocal agreements shall be submitted to the |
| 9090 | state land planning agency and the Office of Educational |
| 9091 | Facilities in accordance with a schedule published by the state |
| 9092 | land planning agency. |
| 9093 | (b) The schedule must establish staggered due dates for |
| 9094 | submission of interlocal agreements that are executed by both |
| 9095 | the local government and district school board, commencing on |
| 9096 | March 1, 2003, and concluding by December 1, 2004, and must set |
| 9097 | the same date for all governmental entities within a school |
| 9098 | district. However, if the county where the school district is |
| 9099 | located contains more than 20 municipalities, the state land |
| 9100 | planning agency may establish staggered due dates for the |
| 9101 | submission of interlocal agreements by these municipalities. The |
| 9102 | schedule must begin with those areas where both the number of |
| 9103 | districtwide capital-outlay full-time-equivalent students equals |
| 9104 | 80 percent or more of the current year's school capacity and the |
| 9105 | projected 5-year student growth rate is 1,000 or greater, or |
| 9106 | where the projected 5-year student growth rate is 10 percent or |
| 9107 | greater. |
| 9108 | (c) If the student population has declined over the 5-year |
| 9109 | period preceding the due date for submittal of an interlocal |
| 9110 | agreement by the local government and the district school board, |
| 9111 | the local government and district school board may petition the |
| 9112 | state land planning agency for a waiver of one or more of the |
| 9113 | requirements of subsection (3). The waiver must be granted if |
| 9114 | the procedures called for in subsection (3) are unnecessary |
| 9115 | because of the school district's declining school age |
| 9116 | population, considering the district's 5-year work program |
| 9117 | prepared pursuant to s. 1013.35. The state land planning agency |
| 9118 | may modify or revoke the waiver upon a finding that the |
| 9119 | conditions upon which the waiver was granted no longer exist. |
| 9120 | The district school board and local governments must submit an |
| 9121 | interlocal agreement within 1 year after notification by the |
| 9122 | state land planning agency that the conditions for a waiver no |
| 9123 | longer exist. |
| 9124 | (d) Interlocal agreements between local governments and |
| 9125 | district school boards adopted pursuant to s. 163.3177 before |
| 9126 | the effective date of subsections (2)-(7) (2)-(9) must be |
| 9127 | updated and executed pursuant to the requirements of subsections |
| 9128 | (2)-(7) (2)-(9), if necessary. Amendments to interlocal |
| 9129 | agreements adopted pursuant to subsections (2)-(7) (2)-(9) must |
| 9130 | be submitted to the state land planning agency within 30 days |
| 9131 | after execution by the parties for review consistent with |
| 9132 | subsections (3) and (4). Local governments and the district |
| 9133 | school board in each school district are encouraged to adopt a |
| 9134 | single interlocal agreement in which all join as parties. The |
| 9135 | state land planning agency shall assemble and make available |
| 9136 | model interlocal agreements meeting the requirements of |
| 9137 | subsections (2)-(7) (2)-(9) and shall notify local governments |
| 9138 | and, jointly with the Department of Education, the district |
| 9139 | school boards of the requirements of subsections (2)-(7) (2)- |
| 9140 | (9), the dates for compliance, and the sanctions for |
| 9141 | noncompliance. The state land planning agency shall be available |
| 9142 | to informally review proposed interlocal agreements. If the |
| 9143 | state land planning agency has not received a proposed |
| 9144 | interlocal agreement for informal review, the state land |
| 9145 | planning agency shall, at least 60 days before the deadline for |
| 9146 | submission of the executed agreement, renotify the local |
| 9147 | government and the district school board of the upcoming |
| 9148 | deadline and the potential for sanctions. |
| 9149 | (3) At a minimum, the interlocal agreement must address |
| 9150 | interlocal agreement requirements in s. 163.31777 and, if |
| 9151 | applicable, s. 163.3180(6)(13)(g), except for exempt local |
| 9152 | governments as provided in s. 163.3177(12), and must address the |
| 9153 | following issues: |
| 9154 | (a) A process by which each local government and the |
| 9155 | district school board agree and base their plans on consistent |
| 9156 | projections of the amount, type, and distribution of population |
| 9157 | growth and student enrollment. The geographic distribution of |
| 9158 | jurisdiction-wide growth forecasts is a major objective of the |
| 9159 | process. |
| 9160 | (b) A process to coordinate and share information relating |
| 9161 | to existing and planned public school facilities, including |
| 9162 | school renovations and closures, and local government plans for |
| 9163 | development and redevelopment. |
| 9164 | (c) Participation by affected local governments with the |
| 9165 | district school board in the process of evaluating potential |
| 9166 | school closures, significant renovations to existing schools, |
| 9167 | and new school site selection before land acquisition. Local |
| 9168 | governments shall advise the district school board as to the |
| 9169 | consistency of the proposed closure, renovation, or new site |
| 9170 | with the local comprehensive plan, including appropriate |
| 9171 | circumstances and criteria under which a district school board |
| 9172 | may request an amendment to the comprehensive plan for school |
| 9173 | siting. |
| 9174 | (d) A process for determining the need for and timing of |
| 9175 | onsite and offsite improvements to support new construction, |
| 9176 | proposed expansion, or redevelopment of existing schools. The |
| 9177 | process shall address identification of the party or parties |
| 9178 | responsible for the improvements. |
| 9179 | (e) A process for the school board to inform the local |
| 9180 | government regarding the effect of comprehensive plan amendments |
| 9181 | on school capacity. The capacity reporting must be consistent |
| 9182 | with laws and rules regarding measurement of school facility |
| 9183 | capacity and must also identify how the district school board |
| 9184 | will meet the public school demand based on the facilities work |
| 9185 | program adopted pursuant to s. 1013.35. |
| 9186 | (f) Participation of the local governments in the |
| 9187 | preparation of the annual update to the school board's 5-year |
| 9188 | district facilities work program and educational plant survey |
| 9189 | prepared pursuant to s. 1013.35. |
| 9190 | (g) A process for determining where and how joint use of |
| 9191 | either school board or local government facilities can be shared |
| 9192 | for mutual benefit and efficiency. |
| 9193 | (h) A procedure for the resolution of disputes between the |
| 9194 | district school board and local governments, which may include |
| 9195 | the dispute resolution processes contained in chapters 164 and |
| 9196 | 186. |
| 9197 | (i) An oversight process, including an opportunity for |
| 9198 | public participation, for the implementation of the interlocal |
| 9199 | agreement. |
| 9200 | (4)(a) The Office of Educational Facilities shall submit |
| 9201 | any comments or concerns regarding the executed interlocal |
| 9202 | agreement to the state land planning agency within 30 days after |
| 9203 | receipt of the executed interlocal agreement. The state land |
| 9204 | planning agency shall review the executed interlocal agreement |
| 9205 | to determine whether it is consistent with the requirements of |
| 9206 | subsection (3), the adopted local government comprehensive plan, |
| 9207 | and other requirements of law. Within 60 days after receipt of |
| 9208 | an executed interlocal agreement, the state land planning agency |
| 9209 | shall publish a notice of intent in the Florida Administrative |
| 9210 | Weekly and shall post a copy of the notice on the agency's |
| 9211 | Internet site. The notice of intent must state that the |
| 9212 | interlocal agreement is consistent or inconsistent with the |
| 9213 | requirements of subsection (3) and this subsection as |
| 9214 | appropriate. |
| 9215 | (b) The state land planning agency's notice is subject to |
| 9216 | challenge under chapter 120; however, an affected person, as |
| 9217 | defined in s. 163.3184(1)(a), has standing to initiate the |
| 9218 | administrative proceeding, and this proceeding is the sole means |
| 9219 | available to challenge the consistency of an interlocal |
| 9220 | agreement required by this section with the criteria contained |
| 9221 | in subsection (3) and this subsection. In order to have |
| 9222 | standing, each person must have submitted oral or written |
| 9223 | comments, recommendations, or objections to the local government |
| 9224 | or the school board before the adoption of the interlocal |
| 9225 | agreement by the district school board and local government. The |
| 9226 | district school board and local governments are parties to any |
| 9227 | such proceeding. In this proceeding, when the state land |
| 9228 | planning agency finds the interlocal agreement to be consistent |
| 9229 | with the criteria in subsection (3) and this subsection, the |
| 9230 | interlocal agreement must be determined to be consistent with |
| 9231 | subsection (3) and this subsection if the local government's and |
| 9232 | school board's determination of consistency is fairly debatable. |
| 9233 | When the state land planning agency finds the interlocal |
| 9234 | agreement to be inconsistent with the requirements of subsection |
| 9235 | (3) and this subsection, the local government's and school |
| 9236 | board's determination of consistency shall be sustained unless |
| 9237 | it is shown by a preponderance of the evidence that the |
| 9238 | interlocal agreement is inconsistent. |
| 9239 | (c) If the state land planning agency enters a final order |
| 9240 | that finds that the interlocal agreement is inconsistent with |
| 9241 | the requirements of subsection (3) or this subsection, the state |
| 9242 | land planning agency shall forward it to the Administration |
| 9243 | Commission, which may impose sanctions against the local |
| 9244 | government pursuant to s. 163.3184(11) and may impose sanctions |
| 9245 | against the district school board by directing the Department of |
| 9246 | Education to withhold an equivalent amount of funds for school |
| 9247 | construction available pursuant to ss. 1013.65, 1013.68, |
| 9248 | 1013.70, and 1013.72. |
| 9249 | (5) If an executed interlocal agreement is not timely |
| 9250 | submitted to the state land planning agency for review, the |
| 9251 | state land planning agency shall, within 15 working days after |
| 9252 | the deadline for submittal, issue to the local government and |
| 9253 | the district school board a notice to show cause why sanctions |
| 9254 | should not be imposed for failure to submit an executed |
| 9255 | interlocal agreement by the deadline established by the agency. |
| 9256 | The agency shall forward the notice and the responses to the |
| 9257 | Administration Commission, which may enter a final order citing |
| 9258 | the failure to comply and imposing sanctions against the local |
| 9259 | government and district school board by directing the |
| 9260 | appropriate agencies to withhold at least 5 percent of state |
| 9261 | funds pursuant to s. 163.3184(11) and by directing the |
| 9262 | Department of Education to withhold from the district school |
| 9263 | board at least 5 percent of funds for school construction |
| 9264 | available pursuant to ss. 1013.65, 1013.68, 1013.70, and |
| 9265 | 1013.72. |
| 9266 | (6) Any local government transmitting a public school |
| 9267 | element to implement school concurrency pursuant to the |
| 9268 | requirements of s. 163.3180 before the effective date of this |
| 9269 | section is not required to amend the element or any interlocal |
| 9270 | agreement to conform with the provisions of subsections (2)-(6) |
| 9271 | (2)-(8) if the element is adopted prior to or within 1 year |
| 9272 | after the effective date of subsections (2)-(6) (2)-(8) and |
| 9273 | remains in effect. |
| 9274 | (7) Except as provided in subsection (8), municipalities |
| 9275 | meeting the exemption criteria in s. 163.3177(12) are exempt |
| 9276 | from the requirements of subsections (2), (3), and (4). |
| 9277 | (8) At the time of the evaluation and appraisal report, |
| 9278 | each exempt municipality shall assess the extent to which it |
| 9279 | continues to meet the criteria for exemption under s. |
| 9280 | 163.3177(12). If the municipality continues to meet these |
| 9281 | criteria, the municipality shall continue to be exempt from the |
| 9282 | interlocal agreement requirement. Each municipality exempt under |
| 9283 | s. 163.3177(12) must comply with the provisions of subsections |
| 9284 | (2)-(8) within 1 year after the district school board proposes, |
| 9285 | in its 5-year district facilities work program, a new school |
| 9286 | within the municipality's jurisdiction. |
| 9287 | (7)(9) A board and the local governing body must share and |
| 9288 | coordinate information related to existing and planned school |
| 9289 | facilities; proposals for development, redevelopment, or |
| 9290 | additional development; and infrastructure required to support |
| 9291 | the school facilities, concurrent with proposed development. A |
| 9292 | school board shall use information produced by the demographic, |
| 9293 | revenue, and education estimating conferences pursuant to s. |
| 9294 | 216.136 when preparing the district educational facilities plan |
| 9295 | pursuant to s. 1013.35, as modified and agreed to by the local |
| 9296 | governments, when provided by interlocal agreement, and the |
| 9297 | Office of Educational Facilities, in consideration of local |
| 9298 | governments' population projections, to ensure that the district |
| 9299 | educational facilities plan not only reflects enrollment |
| 9300 | projections but also considers applicable municipal and county |
| 9301 | growth and development projections. The projections must be |
| 9302 | apportioned geographically with assistance from the local |
| 9303 | governments using local government trend data and the school |
| 9304 | district student enrollment data. A school board is precluded |
| 9305 | from siting a new school in a jurisdiction where the school |
| 9306 | board has failed to provide the annual educational facilities |
| 9307 | plan for the prior year required pursuant to s. 1013.35 unless |
| 9308 | the failure is corrected. |
| 9309 | (8)(10) The location of educational facilities shall be |
| 9310 | consistent with the comprehensive plan of the appropriate local |
| 9311 | governing body developed under part II of chapter 163 and |
| 9312 | consistent with the plan's implementing land development |
| 9313 | regulations. |
| 9314 | (9)(11) To improve coordination relative to potential |
| 9315 | educational facility sites, a board shall provide written notice |
| 9316 | to the local government that has regulatory authority over the |
| 9317 | use of the land consistent with an interlocal agreement entered |
| 9318 | pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior |
| 9319 | to acquiring or leasing property that may be used for a new |
| 9320 | public educational facility. The local government, upon receipt |
| 9321 | of this notice, shall notify the board within 45 days if the |
| 9322 | site proposed for acquisition or lease is consistent with the |
| 9323 | land use categories and policies of the local government's |
| 9324 | comprehensive plan. This preliminary notice does not constitute |
| 9325 | the local government's determination of consistency pursuant to |
| 9326 | subsection (10) (12). |
| 9327 | (10)(12) As early in the design phase as feasible and |
| 9328 | consistent with an interlocal agreement entered pursuant to |
| 9329 | subsections (2)-(6) (2)-(8), but no later than 90 days before |
| 9330 | commencing construction, the district school board shall in |
| 9331 | writing request a determination of consistency with the local |
| 9332 | government's comprehensive plan. The local governing body that |
| 9333 | regulates the use of land shall determine, in writing within 45 |
| 9334 | days after receiving the necessary information and a school |
| 9335 | board's request for a determination, whether a proposed |
| 9336 | educational facility is consistent with the local comprehensive |
| 9337 | plan and consistent with local land development regulations. If |
| 9338 | the determination is affirmative, school construction may |
| 9339 | commence and further local government approvals are not |
| 9340 | required, except as provided in this section. Failure of the |
| 9341 | local governing body to make a determination in writing within |
| 9342 | 90 days after a district school board's request for a |
| 9343 | determination of consistency shall be considered an approval of |
| 9344 | the district school board's application. Campus master plans and |
| 9345 | development agreements must comply with the provisions of ss. |
| 9346 | 1013.30 and 1013.63. |
| 9347 | (11)(13) A local governing body may not deny the site |
| 9348 | applicant based on adequacy of the site plan as it relates |
| 9349 | solely to the needs of the school. If the site is consistent |
| 9350 | with the comprehensive plan's land use policies and categories |
| 9351 | in which public schools are identified as allowable uses, the |
| 9352 | local government may not deny the application but it may impose |
| 9353 | reasonable development standards and conditions in accordance |
| 9354 | with s. 1013.51(1) and consider the site plan and its adequacy |
| 9355 | as it relates to environmental concerns, health, safety and |
| 9356 | welfare, and effects on adjacent property. Standards and |
| 9357 | conditions may not be imposed which conflict with those |
| 9358 | established in this chapter or the Florida Building Code, unless |
| 9359 | mutually agreed and consistent with the interlocal agreement |
| 9360 | required by subsections (2)-(6) (2)-(8). |
| 9361 | (12)(14) This section does not prohibit a local governing |
| 9362 | body and district school board from agreeing and establishing an |
| 9363 | alternative process for reviewing a proposed educational |
| 9364 | facility and site plan, and offsite impacts, pursuant to an |
| 9365 | interlocal agreement adopted in accordance with subsections (2)- |
| 9366 | (6) (2)-(8). |
| 9367 | (13)(15) Existing schools shall be considered consistent |
| 9368 | with the applicable local government comprehensive plan adopted |
| 9369 | under part II of chapter 163. If a board submits an application |
| 9370 | to expand an existing school site, the local governing body may |
| 9371 | impose reasonable development standards and conditions on the |
| 9372 | expansion only, and in a manner consistent with s. 1013.51(1). |
| 9373 | Standards and conditions may not be imposed which conflict with |
| 9374 | those established in this chapter or the Florida Building Code, |
| 9375 | unless mutually agreed. Local government review or approval is |
| 9376 | not required for: |
| 9377 | (a) The placement of temporary or portable classroom |
| 9378 | facilities; or |
| 9379 | (b) Proposed renovation or construction on existing school |
| 9380 | sites, with the exception of construction that changes the |
| 9381 | primary use of a facility, includes stadiums, or results in a |
| 9382 | greater than 5 percent increase in student capacity, or as |
| 9383 | mutually agreed upon, pursuant to an interlocal agreement |
| 9384 | adopted in accordance with subsections (2)-(6)(8). |
| 9385 | Section 72. Paragraph (b) of subsection (2) of section |
| 9386 | 1013.35, Florida Statutes, is amended to read: |
| 9387 | 1013.35 School district educational facilities plan; |
| 9388 | definitions; preparation, adoption, and amendment; long-term |
| 9389 | work programs.- |
| 9390 | (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL |
| 9391 | FACILITIES PLAN.- |
| 9392 | (b) The plan must also include a financially feasible |
| 9393 | district facilities work program for a 5-year period. The work |
| 9394 | program must include: |
| 9395 | 1. A schedule of major repair and renovation projects |
| 9396 | necessary to maintain the educational facilities and ancillary |
| 9397 | facilities of the district. |
| 9398 | 2. A schedule of capital outlay projects necessary to |
| 9399 | ensure the availability of satisfactory student stations for the |
| 9400 | projected student enrollment in K-12 programs. This schedule |
| 9401 | shall consider: |
| 9402 | a. The locations, capacities, and planned utilization |
| 9403 | rates of current educational facilities of the district. The |
| 9404 | capacity of existing satisfactory facilities, as reported in the |
| 9405 | Florida Inventory of School Houses must be compared to the |
| 9406 | capital outlay full-time-equivalent student enrollment as |
| 9407 | determined by the department, including all enrollment used in |
| 9408 | the calculation of the distribution formula in s. 1013.64. |
| 9409 | b. The proposed locations of planned facilities, whether |
| 9410 | those locations are consistent with the comprehensive plans of |
| 9411 | all affected local governments, and recommendations for |
| 9412 | infrastructure and other improvements to land adjacent to |
| 9413 | existing facilities. The provisions of ss. 1013.33(10), (11), |
| 9414 | and (12), (13), and (14) and 1013.36 must be addressed for new |
| 9415 | facilities planned within the first 3 years of the work plan, as |
| 9416 | appropriate. |
| 9417 | c. Plans for the use and location of relocatable |
| 9418 | facilities, leased facilities, and charter school facilities. |
| 9419 | d. Plans for multitrack scheduling, grade level |
| 9420 | organization, block scheduling, or other alternatives that |
| 9421 | reduce the need for additional permanent student stations. |
| 9422 | e. Information concerning average class size and |
| 9423 | utilization rate by grade level within the district which will |
| 9424 | result if the tentative district facilities work program is |
| 9425 | fully implemented. |
| 9426 | f. The number and percentage of district students planned |
| 9427 | to be educated in relocatable facilities during each year of the |
| 9428 | tentative district facilities work program. For determining |
| 9429 | future needs, student capacity may not be assigned to any |
| 9430 | relocatable classroom that is scheduled for elimination or |
| 9431 | replacement with a permanent educational facility in the current |
| 9432 | year of the adopted district educational facilities plan and in |
| 9433 | the district facilities work program adopted under this section. |
| 9434 | Those relocatable classrooms clearly identified and scheduled |
| 9435 | for replacement in a school-board-adopted, financially feasible, |
| 9436 | 5-year district facilities work program shall be counted at zero |
| 9437 | capacity at the time the work program is adopted and approved by |
| 9438 | the school board. However, if the district facilities work |
| 9439 | program is changed and the relocatable classrooms are not |
| 9440 | replaced as scheduled in the work program, the classrooms must |
| 9441 | be reentered into the system and be counted at actual capacity. |
| 9442 | Relocatable classrooms may not be perpetually added to the work |
| 9443 | program or continually extended for purposes of circumventing |
| 9444 | this section. All relocatable classrooms not identified and |
| 9445 | scheduled for replacement, including those owned, lease- |
| 9446 | purchased, or leased by the school district, must be counted at |
| 9447 | actual student capacity. The district educational facilities |
| 9448 | plan must identify the number of relocatable student stations |
| 9449 | scheduled for replacement during the 5-year survey period and |
| 9450 | the total dollar amount needed for that replacement. |
| 9451 | g. Plans for the closure of any school, including plans |
| 9452 | for disposition of the facility or usage of facility space, and |
| 9453 | anticipated revenues. |
| 9454 | h. Projects for which capital outlay and debt service |
| 9455 | funds accruing under s. 9(d), Art. XII of the State Constitution |
| 9456 | are to be used shall be identified separately in priority order |
| 9457 | on a project priority list within the district facilities work |
| 9458 | program. |
| 9459 | 3. The projected cost for each project identified in the |
| 9460 | district facilities work program. For proposed projects for new |
| 9461 | student stations, a schedule shall be prepared comparing the |
| 9462 | planned cost and square footage for each new student station, by |
| 9463 | elementary, middle, and high school levels, to the low, average, |
| 9464 | and high cost of facilities constructed throughout the state |
| 9465 | during the most recent fiscal year for which data is available |
| 9466 | from the Department of Education. |
| 9467 | 4. A schedule of estimated capital outlay revenues from |
| 9468 | each currently approved source which is estimated to be |
| 9469 | available for expenditure on the projects included in the |
| 9470 | district facilities work program. |
| 9471 | 5. A schedule indicating which projects included in the |
| 9472 | district facilities work program will be funded from current |
| 9473 | revenues projected in subparagraph 4. |
| 9474 | 6. A schedule of options for the generation of additional |
| 9475 | revenues by the district for expenditure on projects identified |
| 9476 | in the district facilities work program which are not funded |
| 9477 | under subparagraph 5. Additional anticipated revenues may |
| 9478 | include effort index grants, SIT Program awards, and Classrooms |
| 9479 | First funds. |
| 9480 | Section 73. Rules 9J-5 and 9J-11.023, Florida |
| 9481 | Administrative Code, are repealed, and the Department of State |
| 9482 | is directed to remove those rules from the Florida |
| 9483 | Administrative Code. |
| 9484 | Section 74. (1) Any permit or any other authorization |
| 9485 | that was extended beyond January 1, 2012, under section 14 of |
| 9486 | chapter 2009-96, Laws of Florida, as reauthorized by section 47 |
| 9487 | of chapter 2010-147, Laws of Florida, and was ineligible for the |
| 9488 | permit extension granted by section 46 of chapter 2010-147, Laws |
| 9489 | of Florida, solely because of its extended expiration date, is |
| 9490 | extended and renewed for an additional period of 2 years after |
| 9491 | its previously scheduled expiration date. This extension is in |
| 9492 | addition to the 2-year permit extension provided under section |
| 9493 | 14 of chapter 2009-96, Laws of Florida. This section does not |
| 9494 | prohibit conversion from the construction phase to the operation |
| 9495 | phase upon completion of construction. |
| 9496 | (2) The commencement and completion dates for any required |
| 9497 | mitigation associated with a phased construction project shall |
| 9498 | be extended such that mitigation takes place in the same |
| 9499 | timeframe relative to the phase as originally permitted. |
| 9500 | (3) The holder of a valid permit or other authorization |
| 9501 | that is eligible for the 2-year extension shall notify the |
| 9502 | authorizing agency in writing by December 31, 2011, identifying |
| 9503 | the specific authorization for which the holder intends to use |
| 9504 | the extension and the anticipated timeframe for acting on the |
| 9505 | authorization. |
| 9506 | (4) The extension provided for in subsection (1) does not |
| 9507 | apply to: |
| 9508 | (a) A permit or other authorization under any programmatic |
| 9509 | or regional general permit issued by the Army Corps of |
| 9510 | Engineers. |
| 9511 | (b) A permit or other authorization held by an owner or |
| 9512 | operator determined to be in significant noncompliance with the |
| 9513 | conditions of the permit or authorization as established through |
| 9514 | the issuance of a warning letter or notice of violation, the |
| 9515 | initiation of formal enforcement, or other equivalent action by |
| 9516 | the authorizing agency. |
| 9517 | (c) A permit or other authorization, if granted an |
| 9518 | extension, that would delay or prevent compliance with a court |
| 9519 | order. |
| 9520 | (5) Permits extended under this section shall continue to |
| 9521 | be governed by rules in effect at the time the permit was |
| 9522 | issued, except if it is demonstrated that the rules in effect at |
| 9523 | the time the permit was issued would create an immediate threat |
| 9524 | to public safety or health. This subsection applies to any |
| 9525 | modification of the plans, terms, and conditions of the permit |
| 9526 | that lessens the environmental impact, except that any such |
| 9527 | modification may not extend the time limit beyond 2 additional |
| 9528 | years. |
| 9529 | (6) This section does not impair the authority of a county |
| 9530 | or municipality to require the owner of a property that has |
| 9531 | notified the county or municipality of the owner's intention to |
| 9532 | receive the extension of time granted pursuant to this section |
| 9533 | to maintain and secure the property in a safe and sanitary |
| 9534 | condition in compliance with applicable laws and ordinances. |
| 9535 | Section 75. (1) The state land planning agency, within 60 |
| 9536 | days after the effective date of this act, shall review any |
| 9537 | administrative or judicial proceeding filed by the agency and |
| 9538 | pending on the effective date of this act to determine whether |
| 9539 | the issues raised by the state land planning agency are |
| 9540 | consistent with the revised provisions of part II of chapter |
| 9541 | 163, Florida Statutes. For each proceeding, if the agency |
| 9542 | determines that issues have been raised that are not consistent |
| 9543 | with the revised provisions of part II of chapter 163, Florida |
| 9544 | Statutes, the agency shall dismiss the proceeding. If the state |
| 9545 | land planning agency determines that one or more issues have |
| 9546 | been raised that are consistent with the revised provisions of |
| 9547 | part II of chapter 163, Florida Statutes, the agency shall amend |
| 9548 | its petition within 30 days after the determination to plead |
| 9549 | with particularity as to the manner in which the plan or plan |
| 9550 | amendment fails to meet the revised provisions of part II of |
| 9551 | chapter 163, Florida Statutes. If the agency fails to timely |
| 9552 | file such amended petition, the proceeding shall be dismissed. |
| 9553 | (2) In all proceedings that were initiated by the state |
| 9554 | land planning agency before the effective date of this act, and |
| 9555 | continue after that date, the local government's determination |
| 9556 | that the comprehensive plan or plan amendment is in compliance |
| 9557 | is presumed to be correct, and the local government's |
| 9558 | determination shall be sustained unless it is shown by a |
| 9559 | preponderance of the evidence that the comprehensive plan or |
| 9560 | plan amendment is not in compliance. |
| 9561 | Section 76. All local governments shall be governed by the |
| 9562 | revised provisions of s. 163.3191, Florida Statutes, |
| 9563 | notwithstanding a local government's previous failure to timely |
| 9564 | adopt its evaluation and appraisal report or evaluation and |
| 9565 | appraisal report-based amendments by the due dates established |
| 9566 | in Rule 9J-42, Florida Administrative Code. |
| 9567 | Section 77. The Division of Statutory Revision is directed |
| 9568 | to replace the phrase "the effective date of this act" wherever |
| 9569 | it occurs in this act with the date this act becomes a law. |
| 9570 | Section 78. This act shall take effect upon becoming a |
| 9571 | law. |