CS/HB 7129

1
A bill to be entitled
2An act relating to growth management; amending s.
3163.3161, F.S.; redesignating the "Local Government
4Comprehensive Planning and Land Development Regulation
5Act" as the "Community Planning Act"; revising and
6providing intent and purpose of act; amending s. 163.3164,
7F.S.; revising definitions; amending s. 163.3167, F.S.;
8revising scope of the act; revising and providing duties
9of local governments and municipalities relating to
10comprehensive plans; deleting retroactive effect; creating
11s. 163.3168, F.S.; encouraging local governments to apply
12for certain innovative planning tools; authorizing the
13state land planning agency and other appropriate state and
14regional agencies to use direct and indirect technical
15assistance; amending s. 163.3171, F.S.; providing
16legislative intent; amending s. 163.3174, F.S.; deleting
17certain notice requirements relating to the establishment
18of local planning agencies by a governing body; amending
19s. 163.3175, F.S.; providing that certain comments,
20underlying studies, and reports provided by a military
21installation's commanding officer are not binding on local
22governments; providing additional factors for local
23government consideration in impacts to military
24installations; clarifying requirements for adopting
25criteria to address compatibility of lands relating to
26military installations; amending s. 163.3177, F.S.;
27revising and providing duties of local governments;
28revising and providing required and optional elements of
29comprehensive plans; revising requirements of schedules of
30capital improvements; revising and providing provisions
31relating to capital improvements elements; revising major
32objectives of, and procedures relating to, the local
33comprehensive planning process; revising and providing
34required and optional elements of future land use plans;
35providing required transportation elements; revising and
36providing required conservation elements; revising and
37providing required housing elements; revising and
38providing required coastal management elements; revising
39and providing required intergovernmental coordination
40elements; amending s. 163.31777, F.S.; revising
41requirements relating to public schools' interlocal
42agreements; deleting duties of the Office of Educational
43Facilities, the state land planning agency, and local
44governments relating to such agreements; deleting an
45exemption; amending s. 163.3178, F.S.; deleting a deadline
46for local governments to amend coastal management elements
47and future land use maps; amending s. 163.3180, F.S.;
48revising and providing provisions relating to concurrency;
49revising concurrency requirements; revising application
50and findings; revising local government requirements;
51revising and providing requirements relating to
52transportation concurrency, transportation concurrency
53exception areas, urban infill, urban redevelopment, urban
54service, downtown revitalization areas, transportation
55concurrency management areas, long-term transportation and
56school concurrency management systems, development of
57regional impact, school concurrency, service areas,
58financial feasibility, interlocal agreements, and
59multimodal transportation districts; revising duties of
60the Office of Program Policy Analysis and the state land
61planning agency; providing requirements for local plans;
62providing for the limiting the liability of local
63governments under certain conditions; amending s.
64163.3182, F.S.; revising definitions; revising provisions
65relating to transportation deficiency plans and projects;
66amending s. 163.3184, F.S.; providing a definition;
67providing requirements for comprehensive plans and plan
68amendments; providing a expedited state review process for
69adoption of comprehensive plan amendments; providing
70requirements for the adoption of comprehensive plan
71amendments; creating the state-coordinated review process;
72providing and revising provisions relating to the review
73process; revising requirements relating to local
74government transmittal of proposed plan or amendments;
75providing for comment by reviewing agencies; deleting
76provisions relating to regional, county, and municipal
77review; revising provisions relating to state land
78planning agency review; revising provisions relating to
79local government review of comments; deleting and revising
80provisions relating to notice of intent and processes for
81compliance and noncompliance; providing procedures for
82administrative challenges to plans and plan amendments;
83providing for compliance agreements; providing for
84mediation and expeditious resolution; revising powers and
85duties of the administration commission; revising
86provisions relating to areas of critical state concern;
87providing for concurrent zoning; amending s. 163.3187,
88F.S.; deleting provisions relating to the amendment of
89adopted comprehensive plan and providing the process for
90adoption of small-scale comprehensive plan amendments;
91repealing s. 163.3189, F.S., relating to process for
92amendment of adopted comprehensive plan; amending s.
93163.3191, F.S., relating to the evaluation and appraisal
94of comprehensive plans; providing and revising local
95government requirements including notice, amendments,
96compliance, mediation, reports, and scoping meetings;
97amending s. 163.3229, F.S.; revising limitations on
98duration of development agreements; amending s. 163.3235,
99F.S.; revising requirements for periodic reviews of a
100development agreements; amending s. 163.3239, F.S.;
101revising recording requirements; amending s. 163.3243,
102F.S.; revising parties who may file an action for
103injunctive relief; amending s. 163.3245, F.S.; revising
104provisions relating to optional sector plans; authorizing
105the adoption of sector plans under certain circumstances;
106amending s. 163.3246, F.S.; revising provisions relating
107to the local government comprehensive planning
108certification program; conforming provisions to changes
109made by the act; deleting reporting requirements of the
110Office of Program Policy Analysis and Government
111Accountability; repealing s. 163.32465, F.S., relating to
112state review of local comprehensive plans in urban areas;
113amending s. 163.3247, F.S.; providing for future repeal
114and abolition of the Century Commission for a Sustainable
115Florida; creating s. 163.3248, F.S.; providing for the
116designation of rural land stewardship areas; providing
117purposes and requirements for the establishment of such
118areas; providing for the creation of rural land
119stewardship overlay zoning district and transferable rural
120land use credits; providing certain limitation relating to
121such credits; providing for incentives; providing
122eligibility for incentives; providing legislative intent;
123amending s. 380.06, F.S.; revising requirements relating
124to the issuance of permits for development by local
125governments; revising criteria for the determination of
126substantial deviation; providing for extension of certain
127expiration dates; revising exemptions governing
128developments of regional impact; revising provisions to
129conform to changes made by this act; amending s. 380.0651,
130F.S.; revising provisions relating to statewide guidelines
131and standards for certain multiscreen movie theaters,
132industrial plants, industrial parks, distribution,
133warehousing and wholesaling facilities, and hotels and
134motels; revising criteria for the determination of when to
135treat two or more developments as a single development;
136amending s. 331.303, F.S.; conforming a cross-reference;
137amending s. 380.115, F.S.; subjecting certain developments
138required to undergo development-of-regional-impact review
139to certain procedures; amending s. 380.065, F.S.; deleting
140certain reporting requirements; conforming provisions to
141changes made by the act; amending s. 380.0685, F.S.,
142relating to use of surcharges for beach renourishment and
143restoration; repealing Rules 9J-5 and 9J-11.023, Florida
144Administrative Code, relating to minimum criteria for
145review of local government comprehensive plans and plan
146amendments, evaluation and appraisal reports, land
147development regulations, and determinations of compliance;
148amending ss. 70.51, 163.06, 163.2517, 163.3162, 163.3217,
149163.3220, 163.3221, 163.3229, 163.360, 163.516, 171.203,
150186.513, 189.415, 190.004, 190.005, 193.501, 287.042,
151288.063, 288.975, 290.0475, 311.07, 331.319, 339.155,
152339.2819, 369.303, 369.321, 378.021, 380.115, 380.031,
153380.061, 403.50665, 403.973, 420.5095, 420.615, 420.5095,
154420.9071, 420.9076, 720.403, 1013.30, 1013.33, and
1551013.35, F.S.; revising provisions to conform to changes
156made by this act; extending permits and other
157authorizations extended under s. 14, ch. 2009-96, Laws of
158Florida; extending certain previously granted buildout
159dates; requiring a permitholder to notify the authorizing
160agency of its intended use of the extension; exempting
161certain permits from eligibility for an extension;
162providing for applicability of rules governing permits;
163declaring that certain provisions do not impair the
164authority of counties and municipalities under certain
165circumstances; requiring the state land planning agency to
166review certain administrative and judicial proceedings;
167providing procedures for such review; providing that all
168local governments shall be governed by certain provisions
169of general law; providing a directive of the Division of
170Statutory Revision; providing an effective date.
171
172Be It Enacted by the Legislature of the State of Florida:
173
174     Section 1.  Subsection (26) of section 70.51, Florida
175Statutes, is amended to read:
176     70.51  Land use and environmental dispute resolution.-
177     (26)  A special magistrate's recommendation under this
178section constitutes data in support of, and a support document
179for, a comprehensive plan or comprehensive plan amendment, but
180is not, in and of itself, dispositive of a determination of
181compliance with chapter 163. Any comprehensive plan amendment
182necessary to carry out the approved recommendation of a special
183magistrate under this section is exempt from the twice-a-year
184limit on plan amendments and may be adopted by the local
185government amendments in s. 163.3184(16)(d).
186     Section 2.  Paragraphs (h) through (l) of subsection (3) of
187section 163.06, Florida Statutes, are redesignated as paragraphs
188(g) through (k), respectively, and present paragraph (g) of that
189subsection is amended to read:
190     163.06  Miami River Commission.-
191     (3)  The policy committee shall have the following powers
192and duties:
193     (g)  Coordinate a joint planning area agreement between the
194Department of Community Affairs, the city, and the county under
195the provisions of s. 163.3177(11)(a), (b), and (c).
196     Section 3.  Subsection (4) of section 163.2517, Florida
197Statutes, is amended to read:
198     163.2517  Designation of urban infill and redevelopment
199area.-
200     (4)  In order for a local government to designate an urban
201infill and redevelopment area, it must amend its comprehensive
202land use plan under s. 163.3187 to delineate the boundaries of
203the urban infill and redevelopment area within the future land
204use element of its comprehensive plan pursuant to its adopted
205urban infill and redevelopment plan. The state land planning
206agency shall review the boundary delineation of the urban infill
207and redevelopment area in the future land use element under s.
208163.3184. However, an urban infill and redevelopment plan
209adopted by a local government is not subject to review for
210compliance as defined by s. 163.3184(1)(b), and the local
211government is not required to adopt the plan as a comprehensive
212plan amendment. An amendment to the local comprehensive plan to
213designate an urban infill and redevelopment area is exempt from
214the twice-a-year amendment limitation of s. 163.3187.
215     Section 4.  Section 163.3161, Florida Statutes, is amended
216to 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
220Development Regulation Act."
221     (2)  In conformity with, and in furtherance of, the purpose
222of the Florida Environmental Land and Water Management Act of
2231972, chapter 380, It is the purpose of this act to utilize and
224strengthen the existing role, processes, and powers of local
225governments in the establishment and implementation of
226comprehensive planning programs to guide and manage control
227future development consistent with the proper role of local
228government.
229     (3)  It is the intent of this act to focus the state role
230in managing growth under this act to protecting the functions of
231important state resources and facilities.
232     (4)  It is the intent of this act that the ability of its
233adoption is necessary so that local governments to can preserve
234and enhance present advantages; encourage the most appropriate
235use of land, water, and resources, consistent with the public
236interest; overcome present handicaps; and deal effectively with
237future problems that may result from the use and development of
238land within their jurisdictions. Through the process of
239comprehensive planning, it is intended that units of local
240government can preserve, promote, protect, and improve the
241public health, safety, comfort, good order, appearance,
242convenience, law enforcement and fire prevention, and general
243welfare; prevent the overcrowding of land and avoid undue
244concentration of population; facilitate the adequate and
245efficient provision of transportation, water, sewerage, schools,
246parks, recreational facilities, housing, and other requirements
247and services; and conserve, develop, utilize, and protect
248natural resources within their jurisdictions.
249     (5)(4)  It is the intent of this act to encourage and
250ensure assure cooperation between and among municipalities and
251counties and to encourage and assure coordination of planning
252and development activities of units of local government with the
253planning activities of regional agencies and state government in
254accord with applicable provisions of law.
255     (6)(5)  It is the intent of this act that adopted
256comprehensive plans shall have the legal status set out in this
257act and that no public or private development shall be permitted
258except in conformity with comprehensive plans, or elements or
259portions thereof, prepared and adopted in conformity with this
260act.
261     (7)(6)  It is the intent of this act that the activities of
262units of local government in the preparation and adoption of
263comprehensive plans, or elements or portions therefor, shall be
264conducted in conformity with the provisions of this act.
265     (8)(7)  The provisions of this act in their interpretation
266and application are declared to be the minimum requirements
267necessary to accomplish the stated intent, purposes, and
268objectives of this act; to protect human, environmental, social,
269and economic resources; and to maintain, through orderly growth
270and development, the character and stability of present and
271future land use and development in this state.
272     (9)(8)  It is the intent of the Legislature that the repeal
273of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
274of Florida, and amendments to this part by this chapter law,
275shall not be interpreted to limit or restrict the powers of
276municipal or county officials, but shall be interpreted as a
277recognition of their broad statutory and constitutional powers
278to plan for and regulate the use of land. It is, further, the
279intent of the Legislature to reconfirm that ss. 163.3161-
280163.3248 163.3161 through 163.3215 have provided and do provide
281the necessary statutory direction and basis for municipal and
282county officials to carry out their comprehensive planning and
283land development regulation powers, duties, and
284responsibilities.
285     (10)(9)  It is the intent of the Legislature that all
286governmental entities in this state recognize and respect
287judicially acknowledged or constitutionally protected private
288property rights. It is the intent of the Legislature that all
289rules, ordinances, regulations, and programs adopted under the
290authority of this act must be developed, promulgated,
291implemented, and applied with sensitivity for private property
292rights and not be unduly restrictive, and property owners must
293be free from actions by others which would harm their property.
294Full and just compensation or other appropriate relief must be
295provided to any property owner for a governmental action that is
296determined to be an invalid exercise of the police power which
297constitutes a taking, as provided by law. Any such relief must
298be determined in a judicial action.
299     (11)  It is the intent of this part that the traditional
300economic base of this state, agriculture, tourism, and military
301presence, be recognized and protected. Further, it is the intent
302of this part to encourage economic diversification, workforce
303development, and community planning.
304     (12)  It is the intent of this part that new statutory
305requirements created by the Legislature will not require a local
306government whose plan has been found to be in compliance with
307this part to adopt amendments implementing the new statutory
308requirements until the evaluation and appraisal period provided
309in s. 163.3191, unless otherwise specified in law. However, any
310new amendments must comply with the requirements of this part.
311     Section 5.  Subsections (2) through (5) of section
312163.3162, Florida Statutes, are renumbered as subsections (1)
313through (4), respectively, and present subsections (1) and (5)
314of 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.-
319The owner of a parcel of land defined as an agricultural enclave
320under s. 163.3164(33) may apply for an amendment to the local
321government comprehensive plan pursuant to s. 163.3184 163.3187.
322Such amendment is presumed not to be urban sprawl as defined in
323s. 163.3164 if it includes consistent with rule 9J-5.006(5),
324Florida Administrative Code, and may include land uses and
325intensities of use that are consistent with the uses and
326intensities of use of the industrial, commercial, or residential
327areas that surround the parcel. This presumption may be rebutted
328by clear and convincing evidence. Each application for a
329comprehensive plan amendment under this subsection for a parcel
330larger than 640 acres must include appropriate new urbanism
331concepts such as clustering, mixed-use development, the creation
332of rural village and city centers, and the transfer of
333development rights in order to discourage urban sprawl while
334protecting landowner rights.
335     (a)  The local government and the owner of a parcel of land
336that is the subject of an application for an amendment shall
337have 180 days following the date that the local government
338receives a complete application to negotiate in good faith to
339reach consensus on the land uses and intensities of use that are
340consistent with the uses and intensities of use of the
341industrial, commercial, or residential areas that surround the
342parcel. Within 30 days after the local government's receipt of
343such an application, the local government and owner must agree
344in writing to a schedule for information submittal, public
345hearings, negotiations, and final action on the amendment, which
346schedule may thereafter be altered only with the written consent
347of the local government and the owner. Compliance with the
348schedule in the written agreement constitutes good faith
349negotiations for purposes of paragraph (c).
350     (b)  Upon conclusion of good faith negotiations under
351paragraph (a), regardless of whether the local government and
352owner reach consensus on the land uses and intensities of use
353that are consistent with the uses and intensities of use of the
354industrial, commercial, or residential areas that surround the
355parcel, the amendment must be transmitted to the state land
356planning agency for review pursuant to s. 163.3184. If the local
357government fails to transmit the amendment within 180 days after
358receipt of a complete application, the amendment must be
359immediately transferred to the state land planning agency for
360such review at the first available transmittal cycle. A plan
361amendment transmitted to the state land planning agency
362submitted under this subsection is presumed not to be urban
363sprawl as defined in s. 163.3164 consistent with rule 9J-
3645.006(5), Florida Administrative Code. This presumption may be
365rebutted by clear and convincing evidence.
366     (c)  If the owner fails to negotiate in good faith, a plan
367amendment submitted under this subsection is not entitled to the
368rebuttable presumption under this subsection in the negotiation
369and amendment process.
370     (d)  Nothing within this subsection relating to
371agricultural enclaves shall preempt or replace any protection
372currently existing for any property located within the
373boundaries 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.
376373.4592(2).
377     Section 6.  Section 163.3164, Florida Statutes, is amended
378to read:
379     163.3164  Community Local Government Comprehensive Planning
380and Land Development Regulation Act; definitions.-As used in
381this act:
382     (1)  "Administration Commission" means the Governor and the
383Cabinet, and for purposes of this chapter the commission shall
384act on a simple majority vote, except that for purposes of
385imposing the sanctions provided in s. 163.3184(8)(11),
386affirmative action shall require the approval of the Governor
387and at least three other members of the commission.
388     (2)  "Affordable housing" has the same meaning as in s.
389420.0004(3).
390     (3)(33)  "Agricultural enclave" means an unincorporated,
391undeveloped parcel that:
392     (a)  Is owned by a single person or entity;
393     (b)  Has been in continuous use for bona fide agricultural
394purposes, as defined by s. 193.461, for a period of 5 years
395prior to the date of any comprehensive plan amendment
396application;
397     (c)  Is surrounded on at least 75 percent of its perimeter
398by:
399     1.  Property that has existing industrial, commercial, or
400residential development; or
401     2.  Property that the local government has designated, in
402the local government's comprehensive plan, zoning map, and
403future land use map, as land that is to be developed for
404industrial, commercial, or residential purposes, and at least 75
405percent of such property is existing industrial, commercial, or
406residential development;
407     (d)  Has public services, including water, wastewater,
408transportation, schools, and recreation facilities, available or
409such public services are scheduled in the capital improvement
410element to be provided by the local government or can be
411provided by an alternative provider of local government
412infrastructure in order to ensure consistency with applicable
413concurrency provisions of s. 163.3180; and
414     (e)  Does not exceed 1,280 acres; however, if the property
415is surrounded by existing or authorized residential development
416that will result in a density at buildout of at least 1,000
417residents per square mile, then the area shall be determined to
418be urban and the parcel may not exceed 4,480 acres.
419     (4)  "Antiquated subdivision" means a subdivision that was
420recorded or approved more than 20 years ago and that has
421substantially failed to be built and the continued buildout of
422the subdivision in accordance with the subdivision's zoning and
423land use purposes would cause an imbalance of land uses and
424would be detrimental to the local and regional economies and
425environment, hinder current planning practices, and lead to
426inefficient and fiscally irresponsible development patterns as
427determined by the respective jurisdiction in which the
428subdivision is located.
429     (5)(2)  "Area" or "area of jurisdiction" means the total
430area qualifying under the provisions of this act, whether this
431be all of the lands lying within the limits of an incorporated
432municipality, lands in and adjacent to incorporated
433municipalities, all unincorporated lands within a county, or
434areas comprising combinations of the lands in incorporated
435municipalities and unincorporated areas of counties.
436     (6)  "Capital improvement" means physical assets
437constructed or purchased to provide, improve, or replace a
438public facility and which are typically large scale and high in
439cost. The cost of a capital improvement is generally
440nonrecurring and may require multiyear financing. For the
441purposes of this part, physical assets that have been identified
442as existing or projected needs in the individual comprehensive
443plan elements shall be considered capital improvements.
444     (7)(3)  "Coastal area" means the 35 coastal counties and
445all coastal municipalities within their boundaries designated
446coastal by the state land planning agency.
447     (8)  "Compatibility" means a condition in which land uses
448or conditions can coexist in relative proximity to each other in
449a stable fashion over time such that no use or condition is
450unduly negatively impacted directly or indirectly by another use
451or condition.
452     (9)(4)  "Comprehensive plan" means a plan that meets the
453requirements of ss. 163.3177 and 163.3178.
454     (10)  "Deepwater ports" means the ports identified in s.
455403.021(9).
456     (11)  "Density" means an objective measurement of the
457number of people or residential units allowed per unit of land,
458such as residents or employees per acre.
459     (12)(5)  "Developer" means any person, including a
460governmental agency, undertaking any development as defined in
461this act.
462     (13)(6)  "Development" has the same meaning as given it in
463s. 380.04.
464     (14)(7)  "Development order" means any order granting,
465denying, or granting with conditions an application for a
466development permit.
467     (15)(8)  "Development permit" includes any building permit,
468zoning permit, subdivision approval, rezoning, certification,
469special exception, variance, or any other official action of
470local government having the effect of permitting the development
471of land.
472     (16)(25)  "Downtown revitalization" means the physical and
473economic renewal of a central business district of a community
474as designated by local government, and includes both downtown
475development and redevelopment.
476     (17)  "Floodprone areas" means areas inundated during a
477100-year flood event or areas identified by the National Flood
478Insurance Program as an A Zone on flood insurance rate maps or
479flood hazard boundary maps.
480     (18)  "Goal" means the long-term end toward which programs
481or activities are ultimately directed.
482     (19)(9)  "Governing body" means the board of county
483commissioners of a county, the commission or council of an
484incorporated municipality, or any other chief governing body of
485a unit of local government, however designated, or the
486combination of such bodies where joint utilization of the
487provisions of this act is accomplished as provided herein.
488     (20)(10)  "Governmental agency" means:
489     (a)  The United States or any department, commission,
490agency, or other instrumentality thereof.
491     (b)  This state or any department, commission, agency, or
492other instrumentality thereof.
493     (c)  Any local government, as defined in this section, or
494any department, commission, agency, or other instrumentality
495thereof.
496     (d)  Any school board or other special district, authority,
497or governmental entity.
498     (21)  "Intensity" means an objective measurement of the
499extent to which land may be developed or used, including the
500consumption or use of the space above, on, or below ground; the
501measurement of the use of or demand on natural resources; and
502the measurement of the use of or demand on facilities and
503services.
504     (22)  "Internal trip capture" means trips generated by a
505mixed-use project that travel from one on-site land use to
506another on-site land use without using the external road
507network.
508     (23)(11)  "Land" means the earth, water, and air, above,
509below, or on the surface, and includes any improvements or
510structures customarily regarded as land.
511     (24)(22)  "Land development regulation commission" means a
512commission designated by a local government to develop and
513recommend, to the local governing body, land development
514regulations which implement the adopted comprehensive plan and
515to review land development regulations, or amendments thereto,
516for consistency with the adopted plan and report to the
517governing body regarding its findings. The responsibilities of
518the land development regulation commission may be performed by
519the local planning agency.
520     (25)(23)  "Land development regulations" means ordinances
521enacted by governing bodies for the regulation of any aspect of
522development and includes any local government zoning, rezoning,
523subdivision, building construction, or sign regulations or any
524other regulations controlling the development of land, except
525that this definition does shall not apply in s. 163.3213.
526     (26)(12)  "Land use" means the development that has
527occurred on the land, the development that is proposed by a
528developer on the land, or the use that is permitted or
529permissible on the land under an adopted comprehensive plan or
530element or portion thereof, land development regulations, or a
531land development code, as the context may indicate.
532     (27)  "Level of service" means an indicator of the extent
533or degree of service provided by, or proposed to be provided by,
534a facility based on and related to the operational
535characteristics of the facility. Level of service shall indicate
536the capacity per unit of demand for each public facility.
537     (28)(13)  "Local government" means any county or
538municipality.
539     (29)(14)  "Local planning agency" means the agency
540designated to prepare the comprehensive plan or plan amendments
541required by this act.
542     (30)(15)  A "Newspaper of general circulation" means a
543newspaper published at least on a weekly basis and printed in
544the language most commonly spoken in the area within which it
545circulates, but does not include a newspaper intended primarily
546for members of a particular professional or occupational group,
547a newspaper whose primary function is to carry legal notices, or
548a newspaper that is given away primarily to distribute
549advertising.
550     (31)  "New town" means an urban activity center and
551community designated on the future land use map of sufficient
552size, population and land use composition to support a variety
553of economic and social activities consistent with an urban area
554designation. New towns shall include basic economic activities;
555all major land use categories, with the possible exception of
556agricultural and industrial; and a centrally provided full range
557of public facilities and services that demonstrate internal trip
558capture. A new town shall be based on a master development plan.
559     (32)  "Objective" means a specific, measurable,
560intermediate end that is achievable and marks progress toward a
561goal.
562     (33)(16)  "Parcel of land" means any quantity of land
563capable of being described with such definiteness that its
564locations and boundaries may be established, which is designated
565by its owner or developer as land to be used, or developed as, a
566unit or which has been used or developed as a unit.
567     (34)(17)  "Person" means an individual, corporation,
568governmental agency, business trust, estate, trust, partnership,
569association, two or more persons having a joint or common
570interest, or any other legal entity.
571     (35)  "Policy" means the way in which programs and
572activities are conducted to achieve an identified goal.
573     (36)(28)  "Projects that promote public transportation"
574means projects that directly affect the provisions of public
575transit, including transit terminals, transit lines and routes,
576separate lanes for the exclusive use of public transit services,
577transit stops (shelters and stations), office buildings or
578projects that include fixed-rail or transit terminals as part of
579the building, and projects which are transit oriented and
580designed to complement reasonably proximate planned or existing
581public facilities.
582     (37)(24)  "Public facilities" means major capital
583improvements, including, but not limited to, transportation,
584sanitary sewer, solid waste, drainage, potable water,
585educational, parks and recreational, and health systems and
586facilities, and spoil disposal sites for maintenance dredging
587located in the intracoastal waterways, except for spoil disposal
588sites owned or used by ports listed in s. 403.021(9)(b).
589     (38)(18)  "Public notice" means notice as required by s.
590125.66(2) for a county or by s. 166.041(3)(a) for a
591municipality. The public notice procedures required in this part
592are established as minimum public notice procedures.
593     (39)(19)  "Regional planning agency" means the council
594created pursuant to chapter 186 agency designated by the state
595land planning agency to exercise responsibilities under law in a
596particular region of the state.
597     (40)  "Seasonal population" means part-time inhabitants who
598use, or may be expected to use, public facilities or services,
599but are not residents and includes tourists, migrant
600farmworkers, and other short-term and long-term visitors.
601     (41)(31)  "Optional Sector plan" means the an optional
602process authorized by s. 163.3245 in which one or more local
603governments engage in long-term planning for a large area and by
604agreement with the state land planning agency are allowed to
605address regional development-of-regional-impact issues through
606adoption of detailed specific area plans within the planning
607area within certain designated geographic areas identified in
608the local comprehensive plan as a means of fostering innovative
609planning and development strategies in s. 163.3177(11)(a) and
610(b), furthering the purposes of this part and part I of chapter
611380, reducing overlapping data and analysis requirements,
612protecting regionally significant resources and facilities, and
613addressing extrajurisdictional impacts. The term includes an
614optional sector plan that was adopted before the effective date
615of this act.
616     (42)(20)  "State land planning agency" means the Department
617of Community Affairs.
618     (43)(21)  "Structure" has the same meaning as in given it
619by s. 380.031(19).
620     (44)  "Suitability" means the degree to which the existing
621characteristics and limitations of land and water are compatible
622with a proposed use or development.
623     (45)  "Transit-oriented development" means a project or
624projects, in areas identified in a local government
625comprehensive plan, that is or will be served by existing or
626planned transit service. These designated areas shall be
627compact, moderate to high density developments, of mixed-use
628character, interconnected with other land uses, bicycle and
629pedestrian friendly, and designed to support frequent transit
630service operating through, collectively or separately, rail,
631fixed guideway, streetcar, or bus systems on dedicated
632facilities or available roadway connections.
633     (46)(30)  "Transportation corridor management" means the
634coordination of the planning of designated future transportation
635corridors with land use planning within and adjacent to the
636corridor to promote orderly growth, to meet the concurrency
637requirements of this chapter, and to maintain the integrity of
638the corridor for transportation purposes.
639     (47)(27)  "Urban infill" means the development of vacant
640parcels in otherwise built-up areas where public facilities such
641as sewer systems, roads, schools, and recreation areas are
642already in place and the average residential density is at least
643five dwelling units per acre, the average nonresidential
644intensity is at least a floor area ratio of 1.0 and vacant,
645developable land does not constitute more than 10 percent of the
646area.
647     (48)(26)  "Urban redevelopment" means demolition and
648reconstruction or substantial renovation of existing buildings
649or infrastructure within urban infill areas, existing urban
650service areas, or community redevelopment areas created pursuant
651to part III.
652     (49)(29)  "Urban service area" means built-up areas
653identified in the comprehensive plan where public facilities and
654services, including, but not limited to, central water and sewer
655capacity and roads, are already in place or are identified in
656the capital improvements element. The term includes any areas
657identified in the comprehensive plan as urban service areas,
658regardless of local government limitation committed in the first
6593 years of the capital improvement schedule. In addition, for
660counties that qualify as dense urban land areas under subsection
661(34), the nonrural area of a county which has adopted into the
662county charter a rural area designation or areas identified in
663the comprehensive plan as urban service areas or urban growth
664boundaries on or before July 1, 2009, are also urban service
665areas under this definition.
666     (50)  "Urban sprawl" means a development pattern
667characterized by low density, automobile-dependent development
668with either a single use or multiple uses that are not
669functionally related, requiring the extension of public
670facilities and services in an inefficient manner, and failing to
671provide a clear separation between urban and rural uses.
672     (32)  "Financial feasibility" means that sufficient
673revenues are currently available or will be available from
674committed funding sources for the first 3 years, or will be
675available from committed or planned funding sources for years 4
676and 5, of a 5-year capital improvement schedule for financing
677capital improvements, such as ad valorem taxes, bonds, state and
678federal funds, tax revenues, impact fees, and developer
679contributions, which are adequate to fund the projected costs of
680the capital improvements identified in the comprehensive plan
681necessary to ensure that adopted level-of-service standards are
682achieved and maintained within the period covered by the 5-year
683schedule of capital improvements. A comprehensive plan shall be
684deemed financially feasible for transportation and school
685facilities throughout the planning period addressed by the
686capital improvements schedule if it can be demonstrated that the
687level-of-service standards will be achieved and maintained by
688the end of the planning period even if in a particular year such
689improvements 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
692people per square mile of land area and a minimum total
693population of at least 5,000;
694     (b)  A county, including the municipalities located
695therein, which has an average of at least 1,000 people per
696square mile of land area; or
697     (c)  A county, including the municipalities located
698therein, which has a population of at least 1 million.
699
700The Office of Economic and Demographic Research within the
701Legislature shall annually calculate the population and density
702criteria needed to determine which jurisdictions qualify as
703dense urban land areas by using the most recent land area data
704from the decennial census conducted by the Bureau of the Census
705of the United States Department of Commerce and the latest
706available population estimates determined pursuant to s.
707186.901. If any local government has had an annexation,
708contraction, or new incorporation, the Office of Economic and
709Demographic Research shall determine the population density
710using the new jurisdictional boundaries as recorded in
711accordance with s. 171.091. The Office of Economic and
712Demographic Research shall submit to the state land planning
713agency a list of jurisdictions that meet the total population
714and density criteria necessary for designation as a dense urban
715land area by July 1, 2009, and every year thereafter. The state
716land planning agency shall publish the list of jurisdictions on
717its Internet website within 7 days after the list is received.
718The designation of jurisdictions that qualify or do not qualify
719as a dense urban land area is effective upon publication on the
720state land planning agency's Internet website.
721     Section 7.  Section 163.3167, Florida Statutes, is amended
722to read:
723     163.3167  Scope of act.-
724     (1)  The several incorporated municipalities and counties
725shall 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
728portions thereof, to guide their future development and growth.
729     (c)  To implement adopted or amended comprehensive plans by
730the adoption of appropriate land development regulations or
731elements thereof.
732     (d)  To establish, support, and maintain administrative
733instruments and procedures to carry out the provisions and
734purposes of this act.
735
736The powers and authority set out in this act may be employed by
737municipalities and counties individually or jointly by mutual
738agreement in accord with the provisions of this act and in such
739combinations as their common interests may dictate and require.
740     (2)  Each local government shall maintain prepare a
741comprehensive plan of the type and in the manner set out in this
742part or prepare amendments to its existing comprehensive plan to
743conform it to the requirements of this part and in the manner
744set out in this part. In accordance with s. 163.3184, each local
745government shall submit to the state land planning agency its
746complete proposed comprehensive plan or its complete
747comprehensive plan as proposed to be amended.
748     (3)  When a local government has not prepared all of the
749required elements or has not amended its plan as required by
750subsection (2), the regional planning agency having
751responsibility for the area in which the local government lies
752shall prepare and adopt by rule, pursuant to chapter 120, the
753missing elements or adopt by rule amendments to the existing
754plan in accordance with this act by July 1, 1989, or within 1
755year after the dates specified or provided in subsection (2) and
756the state land planning agency review schedule, whichever is
757later. The regional planning agency shall provide at least 90
758days' written notice to any local government whose plan it is
759required by this subsection to prepare, prior to initiating the
760planning process. At least 90 days before the adoption by the
761regional planning agency of a comprehensive plan, or element or
762portion thereof, pursuant to this subsection, the regional
763planning agency shall transmit a copy of the proposed
764comprehensive plan, or element or portion thereof, to the local
765government and the state land planning agency for written
766comment. The state land planning agency shall review and comment
767on such plan, or element or portion thereof, in accordance with
768s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
769applicable to the regional planning agency as if it were a
770governing body. Existing comprehensive plans shall remain in
771effect until they are amended pursuant to subsection (2), this
772subsection, s. 163.3187, or s. 163.3189.
773     (3)(4)  A municipality established after the effective date
774of this act shall, within 1 year after incorporation, establish
775a local planning agency, pursuant to s. 163.3174, and prepare
776and adopt a comprehensive plan of the type and in the manner set
777out in this act within 3 years after the date of such
778incorporation. A county comprehensive plan shall be deemed
779controlling until the municipality adopts a comprehensive plan
780in accord with the provisions of this act. If, upon the
781expiration of the 3-year time limit, the municipality has not
782adopted a comprehensive plan, the regional planning agency shall
783prepare and adopt a comprehensive plan for such municipality.
784     (4)(5)  Any comprehensive plan, or element or portion
785thereof, adopted pursuant to the provisions of this act, which
786but for its adoption after the deadlines established pursuant to
787previous versions of this act would have been valid, shall be
788valid.
789     (6)  When a regional planning agency is required to prepare
790or amend a comprehensive plan, or element or portion thereof,
791pursuant to subsections (3) and (4), the regional planning
792agency and the local government may agree to a method of
793compensating the regional planning agency for any verifiable,
794direct costs incurred. If an agreement is not reached within 6
795months after the date the regional planning agency assumes
796planning responsibilities for the local government pursuant to
797subsections (3) and (4) or by the time the plan or element, or
798portion thereof, is completed, whichever is earlier, the
799regional planning agency shall file invoices for verifiable,
800direct costs involved with the governing body. Upon the failure
801of the local government to pay such invoices within 90 days, the
802regional planning agency may, upon filing proper vouchers with
803the Chief Financial Officer, request payment by the Chief
804Financial Officer from unencumbered revenue or other tax sharing
805funds due such local government from the state for work actually
806performed, and the Chief Financial Officer shall pay such
807vouchers; however, the amount of such payment shall not exceed
80850 percent of such funds due such local government in any one
809year.
810     (7)  A local government that is being requested to pay
811costs may seek an administrative hearing pursuant to ss. 120.569
812and 120.57 to challenge the amount of costs and to determine if
813the statutory prerequisites for payment have been complied with.
814Final agency action shall be taken by the state land planning
815agency. Payment shall be withheld as to disputed amounts until
816proceedings under this subsection have been completed.
817     (5)(8)  Nothing in this act shall limit or modify the
818rights of any person to complete any development that has been
819authorized as a development of regional impact pursuant to
820chapter 380 or who has been issued a final local development
821order and development has commenced and is continuing in good
822faith.
823     (6)(9)  The Reedy Creek Improvement District shall exercise
824the authority of this part as it applies to municipalities,
825consistent with the legislative act under which it was
826established, for the total area under its jurisdiction.
827     (7)(10)  Nothing in this part shall supersede any provision
828of ss. 341.8201-341.842.
829     (11)  Each local government is encouraged to articulate a
830vision of the future physical appearance and qualities of its
831community as a component of its local comprehensive plan. The
832vision should be developed through a collaborative planning
833process with meaningful public participation and shall be
834adopted by the governing body of the jurisdiction. Neighboring
835communities, especially those sharing natural resources or
836physical or economic infrastructure, are encouraged to create
837collective visions for greater-than-local areas. Such collective
838visions shall apply in each city or county only to the extent
839that each local government chooses to make them applicable. The
840state land planning agency shall serve as a clearinghouse for
841creating a community vision of the future and may utilize the
842Growth Management Trust Fund, created by s. 186.911, to provide
843grants to help pay the costs of local visioning programs. When a
844local vision of the future has been created, a local government
845should review its comprehensive plan, land development
846regulations, and capital improvement program to ensure that
847these instruments will help to move the community toward its
848vision in a manner consistent with this act and with the state
849comprehensive plan. A local or regional vision must be
850consistent with the state vision, when adopted, and be
851internally consistent with the local or regional plan of which
852it is a component. The state land planning agency shall not
853adopt minimum criteria for evaluating or judging the form or
854content of a local or regional vision.
855     (8)(12)  An initiative or referendum process in regard to
856any development order or in regard to any local comprehensive
857plan amendment or map amendment that affects five or fewer
858parcels of land is prohibited.
859     (9)(13)  Each local government shall address in its
860comprehensive plan, as enumerated in this chapter, the water
861supply sources necessary to meet and achieve the existing and
862projected water use demand for the established planning period,
863considering the applicable plan developed pursuant to s.
864373.709.
865     (10)(14)(a)  If a local government grants a development
866order pursuant to its adopted land development regulations and
867the order is not the subject of a pending appeal and the
868timeframe for filing an appeal has expired, the development
869order may not be invalidated by a subsequent judicial
870determination that such land development regulations, or any
871portion thereof that is relevant to the development order, are
872invalid because of a deficiency in the approval standards.
873     (b)  This subsection does not preclude or affect the timely
874institution of any other remedy available at law or equity,
875including a common law writ of certiorari proceeding pursuant to
876Rule 9.190, Florida Rules of Appellate Procedure, or an original
877proceeding pursuant to s. 163.3215, as applicable.
878     (c)  This subsection applies retroactively to any
879development order granted on or after January 1, 2002.
880     Section 8.  Section 163.3168, Florida Statutes, is created
881to read:
882     163.3168  Planning innovations and technical assistance.-
883     (1)  The Legislature recognizes the need for innovative
884planning and development strategies to promote a diverse economy
885and vibrant rural and urban communities, while protecting
886environmentally sensitive areas. The Legislature further
887recognizes the substantial advantages of innovative approaches
888to development directed to meet the needs of urban, rural, and
889suburban areas.
890     (2)  Local governments are encouraged to apply innovative
891planning tools, including, but not limited to, visioning, sector
892planning, and rural land stewardship area designations to
893address future new development areas, urban service area
894designations, urban growth boundaries, and mixed-use, high-
895density development in urban areas.
896     (3)  The state land planning agency shall help communities
897find creative solutions to fostering vibrant, healthy
898communities, while protecting the functions of important state
899resources and facilities. The state land planning agency and all
900other appropriate state and regional agencies may use various
901means to provide direct and indirect technical assistance within
902available resources. If plan amendments may adversely impact
903important state resources or facilities, upon request by the
904local government, the state land planning agency shall
905coordinate multi-agency assistance, if needed, in developing an
906amendment to minimize impacts on such resources or facilities.
907     Section 9.  Subsection (4) of section 163.3171, Florida
908Statutes, is amended to read:
909     163.3171  Areas of authority under this act.-
910     (4)  The state land planning agency and a Local governments
911may government shall have the power to enter into agreements
912with each other and to agree together to enter into agreements
913with a landowner, developer, or governmental agency as may be
914necessary or desirable to effectuate the provisions and purposes
915of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
916and 163.3248. It is the Legislature's intent that joint
917agreements entered into under the authority of this section be
918liberally, broadly, and flexibly construed to facilitate
919intergovernmental cooperation between cities and counties and to
920encourage planning in advance of jurisdictional changes. Joint
921agreements, executed before or after the effective date of this
922act, include, but are not limited to, agreements that
923contemplate municipal adoption of plans or plan amendments for
924lands in advance of annexation of such lands into the
925municipality, and may permit municipalities and counties to
926exercise nonexclusive extrajurisdictional authority within
927incorporated and unincorporated areas. The state land planning
928agency may not interpret, invalidate, or declare inoperative
929such joint agreements, and the validity of joint agreements may
930not be a basis for finding plans or plan amendments not in
931compliance pursuant to chapter law.
932     Section 10.  Subsection (1) of section 163.3174, Florida
933Statutes, is amended to read:
934     163.3174  Local planning agency.-
935     (1)  The governing body of each local government,
936individually or in combination as provided in s. 163.3171, shall
937designate and by ordinance establish a "local planning agency,"
938unless the agency is otherwise established by law.
939Notwithstanding any special act to the contrary, all local
940planning agencies or equivalent agencies that first review
941rezoning and comprehensive plan amendments in each municipality
942and county shall include a representative of the school district
943appointed by the school board as a nonvoting member of the local
944planning agency or equivalent agency to attend those meetings at
945which the agency considers comprehensive plan amendments and
946rezonings that would, if approved, increase residential density
947on the property that is the subject of the application. However,
948this subsection does not prevent the governing body of the local
949government from granting voting status to the school board
950member. The governing body may designate itself as the local
951planning agency pursuant to this subsection with the addition of
952a nonvoting school board representative. The governing body
953shall notify the state land planning agency of the establishment
954of its local planning agency. All local planning agencies shall
955provide opportunities for involvement by applicable community
956college boards, which may be accomplished by formal
957representation, membership on technical advisory committees, or
958other appropriate means. The local planning agency shall prepare
959the comprehensive plan or plan amendment after hearings to be
960held after public notice and shall make recommendations to the
961governing body regarding the adoption or amendment of the plan.
962The agency may be a local planning commission, the planning
963department of the local government, or other instrumentality,
964including a countywide planning entity established by special
965act or a council of local government officials created pursuant
966to s. 163.02, provided the composition of the council is fairly
967representative of all the governing bodies in the county or
968planning area; however:
969     (a)  If a joint planning entity is in existence on the
970effective date of this act which authorizes the governing bodies
971to adopt and enforce a land use plan effective throughout the
972joint planning area, that entity shall be the agency for those
973local governments until such time as the authority of the joint
974planning entity is modified by law.
975     (b)  In the case of chartered counties, the planning
976responsibility between the county and the several municipalities
977therein shall be as stipulated in the charter.
978     Section 11.  Subsections (5), (6), and (9) of section
979163.3175, Florida Statutes, are amended to read:
980     163.3175  Legislative findings on compatibility of
981development with military installations; exchange of information
982between local governments and military installations.-
983     (5)  The commanding officer or his or her designee may
984provide comments to the affected local government on the impact
985such proposed changes may have on the mission of the military
986installation. Such comments may include:
987     (a)  If the installation has an airfield, whether such
988proposed changes will be incompatible with the safety and noise
989standards 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
992Installation Environmental Noise Management Program (IENMP) of
993the United States Army;
994     (c)  Whether such changes are incompatible with the
995findings of a Joint Land Use Study (JLUS) for the area if one
996has been completed; and
997     (d)  Whether the military installation's mission will be
998adversely affected by the proposed actions of the county or
999affected local government.
1000
1001The commanding officer's comments, underlying studies, and
1002reports are not binding on the local government.
1003     (6)  The affected local government shall take into
1004consideration any comments provided by the commanding officer or
1005his or her designee pursuant to subsection (4) and must also be
1006sensitive to private property rights and not be unduly
1007restrictive on those rights. The affected local government shall
1008forward a copy of any comments regarding comprehensive plan
1009amendments to the state land planning agency.
1010     (9)  If a local government, as required under s.
1011163.3177(6)(a), does not adopt criteria and address
1012compatibility of lands adjacent to or closely proximate to
1013existing military installations in its future land use plan
1014element by June 30, 2012, the local government, the military
1015installation, the state land planning agency, and other parties
1016as identified by the regional planning council, including, but
1017not limited to, private landowner representatives, shall enter
1018into mediation conducted pursuant to s. 186.509. If the local
1019government comprehensive plan does not contain criteria
1020addressing compatibility by December 31, 2013, the agency may
1021notify the Administration Commission. The Administration
1022Commission may impose sanctions pursuant to s. 163.3184(8)(11).
1023Any local government that amended its comprehensive plan to
1024address military installation compatibility requirements after
10252004 and was found to be in compliance is deemed to be in
1026compliance with this subsection until the local government
1027conducts its evaluation and appraisal review pursuant to s.
1028163.3191 and determines that amendments are necessary to meet
1029updated general law requirements.
1030     Section 12.  Section 163.3177, Florida Statutes, is amended
1031to read:
1032     163.3177  Required and optional elements of comprehensive
1033plan; studies and surveys.-
1034     (1)  The comprehensive plan shall provide the consist of
1035materials in such descriptive form, written or graphic, as may
1036be appropriate to the prescription of principles, guidelines,
1037and standards, and strategies for the orderly and balanced
1038future economic, social, physical, environmental, and fiscal
1039development of the area that reflects community commitments to
1040implement the plan and its elements. These principles and
1041strategies shall guide future decisions in a consistent manner
1042and shall contain programs and activities to ensure
1043comprehensive plans are implemented. The sections of the
1044comprehensive plan containing the principles and strategies,
1045generally provided as goals, objectives, and policies, shall
1046describe how the local government's programs, activities, and
1047land development regulations will be initiated, modified, or
1048continued to implement the comprehensive plan in a consistent
1049manner. It is not the intent of this part to require the
1050inclusion of implementing regulations in the comprehensive plan
1051but rather to require identification of those programs,
1052activities, and land development regulations that will be part
1053of the strategy for implementing the comprehensive plan and the
1054principles that describe how the programs, activities, and land
1055development regulations will be carried out. The plan shall
1056establish meaningful and predictable standards for the use and
1057development of land and provide meaningful guidelines for the
1058content of more detailed land development and use regulations.
1059     (a)  The comprehensive plan shall consist of elements as
1060described in this section, and may include optional elements.
1061     (b)  A local government may include, as part of its adopted
1062plan, documents adopted by reference but not incorporated
1063verbatim into the plan. The adoption by reference must identify
1064the title and author of the document and indicate clearly what
1065provisions and edition of the document is being adopted.
1066     (c)  The format of these principles and guidelines is at
1067the discretion of the local government, but typically is
1068expressed in goals, objectives, policies, and strategies.
1069     (d)  The comprehensive plan shall identify procedures for
1070monitoring, evaluating, and appraising implementation of the
1071plan.
1072     (e)  When a federal, state, or regional agency has
1073implemented a regulatory program, a local government is not
1074required to duplicate or exceed that regulatory program in its
1075local comprehensive plan.
1076     (f)  All mandatory and optional elements of the
1077comprehensive plan and plan amendments shall be based upon
1078relevant and appropriate data and an analysis by the local
1079government that may include, but not be limited to, surveys,
1080studies, community goals and vision, and other data available at
1081the time of adoption of the comprehensive plan or plan
1082amendment. To be based on data means to react to it in an
1083appropriate way and to the extent necessary indicated by the
1084data available on that particular subject at the time of
1085adoption of the plan or plan amendment at issue.
1086     1.  Surveys, studies, and data utilized in the preparation
1087of the comprehensive plan may not be deemed a part of the
1088comprehensive plan unless adopted as a part of it. Copies of
1089such studies, surveys, data, and supporting documents for
1090proposed plans and plan amendments shall be made available for
1091public inspection, and copies of such plans shall be made
1092available to the public upon payment of reasonable charges for
1093reproduction. Support data or summaries are not subject to the
1094compliance review process, but the comprehensive plan must be
1095clearly based on appropriate data. Support data or summaries may
1096be used to aid in the determination of compliance and
1097consistency.
1098     2.  Data must be taken from professionally accepted
1099sources. The application of a methodology utilized in data
1100collection or whether a particular methodology is professionally
1101accepted may be evaluated. However, the evaluation may not
1102include whether one accepted methodology is better than another.
1103Original data collection by local governments is not required.
1104However, local governments may use original data so long as
1105methodologies are professionally accepted.
1106     3.  The comprehensive plan shall be based upon resident and
1107seasonal population estimates and projections, which shall
1108either be those provided by the University of Florida's Bureau
1109of Economic and Business Research or generated by the local
1110government based upon a professionally acceptable methodology.
1111The plan must be based on at least the minimum amount of land
1112required to accommodate the medium projections of the University
1113of Florida's Bureau of Economic and Business Research for at
1114least a 10-year planning period unless otherwise limited under
1115s. 380.05, including related rules of the Administration
1116Commission.
1117     (2)  Coordination of the several elements of the local
1118comprehensive plan shall be a major objective of the planning
1119process. The several elements of the comprehensive plan shall be
1120consistent. Where data is relevant to several elements,
1121consistent data shall be used, including population estimates
1122and projections unless alternative data can be justified for a
1123plan amendment through new supporting data and analysis. Each
1124map depicting future conditions must reflect the principles,
1125guidelines, and standards within all elements and each such map
1126must be contained within the comprehensive plan, and the
1127comprehensive plan shall be financially feasible. Financial
1128feasibility shall be determined using professionally accepted
1129methodologies and applies to the 5-year planning period, except
1130in the case of a long-term transportation or school concurrency
1131management system, in which case a 10-year or 15-year period
1132applies.
1133     (3)(a)  The comprehensive plan shall contain a capital
1134improvements element designed to consider the need for and the
1135location of public facilities in order to encourage the
1136efficient use of such facilities and set forth:
1137     1.  A component that outlines principles for construction,
1138extension, or increase in capacity of public facilities, as well
1139as a component that outlines principles for correcting existing
1140public facility deficiencies, which are necessary to implement
1141the comprehensive plan. The components shall cover at least a 5-
1142year period.
1143     2.  Estimated public facility costs, including a
1144delineation of when facilities will be needed, the general
1145location of the facilities, and projected revenue sources to
1146fund the facilities.
1147     3.  Standards to ensure the availability of public
1148facilities and the adequacy of those facilities to meet
1149established including acceptable levels of service.
1150     4.  Standards for the management of debt.
1151     4.5.  A schedule of capital improvements which includes any
1152publicly funded projects of federal, state, or local government,
1153and which may include privately funded projects for which the
1154local government has no fiscal responsibility. Projects,
1155necessary to ensure that any adopted level-of-service standards
1156are achieved and maintained for the 5-year period must be
1157identified as either funded or unfunded and given a level of
1158priority for funding. For capital improvements that will be
1159funded by the developer, financial feasibility shall be
1160demonstrated by being guaranteed in an enforceable development
1161agreement or interlocal agreement pursuant to paragraph (10)(h),
1162or other enforceable agreement. These development agreements and
1163interlocal agreements shall be reflected in the schedule of
1164capital improvements if the capital improvement is necessary to
1165serve development within the 5-year schedule. If the local
1166government uses planned revenue sources that require referenda
1167or other actions to secure the revenue source, the plan must, in
1168the event the referenda are not passed or actions do not secure
1169the planned revenue source, identify other existing revenue
1170sources that will be used to fund the capital projects or
1171otherwise amend the plan to ensure financial feasibility.
1172     5.6.  The schedule must include transportation improvements
1173included in the applicable metropolitan planning organization's
1174transportation improvement program adopted pursuant to s.
1175339.175(8) to the extent that such improvements are relied upon
1176to ensure concurrency and financial feasibility. The schedule
1177must also be coordinated with the applicable metropolitan
1178planning organization's long-range transportation plan adopted
1179pursuant to s. 339.175(7).
1180     (b)1.  The capital improvements element must be reviewed by
1181the local government on an annual basis. Modifications and
1182modified as necessary in accordance with s. 163.3187 or s.
1183163.3189 in order to update the maintain a financially feasible
11845-year capital improvement schedule of capital improvements.
1185Corrections and modifications concerning costs; revenue sources;
1186or acceptance of facilities pursuant to dedications which are
1187consistent with the plan may be accomplished by ordinance and
1188may shall not be deemed to be amendments to the local
1189comprehensive plan. A copy of the ordinance shall be transmitted
1190to the state land planning agency. An amendment to the
1191comprehensive plan is required to update the schedule on an
1192annual basis or to eliminate, defer, or delay the construction
1193for any facility listed in the 5-year schedule. All public
1194facilities must be consistent with the capital improvements
1195element. The annual update to the capital improvements element
1196of the comprehensive plan need not comply with the financial
1197feasibility requirement until December 1, 2011. Thereafter, a
1198local government may not amend its future land use map, except
1199for plan amendments to meet new requirements under this part and
1200emergency amendments pursuant to s. 163.3187(1)(a), after
1201December 1, 2011, and every year thereafter, unless and until
1202the local government has adopted the annual update and it has
1203been transmitted to the state land planning agency.
1204     2.  Capital improvements element amendments adopted after
1205the effective date of this act shall require only a single
1206public hearing before the governing board which shall be an
1207adoption hearing as described in s. 163.3184(7). Such amendments
1208are not subject to the requirements of s. 163.3184(3)-(6).
1209     (c)  If the local government does not adopt the required
1210annual update to the schedule of capital improvements, the state
1211land planning agency must notify the Administration Commission.
1212A local government that has a demonstrated lack of commitment to
1213meeting its obligations identified in the capital improvements
1214element may be subject to sanctions by the Administration
1215Commission pursuant to s. 163.3184(11).
1216     (d)  If a local government adopts a long-term concurrency
1217management system pursuant to s. 163.3180(9), it must also adopt
1218a long-term capital improvements schedule covering up to a 10-
1219year or 15-year period, and must update the long-term schedule
1220annually. The long-term schedule of capital improvements must be
1221financially feasible.
1222     (e)  At the discretion of the local government and
1223notwithstanding the requirements of this subsection, a
1224comprehensive plan, as revised by an amendment to the plan's
1225future land use map, shall be deemed to be financially feasible
1226and to have achieved and maintained level-of-service standards
1227as required by this section with respect to transportation
1228facilities if the amendment to the future land use map is
1229supported by a:
1230     1.  Condition in a development order for a development of
1231regional impact or binding agreement that addresses
1232proportionate-share mitigation consistent with s. 163.3180(12);
1233or
1234     2.  Binding agreement addressing proportionate fair-share
1235mitigation consistent with s. 163.3180(16)(f) and the property
1236subject to the amendment to the future land use map is located
1237within an area designated in a comprehensive plan for urban
1238infill, urban redevelopment, downtown revitalization, urban
1239infill and redevelopment, or an urban service area. The binding
1240agreement must be based on the maximum amount of development
1241identified by the future land use map amendment or as may be
1242otherwise restricted through a special area plan policy or map
1243notation in the comprehensive plan.
1244     (f)  A local government's comprehensive plan and plan
1245amendments for land uses within all transportation concurrency
1246exception areas that are designated and maintained in accordance
1247with s. 163.3180(5) shall be deemed to meet the requirement to
1248achieve and maintain level-of-service standards for
1249transportation.
1250     (4)(a)  Coordination of the local comprehensive plan with
1251the comprehensive plans of adjacent municipalities, the county,
1252adjacent counties, or the region; with the appropriate water
1253management district's regional water supply plans approved
1254pursuant to s. 373.709; and with adopted rules pertaining to
1255designated areas of critical state concern; and with the state
1256comprehensive plan shall be a major objective of the local
1257comprehensive planning process. To that end, in the preparation
1258of a comprehensive plan or element thereof, and in the
1259comprehensive plan or element as adopted, the governing body
1260shall include a specific policy statement indicating the
1261relationship of the proposed development of the area to the
1262comprehensive plans of adjacent municipalities, the county,
1263adjacent counties, or the region and to the state comprehensive
1264plan, as the case may require and as such adopted plans or plans
1265in preparation may exist.
1266     (b)  When all or a portion of the land in a local
1267government jurisdiction is or becomes part of a designated area
1268of critical state concern, the local government shall clearly
1269identify those portions of the local comprehensive plan that
1270shall be applicable to the critical area and shall indicate the
1271relationship of the proposed development of the area to the
1272rules for the area of critical state concern.
1273     (5)(a)  Each local government comprehensive plan must
1274include at least two planning periods, one covering at least the
1275first 5-year period occurring after the plan's adoption and one
1276covering at least a 10-year period. Additional planning periods
1277for specific components, elements, land use amendments, or
1278projects shall be permissible and accepted as part of the
1279planning process.
1280     (b)  The comprehensive plan and its elements shall contain
1281guidelines or policies policy recommendations for the
1282implementation of the plan and its elements.
1283     (6)  In addition to the requirements of subsections (1)-(5)
1284and (12), the comprehensive plan shall include the following
1285elements:
1286     (a)  A future land use plan element designating proposed
1287future general distribution, location, and extent of the uses of
1288land for residential uses, commercial uses, industry,
1289agriculture, recreation, conservation, education, public
1290buildings and grounds, other public facilities, and other
1291categories of the public and private uses of land. The
1292approximate acreage and the general range of density or
1293intensity of use shall be provided for the gross land area
1294included in each existing land use category. The element shall
1295establish the long-term end toward which land use programs and
1296activities are ultimately directed. Counties are encouraged to
1297designate rural land stewardship areas, pursuant to paragraph
1298(11)(d), as overlays on the future land use map.
1299     1.  Each future land use category must be defined in terms
1300of uses included, and must include standards to be followed in
1301the control and distribution of population densities and
1302building and structure intensities. The proposed distribution,
1303location, and extent of the various categories of land use shall
1304be shown on a land use map or map series which shall be
1305supplemented by goals, policies, and measurable objectives.
1306     2.  The future land use plan and plan amendments shall be
1307based upon surveys, studies, and data regarding the area, as
1308applicable, including:
1309     a.  The amount of land required to accommodate anticipated
1310growth.;
1311     b.  The projected residential and seasonal population of
1312the area.;
1313     c.  The character of undeveloped land.;
1314     d.  The availability of water supplies, public facilities,
1315and services.;
1316     e.  The need for redevelopment, including the renewal of
1317blighted areas and the elimination of nonconforming uses which
1318are inconsistent with the character of the community.;
1319     f.  The compatibility of uses on lands adjacent to or
1320closely proximate to military installations.;
1321     g.  The compatibility of uses on lands adjacent to an
1322airport as defined in s. 330.35 and consistent with s. 333.02.;
1323     h.  The discouragement of urban sprawl.; energy-efficient
1324land use patterns accounting for existing and future electric
1325power generation and transmission systems; greenhouse gas
1326reduction strategies; and, in rural communities,
1327     i.  The need for job creation, capital investment, and
1328economic development that will strengthen and diversify the
1329community's economy.
1330     j.  The need to modify land uses and development patterns
1331within antiquated subdivisions. The future land use plan may
1332designate areas for future planned development use involving
1333combinations of types of uses for which special regulations may
1334be necessary to ensure development in accord with the principles
1335and standards of the comprehensive plan and this act.
1336     3.  The future land use plan element shall include criteria
1337to be used to:
1338     a.  Achieve the compatibility of lands adjacent or closely
1339proximate to military installations, considering factors
1340identified in s. 163.3175(5)., and
1341     b.  Achieve the compatibility of lands adjacent to an
1342airport as defined in s. 330.35 and consistent with s. 333.02.
1343     c.  Encourage preservation of recreational and commercial
1344working waterfronts for water dependent uses in coastal
1345communities.
1346     d.  Encourage the location of schools proximate to urban
1347residential areas to the extent possible.
1348     e.  Coordinate future land uses with the topography and
1349soil conditions, and the availability of facilities and
1350services.
1351     f.  Ensure the protection of natural and historic
1352resources.
1353     g.  Provide for the compatibility of adjacent land uses.
1354     h.  Provide guidelines for the implementation of mixed use
1355development including the types of uses allowed, the percentage
1356distribution among the mix of uses, or other standards, and the
1357density and intensity of each use.
1358     4.  In addition, for rural communities, The amount of land
1359designated for future planned uses industrial use shall provide
1360a balance of uses that foster vibrant, viable communities and
1361economic development opportunities and address outdated
1362development patterns, such as antiquated subdivisions. The
1363amount of land designated for future land uses should allow the
1364operation of real estate markets to provide adequate choices for
1365permanent and seasonal residents and business and be based upon
1366surveys and studies that reflect the need for job creation,
1367capital investment, and the necessity to strengthen and
1368diversify the local economies, and may not be limited solely by
1369the projected population of the rural community. The element
1370shall accommodate at least the minimum amount of land required
1371to accommodate the medium projections of the University of
1372Florida's Bureau of Economic and Business Research for at least
1373a 10-year planning period unless otherwise limited under s.
1374380.05, including related rules of the Administration
1375Commission.
1376     5.  The future land use plan of a county may also designate
1377areas for possible future municipal incorporation.
1378     6.  The land use maps or map series shall generally
1379identify and depict historic district boundaries and shall
1380designate historically significant properties meriting
1381protection. For coastal counties, the future land use element
1382must include, without limitation, regulatory incentives and
1383criteria that encourage the preservation of recreational and
1384commercial working waterfronts as defined in s. 342.07.
1385     7.  The future land use element must clearly identify the
1386land use categories in which public schools are an allowable
1387use. When delineating the land use categories in which public
1388schools are an allowable use, a local government shall include
1389in the categories sufficient land proximate to residential
1390development to meet the projected needs for schools in
1391coordination with public school boards and may establish
1392differing criteria for schools of different type or size. Each
1393local government shall include lands contiguous to existing
1394school sites, to the maximum extent possible, within the land
1395use categories in which public schools are an allowable use. The
1396failure by a local government to comply with these school siting
1397requirements will result in the prohibition of the local
1398government's ability to amend the local comprehensive plan,
1399except for plan amendments described in s. 163.3187(1)(b), until
1400the school siting requirements are met. Amendments proposed by a
1401local government for purposes of identifying the land use
1402categories in which public schools are an allowable use are
1403exempt from the limitation on the frequency of plan amendments
1404contained in s. 163.3187. The future land use element shall
1405include criteria that encourage the location of schools
1406proximate to urban residential areas to the extent possible and
1407shall require that the local government seek to collocate public
1408facilities, such as parks, libraries, and community centers,
1409with schools to the extent possible and to encourage the use of
1410elementary schools as focal points for neighborhoods. For
1411schools serving predominantly rural counties, defined as a
1412county with a population of 100,000 or fewer, an agricultural
1413land use category is eligible for the location of public school
1414facilities if the local comprehensive plan contains school
1415siting criteria and the location is consistent with such
1416criteria.
1417     8.  Future land use map amendments shall be based upon the
1418following analyses:
1419     a.  An analysis of the availability of facilities and
1420services.
1421     b.  An analysis of the suitability of the plan amendment
1422for its proposed use considering the character of the
1423undeveloped land, soils, topography, natural resources, and
1424historic resources on site.
1425     c.  An analysis of the minimum amount of land needed as
1426determined by the local government.
1427     9.  The future land use element and any amendment to the
1428future land use element shall discourage the proliferation of
1429urban sprawl.
1430     a.  The primary indicators that a plan or plan amendment
1431does not discourage the proliferation of urban sprawl are listed
1432below. The evaluation of the presence of these indicators shall
1433consist of an analysis of the plan or plan amendment within the
1434context of features and characteristics unique to each locality
1435in order to determine whether the plan or plan amendment:
1436     (I)  Promotes, allows, or designates for development
1437substantial areas of the jurisdiction to develop as low-
1438intensity, low-density, or single-use development or uses.
1439     (II)  Promotes, allows, or designates significant amounts
1440of urban development to occur in rural areas at substantial
1441distances from existing urban areas while not using undeveloped
1442lands that are available and suitable for development.
1443     (III)  Promotes, allows, or designates urban development in
1444radial, strip, isolated, or ribbon patterns generally emanating
1445from existing urban developments.
1446     (IV)  Fails to adequately protect and conserve natural
1447resources, such as wetlands, floodplains, native vegetation,
1448environmentally sensitive areas, natural groundwater aquifer
1449recharge areas, lakes, rivers, shorelines, beaches, bays,
1450estuarine systems, and other significant natural systems.
1451     (V)  Fails to adequately protect adjacent agricultural
1452areas and activities, including silviculture, active
1453agricultural and silvicultural activities, passive agricultural
1454activities, and dormant, unique, and prime farmlands and soils.
1455     (VI)  Fails to maximize use of existing public facilities
1456and services.
1457     (VII)  Fails to maximize use of future public facilities
1458and services.
1459     (VIII)  Allows for land use patterns or timing which
1460disproportionately increase the cost in time, money, and energy
1461of providing and maintaining facilities and services, including
1462roads, potable water, sanitary sewer, stormwater management, law
1463enforcement, education, health care, fire and emergency
1464response, and general government.
1465     (IX)  Fails to provide a clear separation between rural and
1466urban uses.
1467     (X)  Discourages or inhibits infill development or the
1468redevelopment of existing neighborhoods and communities.
1469     (XI)  Fails to encourage a functional mix of uses.
1470     (XII)  Results in poor accessibility among linked or
1471related land uses.
1472     (XIII)  Results in the loss of significant amounts of
1473functional open space.
1474     b.  The future land use element or plan amendment shall be
1475determined to discourage the proliferation of urban sprawl if it
1476incorporates a development pattern or urban form that achieves
1477four or more of the following:
1478     (I)  Directs or locates economic growth and associated land
1479development to geographic areas of the community in a manner
1480that does not have an adverse impact on and protects natural
1481resources and ecosystems.
1482     (II)  Promotes the efficient and cost-effective provision
1483or extension of public infrastructure and services.
1484     (III)  Promotes walkable and connected communities and
1485provides for compact development and a mix of uses at densities
1486and intensities that will support a range of housing choices and
1487a multimodal transportation system, including pedestrian,
1488bicycle, and transit, if available.
1489     (IV)  Promotes conservation of water and energy.
1490     (V)  Preserves agricultural areas and activities, including
1491silviculture, and dormant, unique, and prime farmlands and
1492soils.
1493     (VI)  Preserves open space and natural lands and provides
1494for public open space and recreation needs.
1495     (VII)  Creates a balance of land uses based upon demands of
1496residential population for the nonresidential needs of an area.
1497     (VIII)  Provides uses, densities, and intensities of use
1498and urban form that would remediate an existing or planned
1499development pattern in the vicinity that constitutes sprawl or
1500if it provides for an innovative development pattern such as
1501transit-oriented developments or new towns as defined in s.
1502163.3164.
1503     10.  The future land use element shall include a future
1504land use map or map series.
1505     a.  The proposed distribution, extent, and location of the
1506following uses shall be shown on the future land use map or map
1507series:
1508     (I)  Residential.
1509     (II)  Commercial.
1510     (III)  Industrial.
1511     (IV)  Agricultural.
1512     (V)  Recreational.
1513     (VI)  Conservation.
1514     (VII)  Educational.
1515     (VIII)  Public.
1516     b.  The following areas shall also be shown on the future
1517land use map or map series, if applicable:
1518     (I)  Historic district boundaries and designated
1519historically significant properties.
1520     (II)  Transportation concurrency management area boundaries
1521or transportation concurrency exception area boundaries.
1522     (III)  Multimodal transportation district boundaries.
1523     (IV)  Mixed use categories.
1524     c.  The following natural resources or conditions shall be
1525shown on the future land use map or map series, if applicable:
1526     (I)  Existing and planned public potable waterwells, cones
1527of influence, and wellhead protection areas.
1528     (II)  Beaches and shores, including estuarine systems.
1529     (III)  Rivers, bays, lakes, floodplains, and harbors.
1530     (IV)  Wetlands.
1531     (V)  Minerals and soils.
1532     (VI)  Coastal high hazard areas.
1533     11.  Local governments required to update or amend their
1534comprehensive plan to include criteria and address compatibility
1535of lands adjacent or closely proximate to existing military
1536installations, or lands adjacent to an airport as defined in s.
1537330.35 and consistent with s. 333.02, in their future land use
1538plan element shall transmit the update or amendment to the state
1539land planning agency by June 30, 2012.
1540     (b)  A transportation element addressing mobility issues in
1541relationship to the size and character of the local government.
1542The purpose of the transportation element shall be to plan for a
1543multimodal transportation system that places emphasis on public
1544transportation systems, where feasible. The element shall
1545provide for a safe, convenient multimodal transportation system,
1546coordinated with the future land use map or map series and
1547designed to support all elements of the comprehensive plan. A
1548local government that has all or part of its jurisdiction
1549included within the metropolitan planning area of a metropolitan
1550planning organization (M.P.O.) pursuant to s. 339.175 shall
1551prepare and adopt a transportation element consistent with this
1552subsection. Local governments that are not located within the
1553metropolitan planning area of an M.P.O. shall address traffic
1554circulation, mass transit, and ports, and aviation and related
1555facilities consistent with this subsection, except that local
1556governments with a population of 50,000 or less shall only be
1557required to address transportation circulation. The element
1558shall be coordinated with the plans and programs of any
1559applicable metropolitan planning organization, transportation
1560authority, Florida Transportation Plan, and Department of
1561Transportation's adopted work program.
1562     1.  Each local government's transportation element shall
1563address
1564     (b)  A traffic circulation, including element consisting of
1565the types, locations, and extent of existing and proposed major
1566thoroughfares and transportation routes, including bicycle and
1567pedestrian ways. Transportation corridors, as defined in s.
1568334.03, may be designated in the transportation traffic
1569circulation element pursuant to s. 337.273. If the
1570transportation corridors are designated, the local government
1571may adopt a transportation corridor management ordinance. The
1572element shall include a map or map series showing the general
1573location of the existing and proposed transportation system
1574features and shall be coordinated with the future land use map
1575or map series. The element shall reflect the data, analysis, and
1576associated principles and strategies relating to:
1577     a.  The existing transportation system levels of service
1578and system needs and the availability of transportation
1579facilities and services.
1580     b.  The growth trends and travel patterns and interactions
1581between land use and transportation.
1582     c.  Existing and projected intermodal deficiencies and
1583needs.
1584     d.  The projected transportation system levels of service
1585and system needs based upon the future land use map and the
1586projected integrated transportation system.
1587     e.  How the local government will correct existing facility
1588deficiencies, meet the identified needs of the projected
1589transportation system, and advance the purpose of this paragraph
1590and the other elements of the comprehensive plan.
1591     2.  Local governments within a metropolitan planning area
1592designated as an M.P.O. pursuant to s. 339.175 shall also
1593address:
1594     a.  All alternative modes of travel, such as public
1595transportation, pedestrian, and bicycle travel.
1596     b.  Aviation, rail, seaport facilities, access to those
1597facilities, and intermodal terminals.
1598     c.  The capability to evacuate the coastal population
1599before an impending natural disaster.
1600     d.  Airports, projected airport and aviation development,
1601and land use compatibility around airports, which includes areas
1602defined in ss. 333.01 and 333.02.
1603     e.  An identification of land use densities, building
1604intensities, and transportation management programs to promote
1605public transportation systems in designated public
1606transportation corridors so as to encourage population densities
1607sufficient to support such systems.
1608     3.  Municipalities having populations greater than 50,000,
1609and counties having populations greater than 75,000, shall
1610include mass-transit provisions showing proposed methods for the
1611moving of people, rights-of-way, terminals, and related
1612facilities and shall address:
1613     a.  The provision of efficient public transit services
1614based upon existing and proposed major trip generators and
1615attractors, safe and convenient public transit terminals, land
1616uses, and accommodation of the special needs of the
1617transportation disadvantaged.
1618     b.  Plans for port, aviation, and related facilities
1619coordinated with the general circulation and transportation
1620element.
1621     c.  Plans for the circulation of recreational traffic,
1622including bicycle facilities, exercise trails, riding
1623facilities, and such other matters as may be related to the
1624improvement and safety of movement of all types of recreational
1625traffic.
1626     4.  At the option of a local government, an airport master
1627plan, and any subsequent amendments to the airport master plan,
1628prepared by a licensed publicly owned and operated airport under
1629s. 333.06 may be incorporated into the local government
1630comprehensive plan by the local government having jurisdiction
1631under this act for the area in which the airport or projected
1632airport development is located by the adoption of a
1633comprehensive plan amendment. In the amendment to the local
1634comprehensive plan that integrates the airport master plan, the
1635comprehensive plan amendment shall address land use
1636compatibility consistent with chapter 333 regarding airport
1637zoning; the provision of regional transportation facilities for
1638the efficient use and operation of the transportation system and
1639airport; consistency with the local government transportation
1640circulation element and applicable M.P.O. long-range
1641transportation plans; the execution of any necessary interlocal
1642agreements for the purposes of the provision of public
1643facilities and services to maintain the adopted level-of-service
1644standards for facilities subject to concurrency; and may address
1645airport-related or aviation-related development. Development or
1646expansion of an airport consistent with the adopted airport
1647master plan that has been incorporated into the local
1648comprehensive plan in compliance with this part, and airport-
1649related or aviation-related development that has been addressed
1650in the comprehensive plan amendment that incorporates the
1651airport master plan, do not constitute a development of regional
1652impact. Notwithstanding any other general law, an airport that
1653has received a development-of-regional-impact development order
1654pursuant to s. 380.06, but which is no longer required to
1655undergo development-of-regional-impact review pursuant to this
1656subsection, may rescind its development-of-regional-impact order
1657upon written notification to the applicable local government.
1658Upon receipt by the local government, the development-of-
1659regional-impact development order shall be deemed rescinded. The
1660traffic circulation element shall incorporate transportation
1661strategies to address reduction in greenhouse gas emissions from
1662the transportation sector.
1663     (c)  A general sanitary sewer, solid waste, drainage,
1664potable water, and natural groundwater aquifer recharge element
1665correlated to principles and guidelines for future land use,
1666indicating ways to provide for future potable water, drainage,
1667sanitary sewer, solid waste, and aquifer recharge protection
1668requirements for the area. The element may be a detailed
1669engineering plan including a topographic map depicting areas of
1670prime groundwater recharge.
1671     1.  Each local government shall address in the data and
1672analyses required by this section those facilities that provide
1673service within the local government's jurisdiction. Local
1674governments that provide facilities to serve areas within other
1675local government jurisdictions shall also address those
1676facilities in the data and analyses required by this section,
1677using data from the comprehensive plan for those areas for the
1678purpose of projecting facility needs as required in this
1679subsection. For shared facilities, each local government shall
1680indicate the proportional capacity of the systems allocated to
1681serve its jurisdiction.
1682     2.  The element shall describe the problems and needs and
1683the general facilities that will be required for solution of the
1684problems and needs, including correcting existing facility
1685deficiencies. The element shall address coordinating the
1686extension of, or increase in the capacity of, facilities to meet
1687future needs while maximizing the use of existing facilities and
1688discouraging urban sprawl; conservation of potable water
1689resources; and protecting the functions of natural groundwater
1690recharge areas and natural drainage features. The element shall
1691also include a topographic map depicting any areas adopted by a
1692regional water management district as prime groundwater recharge
1693areas for the Floridan or Biscayne aquifers. These areas shall
1694be given special consideration when the local government is
1695engaged in zoning or considering future land use for said
1696designated areas. For areas served by septic tanks, soil surveys
1697shall be provided which indicate the suitability of soils for
1698septic tanks.
1699     3.  Within 18 months after the governing board approves an
1700updated regional water supply plan, the element must incorporate
1701the alternative water supply project or projects selected by the
1702local government from those identified in the regional water
1703supply plan pursuant to s. 373.709(2)(a) or proposed by the
1704local government under s. 373.709(8)(b). If a local government
1705is located within two water management districts, the local
1706government shall adopt its comprehensive plan amendment within
170718 months after the later updated regional water supply plan.
1708The element must identify such alternative water supply projects
1709and traditional water supply projects and conservation and reuse
1710necessary to meet the water needs identified in s. 373.709(2)(a)
1711within the local government's jurisdiction and include a work
1712plan, covering at least a 10-year planning period, for building
1713public, private, and regional water supply facilities, including
1714development of alternative water supplies, which are identified
1715in the element as necessary to serve existing and new
1716development. The work plan shall be updated, at a minimum, every
17175 years within 18 months after the governing board of a water
1718management district approves an updated regional water supply
1719plan. Amendments to incorporate the work plan do not count
1720toward the limitation on the frequency of adoption of amendments
1721to the comprehensive plan. Local governments, public and private
1722utilities, regional water supply authorities, special districts,
1723and water management districts are encouraged to cooperatively
1724plan for the development of multijurisdictional water supply
1725facilities that are sufficient to meet projected demands for
1726established planning periods, including the development of
1727alternative water sources to supplement traditional sources of
1728groundwater and surface water supplies.
1729     (d)  A conservation element for the conservation, use, and
1730protection of natural resources in the area, including air,
1731water, water recharge areas, wetlands, waterwells, estuarine
1732marshes, soils, beaches, shores, flood plains, rivers, bays,
1733lakes, harbors, forests, fisheries and wildlife, marine habitat,
1734minerals, and other natural and environmental resources,
1735including factors that affect energy conservation.
1736     1.  The following natural resources, where present within
1737the local government's boundaries, shall be identified and
1738analyzed and existing recreational or conservation uses, known
1739pollution problems, including hazardous wastes, and the
1740potential for conservation, recreation, use, or protection shall
1741also be identified:
1742     a.  Rivers, bays, lakes, wetlands including estuarine
1743marshes, groundwaters, and springs, including information on
1744quality of the resource available.
1745     b.  Floodplains.
1746     c.  Known sources of commercially valuable minerals.
1747     d.  Areas known to have experienced soil erosion problems.
1748     e.  Areas that are the location of recreationally and
1749commercially important fish or shellfish, wildlife, marine
1750habitats, and vegetative communities, including forests,
1751indicating known dominant species present and species listed by
1752federal, state, or local government agencies as endangered,
1753threatened, or species of special concern.
1754     2.  The element must contain principles, guidelines, and
1755standards for conservation that provide long-term goals and
1756which:
1757     a.  Protects air quality.
1758     b.  Conserves, appropriately uses, and protects the quality
1759and quantity of current and projected water sources and waters
1760that flow into estuarine waters or oceanic waters and protect
1761from activities and land uses known to affect adversely the
1762quality and quantity of identified water sources, including
1763natural groundwater recharge areas, wellhead protection areas,
1764and surface waters used as a source of public water supply.
1765     c.  Provides for the emergency conservation of water
1766sources in accordance with the plans of the regional water
1767management district.
1768     d.  Conserves, appropriately uses, and protects minerals,
1769soils, and native vegetative communities, including forests,
1770from destruction by development activities.
1771     e.  Conserves, appropriately uses, and protects fisheries,
1772wildlife, wildlife habitat, and marine habitat and restricts
1773activities known to adversely affect the survival of endangered
1774and threatened wildlife.
1775     f.  Protects existing natural reservations identified in
1776the recreation and open space element.
1777     g.  Maintains cooperation with adjacent local governments
1778to conserve, appropriately use, or protect unique vegetative
1779communities located within more than one local jurisdiction.
1780     h.  Designates environmentally sensitive lands for
1781protection based on locally determined criteria which further
1782the goals and objectives of the conservation element.
1783     i.  Manages hazardous waste to protect natural resources.
1784     j.  Protects and conserves wetlands and the natural
1785functions of wetlands.
1786     k.  Directs future land uses that are incompatible with the
1787protection and conservation of wetlands and wetland functions
1788away from wetlands. The type, intensity or density, extent,
1789distribution, and location of allowable land uses and the types,
1790values, functions, sizes, conditions, and locations of wetlands
1791are land use factors that shall be considered when directing
1792incompatible land uses away from wetlands. Land uses shall be
1793distributed in a manner that minimizes the effect and impact on
1794wetlands. The protection and conservation of wetlands by the
1795direction of incompatible land uses away from wetlands shall
1796occur in combination with other principles, guidelines,
1797standards, and strategies in the comprehensive plan. Where
1798incompatible land uses are allowed to occur, mitigation shall be
1799considered as one means to compensate for loss of wetlands
1800functions.
1801     3.  Local governments shall assess their Current and, as
1802well as projected, water needs and sources for at least a 10-
1803year period based on the demands for industrial, agricultural,
1804and potable water use and the quality and quantity of water
1805available to meet these demands shall be analyzed.  The analysis
1806shall consider the existing levels of water conservation, use,
1807and protection and applicable policies of the regional water
1808management district and further must consider, considering the
1809appropriate regional water supply plan approved pursuant to s.
1810373.709, or, in the absence of an approved regional water supply
1811plan, the district water management plan approved pursuant to s.
1812373.036(2). This information shall be submitted to the
1813appropriate agencies. The land use map or map series contained
1814in the future land use element shall generally identify and
1815depict the following:
1816     1.  Existing and planned waterwells and cones of influence
1817where applicable.
1818     2.  Beaches and shores, including estuarine systems.
1819     3.  Rivers, bays, lakes, flood plains, and harbors.
1820     4.  Wetlands.
1821     5.  Minerals and soils.
1822     6.  Energy conservation.
1823
1824The land uses identified on such maps shall be consistent with
1825applicable state law and rules.
1826     (e)  A recreation and open space element indicating a
1827comprehensive system of public and private sites for recreation,
1828including, but not limited to, natural reservations, parks and
1829playgrounds, parkways, beaches and public access to beaches,
1830open spaces, waterways, and other recreational facilities.
1831     (f)1.  A housing element consisting of standards, plans,
1832and principles, guidelines, standards, and strategies to be
1833followed in:
1834     a.  The provision of housing for all current and
1835anticipated future residents of the jurisdiction.
1836     b.  The elimination of substandard dwelling conditions.
1837     c.  The structural and aesthetic improvement of existing
1838housing.
1839     d.  The provision of adequate sites for future housing,
1840including affordable workforce housing as defined in s.
1841380.0651(3)(h)(j), housing for low-income, very low-income, and
1842moderate-income families, mobile homes, and group home
1843facilities and foster care facilities, with supporting
1844infrastructure and public facilities.
1845     e.  Provision for relocation housing and identification of
1846historically significant and other housing for purposes of
1847conservation, rehabilitation, or replacement.
1848     f.  The formulation of housing implementation programs.
1849     g.  The creation or preservation of affordable housing to
1850minimize the need for additional local services and avoid the
1851concentration of affordable housing units only in specific areas
1852of the jurisdiction.
1853     h.  Energy efficiency in the design and construction of new
1854housing.
1855     i.  Use of renewable energy resources.
1856     j.  Each county in which the gap between the buying power
1857of a family of four and the median county home sale price
1858exceeds $170,000, as determined by the Florida Housing Finance
1859Corporation, and which is not designated as an area of critical
1860state concern shall adopt a plan for ensuring affordable
1861workforce housing. At a minimum, the plan shall identify
1862adequate sites for such housing. For purposes of this sub-
1863subparagraph, the term "workforce housing" means housing that is
1864affordable to natural persons or families whose total household
1865income does not exceed 140 percent of the area median income,
1866adjusted for household size.
1867     k.  As a precondition to receiving any state affordable
1868housing funding or allocation for any project or program within
1869the jurisdiction of a county that is subject to sub-subparagraph
1870j., a county must, by July 1 of each year, provide certification
1871that the county has complied with the requirements of sub-
1872subparagraph j.
1873     2.  The principles, guidelines, standards, and strategies
1874goals, objectives, and policies of the housing element must be
1875based on the data and analysis prepared on housing needs,
1876including an inventory taken from the latest decennial United
1877States Census or more recent estimates, which shall include the
1878number and distribution of dwelling units by type, tenure, age,
1879rent, value, monthly cost of owner-occupied units, and rent or
1880cost to income ratio, and shall show the number of dwelling
1881units that are substandard. The inventory shall also include the
1882methodology used to estimate the condition of housing, a
1883projection of the anticipated number of households by size,
1884income range, and age of residents derived from the population
1885projections, and the minimum housing need of the current and
1886anticipated future residents of the jurisdiction the affordable
1887housing needs assessment.
1888     3.  The housing element must express principles,
1889guidelines, standards, and strategies that reflect, as needed,
1890the creation and preservation of affordable housing for all
1891current and anticipated future residents of the jurisdiction,
1892elimination of substandard housing conditions, adequate sites,
1893and distribution of housing for a range of incomes and types,
1894including mobile and manufactured homes. The element must
1895provide for specific programs and actions to partner with
1896private and nonprofit sectors to address housing needs in the
1897jurisdiction, streamline the permitting process, and minimize
1898costs and delays for affordable housing, establish standards to
1899address the quality of housing, stabilization of neighborhoods,
1900and identification and improvement of historically significant
1901housing.
1902     4.  State and federal housing plans prepared on behalf of
1903the local government must be consistent with the goals,
1904objectives, and policies of the housing element. Local
1905governments are encouraged to use job training, job creation,
1906and economic solutions to address a portion of their affordable
1907housing concerns.
1908     2.  To assist local governments in housing data collection
1909and analysis and assure uniform and consistent information
1910regarding the state's housing needs, the state land planning
1911agency shall conduct an affordable housing needs assessment for
1912all local jurisdictions on a schedule that coordinates the
1913implementation of the needs assessment with the evaluation and
1914appraisal reports required by s. 163.3191. Each local government
1915shall utilize the data and analysis from the needs assessment as
1916one basis for the housing element of its local comprehensive
1917plan. The agency shall allow a local government the option to
1918perform its own needs assessment, if it uses the methodology
1919established by the agency by rule.
1920     (g)1.  For those units of local government identified in s.
1921380.24, a coastal management element, appropriately related to
1922the particular requirements of paragraphs (d) and (e) and
1923meeting the requirements of s. 163.3178(2) and (3). The coastal
1924management element shall set forth the principles, guidelines,
1925standards, and strategies policies that shall guide the local
1926government's decisions and program implementation with respect
1927to the following objectives:
1928     1.a.  Maintain, restore, and enhance Maintenance,
1929restoration, and enhancement of the overall quality of the
1930coastal zone environment, including, but not limited to, its
1931amenities and aesthetic values.
1932     2.b.  Preserve the continued existence of viable
1933populations of all species of wildlife and marine life.
1934     3.c.  Protect the orderly and balanced utilization and
1935preservation, consistent with sound conservation principles, of
1936all living and nonliving coastal zone resources.
1937     4.d.  Avoid Avoidance of irreversible and irretrievable
1938loss of coastal zone resources.
1939     5.e.  Use ecological planning principles and assumptions to
1940be used in the determination of the suitability and extent of
1941permitted development.
1942     f.  Proposed management and regulatory techniques.
1943     6.g.  Limit Limitation of public expenditures that
1944subsidize development in high-hazard coastal high-hazard areas.
1945     7.h.  Protect Protection of human life against the effects
1946of natural disasters.
1947     8.i.  Direct the orderly development, maintenance, and use
1948of ports identified in s. 403.021(9) to facilitate deepwater
1949commercial navigation and other related activities.
1950     9.j.  Preserve historic and archaeological resources, which
1951include the Preservation, including sensitive adaptive use of
1952these historic and archaeological resources.
1953     2.  As part of this element, a local government that has a
1954coastal management element in its comprehensive plan is
1955encouraged to adopt recreational surface water use policies that
1956include applicable criteria for and consider such factors as
1957natural resources, manatee protection needs, protection of
1958working waterfronts and public access to the water, and
1959recreation and economic demands. Criteria for manatee protection
1960in the recreational surface water use policies should reflect
1961applicable guidance outlined in the Boat Facility Siting Guide
1962prepared by the Fish and Wildlife Conservation Commission. If
1963the local government elects to adopt recreational surface water
1964use policies by comprehensive plan amendment, such comprehensive
1965plan amendment is exempt from the provisions of s. 163.3187(1).
1966Local governments that wish to adopt recreational surface water
1967use policies may be eligible for assistance with the development
1968of such policies through the Florida Coastal Management Program.
1969The Office of Program Policy Analysis and Government
1970Accountability shall submit a report on the adoption of
1971recreational surface water use policies under this subparagraph
1972to the President of the Senate, the Speaker of the House of
1973Representatives, and the majority and minority leaders of the
1974Senate and the House of Representatives no later than December
19751, 2010.
1976     (h)1.  An intergovernmental coordination element showing
1977relationships and stating principles and guidelines to be used
1978in coordinating the adopted comprehensive plan with the plans of
1979school boards, regional water supply authorities, and other
1980units of local government providing services but not having
1981regulatory authority over the use of land, with the
1982comprehensive plans of adjacent municipalities, the county,
1983adjacent counties, or the region, with the state comprehensive
1984plan and with the applicable regional water supply plan approved
1985pursuant to s. 373.709, as the case may require and as such
1986adopted plans or plans in preparation may exist. This element of
1987the local comprehensive plan must demonstrate consideration of
1988the particular effects of the local plan, when adopted, upon the
1989development of adjacent municipalities, the county, adjacent
1990counties, or the region, or upon the state comprehensive plan,
1991as the case may require.
1992     a.  The intergovernmental coordination element must provide
1993procedures for identifying and implementing joint planning
1994areas, especially for the purpose of annexation, municipal
1995incorporation, and joint infrastructure service areas.
1996     b.  The intergovernmental coordination element must provide
1997for recognition of campus master plans prepared pursuant to s.
19981013.30 and airport master plans under paragraph (k).
1999     c.  The intergovernmental coordination element shall
2000provide for a dispute resolution process, as established
2001pursuant to s. 186.509, for bringing intergovernmental disputes
2002to closure in a timely manner.
2003     c.d.  The intergovernmental coordination element shall
2004provide for interlocal agreements as established pursuant to s.
2005333.03(1)(b).
2006     2.  The intergovernmental coordination element shall also
2007state principles and guidelines to be used in coordinating the
2008adopted comprehensive plan with the plans of school boards and
2009other units of local government providing facilities and
2010services but not having regulatory authority over the use of
2011land. In addition, the intergovernmental coordination element
2012must describe joint processes for collaborative planning and
2013decisionmaking on population projections and public school
2014siting, the location and extension of public facilities subject
2015to concurrency, and siting facilities with countywide
2016significance, including locally unwanted land uses whose nature
2017and identity are established in an agreement.
2018     3.  Within 1 year after adopting their intergovernmental
2019coordination elements, each county, all the municipalities
2020within that county, the district school board, and any unit of
2021local government service providers in that county shall
2022establish by interlocal or other formal agreement executed by
2023all affected entities, the joint processes described in this
2024subparagraph consistent with their adopted intergovernmental
2025coordination elements. The element must:
2026     a.  Ensure that the local government addresses through
2027coordination mechanisms the impacts of development proposed in
2028the local comprehensive plan upon development in adjacent
2029municipalities, the county, adjacent counties, the region, and
2030the state. The area of concern for municipalities shall include
2031adjacent municipalities, the county, and counties adjacent to
2032the municipality. The area of concern for counties shall include
2033all municipalities within the county, adjacent counties, and
2034adjacent municipalities.
2035     b.  Ensure coordination in establishing level of service
2036standards for public facilities with any state, regional, or
2037local entity having operational and maintenance responsibility
2038for such facilities.
2039     3.  To foster coordination between special districts and
2040local general-purpose governments as local general-purpose
2041governments implement local comprehensive plans, each
2042independent special district must submit a public facilities
2043report to the appropriate local government as required by s.
2044189.415.
2045     4.  Local governments shall execute an interlocal agreement
2046with the district school board, the county, and nonexempt
2047municipalities pursuant to s. 163.31777. The local government
2048shall amend the intergovernmental coordination element to ensure
2049that coordination between the local government and school board
2050is pursuant to the agreement and shall state the obligations of
2051the local government under the agreement. Plan amendments that
2052comply with this subparagraph are exempt from the provisions of
2053s. 163.3187(1).
2054     5.  By January 1, 2004, any county having a population
2055greater than 100,000, and the municipalities and special
2056districts within that county, shall submit a report to the
2057Department of Community Affairs which identifies:
2058     a.   All existing or proposed interlocal service delivery
2059agreements relating to education; sanitary sewer; public safety;
2060solid waste; drainage; potable water; parks and recreation; and
2061transportation facilities.
2062     b.   Any deficits or duplication in the provision of
2063services within its jurisdiction, whether capital or
2064operational. Upon request, the Department of Community Affairs
2065shall provide technical assistance to the local governments in
2066identifying deficits or duplication.
2067     6.  Within 6 months after submission of the report, the
2068Department of Community Affairs shall, through the appropriate
2069regional planning council, coordinate a meeting of all local
2070governments within the regional planning area to discuss the
2071reports and potential strategies to remedy any identified
2072deficiencies or duplications.
2073     7.  Each local government shall update its
2074intergovernmental coordination element based upon the findings
2075in the report submitted pursuant to subparagraph 5. The report
2076may be used as supporting data and analysis for the
2077intergovernmental coordination element.
2078     (i)  The optional elements of the comprehensive plan in
2079paragraphs (7)(a) and (b) are required elements for those
2080municipalities having populations greater than 50,000, and those
2081counties having populations greater than 75,000, as determined
2082under s. 186.901.
2083     (j)  For each unit of local government within an urbanized
2084area designated for purposes of s. 339.175, a transportation
2085element, which must be prepared and adopted in lieu of the
2086requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
2087and (d) and which shall address the following issues:
2088     1.  Traffic circulation, including major thoroughfares and
2089other routes, including bicycle and pedestrian ways.
2090     2.  All alternative modes of travel, such as public
2091transportation, pedestrian, and bicycle travel.
2092     3.  Parking facilities.
2093     4.  Aviation, rail, seaport facilities, access to those
2094facilities, and intermodal terminals.
2095     5.  The availability of facilities and services to serve
2096existing land uses and the compatibility between future land use
2097and transportation elements.
2098     6.  The capability to evacuate the coastal population prior
2099to an impending natural disaster.
2100     7.  Airports, projected airport and aviation development,
2101and land use compatibility around airports, which includes areas
2102defined in ss. 333.01 and 333.02.
2103     8.  An identification of land use densities, building
2104intensities, and transportation management programs to promote
2105public transportation systems in designated public
2106transportation corridors so as to encourage population densities
2107sufficient to support such systems.
2108     9.  May include transportation corridors, as defined in s.
2109334.03, intended for future transportation facilities designated
2110pursuant to s. 337.273. If transportation corridors are
2111designated, the local government may adopt a transportation
2112corridor management ordinance.
2113     10.  The incorporation of transportation strategies to
2114address reduction in greenhouse gas emissions from the
2115transportation sector.
2116     (k)  An airport master plan, and any subsequent amendments
2117to the airport master plan, prepared by a licensed publicly
2118owned and operated airport under s. 333.06 may be incorporated
2119into the local government comprehensive plan by the local
2120government having jurisdiction under this act for the area in
2121which the airport or projected airport development is located by
2122the adoption of a comprehensive plan amendment. In the amendment
2123to the local comprehensive plan that integrates the airport
2124master plan, the comprehensive plan amendment shall address land
2125use compatibility consistent with chapter 333 regarding airport
2126zoning; the provision of regional transportation facilities for
2127the efficient use and operation of the transportation system and
2128airport; consistency with the local government transportation
2129circulation element and applicable metropolitan planning
2130organization long-range transportation plans; and the execution
2131of any necessary interlocal agreements for the purposes of the
2132provision of public facilities and services to maintain the
2133adopted level-of-service standards for facilities subject to
2134concurrency; and may address airport-related or aviation-related
2135development. Development or expansion of an airport consistent
2136with the adopted airport master plan that has been incorporated
2137into the local comprehensive plan in compliance with this part,
2138and airport-related or aviation-related development that has
2139been addressed in the comprehensive plan amendment that
2140incorporates the airport master plan, shall not be a development
2141of regional impact. Notwithstanding any other general law, an
2142airport that has received a development-of-regional-impact
2143development order pursuant to s. 380.06, but which is no longer
2144required to undergo development-of-regional-impact review
2145pursuant to this subsection, may abandon its development-of-
2146regional-impact order upon written notification to the
2147applicable local government. Upon receipt by the local
2148government, the development-of-regional-impact development order
2149is void.
2150     (7)  The comprehensive plan may include the following
2151additional elements, or portions or phases thereof:
2152     (a)  As a part of the circulation element of paragraph
2153(6)(b) or as a separate element, a mass-transit element showing
2154proposed methods for the moving of people, rights-of-way,
2155terminals, related facilities, and fiscal considerations for the
2156accomplishment of the element.
2157     (b)  As a part of the circulation element of paragraph
2158(6)(b) or as a separate element, plans for port, aviation, and
2159related facilities coordinated with the general circulation and
2160transportation element.
2161     (c)  As a part of the circulation element of paragraph
2162(6)(b) and in coordination with paragraph (6)(e), where
2163applicable, a plan element for the circulation of recreational
2164traffic, including bicycle facilities, exercise trails, riding
2165facilities, and such other matters as may be related to the
2166improvement and safety of movement of all types of recreational
2167traffic.
2168     (d)  As a part of the circulation element of paragraph
2169(6)(b) or as a separate element, a plan element for the
2170development of offstreet parking facilities for motor vehicles
2171and the fiscal considerations for the accomplishment of the
2172element.
2173     (e)  A public buildings and related facilities element
2174showing locations and arrangements of civic and community
2175centers, public schools, hospitals, libraries, police and fire
2176stations, and other public buildings. This plan element should
2177show particularly how it is proposed to effect coordination with
2178governmental units, such as school boards or hospital
2179authorities, having public development and service
2180responsibilities, capabilities, and potential but not having
2181land development regulatory authority. This element may include
2182plans for architecture and landscape treatment of their grounds.
2183     (f)  A recommended community design element which may
2184consist of design recommendations for land subdivision,
2185neighborhood development and redevelopment, design of open space
2186locations, and similar matters to the end that such
2187recommendations may be available as aids and guides to
2188developers in the future planning and development of land in the
2189area.
2190     (g)  A general area redevelopment element consisting of
2191plans and programs for the redevelopment of slums and blighted
2192locations in the area and for community redevelopment, including
2193housing sites, business and industrial sites, public buildings
2194sites, recreational facilities, and other purposes authorized by
2195law.
2196     (h)  A safety element for the protection of residents and
2197property of the area from fire, hurricane, or manmade or natural
2198catastrophe, including such necessary features for protection as
2199evacuation routes and their control in an emergency, water
2200supply requirements, minimum road widths, clearances around and
2201elevations of structures, and similar matters.
2202     (i)  An historical and scenic preservation element setting
2203out plans and programs for those structures or lands in the area
2204having historical, archaeological, architectural, scenic, or
2205similar significance.
2206     (j)  An economic element setting forth principles and
2207guidelines for the commercial and industrial development, if
2208any, and the employment and personnel utilization within the
2209area. The element may detail the type of commercial and
2210industrial development sought, correlated to the present and
2211projected employment needs of the area and to other elements of
2212the plans, and may set forth methods by which a balanced and
2213stable economic base will be pursued.
2214     (k)  Such other elements as may be peculiar to, and
2215necessary for, the area concerned and as are added to the
2216comprehensive plan by the governing body upon the recommendation
2217of the local planning agency.
2218     (l)  Local governments that are not required to prepare
2219coastal management elements under s. 163.3178 are encouraged to
2220adopt hazard mitigation/postdisaster redevelopment plans. These
2221plans should, at a minimum, establish long-term policies
2222regarding redevelopment, infrastructure, densities,
2223nonconforming uses, and future land use patterns. Grants to
2224assist local governments in the preparation of these hazard
2225mitigation/postdisaster redevelopment plans shall be available
2226through the Emergency Management Preparedness and Assistance
2227Account in the Grants and Donations Trust Fund administered by
2228the department, if such account is created by law. The plans
2229must be in compliance with the requirements of this act and
2230chapter 252.
2231     (8)  All elements of the comprehensive plan, whether
2232mandatory or optional, shall be based upon data appropriate to
2233the element involved. Surveys and studies utilized in the
2234preparation of the comprehensive plan shall not be deemed a part
2235of the comprehensive plan unless adopted as a part of it. Copies
2236of such studies, surveys, and supporting documents shall be made
2237available to public inspection, and copies of such plans shall
2238be made available to the public upon payment of reasonable
2239charges for reproduction.
2240     (9)  The state land planning agency shall, by February 15,
22411986, adopt by rule minimum criteria for the review and
2242determination of compliance of the local government
2243comprehensive plan elements required by this act. Such rules
2244shall not be subject to rule challenges under s. 120.56(2) or to
2245drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2246become effective only after they have been submitted to the
2247President of the Senate and the Speaker of the House of
2248Representatives for review by the Legislature no later than 30
2249days prior to the next regular session of the Legislature. In
2250its review the Legislature may reject, modify, or take no action
2251relative to the rules. The agency shall conform the rules to the
2252changes made by the Legislature, or, if no action was taken, the
2253agency rules shall become effective. The rule shall include
2254criteria for determining whether:
2255     (a)  Proposed elements are in compliance with the
2256requirements of part II, as amended by this act.
2257     (b)  Other elements of the comprehensive plan are related
2258to and consistent with each other.
2259     (c)  The local government comprehensive plan elements are
2260consistent with the state comprehensive plan and the appropriate
2261regional policy plan pursuant to s. 186.508.
2262     (d)  Certain bays, estuaries, and harbors that fall under
2263the jurisdiction of more than one local government are managed
2264in a consistent and coordinated manner in the case of local
2265governments required to include a coastal management element in
2266their comprehensive plans pursuant to paragraph (6)(g).
2267     (e)  Proposed elements identify the mechanisms and
2268procedures for monitoring, evaluating, and appraising
2269implementation of the plan. Specific measurable objectives are
2270included to provide a basis for evaluating effectiveness as
2271required by s. 163.3191.
2272     (f)  Proposed elements contain policies to guide future
2273decisions in a consistent manner.
2274     (g)  Proposed elements contain programs and activities to
2275ensure that comprehensive plans are implemented.
2276     (h)  Proposed elements identify the need for and the
2277processes and procedures to ensure coordination of all
2278development activities and services with other units of local
2279government, regional planning agencies, water management
2280districts, and state and federal agencies as appropriate.
2281
2282The state land planning agency may adopt procedural rules that
2283are consistent with this section and chapter 120 for the review
2284of local government comprehensive plan elements required under
2285this section. The state land planning agency shall provide model
2286plans and ordinances and, upon request, other assistance to
2287local governments in the adoption and implementation of their
2288revised local government comprehensive plans. The review and
2289comment provisions applicable prior to October 1, 1985, shall
2290continue in effect until the criteria for review and
2291determination are adopted pursuant to this subsection and the
2292comprehensive plans required by s. 163.3167(2) are due.
2293     (10)  The Legislature recognizes the importance and
2294significance of chapter 9J-5, Florida Administrative Code, the
2295Minimum Criteria for Review of Local Government Comprehensive
2296Plans and Determination of Compliance of the Department of
2297Community Affairs that will be used to determine compliance of
2298local comprehensive plans. The Legislature reserved unto itself
2299the right to review chapter 9J-5, Florida Administrative Code,
2300and to reject, modify, or take no action relative to this rule.
2301Therefore, pursuant to subsection (9), the Legislature hereby
2302has reviewed chapter 9J-5, Florida Administrative Code, and
2303expresses the following legislative intent:
2304     (a)  The Legislature finds that in order for the department
2305to review local comprehensive plans, it is necessary to define
2306the term "consistency." Therefore, for the purpose of
2307determining whether local comprehensive plans are consistent
2308with the state comprehensive plan and the appropriate regional
2309policy plan, a local plan shall be consistent with such plans if
2310the local plan is "compatible with" and "furthers" such plans.
2311The term "compatible with" means that the local plan is not in
2312conflict with the state comprehensive plan or appropriate
2313regional policy plan. The term "furthers" means to take action
2314in the direction of realizing goals or policies of the state or
2315regional plan. For the purposes of determining consistency of
2316the local plan with the state comprehensive plan or the
2317appropriate regional policy plan, the state or regional plan
2318shall be construed as a whole and no specific goal and policy
2319shall be construed or applied in isolation from the other goals
2320and policies in the plans.
2321     (b)  Each local government shall review all the state
2322comprehensive plan goals and policies and shall address in its
2323comprehensive plan the goals and policies which are relevant to
2324the circumstances or conditions in its jurisdiction. The
2325decision regarding which particular state comprehensive plan
2326goals and policies will be furthered by the expenditure of a
2327local government's financial resources in any given year is a
2328decision which rests solely within the discretion of the local
2329government. Intergovernmental coordination, as set forth in
2330paragraph (6)(h), shall be utilized to the extent required to
2331carry out the provisions of chapter 9J-5, Florida Administrative
2332Code.
2333     (c)  The Legislature declares that if any portion of
2334chapter 9J-5, Florida Administrative Code, is found to be in
2335conflict with this part, the appropriate statutory provision
2336shall prevail.
2337     (d)  Chapter 9J-5, Florida Administrative Code, does not
2338mandate the creation, limitation, or elimination of regulatory
2339authority, nor does it authorize the adoption or require the
2340repeal of any rules, criteria, or standards of any local,
2341regional, or state agency.
2342     (e)  It is the Legislature's intent that support data or
2343summaries thereof shall not be subject to the compliance review
2344process, but the Legislature intends that goals and policies be
2345clearly based on appropriate data. The department may utilize
2346support data or summaries thereof to aid in its determination of
2347compliance and consistency. The Legislature intends that the
2348department may evaluate the application of a methodology
2349utilized in data collection or whether a particular methodology
2350is professionally accepted. However, the department shall not
2351evaluate whether one accepted methodology is better than
2352another. Chapter 9J-5, Florida Administrative Code, shall not be
2353construed to require original data collection by local
2354governments; however, Local governments are not to be
2355discouraged from utilizing original data so long as
2356methodologies are professionally accepted.
2357     (f)  The Legislature recognizes that under this section,
2358local governments are charged with setting levels of service for
2359public facilities in their comprehensive plans in accordance
2360with which development orders and permits will be issued
2361pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2362the authority of state, regional, or local agencies as otherwise
2363provided by law.
2364     (g)  Definitions contained in chapter 9J-5, Florida
2365Administrative Code, are not intended to modify or amend the
2366definitions utilized for purposes of other programs or rules or
2367to establish or limit regulatory authority. Local governments
2368may establish alternative definitions in local comprehensive
2369plans, as long as such definitions accomplish the intent of this
2370chapter, and chapter 9J-5, Florida Administrative Code.
2371     (h)  It is the intent of the Legislature that public
2372facilities and services needed to support development shall be
2373available concurrent with the impacts of such development in
2374accordance with s. 163.3180. In meeting this intent, public
2375facility and service availability shall be deemed sufficient if
2376the public facilities and services for a development are phased,
2377or the development is phased, so that the public facilities and
2378those related services which are deemed necessary by the local
2379government to operate the facilities necessitated by that
2380development are available concurrent with the impacts of the
2381development. The public facilities and services, unless already
2382available, are to be consistent with the capital improvements
2383element of the local comprehensive plan as required by paragraph
2384(3)(a) or guaranteed in an enforceable development agreement.
2385This shall include development agreements pursuant to this
2386chapter or in an agreement or a development order issued
2387pursuant to chapter 380. Nothing herein shall be construed to
2388require a local government to address services in its capital
2389improvements plan or to limit a local government's ability to
2390address any service in its capital improvements plan that it
2391deems necessary.
2392     (i)  The department shall take into account the factors
2393delineated in rule 9J-5.002(2), Florida Administrative Code, as
2394it provides assistance to local governments and applies the rule
2395in specific situations with regard to the detail of the data and
2396analysis required.
2397     (j)  Chapter 9J-5, Florida Administrative Code, has become
2398effective pursuant to subsection (9). The Legislature hereby
2399directs the department to adopt amendments as necessary which
2400conform chapter 9J-5, Florida Administrative Code, with the
2401requirements of this legislative intent by October 1, 1986.
2402     (k)  In order for local governments to prepare and adopt
2403comprehensive plans with knowledge of the rules that are applied
2404to determine consistency of the plans with this part, there
2405should be no doubt as to the legal standing of chapter 9J-5,
2406Florida Administrative Code, at the close of the 1986
2407legislative session. Therefore, the Legislature declares that
2408changes made to chapter 9J-5 before October 1, 1986, are not
2409subject to rule challenges under s. 120.56(2), or to drawout
2410proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2411Florida Administrative Code, as amended, is subject to rule
2412challenges under s. 120.56(3), as nothing herein indicates
2413approval or disapproval of any portion of chapter 9J-5 not
2414specifically addressed herein. Any amendments to chapter 9J-5,
2415Florida Administrative Code, exclusive of the amendments adopted
2416prior to October 1, 1986, pursuant to this act, shall be subject
2417to the full chapter 120 process. All amendments shall have
2418effective dates as provided in chapter 120 and submission to the
2419President of the Senate and Speaker of the House of
2420Representatives shall not be required.
2421     (l)  The state land planning agency shall consider land use
2422compatibility issues in the vicinity of all airports in
2423coordination with the Department of Transportation and adjacent
2424to or in close proximity to all military installations in
2425coordination with the Department of Defense.
2426     (11)(a)  The Legislature recognizes the need for innovative
2427planning and development strategies which will address the
2428anticipated demands of continued urbanization of Florida's
2429coastal and other environmentally sensitive areas, and which
2430will accommodate the development of less populated regions of
2431the state which seek economic development and which have
2432suitable land and water resources to accommodate growth in an
2433environmentally acceptable manner. The Legislature further
2434recognizes the substantial advantages of innovative approaches
2435to development which may better serve to protect environmentally
2436sensitive areas, maintain the economic viability of agricultural
2437and other predominantly rural land uses, and provide for the
2438cost-efficient delivery of public facilities and services.
2439     (b)  It is the intent of the Legislature that the local
2440government comprehensive plans and plan amendments adopted
2441pursuant to the provisions of this part provide for a planning
2442process which allows for land use efficiencies within existing
2443urban areas and which also allows for the conversion of rural
2444lands to other uses, where appropriate and consistent with the
2445other provisions of this part and the affected local
2446comprehensive plans, through the application of innovative and
2447flexible planning and development strategies and creative land
2448use planning techniques, which may include, but not be limited
2449to, urban villages, new towns, satellite communities, area-based
2450allocations, clustering and open space provisions, mixed-use
2451development, and sector planning.
2452     (c)  It is the further intent of the Legislature that local
2453government comprehensive plans and implementing land development
2454regulations shall provide strategies which maximize the use of
2455existing facilities and services through redevelopment, urban
2456infill development, and other strategies for urban
2457revitalization.
2458     (d)1.  The department, in cooperation with the Department
2459of Agriculture and Consumer Services, the Department of
2460Environmental Protection, water management districts, and
2461regional planning councils, shall provide assistance to local
2462governments in the implementation of this paragraph and rule 9J-
24635.006(5)(l), Florida Administrative Code. Implementation of
2464those provisions shall include a process by which the department
2465may authorize local governments to designate all or portions of
2466lands classified in the future land use element as predominantly
2467agricultural, rural, open, open-rural, or a substantively
2468equivalent land use, as a rural land stewardship area within
2469which planning and economic incentives are applied to encourage
2470the implementation of innovative and flexible planning and
2471development strategies and creative land use planning
2472techniques, including those contained herein and in rule 9J-
24735.006(5)(l), Florida Administrative Code. Assistance may
2474include, but is not limited to:
2475     a.  Assistance from the Department of Environmental
2476Protection and water management districts in creating the
2477geographic information systems land cover database and aerial
2478photogrammetry needed to prepare for a rural land stewardship
2479area;
2480     b.  Support for local government implementation of rural
2481land stewardship concepts by providing information and
2482assistance to local governments regarding land acquisition
2483programs that may be used by the local government or landowners
2484to leverage the protection of greater acreage and maximize the
2485effectiveness of rural land stewardship areas; and
2486     c.  Expansion of the role of the Department of Community
2487Affairs as a resource agency to facilitate establishment of
2488rural land stewardship areas in smaller rural counties that do
2489not have the staff or planning budgets to create a rural land
2490stewardship area.
2491     2.  The department shall encourage participation by local
2492governments of different sizes and rural characteristics in
2493establishing and implementing rural land stewardship areas. It
2494is the intent of the Legislature that rural land stewardship
2495areas be used to further the following broad principles of rural
2496sustainability: restoration and maintenance of the economic
2497value of rural land; control of urban sprawl; identification and
2498protection of ecosystems, habitats, and natural resources;
2499promotion of rural economic activity; maintenance of the
2500viability of Florida's agricultural economy; and protection of
2501the character of rural areas of Florida. Rural land stewardship
2502areas may be multicounty in order to encourage coordinated
2503regional stewardship planning.
2504     3.  A local government, in conjunction with a regional
2505planning council, a stakeholder organization of private land
2506owners, or another local government, shall notify the department
2507in writing of its intent to designate a rural land stewardship
2508area. The written notification shall describe the basis for the
2509designation, including the extent to which the rural land
2510stewardship area enhances rural land values, controls urban
2511sprawl, provides necessary open space for agriculture and
2512protection of the natural environment, promotes rural economic
2513activity, and maintains rural character and the economic
2514viability of agriculture.
2515     4.  A rural land stewardship area shall be not less than
251610,000 acres and shall be located outside of municipalities and
2517established urban growth boundaries, and shall be designated by
2518plan amendment. The plan amendment designating a rural land
2519stewardship area shall be subject to review by the Department of
2520Community Affairs pursuant to s. 163.3184 and shall provide for
2521the following:
2522     a.  Criteria for the designation of receiving areas within
2523rural land stewardship areas in which innovative planning and
2524development strategies may be applied. Criteria shall at a
2525minimum provide for the following: adequacy of suitable land to
2526accommodate development so as to avoid conflict with
2527environmentally sensitive areas, resources, and habitats;
2528compatibility between and transition from higher density uses to
2529lower intensity rural uses; the establishment of receiving area
2530service boundaries which provide for a separation between
2531receiving areas and other land uses within the rural land
2532stewardship area through limitations on the extension of
2533services; and connection of receiving areas with the rest of the
2534rural land stewardship area using rural design and rural road
2535corridors.
2536     b.  Goals, objectives, and policies setting forth the
2537innovative planning and development strategies to be applied
2538within rural land stewardship areas pursuant to the provisions
2539of this section.
2540     c.  A process for the implementation of innovative planning
2541and development strategies within the rural land stewardship
2542area, including those described in this subsection and rule 9J-
25435.006(5)(l), Florida Administrative Code, which provide for a
2544functional mix of land uses, including adequate available
2545workforce housing, including low, very-low and moderate income
2546housing for the development anticipated in the receiving area
2547and which are applied through the adoption by the local
2548government of zoning and land development regulations applicable
2549to the rural land stewardship area.
2550     d.  A process which encourages visioning pursuant to s.
2551163.3167(11) to ensure that innovative planning and development
2552strategies comply with the provisions of this section.
2553     e.  The control of sprawl through the use of innovative
2554strategies and creative land use techniques consistent with the
2555provisions of this subsection and rule 9J-5.006(5)(l), Florida
2556Administrative Code.
2557     5.  A receiving area shall be designated by the adoption of
2558a land development regulation. Prior to the designation of a
2559receiving area, the local government shall provide the
2560Department of Community Affairs a period of 30 days in which to
2561review a proposed receiving area for consistency with the rural
2562land stewardship area plan amendment and to provide comments to
2563the local government. At the time of designation of a
2564stewardship receiving area, a listed species survey will be
2565performed. If listed species occur on the receiving area site,
2566the developer shall coordinate with each appropriate local,
2567state, or federal agency to determine if adequate provisions
2568have been made to protect those species in accordance with
2569applicable regulations. In determining the adequacy of
2570provisions for the protection of listed species and their
2571habitats, the rural land stewardship area shall be considered as
2572a whole, and the impacts to areas to be developed as receiving
2573areas shall be considered together with the environmental
2574benefits of areas protected as sending areas in fulfilling this
2575criteria.
2576     6.  Upon the adoption of a plan amendment creating a rural
2577land stewardship area, the local government shall, by ordinance,
2578establish the methodology for the creation, conveyance, and use
2579of transferable rural land use credits, otherwise referred to as
2580stewardship credits, the application of which shall not
2581constitute a right to develop land, nor increase density of
2582land, except as provided by this section. The total amount of
2583transferable rural land use credits within the rural land
2584stewardship area must enable the realization of the long-term
2585vision and goals for the 25-year or greater projected population
2586of the rural land stewardship area, which may take into
2587consideration the anticipated effect of the proposed receiving
2588areas. Transferable rural land use credits are subject to the
2589following limitations:
2590     a.  Transferable rural land use credits may only exist
2591within a rural land stewardship area.
2592     b.  Transferable rural land use credits may only be used on
2593lands designated as receiving areas and then solely for the
2594purpose of implementing innovative planning and development
2595strategies and creative land use planning techniques adopted by
2596the local government pursuant to this section.
2597     c.  Transferable rural land use credits assigned to a
2598parcel of land within a rural land stewardship area shall cease
2599to exist if the parcel of land is removed from the rural land
2600stewardship area by plan amendment.
2601     d.  Neither the creation of the rural land stewardship area
2602by plan amendment nor the assignment of transferable rural land
2603use credits by the local government shall operate to displace
2604the underlying density of land uses assigned to a parcel of land
2605within the rural land stewardship area; however, if transferable
2606rural land use credits are transferred from a parcel for use
2607within a designated receiving area, the underlying density
2608assigned to the parcel of land shall cease to exist.
2609     e.  The underlying density on each parcel of land located
2610within a rural land stewardship area shall not be increased or
2611decreased by the local government, except as a result of the
2612conveyance or use of transferable rural land use credits, as
2613long as the parcel remains within the rural land stewardship
2614area.
2615     f.  Transferable rural land use credits shall cease to
2616exist on a parcel of land where the underlying density assigned
2617to the parcel of land is utilized.
2618     g.  An increase in the density of use on a parcel of land
2619located within a designated receiving area may occur only
2620through the assignment or use of transferable rural land use
2621credits and shall not require a plan amendment.
2622     h.  A change in the density of land use on parcels located
2623within receiving areas shall be specified in a development order
2624which reflects the total number of transferable rural land use
2625credits assigned to the parcel of land and the infrastructure
2626and support services necessary to provide for a functional mix
2627of land uses corresponding to the plan of development.
2628     i.  Land within a rural land stewardship area may be
2629removed from the rural land stewardship area through a plan
2630amendment.
2631     j.  Transferable rural land use credits may be assigned at
2632different ratios of credits per acre according to the natural
2633resource or other beneficial use characteristics of the land and
2634according to the land use remaining following the transfer of
2635credits, with the highest number of credits per acre assigned to
2636the most environmentally valuable land or, in locations where
2637the retention of open space and agricultural land is a priority,
2638to such lands.
2639     k.  The use or conveyance of transferable rural land use
2640credits must be recorded in the public records of the county in
2641which the property is located as a covenant or restrictive
2642easement running with the land in favor of the county and either
2643the Department of Environmental Protection, Department of
2644Agriculture and Consumer Services, a water management district,
2645or a recognized statewide land trust.
2646     7.  Owners of land within rural land stewardship areas
2647should be provided incentives to enter into rural land
2648stewardship agreements, pursuant to existing law and rules
2649adopted thereto, with state agencies, water management
2650districts, and local governments to achieve mutually agreed upon
2651conservation objectives. Such incentives may include, but not be
2652limited to, the following:
2653     a.  Opportunity to accumulate transferable mitigation
2654credits.
2655     b.  Extended permit agreements.
2656     c.  Opportunities for recreational leases and ecotourism.
2657     d.  Payment for specified land management services on
2658publicly owned land, or property under covenant or restricted
2659easement in favor of a public entity.
2660     e.  Option agreements for sale to public entities or
2661private land conservation entities, in either fee or easement,
2662upon achievement of conservation objectives.
2663     8.  The department shall report to the Legislature on an
2664annual basis on the results of implementation of rural land
2665stewardship areas authorized by the department, including
2666successes and failures in achieving the intent of the
2667Legislature as expressed in this paragraph.
2668     (e)  The Legislature finds that mixed-use, high-density
2669development is appropriate for urban infill and redevelopment
2670areas. Mixed-use projects accommodate a variety of uses,
2671including residential and commercial, and usually at higher
2672densities that promote pedestrian-friendly, sustainable
2673communities. The Legislature recognizes that mixed-use, high-
2674density development improves the quality of life for residents
2675and businesses in urban areas. The Legislature finds that mixed-
2676use, high-density redevelopment and infill benefits residents by
2677creating a livable community with alternative modes of
2678transportation. Furthermore, the Legislature finds that local
2679zoning ordinances often discourage mixed-use, high-density
2680development in areas that are appropriate for urban infill and
2681redevelopment. The Legislature intends to discourage single-use
2682zoning in urban areas which often leads to lower-density, land-
2683intensive development outside an urban service area. Therefore,
2684the Department of Community Affairs shall provide technical
2685assistance to local governments in order to encourage mixed-use,
2686high-density urban infill and redevelopment projects.
2687     (f)  The Legislature finds that a program for the transfer
2688of development rights is a useful tool to preserve historic
2689buildings and create public open spaces in urban areas. A
2690program for the transfer of development rights allows the
2691transfer of density credits from historic properties and public
2692open spaces to areas designated for high-density development.
2693The Legislature recognizes that high-density development is
2694integral to the success of many urban infill and redevelopment
2695projects. The Legislature intends to encourage high-density
2696urban infill and redevelopment while preserving historic
2697structures and open spaces. Therefore, the Department of
2698Community Affairs shall provide technical assistance to local
2699governments in order to promote the transfer of development
2700rights within urban areas for high-density infill and
2701redevelopment projects.
2702     (g)  The implementation of this subsection shall be subject
2703to the provisions of this chapter, chapters 186 and 187, and
2704applicable agency rules.
2705     (h)  The department may adopt rules necessary to implement
2706the provisions of this subsection.
2707     (12)  A public school facilities element adopted to
2708implement a school concurrency program shall meet the
2709requirements of this subsection. Each county and each
2710municipality within the county, unless exempt or subject to a
2711waiver, must adopt a public school facilities element that is
2712consistent with those adopted by the other local governments
2713within the county and enter the interlocal agreement pursuant to
2714s. 163.31777.
2715     (a)  The state land planning agency may provide a waiver to
2716a county and to the municipalities within the county if the
2717capacity rate for all schools within the school district is no
2718greater than 100 percent and the projected 5-year capital outlay
2719full-time equivalent student growth rate is less than 10
2720percent. The state land planning agency may allow for a
2721projected 5-year capital outlay full-time equivalent student
2722growth rate to exceed 10 percent when the projected 10-year
2723capital outlay full-time equivalent student enrollment is less
2724than 2,000 students and the capacity rate for all schools within
2725the school district in the tenth year will not exceed the 100-
2726percent limitation. The state land planning agency may allow for
2727a single school to exceed the 100-percent limitation if it can
2728be demonstrated that the capacity rate for that single school is
2729not greater than 105 percent. In making this determination, the
2730state land planning agency shall consider the following
2731criteria:
2732     1.  Whether the exceedance is due to temporary
2733circumstances;
2734     2.  Whether the projected 5-year capital outlay full time
2735equivalent student growth rate for the school district is
2736approaching the 10-percent threshold;
2737     3.  Whether one or more additional schools within the
2738school district are at or approaching the 100-percent threshold;
2739and
2740     4.  The adequacy of the data and analysis submitted to
2741support the waiver request.
2742     (b)  A municipality in a nonexempt county is exempt if the
2743municipality meets all of the following criteria for having no
2744significant impact on school attendance:
2745     1.  The municipality has issued development orders for
2746fewer than 50 residential dwelling units during the preceding 5
2747years, or the municipality has generated fewer than 25
2748additional public school students during the preceding 5 years.
2749     2.  The municipality has not annexed new land during the
2750preceding 5 years in land use categories that permit residential
2751uses that will affect school attendance rates.
2752     3.  The municipality has no public schools located within
2753its boundaries.
2754     (c)  A public school facilities element shall be based upon
2755data and analyses that address, among other items, how level-of-
2756service standards will be achieved and maintained. Such data and
2757analyses must include, at a minimum, such items as: the
2758interlocal agreement adopted pursuant to s. 163.31777 and the 5-
2759year school district facilities work program adopted pursuant to
2760s. 1013.35; the educational plant survey prepared pursuant to s.
27611013.31 and an existing educational and ancillary plant map or
2762map series; information on existing development and development
2763anticipated for the next 5 years and the long-term planning
2764period; an analysis of problems and opportunities for existing
2765schools and schools anticipated in the future; an analysis of
2766opportunities to collocate future schools with other public
2767facilities such as parks, libraries, and community centers; an
2768analysis of the need for supporting public facilities for
2769existing and future schools; an analysis of opportunities to
2770locate schools to serve as community focal points; projected
2771future population and associated demographics, including
2772development patterns year by year for the upcoming 5-year and
2773long-term planning periods; and anticipated educational and
2774ancillary plants with land area requirements.
2775     (d)  The element shall contain one or more goals which
2776establish the long-term end toward which public school programs
2777and activities are ultimately directed.
2778     (e)  The element shall contain one or more objectives for
2779each goal, setting specific, measurable, intermediate ends that
2780are achievable and mark progress toward the goal.
2781     (f)  The element shall contain one or more policies for
2782each objective which establish the way in which programs and
2783activities will be conducted to achieve an identified goal.
2784     (g)  The objectives and policies shall address items such
2785as:
2786     1.  The procedure for an annual update process;
2787     2.  The procedure for school site selection;
2788     3.  The procedure for school permitting;
2789     4.  Provision for infrastructure necessary to support
2790proposed schools, including potable water, wastewater, drainage,
2791solid waste, transportation, and means by which to assure safe
2792access to schools, including sidewalks, bicycle paths, turn
2793lanes, and signalization;
2794     5.  Provision for colocation of other public facilities,
2795such as parks, libraries, and community centers, in proximity to
2796public schools;
2797     6.  Provision for location of schools proximate to
2798residential areas and to complement patterns of development,
2799including the location of future school sites so they serve as
2800community focal points;
2801     7.  Measures to ensure compatibility of school sites and
2802surrounding land uses;
2803     8.  Coordination with adjacent local governments and the
2804school district on emergency preparedness issues, including the
2805use of public schools to serve as emergency shelters; and
2806     9.  Coordination with the future land use element.
2807     (h)  The element shall include one or more future
2808conditions maps which depict the anticipated location of
2809educational and ancillary plants, including the general location
2810of improvements to existing schools or new schools anticipated
2811over the 5-year or long-term planning period. The maps will of
2812necessity be general for the long-term planning period and more
2813specific for the 5-year period. Maps indicating general
2814locations of future schools or school improvements may not
2815prescribe a land use on a particular parcel of land.
2816     (i)  The state land planning agency shall establish a
2817phased schedule for adoption of the public school facilities
2818element and the required updates to the public schools
2819interlocal agreement pursuant to s. 163.31777. The schedule
2820shall provide for each county and local government within the
2821county to adopt the element and update to the agreement no later
2822than December 1, 2008. Plan amendments to adopt a public school
2823facilities element are exempt from the provisions of s.
2824163.3187(1).
2825     (j)  The state land planning agency may issue a notice to
2826the school board and the local government to show cause why
2827sanctions should not be enforced for failure to enter into an
2828approved interlocal agreement as required by s. 163.31777 or for
2829failure to implement provisions relating to public school
2830concurrency. If the state land planning agency finds that
2831insufficient cause exists for the school board's or local
2832government's failure to enter into an approved interlocal
2833agreement as required by s. 163.31777 or for the school board's
2834or local government's failure to implement the provisions
2835relating to public school concurrency, the state land planning
2836agency shall submit its finding to the Administration Commission
2837which may impose on the local government any of the sanctions
2838set forth in s. 163.3184(11)(a) and (b) and may impose on the
2839district school board any of the sanctions set forth in s.
28401008.32(4).
2841     (13)  Local governments are encouraged to develop a
2842community vision that provides for sustainable growth,
2843recognizes its fiscal constraints, and protects its natural
2844resources. At the request of a local government, the applicable
2845regional planning council shall provide assistance in the
2846development of a community vision.
2847     (a)  As part of the process of developing a community
2848vision under this section, the local government must hold two
2849public meetings with at least one of those meetings before the
2850local planning agency. Before those public meetings, the local
2851government must hold at least one public workshop with
2852stakeholder groups such as neighborhood associations, community
2853organizations, businesses, private property owners, housing and
2854development interests, and environmental organizations.
2855     (b)  The local government must, at a minimum, discuss five
2856of the following topics as part of the workshops and public
2857meetings required under paragraph (a):
2858     1.  Future growth in the area using population forecasts
2859from the Bureau of Economic and Business Research;
2860     2.  Priorities for economic development;
2861     3.  Preservation of open space, environmentally sensitive
2862lands, and agricultural lands;
2863     4.  Appropriate areas and standards for mixed-use
2864development;
2865     5.  Appropriate areas and standards for high-density
2866commercial and residential development;
2867     6.  Appropriate areas and standards for economic
2868development opportunities and employment centers;
2869     7.  Provisions for adequate workforce housing;
2870     8.  An efficient, interconnected multimodal transportation
2871system; and
2872     9.  Opportunities to create land use patterns that
2873accommodate the issues listed in subparagraphs 1.-8.
2874     (c)  As part of the workshops and public meetings, the
2875local government must discuss strategies for addressing the
2876topics discussed under paragraph (b), including:
2877     1.  Strategies to preserve open space and environmentally
2878sensitive lands, and to encourage a healthy agricultural
2879economy, including innovative planning and development
2880strategies, such as the transfer of development rights;
2881     2.  Incentives for mixed-use development, including
2882increased height and intensity standards for buildings that
2883provide residential use in combination with office or commercial
2884space;
2885     3.  Incentives for workforce housing;
2886     4.  Designation of an urban service boundary pursuant to
2887subsection (2); and
2888     5.  Strategies to provide mobility within the community and
2889to protect the Strategic Intermodal System, including the
2890development of a transportation corridor management plan under
2891s. 337.273.
2892     (d)  The community vision must reflect the community's
2893shared concept for growth and development of the community,
2894including visual representations depicting the desired land use
2895patterns and character of the community during a 10-year
2896planning timeframe. The community vision must also take into
2897consideration economic viability of the vision and private
2898property interests.
2899     (e)  After the workshops and public meetings required under
2900paragraph (a) are held, the local government may amend its
2901comprehensive plan to include the community vision as a
2902component in the plan. This plan amendment must be transmitted
2903and adopted pursuant to the procedures in ss. 163.3184 and
2904163.3189 at public hearings of the governing body other than
2905those identified in paragraph (a).
2906     (f)  Amendments submitted under this subsection are exempt
2907from the limitation on the frequency of plan amendments in s.
2908163.3187.
2909     (g)  A local government that has developed a community
2910vision or completed a visioning process after July 1, 2000, and
2911before July 1, 2005, which substantially accomplishes the goals
2912set forth in this subsection and the appropriate goals,
2913policies, or objectives have been adopted as part of the
2914comprehensive plan or reflected in subsequently adopted land
2915development regulations and the plan amendment incorporating the
2916community vision as a component has been found in compliance is
2917eligible for the incentives in s. 163.3184(17).
2918     (14)  Local governments are also encouraged to designate an
2919urban service boundary. This area must be appropriate for
2920compact, contiguous urban development within a 10-year planning
2921timeframe. The urban service area boundary must be identified on
2922the future land use map or map series. The local government
2923shall demonstrate that the land included within the urban
2924service boundary is served or is planned to be served with
2925adequate public facilities and services based on the local
2926government's adopted level-of-service standards by adopting a
292710-year facilities plan in the capital improvements element
2928which is financially feasible. The local government shall
2929demonstrate that the amount of land within the urban service
2930boundary does not exceed the amount of land needed to
2931accommodate the projected population growth at densities
2932consistent with the adopted comprehensive plan within the 10-
2933year planning timeframe.
2934     (a)  As part of the process of establishing an urban
2935service boundary, the local government must hold two public
2936meetings with at least one of those meetings before the local
2937planning agency. Before those public meetings, the local
2938government must hold at least one public workshop with
2939stakeholder groups such as neighborhood associations, community
2940organizations, businesses, private property owners, housing and
2941development interests, and environmental organizations.
2942     (b)1.  After the workshops and public meetings required
2943under paragraph (a) are held, the local government may amend its
2944comprehensive plan to include the urban service boundary. This
2945plan amendment must be transmitted and adopted pursuant to the
2946procedures in ss. 163.3184 and 163.3189 at meetings of the
2947governing body other than those required under paragraph (a).
2948     2.  This subsection does not prohibit new development
2949outside an urban service boundary. However, a local government
2950that establishes an urban service boundary under this subsection
2951is encouraged to require a full-cost-accounting analysis for any
2952new development outside the boundary and to consider the results
2953of that analysis when adopting a plan amendment for property
2954outside the established urban service boundary.
2955     (c)  Amendments submitted under this subsection are exempt
2956from the limitation on the frequency of plan amendments in s.
2957163.3187.
2958     (d)  A local government that has adopted an urban service
2959boundary before July 1, 2005, which substantially accomplishes
2960the goals set forth in this subsection is not required to comply
2961with paragraph (a) or subparagraph 1. of paragraph (b) in order
2962to be eligible for the incentives under s. 163.3184(17). In
2963order to satisfy the provisions of this paragraph, the local
2964government must secure a determination from the state land
2965planning agency that the urban service boundary adopted before
2966July 1, 2005, substantially complies with the criteria of this
2967subsection, based on data and analysis submitted by the local
2968government to support this determination. The determination by
2969the state land planning agency is not subject to administrative
2970challenge.
2971     (7)(15)(a)  The Legislature finds that:
2972     1.  There are a number of rural agricultural industrial
2973centers in the state that process, produce, or aid in the
2974production or distribution of a variety of agriculturally based
2975products, including, but not limited to, fruits, vegetables,
2976timber, and other crops, and juices, paper, and building
2977materials. Rural agricultural industrial centers have a
2978significant amount of existing associated infrastructure that is
2979used for processing, producing, or distributing agricultural
2980products.
2981     2.  Such rural agricultural industrial centers are often
2982located within or near communities in which the economy is
2983largely dependent upon agriculture and agriculturally based
2984products. The centers significantly enhance the economy of such
2985communities. However, these agriculturally based communities are
2986often socioeconomically challenged and designated as rural areas
2987of critical economic concern. If such rural agricultural
2988industrial centers are lost and not replaced with other job-
2989creating enterprises, the agriculturally based communities will
2990lose a substantial amount of their economies.
2991     3.  The state has a compelling interest in preserving the
2992viability of agriculture and protecting rural agricultural
2993communities and the state from the economic upheaval that would
2994result from short-term or long-term adverse changes in the
2995agricultural economy. To protect these communities and promote
2996viable agriculture for the long term, it is essential to
2997encourage and permit diversification of existing rural
2998agricultural industrial centers by providing for jobs that are
2999not solely dependent upon, but are compatible with and
3000complement, existing agricultural industrial operations and to
3001encourage the creation and expansion of industries that use
3002agricultural products in innovative ways. However, the expansion
3003and diversification of these existing centers must be
3004accomplished in a manner that does not promote urban sprawl into
3005surrounding agricultural and rural areas.
3006     (b)  As used in this subsection, the term "rural
3007agricultural industrial center" means a developed parcel of land
3008in an unincorporated area on which there exists an operating
3009agricultural industrial facility or facilities that employ at
3010least 200 full-time employees in the aggregate and process and
3011prepare for transport a farm product, as defined in s. 163.3162,
3012or any biomass material that could be used, directly or
3013indirectly, for the production of fuel, renewable energy,
3014bioenergy, or alternative fuel as defined by law. The center may
3015also include land contiguous to the facility site which is not
3016used for the cultivation of crops, but on which other existing
3017activities essential to the operation of such facility or
3018facilities are located or conducted. The parcel of land must be
3019located within, or within 10 miles of, a rural area of critical
3020economic concern.
3021     (c)1.  A landowner whose land is located within a rural
3022agricultural industrial center may apply for an amendment to the
3023local government comprehensive plan for the purpose of
3024designating and expanding the existing agricultural industrial
3025uses of facilities located within the center or expanding the
3026existing center to include industrial uses or facilities that
3027are not dependent upon but are compatible with agriculture and
3028the existing uses and facilities. A local government
3029comprehensive plan amendment under this paragraph must:
3030     a.  Not increase the physical area of the existing rural
3031agricultural industrial center by more than 50 percent or 320
3032acres, whichever is greater.
3033     b.  Propose a project that would, upon completion, create
3034at least 50 new full-time jobs.
3035     c.  Demonstrate that sufficient infrastructure capacity
3036exists or will be provided to support the expanded center at the
3037level-of-service standards adopted in the local government
3038comprehensive plan.
3039     d.  Contain goals, objectives, and policies that will
3040ensure that any adverse environmental impacts of the expanded
3041center will be adequately addressed and mitigation implemented
3042or demonstrate that the local government comprehensive plan
3043contains such provisions.
3044     2.  Within 6 months after receiving an application as
3045provided in this paragraph, the local government shall transmit
3046the application to the state land planning agency for review
3047pursuant to this chapter together with any needed amendments to
3048the applicable sections of its comprehensive plan to include
3049goals, objectives, and policies that provide for the expansion
3050of rural agricultural industrial centers and discourage urban
3051sprawl in the surrounding areas. Such goals, objectives, and
3052policies must promote and be consistent with the findings in
3053this subsection. An amendment that meets the requirements of
3054this subsection is presumed not to be urban sprawl as defined in
3055s. 163.3164 consistent with rule 9J-5.006(5), Florida
3056Administrative Code. This presumption may be rebutted by a
3057preponderance of the evidence.
3058     (d)  This subsection does not apply to an optional sector
3059plan adopted pursuant to s. 163.3245, a rural land stewardship
3060area designated pursuant to s. 163.3248 subsection (11), or any
3061comprehensive plan amendment that includes an inland port
3062terminal or affiliated port development.
3063     (e)  Nothing in this subsection shall be construed to
3064confer the status of rural area of critical economic concern, or
3065any of the rights or benefits derived from such status, on any
3066land area not otherwise designated as such pursuant to s.
3067288.0656(7).
3068     Section 13.  Section 163.31777, Florida Statutes, is
3069amended to read:
3070     163.31777  Public schools interlocal agreement.-
3071     (1)(a)  The county and municipalities located within the
3072geographic area of a school district shall enter into an
3073interlocal agreement with the district school board which
3074jointly establishes the specific ways in which the plans and
3075processes of the district school board and the local governments
3076are to be coordinated. The interlocal agreements shall be
3077submitted to the state land planning agency and the Office of
3078Educational Facilities in accordance with a schedule published
3079by the state land planning agency.
3080     (b)  The schedule must establish staggered due dates for
3081submission of interlocal agreements that are executed by both
3082the local government and the district school board, commencing
3083on March 1, 2003, and concluding by December 1, 2004, and must
3084set the same date for all governmental entities within a school
3085district. However, if the county where the school district is
3086located contains more than 20 municipalities, the state land
3087planning agency may establish staggered due dates for the
3088submission of interlocal agreements by these municipalities. The
3089schedule must begin with those areas where both the number of
3090districtwide capital-outlay full-time-equivalent students equals
309180 percent or more of the current year's school capacity and the
3092projected 5-year student growth is 1,000 or greater, or where
3093the projected 5-year student growth rate is 10 percent or
3094greater.
3095     (c)  If the student population has declined over the 5-year
3096period preceding the due date for submittal of an interlocal
3097agreement by the local government and the district school board,
3098the local government and the district school board may petition
3099the state land planning agency for a waiver of one or more
3100requirements of subsection (2). The waiver must be granted if
3101the procedures called for in subsection (2) are unnecessary
3102because of the school district's declining school age
3103population, considering the district's 5-year facilities work
3104program prepared pursuant to s. 1013.35. The state land planning
3105agency may modify or revoke the waiver upon a finding that the
3106conditions upon which the waiver was granted no longer exist.
3107The district school board and local governments must submit an
3108interlocal agreement within 1 year after notification by the
3109state land planning agency that the conditions for a waiver no
3110longer exist.
3111     (d)  Interlocal agreements between local governments and
3112district school boards adopted pursuant to s. 163.3177 before
3113the effective date of this section must be updated and executed
3114pursuant to the requirements of this section, if necessary.
3115Amendments to interlocal agreements adopted pursuant to this
3116section must be submitted to the state land planning agency
3117within 30 days after execution by the parties for review
3118consistent with this section. Local governments and the district
3119school board in each school district are encouraged to adopt a
3120single interlocal agreement to which all join as parties. The
3121state land planning agency shall assemble and make available
3122model interlocal agreements meeting the requirements of this
3123section and notify local governments and, jointly with the
3124Department of Education, the district school boards of the
3125requirements of this section, the dates for compliance, and the
3126sanctions for noncompliance. The state land planning agency
3127shall be available to informally review proposed interlocal
3128agreements. If the state land planning agency has not received a
3129proposed interlocal agreement for informal review, the state
3130land planning agency shall, at least 60 days before the deadline
3131for submission of the executed agreement, renotify the local
3132government and the district school board of the upcoming
3133deadline and the potential for sanctions.
3134     (2)  At a minimum, the interlocal agreement must address
3135interlocal-agreement requirements in s. 163.3180(13)(g), except
3136for exempt local governments as provided in s. 163.3177(12), and
3137must address the following issues:
3138     (a)  A process by which each local government and the
3139district school board agree and base their plans on consistent
3140projections of the amount, type, and distribution of population
3141growth and student enrollment. The geographic distribution of
3142jurisdiction-wide growth forecasts is a major objective of the
3143process.
3144     (b)  A process to coordinate and share information relating
3145to existing and planned public school facilities, including
3146school renovations and closures, and local government plans for
3147development and redevelopment.
3148     (c)  Participation by affected local governments with the
3149district school board in the process of evaluating potential
3150school closures, significant renovations to existing schools,
3151and new school site selection before land acquisition. Local
3152governments shall advise the district school board as to the
3153consistency of the proposed closure, renovation, or new site
3154with the local comprehensive plan, including appropriate
3155circumstances and criteria under which a district school board
3156may request an amendment to the comprehensive plan for school
3157siting.
3158     (d)  A process for determining the need for and timing of
3159onsite and offsite improvements to support new, proposed
3160expansion, or redevelopment of existing schools. The process
3161must address identification of the party or parties responsible
3162for the improvements.
3163     (e)  A process for the school board to inform the local
3164government regarding the effect of comprehensive plan amendments
3165on school capacity. The capacity reporting must be consistent
3166with laws and rules relating to measurement of school facility
3167capacity and must also identify how the district school board
3168will meet the public school demand based on the facilities work
3169program adopted pursuant to s. 1013.35.
3170     (f)  Participation of the local governments in the
3171preparation of the annual update to the district school board's
31725-year district facilities work program and educational plant
3173survey prepared pursuant to s. 1013.35.
3174     (g)  A process for determining where and how joint use of
3175either school board or local government facilities can be shared
3176for mutual benefit and efficiency.
3177     (h)  A procedure for the resolution of disputes between the
3178district school board and local governments, which may include
3179the dispute resolution processes contained in chapters 164 and
3180186.
3181     (i)  An oversight process, including an opportunity for
3182public participation, for the implementation of the interlocal
3183agreement.
3184     (3)(a)  The Office of Educational Facilities shall submit
3185any comments or concerns regarding the executed interlocal
3186agreement to the state land planning agency within 30 days after
3187receipt of the executed interlocal agreement. The state land
3188planning agency shall review the executed interlocal agreement
3189to determine whether it is consistent with the requirements of
3190subsection (2), the adopted local government comprehensive plan,
3191and other requirements of law. Within 60 days after receipt of
3192an executed interlocal agreement, the state land planning agency
3193shall publish a notice of intent in the Florida Administrative
3194Weekly and shall post a copy of the notice on the agency's
3195Internet site. The notice of intent must state whether the
3196interlocal agreement is consistent or inconsistent with the
3197requirements of subsection (2) and this subsection, as
3198appropriate.
3199     (b)  The state land planning agency's notice is subject to
3200challenge under chapter 120; however, an affected person, as
3201defined in s. 163.3184(1)(a), has standing to initiate the
3202administrative proceeding, and this proceeding is the sole means
3203available to challenge the consistency of an interlocal
3204agreement required by this section with the criteria contained
3205in subsection (2) and this subsection. In order to have
3206standing, each person must have submitted oral or written
3207comments, recommendations, or objections to the local government
3208or the school board before the adoption of the interlocal
3209agreement by the school board and local government. The district
3210school board and local governments are parties to any such
3211proceeding. In this proceeding, when the state land planning
3212agency finds the interlocal agreement to be consistent with the
3213criteria in subsection (2) and this subsection, the interlocal
3214agreement shall be determined to be consistent with subsection
3215(2) and this subsection if the local government's and school
3216board's determination of consistency is fairly debatable. When
3217the state planning agency finds the interlocal agreement to be
3218inconsistent with the requirements of subsection (2) and this
3219subsection, the local government's and school board's
3220determination of consistency shall be sustained unless it is
3221shown by a preponderance of the evidence that the interlocal
3222agreement is inconsistent.
3223     (c)  If the state land planning agency enters a final order
3224that finds that the interlocal agreement is inconsistent with
3225the requirements of subsection (2) or this subsection, it shall
3226forward it to the Administration Commission, which may impose
3227sanctions against the local government pursuant to s.
3228163.3184(11) and may impose sanctions against the district
3229school board by directing the Department of Education to
3230withhold from the district school board an equivalent amount of
3231funds for school construction available pursuant to ss. 1013.65,
32321013.68, 1013.70, and 1013.72.
3233     (4)  If an executed interlocal agreement is not timely
3234submitted to the state land planning agency for review, the
3235state land planning agency shall, within 15 working days after
3236the deadline for submittal, issue to the local government and
3237the district school board a Notice to Show Cause why sanctions
3238should not be imposed for failure to submit an executed
3239interlocal agreement by the deadline established by the agency.
3240The agency shall forward the notice and the responses to the
3241Administration Commission, which may enter a final order citing
3242the failure to comply and imposing sanctions against the local
3243government and district school board by directing the
3244appropriate agencies to withhold at least 5 percent of state
3245funds pursuant to s. 163.3184(11) and by directing the
3246Department of Education to withhold from the district school
3247board at least 5 percent of funds for school construction
3248available pursuant to ss. 1013.65, 1013.68, 1013.70, and
32491013.72.
3250     (5)  Any local government transmitting a public school
3251element to implement school concurrency pursuant to the
3252requirements of s. 163.3180 before the effective date of this
3253section is not required to amend the element or any interlocal
3254agreement to conform with the provisions of this section if the
3255element is adopted prior to or within 1 year after the effective
3256date of this section and remains in effect until the county
3257conducts its evaluation and appraisal report and identifies
3258changes necessary to more fully conform to the provisions of
3259this section.
3260     (6)  Except as provided in subsection (7), municipalities
3261meeting the exemption criteria in s. 163.3177(12) are exempt
3262from the requirements of subsections (1), (2), and (3).
3263     (7)  At the time of the evaluation and appraisal report,
3264each exempt municipality shall assess the extent to which it
3265continues to meet the criteria for exemption under s.
3266163.3177(12). If the municipality continues to meet these
3267criteria, the municipality shall continue to be exempt from the
3268interlocal-agreement requirement. Each municipality exempt under
3269s. 163.3177(12) must comply with the provisions of this section
3270within 1 year after the district school board proposes, in its
32715-year district facilities work program, a new school within the
3272municipality's jurisdiction.
3273     Section 14.  Subsection (9) of section 163.3178, Florida
3274Statutes, is amended to read:
3275     163.3178  Coastal management.-
3276     (9)(a)  Local governments may elect to comply with rule 9J-
32775.012(3)(b)6. and 7., Florida Administrative Code, through the
3278process provided in this section. A proposed comprehensive plan
3279amendment shall be found in compliance with state coastal high-
3280hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3281Florida Administrative Code, if:
3282     1.  The adopted level of service for out-of-county
3283hurricane evacuation is maintained for a category 5 storm event
3284as measured on the Saffir-Simpson scale; or
3285     2.  A 12-hour evacuation time to shelter is maintained for
3286a category 5 storm event as measured on the Saffir-Simpson scale
3287and shelter space reasonably expected to accommodate the
3288residents of the development contemplated by a proposed
3289comprehensive plan amendment is available; or
3290     3.  Appropriate mitigation is provided that will satisfy
3291the provisions of subparagraph 1. or subparagraph 2. Appropriate
3292mitigation shall include, without limitation, payment of money,
3293contribution of land, and construction of hurricane shelters and
3294transportation facilities. Required mitigation may shall not
3295exceed the amount required for a developer to accommodate
3296impacts reasonably attributable to development. A local
3297government and a developer shall enter into a binding agreement
3298to memorialize the mitigation plan.
3299     (b)  For those local governments that have not established
3300a level of service for out-of-county hurricane evacuation by
3301July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and
33027., Florida Administrative Code, by following the process in
3303paragraph (a), the level of service shall be no greater than 16
3304hours for a category 5 storm event as measured on the Saffir-
3305Simpson scale.
3306     (c)  This subsection shall become effective immediately and
3307shall apply to all local governments. No later than July 1,
33082008, local governments shall amend their future land use map
3309and coastal management element to include the new definition of
3310coastal high-hazard area and to depict the coastal high-hazard
3311area on the future land use map.
3312     Section 15.  Section 163.3180, Florida Statutes, is amended
3313to read:
3314     163.3180  Concurrency.-
3315     (1)(a)  Sanitary sewer, solid waste, drainage, and potable
3316water, parks and recreation, schools, and transportation
3317facilities, including mass transit, where applicable, are the
3318only public facilities and services subject to the concurrency
3319requirement on a statewide basis. Additional public facilities
3320and services may not be made subject to concurrency on a
3321statewide basis without appropriate study and approval by the
3322Legislature; however, any local government may extend the
3323concurrency requirement so that it applies to additional public
3324facilities within its jurisdiction.
3325     (a)  If concurrency is applied to other public facilities,
3326the local government comprehensive plan must provide the
3327principles, guidelines, standards, and strategies, including
3328adopted levels of service, to guide its application. In order
3329for a local government to rescind any optional concurrency
3330provisions, a comprehensive plan amendment is required. An
3331amendment rescinding optional concurrency issues is not subject
3332to state review.
3333     (b)  The local government comprehensive plan must
3334demonstrate, for required or optional concurrency requirements,
3335that the levels of service adopted can be reasonably met.
3336Infrastructure needed to ensure that adopted level-of-service
3337standards are achieved and maintained for the 5-year period of
3338the capital improvement schedule must be identified pursuant to
3339the requirements of s. 163.3177(3). The comprehensive plan must
3340include principles, guidelines, standards, and strategies for
3341the establishment of a concurrency management system.
3342     (b)  Local governments shall use professionally accepted
3343techniques for measuring level of service for automobiles,
3344bicycles, pedestrians, transit, and trucks. These techniques may
3345be used to evaluate increased accessibility by multiple modes
3346and reductions in vehicle miles of travel in an area or zone.
3347The Department of Transportation shall develop methodologies to
3348assist local governments in implementing this multimodal level-
3349of-service analysis. The Department of Community Affairs and the
3350Department of Transportation shall provide technical assistance
3351to local governments in applying these methodologies.
3352     (2)(a)  Consistent with public health and safety, sanitary
3353sewer, solid waste, drainage, adequate water supplies, and
3354potable water facilities shall be in place and available to
3355serve new development no later than the issuance by the local
3356government of a certificate of occupancy or its functional
3357equivalent. Prior to approval of a building permit or its
3358functional equivalent, the local government shall consult with
3359the applicable water supplier to determine whether adequate
3360water supplies to serve the new development will be available no
3361later than the anticipated date of issuance by the local
3362government of a certificate of occupancy or its functional
3363equivalent. A local government may meet the concurrency
3364requirement for sanitary sewer through the use of onsite sewage
3365treatment and disposal systems approved by the Department of
3366Health to serve new development.
3367     (b)  Consistent with the public welfare, and except as
3368otherwise provided in this section, parks and recreation
3369facilities to serve new development shall be in place or under
3370actual construction no later than 1 year after issuance by the
3371local government of a certificate of occupancy or its functional
3372equivalent. However, the acreage for such facilities shall be
3373dedicated or be acquired by the local government prior to
3374issuance by the local government of a certificate of occupancy
3375or its functional equivalent, or funds in the amount of the
3376developer's fair share shall be committed no later than the
3377local government's approval to commence construction.
3378     (c)  Consistent with the public welfare, and except as
3379otherwise provided in this section, transportation facilities
3380needed to serve new development shall be in place or under
3381actual construction within 3 years after the local government
3382approves a building permit or its functional equivalent that
3383results in traffic generation.
3384     (3)  Governmental entities that are not responsible for
3385providing, financing, operating, or regulating public facilities
3386needed to serve development may not establish binding level-of-
3387service standards on governmental entities that do bear those
3388responsibilities. This subsection does not limit the authority
3389of any agency to recommend or make objections, recommendations,
3390comments, or determinations during reviews conducted under s.
3391163.3184.
3392     (4)(a)  The concurrency requirement as implemented in local
3393comprehensive plans applies to state and other public facilities
3394and development to the same extent that it applies to all other
3395facilities and development, as provided by law.
3396     (b)  The concurrency requirement as implemented in local
3397comprehensive plans does not apply to public transit facilities.
3398For the purposes of this paragraph, public transit facilities
3399include transit stations and terminals; transit station parking;
3400park-and-ride lots; intermodal public transit connection or
3401transfer facilities; fixed bus, guideway, and rail stations; and
3402airport passenger terminals and concourses, air cargo
3403facilities, and hangars for the assembly, manufacture,
3404maintenance, or storage of aircraft. As used in this paragraph,
3405the terms "terminals" and "transit facilities" do not include
3406seaports or commercial or residential development constructed in
3407conjunction with a public transit facility.
3408     (c)  The concurrency requirement, except as it relates to
3409transportation facilities and public schools, as implemented in
3410local government comprehensive plans, may be waived by a local
3411government for urban infill and redevelopment areas designated
3412pursuant to s. 163.2517 if such a waiver does not endanger
3413public health or safety as defined by the local government in
3414its local government comprehensive plan. The waiver shall be
3415adopted as a plan amendment pursuant to the process set forth in
3416s. 163.3187(3)(a). A local government may grant a concurrency
3417exception pursuant to subsection (5) for transportation
3418facilities located within these urban infill and redevelopment
3419areas.
3420     (5)(a)  If concurrency is applied to transportation
3421facilities, the local government comprehensive plan must provide
3422the principles, guidelines, standards, and strategies, including
3423adopted levels of service to guide its application.
3424     (b)  Local governments shall use professionally accepted
3425studies to evaluate the appropriate levels of service. Local
3426governments should consider the number of facilities that will
3427be necessary to meet level-of-service demands when determining
3428the appropriate levels of service. The schedule of facilities
3429that are necessary to meet the adopted level of service shall be
3430reflected in the capital improvement element.
3431     (c)  Local governments shall use professionally accepted
3432techniques for measuring levels of service when evaluating
3433potential impacts of a proposed development.
3434     (d)  The premise of concurrency is that the public
3435facilities will be provided in order to achieve and maintain the
3436adopted level of service standard. A comprehensive plan that
3437imposes transportation concurrency shall contain appropriate
3438amendments to the capital improvements element of the
3439comprehensive plan, consistent with the requirements of s.
3440163.3177(3). The capital improvements element shall identify
3441facilities necessary to meet adopted levels of service during a
34425-year period.
3443     (e)  If a local government applies transportation
3444concurrency in its jurisdiction, it is encouraged to develop
3445policy guidelines and techniques to address potential negative
3446impacts on future development:
3447     1.  In urban infill and redevelopment, and urban service
3448areas.
3449     2.  With special part-time demands on the transportation
3450system.
3451     3.  With de minimis impacts.
3452     4.  On community desired types of development, such as
3453redevelopment, or job creation projects.
3454     (f)  Local governments are encouraged to develop tools and
3455techniques to complement the application of transportation
3456concurrency such as:
3457     1.  Adoption of long-term strategies to facilitate
3458development patterns that support multimodal solutions,
3459including urban design, and appropriate land use mixes,
3460including intensity and density.
3461     2.  Adoption of an areawide level of service not dependent
3462on any single road segment function.
3463     3.  Exempting or discounting impacts of locally desired
3464development, such as development in urban areas, redevelopment,
3465job creation, and mixed use on the transportation system.
3466     4.  Assigning secondary priority to vehicle mobility and
3467primary priority to ensuring a safe, comfortable, and attractive
3468pedestrian environment, with convenient interconnection to
3469transit.
3470     5.  Establishing multimodal level of service standards that
3471rely primarily on nonvehicular modes of transportation where
3472existing or planned community design will provide adequate level
3473of mobility.
3474     6.  Reducing impact fees or local access fees to promote
3475development within urban areas, multimodal transportation
3476districts, and a balance of mixed use development in certain
3477areas or districts, or for affordable or workforce housing.
3478     (g)  Local governments are encouraged to coordinate with
3479adjacent local governments for the purpose of using common
3480methodologies for measuring impacts on transportation
3481facilities.
3482     (h)  Local governments that implement transportation
3483concurrency must:
3484     1.  Consult with the Department of Transportation when
3485proposed plan amendments affect facilities on the strategic
3486intermodal system.
3487     2.  Exempt public transit facilities from concurrency. For
3488the purposes of this subparagraph, public transit facilities
3489include transit stations and terminals; transit station parking;
3490park-and-ride lots; intermodal public transit connection or
3491transfer facilities; fixed bus, guideway, and rail stations; and
3492airport passenger terminals and concourses, air cargo
3493facilities, and hangars for the assembly, manufacture,
3494maintenance, or storage of aircraft. As used in this
3495subparagraph, the terms "terminals" and "transit facilities" do
3496not include seaports or commercial or residential development
3497constructed in conjunction with a public transit facility.
3498     3.  Allow an applicant for a development-of-regional-impact
3499development order, a rezoning, or other land use development
3500permit to satisfy the transportation concurrency requirements of
3501the local comprehensive plan, the local government's concurrency
3502management system, and s. 380.06, when applicable, if:
3503     a.  The applicant enters into a binding agreement to pay
3504for or construct its proportionate share of required
3505improvements.
3506     b.  The proportionate-share contribution or construction is
3507sufficient to accomplish one or more mobility improvements that
3508will benefit a regionally significant transportation facility.
3509     c.(I)  The local government has provided a means by which
3510the landowner will be assessed a proportionate share of the cost
3511of providing the transportation facilities necessary to serve
3512the proposed development. An applicant shall not be held
3513responsible for the additional cost of reducing or eliminating
3514deficiencies.
3515     (II)  When an applicant contributes or constructs its
3516proportionate share pursuant to this subparagraph, a local
3517government may not require payment or construction of
3518transportation facilities whose costs would be greater than a
3519development's proportionate share of the improvements necessary
3520to mitigate the development's impacts.
3521     (A)  The proportionate-share contribution shall be
3522calculated based upon the number of trips from the proposed
3523development expected to reach roadways during the peak hour from
3524the stage or phase being approved, divided by the change in the
3525peak hour maximum service volume of roadways resulting from
3526construction of an improvement necessary to maintain or achieve
3527the adopted level of service, multiplied by the construction
3528cost, at the time of development payment, of the improvement
3529necessary to maintain or achieve the adopted level of service.
3530     (B)  In using the proportionate-share formula provided in
3531this subparagraph, the applicant, in its traffic analysis, shall
3532identify those roads or facilities that have a transportation
3533deficiency in accordance with the transportation deficiency as
3534defined in sub-subparagraph e. The proportionate-share formula
3535provided in this subparagraph shall be applied only to those
3536facilities that are determined to be significantly impacted by
3537the project traffic under review. If any road is determined to
3538be transportation deficient without the project traffic under
3539review, the costs of correcting that deficiency shall be removed
3540from the project's proportionate-share calculation and the
3541necessary transportation improvements to correct that deficiency
3542shall be considered to be in place for purposes of the
3543proportionate-share calculation. The improvement necessary to
3544correct the transportation deficiency is the funding
3545responsibility of the entity that has maintenance responsibility
3546for the facility. The development's proportionate share shall be
3547calculated only for the needed transportation improvements that
3548are greater than the identified deficiency.
3549     (C)  When the provisions of this subparagraph have been
3550satisfied for a particular stage or phase of development, all
3551transportation impacts from that stage or phase for which
3552mitigation was required and provided shall be deemed fully
3553mitigated in any transportation analysis for a subsequent stage
3554or phase of development. Trips from a previous stage or phase
3555that did not result in impacts for which mitigation was required
3556or provided may be cumulatively analyzed with trips from a
3557subsequent stage or phase to determine whether an impact
3558requires mitigation for the subsequent stage or phase.
3559     (D)  In projecting the number of trips to be generated by
3560the development under review, any trips assigned to a toll-
3561financed facility shall be eliminated from the analysis.
3562     (E)  The applicant shall receive a credit on a dollar-for-
3563dollar basis for impact fees, mobility fees, and other
3564transportation concurrency mitigation requirements paid or
3565payable in the future for the project. The credit shall be
3566reduced up to 20 percent by the percentage share that the
3567project's traffic represents of the added capacity of the
3568selected improvement, or by the amount specified by local
3569ordinance, whichever yields the greater credit.
3570     d.  This subsection does not require a local government to
3571approve a development that is not otherwise qualified for
3572approval pursuant to the applicable local comprehensive plan and
3573land development regulations.
3574     e.  As used in this subsection, the term "transportation
3575deficiency" means a facility or facilities on which the adopted
3576level-of-service standard is exceeded by the existing,
3577committed, and vested trips, plus additional projected
3578background trips from any source other than the development
3579project under review, and trips that are forecast by established
3580traffic standards, including traffic modeling, consistent with
3581the University of Florida's Bureau of Economic and Business
3582Research medium population projections. Additional projected
3583background trips are to be coincident with the particular stage
3584or phase of development under review.
3585     (a)  The Legislature finds that under limited
3586circumstances, countervailing planning and public policy goals
3587may come into conflict with the requirement that adequate public
3588transportation facilities and services be available concurrent
3589with the impacts of such development. The Legislature further
3590finds that the unintended result of the concurrency requirement
3591for transportation facilities is often the discouragement of
3592urban infill development and redevelopment. Such unintended
3593results directly conflict with the goals and policies of the
3594state comprehensive plan and the intent of this part. The
3595Legislature also finds that in urban centers transportation
3596cannot be effectively managed and mobility cannot be improved
3597solely through the expansion of roadway capacity, that the
3598expansion of roadway capacity is not always physically or
3599financially possible, and that a range of transportation
3600alternatives is essential to satisfy mobility needs, reduce
3601congestion, and achieve healthy, vibrant centers.
3602     (b)1.  The following are transportation concurrency
3603exception areas:
3604     a.  A municipality that qualifies as a dense urban land
3605area under s. 163.3164;
3606     b.  An urban service area under s. 163.3164 that has been
3607adopted into the local comprehensive plan and is located within
3608a county that qualifies as a dense urban land area under s.
3609163.3164; and
3610     c.  A county, including the municipalities located therein,
3611which has a population of at least 900,000 and qualifies as a
3612dense urban land area under s. 163.3164, but does not have an
3613urban service area designated in the local comprehensive plan.
3614     2.  A municipality that does not qualify as a dense urban
3615land area pursuant to s. 163.3164 may designate in its local
3616comprehensive plan the following areas as transportation
3617concurrency exception areas:
3618     a.  Urban infill as defined in s. 163.3164;
3619     b.  Community redevelopment areas as defined in s. 163.340;
3620     c.  Downtown revitalization areas as defined in s.
3621163.3164;
3622     d.  Urban infill and redevelopment under s. 163.2517; or
3623     e.  Urban service areas as defined in s. 163.3164 or areas
3624within a designated urban service boundary under s.
3625163.3177(14).
3626     3.  A county that does not qualify as a dense urban land
3627area pursuant to s. 163.3164 may designate in its local
3628comprehensive plan the following areas as transportation
3629concurrency exception areas:
3630     a.  Urban infill as defined in s. 163.3164;
3631     b.  Urban infill and redevelopment under s. 163.2517; or
3632     c.  Urban service areas as defined in s. 163.3164.
3633     4.  A local government that has a transportation
3634concurrency exception area designated pursuant to subparagraph
36351., subparagraph 2., or subparagraph 3. shall, within 2 years
3636after the designated area becomes exempt, adopt into its local
3637comprehensive plan land use and transportation strategies to
3638support and fund mobility within the exception area, including
3639alternative modes of transportation. Local governments are
3640encouraged to adopt complementary land use and transportation
3641strategies that reflect the region's shared vision for its
3642future. If the state land planning agency finds insufficient
3643cause for the failure to adopt into its comprehensive plan land
3644use and transportation strategies to support and fund mobility
3645within the designated exception area after 2 years, it shall
3646submit the finding to the Administration Commission, which may
3647impose any of the sanctions set forth in s. 163.3184(11)(a) and
3648(b) against the local government.
3649     5.  Transportation concurrency exception areas designated
3650pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3651do not apply to designated transportation concurrency districts
3652located within a county that has a population of at least 1.5
3653million, has implemented and uses a transportation-related
3654concurrency assessment to support alternative modes of
3655transportation, including, but not limited to, mass transit, and
3656does not levy transportation impact fees within the concurrency
3657district.
3658     6.  Transportation concurrency exception areas designated
3659under subparagraph 1., subparagraph 2., or subparagraph 3. do
3660not apply in any county that has exempted more than 40 percent
3661of the area inside the urban service area from transportation
3662concurrency for the purpose of urban infill.
3663     7.  A local government that does not have a transportation
3664concurrency exception area designated pursuant to subparagraph
36651., subparagraph 2., or subparagraph 3. may grant an exception
3666from the concurrency requirement for transportation facilities
3667if the proposed development is otherwise consistent with the
3668adopted local government comprehensive plan and is a project
3669that promotes public transportation or is located within an area
3670designated in the comprehensive plan for:
3671     a.  Urban infill development;
3672     b.  Urban redevelopment;
3673     c.  Downtown revitalization;
3674     d.  Urban infill and redevelopment under s. 163.2517; or
3675     e.  An urban service area specifically designated as a
3676transportation concurrency exception area which includes lands
3677appropriate for compact, contiguous urban development, which
3678does not exceed the amount of land needed to accommodate the
3679projected population growth at densities consistent with the
3680adopted comprehensive plan within the 10-year planning period,
3681and which is served or is planned to be served with public
3682facilities and services as provided by the capital improvements
3683element.
3684     (c)  The Legislature also finds that developments located
3685within urban infill, urban redevelopment, urban service, or
3686downtown revitalization areas or areas designated as urban
3687infill and redevelopment areas under s. 163.2517, which pose
3688only special part-time demands on the transportation system, are
3689exempt from the concurrency requirement for transportation
3690facilities. A special part-time demand is one that does not have
3691more than 200 scheduled events during any calendar year and does
3692not affect the 100 highest traffic volume hours.
3693     (d)  Except for transportation concurrency exception areas
3694designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3695or subparagraph (b)3., the following requirements apply:
3696     1.  The local government shall both adopt into the
3697comprehensive plan and implement long-term strategies to support
3698and fund mobility within the designated exception area,
3699including alternative modes of transportation. The plan
3700amendment must also demonstrate how strategies will support the
3701purpose of the exception and how mobility within the designated
3702exception area will be provided.
3703     2.  The strategies must address urban design; appropriate
3704land use mixes, including intensity and density; and network
3705connectivity plans needed to promote urban infill,
3706redevelopment, or downtown revitalization. The comprehensive
3707plan amendment designating the concurrency exception area must
3708be accompanied by data and analysis supporting the local
3709government's determination of the boundaries of the
3710transportation concurrency exception area.
3711     (e)  Before designating a concurrency exception area
3712pursuant to subparagraph (b)7., the state land planning agency
3713and the Department of Transportation shall be consulted by the
3714local government to assess the impact that the proposed
3715exception area is expected to have on the adopted level-of-
3716service standards established for regional transportation
3717facilities identified pursuant to s. 186.507, including the
3718Strategic Intermodal System and roadway facilities funded in
3719accordance with s. 339.2819. Further, the local government shall
3720provide a plan for the mitigation of impacts to the Strategic
3721Intermodal System, including, if appropriate, access management,
3722parallel reliever roads, transportation demand management, and
3723other measures.
3724     (f)  The designation of a transportation concurrency
3725exception area does not limit a local government's home rule
3726power to adopt ordinances or impose fees. This subsection does
3727not affect any contract or agreement entered into or development
3728order rendered before the creation of the transportation
3729concurrency exception area except as provided in s.
3730380.06(29)(e).
3731     (g)  The Office of Program Policy Analysis and Government
3732Accountability shall submit to the President of the Senate and
3733the Speaker of the House of Representatives by February 1, 2015,
3734a report on transportation concurrency exception areas created
3735pursuant to this subsection. At a minimum, the report shall
3736address the methods that local governments have used to
3737implement and fund transportation strategies to achieve the
3738purposes of designated transportation concurrency exception
3739areas, and the effects of the strategies on mobility,
3740congestion, urban design, the density and intensity of land use
3741mixes, and network connectivity plans used to promote urban
3742infill, redevelopment, or downtown revitalization.
3743     (6)  The Legislature finds that a de minimis impact is
3744consistent with this part. A de minimis impact is an impact that
3745would not affect more than 1 percent of the maximum volume at
3746the adopted level of service of the affected transportation
3747facility as determined by the local government. No impact will
3748be de minimis if the sum of existing roadway volumes and the
3749projected volumes from approved projects on a transportation
3750facility would exceed 110 percent of the maximum volume at the
3751adopted level of service of the affected transportation
3752facility; provided however, that an impact of a single family
3753home on an existing lot will constitute a de minimis impact on
3754all roadways regardless of the level of the deficiency of the
3755roadway. Further, no impact will be de minimis if it would
3756exceed the adopted level-of-service standard of any affected
3757designated hurricane evacuation routes. Each local government
3758shall maintain sufficient records to ensure that the 110-percent
3759criterion is not exceeded. Each local government shall submit
3760annually, with its updated capital improvements element, a
3761summary of the de minimis records. If the state land planning
3762agency determines that the 110-percent criterion has been
3763exceeded, the state land planning agency shall notify the local
3764government of the exceedance and that no further de minimis
3765exceptions for the applicable roadway may be granted until such
3766time as the volume is reduced below the 110 percent. The local
3767government shall provide proof of this reduction to the state
3768land planning agency before issuing further de minimis
3769exceptions.
3770     (7)  In order to promote infill development and
3771redevelopment, one or more transportation concurrency management
3772areas may be designated in a local government comprehensive
3773plan. A transportation concurrency management area must be a
3774compact geographic area with an existing network of roads where
3775multiple, viable alternative travel paths or modes are available
3776for common trips. A local government may establish an areawide
3777level-of-service standard for such a transportation concurrency
3778management area based upon an analysis that provides for a
3779justification for the areawide level of service, how urban
3780infill development or redevelopment will be promoted, and how
3781mobility will be accomplished within the transportation
3782concurrency management area. Prior to the designation of a
3783concurrency management area, the Department of Transportation
3784shall be consulted by the local government to assess the impact
3785that the proposed concurrency management area is expected to
3786have on the adopted level-of-service standards established for
3787Strategic Intermodal System facilities, as defined in s. 339.64,
3788and roadway facilities funded in accordance with s. 339.2819.
3789Further, the local government shall, in cooperation with the
3790Department of Transportation, develop a plan to mitigate any
3791impacts to the Strategic Intermodal System, including, if
3792appropriate, the development of a long-term concurrency
3793management system pursuant to subsection (9) and s.
3794163.3177(3)(d). Transportation concurrency management areas
3795existing prior to July 1, 2005, shall meet, at a minimum, the
3796provisions of this section by July 1, 2006, or at the time of
3797the comprehensive plan update pursuant to the evaluation and
3798appraisal report, whichever occurs last. The state land planning
3799agency shall amend chapter 9J-5, Florida Administrative Code, to
3800be consistent with this subsection.
3801     (8)  When assessing the transportation impacts of proposed
3802urban redevelopment within an established existing urban service
3803area, 110 percent of the actual transportation impact caused by
3804the previously existing development must be reserved for the
3805redevelopment, even if the previously existing development has a
3806lesser or nonexisting impact pursuant to the calculations of the
3807local government. Redevelopment requiring less than 110 percent
3808of the previously existing capacity shall not be prohibited due
3809to the reduction of transportation levels of service below the
3810adopted standards. This does not preclude the appropriate
3811assessment of fees or accounting for the impacts within the
3812concurrency management system and capital improvements program
3813of the affected local government. This paragraph does not affect
3814local government requirements for appropriate development
3815permits.
3816     (9)(a)  Each local government may adopt as a part of its
3817plan, long-term transportation and school concurrency management
3818systems with a planning period of up to 10 years for specially
3819designated districts or areas where significant backlogs exist.
3820The plan may include interim level-of-service standards on
3821certain facilities and shall rely on the local government's
3822schedule of capital improvements for up to 10 years as a basis
3823for issuing development orders that authorize commencement of
3824construction in these designated districts or areas. The
3825concurrency management system must be designed to correct
3826existing deficiencies and set priorities for addressing
3827backlogged facilities. The concurrency management system must be
3828financially feasible and consistent with other portions of the
3829adopted local plan, including the future land use map.
3830     (b)  If a local government has a transportation or school
3831facility backlog for existing development which cannot be
3832adequately addressed in a 10-year plan, the state land planning
3833agency may allow it to develop a plan and long-term schedule of
3834capital improvements covering up to 15 years for good and
3835sufficient cause, based on a general comparison between that
3836local government and all other similarly situated local
3837jurisdictions, using the following factors:
3838     1.  The extent of the backlog.
3839     2.  For roads, whether the backlog is on local or state
3840roads.
3841     3.  The cost of eliminating the backlog.
3842     4.  The local government's tax and other revenue-raising
3843efforts.
3844     (c)  The local government may issue approvals to commence
3845construction notwithstanding this section, consistent with and
3846in areas that are subject to a long-term concurrency management
3847system.
3848     (d)  If the local government adopts a long-term concurrency
3849management system, it must evaluate the system periodically. At
3850a minimum, the local government must assess its progress toward
3851improving levels of service within the long-term concurrency
3852management district or area in the evaluation and appraisal
3853report and determine any changes that are necessary to
3854accelerate progress in meeting acceptable levels of service.
3855     (10)  Except in transportation concurrency exception areas,
3856with regard to roadway facilities on the Strategic Intermodal
3857System designated in accordance with s. 339.63, local
3858governments shall adopt the level-of-service standard
3859established by the Department of Transportation by rule.
3860However, if the Office of Tourism, Trade, and Economic
3861Development concurs in writing with the local government that
3862the proposed development is for a qualified job creation project
3863under s. 288.0656 or s. 403.973, the affected local government,
3864after consulting with the Department of Transportation, may
3865provide for a waiver of transportation concurrency for the
3866project. For all other roads on the State Highway System, local
3867governments shall establish an adequate level-of-service
3868standard that need not be consistent with any level-of-service
3869standard established by the Department of Transportation. In
3870establishing adequate level-of-service standards for any
3871arterial roads, or collector roads as appropriate, which
3872traverse multiple jurisdictions, local governments shall
3873consider compatibility with the roadway facility's adopted
3874level-of-service standards in adjacent jurisdictions. Each local
3875government within a county shall use a professionally accepted
3876methodology for measuring impacts on transportation facilities
3877for the purposes of implementing its concurrency management
3878system. Counties are encouraged to coordinate with adjacent
3879counties, and local governments within a county are encouraged
3880to coordinate, for the purpose of using common methodologies for
3881measuring impacts on transportation facilities for the purpose
3882of implementing their concurrency management systems.
3883     (11)  In order to limit the liability of local governments,
3884a local government may allow a landowner to proceed with
3885development of a specific parcel of land notwithstanding a
3886failure of the development to satisfy transportation
3887concurrency, when all the following factors are shown to exist:
3888     (a)  The local government with jurisdiction over the
3889property has adopted a local comprehensive plan that is in
3890compliance.
3891     (b)  The proposed development would be consistent with the
3892future land use designation for the specific property and with
3893pertinent portions of the adopted local plan, as determined by
3894the local government.
3895     (c)  The local plan includes a financially feasible capital
3896improvements element that provides for transportation facilities
3897adequate to serve the proposed development, and the local
3898government has not implemented that element.
3899     (d)  The local government has provided a means by which the
3900landowner will be assessed a fair share of the cost of providing
3901the transportation facilities necessary to serve the proposed
3902development.
3903     (e)  The landowner has made a binding commitment to the
3904local government to pay the fair share of the cost of providing
3905the transportation facilities to serve the proposed development.
3906     (12)(a)  A development of regional impact may satisfy the
3907transportation concurrency requirements of the local
3908comprehensive plan, the local government's concurrency
3909management system, and s. 380.06 by payment of a proportionate-
3910share contribution for local and regionally significant traffic
3911impacts, if:
3912     1.  The development of regional impact which, based on its
3913location or mix of land uses, is designed to encourage
3914pedestrian or other nonautomotive modes of transportation;
3915     2.  The proportionate-share contribution for local and
3916regionally significant traffic impacts is sufficient to pay for
3917one or more required mobility improvements that will benefit a
3918regionally significant transportation facility;
3919     3.  The owner and developer of the development of regional
3920impact pays or assures payment of the proportionate-share
3921contribution; and
3922     4.  If the regionally significant transportation facility
3923to be constructed or improved is under the maintenance authority
3924of a governmental entity, as defined by s. 334.03(12), other
3925than the local government with jurisdiction over the development
3926of regional impact, the developer is required to enter into a
3927binding and legally enforceable commitment to transfer funds to
3928the governmental entity having maintenance authority or to
3929otherwise assure construction or improvement of the facility.
3930
3931The proportionate-share contribution may be applied to any
3932transportation facility to satisfy the provisions of this
3933subsection and the local comprehensive plan, but, for the
3934purposes of this subsection, the amount of the proportionate-
3935share contribution shall be calculated based upon the cumulative
3936number of trips from the proposed development expected to reach
3937roadways during the peak hour from the complete buildout of a
3938stage or phase being approved, divided by the change in the peak
3939hour maximum service volume of roadways resulting from
3940construction of an improvement necessary to maintain the adopted
3941level of service, multiplied by the construction cost, at the
3942time of developer payment, of the improvement necessary to
3943maintain the adopted level of service. For purposes of this
3944subsection, "construction cost" includes all associated costs of
3945the improvement. Proportionate-share mitigation shall be limited
3946to ensure that a development of regional impact meeting the
3947requirements of this subsection mitigates its impact on the
3948transportation system but is not responsible for the additional
3949cost of reducing or eliminating backlogs. This subsection also
3950applies to Florida Quality Developments pursuant to s. 380.061
3951and to detailed specific area plans implementing optional sector
3952plans pursuant to s. 163.3245.
3953     (b)  As used in this subsection, the term "backlog" means a
3954facility or facilities on which the adopted level-of-service
3955standard is exceeded by the existing trips, plus additional
3956projected background trips from any source other than the
3957development project under review that are forecast by
3958established traffic standards, including traffic modeling,
3959consistent with the University of Florida Bureau of Economic and
3960Business Research medium population projections. Additional
3961projected background trips are to be coincident with the
3962particular stage or phase of development under review.
3963     (13)  School concurrency shall be established on a
3964districtwide basis and shall include all public schools in the
3965district and all portions of the district, whether located in a
3966municipality or an unincorporated area unless exempt from the
3967public school facilities element pursuant to s. 163.3177(12).
3968     (6)(a)  If concurrency is applied to public education
3969facilities, The application of school concurrency to development
3970shall be based upon the adopted comprehensive plan, as amended.
3971all local governments within a county, except as provided in
3972paragraph (i) (f), shall include principles, guidelines,
3973standards, and strategies, including adopted levels of service,
3974in their comprehensive plans and adopt and transmit to the state
3975land planning agency the necessary plan amendments, along with
3976the interlocal agreements. If the county and one or more
3977municipalities have adopted school concurrency into its
3978comprehensive plan and interlocal agreement that represents at
3979least 80 percent of the total countywide population, the failure
3980of one or more municipalities to adopt the concurrency and enter
3981into the interlocal agreement does not preclude implementation
3982of school concurrency within jurisdictions of the school
3983district that have opted to implement concurrency. agreement,
3984for a compliance review pursuant to s. 163.3184(7) and (8). The
3985minimum requirements for school concurrency are the following:
3986     (a)  Public school facilities element.-A local government
3987shall adopt and transmit to the state land planning agency a
3988plan or plan amendment which includes a public school facilities
3989element which is consistent with the requirements of s.
3990163.3177(12) and which is determined to be in compliance as
3991defined in s. 163.3184(1)(b). All local government provisions
3992included in comprehensive plans regarding school concurrency
3993public school facilities plan elements within a county must be
3994consistent with each other as well as the requirements of this
3995part.
3996     (b)  Level-of-service standards.-The Legislature recognizes
3997that an essential requirement for a concurrency management
3998system is the level of service at which a public facility is
3999expected to operate.
4000     1.  Local governments and school boards imposing school
4001concurrency shall exercise authority in conjunction with each
4002other to establish jointly adequate level-of-service standards,
4003as defined in chapter 9J-5, Florida Administrative Code,
4004necessary to implement the adopted local government
4005comprehensive plan, based on data and analysis.
4006     (c)2.  Public school level-of-service standards shall be
4007included and adopted into the capital improvements element of
4008the local comprehensive plan and shall apply districtwide to all
4009schools of the same type. Types of schools may include
4010elementary, middle, and high schools as well as special purpose
4011facilities such as magnet schools.
4012     (d)3.  Local governments and school boards may shall have
4013the option to utilize tiered level-of-service standards to allow
4014time to achieve an adequate and desirable level of service as
4015circumstances warrant.
4016     (e)4.  For the purpose of determining whether levels of
4017service have been achieved, for the first 3 years of school
4018concurrency implementation, A school district that includes
4019relocatable facilities in its inventory of student stations
4020shall include the capacity of such relocatable facilities as
4021provided in s. 1013.35(2)(b)2.f., provided the relocatable
4022facilities were purchased after 1998 and the relocatable
4023facilities meet the standards for long-term use pursuant to s.
40241013.20.
4025     (c)  Service areas.-The Legislature recognizes that an
4026essential requirement for a concurrency system is a designation
4027of the area within which the level of service will be measured
4028when an application for a residential development permit is
4029reviewed for school concurrency purposes. This delineation is
4030also important for purposes of determining whether the local
4031government has a financially feasible public school capital
4032facilities program that will provide schools which will achieve
4033and maintain the adopted level-of-service standards.
4034     (f)1.  In order to balance competing interests, preserve
4035the constitutional concept of uniformity, and avoid disruption
4036of existing educational and growth management processes, local
4037governments are encouraged, if they elect to adopt school
4038concurrency, to initially apply school concurrency to
4039development only on a districtwide basis so that a concurrency
4040determination for a specific development will be based upon the
4041availability of school capacity districtwide. To ensure that
4042development is coordinated with schools having available
4043capacity, within 5 years after adoption of school concurrency,
4044     2.  If a local government elects to governments shall apply
4045school concurrency on a less than districtwide basis, by such as
4046using school attendance zones or concurrency service areas:, as
4047provided in subparagraph 2.
4048     a.2.  For local governments applying school concurrency on
4049a less than districtwide basis, such as utilizing school
4050attendance zones or larger school concurrency service areas,
4051Local governments and school boards shall have the burden to
4052demonstrate that the utilization of school capacity is maximized
4053to the greatest extent possible in the comprehensive plan and
4054amendment, taking into account transportation costs and court-
4055approved desegregation plans, as well as other factors. In
4056addition, in order to achieve concurrency within the service
4057area boundaries selected by local governments and school boards,
4058the service area boundaries, together with the standards for
4059establishing those boundaries, shall be identified and included
4060as supporting data and analysis for the comprehensive plan.
4061     b.3.  Where school capacity is available on a districtwide
4062basis but school concurrency is applied on a less than
4063districtwide basis in the form of concurrency service areas, if
4064the adopted level-of-service standard cannot be met in a
4065particular service area as applied to an application for a
4066development permit and if the needed capacity for the particular
4067service area is available in one or more contiguous service
4068areas, as adopted by the local government, then the local
4069government may not deny an application for site plan or final
4070subdivision approval or the functional equivalent for a
4071development or phase of a development on the basis of school
4072concurrency, and if issued, development impacts shall be
4073subtracted from the shifted to  contiguous service area's areas
4074with schools having available capacity totals. Students from the
4075development may not be required to go to the adjacent service
4076area unless the school board rezones the area in which the
4077development occurs.
4078     (g)(d)  Financial feasibility.-The Legislature recognizes
4079that financial feasibility is an important issue because The
4080premise of concurrency is that the public facilities will be
4081provided in order to achieve and maintain the adopted level-of-
4082service standard. This part and chapter 9J-5, Florida
4083Administrative Code, contain specific standards to determine the
4084financial feasibility of capital programs. These standards were
4085adopted to make concurrency more predictable and local
4086governments more accountable.
4087     1.  A comprehensive plan that imposes amendment seeking to
4088impose school concurrency shall contain appropriate amendments
4089to the capital improvements element of the comprehensive plan,
4090consistent with the requirements of s. 163.3177(3) and rule 9J-
40915.016, Florida Administrative Code. The capital improvements
4092element shall identify facilities necessary to meet adopted
4093levels of service during a 5-year period consistent with the
4094school board's educational set forth a financially feasible
4095public school capital facilities plan program, established in
4096conjunction with the school board, that demonstrates that the
4097adopted level-of-service standards will be achieved and
4098maintained.
4099     (h)1.  In order to limit the liability of local
4100governments, a local government may allow a landowner to proceed
4101with development of a specific parcel of land notwithstanding a
4102failure of the development to satisfy school concurrency, if all
4103the following factors are shown to exist:
4104     a.  The proposed development would be consistent with the
4105future land use designation for the specific property and with
4106pertinent portions of the adopted local plan, as determined by
4107the local government.
4108     b.  The local government's capital improvements element and
4109the school board's educational facilities plan provide for
4110school facilities adequate to serve the proposed development,
4111and the local government or school board has not implemented
4112that element or the project includes a plan that demonstrates
4113that the capital facilities needed as a result of the project
4114can be reasonably provided.
4115     c.  The local government and school board have provided a
4116means by which the landowner will be assessed a proportionate
4117share of the cost of providing the school facilities necessary
4118to serve the proposed development.
4119     2.  Such amendments shall demonstrate that the public
4120school capital facilities program meets all of the financial
4121feasibility standards of this part and chapter 9J-5, Florida
4122Administrative Code, that apply to capital programs which
4123provide the basis for mandatory concurrency on other public
4124facilities and services.
4125     3.  When the financial feasibility of a public school
4126capital facilities program is evaluated by the state land
4127planning agency for purposes of a compliance determination, the
4128evaluation shall be based upon the service areas selected by the
4129local governments and school board.
4130     2.(e)  Availability standard.-Consistent with the public
4131welfare, If a local government applies school concurrency, it
4132may not deny an application for site plan, final subdivision
4133approval, or the functional equivalent for a development or
4134phase of a development authorizing residential development for
4135failure to achieve and maintain the level-of-service standard
4136for public school capacity in a local school concurrency
4137management system where adequate school facilities will be in
4138place or under actual construction within 3 years after the
4139issuance of final subdivision or site plan approval, or the
4140functional equivalent. School concurrency is satisfied if the
4141developer executes a legally binding commitment to provide
4142mitigation proportionate to the demand for public school
4143facilities to be created by actual development of the property,
4144including, but not limited to, the options described in sub-
4145subparagraph a. subparagraph 1. Options for proportionate-share
4146mitigation of impacts on public school facilities must be
4147established in the comprehensive plan public school facilities
4148element and the interlocal agreement pursuant to s. 163.31777.
4149     a.1.  Appropriate mitigation options include the
4150contribution of land; the construction, expansion, or payment
4151for land acquisition or construction of a public school
4152facility; the construction of a charter school that complies
4153with the requirements of s. 1002.33(18); or the creation of
4154mitigation banking based on the construction of a public school
4155facility in exchange for the right to sell capacity credits.
4156Such options must include execution by the applicant and the
4157local government of a development agreement that constitutes a
4158legally binding commitment to pay proportionate-share mitigation
4159for the additional residential units approved by the local
4160government in a development order and actually developed on the
4161property, taking into account residential density allowed on the
4162property prior to the plan amendment that increased the overall
4163residential density. The district school board must be a party
4164to such an agreement. As a condition of its entry into such a
4165development agreement, the local government may require the
4166landowner to agree to continuing renewal of the agreement upon
4167its expiration.
4168     b.2.  If the interlocal agreement education facilities plan
4169and the local government comprehensive plan public educational
4170facilities element authorize a contribution of land; the
4171construction, expansion, or payment for land acquisition; the
4172construction or expansion of a public school facility, or a
4173portion thereof; or the construction of a charter school that
4174complies with the requirements of s. 1002.33(18), as
4175proportionate-share mitigation, the local government shall
4176credit such a contribution, construction, expansion, or payment
4177toward any other impact fee or exaction imposed by local
4178ordinance for the same need, on a dollar-for-dollar basis at
4179fair market value.
4180     c.3.  Any proportionate-share mitigation must be directed
4181by the school board toward a school capacity improvement
4182identified in the a financially feasible 5-year school board's
4183educational facilities district work plan that satisfies the
4184demands created by the development in accordance with a binding
4185developer's agreement.
4186     4.  If a development is precluded from commencing because
4187there is inadequate classroom capacity to mitigate the impacts
4188of the development, the development may nevertheless commence if
4189there are accelerated facilities in an approved capital
4190improvement element scheduled for construction in year four or
4191later of such plan which, when built, will mitigate the proposed
4192development, or if such accelerated facilities will be in the
4193next annual update of the capital facilities element, the
4194developer enters into a binding, financially guaranteed
4195agreement with the school district to construct an accelerated
4196facility within the first 3 years of an approved capital
4197improvement plan, and the cost of the school facility is equal
4198to or greater than the development's proportionate share. When
4199the completed school facility is conveyed to the school
4200district, the developer shall receive impact fee credits usable
4201within the zone where the facility is constructed or any
4202attendance zone contiguous with or adjacent to the zone where
4203the facility is constructed.
4204     3.5.  This paragraph does not limit the authority of a
4205local government to deny a development permit or its functional
4206equivalent pursuant to its home rule regulatory powers, except
4207as provided in this part.
4208     (i)(f)  Intergovernmental coordination.-
4209     1.  When establishing concurrency requirements for public
4210schools, a local government shall satisfy the requirements for
4211intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4212and 2., except that A municipality is not required to be a
4213signatory to the interlocal agreement required by paragraph (j)
4214ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4215imposition of school concurrency, and as a nonsignatory, may
4216shall not participate in the adopted local school concurrency
4217system, if the municipality meets all of the following criteria
4218for having no significant impact on school attendance:
4219     1.a.  The municipality has issued development orders for
4220fewer than 50 residential dwelling units during the preceding 5
4221years, or the municipality has generated fewer than 25
4222additional public school students during the preceding 5 years.
4223     2.b.  The municipality has not annexed new land during the
4224preceding 5 years in land use categories which permit
4225residential uses that will affect school attendance rates.
4226     3.c.  The municipality has no public schools located within
4227its boundaries.
4228     4.d.  At least 80 percent of the developable land within
4229the boundaries of the municipality has been built upon.
4230     2.  A municipality which qualifies as having no significant
4231impact on school attendance pursuant to the criteria of
4232subparagraph 1. must review and determine at the time of its
4233evaluation and appraisal report pursuant to s. 163.3191 whether
4234it continues to meet the criteria pursuant to s. 163.31777(6).
4235If the municipality determines that it no longer meets the
4236criteria, it must adopt appropriate school concurrency goals,
4237objectives, and policies in its plan amendments based on the
4238evaluation and appraisal report, and enter into the existing
4239interlocal agreement required by ss. 163.3177(6)(h)2. and
4240163.31777, in order to fully participate in the school
4241concurrency system. If such a municipality fails to do so, it
4242will be subject to the enforcement provisions of s. 163.3191.
4243     (j)(g)  Interlocal agreement for school concurrency.-When
4244establishing concurrency requirements for public schools, a
4245local government must enter into an interlocal agreement that
4246satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4247163.31777 and the requirements of this subsection. The
4248interlocal agreement shall acknowledge both the school board's
4249constitutional and statutory obligations to provide a uniform
4250system of free public schools on a countywide basis, and the
4251land use authority of local governments, including their
4252authority to approve or deny comprehensive plan amendments and
4253development orders. The interlocal agreement shall be submitted
4254to the state land planning agency by the local government as a
4255part of the compliance review, along with the other necessary
4256amendments to the comprehensive plan required by this part. In
4257addition to the requirements of ss. 163.3177(6)(h) and
4258163.31777, The interlocal agreement shall meet the following
4259requirements:
4260     1.  Establish the mechanisms for coordinating the
4261development, adoption, and amendment of each local government's
4262school concurrency related provisions of the comprehensive plan
4263public school facilities element with each other and the plans
4264of the school board to ensure a uniform districtwide school
4265concurrency system.
4266     2.  Establish a process for the development of siting
4267criteria which encourages the location of public schools
4268proximate to urban residential areas to the extent possible and
4269seeks to collocate schools with other public facilities such as
4270parks, libraries, and community centers to the extent possible.
4271     2.3.  Specify uniform, districtwide level-of-service
4272standards for public schools of the same type and the process
4273for modifying the adopted level-of-service standards.
4274     4.  Establish a process for the preparation, amendment, and
4275joint approval by each local government and the school board of
4276a public school capital facilities program which is financially
4277feasible, and a process and schedule for incorporation of the
4278public school capital facilities program into the local
4279government comprehensive plans on an annual basis.
4280     3.5.  Define the geographic application of school
4281concurrency. If school concurrency is to be applied on a less
4282than districtwide basis in the form of concurrency service
4283areas, the agreement shall establish criteria and standards for
4284the establishment and modification of school concurrency service
4285areas. The agreement shall also establish a process and schedule
4286for the mandatory incorporation of the school concurrency
4287service areas and the criteria and standards for establishment
4288of the service areas into the local government comprehensive
4289plans. The agreement shall ensure maximum utilization of school
4290capacity, taking into account transportation costs and court-
4291approved desegregation plans, as well as other factors. The
4292agreement shall also ensure the achievement and maintenance of
4293the adopted level-of-service standards for the geographic area
4294of application throughout the 5 years covered by the public
4295school capital facilities plan and thereafter by adding a new
4296fifth year during the annual update.
4297     4.6.  Establish a uniform districtwide procedure for
4298implementing school concurrency which provides for:
4299     a.  The evaluation of development applications for
4300compliance with school concurrency requirements, including
4301information provided by the school board on affected schools,
4302impact on levels of service, and programmed improvements for
4303affected schools and any options to provide sufficient capacity;
4304     b.  An opportunity for the school board to review and
4305comment on the effect of comprehensive plan amendments and
4306rezonings on the public school facilities plan; and
4307     c.  The monitoring and evaluation of the school concurrency
4308system.
4309     7.  Include provisions relating to amendment of the
4310agreement.
4311     5.8.  A process and uniform methodology for determining
4312proportionate-share mitigation pursuant to paragraph (h)
4313subparagraph (e)1.
4314     (k)(h)  Local government authority.-This subsection does
4315not limit the authority of a local government to grant or deny a
4316development permit or its functional equivalent prior to the
4317implementation of school concurrency.
4318     (14)  The state land planning agency shall, by October 1,
43191998, adopt by rule minimum criteria for the review and
4320determination of compliance of a public school facilities
4321element adopted by a local government for purposes of imposition
4322of school concurrency.
4323     (15)(a)  Multimodal transportation districts may be
4324established under a local government comprehensive plan in areas
4325delineated on the future land use map for which the local
4326comprehensive plan assigns secondary priority to vehicle
4327mobility and primary priority to assuring a safe, comfortable,
4328and attractive pedestrian environment, with convenient
4329interconnection to transit. Such districts must incorporate
4330community design features that will reduce the number of
4331automobile trips or vehicle miles of travel and will support an
4332integrated, multimodal transportation system. Prior to the
4333designation of multimodal transportation districts, the
4334Department of Transportation shall be consulted by the local
4335government to assess the impact that the proposed multimodal
4336district area is expected to have on the adopted level-of-
4337service standards established for Strategic Intermodal System
4338facilities, as defined in s. 339.64, and roadway facilities
4339funded in accordance with s. 339.2819. Further, the local
4340government shall, in cooperation with the Department of
4341Transportation, develop a plan to mitigate any impacts to the
4342Strategic Intermodal System, including the development of a
4343long-term concurrency management system pursuant to subsection
4344(9) and s. 163.3177(3)(d). Multimodal transportation districts
4345existing prior to July 1, 2005, shall meet, at a minimum, the
4346provisions of this section by July 1, 2006, or at the time of
4347the comprehensive plan update pursuant to the evaluation and
4348appraisal report, whichever occurs last.
4349     (b)  Community design elements of such a district include:
4350a complementary mix and range of land uses, including
4351educational, recreational, and cultural uses; interconnected
4352networks of streets designed to encourage walking and bicycling,
4353with traffic-calming where desirable; appropriate densities and
4354intensities of use within walking distance of transit stops;
4355daily activities within walking distance of residences, allowing
4356independence to persons who do not drive; public uses, streets,
4357and squares that are safe, comfortable, and attractive for the
4358pedestrian, with adjoining buildings open to the street and with
4359parking not interfering with pedestrian, transit, automobile,
4360and truck travel modes.
4361     (c)  Local governments may establish multimodal level-of-
4362service standards that rely primarily on nonvehicular modes of
4363transportation within the district, when justified by an
4364analysis demonstrating that the existing and planned community
4365design will provide an adequate level of mobility within the
4366district based upon professionally accepted multimodal level-of-
4367service methodologies. The analysis must also demonstrate that
4368the capital improvements required to promote community design
4369are financially feasible over the development or redevelopment
4370timeframe for the district and that community design features
4371within the district provide convenient interconnection for a
4372multimodal transportation system. Local governments may issue
4373development permits in reliance upon all planned community
4374design capital improvements that are financially feasible over
4375the development or redevelopment timeframe for the district,
4376without regard to the period of time between development or
4377redevelopment and the scheduled construction of the capital
4378improvements. A determination of financial feasibility shall be
4379based upon currently available funding or funding sources that
4380could reasonably be expected to become available over the
4381planning period.
4382     (d)  Local governments may reduce impact fees or local
4383access fees for development within multimodal transportation
4384districts based on the reduction of vehicle trips per household
4385or vehicle miles of travel expected from the development pattern
4386planned for the district.
4387     (16)  It is the intent of the Legislature to provide a
4388method by which the impacts of development on transportation
4389facilities can be mitigated by the cooperative efforts of the
4390public and private sectors. The methodology used to calculate
4391proportionate fair-share mitigation under this section shall be
4392as provided for in subsection (12).
4393     (a)  By December 1, 2006, each local government shall adopt
4394by ordinance a methodology for assessing proportionate fair-
4395share mitigation options. By December 1, 2005, the Department of
4396Transportation shall develop a model transportation concurrency
4397management ordinance with methodologies for assessing
4398proportionate fair-share mitigation options.
4399     (b)1.  In its transportation concurrency management system,
4400a local government shall, by December 1, 2006, include
4401methodologies that will be applied to calculate proportionate
4402fair-share mitigation. A developer may choose to satisfy all
4403transportation concurrency requirements by contributing or
4404paying proportionate fair-share mitigation if transportation
4405facilities or facility segments identified as mitigation for
4406traffic impacts are specifically identified for funding in the
44075-year schedule of capital improvements in the capital
4408improvements element of the local plan or the long-term
4409concurrency management system or if such contributions or
4410payments to such facilities or segments are reflected in the 5-
4411year schedule of capital improvements in the next regularly
4412scheduled update of the capital improvements element. Updates to
4413the 5-year capital improvements element which reflect
4414proportionate fair-share contributions may not be found not in
4415compliance based on ss. 163.3164(32) and 163.3177(3) if
4416additional contributions, payments or funding sources are
4417reasonably anticipated during a period not to exceed 10 years to
4418fully mitigate impacts on the transportation facilities.
4419     2.  Proportionate fair-share mitigation shall be applied as
4420a credit against impact fees to the extent that all or a portion
4421of the proportionate fair-share mitigation is used to address
4422the same capital infrastructure improvements contemplated by the
4423local government's impact fee ordinance.
4424     (c)  Proportionate fair-share mitigation includes, without
4425limitation, separately or collectively, private funds,
4426contributions of land, and construction and contribution of
4427facilities and may include public funds as determined by the
4428local government. Proportionate fair-share mitigation may be
4429directed toward one or more specific transportation improvements
4430reasonably related to the mobility demands created by the
4431development and such improvements may address one or more modes
4432of travel. The fair market value of the proportionate fair-share
4433mitigation shall not differ based on the form of mitigation. A
4434local government may not require a development to pay more than
4435its proportionate fair-share contribution regardless of the
4436method of mitigation. Proportionate fair-share mitigation shall
4437be limited to ensure that a development meeting the requirements
4438of this section mitigates its impact on the transportation
4439system but is not responsible for the additional cost of
4440reducing or eliminating backlogs.
4441     (d)  This subsection does not require a local government to
4442approve a development that is not otherwise qualified for
4443approval pursuant to the applicable local comprehensive plan and
4444land development regulations.
4445     (e)  Mitigation for development impacts to facilities on
4446the Strategic Intermodal System made pursuant to this subsection
4447requires the concurrence of the Department of Transportation.
4448     (f)  If the funds in an adopted 5-year capital improvements
4449element are insufficient to fully fund construction of a
4450transportation improvement required by the local government's
4451concurrency management system, a local government and a
4452developer may still enter into a binding proportionate-share
4453agreement authorizing the developer to construct that amount of
4454development on which the proportionate share is calculated if
4455the proportionate-share amount in such agreement is sufficient
4456to pay for one or more improvements which will, in the opinion
4457of the governmental entity or entities maintaining the
4458transportation facilities, significantly benefit the impacted
4459transportation system. The improvements funded by the
4460proportionate-share component must be adopted into the 5-year
4461capital improvements schedule of the comprehensive plan at the
4462next annual capital improvements element update. The funding of
4463any improvements that significantly benefit the impacted
4464transportation system satisfies concurrency requirements as a
4465mitigation of the development's impact upon the overall
4466transportation system even if there remains a failure of
4467concurrency on other impacted facilities.
4468     (g)  Except as provided in subparagraph (b)1., this section
4469may not prohibit the Department of Community Affairs from
4470finding other portions of the capital improvements element
4471amendments not in compliance as provided in this chapter.
4472     (h)  The provisions of this subsection do not apply to a
4473development of regional impact satisfying the requirements of
4474subsection (12).
4475     (i)  As used in this subsection, the term "backlog" means a
4476facility or facilities on which the adopted level-of-service
4477standard is exceeded by the existing trips, plus additional
4478projected background trips from any source other than the
4479development project under review that are forecast by
4480established traffic standards, including traffic modeling,
4481consistent with the University of Florida Bureau of Economic and
4482Business Research medium population projections. Additional
4483projected background trips are to be coincident with the
4484particular stage or phase of development under review.
4485     (17)  A local government and the developer of affordable
4486workforce housing units developed in accordance with s.
4487380.06(19) or s. 380.0651(3) may identify an employment center
4488or centers in close proximity to the affordable workforce
4489housing units. If at least 50 percent of the units are occupied
4490by an employee or employees of an identified employment center
4491or centers, all of the affordable workforce housing units are
4492exempt from transportation concurrency requirements, and the
4493local government may not reduce any transportation trip-
4494generation entitlements of an approved development-of-regional-
4495impact development order. As used in this subsection, the term
4496"close proximity" means 5 miles from the nearest point of the
4497development of regional impact to the nearest point of the
4498employment center, and the term "employment center" means a
4499place of employment that employs at least 25 or more full-time
4500employees.
4501     Section 16.  Section 163.3182, Florida Statutes, is amended
4502to read:
4503     163.3182  Transportation deficiencies concurrency
4504backlogs.-
4505     (1)  DEFINITIONS.-For purposes of this section, the term:
4506     (a)  "Transportation deficiency concurrency backlog area"
4507means the geographic area within the unincorporated portion of a
4508county or within the municipal boundary of a municipality
4509designated in a local government comprehensive plan for which a
4510transportation development concurrency backlog authority is
4511created pursuant to this section. A transportation deficiency
4512concurrency backlog area created within the corporate boundary
4513of a municipality shall be made pursuant to an interlocal
4514agreement between a county, a municipality or municipalities,
4515and any affected taxing authority or authorities.
4516     (b)  "Authority" or "transportation development concurrency
4517backlog authority" means the governing body of a county or
4518municipality within which an authority is created.
4519     (c)  "Governing body" means the council, commission, or
4520other legislative body charged with governing the county or
4521municipality within which an a transportation concurrency
4522backlog authority is created pursuant to this section.
4523     (d)  "Transportation deficiency concurrency backlog" means
4524an identified need deficiency where the existing and projected
4525extent of traffic volume exceeds the level of service standard
4526adopted in a local government comprehensive plan for a
4527transportation facility.
4528     (e)  "Transportation sufficiency concurrency backlog plan"
4529means the plan adopted as part of a local government
4530comprehensive plan by the governing body of a county or
4531municipality acting as a transportation development concurrency
4532backlog authority.
4533     (f)  "Transportation concurrency backlog project" means any
4534designated transportation project identified for construction
4535within the jurisdiction of a transportation development
4536concurrency backlog authority.
4537     (g)  "Debt service millage" means any millage levied
4538pursuant to s. 12, Art. VII of the State Constitution.
4539     (h)  "Increment revenue" means the amount calculated
4540pursuant to subsection (5).
4541     (i)  "Taxing authority" means a public body that levies or
4542is authorized to levy an ad valorem tax on real property located
4543within a transportation deficiency concurrency backlog area,
4544except a school district.
4545     (2)  CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4546BACKLOG AUTHORITIES.-
4547     (a)  A county or municipality may create a transportation
4548development concurrency backlog authority if it has an
4549identified transportation deficiency concurrency backlog.
4550     (b)  Acting as the transportation development concurrency
4551backlog authority within the authority's jurisdictional
4552boundary, the governing body of a county or municipality shall
4553adopt and implement a plan to eliminate all identified
4554transportation deficiencies concurrency backlogs within the
4555authority's jurisdiction using funds provided pursuant to
4556subsection (5) and as otherwise provided pursuant to this
4557section.
4558     (c)  The Legislature finds and declares that there exist in
4559many counties and municipalities areas that have significant
4560transportation deficiencies and inadequate transportation
4561facilities; that many insufficiencies and inadequacies severely
4562limit or prohibit the satisfaction of transportation level of
4563service concurrency standards; that the transportation
4564insufficiencies and inadequacies affect the health, safety, and
4565welfare of the residents of these counties and municipalities;
4566that the transportation insufficiencies and inadequacies
4567adversely affect economic development and growth of the tax base
4568for the areas in which these insufficiencies and inadequacies
4569exist; and that the elimination of transportation deficiencies
4570and inadequacies and the satisfaction of transportation
4571concurrency standards are paramount public purposes for the
4572state and its counties and municipalities.
4573     (3)  POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4574BACKLOG AUTHORITY.-Each transportation development concurrency
4575backlog authority created pursuant to this section has the
4576powers necessary or convenient to carry out the purposes of this
4577section, including the following powers in addition to others
4578granted in this section:
4579     (a)  To make and execute contracts and other instruments
4580necessary or convenient to the exercise of its powers under this
4581section.
4582     (b)  To undertake and carry out transportation concurrency
4583backlog projects for transportation facilities designed to
4584relieve transportation deficiencies that have a concurrency
4585backlog within the authority's jurisdiction. Transportation
4586Concurrency backlog projects may include transportation
4587facilities that provide for alternative modes of travel
4588including sidewalks, bikeways, and mass transit which are
4589related to a deficient backlogged transportation facility.
4590     (c)  To invest any transportation concurrency backlog funds
4591held in reserve, sinking funds, or any such funds not required
4592for immediate disbursement in property or securities in which
4593savings banks may legally invest funds subject to the control of
4594the authority and to redeem such bonds as have been issued
4595pursuant to this section at the redemption price established
4596therein, or to purchase such bonds at less than redemption
4597price. All such bonds redeemed or purchased shall be canceled.
4598     (d)  To borrow money, including, but not limited to,
4599issuing debt obligations such as, but not limited to, bonds,
4600notes, certificates, and similar debt instruments; to apply for
4601and accept advances, loans, grants, contributions, and any other
4602forms of financial assistance from the Federal Government or the
4603state, county, or any other public body or from any sources,
4604public or private, for the purposes of this part; to give such
4605security as may be required; to enter into and carry out
4606contracts or agreements; and to include in any contracts for
4607financial assistance with the Federal Government for or with
4608respect to a transportation concurrency backlog project and
4609related activities such conditions imposed under federal laws as
4610the transportation development concurrency backlog authority
4611considers reasonable and appropriate and which are not
4612inconsistent with the purposes of this section.
4613     (e)  To make or have made all surveys and plans necessary
4614to the carrying out of the purposes of this section; to contract
4615with any persons, public or private, in making and carrying out
4616such plans; and to adopt, approve, modify, or amend such
4617transportation sufficiency concurrency backlog plans.
4618     (f)  To appropriate such funds and make such expenditures
4619as are necessary to carry out the purposes of this section, and
4620to enter into agreements with other public bodies, which
4621agreements may extend over any period notwithstanding any
4622provision or rule of law to the contrary.
4623     (4)  TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.-
4624     (a)  Each transportation development concurrency backlog
4625authority shall adopt a transportation sufficiency concurrency
4626backlog plan as a part of the local government comprehensive
4627plan within 6 months after the creation of the authority. The
4628plan must:
4629     (a)1.  Identify all transportation facilities that have
4630been designated as deficient and require the expenditure of
4631moneys to upgrade, modify, or mitigate the deficiency.
4632     (b)2.  Include a priority listing of all transportation
4633facilities that have been designated as deficient and do not
4634satisfy concurrency requirements pursuant to s. 163.3180, and
4635the applicable local government comprehensive plan.
4636     (c)3.  Establish a schedule for financing and construction
4637of transportation concurrency backlog projects that will
4638eliminate transportation deficiencies concurrency backlogs
4639within the jurisdiction of the authority within 10 years after
4640the transportation sufficiency concurrency backlog plan
4641adoption. The schedule shall be adopted as part of the local
4642government comprehensive plan.
4643     (b)  The adoption of the transportation concurrency backlog
4644plan shall be exempt from the provisions of s. 163.3187(1).
4645
4646Notwithstanding such schedule requirements, as long as the
4647schedule provides for the elimination of all transportation
4648deficiencies concurrency backlogs within 10 years after the
4649adoption of the transportation sufficiency concurrency backlog
4650plan, the final maturity date of any debt incurred to finance or
4651refinance the related projects may be no later than 40 years
4652after the date the debt is incurred and the authority may
4653continue operations and administer the trust fund established as
4654provided in subsection (5) for as long as the debt remains
4655outstanding.
4656     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
4657development concurrency backlog authority shall establish a
4658local transportation concurrency backlog trust fund upon
4659creation of the authority. Each local trust fund shall be
4660administered by the transportation development concurrency
4661backlog authority within which a transportation deficiencies
4662have concurrency backlog has been identified. Each local trust
4663fund must continue to be funded under this section for as long
4664as the projects set forth in the related transportation
4665sufficiency concurrency backlog plan remain to be completed or
4666until any debt incurred to finance or refinance the related
4667projects is no longer outstanding, whichever occurs later.
4668Beginning in the first fiscal year after the creation of the
4669authority, each local trust fund shall be funded by the proceeds
4670of an ad valorem tax increment collected within each
4671transportation deficiency concurrency backlog area to be
4672determined annually and shall be a minimum of 25 percent of the
4673difference between the amounts set forth in paragraphs (a) and
4674(b), except that if all of the affected taxing authorities agree
4675under an interlocal agreement, a particular local trust fund may
4676be funded by the proceeds of an ad valorem tax increment greater
4677than 25 percent of the difference between the amounts set forth
4678in paragraphs (a) and (b):
4679     (a)  The amount of ad valorem tax levied each year by each
4680taxing authority, exclusive of any amount from any debt service
4681millage, on taxable real property contained within the
4682jurisdiction of the transportation development concurrency
4683backlog authority and within the transportation deficiency
4684backlog area; and
4685     (b)  The amount of ad valorem taxes which would have been
4686produced by the rate upon which the tax is levied each year by
4687or for each taxing authority, exclusive of any debt service
4688millage, upon the total of the assessed value of the taxable
4689real property within the transportation deficiency concurrency
4690backlog area as shown on the most recent assessment roll used in
4691connection with the taxation of such property of each taxing
4692authority prior to the effective date of the ordinance funding
4693the trust fund.
4694     (6)  EXEMPTIONS.-
4695     (a)  The following public bodies or taxing authorities are
4696exempt from the provisions of this section:
4697     1.  A special district that levies ad valorem taxes on
4698taxable real property in more than one county.
4699     2.  A special district for which the sole available source
4700of revenue is the authority to levy ad valorem taxes at the time
4701an ordinance is adopted under this section. However, revenues or
4702aid that may be dispensed or appropriated to a district as
4703defined in s. 388.011 at the discretion of an entity other than
4704such district are shall not be deemed available.
4705     3.  A library district.
4706     4.  A neighborhood improvement district created under the
4707Safe Neighborhoods Act.
4708     5.  A metropolitan transportation authority.
4709     6.  A water management district created under s. 373.069.
4710     7.  A community redevelopment agency.
4711     (b)  A transportation development concurrency exemption
4712authority may also exempt from this section a special district
4713that levies ad valorem taxes within the transportation
4714deficiency concurrency backlog area pursuant to s.
4715163.387(2)(d).
4716     (7)  TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption
4717of a transportation sufficiency concurrency backlog plan as a
4718part of the local government comprehensive plan, and the plan
4719going into effect, the area subject to the plan shall be deemed
4720to have achieved and maintained transportation level-of-service
4721standards, and to have met requirements for financial
4722feasibility for transportation facilities, and for the purpose
4723of proposed development transportation concurrency has been
4724satisfied. Proportionate fair-share mitigation shall be limited
4725to ensure that a development inside a transportation deficiency
4726concurrency backlog area is not responsible for the additional
4727costs of eliminating deficiencies backlogs.
4728     (8)  DISSOLUTION.-Upon completion of all transportation
4729concurrency backlog projects identified in the transportation
4730sufficiency plan and repayment or defeasance of all debt issued
4731to finance or refinance such projects, a transportation
4732development concurrency backlog authority shall be dissolved,
4733and its assets and liabilities transferred to the county or
4734municipality within which the authority is located. All
4735remaining assets of the authority must be used for
4736implementation of transportation projects within the
4737jurisdiction of the authority. The local government
4738comprehensive plan shall be amended to remove the transportation
4739concurrency backlog plan.
4740     Section 17.  Section 163.3184, Florida Statutes, is amended
4741to read:
4742     163.3184  Process for adoption of comprehensive plan or
4743plan amendment.-
4744     (1)  DEFINITIONS.-As used in this section, the term:
4745     (a)  "Affected person" includes the affected local
4746government; persons owning property, residing, or owning or
4747operating a business within the boundaries of the local
4748government whose plan is the subject of the review; owners of
4749real property abutting real property that is the subject of a
4750proposed change to a future land use map; and adjoining local
4751governments that can demonstrate that the plan or plan amendment
4752will produce substantial impacts on the increased need for
4753publicly funded infrastructure or substantial impacts on areas
4754designated for protection or special treatment within their
4755jurisdiction. Each person, other than an adjoining local
4756government, in order to qualify under this definition, shall
4757also have submitted oral or written comments, recommendations,
4758or objections to the local government during the period of time
4759beginning with the transmittal hearing for the plan or plan
4760amendment and ending with the adoption of the plan or plan
4761amendment.
4762     (b)  "In compliance" means consistent with the requirements
4763of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4764163.3248 with the state comprehensive plan, with the appropriate
4765strategic regional policy plan, and with chapter 9J-5, Florida
4766Administrative Code, where such rule is not inconsistent with
4767this part and with the principles for guiding development in
4768designated areas of critical state concern and with part III of
4769chapter 369, where applicable.
4770     (c)  "Reviewing agencies" means:
4771     1.  The state land planning agency;
4772     2.  The appropriate regional planning council;
4773     3.  The appropriate water management district;
4774     4.  The Department of Environmental Protection;
4775     5.  The Department of State;
4776     6.  The Department of Transportation;
4777     7.  In the case of plan amendments relating to public
4778schools, the Department of Education;
4779     8.  In the case of plans or plan amendments that affect a
4780military installation listed in s. 163.3175, the commanding
4781officer of the affected military installation;  
4782     9.  In the case of county plans and plan amendments, the
4783Fish and Wildlife Conservation Commission and the Department of
4784Agriculture and Consumer Services; and
4785     10.  In the case of municipal plans and plan amendments,
4786the county in which the municipality is located.
4787     (2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
4788     (a)  Plan amendments adopted by local governments shall
4789follow the expedited state review process in subsection (3),
4790except as set forth in paragraphs (b) and (c).
4791     (b)  Plan amendments that qualify as small-scale
4792development amendments may follow the small-scale review process
4793in s. 163.3187.
4794     (c)  Plan amendments that are in an area of critical state
4795concern designated pursuant to s. 380.05; propose a rural land
4796stewardship area pursuant to s. 163.3248; propose a sector plan
4797pursuant to s. 163.3245; update a comprehensive plan based on an
4798evaluation and appraisal pursuant to s. 163.3191; or are new
4799plans for newly incorporated municipalities adopted pursuant to
4800s. 163.3167 shall follow the state coordinated review process in
4801subsection (4).
4802     (3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
4803COMPREHENSIVE PLAN AMENDMENTS.-
4804     (a)  The process for amending a comprehensive plan
4805described in this subsection shall apply to all amendments
4806except as provided in paragraphs (2)(b) and (c) and shall be
4807applicable statewide.
4808     (b)1.  The local government, after the initial public
4809hearing held pursuant to subsection (11), shall transmit within
481010 days the amendment or amendments and appropriate supporting
4811data and analyses to the reviewing agencies. The local governing
4812body shall also transmit a copy of the amendments and supporting
4813data and analyses to any other local government or governmental
4814agency that has filed a written request with the governing body.
4815     2.  The reviewing agencies and any other local government
4816or governmental agency specified in subparagraph 1. may provide
4817comments regarding the amendment or amendments to the local
4818government. State agencies shall only comment on important state
4819resources and facilities that will be adversely impacted by the
4820amendment if adopted. Comments provided by state agencies shall
4821state with specificity how the plan amendment will adversely
4822impact an important state resource or facility and shall
4823identify measures the local government may take to eliminate,
4824reduce, or mitigate the adverse impacts. Such comments, if not
4825resolved, may result in a challenge by the state land planning
4826agency to the plan amendment. Agencies and local governments
4827must transmit their comments to the affected local government
4828such that they are received by the local government not later
4829than 30 days from the date on which the agency or government
4830received the amendment or amendments. Reviewing agencies shall
4831also send a copy of their comments to the state land planning
4832agency.
4833     3.  Comments to the local government from a regional
4834planning council, county, or municipality shall be limited as
4835follows:
4836     a.  The regional planning council review and comments shall
4837be limited to adverse effects on regional resources or
4838facilities identified in the strategic regional policy plan and
4839extrajurisdictional impacts that would be inconsistent with the
4840comprehensive plan of any affected local government within the
4841region. A regional planning council may not review and comment
4842on a proposed comprehensive plan amendment prepared by such
4843council unless the plan amendment has been changed by the local
4844government subsequent to the preparation of the plan amendment
4845by the regional planning council.
4846     b.  County comments shall be in the context of the
4847relationship and effect of the proposed plan amendments on the
4848county plan.
4849     c.  Municipal comments shall be in the context of the
4850relationship and effect of the proposed plan amendments on the
4851municipal plan.
4852     d. Military installation comments shall be provided in
4853accordance with s. 163.3175.
4854     4.  Comments to the local government from state agencies
4855shall be limited to the following subjects as they relate to
4856important state resources and facilities that will be adversely
4857impacted by the amendment if adopted:
4858     a.  The Department of Environmental Protection shall limit
4859its comments to the subjects of air and water pollution;
4860wetlands and other surface waters of the state; federal and
4861state-owned lands and interest in lands, including state parks,
4862greenways and trails, and conservation easements; solid waste;
4863water and wastewater treatment; and the Everglades ecosystem
4864restoration.
4865     b.  The Department of State shall limit its comments to the
4866subjects of historic and archeological resources.
4867     c.  The Department of Transportation shall limit its
4868comments to the subject of the strategic intermodal system.
4869     d.  The Fish and Wildlife Conservation Commission shall
4870limit its comments to subjects relating to fish and wildlife
4871habitat and listed species and their habitat.
4872     e.  The Department of Agriculture and Consumer Services
4873shall limit its comments to the subjects of agriculture,
4874forestry, and aquaculture issues.
4875     f.  The Department of Education shall limit its comments to
4876the subject of public school facilities.
4877     g.  The appropriate water management district shall limit
4878its comments to flood protection and floodplain management,
4879wetlands and other surface waters, and regional water supply.
4880     h.  The state land planning agency shall limit its comments
4881to important state resources and facilities outside the
4882jurisdiction of other commenting state agencies and may include
4883comments on countervailing planning policies and objectives
4884served by the plan amendment that should be balanced against
4885potential adverse impacts to important state resources and
4886facilities.
4887     (c)1.  The local government shall hold its second public
4888hearing, which shall be a hearing on whether to adopt one or
4889more comprehensive plan amendments pursuant to subsection (11).
4890If the local government fails, within 180 days after receipt of
4891agency comments, to hold the second public hearing, the
4892amendments shall be deemed withdrawn unless extended by
4893agreement with notice to the state land planning agency and any
4894affected person that provided comments on the amendment. The
4895180-day limitation does not apply to amendments processed
4896pursuant to s. 380.06.
4897     2.  All comprehensive plan amendments adopted by the
4898governing body, along with the supporting data and analysis,
4899shall be transmitted within 10 days after the second public
4900hearing to the state land planning agency and any other agency
4901or local government that provided timely comments under
4902subparagraph (b)2.
4903     3.  The state land planning agency shall notify the local
4904government of any deficiencies within 5 working days after
4905receipt of an amendment package. For purposes of completeness,
4906an amendment shall be deemed complete if it contains a full,
4907executed copy of the adoption ordinance or ordinances; in the
4908case of a text amendment, a full copy of the amended language in
4909legislative format with new words inserted in the text
4910underlined, and words deleted stricken with hyphens; in the case
4911of a future land use map amendment, a copy of the future land
4912use map clearly depicting the parcel, its existing future land
4913use designation, and its adopted designation; and a copy of any
4914data and analyses the local government deems appropriate.
4915     4.  An amendment adopted under this paragraph does not
4916become effective until 31 days after the state land planning
4917agency notifies the local government that the plan amendment
4918package is complete. If timely challenged, an amendment does not
4919become effective until the state land planning agency or the
4920Administration Commission enters a final order determining the
4921adopted amendment to be in compliance.
4922     (4)  STATE COORDINATED REVIEW PROCESS.-
4923     (a)(2)  Coordination.-The state land planning agency shall
4924only use the state coordinated review process described in this
4925subsection for review of comprehensive plans and plan amendments
4926described in paragraph (2)(c). Each comprehensive plan or plan
4927amendment proposed to be adopted pursuant to this subsection
4928part shall be transmitted, adopted, and reviewed in the manner
4929prescribed in this subsection section. The state land planning
4930agency shall have responsibility for plan review, coordination,
4931and the preparation and transmission of comments, pursuant to
4932this subsection section, to the local governing body responsible
4933for the comprehensive plan or plan amendment. The state land
4934planning agency shall maintain a single file concerning any
4935proposed or adopted plan amendment submitted by a local
4936government for any review under this section. Copies of all
4937correspondence, papers, notes, memoranda, and other documents
4938received or generated by the state land planning agency must be
4939placed in the appropriate file. Paper copies of all electronic
4940mail correspondence must be placed in the file. The file and its
4941contents must be available for public inspection and copying as
4942provided in chapter 119.
4943     (b)(3)  Local government transmittal of proposed plan or
4944amendment.-
4945     (a)  Each local governing body proposing a plan or plan
4946amendment specified in paragraph (2)(c) shall transmit the
4947complete proposed comprehensive plan or plan amendment to the
4948reviewing agencies state land planning agency, the appropriate
4949regional planning council and water management district, the
4950Department of Environmental Protection, the Department of State,
4951and the Department of Transportation, and, in the case of
4952municipal plans, to the appropriate county, and, in the case of
4953county plans, to the Fish and Wildlife Conservation Commission
4954and the Department of Agriculture and Consumer Services,
4955immediately following the first a public hearing pursuant to
4956subsection (11). The transmitted document shall clearly indicate
4957on the cover sheet that this plan amendment is subject to the
4958state coordinated review process of s. 163.3184(4)(15) as
4959specified in the state land planning agency's procedural rules.
4960The local governing body shall also transmit a copy of the
4961complete proposed comprehensive plan or plan amendment to any
4962other unit of local government or government agency in the state
4963that has filed a written request with the governing body for the
4964plan or plan amendment. The local government may request a
4965review by the state land planning agency pursuant to subsection
4966(6) at the time of the transmittal of an amendment.
4967     (b)  A local governing body shall not transmit portions of
4968a plan or plan amendment unless it has previously provided to
4969all state agencies designated by the state land planning agency
4970a complete copy of its adopted comprehensive plan pursuant to
4971subsection (7) and as specified in the agency's procedural
4972rules. In the case of comprehensive plan amendments, the local
4973governing body shall transmit to the state land planning agency,
4974the appropriate regional planning council and water management
4975district, the Department of Environmental Protection, the
4976Department of State, and the Department of Transportation, and,
4977in the case of municipal plans, to the appropriate county and,
4978in the case of county plans, to the Fish and Wildlife
4979Conservation Commission and the Department of Agriculture and
4980Consumer Services the materials specified in the state land
4981planning agency's procedural rules and, in cases in which the
4982plan amendment is a result of an evaluation and appraisal report
4983adopted pursuant to s. 163.3191, a copy of the evaluation and
4984appraisal report. Local governing bodies shall consolidate all
4985proposed plan amendments into a single submission for each of
4986the two plan amendment adoption dates during the calendar year
4987pursuant to s. 163.3187.
4988     (c)  A local government may adopt a proposed plan amendment
4989previously transmitted pursuant to this subsection, unless
4990review is requested or otherwise initiated pursuant to
4991subsection (6).
4992     (d)  In cases in which a local government transmits
4993multiple individual amendments that can be clearly and legally
4994separated and distinguished for the purpose of determining
4995whether to review the proposed amendment, and the state land
4996planning agency elects to review several or a portion of the
4997amendments and the local government chooses to immediately adopt
4998the remaining amendments not reviewed, the amendments
4999immediately adopted and any reviewed amendments that the local
5000government subsequently adopts together constitute one amendment
5001cycle in accordance with s. 163.3187(1).
5002     (e)  At the request of an applicant, a local government
5003shall consider an application for zoning changes that would be
5004required to properly enact the provisions of any proposed plan
5005amendment transmitted pursuant to this subsection. Zoning
5006changes approved by the local government are contingent upon the
5007comprehensive plan or plan amendment transmitted becoming
5008effective.
5009     (c)(4)  Reviewing agency comments INTERGOVERNMENTAL
5010REVIEW.-The governmental agencies specified in paragraph (b) may
5011paragraph (3)(a) shall provide comments regarding the plan or
5012plan amendments in accordance with subparagraphs (3)(b)2.-4.
5013However, comments on plans or plan amendments required to be
5014reviewed under the state coordinated review process shall be
5015sent to the state land planning agency within 30 days after
5016receipt by the state land planning agency of the complete
5017proposed plan or plan amendment from the local government. If
5018the state land planning agency comments on a plan or plan
5019amendment adopted under the state coordinated review process, it
5020shall provide comments according to paragraph (d). Any other
5021unit of local government or government agency specified in
5022paragraph (b) may provide comments to the state land planning
5023agency in accordance with subparagraphs (3)(b)2.-4. within 30
5024days after receipt by the state land planning agency of the
5025complete proposed plan or plan amendment. If the plan or plan
5026amendment includes or relates to the public school facilities
5027element pursuant to s. 163.3177(12), the state land planning
5028agency shall submit a copy to the Office of Educational
5029Facilities of the Commissioner of Education for review and
5030comment. The appropriate regional planning council shall also
5031provide its written comments to the state land planning agency
5032within 30 days after receipt by the state land planning agency
5033of the complete proposed plan amendment and shall specify any
5034objections, recommendations for modifications, and comments of
5035any other regional agencies to which the regional planning
5036council may have referred the proposed plan amendment. Written
5037comments submitted by the public shall be sent directly to the
5038local government within 30 days after notice of transmittal by
5039the local government of the proposed plan amendment will be
5040considered as if submitted by governmental agencies. All written
5041agency and public comments must be made part of the file
5042maintained under subsection (2).
5043     (5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of
5044the regional planning council pursuant to subsection (4) shall
5045be limited to effects on regional resources or facilities
5046identified in the strategic regional policy plan and
5047extrajurisdictional impacts which would be inconsistent with the
5048comprehensive plan of the affected local government. However,
5049any inconsistency between a local plan or plan amendment and a
5050strategic regional policy plan must not be the sole basis for a
5051notice of intent to find a local plan or plan amendment not in
5052compliance with this act. A regional planning council shall not
5053review and comment on a proposed comprehensive plan it prepared
5054itself unless the plan has been changed by the local government
5055subsequent to the preparation of the plan by the regional
5056planning agency. The review of the county land planning agency
5057pursuant to subsection (4) shall be primarily in the context of
5058the relationship and effect of the proposed plan amendment on
5059any county comprehensive plan element. Any review by
5060municipalities will be primarily in the context of the
5061relationship and effect on the municipal plan.
5062     (d)(6)  State land planning agency review.-
5063     (a)  The state land planning agency shall review a proposed
5064plan amendment upon request of a regional planning council,
5065affected person, or local government transmitting the plan
5066amendment. The request from the regional planning council or
5067affected person must be received within 30 days after
5068transmittal of the proposed plan amendment pursuant to
5069subsection (3). A regional planning council or affected person
5070requesting a review shall do so by submitting a written request
5071to the agency with a notice of the request to the local
5072government and any other person who has requested notice.
5073     (b)  The state land planning agency may review any proposed
5074plan amendment regardless of whether a request for review has
5075been made, if the agency gives notice to the local government,
5076and any other person who has requested notice, of its intention
5077to conduct such a review within 35 days after receipt of the
5078complete proposed plan amendment.
5079     1.(c)  The state land planning agency shall establish by
5080rule a schedule for receipt of comments from the various
5081government agencies, as well as written public comments,
5082pursuant to subsection (4). If the state land planning agency
5083elects to review a plan or plan the amendment or the agency is
5084required to review the amendment as specified in paragraph
5085(2)(c)(a), the agency shall issue a report giving its
5086objections, recommendations, and comments regarding the proposed
5087plan or plan amendment within 60 days after receipt of the
5088complete proposed plan or plan amendment by the state land
5089planning agency. Notwithstanding the limitation on comments in
5090sub-subparagraph (3)(b)4.g., the state land planning agency may
5091make objections, recommendations, and comments in its report
5092regarding whether the plan or plan amendment is in compliance
5093and whether the plan or plan amendment will adversely impact
5094important state resources and facilities. Any objection
5095regarding an important state resource or facility that will be
5096adversely impacted by the adopted plan or plan amendment shall
5097also state with specificity how the plan or plan amendment will
5098adversely impact the important state resource or facility and
5099shall identify measures the local government may take to
5100eliminate, reduce, or mitigate the adverse impacts. When a
5101federal, state, or regional agency has implemented a permitting
5102program, the state land planning agency shall not require a
5103local government is not required to duplicate or exceed that
5104permitting program in its comprehensive plan or to implement
5105such a permitting program in its land development regulations.
5106This subparagraph does not Nothing contained herein shall
5107prohibit the state land planning agency in conducting its review
5108of local plans or plan amendments from making objections,
5109recommendations, and comments or making compliance
5110determinations regarding densities and intensities consistent
5111with the provisions of this part. In preparing its comments, the
5112state land planning agency shall only base its considerations on
5113written, and not oral, comments, from any source.
5114     2.(d)  The state land planning agency review shall identify
5115all written communications with the agency regarding the
5116proposed plan amendment. If the state land planning agency does
5117not issue such a review, it shall identify in writing to the
5118local government all written communications received 30 days
5119after transmittal. The written identification must include a
5120list of all documents received or generated by the agency, which
5121list must be of sufficient specificity to enable the documents
5122to be identified and copies requested, if desired, and the name
5123of the person to be contacted to request copies of any
5124identified document. The list of documents must be made a part
5125of the public records of the state land planning agency.
5126     (e)(7)  Local government review of comments; adoption of
5127plan or amendments and transmittal.-
5128     1.(a)  The local government shall review the report written
5129comments submitted to it by the state land planning agency, if
5130any, and written comments submitted to it by any other person,
5131agency, or government. Any comments, recommendations, or
5132objections and any reply to them shall be public documents, a
5133part of the permanent record in the matter, and admissible in
5134any proceeding in which the comprehensive plan or plan amendment
5135may be at issue. The local government, upon receipt of the
5136report written comments from the state land planning agency,
5137shall hold its second public hearing, which shall be a hearing
5138to determine whether to adopt the comprehensive plan or one or
5139more comprehensive plan amendments pursuant to subsection (11).
5140If the local government fails to hold the second hearing within
5141180 days after receipt of the state land planning agency's
5142report, the amendments shall be deemed withdrawn unless extended
5143by agreement with notice to the state land planning agency and
5144any affected person that provided comments on the amendment. The
5145180-day limitation does not apply to amendments processed
5146pursuant to s. 380.06.
5147     2.  All comprehensive plan amendments adopted by the
5148governing body, along with the supporting data and analysis,
5149shall be transmitted within 10 days after the second public
5150hearing to the state land planning agency and any other agency
5151or local government that provided timely comments under
5152paragraph (c).
5153     3.  The state land planning agency shall notify the local
5154government of any deficiencies within 5 working days after
5155receipt of a plan or plan amendment package. For purposes of
5156completeness, a plan or plan amendment shall be deemed complete
5157if it contains a full, executed copy of the adoption ordinance
5158or ordinances; in the case of a text amendment, a full copy of
5159the amended language in legislative format with new words
5160inserted in the text underlined, and words deleted stricken with
5161hyphens; in the case of a future land use map amendment, a copy
5162of the future land use map clearly depicting the parcel, its
5163existing future land use designation, and its adopted
5164designation; and a copy of any data and analyses the local
5165government deems appropriate.
5166     4.  After the state land planning agency makes a
5167determination of completeness regarding the adopted plan or plan
5168amendment, the state land planning agency shall have 45 days to
5169determine if the plan or plan amendment is in compliance with
5170this act. Unless the plan or plan amendment is substantially
5171changed from the one commented on, the state land planning
5172agency's compliance determination shall be limited to objections
5173raised in the objections, recommendations, and comments report.
5174During the period provided for in this subparagraph, the state
5175land planning agency shall issue, through a senior administrator
5176or the secretary, a notice of intent to find that the plan or
5177plan amendment is in compliance or not in compliance. The state
5178land planning agency shall post a copy of the notice of intent
5179on the agency's Internet site. Publication by the state land
5180planning agency of the notice of intent on the state land
5181planning agency's Internet site shall be prima facie evidence of
5182compliance with the publication requirements of this
5183subparagraph.
5184     5.  A plan or plan amendment adopted under the state
5185coordinated review process shall go into effect pursuant to the
5186state land planning agency's notice of intent. If timely
5187challenged, an amendment does not become effective until the
5188state land planning agency or the Administration Commission
5189enters a final order determining the adopted amendment to be in
5190compliance.
5191     (5)  ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
5192AMENDMENTS.-
5193     (a)  Any affected person as defined in paragraph (1)(a) may
5194file a petition with the Division of Administrative Hearings
5195pursuant to ss. 120.569 and 120.57, with a copy served on the
5196affected local government, to request a formal hearing to
5197challenge whether the plan or plan amendments are in compliance
5198as defined in paragraph (1)(b). This petition must be filed with
5199the division within 30 days after the local government adopts
5200the amendment. The state land planning agency may not intervene
5201in a proceeding initiated by an affected person.
5202     (b)  The state land planning agency may file a petition
5203with the Division of Administrative Hearings pursuant to ss.
5204120.569 and 120.57, with a copy served on the affected local
5205government, to request a formal hearing to challenge whether the
5206plan or plan amendment is in compliance as defined in paragraph
5207(1)(b). The state land planning agency's petition must clearly
5208state the reasons for the challenge. This petition must be filed
5209with the division within 30 days after the state land planning
5210agency notifies the local government that the plan amendment
5211package is complete according to subparagraph (3)(c)3.
5212     1.  The state land planning agency's challenge to plan
5213amendments adopted under the expedited state review process
5214shall be limited to the comments provided by the reviewing
5215agencies pursuant to subparagraphs (3)(b)2.-4., upon a
5216determination by the state land planning agency that an
5217important state resource or facility will be adversely impacted
5218by the adopted plan amendment. The state land planning agency's
5219petition shall state with specificity how the plan amendment
5220will adversely impact the important state resource or facility.
5221The state land planning agency may challenge a plan amendment
5222that has substantially changed from the version on which the
5223agencies provided comments but only upon a determination by the
5224state land planning agency that an important state resource or
5225facility will be adversely impacted.
5226     2.  If the state land planning agency issues a notice of
5227intent to find the comprehensive plan or plan amendment not in
5228compliance with this act, the notice of intent shall be
5229forwarded to the Division of Administrative Hearings of the
5230Department of Management Services, which shall conduct a
5231proceeding under ss. 120.569 and 120.57 in the county of and
5232convenient to the affected local jurisdiction. The parties to
5233the proceeding shall be the state land planning agency, the
5234affected local government, and any affected person who
5235intervenes. No new issue may be alleged as a reason to find a
5236plan or plan amendment not in compliance in an administrative
5237pleading filed more than 21 days after publication of notice
5238unless the party seeking that issue establishes good cause for
5239not alleging the issue within that time period. Good cause does
5240not include excusable neglect.
5241     (c)  An administrative law judge shall hold a hearing in
5242the affected local jurisdiction on whether the plan or plan
5243amendment is in compliance.
5244     1.  In challenges filed by an affected person, the
5245comprehensive plan or plan amendment shall be determined to be
5246in compliance if the local government's determination of
5247compliance is fairly debatable.
5248     2.a.  In challenges filed by the state land planning
5249agency, the local government's determination that the
5250comprehensive plan or plan amendment is in compliance is
5251presumed to be correct, and the local government's determination
5252shall be sustained unless it is shown by a preponderance of the
5253evidence that the comprehensive plan or plan amendment is not in
5254compliance.
5255     b.  In challenges filed by the state land planning agency,
5256the local government's determination that elements of its plan
5257are related to and consistent with each other shall be sustained
5258if the determination is fairly debatable.
5259     3.  In challenges filed by the state land planning agency
5260that require a determination by the agency that an important
5261state resource or facility will be adversely impacted by the
5262adopted plan or plan amendment, the local government may contest
5263the agency's determination of an important state resource or
5264facility. The state land planning agency shall prove its
5265determination by clear and convincing evidence.
5266     (d)  If the administrative law judge recommends that the
5267amendment be found not in compliance, the judge shall submit the
5268recommended order to the Administration Commission for final
5269agency action. The Administration Commission shall enter a final
5270order within 45 days after its receipt of the recommended order.
5271     (e)  If the administrative law judge recommends that the
5272amendment be found in compliance, the judge shall submit the
5273recommended order to the state land planning agency.
5274     1.  If the state land planning agency determines that the
5275plan amendment should be found not in compliance, the agency
5276shall refer, within 30 days after receipt of the recommended
5277order, the recommended order and its determination to the
5278Administration Commission for final agency action.
5279     2.  If the state land planning agency determines that the
5280plan amendment should be found in compliance, the agency shall
5281enter its final order not later than 30 days after receipt of
5282the recommended order.
5283     (f)  Parties to a proceeding under this subsection may
5284enter into compliance agreements using the process in subsection
5285(6).
5286     (6)  COMPLIANCE AGREEMENT.-
5287     (a)  At any time after the filing of a challenge, the state
5288land planning agency and the local government may voluntarily
5289enter into a compliance agreement to resolve one or more of the
5290issues raised in the proceedings. Affected persons who have
5291initiated a formal proceeding or have intervened in a formal
5292proceeding may also enter into a compliance agreement with the
5293local government. All parties granted intervenor status shall be
5294provided reasonable notice of the commencement of a compliance
5295agreement negotiation process and a reasonable opportunity to
5296participate in such negotiation process. Negotiation meetings
5297with local governments or intervenors shall be open to the
5298public. The state land planning agency shall provide each party
5299granted intervenor status with a copy of the compliance
5300agreement within 10 days after the agreement is executed. The
5301compliance agreement shall list each portion of the plan or plan
5302amendment that has been challenged, and shall specify remedial
5303actions that the local government has agreed to complete within
5304a specified time in order to resolve the challenge, including
5305adoption of all necessary plan amendments. The compliance
5306agreement may also establish monitoring requirements and
5307incentives to ensure that the conditions of the compliance
5308agreement are met.
5309     (b)  Upon the filing of a compliance agreement executed by
5310the parties to a challenge and the local government with the
5311Division of Administrative Hearings, any administrative
5312proceeding under ss. 120.569 and 120.57 regarding the plan or
5313plan amendment covered by the compliance agreement shall be
5314stayed.
5315     (c)  Before its execution of a compliance agreement, the
5316local government must approve the compliance agreement at a
5317public hearing advertised at least 10 days before the public
5318hearing in a newspaper of general circulation in the area in
5319accordance with the advertisement requirements of chapter 125 or
5320chapter 166, as applicable.
5321     (d)  The local government shall hold a single public
5322hearing for adopting remedial amendments.
5323     (e)  For challenges to amendments adopted under the
5324expedited review process, if the local government adopts a
5325comprehensive plan amendment pursuant to a compliance agreement,
5326an affected person or the state land planning agency may file a
5327revised challenge with the Division of Administrative Hearings
5328within 15 days after the adoption of the remedial amendment.
5329     (f)  For challenges to amendments adopted under the state
5330coordinated process, the state land planning agency, upon
5331receipt of a plan or plan amendment adopted pursuant to a
5332compliance agreement, shall issue a cumulative notice of intent
5333addressing both the remedial amendment and the plan or plan
5334amendment that was the subject of the agreement.
5335     1.  If the local government adopts a comprehensive plan or
5336plan amendment pursuant to a compliance agreement and a notice
5337of intent to find the plan amendment in compliance is issued,
5338the state land planning agency shall forward the notice of
5339intent to the Division of Administrative Hearings and the
5340administrative law judge shall realign the parties in the
5341pending proceeding under ss. 120.569 and 120.57, which shall
5342thereafter be governed by the process contained in paragraph
5343(5)(a) and subparagraph (5)(c)1., including provisions relating
5344to challenges by an affected person, burden of proof, and issues
5345of a recommended order and a final order. Parties to the
5346original proceeding at the time of realignment may continue as
5347parties without being required to file additional pleadings to
5348initiate a proceeding, but may timely amend their pleadings to
5349raise any challenge to the amendment that is the subject of the
5350cumulative notice of intent, and must otherwise conform to the
5351rules of procedure of the Division of Administrative Hearings.
5352Any affected person not a party to the realigned proceeding may
5353challenge the plan amendment that is the subject of the
5354cumulative notice of intent by filing a petition with the agency
5355as provided in subsection (5). The agency shall forward the
5356petition filed by the affected person not a party to the
5357realigned proceeding to the Division of Administrative Hearings
5358for consolidation with the realigned proceeding. If the
5359cumulative notice of intent is not challenged, the state land
5360planning agency shall request that the Division of
5361Administrative Hearings relinquish jurisdiction to the state
5362land planning agency for issuance of a final order.
5363     2.  If the local government adopts a comprehensive plan
5364amendment pursuant to a compliance agreement and a notice of
5365intent is issued that finds the plan amendment not in
5366compliance, the state land planning agency shall forward the
5367notice of intent to the Division of Administrative Hearings,
5368which shall consolidate the proceeding with the pending
5369proceeding and immediately set a date for a hearing in the
5370pending proceeding under ss. 120.569 and 120.57. Affected
5371persons who are not a party to the underlying proceeding under
5372ss. 120.569 and 120.57 may challenge the plan amendment adopted
5373pursuant to the compliance agreement by filing a petition
5374pursuant to paragraph (5)(a).
5375     (g)  This subsection does not prohibit a local government
5376from amending portions of its comprehensive plan other than
5377those that are the subject of a challenge. However, such
5378amendments to the plan may not be inconsistent with the
5379compliance agreement.
5380     (h)  This subsection does not require settlement by any
5381party against its will or preclude the use of other informal
5382dispute resolution methods in the course of or in addition to
5383the method described in this subsection.
5384     (7)  MEDIATION AND EXPEDITIOUS RESOLUTION.-
5385     (a)  At any time after the matter has been forwarded to the
5386Division of Administrative Hearings, the local government
5387proposing the amendment may demand formal mediation or the local
5388government proposing the amendment or an affected person who is
5389a party to the proceeding may demand informal mediation or
5390expeditious resolution of the amendment proceedings by serving
5391written notice on the state land planning agency if a party to
5392the proceeding, all other parties to the proceeding, and the
5393administrative law judge.
5394     (b)  Upon receipt of a notice pursuant to paragraph (a),
5395the administrative law judge shall set the matter for final
5396hearing no more than 30 days after receipt of the notice. Once a
5397final hearing has been set, no continuance in the hearing, and
5398no additional time for post-hearing submittals, may be granted
5399without the written agreement of the parties absent a finding by
5400the administrative law judge of extraordinary circumstances.
5401Extraordinary circumstances do not include matters relating to
5402workload or need for additional time for preparation,
5403negotiation, or mediation.
5404     (c)  Absent a showing of extraordinary circumstances, the
5405administrative law judge shall issue a recommended order, in a
5406case proceeding under subsection (5), within 30 days after
5407filing of the transcript, unless the parties agree in writing to
5408a longer time.
5409     (d)  Absent a showing of extraordinary circumstances, the
5410Administration Commission shall issue a final order, in a case
5411proceeding under subsection (5), within 45 days after the
5412issuance of the recommended order, unless the parties agree in
5413writing to a longer time. have 120 days to adopt or adopt with
5414changes the proposed comprehensive plan or s. 163.3191 plan
5415amendments. In the case of comprehensive plan amendments other
5416than those proposed pursuant to s. 163.3191, the local
5417government shall have 60 days to adopt the amendment, adopt the
5418amendment with changes, or determine that it will not adopt the
5419amendment. The adoption of the proposed plan or plan amendment
5420or the determination not to adopt a plan amendment, other than a
5421plan amendment proposed pursuant to s. 163.3191, shall be made
5422in the course of a public hearing pursuant to subsection (15).
5423The local government shall transmit the complete adopted
5424comprehensive plan or plan amendment, including the names and
5425addresses of persons compiled pursuant to paragraph (15)(c), to
5426the state land planning agency as specified in the agency's
5427procedural rules within 10 working days after adoption. The
5428local governing body shall also transmit a copy of the adopted
5429comprehensive plan or plan amendment to the regional planning
5430agency and to any other unit of local government or governmental
5431agency in the state that has filed a written request with the
5432governing body for a copy of the plan or plan amendment.
5433     (b)  If the adopted plan amendment is unchanged from the
5434proposed plan amendment transmitted pursuant to subsection (3)
5435and an affected person as defined in paragraph (1)(a) did not
5436raise any objection, the state land planning agency did not
5437review the proposed plan amendment, and the state land planning
5438agency did not raise any objections during its review pursuant
5439to subsection (6), the local government may state in the
5440transmittal letter that the plan amendment is unchanged and was
5441not the subject of objections.
5442     (8)  NOTICE OF INTENT.-
5443     (a)  If the transmittal letter correctly states that the
5444plan amendment is unchanged and was not the subject of review or
5445objections pursuant to paragraph (7)(b), the state land planning
5446agency has 20 days after receipt of the transmittal letter
5447within which to issue a notice of intent that the plan amendment
5448is in compliance.
5449     (b)  Except as provided in paragraph (a) or in s.
5450163.3187(3), the state land planning agency, upon receipt of a
5451local government's complete adopted comprehensive plan or plan
5452amendment, shall have 45 days for review and to determine if the
5453plan or plan amendment is in compliance with this act, unless
5454the amendment is the result of a compliance agreement entered
5455into under subsection (16), in which case the time period for
5456review and determination shall be 30 days. If review was not
5457conducted under subsection (6), the agency's determination must
5458be based upon the plan amendment as adopted. If review was
5459conducted under subsection (6), the agency's determination of
5460compliance must be based only upon one or both of the following:
5461     1.  The state land planning agency's written comments to
5462the local government pursuant to subsection (6); or
5463     2.  Any changes made by the local government to the
5464comprehensive plan or plan amendment as adopted.
5465     (c)1.  During the time period provided for in this
5466subsection, the state land planning agency shall issue, through
5467a senior administrator or the secretary, as specified in the
5468agency's procedural rules, a notice of intent to find that the
5469plan or plan amendment is in compliance or not in compliance. A
5470notice of intent shall be issued by publication in the manner
5471provided by this paragraph and by mailing a copy to the local
5472government. The advertisement shall be placed in that portion of
5473the newspaper where legal notices appear. The advertisement
5474shall be published in a newspaper that meets the size and
5475circulation requirements set forth in paragraph (15)(e) and that
5476has been designated in writing by the affected local government
5477at the time of transmittal of the amendment. Publication by the
5478state land planning agency of a notice of intent in the
5479newspaper designated by the local government shall be prima
5480facie evidence of compliance with the publication requirements
5481of this section. The state land planning agency shall post a
5482copy of the notice of intent on the agency's Internet site. The
5483agency shall, no later than the date the notice of intent is
5484transmitted to the newspaper, send by regular mail a courtesy
5485informational statement to persons who provide their names and
5486addresses to the local government at the transmittal hearing or
5487at the adoption hearing where the local government has provided
5488the names and addresses of such persons to the department at the
5489time of transmittal of the adopted amendment. The informational
5490statements shall include the name of the newspaper in which the
5491notice of intent will appear, the approximate date of
5492publication, the ordinance number of the plan or plan amendment,
5493and a statement that affected persons have 21 days after the
5494actual date of publication of the notice to file a petition.
5495     2.  A local government that has an Internet site shall post
5496a copy of the state land planning agency's notice of intent on
5497the site within 5 days after receipt of the mailed copy of the
5498agency's notice of intent.
5499     (9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.-
5500     (a)  If the state land planning agency issues a notice of
5501intent to find that the comprehensive plan or plan amendment
5502transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5503or s. 163.3191 is in compliance with this act, any affected
5504person may file a petition with the agency pursuant to ss.
5505120.569 and 120.57 within 21 days after the publication of
5506notice. In this proceeding, the local plan or plan amendment
5507shall be determined to be in compliance if the local
5508government's determination of compliance is fairly debatable.
5509     (b)  The hearing shall be conducted by an administrative
5510law judge of the Division of Administrative Hearings of the
5511Department of Management Services, who shall hold the hearing in
5512the county of and convenient to the affected local jurisdiction
5513and submit a recommended order to the state land planning
5514agency. The state land planning agency shall allow for the
5515filing of exceptions to the recommended order and shall issue a
5516final order after receipt of the recommended order if the state
5517land planning agency determines that the plan or plan amendment
5518is in compliance. If the state land planning agency determines
5519that the plan or plan amendment is not in compliance, the agency
5520shall submit the recommended order to the Administration
5521Commission for final agency action.
5522     (10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5523COMPLIANCE.-
5524     (a)  If the state land planning agency issues a notice of
5525intent to find the comprehensive plan or plan amendment not in
5526compliance with this act, the notice of intent shall be
5527forwarded to the Division of Administrative Hearings of the
5528Department of Management Services, which shall conduct a
5529proceeding under ss. 120.569 and 120.57 in the county of and
5530convenient to the affected local jurisdiction. The parties to
5531the proceeding shall be the state land planning agency, the
5532affected local government, and any affected person who
5533intervenes. No new issue may be alleged as a reason to find a
5534plan or plan amendment not in compliance in an administrative
5535pleading filed more than 21 days after publication of notice
5536unless the party seeking that issue establishes good cause for
5537not alleging the issue within that time period. Good cause shall
5538not include excusable neglect. In the proceeding, the local
5539government's determination that the comprehensive plan or plan
5540amendment is in compliance is presumed to be correct. The local
5541government's determination shall be sustained unless it is shown
5542by a preponderance of the evidence that the comprehensive plan
5543or plan amendment is not in compliance. The local government's
5544determination that elements of its plans are related to and
5545consistent with each other shall be sustained if the
5546determination is fairly debatable.
5547     (b)  The administrative law judge assigned by the division
5548shall submit a recommended order to the Administration
5549Commission for final agency action.
5550     (c)  Prior to the hearing, the state land planning agency
5551shall afford an opportunity to mediate or otherwise resolve the
5552dispute. If a party to the proceeding requests mediation or
5553other alternative dispute resolution, the hearing may not be
5554held until the state land planning agency advises the
5555administrative law judge in writing of the results of the
5556mediation or other alternative dispute resolution. However, the
5557hearing may not be delayed for longer than 90 days for mediation
5558or other alternative dispute resolution unless a longer delay is
5559agreed to by the parties to the proceeding. The costs of the
5560mediation or other alternative dispute resolution shall be borne
5561equally by all of the parties to the proceeding.
5562     (8)(11)  ADMINISTRATION COMMISSION.-
5563     (a)  If the Administration Commission, upon a hearing
5564pursuant to subsection (5)(9) or subsection (10), finds that the
5565comprehensive plan or plan amendment is not in compliance with
5566this act, the commission shall specify remedial actions that
5567which would bring the comprehensive plan or plan amendment into
5568compliance.
5569     (b)  The commission may specify the sanctions provided in
5570subparagraphs 1. and 2. to which the local government will be
5571subject if it elects to make the amendment effective
5572notwithstanding the determination of noncompliance.
5573     1.  The commission may direct state agencies not to provide
5574funds to increase the capacity of roads, bridges, or water and
5575sewer systems within the boundaries of those local governmental
5576entities which have comprehensive plans or plan elements that
5577are determined not to be in compliance. The commission order may
5578also specify that the local government is shall not be eligible
5579for grants administered under the following programs:
5580     a.1.  The Florida Small Cities Community Development Block
5581Grant Program, as authorized by ss. 290.0401-290.049.
5582     b.2.  The Florida Recreation Development Assistance
5583Program, as authorized by chapter 375.
5584     c.3.  Revenue sharing pursuant to ss. 206.60, 210.20, and
5585218.61 and chapter 212, to the extent not pledged to pay back
5586bonds.
5587     2.(b)  If the local government is one which is required to
5588include a coastal management element in its comprehensive plan
5589pursuant to s. 163.3177(6)(g), the commission order may also
5590specify that the local government is not eligible for funding
5591pursuant to s. 161.091. The commission order may also specify
5592that the fact that the coastal management element has been
5593determined to be not in compliance shall be a consideration when
5594the department considers permits under s. 161.053 and when the
5595Board of Trustees of the Internal Improvement Trust Fund
5596considers whether to sell, convey any interest in, or lease any
5597sovereignty lands or submerged lands until the element is
5598brought into compliance.
5599     3.(c)  The sanctions provided by subparagraphs 1. and 2. do
5600paragraphs (a) and (b) shall not apply to a local government
5601regarding any plan amendment, except for plan amendments that
5602amend plans that have not been finally determined to be in
5603compliance with this part, and except as provided in paragraph
5604(b) s. 163.3189(2) or s. 163.3191(11).
5605     (9)(12)  GOOD FAITH FILING.-The signature of an attorney or
5606party constitutes a certificate that he or she has read the
5607pleading, motion, or other paper and that, to the best of his or
5608her knowledge, information, and belief formed after reasonable
5609inquiry, it is not interposed for any improper purpose, such as
5610to harass or to cause unnecessary delay, or for economic
5611advantage, competitive reasons, or frivolous purposes or
5612needless increase in the cost of litigation. If a pleading,
5613motion, or other paper is signed in violation of these
5614requirements, the administrative law judge, upon motion or his
5615or her own initiative, shall impose upon the person who signed
5616it, a represented party, or both, an appropriate sanction, which
5617may include an order to pay to the other party or parties the
5618amount of reasonable expenses incurred because of the filing of
5619the pleading, motion, or other paper, including a reasonable
5620attorney's fee.
5621     (10)(13)  EXCLUSIVE PROCEEDINGS.-The proceedings under this
5622section shall be the sole proceeding or action for a
5623determination of whether a local government's plan, element, or
5624amendment is in compliance with this act.
5625     (14)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5626government comprehensive plan or plan amendment which is
5627applicable to a designated area of critical state concern shall
5628be effective until a final order is issued finding the plan or
5629amendment to be in compliance as defined in this section.
5630     (11)(15)  PUBLIC HEARINGS.-
5631     (a)  The procedure for transmittal of a complete proposed
5632comprehensive plan or plan amendment pursuant to subparagraph
5633subsection (3)(b)1. and paragraph (4)(b) and for adoption of a
5634comprehensive plan or plan amendment pursuant to
5635subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
5636affirmative vote of not less than a majority of the members of
5637the governing body present at the hearing. The adoption of a
5638comprehensive plan or plan amendment shall be by ordinance. For
5639the purposes of transmitting or adopting a comprehensive plan or
5640plan amendment, the notice requirements in chapters 125 and 166
5641are superseded by this subsection, except as provided in this
5642part.
5643     (b)  The local governing body shall hold at least two
5644advertised public hearings on the proposed comprehensive plan or
5645plan amendment as follows:
5646     1.  The first public hearing shall be held at the
5647transmittal stage pursuant to subsection (3). It shall be held
5648on a weekday at least 7 days after the day that the first
5649advertisement is published pursuant to the requirements of
5650chapter 125 or chapter 166.
5651     2.  The second public hearing shall be held at the adoption
5652stage pursuant to subsection (7). It shall be held on a weekday
5653at least 5 days after the day that the second advertisement is
5654published pursuant to the requirements of chapter 125 or chapter
5655166.
5656     (c)  Nothing in this part is intended to prohibit or limit
5657the authority of local governments to require a person
5658requesting an amendment to pay some or all of the cost of the
5659public notice.
5660     (12) CONCURRENT ZONING.-At the request of an applicant, a
5661local government shall consider an application for zoning
5662changes that would be required to properly enact any proposed
5663plan amendment transmitted pursuant to this subsection. Zoning
5664changes approved by the local government are contingent upon the
5665comprehensive plan or plan amendment transmitted becoming
5666effective.
5667     (13)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5668government comprehensive plan or plan amendment that is
5669applicable to a designated area of critical state concern shall
5670be effective until a final order is issued finding the plan or
5671amendment to be in compliance as defined in paragraph (1)(b).
5672     (c)  The local government shall provide a sign-in form at
5673the transmittal hearing and at the adoption hearing for persons
5674to provide their names and mailing addresses. The sign-in form
5675must advise that any person providing the requested information
5676will receive a courtesy informational statement concerning
5677publications of the state land planning agency's notice of
5678intent. The local government shall add to the sign-in form the
5679name and address of any person who submits written comments
5680concerning the proposed plan or plan amendment during the time
5681period between the commencement of the transmittal hearing and
5682the end of the adoption hearing. It is the responsibility of the
5683person completing the form or providing written comments to
5684accurately, completely, and legibly provide all information
5685needed in order to receive the courtesy informational statement.
5686     (d)  The agency shall provide a model sign-in form for
5687providing the list to the agency which may be used by the local
5688government to satisfy the requirements of this subsection.
5689     (e)  If the proposed comprehensive plan or plan amendment
5690changes the actual list of permitted, conditional, or prohibited
5691uses within a future land use category or changes the actual
5692future land use map designation of a parcel or parcels of land,
5693the required advertisements shall be in the format prescribed by
5694s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5695municipality.
5696     (16)  COMPLIANCE AGREEMENTS.-
5697     (a)  At any time following the issuance of a notice of
5698intent to find a comprehensive plan or plan amendment not in
5699compliance with this part or after the initiation of a hearing
5700pursuant to subsection (9), the state land planning agency and
5701the local government may voluntarily enter into a compliance
5702agreement to resolve one or more of the issues raised in the
5703proceedings. Affected persons who have initiated a formal
5704proceeding or have intervened in a formal proceeding may also
5705enter into the compliance agreement. All parties granted
5706intervenor status shall be provided reasonable notice of the
5707commencement of a compliance agreement negotiation process and a
5708reasonable opportunity to participate in such negotiation
5709process. Negotiation meetings with local governments or
5710intervenors shall be open to the public. The state land planning
5711agency shall provide each party granted intervenor status with a
5712copy of the compliance agreement within 10 days after the
5713agreement is executed. The compliance agreement shall list each
5714portion of the plan or plan amendment which is not in
5715compliance, and shall specify remedial actions which the local
5716government must complete within a specified time in order to
5717bring the plan or plan amendment into compliance, including
5718adoption of all necessary plan amendments. The compliance
5719agreement may also establish monitoring requirements and
5720incentives to ensure that the conditions of the compliance
5721agreement are met.
5722     (b)  Upon filing by the state land planning agency of a
5723compliance agreement executed by the agency and the local
5724government with the Division of Administrative Hearings, any
5725administrative proceeding under ss. 120.569 and 120.57 regarding
5726the plan or plan amendment covered by the compliance agreement
5727shall be stayed.
5728     (c)  Prior to its execution of a compliance agreement, the
5729local government must approve the compliance agreement at a
5730public hearing advertised at least 10 days before the public
5731hearing in a newspaper of general circulation in the area in
5732accordance with the advertisement requirements of subsection
5733(15).
5734     (d)  A local government may adopt a plan amendment pursuant
5735to a compliance agreement in accordance with the requirements of
5736paragraph (15)(a). The plan amendment shall be exempt from the
5737requirements of subsections (2)-(7). The local government shall
5738hold a single adoption public hearing pursuant to the
5739requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5740Within 10 working days after adoption of a plan amendment, the
5741local government shall transmit the amendment to the state land
5742planning agency as specified in the agency's procedural rules,
5743and shall submit one copy to the regional planning agency and to
5744any other unit of local government or government agency in the
5745state that has filed a written request with the governing body
5746for a copy of the plan amendment, and one copy to any party to
5747the proceeding under ss. 120.569 and 120.57 granted intervenor
5748status.
5749     (e)  The state land planning agency, upon receipt of a plan
5750amendment adopted pursuant to a compliance agreement, shall
5751issue a cumulative notice of intent addressing both the
5752compliance agreement amendment and the plan or plan amendment
5753that was the subject of the agreement, in accordance with
5754subsection (8).
5755     (f)1.  If the local government adopts a comprehensive plan
5756amendment pursuant to a compliance agreement and a notice of
5757intent to find the plan amendment in compliance is issued, the
5758state land planning agency shall forward the notice of intent to
5759the Division of Administrative Hearings and the administrative
5760law judge shall realign the parties in the pending proceeding
5761under ss. 120.569 and 120.57, which shall thereafter be governed
5762by the process contained in paragraphs (9)(a) and (b), including
5763provisions relating to challenges by an affected person, burden
5764of proof, and issues of a recommended order and a final order,
5765except as provided in subparagraph 2. Parties to the original
5766proceeding at the time of realignment may continue as parties
5767without being required to file additional pleadings to initiate
5768a proceeding, but may timely amend their pleadings to raise any
5769challenge to the amendment which is the subject of the
5770cumulative notice of intent, and must otherwise conform to the
5771rules of procedure of the Division of Administrative Hearings.
5772Any affected person not a party to the realigned proceeding may
5773challenge the plan amendment which is the subject of the
5774cumulative notice of intent by filing a petition with the agency
5775as provided in subsection (9). The agency shall forward the
5776petition filed by the affected person not a party to the
5777realigned proceeding to the Division of Administrative Hearings
5778for consolidation with the realigned proceeding.
5779     2.  If any of the issues raised by the state land planning
5780agency in the original subsection (10) proceeding are not
5781resolved by the compliance agreement amendments, any intervenor
5782in the original subsection (10) proceeding may require those
5783issues to be addressed in the pending consolidated realigned
5784proceeding under ss. 120.569 and 120.57. As to those unresolved
5785issues, the burden of proof shall be governed by subsection
5786(10).
5787     3.  If the local government adopts a comprehensive plan
5788amendment pursuant to a compliance agreement and a notice of
5789intent to find the plan amendment not in compliance is issued,
5790the state land planning agency shall forward the notice of
5791intent to the Division of Administrative Hearings, which shall
5792consolidate the proceeding with the pending proceeding and
5793immediately set a date for hearing in the pending proceeding
5794under ss. 120.569 and 120.57. Affected persons who are not a
5795party to the underlying proceeding under ss. 120.569 and 120.57
5796may challenge the plan amendment adopted pursuant to the
5797compliance agreement by filing a petition pursuant to subsection
5798(10).
5799     (g)  If the local government fails to adopt a comprehensive
5800plan amendment pursuant to a compliance agreement, the state
5801land planning agency shall notify the Division of Administrative
5802Hearings, which shall set the hearing in the pending proceeding
5803under ss. 120.569 and 120.57 at the earliest convenient time.
5804     (h)  This subsection does not prohibit a local government
5805from amending portions of its comprehensive plan other than
5806those which are the subject of the compliance agreement.
5807However, such amendments to the plan may not be inconsistent
5808with the compliance agreement.
5809     (i)  Nothing in this subsection is intended to limit the
5810parties from entering into a compliance agreement at any time
5811before the final order in the proceeding is issued, provided
5812that the provisions of paragraph (c) shall apply regardless of
5813when the compliance agreement is reached.
5814     (j)  Nothing in this subsection is intended to force any
5815party into settlement against its will or to preclude the use of
5816other informal dispute resolution methods, such as the services
5817offered by the Florida Growth Management Dispute Resolution
5818Consortium, in the course of or in addition to the method
5819described in this subsection.
5820     (17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.-
5821A local government that has adopted a community vision and urban
5822service boundary under s. 163.3177(13) and (14) may adopt a plan
5823amendment related to map amendments solely to property within an
5824urban service boundary in the manner described in subsections
5825(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5826and e., 2., and 3., such that state and regional agency review
5827is eliminated. The department may not issue an objections,
5828recommendations, and comments report on proposed plan amendments
5829or a notice of intent on adopted plan amendments; however,
5830affected persons, as defined by paragraph (1)(a), may file a
5831petition for administrative review pursuant to the requirements
5832of s. 163.3187(3)(a) to challenge the compliance of an adopted
5833plan amendment. This subsection does not apply to any amendment
5834within an area of critical state concern, to any amendment that
5835increases residential densities allowable in high-hazard coastal
5836areas as defined in s. 163.3178(2)(h), or to a text change to
5837the goals, policies, or objectives of the local government's
5838comprehensive plan. Amendments submitted under this subsection
5839are exempt from the limitation on the frequency of plan
5840amendments in s. 163.3187.
5841     (18)  URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A
5842municipality that has a designated urban infill and
5843redevelopment area under s. 163.2517 may adopt a plan amendment
5844related to map amendments solely to property within a designated
5845urban infill and redevelopment area in the manner described in
5846subsections (1), (2), (7), (14), (15), and (16) and s.
5847163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5848regional agency review is eliminated. The department may not
5849issue an objections, recommendations, and comments report on
5850proposed plan amendments or a notice of intent on adopted plan
5851amendments; however, affected persons, as defined by paragraph
5852(1)(a), may file a petition for administrative review pursuant
5853to the requirements of s. 163.3187(3)(a) to challenge the
5854compliance of an adopted plan amendment. This subsection does
5855not apply to any amendment within an area of critical state
5856concern, to any amendment that increases residential densities
5857allowable in high-hazard coastal areas as defined in s.
5858163.3178(2)(h), or to a text change to the goals, policies, or
5859objectives of the local government's comprehensive plan.
5860Amendments submitted under this subsection are exempt from the
5861limitation on the frequency of plan amendments in s. 163.3187.
5862     (19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local
5863government that identifies in its comprehensive plan the types
5864of housing developments and conditions for which it will
5865consider plan amendments that are consistent with the local
5866housing incentive strategies identified in s. 420.9076 and
5867authorized by the local government may expedite consideration of
5868such plan amendments. At least 30 days prior to adopting a plan
5869amendment pursuant to this subsection, the local government
5870shall notify the state land planning agency of its intent to
5871adopt such an amendment, and the notice shall include the local
5872government's evaluation of site suitability and availability of
5873facilities and services. A plan amendment considered under this
5874subsection shall require only a single public hearing before the
5875local governing body, which shall be a plan amendment adoption
5876hearing as described in subsection (7). The public notice of the
5877hearing required under subparagraph (15)(b)2. must include a
5878statement that the local government intends to use the expedited
5879adoption process authorized under this subsection. The state
5880land planning agency shall issue its notice of intent required
5881under subsection (8) within 30 days after determining that the
5882amendment package is complete. Any further proceedings shall be
5883governed by subsections (9)-(16).
5884     Section 18.  Section 163.3187, Florida Statutes, is amended
5885to read:
5886     163.3187  Process for adoption of small-scale comprehensive
5887plan amendment of adopted comprehensive plan.-
5888     (1)  Amendments to comprehensive plans adopted pursuant to
5889this part may be made not more than two times during any
5890calendar year, except:
5891     (a)  In the case of an emergency, comprehensive plan
5892amendments may be made more often than twice during the calendar
5893year if the additional plan amendment receives the approval of
5894all of the members of the governing body. "Emergency" means any
5895occurrence or threat thereof whether accidental or natural,
5896caused by humankind, in war or peace, which results or may
5897result in substantial injury or harm to the population or
5898substantial damage to or loss of property or public funds.
5899     (b)  Any local government comprehensive plan amendments
5900directly related to a proposed development of regional impact,
5901including changes which have been determined to be substantial
5902deviations and including Florida Quality Developments pursuant
5903to s. 380.061, may be initiated by a local planning agency and
5904considered by the local governing body at the same time as the
5905application for development approval using the procedures
5906provided for local plan amendment in this section and applicable
5907local ordinances.
5908     (1)(c)  Any local government comprehensive plan amendments
5909directly related to proposed small scale development activities
5910may be approved without regard to statutory limits on the
5911frequency of consideration of amendments to the local
5912comprehensive plan. A small scale development amendment may be
5913adopted only under the following conditions:
5914     (a)1.  The proposed amendment involves a use of 10 acres or
5915fewer and:
5916     (b)a.  The cumulative annual effect of the acreage for all
5917small scale development amendments adopted by the local
5918government does shall not exceed:
5919     (I)  a maximum of 120 acres in a calendar year. local
5920government that contains areas specifically designated in the
5921local comprehensive plan for urban infill, urban redevelopment,
5922or downtown revitalization as defined in s. 163.3164, urban
5923infill and redevelopment areas designated under s. 163.2517,
5924transportation concurrency exception areas approved pursuant to
5925s. 163.3180(5), or regional activity centers and urban central
5926business districts approved pursuant to s. 380.06(2)(e);
5927however, amendments under this paragraph may be applied to no
5928more than 60 acres annually of property outside the designated
5929areas listed in this sub-sub-subparagraph. Amendments adopted
5930pursuant to paragraph (k) shall not be counted toward the
5931acreage limitations for small scale amendments under this
5932paragraph.
5933     (II)  A maximum of 80 acres in a local government that does
5934not contain any of the designated areas set forth in sub-sub-
5935subparagraph (I).
5936     (III)  A maximum of 120 acres in a county established
5937pursuant to s. 9, Art. VIII of the State Constitution.
5938     b.  The proposed amendment does not involve the same
5939property granted a change within the prior 12 months.
5940     c.  The proposed amendment does not involve the same
5941owner's property within 200 feet of property granted a change
5942within the prior 12 months.
5943     (c)d.  The proposed amendment does not involve a text
5944change to the goals, policies, and objectives of the local
5945government's comprehensive plan, but only proposes a land use
5946change to the future land use map for a site-specific small
5947scale development activity. However, text changes that relate
5948directly to, and are adopted simultaneously with, the small
5949scale future land use map amendment shall be permissible under
5950this section.
5951     (d)e.  The property that is the subject of the proposed
5952amendment is not located within an area of critical state
5953concern, unless the project subject to the proposed amendment
5954involves the construction of affordable housing units meeting
5955the criteria of s. 420.0004(3), and is located within an area of
5956critical state concern designated by s. 380.0552 or by the
5957Administration Commission pursuant to s. 380.05(1). Such
5958amendment is not subject to the density limitations of sub-
5959subparagraph f., and shall be reviewed by the state land
5960planning agency for consistency with the principles for guiding
5961development applicable to the area of critical state concern
5962where the amendment is located and shall not become effective
5963until a final order is issued under s. 380.05(6).
5964     f.  If the proposed amendment involves a residential land
5965use, the residential land use has a density of 10 units or less
5966per acre or the proposed future land use category allows a
5967maximum residential density of the same or less than the maximum
5968residential density allowable under the existing future land use
5969category, except that this limitation does not apply to small
5970scale amendments involving the construction of affordable
5971housing units meeting the criteria of s. 420.0004(3) on property
5972which will be the subject of a land use restriction agreement,
5973or small scale amendments described in sub-sub-subparagraph
5974a.(I) that are designated in the local comprehensive plan for
5975urban infill, urban redevelopment, or downtown revitalization as
5976defined in s. 163.3164, urban infill and redevelopment areas
5977designated under s. 163.2517, transportation concurrency
5978exception areas approved pursuant to s. 163.3180(5), or regional
5979activity centers and urban central business districts approved
5980pursuant to s. 380.06(2)(e).
5981     2.a.  A local government that proposes to consider a plan
5982amendment pursuant to this paragraph is not required to comply
5983with the procedures and public notice requirements of s.
5984163.3184(15)(c) for such plan amendments if the local government
5985complies with the provisions in s. 125.66(4)(a) for a county or
5986in s. 166.041(3)(c) for a municipality. If a request for a plan
5987amendment under this paragraph is initiated by other than the
5988local government, public notice is required.
5989     b.  The local government shall send copies of the notice
5990and amendment to the state land planning agency, the regional
5991planning council, and any other person or entity requesting a
5992copy. This information shall also include a statement
5993identifying any property subject to the amendment that is
5994located within a coastal high-hazard area as identified in the
5995local comprehensive plan.
5996     (2)3.  Small scale development amendments adopted pursuant
5997to this section paragraph require only one public hearing before
5998the governing board, which shall be an adoption hearing as
5999described in s. 163.3184(11)(7), and are not subject to the
6000requirements of s. 163.3184(3)-(6) unless the local government
6001elects to have them subject to those requirements.
6002     (3)4.  If the small scale development amendment involves a
6003site within an area that is designated by the Governor as a
6004rural area of critical economic concern as defined under s.
6005288.0656(2)(d)(7) for the duration of such designation, the 10-
6006acre limit listed in subsection (1) subparagraph 1. shall be
6007increased by 100 percent to 20 acres. The local government
6008approving the small scale plan amendment shall certify to the
6009Office of Tourism, Trade, and Economic Development that the plan
6010amendment furthers the economic objectives set forth in the
6011executive order issued under s. 288.0656(7), and the property
6012subject to the plan amendment shall undergo public review to
6013ensure that all concurrency requirements and federal, state, and
6014local environmental permit requirements are met.
6015     (d)  Any comprehensive plan amendment required by a
6016compliance agreement pursuant to s. 163.3184(16) may be approved
6017without regard to statutory limits on the frequency of adoption
6018of amendments to the comprehensive plan.
6019     (e)  A comprehensive plan amendment for location of a state
6020correctional facility. Such an amendment may be made at any time
6021and does not count toward the limitation on the frequency of
6022plan amendments.
6023     (f)  The capital improvements element annual update
6024required in s. 163.3177(3)(b)1. and any amendments directly
6025related to the schedule.
6026     (g)  Any local government comprehensive plan amendments
6027directly related to proposed redevelopment of brownfield areas
6028designated under s. 376.80 may be approved without regard to
6029statutory limits on the frequency of consideration of amendments
6030to the local comprehensive plan.
6031     (h)  Any comprehensive plan amendments for port
6032transportation facilities and projects that are eligible for
6033funding by the Florida Seaport Transportation and Economic
6034Development Council pursuant to s. 311.07.
6035     (i)  A comprehensive plan amendment for the purpose of
6036designating an urban infill and redevelopment area under s.
6037163.2517 may be approved without regard to the statutory limits
6038on the frequency of amendments to the comprehensive plan.
6039     (j)  Any comprehensive plan amendment to establish public
6040school concurrency pursuant to s. 163.3180(13), including, but
6041not limited to, adoption of a public school facilities element
6042and adoption of amendments to the capital improvements element
6043and intergovernmental coordination element. In order to ensure
6044the consistency of local government public school facilities
6045elements within a county, such elements shall be prepared and
6046adopted on a similar time schedule.
6047     (k)  A local comprehensive plan amendment directly related
6048to providing transportation improvements to enhance life safety
6049on Controlled Access Major Arterial Highways identified in the
6050Florida Intrastate Highway System, in counties as defined in s.
6051125.011, where such roadways have a high incidence of traffic
6052accidents resulting in serious injury or death. Any such
6053amendment shall not include any amendment modifying the
6054designation on a comprehensive development plan land use map nor
6055any amendment modifying the allowable densities or intensities
6056of any land.
6057     (l)  A comprehensive plan amendment to adopt a public
6058educational facilities element pursuant to s. 163.3177(12) and
6059future land-use-map amendments for school siting may be approved
6060notwithstanding statutory limits on the frequency of adopting
6061plan amendments.
6062     (m)  A comprehensive plan amendment that addresses criteria
6063or compatibility of land uses adjacent to or in close proximity
6064to military installations in a local government's future land
6065use element does not count toward the limitation on the
6066frequency of the plan amendments.
6067     (n)  Any local government comprehensive plan amendment
6068establishing or implementing a rural land stewardship area
6069pursuant to the provisions of s. 163.3177(11)(d).
6070     (o)  A comprehensive plan amendment that is submitted by an
6071area designated by the Governor as a rural area of critical
6072economic concern under s. 288.0656(7) and that meets the
6073economic development objectives may be approved without regard
6074to the statutory limits on the frequency of adoption of
6075amendments to the comprehensive plan.
6076     (p)  Any local government comprehensive plan amendment that
6077is consistent with the local housing incentive strategies
6078identified in s. 420.9076 and authorized by the local
6079government.
6080     (q)  Any local government plan amendment to designate an
6081urban service area as a transportation concurrency exception
6082area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
6083development-of-regional-impact process under s. 380.06(29).
6084     (4)(2)  Comprehensive plans may only be amended in such a
6085way as to preserve the internal consistency of the plan pursuant
6086to s. 163.3177(2). Corrections, updates, or modifications of
6087current costs which were set out as part of the comprehensive
6088plan shall not, for the purposes of this act, be deemed to be
6089amendments.
6090     (3)(a)  The state land planning agency shall not review or
6091issue a notice of intent for small scale development amendments
6092which satisfy the requirements of paragraph (1)(c).
6093     (5)(a)  Any affected person may file a petition with the
6094Division of Administrative Hearings pursuant to ss. 120.569 and
6095120.57 to request a hearing to challenge the compliance of a
6096small scale development amendment with this act within 30 days
6097following the local government's adoption of the amendment and,
6098shall serve a copy of the petition on the local government, and
6099shall furnish a copy to the state land planning agency. An
6100administrative law judge shall hold a hearing in the affected
6101jurisdiction not less than 30 days nor more than 60 days
6102following the filing of a petition and the assignment of an
6103administrative law judge. The parties to a hearing held pursuant
6104to this subsection shall be the petitioner, the local
6105government, and any intervenor. In the proceeding, the plan
6106amendment shall be determined to be in compliance if the local
6107government's determination that the small scale development
6108amendment is in compliance is fairly debatable presumed to be
6109correct. The local government's determination shall be sustained
6110unless it is shown by a preponderance of the evidence that the
6111amendment is not in compliance with the requirements of this
6112act. In any proceeding initiated pursuant to this subsection,
6113The state land planning agency may not intervene in any
6114proceeding initiated pursuant to this section.
6115     (b)1.  If the administrative law judge recommends that the
6116small scale development amendment be found not in compliance,
6117the administrative law judge shall submit the recommended order
6118to the Administration Commission for final agency action. If the
6119administrative law judge recommends that the small scale
6120development amendment be found in compliance, the administrative
6121law judge shall submit the recommended order to the state land
6122planning agency.
6123     2.  If the state land planning agency determines that the
6124plan amendment is not in compliance, the agency shall submit,
6125within 30 days following its receipt, the recommended order to
6126the Administration Commission for final agency action. If the
6127state land planning agency determines that the plan amendment is
6128in compliance, the agency shall enter a final order within 30
6129days following its receipt of the recommended order.
6130     (c)  Small scale development amendments may shall not
6131become effective until 31 days after adoption. If challenged
6132within 30 days after adoption, small scale development
6133amendments may shall not become effective until the state land
6134planning agency or the Administration Commission, respectively,
6135issues a final order determining that the adopted small scale
6136development amendment is in compliance.
6137     (d)  In all challenges under this subsection, when a
6138determination of compliance as defined in s. 163.3184(1)(b) is
6139made, consideration shall be given to the plan amendment as a
6140whole and whether the plan amendment furthers the intent of this
6141part.
6142     (4)  Each governing body shall transmit to the state land
6143planning agency a current copy of its comprehensive plan not
6144later than December 1, 1985. Each governing body shall also
6145transmit copies of any amendments it adopts to its comprehensive
6146plan so as to continually update the plans on file with the
6147state land planning agency.
6148     (5)  Nothing in this part is intended to prohibit or limit
6149the authority of local governments to require that a person
6150requesting an amendment pay some or all of the cost of public
6151notice.
6152     (6)(a)  No local government may amend its comprehensive
6153plan after the date established by the state land planning
6154agency for adoption of its evaluation and appraisal report
6155unless it has submitted its report or addendum to the state land
6156planning agency as prescribed by s. 163.3191, except for plan
6157amendments described in paragraph (1)(b) or paragraph (1)(h).
6158     (b)  A local government may amend its comprehensive plan
6159after it has submitted its adopted evaluation and appraisal
6160report and for a period of 1 year after the initial
6161determination of sufficiency regardless of whether the report
6162has been determined to be insufficient.
6163     (c)  A local government may not amend its comprehensive
6164plan, except for plan amendments described in paragraph (1)(b),
6165if the 1-year period after the initial sufficiency determination
6166of the report has expired and the report has not been determined
6167to be sufficient.
6168     (d)  When the state land planning agency has determined
6169that the report has sufficiently addressed all pertinent
6170provisions of s. 163.3191, the local government may amend its
6171comprehensive plan without the limitations imposed by paragraph
6172(a) or paragraph (c).
6173     (e)  Any plan amendment which a local government attempts
6174to adopt in violation of paragraph (a) or paragraph (c) is
6175invalid, but such invalidity may be overcome if the local
6176government readopts the amendment and transmits the amendment to
6177the state land planning agency pursuant to s. 163.3184(7) after
6178the report is determined to be sufficient.
6179     Section 19.  Section 163.3189, Florida Statutes, is
6180repealed.
6181     Section 20.  Section 163.3191, Florida Statutes, is amended
6182to read:
6183     163.3191  Evaluation and appraisal of comprehensive plan.-
6184     (1)  At least once every 7 years, each local government
6185shall evaluate its comprehensive plan to determine if plan
6186amendments are necessary to reflect changes in state
6187requirements in this part since the last update of the
6188comprehensive plan, and notify the state land planning agency as
6189to its determination.
6190     (2)  If the local government determines amendments to its
6191comprehensive plan are necessary to reflect changes in state
6192requirements, the local government shall prepare and transmit
6193within 1 year such plan amendment or amendments for review
6194pursuant to s. 163.3184.
6195     (3)  Local governments are encouraged to comprehensively
6196evaluate and, as necessary, update comprehensive plans to
6197reflect changes in local conditions. Plan amendments transmitted
6198pursuant to this section shall be reviewed in accordance with s.
6199163.3184.
6200     (4)  If a local government fails to submit its letter
6201prescribed by subsection (1) or update its plan pursuant to
6202subsection (2), it may not amend its comprehensive plan until
6203such time as it complies with this section.
6204     (1)  The planning program shall be a continuous and ongoing
6205process. Each local government shall adopt an evaluation and
6206appraisal report once every 7 years assessing the progress in
6207implementing the local government's comprehensive plan.
6208Furthermore, it is the intent of this section that:
6209     (a)  Adopted comprehensive plans be reviewed through such
6210evaluation process to respond to changes in state, regional, and
6211local policies on planning and growth management and changing
6212conditions and trends, to ensure effective intergovernmental
6213coordination, and to identify major issues regarding the
6214community's achievement of its goals.
6215     (b)  After completion of the initial evaluation and
6216appraisal report and any supporting plan amendments, each
6217subsequent evaluation and appraisal report must evaluate the
6218comprehensive plan in effect at the time of the initiation of
6219the evaluation and appraisal report process.
6220     (c)  Local governments identify the major issues, if
6221applicable, with input from state agencies, regional agencies,
6222adjacent local governments, and the public in the evaluation and
6223appraisal report process. It is also the intent of this section
6224to establish minimum requirements for information to ensure
6225predictability, certainty, and integrity in the growth
6226management process. The report is intended to serve as a summary
6227audit of the actions that a local government has undertaken and
6228identify changes that it may need to make. The report should be
6229based on the local government's analysis of major issues to
6230further the community's goals consistent with statewide minimum
6231standards. The report is not intended to require a comprehensive
6232rewrite of the elements within the local plan, unless a local
6233government chooses to do so.
6234     (2)  The report shall present an evaluation and assessment
6235of the comprehensive plan and shall contain appropriate
6236statements to update the comprehensive plan, including, but not
6237limited to, words, maps, illustrations, or other media, related
6238to:
6239     (a)  Population growth and changes in land area, including
6240annexation, since the adoption of the original plan or the most
6241recent update amendments.
6242     (b)  The extent of vacant and developable land.
6243     (c)  The financial feasibility of implementing the
6244comprehensive plan and of providing needed infrastructure to
6245achieve and maintain adopted level-of-service standards and
6246sustain concurrency management systems through the capital
6247improvements element, as well as the ability to address
6248infrastructure backlogs and meet the demands of growth on public
6249services and facilities.
6250     (d)  The location of existing development in relation to
6251the location of development as anticipated in the original plan,
6252or in the plan as amended by the most recent evaluation and
6253appraisal report update amendments, such as within areas
6254designated for urban growth.
6255     (e)  An identification of the major issues for the
6256jurisdiction and, where pertinent, the potential social,
6257economic, and environmental impacts.
6258     (f)  Relevant changes to the state comprehensive plan, the
6259requirements of this part, the minimum criteria contained in
6260chapter 9J-5, Florida Administrative Code, and the appropriate
6261strategic regional policy plan since the adoption of the
6262original plan or the most recent evaluation and appraisal report
6263update amendments.
6264     (g)  An assessment of whether the plan objectives within
6265each element, as they relate to major issues, have been
6266achieved. The report shall include, as appropriate, an
6267identification as to whether unforeseen or unanticipated changes
6268in circumstances have resulted in problems or opportunities with
6269respect to major issues identified in each element and the
6270social, economic, and environmental impacts of the issue.
6271     (h)  A brief assessment of successes and shortcomings
6272related to each element of the plan.
6273     (i)  The identification of any actions or corrective
6274measures, including whether plan amendments are anticipated to
6275address the major issues identified and analyzed in the report.
6276Such identification shall include, as appropriate, new
6277population projections, new revised planning timeframes, a
6278revised future conditions map or map series, an updated capital
6279improvements element, and any new and revised goals, objectives,
6280and policies for major issues identified within each element.
6281This paragraph shall not require the submittal of the plan
6282amendments with the evaluation and appraisal report.
6283     (j)  A summary of the public participation program and
6284activities undertaken by the local government in preparing the
6285report.
6286     (k)  The coordination of the comprehensive plan with
6287existing public schools and those identified in the applicable
6288educational facilities plan adopted pursuant to s. 1013.35. The
6289assessment shall address, where relevant, the success or failure
6290of the coordination of the future land use map and associated
6291planned residential development with public schools and their
6292capacities, as well as the joint decisionmaking processes
6293engaged in by the local government and the school board in
6294regard to establishing appropriate population projections and
6295the planning and siting of public school facilities. For those
6296counties or municipalities that do not have a public schools
6297interlocal agreement or public school facilities element, the
6298assessment shall determine whether the local government
6299continues to meet the criteria of s. 163.3177(12). If the county
6300or municipality determines that it no longer meets the criteria,
6301it must adopt appropriate school concurrency goals, objectives,
6302and policies in its plan amendments pursuant to the requirements
6303of the public school facilities element, and enter into the
6304existing interlocal agreement required by ss. 163.3177(6)(h)2.
6305and 163.31777 in order to fully participate in the school
6306concurrency system.
6307     (l)  The extent to which the local government has been
6308successful in identifying alternative water supply projects and
6309traditional water supply projects, including conservation and
6310reuse, necessary to meet the water needs identified in s.
6311373.709(2)(a) within the local government's jurisdiction. The
6312report must evaluate the degree to which the local government
6313has implemented the work plan for building public, private, and
6314regional water supply facilities, including development of
6315alternative water supplies, identified in the element as
6316necessary to serve existing and new development.
6317     (m)  If any of the jurisdiction of the local government is
6318located within the coastal high-hazard area, an evaluation of
6319whether any past reduction in land use density impairs the
6320property rights of current residents when redevelopment occurs,
6321including, but not limited to, redevelopment following a natural
6322disaster. The property rights of current residents shall be
6323balanced with public safety considerations. The local government
6324must identify strategies to address redevelopment feasibility
6325and the property rights of affected residents. These strategies
6326may include the authorization of redevelopment up to the actual
6327built density in existence on the property prior to the natural
6328disaster or redevelopment.
6329     (n)  An assessment of whether the criteria adopted pursuant
6330to s. 163.3177(6)(a) were successful in achieving compatibility
6331with military installations.
6332     (o)  The extent to which a concurrency exception area
6333designated pursuant to s. 163.3180(5), a concurrency management
6334area designated pursuant to s. 163.3180(7), or a multimodal
6335transportation district designated pursuant to s. 163.3180(15)
6336has achieved the purpose for which it was created and otherwise
6337complies with the provisions of s. 163.3180.
6338     (p)  An assessment of the extent to which changes are
6339needed to develop a common methodology for measuring impacts on
6340transportation facilities for the purpose of implementing its
6341concurrency management system in coordination with the
6342municipalities and counties, as appropriate pursuant to s.
6343163.3180(10).
6344     (3)  Voluntary scoping meetings may be conducted by each
6345local government or several local governments within the same
6346county that agree to meet together. Joint meetings among all
6347local governments in a county are encouraged. All scoping
6348meetings shall be completed at least 1 year prior to the
6349established adoption date of the report. The purpose of the
6350meetings shall be to distribute data and resources available to
6351assist in the preparation of the report, to provide input on
6352major issues in each community that should be addressed in the
6353report, and to advise on the extent of the effort for the
6354components of subsection (2). If scoping meetings are held, the
6355local government shall invite each state and regional reviewing
6356agency, as well as adjacent and other affected local
6357governments. A preliminary list of new data and major issues
6358that have emerged since the adoption of the original plan, or
6359the most recent evaluation and appraisal report-based update
6360amendments, should be developed by state and regional entities
6361and involved local governments for distribution at the scoping
6362meeting. For purposes of this subsection, a "scoping meeting" is
6363a meeting conducted to determine the scope of review of the
6364evaluation and appraisal report by parties to which the report
6365relates.
6366     (4)  The local planning agency shall prepare the evaluation
6367and appraisal report and shall make recommendations to the
6368governing body regarding adoption of the proposed report. The
6369local planning agency shall prepare the report in conformity
6370with its public participation procedures adopted as required by
6371s. 163.3181. During the preparation of the proposed report and
6372prior to making any recommendation to the governing body, the
6373local planning agency shall hold at least one public hearing,
6374with public notice, on the proposed report. At a minimum, the
6375format and content of the proposed report shall include a table
6376of contents; numbered pages; element headings; section headings
6377within elements; a list of included tables, maps, and figures; a
6378title and sources for all included tables; a preparation date;
6379and the name of the preparer. Where applicable, maps shall
6380include major natural and artificial geographic features; city,
6381county, and state lines; and a legend indicating a north arrow,
6382map scale, and the date.
6383     (5)  Ninety days prior to the scheduled adoption date, the
6384local government may provide a proposed evaluation and appraisal
6385report to the state land planning agency and distribute copies
6386to state and regional commenting agencies as prescribed by rule,
6387adjacent jurisdictions, and interested citizens for review. All
6388review comments, including comments by the state land planning
6389agency, shall be transmitted to the local government and state
6390land planning agency within 30 days after receipt of the
6391proposed report.
6392     (6)  The governing body, after considering the review
6393comments and recommended changes, if any, shall adopt the
6394evaluation and appraisal report by resolution or ordinance at a
6395public hearing with public notice. The governing body shall
6396adopt the report in conformity with its public participation
6397procedures adopted as required by s. 163.3181. The local
6398government shall submit to the state land planning agency three
6399copies of the report, a transmittal letter indicating the dates
6400of public hearings, and a copy of the adoption resolution or
6401ordinance. The local government shall provide a copy of the
6402report to the reviewing agencies which provided comments for the
6403proposed report, or to all the reviewing agencies if a proposed
6404report was not provided pursuant to subsection (5), including
6405the adjacent local governments. Within 60 days after receipt,
6406the state land planning agency shall review the adopted report
6407and make a preliminary sufficiency determination that shall be
6408forwarded by the agency to the local government for its
6409consideration. The state land planning agency shall issue a
6410final sufficiency determination within 90 days after receipt of
6411the adopted evaluation and appraisal report.
6412     (7)  The intent of the evaluation and appraisal process is
6413the preparation of a plan update that clearly and concisely
6414achieves the purpose of this section. Toward this end, the
6415sufficiency review of the state land planning agency shall
6416concentrate on whether the evaluation and appraisal report
6417sufficiently fulfills the components of subsection (2). If the
6418state land planning agency determines that the report is
6419insufficient, the governing body shall adopt a revision of the
6420report and submit the revised report for review pursuant to
6421subsection (6).
6422     (8)  The state land planning agency may delegate the review
6423of evaluation and appraisal reports, including all state land
6424planning agency duties under subsections (4)-(7), to the
6425appropriate regional planning council. When the review has been
6426delegated to a regional planning council, any local government
6427in the region may elect to have its report reviewed by the
6428regional planning council rather than the state land planning
6429agency. The state land planning agency shall by agreement
6430provide for uniform and adequate review of reports and shall
6431retain oversight for any delegation of review to a regional
6432planning council.
6433     (9)  The state land planning agency may establish a phased
6434schedule for adoption of reports. The schedule shall provide
6435each local government at least 7 years from plan adoption or
6436last established adoption date for a report and shall allot
6437approximately one-seventh of the reports to any 1 year. In order
6438to allow the municipalities to use data and analyses gathered by
6439the counties, the state land planning agency shall schedule
6440municipal report adoption dates between 1 year and 18 months
6441later than the report adoption date for the county in which
6442those municipalities are located. A local government may adopt
6443its report no earlier than 90 days prior to the established
6444adoption date. Small municipalities which were scheduled by
6445chapter 9J-33, Florida Administrative Code, to adopt their
6446evaluation and appraisal report after February 2, 1999, shall be
6447rescheduled to adopt their report together with the other
6448municipalities in their county as provided in this subsection.
6449     (10)  The governing body shall amend its comprehensive plan
6450based on the recommendations in the report and shall update the
6451comprehensive plan based on the components of subsection (2),
6452pursuant to the provisions of ss. 163.3184, 163.3187, and
6453163.3189. Amendments to update a comprehensive plan based on the
6454evaluation and appraisal report shall be adopted during a single
6455amendment cycle within 18 months after the report is determined
6456to be sufficient by the state land planning agency, except the
6457state land planning agency may grant an extension for adoption
6458of a portion of such amendments. The state land planning agency
6459may grant a 6-month extension for the adoption of such
6460amendments if the request is justified by good and sufficient
6461cause as determined by the agency. An additional extension may
6462also be granted if the request will result in greater
6463coordination between transportation and land use, for the
6464purposes of improving Florida's transportation system, as
6465determined by the agency in coordination with the Metropolitan
6466Planning Organization program. Beginning July 1, 2006, failure
6467to timely adopt and transmit update amendments to the
6468comprehensive plan based on the evaluation and appraisal report
6469shall result in a local government being prohibited from
6470adopting amendments to the comprehensive plan until the
6471evaluation and appraisal report update amendments have been
6472adopted and transmitted to the state land planning agency. The
6473prohibition on plan amendments shall commence when the update
6474amendments to the comprehensive plan are past due. The
6475comprehensive plan as amended shall be in compliance as defined
6476in s. 163.3184(1)(b). Within 6 months after the effective date
6477of the update amendments to the comprehensive plan, the local
6478government shall provide to the state land planning agency and
6479to all agencies designated by rule a complete copy of the
6480updated comprehensive plan.
6481     (11)  The Administration Commission may impose the
6482sanctions provided by s. 163.3184(11) against any local
6483government that fails to adopt and submit a report, or that
6484fails to implement its report through timely and sufficient
6485amendments to its local plan, except for reasons of excusable
6486delay or valid planning reasons agreed to by the state land
6487planning agency or found present by the Administration
6488Commission. Sanctions for untimely or insufficient plan
6489amendments shall be prospective only and shall begin after a
6490final order has been issued by the Administration Commission and
6491a reasonable period of time has been allowed for the local
6492government to comply with an adverse determination by the
6493Administration Commission through adoption of plan amendments
6494that are in compliance. The state land planning agency may
6495initiate, and an affected person may intervene in, such a
6496proceeding by filing a petition with the Division of
6497Administrative Hearings, which shall appoint an administrative
6498law judge and conduct a hearing pursuant to ss. 120.569 and
6499120.57(1) and shall submit a recommended order to the
6500Administration Commission. The affected local government shall
6501be a party to any such proceeding. The commission may implement
6502this subsection by rule.
6503     (5)(12)  The state land planning agency may shall not adopt
6504rules to implement this section, other than procedural rules or
6505a schedule indicating when local governments must comply with
6506the requirements of this section.
6507     (13)  The state land planning agency shall regularly review
6508the evaluation and appraisal report process and submit a report
6509to the Governor, the Administration Commission, the Speaker of
6510the House of Representatives, the President of the Senate, and
6511the respective community affairs committees of the Senate and
6512the House of Representatives. The first report shall be
6513submitted by December 31, 2004, and subsequent reports shall be
6514submitted every 5 years thereafter. At least 9 months before the
6515due date of each report, the Secretary of Community Affairs
6516shall appoint a technical committee of at least 15 members to
6517assist in the preparation of the report. The membership of the
6518technical committee shall consist of representatives of local
6519governments, regional planning councils, the private sector, and
6520environmental organizations. The report shall assess the
6521effectiveness of the evaluation and appraisal report process.
6522     (14)  The requirement of subsection (10) prohibiting a
6523local government from adopting amendments to the local
6524comprehensive plan until the evaluation and appraisal report
6525update amendments have been adopted and transmitted to the state
6526land planning agency does not apply to a plan amendment proposed
6527for adoption by the appropriate local government as defined in
6528s. 163.3178(2)(k) in order to integrate a port comprehensive
6529master plan with the coastal management element of the local
6530comprehensive plan as required by s. 163.3178(2)(k) if the port
6531comprehensive master plan or the proposed plan amendment does
6532not cause or contribute to the failure of the local government
6533to comply with the requirements of the evaluation and appraisal
6534report.
6535     Section 21.  Paragraph (b) of subsection (2) of section
6536163.3217, Florida Statutes, is amended to read:
6537     163.3217  Municipal overlay for municipal incorporation.-
6538     (2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6539OVERLAY.-
6540     (b)1.  A municipal overlay shall be adopted as an amendment
6541to the local government comprehensive plan as prescribed by s.
6542163.3184.
6543     2.  A county may consider the adoption of a municipal
6544overlay without regard to the provisions of s. 163.3187(1)
6545regarding the frequency of adoption of amendments to the local
6546comprehensive plan.
6547     Section 22.  Subsection (3) of section 163.3220, Florida
6548Statutes, is amended to read:
6549     163.3220  Short title; legislative intent.-
6550     (3)  In conformity with, in furtherance of, and to
6551implement the Community Local Government Comprehensive Planning
6552and Land Development Regulation Act and the Florida State
6553Comprehensive Planning Act of 1972, it is the intent of the
6554Legislature to encourage a stronger commitment to comprehensive
6555and capital facilities planning, ensure the provision of
6556adequate public facilities for development, encourage the
6557efficient use of resources, and reduce the economic cost of
6558development.
6559     Section 23.  Subsections (2) and (11) of section 163.3221,
6560Florida Statutes, are amended to read:
6561     163.3221  Florida Local Government Development Agreement
6562Act; definitions.-As used in ss. 163.3220-163.3243:
6563     (2)  "Comprehensive plan" means a plan adopted pursuant to
6564the Community "Local Government Comprehensive Planning and Land
6565Development Regulation Act."
6566     (11)  "Local planning agency" means the agency designated
6567to prepare a comprehensive plan or plan amendment pursuant to
6568the Community "Florida Local Government Comprehensive Planning
6569and Land Development Regulation Act."
6570     Section 24.  Section 163.3229, Florida Statutes, is amended
6571to read:
6572     163.3229  Duration of a development agreement and
6573relationship to local comprehensive plan.-The duration of a
6574development agreement may shall not exceed 30 20 years, unless
6575it is. It may be extended by mutual consent of the governing
6576body and the developer, subject to a public hearing in
6577accordance with s. 163.3225. No development agreement shall be
6578effective or be implemented by a local government unless the
6579local government's comprehensive plan and plan amendments
6580implementing or related to the agreement are found in compliance
6581by the state land planning agency in accordance with s.
6582163.3184, s. 163.3187, or s. 163.3189.
6583     Section 25.  Section 163.3235, Florida Statutes, is amended
6584to read:
6585     163.3235  Periodic review of a development agreement.-A
6586local government shall review land subject to a development
6587agreement at least once every 12 months to determine if there
6588has been demonstrated good faith compliance with the terms of
6589the development agreement. For each annual review conducted
6590during years 6 through 10 of a development agreement, the review
6591shall be incorporated into a written report which shall be
6592submitted to the parties to the agreement and the state land
6593planning agency. The state land planning agency shall adopt
6594rules regarding the contents of the report, provided that the
6595report shall be limited to the information sufficient to
6596determine the extent to which the parties are proceeding in good
6597faith to comply with the terms of the development agreement. If
6598the local government finds, on the basis of substantial
6599competent evidence, that there has been a failure to comply with
6600the terms of the development agreement, the agreement may be
6601revoked or modified by the local government.
6602     Section 26.  Section 163.3239, Florida Statutes, is amended
6603to read:
6604     163.3239  Recording and effectiveness of a development
6605agreement.-Within 14 days after a local government enters into a
6606development agreement, the local government shall record the
6607agreement with the clerk of the circuit court in the county
6608where the local government is located. A copy of the recorded
6609development agreement shall be submitted to the state land
6610planning agency within 14 days after the agreement is recorded.
6611A development agreement is shall not be effective until it is
6612properly recorded in the public records of the county and until
661330 days after having been received by the state land planning
6614agency pursuant to this section. The burdens of the development
6615agreement shall be binding upon, and the benefits of the
6616agreement shall inure to, all successors in interest to the
6617parties to the agreement.
6618     Section 27.  Section 163.3243, Florida Statutes, is amended
6619to read:
6620     163.3243  Enforcement.-Any party or, any aggrieved or
6621adversely affected person as defined in s. 163.3215(2), or the
6622state land planning agency may file an action for injunctive
6623relief in the circuit court where the local government is
6624located to enforce the terms of a development agreement or to
6625challenge compliance of the agreement with the provisions of ss.
6626163.3220-163.3243.
6627     Section 28.  Section 163.3245, Florida Statutes, is amended
6628to read:
6629     163.3245  Optional Sector plans.-
6630     (1)  In recognition of the benefits of conceptual long-
6631range planning for the buildout of an area, and detailed
6632planning for specific areas, as a demonstration project, the
6633requirements of s. 380.06 may be addressed as identified by this
6634section for up to five local governments or combinations of
6635local governments may which adopt into their the comprehensive
6636plans a plan an optional sector plan in accordance with this
6637section. This section is intended to promote and encourage long-
6638term planning for conservation, development, and agriculture on
6639a landscape scale; to further the intent of s. 163.3177(11),
6640which supports innovative and flexible planning and development
6641strategies, and the purposes of this part, and part I of chapter
6642380; to facilitate protection of regionally significant
6643resources, including, but not limited to, regionally significant
6644water courses and wildlife corridors;, and to avoid duplication
6645of effort in terms of the level of data and analysis required
6646for a development of regional impact, while ensuring the
6647adequate mitigation of impacts to applicable regional resources
6648and facilities, including those within the jurisdiction of other
6649local governments, as would otherwise be provided. Optional
6650Sector plans are intended for substantial geographic areas that
6651include including at least 15,000 5,000 acres of one or more
6652local governmental jurisdictions and are to emphasize urban form
6653and protection of regionally significant resources and public
6654facilities. A The state land planning agency may approve
6655optional sector plans of less than 5,000 acres based on local
6656circumstances if it is determined that the plan would further
6657the purposes of this part and part I of chapter 380. Preparation
6658of an optional sector plan is authorized by agreement between
6659the state land planning agency and the applicable local
6660governments under s. 163.3171(4). An optional sector plan may be
6661adopted through one or more comprehensive plan amendments under
6662s. 163.3184. However, an optional sector plan may not be adopted
6663authorized in an area of critical state concern.
6664     (2)  Upon the request of a local government having
6665jurisdiction, The state land planning agency may enter into an
6666agreement to authorize preparation of an optional sector plan
6667upon the request of one or more local governments based on
6668consideration of problems and opportunities presented by
6669existing development trends; the effectiveness of current
6670comprehensive plan provisions; the potential to further the
6671state comprehensive plan, applicable strategic regional policy
6672plans, this part, and part I of chapter 380; and those factors
6673identified by s. 163.3177(10)(i). the applicable regional
6674planning council shall conduct a scoping meeting with affected
6675local governments and those agencies identified in s.
6676163.3184(1)(c)(4) before preparation of the sector plan
6677execution of the agreement authorized by this section. The
6678purpose of this meeting is to assist the state land planning
6679agency and the local government in the identification of the
6680relevant planning issues to be addressed and the data and
6681resources available to assist in the preparation of the sector
6682plan subsequent plan amendments. If a scoping meeting is
6683conducted, the regional planning council shall make written
6684recommendations to the state land planning agency and affected
6685local governments on the issues requested by the local
6686government. The scoping meeting shall be noticed and open to the
6687public. If the entire planning area proposed for the sector plan
6688is within the jurisdiction of two or more local governments,
6689some or all of them may enter into a joint planning agreement
6690pursuant to s. 163.3171 with respect to, including whether a
6691sustainable sector plan would be appropriate. The agreement must
6692define the geographic area to be subject to the sector plan, the
6693planning issues that will be emphasized, procedures requirements
6694for intergovernmental coordination to address
6695extrajurisdictional impacts, supporting application materials
6696including data and analysis, and procedures for public
6697participation, or other issues. An agreement may address
6698previously adopted sector plans that are consistent with the
6699standards in this section. Before executing an agreement under
6700this subsection, the local government shall hold a duly noticed
6701public workshop to review and explain to the public the optional
6702sector planning process and the terms and conditions of the
6703proposed agreement. The local government shall hold a duly
6704noticed public hearing to execute the agreement. All meetings
6705between the department and the local government must be open to
6706the public.
6707     (3)  Optional Sector planning encompasses two levels:
6708adoption pursuant to under s. 163.3184 of a conceptual long-term
6709master plan for the entire planning area as part of the
6710comprehensive plan, and adoption by local development order of
6711two or more buildout overlay to the comprehensive plan, having
6712no immediate effect on the issuance of development orders or the
6713applicability of s. 380.06, and adoption under s. 163.3184 of
6714detailed specific area plans that implement the conceptual long-
6715term master plan buildout overlay and authorize issuance of
6716development orders, and within which s. 380.06 is waived. Until
6717such time as a detailed specific area plan is adopted, the
6718underlying future land use designations apply.
6719     (a)  In addition to the other requirements of this chapter,
6720a long-term master plan pursuant to this section conceptual
6721long-term buildout overlay must include maps, illustrations, and
6722text supported by data and analysis to address the following:
6723     1.  A long-range conceptual framework map that, at a
6724minimum, generally depicts identifies anticipated areas of
6725urban, agricultural, rural, and conservation land use,
6726identifies allowed uses in various parts of the planning area,
6727specifies maximum and minimum densities and intensities of use,
6728and provides the general framework for the development pattern
6729in developed areas with graphic illustrations based on a
6730hierarchy of places and functional place-making components.
6731     2.  A general identification of the water supplies needed
6732and available sources of water, including water resource
6733development and water supply development projects, and water
6734conservation measures needed to meet the projected demand of the
6735future land uses in the long-term master plan.
6736     3.  A general identification of the transportation
6737facilities to serve the future land uses in the long-term master
6738plan, including guidelines to be used to establish each modal
6739component intended to optimize mobility.
6740     4.2.  A general identification of other regionally
6741significant public facilities consistent with chapter 9J-2,
6742Florida Administrative Code, irrespective of local governmental
6743jurisdiction necessary to support buildout of the anticipated
6744future land uses, which may include central utilities provided
6745onsite within the planning area, and policies setting forth the
6746procedures to be used to mitigate the impacts of future land
6747uses on public facilities.
6748     5.3.  A general identification of regionally significant
6749natural resources within the planning area based on the best
6750available data and policies setting forth the procedures for
6751protection or conservation of specific resources consistent with
6752the overall conservation and development strategy for the
6753planning area consistent with chapter 9J-2, Florida
6754Administrative Code.
6755     6.4.  General principles and guidelines addressing that
6756address the urban form and the interrelationships of anticipated
6757future land uses; the protection and, as appropriate,
6758restoration and management of lands identified for permanent
6759preservation through recordation of conservation easements
6760consistent with s. 704.06, which shall be phased or staged in
6761coordination with detailed specific area plans to reflect phased
6762or staged development within the planning area; and a
6763discussion, at the applicant's option, of the extent, if any, to
6764which the plan will address restoring key ecosystems, achieving
6765a more clean, healthy environment;, limiting urban sprawl;
6766providing a range of housing types;, protecting wildlife and
6767natural areas;, advancing the efficient use of land and other
6768resources;, and creating quality communities of a design that
6769promotes travel by multiple transportation modes; and enhancing
6770the prospects for the creation of jobs.
6771     7.5.  Identification of general procedures and policies to
6772facilitate ensure intergovernmental coordination to address
6773extrajurisdictional impacts from the future land uses long-range
6774conceptual framework map.
6775
6776A long-term master plan adopted pursuant to this section may be
6777based upon a planning period longer than the generally
6778applicable planning period of the local comprehensive plan,
6779shall specify the projected population within the planning area
6780during the chosen planning period, and may include a phasing or
6781staging schedule that allocates a portion of the local
6782government's future growth to the planning area through the
6783planning period. A long-term master plan adopted pursuant to
6784this section is not required to demonstrate need based upon
6785projected population growth or on any other basis.
6786     (b)  In addition to the other requirements of this chapter,
6787including those in paragraph (a), the detailed specific area
6788plans shall be consistent with the long-term master plan and
6789must include conditions and commitments that provide for:
6790     1.  Development or conservation of an area of adequate size
6791to accommodate a level of development which achieves a
6792functional relationship between a full range of land uses within
6793the area and to encompass at least 1,000 acres consistent with
6794the long-term master plan. The local government state land
6795planning agency may approve detailed specific area plans of less
6796than 1,000 acres based on local circumstances if it is
6797determined that the detailed specific area plan furthers the
6798purposes of this part and part I of chapter 380.
6799     2.  Detailed identification and analysis of the maximum and
6800minimum densities and intensities of use and the distribution,
6801extent, and location of future land uses.
6802     3.  Detailed identification of water resource development
6803and water supply development projects and related infrastructure
6804and water conservation measures to address water needs of
6805development in the detailed specific area plan.
6806     4.  Detailed identification of the transportation
6807facilities to serve the future land uses in the detailed
6808specific area plan.
6809     5.3.  Detailed identification of other regionally
6810significant public facilities, including public facilities
6811outside the jurisdiction of the host local government,
6812anticipated impacts of future land uses on those facilities, and
6813required improvements consistent with the long-term master plan
6814chapter 9J-2, Florida Administrative Code.
6815     6.4.  Public facilities necessary to serve development in
6816the detailed specific area plan for the short term, including
6817developer contributions in a financially feasible 5-year capital
6818improvement schedule of the affected local government.
6819     7.5.  Detailed analysis and identification of specific
6820measures to ensure assure the protection and, as appropriate,
6821restoration and management of lands within the boundary of the
6822detailed specific area plan identified for permanent
6823preservation through recordation of conservation easements
6824consistent with s. 704.06, which easements shall be effective
6825before or concurrent with the effective date of the detailed
6826specific area plan of regionally significant natural resources
6827and other important resources both within and outside the host
6828jurisdiction, including those regionally significant resources
6829identified in chapter 9J-2, Florida Administrative Code.
6830     8.6.  Detailed principles and guidelines addressing that
6831address the urban form and the interrelationships of anticipated
6832future land uses; and a discussion, at the applicant's option,
6833of the extent, if any, to which the plan will address restoring
6834key ecosystems, achieving a more clean, healthy environment;,
6835limiting urban sprawl; providing a range of housing types;,
6836protecting wildlife and natural areas;, advancing the efficient
6837use of land and other resources;, and creating quality
6838communities of a design that promotes travel by multiple
6839transportation modes; and enhancing the prospects for the
6840creation of jobs.
6841     9.7.  Identification of specific procedures to facilitate
6842ensure intergovernmental coordination to address
6843extrajurisdictional impacts from of the detailed specific area
6844plan.
6845
6846A detailed specific area plan adopted by local development order
6847pursuant to this section may be based upon a planning period
6848longer than the generally applicable planning period of the
6849local comprehensive plan and shall specify the projected
6850population within the specific planning area during the chosen
6851planning period. A detailed specific area plan adopted pursuant
6852to this section is not required to demonstrate need based upon
6853projected population growth or on any other basis. All lands
6854identified in the long-term master plan for permanent
6855preservation shall be subject to a recorded conservation
6856easement consistent with s. 704.06 before or concurrent with the
6857effective date of the final detailed specific area plan to be
6858approved within the planning area.
6859     (c)  In its review of a long-term master plan, the state
6860land planning agency shall consult with the Department of
6861Agriculture and Consumer Services, the Department of
6862Environmental Protection, the Fish and Wildlife Conservation
6863Commission, and the applicable water management district
6864regarding the design of areas for protection and conservation of
6865regionally significant natural resources and for the protection
6866and, as appropriate, restoration and management of lands
6867identified for permanent preservation.
6868     (d)  In its review of a long-term master plan, the state
6869land planning agency shall consult with the Department of
6870Transportation, the applicable metropolitan planning
6871organization, and any urban transit agency regarding the
6872location, capacity, design, and phasing or staging of major
6873transportation facilities in the planning area.
6874     (e)  Whenever a local government issues a development order
6875approving a detailed specific area plan, a copy of such order
6876shall be rendered to the state land planning agency and the
6877owner or developer of the property affected by such order, as
6878prescribed by rules of the state land planning agency for a
6879development order for a development of regional impact. Within
688045 days after the order is rendered, the owner, the developer,
6881or the state land planning agency may appeal the order to the
6882Florida Land and Water Adjudicatory Commission by filing a
6883petition alleging that the detailed specific area plan is not
6884consistent with the comprehensive plan or with the long-term
6885master plan adopted pursuant to this section. The appellant
6886shall furnish a copy of the petition to the opposing party, as
6887the case may be, and to the local government that issued the
6888order. The filing of the petition stays the effectiveness of the
6889order until after completion of the appeal process. However, if
6890a development order approving a detailed specific area plan has
6891been challenged by an aggrieved or adversely affected party in a
6892judicial proceeding pursuant to s. 163.3215, and a party to such
6893proceeding serves notice to the state land planning agency, the
6894state land planning agency shall dismiss its appeal to the
6895commission and shall have the right to intervene in the pending
6896judicial proceeding pursuant to s. 163.3215. Proceedings for
6897administrative review of an order approving a detailed specific
6898area plan shall be conducted consistent with s. 380.07(6). The
6899commission shall issue a decision granting or denying permission
6900to develop pursuant to the long-term master plan and the
6901standards of this part and may attach conditions or restrictions
6902to its decisions.
6903     (f)(c)  This subsection does may not be construed to
6904prevent preparation and approval of the optional sector plan and
6905detailed specific area plan concurrently or in the same
6906submission.
6907     (4)  Upon the long-term master plan becoming legally
6908effective:
6909     (a)  Any long-range transportation plan developed by a
6910metropolitan planning organization pursuant to s. 339.175(7)
6911must be consistent, to the maximum extent feasible, with the
6912long-term master plan, including, but not limited to, the
6913projected population and the approved uses and densities and
6914intensities of use and their distribution within the planning
6915area. The transportation facilities identified in adopted plans
6916pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
6917in coordination with the adopted M.P.O. long-range
6918transportation plan.
6919     (b)  The water needs, sources and water resource
6920development, and water supply development projects identified in
6921adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
6922be incorporated into the applicable district and regional water
6923supply plans adopted in accordance with ss. 373.036 and 373.709.
6924Accordingly, and notwithstanding the permit durations stated in
6925s. 373.236, an applicant may request and the applicable district
6926may issue consumptive use permits for durations commensurate
6927with the long-term master plan or detailed specific area plan,
6928considering the ability of the master plan area to contribute to
6929regional water supply availability and the need to maximize
6930reasonable-beneficial use of the water resource. The permitting
6931criteria in s. 373.223 shall be applied based upon the projected
6932population and the approved densities and intensities of use and
6933their distribution in the long-term master plan; however, the
6934allocation of the water may be phased over the permit duration
6935to correspond to actual projected needs. This paragraph does not
6936supersede the public interest test set forth in s. 373.223. The
6937host local government shall submit a monitoring report to the
6938state land planning agency and applicable regional planning
6939council on an annual basis after adoption of a detailed specific
6940area plan. The annual monitoring report must provide summarized
6941information on development orders issued, development that has
6942occurred, public facility improvements made, and public facility
6943improvements anticipated over the upcoming 5 years.
6944     (5)  When a plan amendment adopting a detailed specific
6945area plan has become effective for a portion of the planning
6946area governed by a long-term master plan adopted pursuant to
6947this section under ss. 163.3184 and 163.3189(2), the provisions
6948of s. 380.06 does do not apply to development within the
6949geographic area of the detailed specific area plan. However, any
6950development-of-regional-impact development order that is vested
6951from the detailed specific area plan may be enforced pursuant to
6952under s. 380.11.
6953     (a)  The local government adopting the detailed specific
6954area plan is primarily responsible for monitoring and enforcing
6955the detailed specific area plan. Local governments may shall not
6956issue any permits or approvals or provide any extensions of
6957services to development that are not consistent with the
6958detailed specific sector area plan.
6959     (b)  If the state land planning agency has reason to
6960believe that a violation of any detailed specific area plan, or
6961of any agreement entered into under this section, has occurred
6962or is about to occur, it may institute an administrative or
6963judicial proceeding to prevent, abate, or control the conditions
6964or activity creating the violation, using the procedures in s.
6965380.11.
6966     (c)  In instituting an administrative or judicial
6967proceeding involving a an optional sector plan or detailed
6968specific area plan, including a proceeding pursuant to paragraph
6969(b), the complaining party shall comply with the requirements of
6970s. 163.3215(4), (5), (6), and (7), except as provided by
6971paragraph (3)(e).
6972     (d)  The detailed specific area plan shall establish a
6973buildout date until which the approved development is not
6974subject to downzoning, unit density reduction, or intensity
6975reduction, unless the local government can demonstrate that
6976implementation of the plan is not continuing in good faith based
6977on standards established by plan policy, that substantial
6978changes in the conditions underlying the approval of the
6979detailed specific area plan have occurred, that the detailed
6980specific area plan was based on substantially inaccurate
6981information provided by the applicant, or that the change is
6982clearly established to be essential to the public health,
6983safety, or welfare.
6984     (6)  Concurrent with or subsequent to review and adoption
6985of a long-term master plan pursuant to paragraph (3)(a), an
6986applicant may apply for master development approval pursuant to
6987s. 380.06(21) for the entire planning area in order to establish
6988a buildout date until which the approved uses and densities and
6989intensities of use of the master plan are not subject to
6990downzoning, unit density reduction, or intensity reduction,
6991unless the local government can demonstrate that implementation
6992of the master plan is not continuing in good faith based on
6993standards established by plan policy, that substantial changes
6994in the conditions underlying the approval of the master plan
6995have occurred, that the master plan was based on substantially
6996inaccurate information provided by the applicant, or that change
6997is clearly established to be essential to the public health,
6998safety, or welfare. Review of the application for master
6999development approval shall be at a level of detail appropriate
7000for the long-term and conceptual nature of the long-term master
7001plan and, to the maximum extent possible, may only consider
7002information provided in the application for a long-term master
7003plan. Notwithstanding s. 380.06, an increment of development in
7004such an approved master development plan must be approved by a
7005detailed specific area plan pursuant to paragraph (3)(b) and is
7006exempt from review pursuant to s. 380.06.
7007     (6)  Beginning December 1, 1999, and each year thereafter,
7008the department shall provide a status report to the Legislative
7009Committee on Intergovernmental Relations regarding each optional
7010sector plan authorized under this section.
7011     (7)  A developer within an area subject to a long-term
7012master plan that meets the requirements of paragraph (3)(a) and
7013subsection (6) or a detailed specific area plan that meets the
7014requirements of paragraph (3)(b) may enter into a development
7015agreement with a local government pursuant to ss. 163.3220-
7016163.3243. The duration of such a development agreement may be
7017through the planning period of the long-term master plan or the
7018detailed specific area plan, as the case may be, notwithstanding
7019the limit on the duration of a development agreement pursuant to
7020s. 163.3229.
7021     (8)  Any owner of property within the planning area of a
7022proposed long-term master plan may withdraw his consent to the
7023master plan at any time prior to local government adoption, and
7024the local government shall exclude such parcels from the adopted
7025master plan. Thereafter, the long-term master plan, any detailed
7026specific area plan, and the exemption from development-of-
7027regional-impact review under this section do not apply to the
7028subject parcels. After adoption of a long-term master plan, an
7029owner may withdraw his or her property from the master plan only
7030with the approval of the local government by plan amendment
7031adopted and reviewed pursuant to s. 163.3184.
7032     (9)  The adoption of a long-term master plan or a detailed
7033specific area plan pursuant to this section does not limit the
7034right to continue existing agricultural or silvicultural uses or
7035other natural resource-based operations or to establish similar
7036new uses that are consistent with the plans approved pursuant to
7037this section.
7038     (10)  The state land planning agency may enter into an
7039agreement with a local government that, on or before July 1,
70402011, adopted a large-area comprehensive plan amendment
7041consisting of at least 15,000 acres that meets the requirements
7042for a long-term master plan in paragraph (3)(a), after notice
7043and public hearing by the local government, and thereafter,
7044notwithstanding s. 380.06, this part, or any planning agreement
7045or plan policy, the large-area plan shall be implemented through
7046detailed specific area plans that meet the requirements of
7047paragraph (3)(b) and shall otherwise be subject to this section.
7048     (11)  Notwithstanding this section, a detailed specific
7049area plan to implement a conceptual long-term buildout overlay,
7050adopted by a local government and found in compliance before
7051July 1, 2011, shall be governed by this section.
7052     (12)  Notwithstanding s. 380.06, this part, or any planning
7053agreement or plan policy, a landowner or developer who has
7054received approval of a master development-of-regional-impact
7055development order pursuant to s. 380.06(21) may apply to
7056implement this order by filing one or more applications to
7057approve a detailed specific area plan pursuant to paragraph
7058(3)(b).
7059     (13)(7)  This section may not be construed to abrogate the
7060rights of any person under this chapter.
7061     Section 29.  Subsections (9), (12), and (14) of section
7062163.3246, Florida Statutes, are amended to read:
7063     163.3246  Local government comprehensive planning
7064certification program.-
7065     (9)(a)  Upon certification all comprehensive plan
7066amendments associated with the area certified must be adopted
7067and reviewed in the manner described in s. ss. 163.3184(5)-
7068(11)(1), (2), (7), (14), (15), and (16) and 163.3187, such that
7069state and regional agency review is eliminated. Plan amendments
7070that qualify as small scale development amendments may follow
7071the small scale review process in s. 163.3187. The department
7072may not issue any objections, recommendations, and comments
7073report on proposed plan amendments or a notice of intent on
7074adopted plan amendments; however, affected persons, as defined
7075by s. 163.3184(1)(a), may file a petition for administrative
7076review pursuant to the requirements of s. 163.3184(5)
7077163.3187(3)(a) to challenge the compliance of an adopted plan
7078amendment.
7079     (b)  Plan amendments that change the boundaries of the
7080certification area; propose a rural land stewardship area
7081pursuant to s. 163.3248 163.3177(11)(d); propose a an optional
7082sector plan pursuant to s. 163.3245; propose a school facilities
7083element; update a comprehensive plan based on an evaluation and
7084appraisal review report; impact lands outside the certification
7085boundary; implement new statutory requirements that require
7086specific comprehensive plan amendments; or increase hurricane
7087evacuation times or the need for shelter capacity on lands
7088within the coastal high-hazard area shall be reviewed pursuant
7089to s. ss. 163.3184 and 163.3187.
7090     (12)  A local government's certification shall be reviewed
7091by the local government and the department as part of the
7092evaluation and appraisal process pursuant to s. 163.3191. Within
70931 year after the deadline for the local government to update its
7094comprehensive plan based on the evaluation and appraisal report,
7095the department shall renew or revoke the certification. The
7096local government's failure to adopt a timely evaluation and
7097appraisal report, failure to adopt an evaluation and appraisal
7098report found to be sufficient, or failure to timely adopt
7099necessary amendments to update its comprehensive plan based on
7100an evaluation and appraisal, which are report found to be in
7101compliance by the department, shall be cause for revoking the
7102certification agreement. The department's decision to renew or
7103revoke shall be considered agency action subject to challenge
7104under s. 120.569.
7105     (14)  The Office of Program Policy Analysis and Government
7106Accountability shall prepare a report evaluating the
7107certification program, which shall be submitted to the Governor,
7108the President of the Senate, and the Speaker of the House of
7109Representatives by December 1, 2007.
7110     Section 30.  Section 163.32465, Florida Statutes, is
7111repealed.
7112     Section 31.  Subsection (6) is added to section 163.3247,
7113Florida Statutes, to read:
7114     163.3247  Century Commission for a Sustainable Florida.-
7115     (6)  EXPIRATION.-This section is repealed and the
7116commission is abolished June 30, 2013.
7117     Section 32.  Section 163.3248, Florida Statutes, is created
7118to read:
7119     163.3248  Rural land stewardship areas.-
7120     (1)  Rural land stewardship areas are designed to establish
7121a long-term incentive based strategy to balance and guide the
7122allocation of land so as to accommodate future land uses in a
7123manner that protects the natural environment, stimulate economic
7124growth and diversification, and encourage the retention of land
7125for agriculture and other traditional rural land uses.
7126     (2)  Upon written request by one or more landowners of the
7127subject lands to designate lands as a rural land stewardship
7128area, or pursuant to a private-sector-initiated comprehensive
7129plan amendment filed by, or with the consent of the owners of
7130the subject lands, local governments may adopt a future land use
7131overlay to designate all or portions of lands classified in the
7132future land use element as predominantly agricultural, rural,
7133open, open-rural, or a substantively equivalent land use, as a
7134rural land stewardship area within which planning and economic
7135incentives are applied to encourage the implementation of
7136innovative and flexible planning and development strategies and
7137creative land use planning techniques to support a diverse
7138economic and employment base. The future land use overlay may
7139not require a demonstration of need based on population
7140projections or any other factors.
7141     (3)  Rural land stewardship areas may be used to further
7142the following broad principles of rural sustainability:
7143restoration and maintenance of the economic value of rural land;
7144control of urban sprawl; identification and protection of
7145ecosystems, habitats, and natural resources; promotion and
7146diversification of economic activity and employment
7147opportunities within the rural areas; maintenance of the
7148viability of the state's agricultural economy; and protection of
7149private property rights in rural areas of the state. Rural land
7150stewardship areas may be multicounty in order to encourage
7151coordinated regional stewardship planning.
7152     (4)  A local government or one or more property owners may
7153request assistance and participation in the development of a
7154plan for the rural land stewardship area from the state land
7155planning agency, the Department of Agriculture and Consumer
7156Services, the Fish and Wildlife Conservation Commission, the
7157Department of Environmental Protection, the appropriate water
7158management district, the Department of Transportation, the
7159regional planning council, private land owners, and
7160stakeholders.
7161     (5)  A rural land stewardship area shall be not less than
716210,000 acres, shall be located outside of municipalities and
7163established urban service areas, and shall be designated by plan
7164amendment by each local government with jurisdiction over the
7165rural land stewardship area. The plan amendment or amendments
7166designating a rural land stewardship area are subject to review
7167pursuant to s. 163.3184 and shall provide for the following:
7168     (a)  Criteria for the designation of receiving areas which
7169shall, at a minimum, provide for the following: adequacy of
7170suitable land to accommodate development so as to avoid conflict
7171with significant environmentally sensitive areas, resources, and
7172habitats; compatibility between and transition from higher
7173density uses to lower intensity rural uses; and the
7174establishment of receiving area service boundaries that provide
7175for a transition from receiving areas and other land uses within
7176the rural land stewardship area through limitations on the
7177extension of services.
7178     (b)  Innovative planning and development strategies to be
7179applied within rural land stewardship areas pursuant to this
7180section.
7181     (c)  A process for the implementation of innovative
7182planning and development strategies within the rural land
7183stewardship area, including those described in this subsection,
7184which provide for a functional mix of land uses through the
7185adoption by the local government of zoning and land development
7186regulations applicable to the rural land stewardship area.
7187     (d)  A mix of densities and intensities that would not be
7188characterized as urban sprawl through the use of innovative
7189strategies and creative land use techniques.
7190     (6)  A receiving area may be designated only pursuant to
7191procedures established in the local government's land
7192development regulations. If receiving area designation requires
7193the approval of the county board of county commissioners, such
7194approval shall be by resolution with a simple majority vote.
7195Before the commencement of development within a stewardship
7196receiving area, a listed species survey must be performed for
7197the area proposed for development. If listed species occur on
7198the receiving area development site, the applicant must
7199coordinate with each appropriate local, state, or federal agency
7200to determine if adequate provisions have been made to protect
7201those species in accordance with applicable regulations. In
7202determining the adequacy of provisions for the protection of
7203listed species and their habitats, the rural land stewardship
7204area shall be considered as a whole, and the potential impacts
7205and protective measures taken within areas to be developed as
7206receiving areas shall be considered in conjunction with and
7207compensated by lands set aside and protective measures taken
7208within the designated sending areas.
7209     (7)  Upon the adoption of a plan amendment creating a rural
7210land stewardship area, the local government shall, by ordinance,
7211establish a rural land stewardship overlay zoning district,
7212which shall provide the methodology for the creation,
7213conveyance, and use of transferable rural land use credits,
7214hereinafter referred to as stewardship credits, the assignment
7215and application of which does not constitute a right to develop
7216land or increase the density of land, except as provided by this
7217section. The total amount of stewardship credits within the
7218rural land stewardship area must enable the realization of the
7219long-term vision and goals for the rural land stewardship area,
7220which may take into consideration the anticipated effect of the
7221proposed receiving areas. The estimated amount of receiving area
7222shall be projected based on available data, and the development
7223potential represented by the stewardship credits created within
7224the rural land stewardship area must correlate to that amount.
7225     (8)  Stewardship credits are subject to the following
7226limitations:
7227     (a)  Stewardship credits may exist only within a rural land
7228stewardship area.
7229     (b)  Stewardship credits may be created only from lands
7230designated as stewardship sending areas and may be used only on
7231lands designated as stewardship receiving areas and then solely
7232for the purpose of implementing innovative planning and
7233development strategies and creative land use planning techniques
7234adopted by the local government pursuant to this section.
7235     (c)  Stewardship credits assigned to a parcel of land
7236within a rural land stewardship area shall cease to exist if the
7237parcel of land is removed from the rural land stewardship area
7238by plan amendment.
7239     (d)  Neither the creation of the rural land stewardship
7240area by plan amendment nor the adoption of the rural land
7241stewardship zoning overlay district by the local government may
7242displace the underlying permitted uses or the density or
7243intensity of land uses assigned to a parcel of land within the
7244rural land stewardship area that existed before adoption of the
7245plan amendment or zoning overlay district; however, once
7246stewardship credits have been transferred from a designated
7247sending area for use within a designated receiving area, the
7248underlying density assigned to the designated sending area
7249ceases to exist.
7250     (e)  The underlying permitted uses, density, or intensity
7251on each parcel of land located within a rural land stewardship
7252area may not be increased or decreased by the local government,
7253except as a result of the conveyance or stewardship credits, as
7254long as the parcel remains within the rural land stewardship
7255area.
7256     (f)  Stewardship credits shall cease to exist on a parcel
7257of land where the underlying density assigned to the parcel of
7258land is used.
7259     (g)  An increase in the density or intensity of use on a
7260parcel of land located within a designated receiving area may
7261occur only through the assignment or use of stewardship credits
7262and do not require a plan amendment. A change in the type of
7263agricultural use on property within a rural land stewardship
7264area is not considered a change in use or intensity of use and
7265does not require any transfer of stewardship credits.
7266     (h)  A change in the density or intensity of land use on
7267parcels located within receiving areas shall be specified in a
7268development order that reflects the total number of stewardship
7269credits assigned to the parcel of land and the infrastructure
7270and support services necessary to provide for a functional mix
7271of land uses corresponding to the plan of development.
7272     (i)  Land within a rural land stewardship area may be
7273removed from the rural land stewardship area through a plan
7274amendment.
7275     (j)  Stewardship credits may be assigned at different
7276ratios of credits per acre according to the natural resource or
7277other beneficial use characteristics of the land and according
7278to the land use remaining after the transfer of credits, with
7279the highest number of credits per acre assigned to the most
7280environmentally valuable land or, in locations where the
7281retention of open space and agricultural land is a priority, to
7282such lands.
7283     (k)  Stewardship credits may be transferred from a sending
7284area only after a stewardship easement is placed on the sending
7285area land with assigned stewardship credits. A stewardship
7286easement is a covenant or restrictive easement running with the
7287land which specifies the allowable uses and development
7288restrictions for the portion of a sending area from which
7289stewardship credits have been transferred. The stewardship
7290easement must be jointly held by the county and the Department
7291of Environmental Protection, the Department of Agriculture and
7292Consumer Services, a water management district, or a recognized
7293statewide land trust.
7294     (9)  Owners of land within rural land stewardship sending
7295areas should be provided other incentives, in addition to the
7296use or conveyance of stewardship credits, to enter into rural
7297land stewardship agreements, pursuant to existing law and rules
7298adopted thereto, with state agencies, water management
7299districts, the Fish and Wildlife Conservation Commission, and
7300local governments to achieve mutually agreed upon objectives.
7301Such incentives may include, but are not limited to, the
7302following:
7303     (a)  Opportunity to accumulate transferable wetland and
7304species habitat mitigation credits for use or sale.
7305     (b)  Extended permit agreements.
7306     (c)  Opportunities for recreational leases and ecotourism.
7307     (d)  Compensation for the achievement of specified land
7308management activities of public benefit, including, but not
7309limited to, facility siting and corridors, recreational leases,
7310water conservation and storage, water reuse, wastewater
7311recycling, water supply and water resource development, nutrient
7312reduction, environmental restoration and mitigation, public
7313recreation, listed species protection and recovery, and wildlife
7314corridor management and enhancement.
7315     (e)  Option agreements for sale to public entities or
7316private land conservation entities, in either fee or easement,
7317upon achievement of specified conservation objectives.
7318     (10)  This section constitutes an overlay of land use
7319options that provide economic and regulatory incentives for
7320landowners outside of established and planned urban service
7321areas to conserve and manage vast areas of land for the benefit
7322of the state's citizens and natural environment while
7323maintaining and enhancing the asset value of their landholdings.
7324It is the intent of the Legislature that this section be
7325implemented pursuant to law and rulemaking is not authorized.
7326     (11)  It is the intent of the Legislature that the rural
7327land stewardship area located in Collier County, which was
7328established pursuant to the requirements of a final order by the
7329Governor and Cabinet, duly adopted as a growth management plan
7330amendment by Collier County, and found in compliance with this
7331chapter, be recognized as a statutory rural land stewardship
7332area and be afforded the incentives in this section.
7333     Section 33.  Paragraph (a) of subsection (2) of section
7334163.360, Florida Statutes, is amended to read:
7335     163.360  Community redevelopment plans.-
7336     (2)  The community redevelopment plan shall:
7337     (a)  Conform to the comprehensive plan for the county or
7338municipality as prepared by the local planning agency under the
7339Community Local Government Comprehensive Planning and Land
7340Development Regulation Act.
7341     Section 34.  Paragraph (a) of subsection (3) and subsection
7342(8) of section 163.516, Florida Statutes, are amended to read:
7343     163.516  Safe neighborhood improvement plans.-
7344     (3)  The safe neighborhood improvement plan shall:
7345     (a)  Be consistent with the adopted comprehensive plan for
7346the county or municipality pursuant to the Community Local
7347Government Comprehensive Planning and Land Development
7348Regulation Act. No district plan shall be implemented unless the
7349local governing body has determined said plan is consistent.
7350     (8)  Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
7351the governing body of a municipality or county shall hold two
7352public hearings to consider the board-adopted safe neighborhood
7353improvement plan as an amendment or modification to the
7354municipality's or county's adopted local comprehensive plan.
7355     Section 35.  Paragraph (f) of subsection (6), subsection
7356(9), and paragraph (c) of subsection (11) of section 171.203,
7357Florida Statutes, are amended to read:
7358     171.203  Interlocal service boundary agreement.-The
7359governing body of a county and one or more municipalities or
7360independent special districts within the county may enter into
7361an interlocal service boundary agreement under this part. The
7362governing bodies of a county, a municipality, or an independent
7363special district may develop a process for reaching an
7364interlocal service boundary agreement which provides for public
7365participation in a manner that meets or exceeds the requirements
7366of subsection (13), or the governing bodies may use the process
7367established in this section.
7368     (6)  An interlocal service boundary agreement may address
7369any issue concerning service delivery, fiscal responsibilities,
7370or boundary adjustment. The agreement may include, but need not
7371be limited to, provisions that:
7372     (f)  Establish a process for land use decisions consistent
7373with part II of chapter 163, including those made jointly by the
7374governing bodies of the county and the municipality, or allow a
7375municipality to adopt land use changes consistent with part II
7376of chapter 163 for areas that are scheduled to be annexed within
7377the term of the interlocal agreement; however, the county
7378comprehensive plan and land development regulations shall
7379control until the municipality annexes the property and amends
7380its comprehensive plan accordingly. Comprehensive plan
7381amendments to incorporate the process established by this
7382paragraph are exempt from the twice-per-year limitation under s.
7383163.3187.
7384     (9)  Each local government that is a party to the
7385interlocal service boundary agreement shall amend the
7386intergovernmental coordination element of its comprehensive
7387plan, as described in s. 163.3177(6)(h)1., no later than 6
7388months following entry of the interlocal service boundary
7389agreement consistent with s. 163.3177(6)(h)1. Plan amendments
7390required by this subsection are exempt from the twice-per-year
7391limitation under s. 163.3187.
7392     (11)
7393     (c)  Any amendment required by paragraph (a) is exempt from
7394the twice-per-year limitation under s. 163.3187.
7395     Section 36.  Section 186.513, Florida Statutes, is amended
7396to read:
7397     186.513  Reports.-Each regional planning council shall
7398prepare and furnish an annual report on its activities to the
7399state land planning agency as defined in s. 163.3164(20) and the
7400local general-purpose governments within its boundaries and,
7401upon payment as may be established by the council, to any
7402interested person. The regional planning councils shall make a
7403joint report and recommendations to appropriate legislative
7404committees.
7405     Section 37.  Section 186.515, Florida Statutes, is amended
7406to read:
7407     186.515  Creation of regional planning councils under
7408chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and
7409186.515 is intended to repeal or limit the provisions of chapter
7410163; however, the local general-purpose governments serving as
7411voting members of the governing body of a regional planning
7412council created pursuant to ss. 186.501-186.507, 186.513, and
7413186.515 are not authorized to create a regional planning council
7414pursuant to chapter 163 unless an agency, other than a regional
7415planning council created pursuant to ss. 186.501-186.507,
7416186.513, and 186.515, is designated to exercise the powers and
7417duties in any one or more of ss. 163.3164(19) and 380.031(15);
7418in which case, such a regional planning council is also without
7419authority to exercise the powers and duties in s. 163.3164(19)
7420or s. 380.031(15).
7421     Section 38.  Subsection (1) of section 189.415, Florida
7422Statutes, is amended to read:
7423     189.415  Special district public facilities report.-
7424     (1)  It is declared to be the policy of this state to
7425foster coordination between special districts and local general-
7426purpose governments as those local general-purpose governments
7427develop comprehensive plans under the Community Local Government
7428Comprehensive Planning and Land Development Regulation Act,
7429pursuant to part II of chapter 163.
7430     Section 39.  Subsection (3) of section 190.004, Florida
7431Statutes, is amended to read:
7432     190.004  Preemption; sole authority.-
7433     (3)  The establishment of an independent community
7434development district as provided in this act is not a
7435development order within the meaning of chapter 380. All
7436governmental planning, environmental, and land development laws,
7437regulations, and ordinances apply to all development of the land
7438within a community development district. Community development
7439districts do not have the power of a local government to adopt a
7440comprehensive plan, building code, or land development code, as
7441those terms are defined in the Community Local Government
7442Comprehensive Planning and Land Development Regulation Act. A
7443district shall take no action which is inconsistent with
7444applicable comprehensive plans, ordinances, or regulations of
7445the applicable local general-purpose government.
7446     Section 40.  Paragraph (a) of subsection (1) of section
7447190.005, Florida Statutes, is amended to read:
7448     190.005  Establishment of district.-
7449     (1)  The exclusive and uniform method for the establishment
7450of a community development district with a size of 1,000 acres
7451or more shall be pursuant to a rule, adopted under chapter 120
7452by the Florida Land and Water Adjudicatory Commission, granting
7453a petition for the establishment of a community development
7454district.
7455     (a)  A petition for the establishment of a community
7456development district shall be filed by the petitioner with the
7457Florida Land and Water Adjudicatory Commission. The petition
7458shall contain:
7459     1.  A metes and bounds description of the external
7460boundaries of the district. Any real property within the
7461external boundaries of the district which is to be excluded from
7462the district shall be specifically described, and the last known
7463address of all owners of such real property shall be listed. The
7464petition shall also address the impact of the proposed district
7465on any real property within the external boundaries of the
7466district which is to be excluded from the district.
7467     2.  The written consent to the establishment of the
7468district by all landowners whose real property is to be included
7469in the district or documentation demonstrating that the
7470petitioner has control by deed, trust agreement, contract, or
7471option of 100 percent of the real property to be included in the
7472district, and when real property to be included in the district
7473is owned by a governmental entity and subject to a ground lease
7474as described in s. 190.003(14), the written consent by such
7475governmental entity.
7476     3.  A designation of five persons to be the initial members
7477of the board of supervisors, who shall serve in that office
7478until replaced by elected members as provided in s. 190.006.
7479     4.  The proposed name of the district.
7480     5.  A map of the proposed district showing current major
7481trunk water mains and sewer interceptors and outfalls if in
7482existence.
7483     6.  Based upon available data, the proposed timetable for
7484construction of the district services and the estimated cost of
7485constructing the proposed services. These estimates shall be
7486submitted in good faith but are shall not be binding and may be
7487subject to change.
7488     7.  A designation of the future general distribution,
7489location, and extent of public and private uses of land proposed
7490for the area within the district by the future land use plan
7491element of the effective local government comprehensive plan of
7492which all mandatory elements have been adopted by the applicable
7493general-purpose local government in compliance with the
7494Community Local Government Comprehensive Planning and Land
7495Development Regulation Act.
7496     8.  A statement of estimated regulatory costs in accordance
7497with the requirements of s. 120.541.
7498     Section 41.  Paragraph (i) of subsection (6) of section
7499193.501, Florida Statutes, is amended to read:
7500     193.501  Assessment of lands subject to a conservation
7501easement, environmentally endangered lands, or lands used for
7502outdoor recreational or park purposes when land development
7503rights have been conveyed or conservation restrictions have been
7504covenanted.-
7505     (6)  The following terms whenever used as referred to in
7506this section have the following meanings unless a different
7507meaning is clearly indicated by the context:
7508     (i)  "Qualified as environmentally endangered" means land
7509that has unique ecological characteristics, rare or limited
7510combinations of geological formations, or features of a rare or
7511limited nature constituting habitat suitable for fish, plants,
7512or wildlife, and which, if subject to a development moratorium
7513or one or more conservation easements or development
7514restrictions appropriate to retaining such land or water areas
7515predominantly in their natural state, would be consistent with
7516the conservation, recreation and open space, and, if applicable,
7517coastal protection elements of the comprehensive plan adopted by
7518formal action of the local governing body pursuant to s.
7519163.3161, the Community Local Government Comprehensive Planning
7520and Land Development Regulation Act; or surface waters and
7521wetlands, as determined by the methodology ratified in s.
7522373.4211.
7523     Section 42.  Subsection (15) of section 287.042, Florida
7524Statutes, is amended to read:
7525     287.042  Powers, duties, and functions.-The department
7526shall have the following powers, duties, and functions:
7527     (15)  To enter into joint agreements with governmental
7528agencies, as defined in s. 163.3164(10), for the purpose of
7529pooling funds for the purchase of commodities or information
7530technology that can be used by multiple agencies.
7531     (a)  Each agency that has been appropriated or has existing
7532funds for such purchase, shall, upon contract award by the
7533department, transfer their portion of the funds into the
7534department's Operating Trust Fund for payment by the department.
7535The funds shall be transferred by the Executive Office of the
7536Governor pursuant to the agency budget amendment request
7537provisions in chapter 216.
7538     (b)  Agencies that sign the joint agreements are
7539financially obligated for their portion of the agreed-upon
7540funds. If an agency becomes more than 90 days delinquent in
7541paying the funds, the department shall certify to the Chief
7542Financial Officer the amount due, and the Chief Financial
7543Officer shall transfer the amount due to the Operating Trust
7544Fund of the department from any of the agency's available funds.
7545The Chief Financial Officer shall report these transfers and the
7546reasons for the transfers to the Executive Office of the
7547Governor and the legislative appropriations committees.
7548     Section 43.  Subsection (4) of section 288.063, Florida
7549Statutes, is amended to read:
7550     288.063  Contracts for transportation projects.-
7551     (4)  The Office of Tourism, Trade, and Economic Development
7552may adopt criteria by which transportation projects are to be
7553reviewed and certified in accordance with s. 288.061. In
7554approving transportation projects for funding, the Office of
7555Tourism, Trade, and Economic Development shall consider factors
7556including, but not limited to, the cost per job created or
7557retained considering the amount of transportation funds
7558requested; the average hourly rate of wages for jobs created;
7559the reliance on the program as an inducement for the project's
7560location decision; the amount of capital investment to be made
7561by the business; the demonstrated local commitment; the location
7562of the project in an enterprise zone designated pursuant to s.
7563290.0055; the location of the project in a spaceport territory
7564as defined in s. 331.304; the unemployment rate of the
7565surrounding area; and the poverty rate of the community; and the
7566adoption of an economic element as part of its local
7567comprehensive plan in accordance with s. 163.3177(7)(j). The
7568Office of Tourism, Trade, and Economic Development may contact
7569any agency it deems appropriate for additional input regarding
7570the approval of projects.
7571     Section 44.  Paragraph (a) of subsection (2), subsection
7572(10), and paragraph (d) of subsection (12) of section 288.975,
7573Florida Statutes, are amended to read:
7574     288.975  Military base reuse plans.-
7575     (2)  As used in this section, the term:
7576     (a)  "Affected local government" means a local government
7577adjoining the host local government and any other unit of local
7578government that is not a host local government but that is
7579identified in a proposed military base reuse plan as providing,
7580operating, or maintaining one or more public facilities as
7581defined in s. 163.3164(24) on lands within or serving a military
7582base designated for closure by the Federal Government.
7583     (10)  Within 60 days after receipt of a proposed military
7584base reuse plan, these entities shall review and provide
7585comments to the host local government. The commencement of this
7586review period shall be advertised in newspapers of general
7587circulation within the host local government and any affected
7588local government to allow for public comment. No later than 180
7589days after receipt and consideration of all comments, and the
7590holding of at least two public hearings, the host local
7591government shall adopt the military base reuse plan. The host
7592local government shall comply with the notice requirements set
7593forth in s. 163.3184(11)(15) to ensure full public participation
7594in this planning process.
7595     (12)  Following receipt of a petition, the petitioning
7596party or parties and the host local government shall seek
7597resolution of the issues in dispute. The issues in dispute shall
7598be resolved as follows:
7599     (d)  Within 45 days after receiving the report from the
7600state land planning agency, the Administration Commission shall
7601take action to resolve the issues in dispute. In deciding upon a
7602proper resolution, the Administration Commission shall consider
7603the nature of the issues in dispute, any requests for a formal
7604administrative hearing pursuant to chapter 120, the compliance
7605of the parties with this section, the extent of the conflict
7606between the parties, the comparative hardships and the public
7607interest involved. If the Administration Commission incorporates
7608in its final order a term or condition that requires any local
7609government to amend its local government comprehensive plan, the
7610local government shall amend its plan within 60 days after the
7611issuance of the order. Such amendment or amendments shall be
7612exempt from the limitation of the frequency of plan amendments
7613contained in s. 163.3187(1), and A public hearing on such
7614amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
7615shall not be required. The final order of the Administration
7616Commission is subject to appeal pursuant to s. 120.68. If the
7617order of the Administration Commission is appealed, the time for
7618the local government to amend its plan shall be tolled during
7619the pendency of any local, state, or federal administrative or
7620judicial proceeding relating to the military base reuse plan.
7621     Section 45.  Subsection (4) of section 290.0475, Florida
7622Statutes, is amended to read:
7623     290.0475  Rejection of grant applications; penalties for
7624failure to meet application conditions.-Applications received
7625for funding under all program categories shall be rejected
7626without scoring only in the event that any of the following
7627circumstances arise:
7628     (4)  The application is not consistent with the local
7629government's comprehensive plan adopted pursuant to s.
7630163.3184(7).
7631     Section 46.  Paragraph (c) of subsection (3) of section
7632311.07, Florida Statutes, is amended to read:
7633     311.07  Florida seaport transportation and economic
7634development funding.-
7635     (3)
7636     (c)  To be eligible for consideration by the council
7637pursuant to this section, a project must be consistent with the
7638port comprehensive master plan which is incorporated as part of
7639the approved local government comprehensive plan as required by
7640s. 163.3178(2)(k) or other provisions of the Community Local
7641Government Comprehensive Planning and Land Development
7642Regulation Act, part II of chapter 163.
7643     Section 47.  Subsection (1) of section 331.319, Florida
7644Statutes, is amended to read:
7645     331.319  Comprehensive planning; building and safety
7646codes.-The board of directors may:
7647     (1)  Adopt, and from time to time review, amend,
7648supplement, or repeal, a comprehensive general plan for the
7649physical development of the area within the spaceport territory
7650in accordance with the objectives and purposes of this act and
7651consistent with the comprehensive plans of the applicable county
7652or counties and municipality or municipalities adopted pursuant
7653to the Community Local Government Comprehensive Planning and
7654Land Development Regulation Act, part II of chapter 163.
7655     Section 48.  Paragraph (e) of subsection (5) of section
7656339.155, Florida Statutes, is amended to read:
7657     339.155  Transportation planning.-
7658     (5)  ADDITIONAL TRANSPORTATION PLANS.-
7659     (e)  The regional transportation plan developed pursuant to
7660this section must, at a minimum, identify regionally significant
7661transportation facilities located within a regional
7662transportation area and contain a prioritized list of regionally
7663significant projects. The level-of-service standards for
7664facilities to be funded under this subsection shall be adopted
7665by the appropriate local government in accordance with s.
7666163.3180(10). The projects shall be adopted into the capital
7667improvements schedule of the local government comprehensive plan
7668pursuant to s. 163.3177(3).
7669     Section 49.  Paragraph (a) of subsection (4) of section
7670339.2819, Florida Statutes, is amended to read:
7671     339.2819  Transportation Regional Incentive Program.-
7672     (4)(a)  Projects to be funded with Transportation Regional
7673Incentive Program funds shall, at a minimum:
7674     1.  Support those transportation facilities that serve
7675national, statewide, or regional functions and function as an
7676integrated regional transportation system.
7677     2.  Be identified in the capital improvements element of a
7678comprehensive plan that has been determined to be in compliance
7679with part II of chapter 163, after July 1, 2005, or to implement
7680a long-term concurrency management system adopted by a local
7681government in accordance with s. 163.3180(9). Further, the
7682project shall be in compliance with local government
7683comprehensive plan policies relative to corridor management.
7684     3.  Be consistent with the Strategic Intermodal System Plan
7685developed under s. 339.64.
7686     4.  Have a commitment for local, regional, or private
7687financial matching funds as a percentage of the overall project
7688cost.
7689     Section 50.  Subsection (5) of section 369.303, Florida
7690Statutes, is amended to read:
7691     369.303  Definitions.-As used in this part:
7692     (5)  "Land development regulation" means a regulation
7693covered by the definition in s. 163.3164(23) and any of the
7694types of regulations described in s. 163.3202.
7695     Section 51.  Subsections (5) and (7) of section 369.321,
7696Florida Statutes, are amended to read:
7697     369.321  Comprehensive plan amendments.-Except as otherwise
7698expressly provided, by January 1, 2006, each local government
7699within the Wekiva Study Area shall amend its local government
7700comprehensive plan to include the following:
7701     (5)  Comprehensive plans and comprehensive plan amendments
7702adopted by the local governments to implement this section shall
7703be reviewed by the Department of Community Affairs pursuant to
7704s. 163.3184, and shall be exempt from the provisions of s.
7705163.3187(1).
7706     (7)  During the period prior to the adoption of the
7707comprehensive plan amendments required by this act, any local
7708comprehensive plan amendment adopted by a city or county that
7709applies to land located within the Wekiva Study Area shall
7710protect surface and groundwater resources and be reviewed by the
7711Department of Community Affairs, pursuant to chapter 163 and
7712chapter 9J-5, Florida Administrative Code, using best available
7713data, including the information presented to the Wekiva River
7714Basin Coordinating Committee.
7715     Section 52.  Subsection (1) of section 378.021, Florida
7716Statutes, is amended to read:
7717     378.021  Master reclamation plan.-
7718     (1)  The Department of Environmental Protection shall amend
7719the master reclamation plan that provides guidelines for the
7720reclamation of lands mined or disturbed by the severance of
7721phosphate rock prior to July 1, 1975, which lands are not
7722subject to mandatory reclamation under part II of chapter 211.
7723In amending the master reclamation plan, the Department of
7724Environmental Protection shall continue to conduct an onsite
7725evaluation of all lands mined or disturbed by the severance of
7726phosphate rock prior to July 1, 1975, which lands are not
7727subject to mandatory reclamation under part II of chapter 211.
7728The master reclamation plan when amended by the Department of
7729Environmental Protection shall be consistent with local
7730government plans prepared pursuant to the Community Local
7731Government Comprehensive Planning and Land Development
7732Regulation Act.
7733     Section 53.  Subsection (10) of section 380.031, Florida
7734Statutes, is amended to read:
7735     380.031  Definitions.-As used in this chapter:
7736     (10)  "Local comprehensive plan" means any or all local
7737comprehensive plans or elements or portions thereof prepared,
7738adopted, or amended pursuant to the Community Local Government
7739Comprehensive Planning and Land Development Regulation Act, as
7740amended.
7741     Section 54.  Paragraph (d) of subsection (2), paragraph (b)
7742of subsection (6), paragraphs (c) and (e) of subsection (19),
7743subsection (24), paragraph (e) of subsection (28), and
7744paragraphs (a), (d), and (e) of subsection (29) of section
7745380.06, Florida Statutes, are amended, and subsection (30) is
7746added to that section, to read:
7747     380.06  Developments of regional impact.-
7748     (2)  STATEWIDE GUIDELINES AND STANDARDS.-
7749     (d)  The guidelines and standards shall be applied as
7750follows:
7751     1.  Fixed thresholds.-
7752     a.  A development that is below 100 percent of all
7753numerical thresholds in the guidelines and standards shall not
7754be required to undergo development-of-regional-impact review.
7755     b.  A development that is at or above 120 percent of any
7756numerical threshold shall be required to undergo development-of-
7757regional-impact review.
7758     c.  Projects certified under s. 403.973 which create at
7759least 100 jobs and meet the criteria of the Office of Tourism,
7760Trade, and Economic Development as to their impact on an area's
7761economy, employment, and prevailing wage and skill levels that
7762are at or below 100 percent of the numerical thresholds for
7763industrial plants, industrial parks, distribution, warehousing
7764or wholesaling facilities, office development or multiuse
7765projects other than residential, as described in s.
7766380.0651(3)(c), (d), and (f)(h), are not required to undergo
7767development-of-regional-impact review.
7768     2.  Rebuttable presumption.-It shall be presumed that a
7769development that is at 100 percent or between 100 and 120
7770percent of a numerical threshold shall be required to undergo
7771development-of-regional-impact review.
7772     Section 55.  Paragraph (b) of subsection (6), paragraph (g)
7773of subsection (15), paragraphs (b), (c), and (e) of subsection
7774(19), subsection (24), paragraph (e) of subsection (28), and
7775paragraphs (a), (d), and (e) of subsection (29) of section
7776380.06, Florida Statutes, are amended, and subsection (30) is
7777added to that section, to read:
7778     (6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7779PLAN AMENDMENTS.-
7780     (b)  Any local government comprehensive plan amendments
7781related to a proposed development of regional impact, including
7782any changes proposed under subsection (19), may be initiated by
7783a local planning agency or the developer and must be considered
7784by the local governing body at the same time as the application
7785for development approval using the procedures provided for local
7786plan amendment in s. 163.3187 or s. 163.3189 and applicable
7787local ordinances, without regard to statutory or local ordinance
7788limits on the frequency of consideration of amendments to the
7789local comprehensive plan. Nothing in This paragraph does not
7790shall be deemed to require favorable consideration of a plan
7791amendment solely because it is related to a development of
7792regional impact. The procedure for processing such comprehensive
7793plan amendments is as follows:
7794     1.  If a developer seeks a comprehensive plan amendment
7795related to a development of regional impact, the developer must
7796so notify in writing the regional planning agency, the
7797applicable local government, and the state land planning agency
7798no later than the date of preapplication conference or the
7799submission of the proposed change under subsection (19).
7800     2.  When filing the application for development approval or
7801the proposed change, the developer must include a written
7802request for comprehensive plan amendments that would be
7803necessitated by the development-of-regional-impact approvals
7804sought. That request must include data and analysis upon which
7805the applicable local government can determine whether to
7806transmit the comprehensive plan amendment pursuant to s.
7807163.3184.
7808     3.  The local government must advertise a public hearing on
7809the transmittal within 30 days after filing the application for
7810development approval or the proposed change and must make a
7811determination on the transmittal within 60 days after the
7812initial filing unless that time is extended by the developer.
7813     4.  If the local government approves the transmittal,
7814procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
7815followed.
7816     5.  Notwithstanding subsection (11) or subsection (19), the
7817local government may not hold a public hearing on the
7818application for development approval or the proposed change or
7819on the comprehensive plan amendments sooner than 30 days from
7820receipt of the response from the state land planning agency
7821pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
7822local governments to adopt, adopt with changes, or not adopt
7823plan amendments pursuant to s. 163.3184(7) shall not apply to
7824concurrent plan amendments provided for in this subsection.
7825     6.  The local government must hear both the application for
7826development approval or the proposed change and the
7827comprehensive plan amendments at the same hearing. However, the
7828local government must take action separately on the application
7829for development approval or the proposed change and on the
7830comprehensive plan amendments.
7831     7.  Thereafter, the appeal process for the local government
7832development order must follow the provisions of s. 380.07, and
7833the compliance process for the comprehensive plan amendments
7834must follow the provisions of s. 163.3184.
7835     (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.-
7836     (g)  A local government shall not issue permits for
7837development subsequent to the buildout date contained in the
7838development order unless:
7839     1.  The proposed development has been evaluated
7840cumulatively with existing development under the substantial
7841deviation provisions of subsection (19) subsequent to the
7842termination or expiration date;
7843     2.  The proposed development is consistent with an
7844abandonment of development order that has been issued in
7845accordance with the provisions of subsection (26);
7846     3.  The development of regional impact is essentially built
7847out, in that all the mitigation requirements in the development
7848order have been satisfied, all developers are in compliance with
7849all applicable terms and conditions of the development order
7850except the buildout date, and the amount of proposed development
7851that remains to be built is less than 40 20 percent of any
7852applicable development-of-regional-impact threshold; or
7853     4.  The project has been determined to be an essentially
7854built-out development of regional impact through an agreement
7855executed by the developer, the state land planning agency, and
7856the local government, in accordance with s. 380.032, which will
7857establish the terms and conditions under which the development
7858may be continued. If the project is determined to be essentially
7859built out, development may proceed pursuant to the s. 380.032
7860agreement after the termination or expiration date contained in
7861the development order without further development-of-regional-
7862impact review subject to the local government comprehensive plan
7863and land development regulations or subject to a modified
7864development-of-regional-impact analysis. As used in this
7865paragraph, an "essentially built-out" development of regional
7866impact means:
7867     a.  The developers are in compliance with all applicable
7868terms and conditions of the development order except the
7869buildout date; and
7870     b.(I)  The amount of development that remains to be built
7871is less than the substantial deviation threshold specified in
7872paragraph (19)(b) for each individual land use category, or, for
7873a multiuse development, the sum total of all unbuilt land uses
7874as a percentage of the applicable substantial deviation
7875threshold is equal to or less than 100 percent; or
7876     (II)  The state land planning agency and the local
7877government have agreed in writing that the amount of development
7878to be built does not create the likelihood of any additional
7879regional impact not previously reviewed.
7880
7881The single-family residential portions of a development may be
7882considered "essentially built out" if all of the workforce
7883housing obligations and all of the infrastructure and horizontal
7884development have been completed, at least 50 percent of the
7885dwelling units have been completed, and more than 80 percent of
7886the lots have been conveyed to third-party individual lot owners
7887or to individual builders who own no more than 40 lots at the
7888time of the determination. The mobile home park portions of a
7889development may be considered "essentially built out" if all the
7890infrastructure and horizontal development has been completed,
7891and at least 50 percent of the lots are leased to individual
7892mobile home owners.
7893     (19)  SUBSTANTIAL DEVIATIONS.-
7894     (b)  Any proposed change to a previously approved
7895development of regional impact or development order condition
7896which, either individually or cumulatively with other changes,
7897exceeds any of the following criteria shall constitute a
7898substantial deviation and shall cause the development to be
7899subject to further development-of-regional-impact review without
7900the necessity for a finding of same by the local government:
7901     1.  An increase in the number of parking spaces at an
7902attraction or recreational facility by 15 10 percent or 500 330
7903spaces, whichever is greater, or an increase in the number of
7904spectators that may be accommodated at such a facility by 15 10
7905percent or 1,500 1,100 spectators, whichever is greater.
7906     2.  A new runway, a new terminal facility, a 25-percent
7907lengthening of an existing runway, or a 25-percent increase in
7908the number of gates of an existing terminal, but only if the
7909increase adds at least three additional gates.
7910     3.  An increase in industrial development area by 10
7911percent or 35 acres, whichever is greater.
7912     4.  An increase in the average annual acreage mined by 10
7913percent or 11 acres, whichever is greater, or an increase in the
7914average daily water consumption by a mining operation by 10
7915percent or 330,000 gallons, whichever is greater. A net increase
7916in the size of the mine by 10 percent or 825 acres, whichever is
7917less. For purposes of calculating any net increases in size,
7918only additions and deletions of lands that have not been mined
7919shall be considered. An increase in the size of a heavy mineral
7920mine as defined in s. 378.403(7) will only constitute a
7921substantial deviation if the average annual acreage mined is
7922more than 550 acres and consumes more than 3.3 million gallons
7923of water per day.
7924     3.5.  An increase in land area for office development by 15
792510 percent or an increase of gross floor area of office
7926development by 15 10 percent or 100,000 66,000 gross square
7927feet, whichever is greater.
7928     4.6.  An increase in the number of dwelling units by 10
7929percent or 55 dwelling units, whichever is greater.
7930     5.7.  An increase in the number of dwelling units by 50
7931percent or 200 units, whichever is greater, provided that 15
7932percent of the proposed additional dwelling units are dedicated
7933to affordable workforce housing, subject to a recorded land use
7934restriction that shall be for a period of not less than 20 years
7935and that includes resale provisions to ensure long-term
7936affordability for income-eligible homeowners and renters and
7937provisions for the workforce housing to be commenced prior to
7938the completion of 50 percent of the market rate dwelling. For
7939purposes of this subparagraph, the term "affordable workforce
7940housing" means housing that is affordable to a person who earns
7941less than 120 percent of the area median income, or less than
7942140 percent of the area median income if located in a county in
7943which the median purchase price for a single-family existing
7944home exceeds the statewide median purchase price of a single-
7945family existing home. For purposes of this subparagraph, the
7946term "statewide median purchase price of a single-family
7947existing home" means the statewide purchase price as determined
7948in the Florida Sales Report, Single-Family Existing Homes,
7949released each January by the Florida Association of Realtors and
7950the University of Florida Real Estate Research Center.
7951     6.8.  An increase in commercial development by 60,000
795255,000 square feet of gross floor area or of parking spaces
7953provided for customers for 425 330 cars or a 10-percent increase
7954of either of these, whichever is greater.
7955     9.  An increase in hotel or motel rooms by 10 percent or 83
7956rooms, whichever is greater.
7957     7.10.  An increase in a recreational vehicle park area by
795810 percent or 110 vehicle spaces, whichever is less.
7959     8.11.  A decrease in the area set aside for open space of 5
7960percent or 20 acres, whichever is less.
7961     9.12.  A proposed increase to an approved multiuse
7962development of regional impact where the sum of the increases of
7963each land use as a percentage of the applicable substantial
7964deviation criteria is equal to or exceeds 110 percent. The
7965percentage of any decrease in the amount of open space shall be
7966treated as an increase for purposes of determining when 110
7967percent has been reached or exceeded.
7968     10.13.  A 15-percent increase in the number of external
7969vehicle trips generated by the development above that which was
7970projected during the original development-of-regional-impact
7971review.
7972     11.14.  Any change which would result in development of any
7973area which was specifically set aside in the application for
7974development approval or in the development order for
7975preservation or special protection of endangered or threatened
7976plants or animals designated as endangered, threatened, or
7977species of special concern and their habitat, any species
7978protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
7979archaeological and historical sites designated as significant by
7980the Division of Historical Resources of the Department of State.
7981The refinement of the boundaries and configuration of such areas
7982shall be considered under sub-subparagraph (e)2.j.
7983
7984The substantial deviation numerical standards in subparagraphs
79853., 6., and 5., 8., 9., and 12., excluding residential uses, and
7986in subparagraph 10. 13., are increased by 100 percent for a
7987project certified under s. 403.973 which creates jobs and meets
7988criteria established by the Office of Tourism, Trade, and
7989Economic Development as to its impact on an area's economy,
7990employment, and prevailing wage and skill levels. The
7991substantial deviation numerical standards in subparagraphs 3.,
79924. 5., 6., 7., 8., 9., 12., and 10. 13. are increased by 50
7993percent for a project located wholly within an urban infill and
7994redevelopment area designated on the applicable adopted local
7995comprehensive plan future land use map and not located within
7996the coastal high hazard area.
7997     (c)  An extension of the date of buildout of a development,
7998or any phase thereof, by more than 7 years is presumed to create
7999a substantial deviation subject to further development-of-
8000regional-impact review.
8001     1.  An extension of the date of buildout, or any phase
8002thereof, of more than 5 years but not more than 7 years is
8003presumed not to create a substantial deviation. The extension of
8004the date of buildout of an areawide development of regional
8005impact by more than 5 years but less than 10 years is presumed
8006not to create a substantial deviation. These presumptions may be
8007rebutted by clear and convincing evidence at the public hearing
8008held by the local government. An extension of 5 years or less is
8009not a substantial deviation.
8010     2.  In recognition of the 2011 real estate market
8011conditions, at the option of the developer, all commencement,
8012phase, buildout, and expiration dates for projects that are
8013currently valid developments of regional impact are extended for
80144 years regardless of any previous extension. Associated
8015mitigation requirements are extended for the same period unless
8016a governmental entity notifies the developer by December 1,
80172011, that it has entered into a contract for construction of a
8018facility with some or all of development's mitigation funds
8019specified in the development order or a written agreement with
8020the developer. The 4-year extension is not a substantial
8021deviation, is not subject to further development-of-regional-
8022impact review, and may not be considered when determining
8023whether a subsequent extension is a substantial deviation under
8024this subsection. The developer must notify the local government
8025in writing by December 31, 2011, in order to receive the 4-year
8026extension.
8027
8028For the purpose of calculating when a buildout or phase date has
8029been exceeded, the time shall be tolled during the pendency of
8030administrative or judicial proceedings relating to development
8031permits. Any extension of the buildout date of a project or a
8032phase thereof shall automatically extend the commencement date
8033of the project, the termination date of the development order,
8034the expiration date of the development of regional impact, and
8035the phases thereof if applicable by a like period of time. In
8036recognition of the 2007 real estate market conditions, all
8037phase, buildout, and expiration dates for projects that are
8038developments of regional impact and under active construction on
8039July 1, 2007, are extended for 3 years regardless of any prior
8040extension. The 3-year extension is not a substantial deviation,
8041is not subject to further development-of-regional-impact review,
8042and may not be considered when determining whether a subsequent
8043extension is a substantial deviation under this subsection.
8044     (e)1.  Except for a development order rendered pursuant to
8045subsection (22) or subsection (25), a proposed change to a
8046development order that individually or cumulatively with any
8047previous change is less than any numerical criterion contained
8048in subparagraphs (b)1.-10.1.-13. and does not exceed any other
8049criterion, or that involves an extension of the buildout date of
8050a development, or any phase thereof, of less than 5 years is not
8051subject to the public hearing requirements of subparagraph
8052(f)3., and is not subject to a determination pursuant to
8053subparagraph (f)5. Notice of the proposed change shall be made
8054to the regional planning council and the state land planning
8055agency. Such notice shall include a description of previous
8056individual changes made to the development, including changes
8057previously approved by the local government, and shall include
8058appropriate amendments to the development order.
8059     2.  The following changes, individually or cumulatively
8060with any previous changes, are not substantial deviations:
8061     a.  Changes in the name of the project, developer, owner,
8062or monitoring official.
8063     b.  Changes to a setback that do not affect noise buffers,
8064environmental protection or mitigation areas, or archaeological
8065or historical resources.
8066     c.  Changes to minimum lot sizes.
8067     d.  Changes in the configuration of internal roads that do
8068not affect external access points.
8069     e.  Changes to the building design or orientation that stay
8070approximately within the approved area designated for such
8071building and parking lot, and which do not affect historical
8072buildings designated as significant by the Division of
8073Historical Resources of the Department of State.
8074     f.  Changes to increase the acreage in the development,
8075provided that no development is proposed on the acreage to be
8076added.
8077     g.  Changes to eliminate an approved land use, provided
8078that there are no additional regional impacts.
8079     h.  Changes required to conform to permits approved by any
8080federal, state, or regional permitting agency, provided that
8081these changes do not create additional regional impacts.
8082     i.  Any renovation or redevelopment of development within a
8083previously approved development of regional impact which does
8084not change land use or increase density or intensity of use.
8085     j.  Changes that modify boundaries and configuration of
8086areas described in subparagraph (b)11.14. due to science-based
8087refinement of such areas by survey, by habitat evaluation, by
8088other recognized assessment methodology, or by an environmental
8089assessment. In order for changes to qualify under this sub-
8090subparagraph, the survey, habitat evaluation, or assessment must
8091occur prior to the time a conservation easement protecting such
8092lands is recorded and must not result in any net decrease in the
8093total acreage of the lands specifically set aside for permanent
8094preservation in the final development order.
8095     k.  Any other change which the state land planning agency,
8096in consultation with the regional planning council, agrees in
8097writing is similar in nature, impact, or character to the
8098changes enumerated in sub-subparagraphs a.-j. and which does not
8099create the likelihood of any additional regional impact.
8100
8101This subsection does not require the filing of a notice of
8102proposed change but shall require an application to the local
8103government to amend the development order in accordance with the
8104local government's procedures for amendment of a development
8105order. In accordance with the local government's procedures,
8106including requirements for notice to the applicant and the
8107public, the local government shall either deny the application
8108for amendment or adopt an amendment to the development order
8109which approves the application with or without conditions.
8110Following adoption, the local government shall render to the
8111state land planning agency the amendment to the development
8112order. The state land planning agency may appeal, pursuant to s.
8113380.07(3), the amendment to the development order if the
8114amendment involves sub-subparagraph g., sub-subparagraph h.,
8115sub-subparagraph j., or sub-subparagraph k., and it believes the
8116change creates a reasonable likelihood of new or additional
8117regional impacts.
8118     3.  Except for the change authorized by sub-subparagraph
81192.f., any addition of land not previously reviewed or any change
8120not specified in paragraph (b) or paragraph (c) shall be
8121presumed to create a substantial deviation. This presumption may
8122be rebutted by clear and convincing evidence.
8123     4.  Any submittal of a proposed change to a previously
8124approved development shall include a description of individual
8125changes previously made to the development, including changes
8126previously approved by the local government. The local
8127government shall consider the previous and current proposed
8128changes in deciding whether such changes cumulatively constitute
8129a substantial deviation requiring further development-of-
8130regional-impact review.
8131     5.  The following changes to an approved development of
8132regional impact shall be presumed to create a substantial
8133deviation. Such presumption may be rebutted by clear and
8134convincing evidence.
8135     a.  A change proposed for 15 percent or more of the acreage
8136to a land use not previously approved in the development order.
8137Changes of less than 15 percent shall be presumed not to create
8138a substantial deviation.
8139     b.  Notwithstanding any provision of paragraph (b) to the
8140contrary, a proposed change consisting of simultaneous increases
8141and decreases of at least two of the uses within an authorized
8142multiuse development of regional impact which was originally
8143approved with three or more uses specified in s. 380.0651(3)(c),
8144(d), (e), and (f) and residential use.
8145     6.  If a local government agrees to a proposed change, a
8146change in the transportation proportionate share calculation and
8147mitigation plan in an adopted development order as a result of
8148recalculation of the proportionate share contribution meeting
8149the requirements of s. 163.3180(5)(h) in effect as of the date
8150of such change shall be presumed not to create a substantial
8151deviation. For purposes of this subsection, the proposed change
8152in the proportionate share calculation or mitigation plan shall
8153not be considered an additional regional transportation impact.
8154     (e)1.  Except for a development order rendered pursuant to
8155subsection (22) or subsection (25), a proposed change to a
8156development order that individually or cumulatively with any
8157previous change is less than any numerical criterion contained
8158in subparagraphs (b)1.-13. and does not exceed any other
8159criterion, or that involves an extension of the buildout date of
8160a development, or any phase thereof, of less than 5 years is not
8161subject to the public hearing requirements of subparagraph
8162(f)3., and is not subject to a determination pursuant to
8163subparagraph (f)5. Notice of the proposed change shall be made
8164to the regional planning council and the state land planning
8165agency. Such notice shall include a description of previous
8166individual changes made to the development, including changes
8167previously approved by the local government, and shall include
8168appropriate amendments to the development order.
8169     2.  The following changes, individually or cumulatively
8170with any previous changes, are not substantial deviations:
8171     a.  Changes in the name of the project, developer, owner,
8172or monitoring official.
8173     b.  Changes to a setback that do not affect noise buffers,
8174environmental protection or mitigation areas, or archaeological
8175or historical resources.
8176     c.  Changes to minimum lot sizes.
8177     d.  Changes in the configuration of internal roads that do
8178not affect external access points.
8179     e.  Changes to the building design or orientation that stay
8180approximately within the approved area designated for such
8181building and parking lot, and which do not affect historical
8182buildings designated as significant by the Division of
8183Historical Resources of the Department of State.
8184     f.  Changes to increase the acreage in the development,
8185provided that no development is proposed on the acreage to be
8186added.
8187     g.  Changes to eliminate an approved land use, provided
8188that there are no additional regional impacts.
8189     h.  Changes required to conform to permits approved by any
8190federal, state, or regional permitting agency, provided that
8191these changes do not create additional regional impacts.
8192     i.  Any renovation or redevelopment of development within a
8193previously approved development of regional impact which does
8194not change land use or increase density or intensity of use.
8195     j.  Changes that modify boundaries and configuration of
8196areas described in subparagraph (b)14. due to science-based
8197refinement of such areas by survey, by habitat evaluation, by
8198other recognized assessment methodology, or by an environmental
8199assessment. In order for changes to qualify under this sub-
8200subparagraph, the survey, habitat evaluation, or assessment must
8201occur prior to the time a conservation easement protecting such
8202lands is recorded and must not result in any net decrease in the
8203total acreage of the lands specifically set aside for permanent
8204preservation in the final development order.
8205     k.  Any other change which the state land planning agency,
8206in consultation with the regional planning council, agrees in
8207writing is similar in nature, impact, or character to the
8208changes enumerated in sub-subparagraphs a.-j. and which does not
8209create the likelihood of any additional regional impact.
8210
8211This subsection does not require the filing of a notice of
8212proposed change but shall require an application to the local
8213government to amend the development order in accordance with the
8214local government's procedures for amendment of a development
8215order. In accordance with the local government's procedures,
8216including requirements for notice to the applicant and the
8217public, the local government shall either deny the application
8218for amendment or adopt an amendment to the development order
8219which approves the application with or without conditions.
8220Following adoption, the local government shall render to the
8221state land planning agency the amendment to the development
8222order. The state land planning agency may appeal, pursuant to s.
8223380.07(3), the amendment to the development order if the
8224amendment involves sub-subparagraph g., sub-subparagraph h.,
8225sub-subparagraph j., or sub-subparagraph k., and it believes the
8226change creates a reasonable likelihood of new or additional
8227regional impacts.
8228     3.  Except for the change authorized by sub-subparagraph
82292.f., any addition of land not previously reviewed or any change
8230not specified in paragraph (b) or paragraph (c) shall be
8231presumed to create a substantial deviation. This presumption may
8232be rebutted by clear and convincing evidence.
8233     4.  Any submittal of a proposed change to a previously
8234approved development shall include a description of individual
8235changes previously made to the development, including changes
8236previously approved by the local government. The local
8237government shall consider the previous and current proposed
8238changes in deciding whether such changes cumulatively constitute
8239a substantial deviation requiring further development-of-
8240regional-impact review.
8241     5.  The following changes to an approved development of
8242regional impact shall be presumed to create a substantial
8243deviation. Such presumption may be rebutted by clear and
8244convincing evidence.
8245     a.  A change proposed for 15 percent or more of the acreage
8246to a land use not previously approved in the development order.
8247Changes of less than 15 percent shall be presumed not to create
8248a substantial deviation.
8249     b.  Notwithstanding any provision of paragraph (b) to the
8250contrary, a proposed change consisting of simultaneous increases
8251and decreases of at least two of the uses within an authorized
8252multiuse development of regional impact which was originally
8253approved with three or more uses specified in s. 380.0651(3)(c),
8254(d), and (e), and (f) and residential use.
8255     (24)  STATUTORY EXEMPTIONS.-
8256     (a)  Any proposed hospital is exempt from the provisions of
8257this section.
8258     (b)  Any proposed electrical transmission line or
8259electrical power plant is exempt from the provisions of this
8260section.
8261     (c)  Any proposed addition to an existing sports facility
8262complex is exempt from the provisions of this section if the
8263addition meets the following characteristics:
8264     1.  It would not operate concurrently with the scheduled
8265hours of operation of the existing facility.
8266     2.  Its seating capacity would be no more than 75 percent
8267of the capacity of the existing facility.
8268     3.  The sports facility complex property is owned by a
8269public body prior to July 1, 1983.
8270
8271This exemption does not apply to any pari-mutuel facility.
8272     (d)  Any proposed addition or cumulative additions
8273subsequent to July 1, 1988, to an existing sports facility
8274complex owned by a state university is exempt if the increased
8275seating capacity of the complex is no more than 30 percent of
8276the capacity of the existing facility.
8277     (e)  Any addition of permanent seats or parking spaces for
8278an existing sports facility located on property owned by a
8279public body prior to July 1, 1973, is exempt from the provisions
8280of this section if future additions do not expand existing
8281permanent seating or parking capacity more than 15 percent
8282annually in excess of the prior year's capacity.
8283     (f)  Any increase in the seating capacity of an existing
8284sports facility having a permanent seating capacity of at least
828550,000 spectators is exempt from the provisions of this section,
8286provided that such an increase does not increase permanent
8287seating capacity by more than 5 percent per year and not to
8288exceed a total of 10 percent in any 5-year period, and provided
8289that the sports facility notifies the appropriate local
8290government within which the facility is located of the increase
8291at least 6 months prior to the initial use of the increased
8292seating, in order to permit the appropriate local government to
8293develop a traffic management plan for the traffic generated by
8294the increase. Any traffic management plan shall be consistent
8295with the local comprehensive plan, the regional policy plan, and
8296the state comprehensive plan.
8297     (g)  Any expansion in the permanent seating capacity or
8298additional improved parking facilities of an existing sports
8299facility is exempt from the provisions of this section, if the
8300following conditions exist:
8301     1.a.  The sports facility had a permanent seating capacity
8302on January 1, 1991, of at least 41,000 spectator seats;
8303     b.  The sum of such expansions in permanent seating
8304capacity does not exceed a total of 10 percent in any 5-year
8305period and does not exceed a cumulative total of 20 percent for
8306any such expansions; or
8307     c.  The increase in additional improved parking facilities
8308is a one-time addition and does not exceed 3,500 parking spaces
8309serving the sports facility; and
8310     2.  The local government having jurisdiction of the sports
8311facility includes in the development order or development permit
8312approving such expansion under this paragraph a finding of fact
8313that the proposed expansion is consistent with the
8314transportation, water, sewer and stormwater drainage provisions
8315of the approved local comprehensive plan and local land
8316development regulations relating to those provisions.
8317
8318Any owner or developer who intends to rely on this statutory
8319exemption shall provide to the department a copy of the local
8320government application for a development permit. Within 45 days
8321of receipt of the application, the department shall render to
8322the local government an advisory and nonbinding opinion, in
8323writing, stating whether, in the department's opinion, the
8324prescribed conditions exist for an exemption under this
8325paragraph. The local government shall render the development
8326order approving each such expansion to the department. The
8327owner, developer, or department may appeal the local government
8328development order pursuant to s. 380.07, within 45 days after
8329the order is rendered. The scope of review shall be limited to
8330the determination of whether the conditions prescribed in this
8331paragraph exist. If any sports facility expansion undergoes
8332development-of-regional-impact review, all previous expansions
8333which were exempt under this paragraph shall be included in the
8334development-of-regional-impact review.
8335     (h)  Expansion to port harbors, spoil disposal sites,
8336navigation channels, turning basins, harbor berths, and other
8337related inwater harbor facilities of ports listed in s.
8338403.021(9)(b), port transportation facilities and projects
8339listed in s. 311.07(3)(b), and intermodal transportation
8340facilities identified pursuant to s. 311.09(3) are exempt from
8341the provisions of this section when such expansions, projects,
8342or facilities are consistent with comprehensive master plans
8343that are in compliance with the provisions of s. 163.3178.
8344     (i)  Any proposed facility for the storage of any petroleum
8345product or any expansion of an existing facility is exempt from
8346the provisions of this section.
8347     (j)  Any renovation or redevelopment within the same land
8348parcel which does not change land use or increase density or
8349intensity of use.
8350     (k)  Waterport and marina development, including dry
8351storage facilities, are exempt from the provisions of this
8352section.
8353     (l)  Any proposed development within an urban service
8354boundary established under s. 163.3177(14), which is not
8355otherwise exempt pursuant to subsection (29), is exempt from the
8356provisions of this section if the local government having
8357jurisdiction over the area where the development is proposed has
8358adopted the urban service boundary, has entered into a binding
8359agreement with jurisdictions that would be impacted and with the
8360Department of Transportation regarding the mitigation of impacts
8361on state and regional transportation facilities, and has adopted
8362a proportionate share methodology pursuant to s. 163.3180(16).
8363     (m)  Any proposed development within a rural land
8364stewardship area created under s. 163.3248 163.3177(11)(d) is
8365exempt from the provisions of this section if the local
8366government that has adopted the rural land stewardship area has
8367entered into a binding agreement with jurisdictions that would
8368be impacted and the Department of Transportation regarding the
8369mitigation of impacts on state and regional transportation
8370facilities, and has adopted a proportionate share methodology
8371pursuant to s. 163.3180(16).
8372     (n)  The establishment, relocation, or expansion of any
8373military installation as defined in s. 163.3175, is exempt from
8374this section.
8375     (o)  Any self-storage warehousing that does not allow
8376retail or other services is exempt from this section.
8377     (p)  Any proposed nursing home or assisted living facility
8378is exempt from this section.
8379     (q)  Any development identified in an airport master plan
8380and adopted into the comprehensive plan pursuant to s.
8381163.3177(6)(k) is exempt from this section.
8382     (r)  Any development identified in a campus master plan and
8383adopted pursuant to s. 1013.30 is exempt from this section.
8384     (s)  Any development in a detailed specific area plan which
8385is prepared and adopted pursuant to s. 163.3245 and adopted into
8386the comprehensive plan is exempt from this section.
8387     (t)  Any proposed solid mineral mine and any proposed
8388addition to, expansion of, or change to an existing solid
8389mineral mine is exempt from this section. Proposed changes to
8390any previously approved solid mineral mine development-of-
8391regional-impact development orders having vested rights is not
8392subject to further review or approval as a development-of-
8393regional-impact or notice-of-proposed-change review or approval
8394pursuant to subsection (19), except for those applications
8395pending as of July 1, 2011, which shall be governed by s.
8396380.115(2). Notwithstanding the foregoing, however, pursuant to
8397s. 380.115(1), previously approved solid mineral mine
8398development-of-regional-impact development orders shall continue
8399to enjoy vested rights and continue to be effective unless
8400rescinded by the developer. All local government regulations of
8401proposed solid mineral mines shall be applicable to any new
8402solid mineral mine or to any proposed addition to, expansion of,
8403or change to an existing solid mineral mine.
8404     (u)  Notwithstanding any provisions in an agreement with or
8405among a local government, regional agency, or the state land
8406planning agency or in a local government's comprehensive plan to
8407the contrary, a project no longer subject to development-of-
8408regional-impact review under revised thresholds is not required
8409to undergo such review.
8410     (v)(t)  Any development within a county with a research and
8411education authority created by special act and that is also
8412within a research and development park that is operated or
8413managed by a research and development authority pursuant to part
8414V of chapter 159 is exempt from this section.
8415
8416If a use is exempt from review as a development of regional
8417impact under paragraphs (a)-(u) (a)-(s), but will be part of a
8418larger project that is subject to review as a development of
8419regional impact, the impact of the exempt use must be included
8420in the review of the larger project, unless such exempt use
8421involves a development of regional impact that includes a
8422landowner, tenant, or user that has entered into a funding
8423agreement with the Office of Tourism, Trade, and Economic
8424Development under the Innovation Incentive Program and the
8425agreement contemplates a state award of at least $50 million.
8426     (28)  PARTIAL STATUTORY EXEMPTIONS.-
8427     (e)  The vesting provision of s. 163.3167(5)(8) relating to
8428an authorized development of regional impact does shall not
8429apply to those projects partially exempt from the development-
8430of-regional-impact review process under paragraphs (a)-(d).
8431     (29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
8432     (a)  The following are exempt from this section:
8433     1.  Any proposed development in a municipality that has an
8434average of at least 1,000 people per square mile of land area
8435and a minimum total population of at least 5,000 qualifies as a
8436dense urban land area as defined in s. 163.3164;
8437     2.  Any proposed development within a county, including the
8438municipalities located in the county, that has an average of at
8439least 1,000 people per square mile of land area qualifies as a
8440dense urban land area as defined in s. 163.3164 and that is
8441located within an urban service area as defined in s. 163.3164
8442which has been adopted into the comprehensive plan; or
8443     3.  Any proposed development within a county, including the
8444municipalities located therein, which has a population of at
8445least 900,000, that has an average of at least 1,000 people per
8446square mile of land area which qualifies as a dense urban land
8447area under s. 163.3164, but which does not have an urban service
8448area designated in the comprehensive plan; or
8449     4.  Any proposed development within a county, including the
8450municipalities located therein, which has a population of at
8451least 1 million and is located within an urban service area as
8452defined in s. 163.3164 which has been adopted into the
8453comprehensive plan.
8454
8455The Office of Economic and Demographic Research within the
8456Legislature shall annually calculate the population and density
8457criteria needed to determine which jurisdictions meet the
8458density criteria in subparagraphs 1.-4. by using the most recent
8459land area data from the decennial census conducted by the Bureau
8460of the Census of the United States Department of Commerce and
8461the latest available population estimates determined pursuant to
8462s. 186.901. If any local government has had an annexation,
8463contraction, or new incorporation, the Office of Economic and
8464Demographic Research shall determine the population density
8465using the new jurisdictional boundaries as recorded in
8466accordance with s. 171.091. The Office of Economic and
8467Demographic Research shall annually submit to the state land
8468planning agency by July 1 a list of jurisdictions that meet the
8469total population and density criteria. The state land planning
8470agency shall publish the list of jurisdictions on its Internet
8471website within 7 days after the list is received. The
8472designation of jurisdictions that meet the criteria of
8473subparagraphs 1.-4. is effective upon publication on the state
8474land planning agency's Internet website. If a municipality that
8475has previously met the criteria no longer meets the criteria,
8476the state land planning agency shall maintain the municipality
8477on the list and indicate the year the jurisdiction last met the
8478criteria. However, any proposed development of regional impact
8479not within the established boundaries of a municipality at the
8480time the municipality last met the criteria must meet the
8481requirements of this section until such time as the municipality
8482as a whole meets the criteria. Any county that meets the
8483criteria shall remain on the list in accordance with the
8484provisions of this paragraph. Any jurisdiction that was placed
8485on the dense urban land area list before the effective date of
8486this act shall remain on the list in accordance with the
8487provisions of this paragraph.
8488     (d)  A development that is located partially outside an
8489area that is exempt from the development-of-regional-impact
8490program must undergo development-of-regional-impact review
8491pursuant to this section. However, if the total acreage that is
8492included within the area exempt from development-of-regional-
8493impact review exceeds 85 percent of the total acreage and square
8494footage of the approved development of regional impact, the  
8495development-of-regional-impact development order may be
8496rescinded in both local governments pursuant to s. 380.115(1),
8497unless the portion of the development outside the exempt area
8498meets the threshold criteria of a development-of-regional-
8499impact.
8500     (e)  In an area that is exempt under paragraphs (a)-(c),
8501any previously approved development-of-regional-impact
8502development orders shall continue to be effective, but the
8503developer has the option to be governed by s. 380.115(1). A
8504pending application for development approval shall be governed
8505by s. 380.115(2). A development that has a pending application
8506for a comprehensive plan amendment and that elects not to
8507continue development-of-regional-impact review is exempt from
8508the limitation on plan amendments set forth in s. 163.3187(1)
8509for 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
8514be applied in the manner described in s. 380.06(2) to determine
8515whether the following developments shall be required to undergo
8516development-of-regional-impact review:
8517     (a)  Airports.-
8518     1.  Any of the following airport construction projects
8519shall be a development of regional impact:
8520     a.  A new commercial service or general aviation airport
8521with paved runways.
8522     b.  A new commercial service or general aviation paved
8523runway.
8524     c.  A new passenger terminal facility.
8525     2.  Lengthening of an existing runway by 25 percent or an
8526increase in the number of gates by 25 percent or three gates,
8527whichever is greater, on a commercial service airport or a
8528general aviation airport with regularly scheduled flights is a
8529development of regional impact. However, expansion of existing
8530terminal facilities at a nonhub or small hub commercial service
8531airport shall not be a development of regional impact.
8532     3.  Any airport development project which is proposed for
8533safety, repair, or maintenance reasons alone and would not have
8534the potential to increase or change existing types of aircraft
8535activity is not a development of regional impact.
8536Notwithstanding subparagraphs 1. and 2., renovation,
8537modernization, or replacement of airport airside or terminal
8538facilities that may include increases in square footage of such
8539facilities but does not increase the number of gates or change
8540the existing types of aircraft activity is not a development of
8541regional impact.
8542     (b)  Attractions and recreation facilities.-Any sports,
8543entertainment, amusement, or recreation facility, including, but
8544not limited to, a sports arena, stadium, racetrack, tourist
8545attraction, amusement park, or pari-mutuel facility, the
8546construction 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
8550spectators.
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
8554spectators.
8555
8556For purposes of this subsection, "serial performance facilities"
8557means those using their parking areas or permanent seating more
8558than one time per day on a regular or continuous basis.
8559     3.  For multiscreen movie theaters of at least 8 screens
8560and 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
8563spectators.
8564     (c)  Industrial plants, industrial parks, and distribution,
8565warehousing or wholesaling facilities.-Any proposed industrial,
8566manufacturing, or processing plant, or distribution,
8567warehousing, or wholesaling facility, excluding wholesaling
8568developments which deal primarily with the general public
8569onsite, under common ownership, or any proposed industrial,
8570manufacturing, or processing activity or distribution,
8571warehousing, or wholesaling activity, excluding wholesaling
8572activities which deal primarily with the general public onsite,
8573which:
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
8577park operated under common ownership, development plan, or
8578management that:
8579     1.  Encompasses 300,000 or more square feet of gross floor
8580area; or
8581     2.  Encompasses more than 600,000 square feet of gross
8582floor area in a county with a population greater than 500,000
8583and only in a geographic area specifically designated as highly
8584suitable for increased threshold intensity in the approved local
8585comprehensive plan.
8586     (d)(e)  Retail and service development.-Any proposed
8587retail, service, or wholesale business establishment or group of
8588establishments which deals primarily with the general public
8589onsite, operated under one common property ownership,
8590development plan, or management that:
8591     1.  Encompasses more than 400,000 square feet of gross
8592area; 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
8596to create or accommodate 350 or more units; or
8597     2.  Any proposed hotel or motel development that is planned
8598to create or accommodate 750 or more units, in a county with a
8599population greater than 500,000.
8600     (e)(g)  Recreational vehicle development.-Any proposed
8601recreational vehicle development planned to create or
8602accommodate 500 or more spaces.
8603     (f)(h)  Multiuse development.-Any proposed development with
8604two or more land uses where the sum of the percentages of the
8605appropriate thresholds identified in chapter 28-24, Florida
8606Administrative Code, or this section for each land use in the
8607development is equal to or greater than 145 percent. Any
8608proposed development with three or more land uses, one of which
8609is residential and contains at least 100 dwelling units or 15
8610percent of the applicable residential threshold, whichever is
8611greater, where the sum of the percentages of the appropriate
8612thresholds identified in chapter 28-24, Florida Administrative
8613Code, or this section for each land use in the development is
8614equal to or greater than 160 percent. This threshold is in
8615addition to, and does not preclude, a development from being
8616required to undergo development-of-regional-impact review under
8617any other threshold.
8618     (g)(i)  Residential development.-No rule may be adopted
8619concerning residential developments which treats a residential
8620development in one county as being located in a less populated
8621adjacent county unless more than 25 percent of the development
8622is located within 2 or less miles of the less populated adjacent
8623county. The residential thresholds of adjacent counties with
8624less population and a lower threshold shall not be controlling
8625on any development wholly located within areas designated as
8626rural areas of critical economic concern.
8627     (h)(j)  Workforce housing.-The applicable guidelines for
8628residential development and the residential component for
8629multiuse development shall be increased by 50 percent where the
8630developer demonstrates that at least 15 percent of the total
8631residential dwelling units authorized within the development of
8632regional impact will be dedicated to affordable workforce
8633housing, subject to a recorded land use restriction that shall
8634be for a period of not less than 20 years and that includes
8635resale provisions to ensure long-term affordability for income-
8636eligible homeowners and renters and provisions for the workforce
8637housing to be commenced prior to the completion of 50 percent of
8638the market rate dwelling. For purposes of this paragraph, the
8639term "affordable workforce housing" means housing that is
8640affordable to a person who earns less than 120 percent of the
8641area median income, or less than 140 percent of the area median
8642income if located in a county in which the median purchase price
8643for a single-family existing home exceeds the statewide median
8644purchase price of a single-family existing home. For the
8645purposes of this paragraph, the term "statewide median purchase
8646price of a single-family existing home" means the statewide
8647purchase price as determined in the Florida Sales Report,
8648Single-Family Existing Homes, released each January by the
8649Florida Association of Realtors and the University of Florida
8650Real Estate Research Center.
8651     (i)(k)  Schools.-
8652     1.  The proposed construction of any public, private, or
8653proprietary postsecondary educational campus which provides for
8654a design population of more than 5,000 full-time equivalent
8655students, or the proposed physical expansion of any public,
8656private, or proprietary postsecondary educational campus having
8657such a design population that would increase the population by
8658at least 20 percent of the design population.
8659     2.  As used in this paragraph, "full-time equivalent
8660student" means enrollment for 15 or more quarter hours during a
8661single academic semester. In career centers or other
8662institutions which do not employ semester hours or quarter hours
8663in accounting for student participation, enrollment for 18
8664contact hours shall be considered equivalent to one quarter
8665hour, and enrollment for 27 contact hours shall be considered
8666equivalent to one semester hour.
8667     3.  This paragraph does not apply to institutions which are
8668the subject of a campus master plan adopted by the university
8669board of trustees pursuant to s. 1013.30.
8670     (4)  Two or more developments, represented by their owners
8671or developers to be separate developments, shall be aggregated
8672and treated as a single development under this chapter when they
8673are determined to be part of a unified plan of development and
8674are physically proximate to one other.
8675     (a)  The criteria of three two of the following
8676subparagraphs must be met in order for the state land planning
8677agency to determine that there is a unified plan of development:
8678     1.a.  The same person has retained or shared control of the
8679developments;
8680     b.  The same person has ownership or a significant legal or
8681equitable interest in the developments; or
8682     c.  There is common management of the developments
8683controlling the form of physical development or disposition of
8684parcels of the development.
8685     2.  There is a reasonable closeness in time between the
8686completion of 80 percent or less of one development and the
8687submission to a governmental agency of a master plan or series
8688of plans or drawings for the other development which is
8689indicative of a common development effort.
8690     3.  A master plan or series of plans or drawings exists
8691covering the developments sought to be aggregated which have
8692been submitted to a local general-purpose government, water
8693management district, the Florida Department of Environmental
8694Protection, or the Division of Florida Condominiums, Timeshares,
8695and Mobile Homes for authorization to commence development. The
8696existence or implementation of a utility's master utility plan
8697required by the Public Service Commission or general-purpose
8698local government or a master drainage plan shall not be the sole
8699determinant of the existence of a master plan.
8700     4.  The voluntary sharing of infrastructure that is
8701indicative of a common development effort or is designated
8702specifically to accommodate the developments sought to be
8703aggregated, except that which was implemented because it was
8704required by a local general-purpose government; water management
8705district; the Department of Environmental Protection; the
8706Division of Florida Condominiums, Timeshares, and Mobile Homes;
8707or the Public Service Commission.
8708     4.5.  There is a common advertising scheme or promotional
8709plan in effect for the developments sought to be aggregated.
8710     Section 57.  Subsection (17) of section 331.303, Florida
8711Statutes, is amended to read:
8712     331.303  Definitions.-
8713     (17)  "Spaceport launch facilities" means industrial
8714facilities as described in s. 380.0651(3)(c), Florida Statutes
87152010, and include any launch pad, launch control center, and
8716fixed launch-support equipment.
8717     Section 58.  Subsection (1) of section 380.115, Florida
8718Statutes, is amended to read:
8719     380.115  Vested rights and duties; effect of size
8720reduction, changes in guidelines and standards.-
8721     (1)  A change in a development-of-regional-impact guideline
8722and standard does not abridge or modify any vested or other
8723right or any duty or obligation pursuant to any development
8724order or agreement that is applicable to a development of
8725regional impact. A development that has received a development-
8726of-regional-impact development order pursuant to s. 380.06, but
8727is no longer required to undergo development-of-regional-impact
8728review by operation of a change in the guidelines and standards
8729or has reduced its size below the thresholds in s. 380.0651, or
8730a development that is exempt pursuant to s. 380.06(29) shall be
8731governed by the following procedures:
8732     (a)  The development shall continue to be governed by the
8733development-of-regional-impact development order and may be
8734completed in reliance upon and pursuant to the development order
8735unless the developer or landowner has followed the procedures
8736for rescission in paragraph (b). Any proposed changes to those
8737developments which continue to be governed by a development
8738order shall be approved pursuant to s. 380.06(19) as it existed
8739prior to a change in the development-of-regional-impact
8740guidelines and standards, except that all percentage criteria
8741shall be doubled and all other criteria shall be increased by 10
8742percent. The development-of-regional-impact development order
8743may be enforced by the local government as provided by ss.
8744380.06(17) and 380.11.
8745     (b)  If requested by the developer or landowner, the
8746development-of-regional-impact development order shall be
8747rescinded by the local government having jurisdiction upon a
8748showing that all required mitigation related to the amount of
8749development that existed on the date of rescission has been
8750completed.
8751     Section 59.  Paragraph (a) of subsection (8) of section
8752380.061, Florida Statutes, is amended to read:
8753     380.061  The Florida Quality Developments program.-
8754     (8)(a)  Any local government comprehensive plan amendments
8755related to a Florida Quality Development may be initiated by a
8756local planning agency and considered by the local governing body
8757at the same time as the application for development approval,
8758using the procedures provided for local plan amendment in s.
8759163.3187 or s. 163.3189 and applicable local ordinances, without
8760regard to statutory or local ordinance limits on the frequency
8761of consideration of amendments to the local comprehensive plan.
8762Nothing in this subsection shall be construed to require
8763favorable consideration of a Florida Quality Development solely
8764because 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
8768development.-
8769     (2)  When a petition is filed, the state land planning
8770agency shall have no more than 90 days to prepare and submit to
8771the Administration Commission a report and recommendations on
8772the proposed certification. In deciding whether to grant
8773certification, the Administration Commission shall determine
8774whether the following criteria are being met:
8775     (a)  The petitioning local government has adopted and
8776effectively implemented a local comprehensive plan and
8777development regulations which comply with ss. 163.3161-163.3215,
8778the Community Local Government Comprehensive Planning and Land
8779Development Regulation Act.
8780     (10)  The department shall submit an annual progress report
8781to the President of the Senate and the Speaker of the House of
8782Representatives by March 1 on the certification of local
8783governments, stating which local governments have been
8784certified. For those local governments which have applied for
8785certification but for which certification has been denied, the
8786department shall specify the reasons certification was denied.
8787     Section 61.  Section 380.0685, Florida Statutes, is amended
8788to read:
8789     380.0685  State park in area of critical state concern in
8790county which creates land authority; surcharge on admission and
8791overnight occupancy.-The Department of Environmental Protection
8792shall impose and collect a surcharge of 50 cents per person per
8793day, or $5 per annual family auto entrance permit, on admission
8794to all state parks in areas of critical state concern located in
8795a county which creates a land authority pursuant to s.
8796380.0663(1), and a surcharge of $2.50 per night per campsite,
8797cabin, or other overnight recreational occupancy unit in state
8798parks in areas of critical state concern located in a county
8799which creates a land authority pursuant to s. 380.0663(1);
8800however, no surcharge shall be imposed or collected under this
8801section for overnight use by nonprofit groups of organized group
8802camps, primitive camping areas, or other facilities intended
8803primarily for organized group use. Such surcharges shall be
8804imposed within 90 days after any county creating a land
8805authority notifies the Department of Environmental Protection
8806that the land authority has been created. The proceeds from such
8807surcharges, less a collection fee that shall be kept by the
8808Department of Environmental Protection for the actual cost of
8809collection, not to exceed 2 percent, shall be transmitted to the
8810land authority of the county from which the revenue was
8811generated. Such funds shall be used to purchase property in the
8812area or areas of critical state concern in the county from which
8813the revenue was generated. An amount not to exceed 10 percent
8814may be used for administration and other costs incident to such
8815purchases. However, the proceeds of the surcharges imposed and
8816collected pursuant to this section in a state park or parks
8817located wholly within a municipality, less the costs of
8818collection as provided herein, shall be transmitted to that
8819municipality for use by the municipality for land acquisition or
8820for beach renourishment or restoration, including, but not
8821limited to, costs associated with any design, permitting,
8822monitoring, and mitigation of such work, as well as the work
8823itself. However, these funds may not be included in any
8824calculation used for providing state matching funds for local
8825contributions for beach renourishment or restoration. The
8826surcharges levied under this section shall remain imposed as
8827long as the land authority is in existence.
8828     Section 62.  Subsection (3) of section 380.115, Florida
8829Statutes, is amended to read:
8830     380.115  Vested rights and duties; effect of size
8831reduction, changes in guidelines and standards.-
8832     (3)  A landowner that has filed an application for a
8833development-of-regional-impact review prior to the adoption of a
8834an optional sector plan pursuant to s. 163.3245 may elect to
8835have the application reviewed pursuant to s. 380.06,
8836comprehensive plan provisions in force prior to adoption of the
8837sector plan, and any requested comprehensive plan amendments
8838that accompany the application.
8839     Section 63.  Subsection (1) of section 403.50665, Florida
8840Statutes, is amended to read:
8841     403.50665  Land use consistency.-
8842     (1)  The applicant shall include in the application a
8843statement on the consistency of the site and any associated
8844facilities that constitute a "development," as defined in s.
8845380.04, with existing land use plans and zoning ordinances that
8846were in effect on the date the application was filed and a full
8847description of such consistency. This information shall include
8848an identification of those associated facilities that the
8849applicant believes are exempt from the requirements of land use
8850plans and zoning ordinances under the provisions of the
8851Community Local Government Comprehensive Planning and Land
8852Development Regulation Act provisions of chapter 163 and s.
8853380.04(3).
8854     Section 64.  Subsection (13) and paragraph (a) of
8855subsection (14) of section 403.973, Florida Statutes, are
8856amended to read:
8857     403.973  Expedited permitting; amendments to comprehensive
8858plans.-
8859     (13)  Notwithstanding any other provisions of law:
8860     (a)  Local comprehensive plan amendments for projects
8861qualified under this section are exempt from the twice-a-year
8862limits provision in s. 163.3187; and
8863     (b)  Projects qualified under this section are not subject
8864to interstate highway level-of-service standards adopted by the
8865Department of Transportation for concurrency purposes. The
8866memorandum of agreement specified in subsection (5) must include
8867a process by which the applicant will be assessed a fair share
8868of the cost of mitigating the project's significant traffic
8869impacts, as defined in chapter 380 and related rules. The
8870agreement must also specify whether the significant traffic
8871impacts on the interstate system will be mitigated through the
8872implementation of a project or payment of funds to the
8873Department of Transportation. Where funds are paid, the
8874Department of Transportation must include in the 5-year work
8875program transportation projects or project phases, in an amount
8876equal to the funds received, to mitigate the traffic impacts
8877associated with the proposed project.
8878     (14)(a)  Challenges to state agency action in the expedited
8879permitting process for projects processed under this section are
8880subject to the summary hearing provisions of s. 120.574, except
8881that the administrative law judge's decision, as provided in s.
8882120.574(2)(f), shall be in the form of a recommended order and
8883do shall not constitute the final action of the state agency. In
8884those proceedings where the action of only one agency of the
8885state other than the Department of Environmental Protection is
8886challenged, the agency of the state shall issue the final order
8887within 45 working days after receipt of the administrative law
8888judge's recommended order, and the recommended order shall
8889inform the parties of their right to file exceptions or
8890responses to the recommended order in accordance with the
8891uniform rules of procedure pursuant to s. 120.54. In those
8892proceedings where the actions of more than one agency of the
8893state are challenged, the Governor shall issue the final order
8894within 45 working days after receipt of the administrative law
8895judge's recommended order, and the recommended order shall
8896inform the parties of their right to file exceptions or
8897responses to the recommended order in accordance with the
8898uniform rules of procedure pursuant to s. 120.54. This paragraph
8899does not apply to the issuance of department licenses required
8900under any federally delegated or approved permit program. In
8901such instances, the department shall enter the final order. The
8902participating agencies of the state may opt at the preliminary
8903hearing conference to allow the administrative law judge's
8904decision to constitute the final agency action. If a
8905participating local government agrees to participate in the
8906summary hearing provisions of s. 120.574 for purposes of review
8907of local government comprehensive plan amendments, s.
8908163.3184(9) and (10) apply.
8909     Section 65.  Subsections (9) and (10) of section 420.5095,
8910Florida Statutes, are amended to read:
8911     420.5095  Community Workforce Housing Innovation Pilot
8912Program.-
8913     (9)  Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any
8914local government comprehensive plan amendment to implement a
8915Community Workforce Housing Innovation Pilot Program project
8916found consistent with the provisions of this section shall be
8917expedited as provided in this subsection. At least 30 days prior
8918to adopting a plan amendment under this subsection, the local
8919government shall notify the state land planning agency of its
8920intent to adopt such an amendment, and the notice shall include
8921its evaluation related to site suitability and availability of
8922facilities and services. The public notice of the hearing
8923required by s. 163.3184(11)(15)(b)2. shall include a statement
8924that the local government intends to use the expedited adoption
8925process authorized by this subsection. Such amendments shall
8926require only a single public hearing before the governing board,
8927which shall be an adoption hearing as described in s.
8928163.3184(4)(e)(7). The state land planning agency shall issue
8929its notice of intent pursuant to s. 163.3184(8) within 30 days
8930after determining that the amendment package is complete. Any
8931further proceedings shall be governed by s. ss. 163.3184(5)-
8932(13)(9)-(16). Amendments proposed under this section are not
8933subject to s. 163.3187(1), which limits the adoption of a
8934comprehensive plan amendment to no more than two times during
8935any calendar year.
8936     (10)  The processing of approvals of development orders or
8937development permits, as defined in s. 163.3164(7) and (8), for
8938innovative community workforce housing projects shall be
8939expedited.
8940     Section 66.  Subsection (5) of section 420.615, Florida
8941Statutes, is amended to read:
8942     420.615  Affordable housing land donation density bonus
8943incentives.-
8944     (5)  The local government, as part of the approval process,
8945shall adopt a comprehensive plan amendment, pursuant to part II
8946of chapter 163, for the receiving land that incorporates the
8947density bonus. Such amendment shall be adopted in the manner as
8948required for small-scale amendments pursuant to s. 163.3187, is
8949not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
8950and is exempt from the limitation on the frequency of plan
8951amendments as provided in s. 163.3187.
8952     Section 67.  Subsection (16) of section 420.9071, Florida
8953Statutes, is amended to read:
8954     420.9071  Definitions.-As used in ss. 420.907-420.9079, the
8955term:
8956     (16)  "Local housing incentive strategies" means local
8957regulatory reform or incentive programs to encourage or
8958facilitate affordable housing production, which include at a
8959minimum, assurance that permits as defined in s. 163.3164(7) and
8960(8) for affordable housing projects are expedited to a greater
8961degree than other projects; an ongoing process for review of
8962local policies, ordinances, regulations, and plan provisions
8963that increase the cost of housing prior to their adoption; and a
8964schedule for implementing the incentive strategies. Local
8965housing incentive strategies may also include other regulatory
8966reforms, such as those enumerated in s. 420.9076 or those
8967recommended by the affordable housing advisory committee in its
8968triennial evaluation of the implementation of affordable housing
8969incentives, and adopted by the local governing body.
8970     Section 68.  Paragraph (a) of subsection (4) of section
8971420.9076, Florida Statutes, is amended to read:
8972     420.9076  Adoption of affordable housing incentive
8973strategies; committees.-
8974     (4)  Triennially, the advisory committee shall review the
8975established policies and procedures, ordinances, land
8976development regulations, and adopted local government
8977comprehensive plan of the appointing local government and shall
8978recommend specific actions or initiatives to encourage or
8979facilitate affordable housing while protecting the ability of
8980the property to appreciate in value. The recommendations may
8981include the modification or repeal of existing policies,
8982procedures, ordinances, regulations, or plan provisions; the
8983creation of exceptions applicable to affordable housing; or the
8984adoption of new policies, procedures, regulations, ordinances,
8985or plan provisions, including recommendations to amend the local
8986government comprehensive plan and corresponding regulations,
8987ordinances, and other policies. At a minimum, each advisory
8988committee shall submit a report to the local governing body that
8989includes recommendations on, and triennially thereafter
8990evaluates the implementation of, affordable housing incentives
8991in the following areas:
8992     (a)  The processing of approvals of development orders or
8993permits, as defined in s. 163.3164(7) and (8), for affordable
8994housing projects is expedited to a greater degree than other
8995projects.
8996
8997The advisory committee recommendations may also include other
8998affordable housing incentives identified by the advisory
8999committee. Local governments that receive the minimum allocation
9000under the State Housing Initiatives Partnership Program shall
9001perform the initial review but may elect to not perform the
9002triennial review.
9003     Section 69.  Subsection (1) of section 720.403, Florida
9004Statutes, is amended to read:
9005     720.403  Preservation of residential communities; revival
9006of declaration of covenants.-
9007     (1)  Consistent with required and optional elements of
9008local comprehensive plans and other applicable provisions of the
9009Community Local Government Comprehensive Planning and Land
9010Development Regulation Act, homeowners are encouraged to
9011preserve existing residential communities, promote available and
9012affordable housing, protect structural and aesthetic elements of
9013their residential community, and, as applicable, maintain roads
9014and streets, easements, water and sewer systems, utilities,
9015drainage improvements, conservation and open areas, recreational
9016amenities, and other infrastructure and common areas that serve
9017and support the residential community by the revival of a
9018previous declaration of covenants and other governing documents
9019that may have ceased to govern some or all parcels in the
9020community.
9021     Section 70.  Subsection (6) of section 1013.30, Florida
9022Statutes, is amended to read:
9023     1013.30  University campus master plans and campus
9024development agreements.-
9025     (6)  Before a campus master plan is adopted, a copy of the
9026draft master plan must be sent for review or made available
9027electronically to the host and any affected local governments,
9028the state land planning agency, the Department of Environmental
9029Protection, the Department of Transportation, the Department of
9030State, the Fish and Wildlife Conservation Commission, and the
9031applicable water management district and regional planning
9032council. At the request of a governmental entity, a hard copy of
9033the draft master plan shall be submitted within 7 business days
9034of an electronic copy being made available. These agencies must
9035be given 90 days after receipt of the campus master plans in
9036which to conduct their review and provide comments to the
9037university board of trustees. The commencement of this review
9038period must be advertised in newspapers of general circulation
9039within the host local government and any affected local
9040government to allow for public comment. Following receipt and
9041consideration of all comments and the holding of an informal
9042information session and at least two public hearings within the
9043host jurisdiction, the university board of trustees shall adopt
9044the campus master plan. It is the intent of the Legislature that
9045the university board of trustees comply with the notice
9046requirements set forth in s. 163.3184(11)(15) to ensure full
9047public participation in this planning process. The informal
9048public information session must be held before the first public
9049hearing. The first public hearing shall be held before the draft
9050master plan is sent to the agencies specified in this
9051subsection. The second public hearing shall be held in
9052conjunction with the adoption of the draft master plan by the
9053university board of trustees. Campus master plans developed
9054under this section are not rules and are not subject to chapter
9055120 except as otherwise provided in this section.
9056     Section 71.  Section 1013.33, Florida Statutes, are amended
9057to read:
9058     1013.33  Coordination of planning with local governing
9059bodies.-
9060     (1)  It is the policy of this state to require the
9061coordination of planning between boards and local governing
9062bodies to ensure that plans for the construction and opening of
9063public educational facilities are facilitated and coordinated in
9064time and place with plans for residential development,
9065concurrently with other necessary services. Such planning shall
9066include the integration of the educational facilities plan and
9067applicable policies and procedures of a board with the local
9068comprehensive plan and land development regulations of local
9069governments. The planning must include the consideration of
9070allowing students to attend the school located nearest their
9071homes when a new housing development is constructed near a
9072county boundary and it is more feasible to transport the
9073students a short distance to an existing facility in an adjacent
9074county than to construct a new facility or transport students
9075longer distances in their county of residence. The planning must
9076also consider the effects of the location of public education
9077facilities, including the feasibility of keeping central city
9078facilities viable, in order to encourage central city
9079redevelopment and the efficient use of infrastructure and to
9080discourage uncontrolled urban sprawl. In addition, all parties
9081to the planning process must consult with state and local road
9082departments to assist in implementing the Safe Paths to Schools
9083program administered by the Department of Transportation.
9084     (2)(a)  The school board, county, and nonexempt
9085municipalities located within the geographic area of a school
9086district shall enter into an interlocal agreement that jointly
9087establishes the specific ways in which the plans and processes
9088of the district school board and the local governments are to be
9089coordinated. The interlocal agreements shall be submitted to the
9090state land planning agency and the Office of Educational
9091Facilities in accordance with a schedule published by the state
9092land planning agency.
9093     (b)  The schedule must establish staggered due dates for
9094submission of interlocal agreements that are executed by both
9095the local government and district school board, commencing on
9096March 1, 2003, and concluding by December 1, 2004, and must set
9097the same date for all governmental entities within a school
9098district. However, if the county where the school district is
9099located contains more than 20 municipalities, the state land
9100planning agency may establish staggered due dates for the
9101submission of interlocal agreements by these municipalities. The
9102schedule must begin with those areas where both the number of
9103districtwide capital-outlay full-time-equivalent students equals
910480 percent or more of the current year's school capacity and the
9105projected 5-year student growth rate is 1,000 or greater, or
9106where the projected 5-year student growth rate is 10 percent or
9107greater.
9108     (c)  If the student population has declined over the 5-year
9109period preceding the due date for submittal of an interlocal
9110agreement by the local government and the district school board,
9111the local government and district school board may petition the
9112state land planning agency for a waiver of one or more of the
9113requirements of subsection (3). The waiver must be granted if
9114the procedures called for in subsection (3) are unnecessary
9115because of the school district's declining school age
9116population, considering the district's 5-year work program
9117prepared pursuant to s. 1013.35. The state land planning agency
9118may modify or revoke the waiver upon a finding that the
9119conditions upon which the waiver was granted no longer exist.
9120The district school board and local governments must submit an
9121interlocal agreement within 1 year after notification by the
9122state land planning agency that the conditions for a waiver no
9123longer exist.
9124     (d)  Interlocal agreements between local governments and
9125district school boards adopted pursuant to s. 163.3177 before
9126the effective date of subsections (2)-(7) (2)-(9) must be
9127updated and executed pursuant to the requirements of subsections
9128(2)-(7) (2)-(9), if necessary. Amendments to interlocal
9129agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
9130be submitted to the state land planning agency within 30 days
9131after execution by the parties for review consistent with
9132subsections (3) and (4). Local governments and the district
9133school board in each school district are encouraged to adopt a
9134single interlocal agreement in which all join as parties. The
9135state land planning agency shall assemble and make available
9136model interlocal agreements meeting the requirements of
9137subsections (2)-(7) (2)-(9) and shall notify local governments
9138and, jointly with the Department of Education, the district
9139school boards of the requirements of subsections (2)-(7) (2)-
9140(9), the dates for compliance, and the sanctions for
9141noncompliance. The state land planning agency shall be available
9142to informally review proposed interlocal agreements. If the
9143state land planning agency has not received a proposed
9144interlocal agreement for informal review, the state land
9145planning agency shall, at least 60 days before the deadline for
9146submission of the executed agreement, renotify the local
9147government and the district school board of the upcoming
9148deadline and the potential for sanctions.
9149     (3)  At a minimum, the interlocal agreement must address
9150interlocal agreement requirements in s. 163.31777 and, if
9151applicable, s. 163.3180(6)(13)(g), except for exempt local
9152governments as provided in s. 163.3177(12), and must address the
9153following issues:
9154     (a)  A process by which each local government and the
9155district school board agree and base their plans on consistent
9156projections of the amount, type, and distribution of population
9157growth and student enrollment. The geographic distribution of
9158jurisdiction-wide growth forecasts is a major objective of the
9159process.
9160     (b)  A process to coordinate and share information relating
9161to existing and planned public school facilities, including
9162school renovations and closures, and local government plans for
9163development and redevelopment.
9164     (c)  Participation by affected local governments with the
9165district school board in the process of evaluating potential
9166school closures, significant renovations to existing schools,
9167and new school site selection before land acquisition. Local
9168governments shall advise the district school board as to the
9169consistency of the proposed closure, renovation, or new site
9170with the local comprehensive plan, including appropriate
9171circumstances and criteria under which a district school board
9172may request an amendment to the comprehensive plan for school
9173siting.
9174     (d)  A process for determining the need for and timing of
9175onsite and offsite improvements to support new construction,
9176proposed expansion, or redevelopment of existing schools. The
9177process shall address identification of the party or parties
9178responsible for the improvements.
9179     (e)  A process for the school board to inform the local
9180government regarding the effect of comprehensive plan amendments
9181on school capacity. The capacity reporting must be consistent
9182with laws and rules regarding measurement of school facility
9183capacity and must also identify how the district school board
9184will meet the public school demand based on the facilities work
9185program adopted pursuant to s. 1013.35.
9186     (f)  Participation of the local governments in the
9187preparation of the annual update to the school board's 5-year
9188district facilities work program and educational plant survey
9189prepared pursuant to s. 1013.35.
9190     (g)  A process for determining where and how joint use of
9191either school board or local government facilities can be shared
9192for mutual benefit and efficiency.
9193     (h)  A procedure for the resolution of disputes between the
9194district school board and local governments, which may include
9195the dispute resolution processes contained in chapters 164 and
9196186.
9197     (i)  An oversight process, including an opportunity for
9198public participation, for the implementation of the interlocal
9199agreement.
9200     (4)(a)  The Office of Educational Facilities shall submit
9201any comments or concerns regarding the executed interlocal
9202agreement to the state land planning agency within 30 days after
9203receipt of the executed interlocal agreement. The state land
9204planning agency shall review the executed interlocal agreement
9205to determine whether it is consistent with the requirements of
9206subsection (3), the adopted local government comprehensive plan,
9207and other requirements of law. Within 60 days after receipt of
9208an executed interlocal agreement, the state land planning agency
9209shall publish a notice of intent in the Florida Administrative
9210Weekly and shall post a copy of the notice on the agency's
9211Internet site. The notice of intent must state that the
9212interlocal agreement is consistent or inconsistent with the
9213requirements of subsection (3) and this subsection as
9214appropriate.
9215     (b)  The state land planning agency's notice is subject to
9216challenge under chapter 120; however, an affected person, as
9217defined in s. 163.3184(1)(a), has standing to initiate the
9218administrative proceeding, and this proceeding is the sole means
9219available to challenge the consistency of an interlocal
9220agreement required by this section with the criteria contained
9221in subsection (3) and this subsection. In order to have
9222standing, each person must have submitted oral or written
9223comments, recommendations, or objections to the local government
9224or the school board before the adoption of the interlocal
9225agreement by the district school board and local government. The
9226district school board and local governments are parties to any
9227such proceeding. In this proceeding, when the state land
9228planning agency finds the interlocal agreement to be consistent
9229with the criteria in subsection (3) and this subsection, the
9230interlocal agreement must be determined to be consistent with
9231subsection (3) and this subsection if the local government's and
9232school board's determination of consistency is fairly debatable.
9233When the state land planning agency finds the interlocal
9234agreement to be inconsistent with the requirements of subsection
9235(3) and this subsection, the local government's and school
9236board's determination of consistency shall be sustained unless
9237it is shown by a preponderance of the evidence that the
9238interlocal agreement is inconsistent.
9239     (c)  If the state land planning agency enters a final order
9240that finds that the interlocal agreement is inconsistent with
9241the requirements of subsection (3) or this subsection, the state
9242land planning agency shall forward it to the Administration
9243Commission, which may impose sanctions against the local
9244government pursuant to s. 163.3184(11) and may impose sanctions
9245against the district school board by directing the Department of
9246Education to withhold an equivalent amount of funds for school
9247construction available pursuant to ss. 1013.65, 1013.68,
92481013.70, and 1013.72.
9249     (5)  If an executed interlocal agreement is not timely
9250submitted to the state land planning agency for review, the
9251state land planning agency shall, within 15 working days after
9252the deadline for submittal, issue to the local government and
9253the district school board a notice to show cause why sanctions
9254should not be imposed for failure to submit an executed
9255interlocal agreement by the deadline established by the agency.
9256The agency shall forward the notice and the responses to the
9257Administration Commission, which may enter a final order citing
9258the failure to comply and imposing sanctions against the local
9259government and district school board by directing the
9260appropriate agencies to withhold at least 5 percent of state
9261funds pursuant to s. 163.3184(11) and by directing the
9262Department of Education to withhold from the district school
9263board at least 5 percent of funds for school construction
9264available pursuant to ss. 1013.65, 1013.68, 1013.70, and
92651013.72.
9266     (6)  Any local government transmitting a public school
9267element to implement school concurrency pursuant to the
9268requirements of s. 163.3180 before the effective date of this
9269section is not required to amend the element or any interlocal
9270agreement to conform with the provisions of subsections (2)-(6)
9271(2)-(8) if the element is adopted prior to or within 1 year
9272after the effective date of subsections (2)-(6) (2)-(8) and
9273remains in effect.
9274     (7)  Except as provided in subsection (8), municipalities
9275meeting the exemption criteria in s. 163.3177(12) are exempt
9276from the requirements of subsections (2), (3), and (4).
9277     (8)  At the time of the evaluation and appraisal report,
9278each exempt municipality shall assess the extent to which it
9279continues to meet the criteria for exemption under s.
9280163.3177(12). If the municipality continues to meet these
9281criteria, the municipality shall continue to be exempt from the
9282interlocal agreement requirement. Each municipality exempt under
9283s. 163.3177(12) must comply with the provisions of subsections
9284(2)-(8) within 1 year after the district school board proposes,
9285in its 5-year district facilities work program, a new school
9286within the municipality's jurisdiction.
9287     (7)(9)  A board and the local governing body must share and
9288coordinate information related to existing and planned school
9289facilities; proposals for development, redevelopment, or
9290additional development; and infrastructure required to support
9291the school facilities, concurrent with proposed development. A
9292school board shall use information produced by the demographic,
9293revenue, and education estimating conferences pursuant to s.
9294216.136 when preparing the district educational facilities plan
9295pursuant to s. 1013.35, as modified and agreed to by the local
9296governments, when provided by interlocal agreement, and the
9297Office of Educational Facilities, in consideration of local
9298governments' population projections, to ensure that the district
9299educational facilities plan not only reflects enrollment
9300projections but also considers applicable municipal and county
9301growth and development projections. The projections must be
9302apportioned geographically with assistance from the local
9303governments using local government trend data and the school
9304district student enrollment data. A school board is precluded
9305from siting a new school in a jurisdiction where the school
9306board has failed to provide the annual educational facilities
9307plan for the prior year required pursuant to s. 1013.35 unless
9308the failure is corrected.
9309     (8)(10)  The location of educational facilities shall be
9310consistent with the comprehensive plan of the appropriate local
9311governing body developed under part II of chapter 163 and
9312consistent with the plan's implementing land development
9313regulations.
9314     (9)(11)  To improve coordination relative to potential
9315educational facility sites, a board shall provide written notice
9316to the local government that has regulatory authority over the
9317use of the land consistent with an interlocal agreement entered
9318pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
9319to acquiring or leasing property that may be used for a new
9320public educational facility. The local government, upon receipt
9321of this notice, shall notify the board within 45 days if the
9322site proposed for acquisition or lease is consistent with the
9323land use categories and policies of the local government's
9324comprehensive plan. This preliminary notice does not constitute
9325the local government's determination of consistency pursuant to
9326subsection (10) (12).
9327     (10)(12)  As early in the design phase as feasible and
9328consistent with an interlocal agreement entered pursuant to
9329subsections (2)-(6) (2)-(8), but no later than 90 days before
9330commencing construction, the district school board shall in
9331writing request a determination of consistency with the local
9332government's comprehensive plan. The local governing body that
9333regulates the use of land shall determine, in writing within 45
9334days after receiving the necessary information and a school
9335board's request for a determination, whether a proposed
9336educational facility is consistent with the local comprehensive
9337plan and consistent with local land development regulations. If
9338the determination is affirmative, school construction may
9339commence and further local government approvals are not
9340required, except as provided in this section. Failure of the
9341local governing body to make a determination in writing within
934290 days after a district school board's request for a
9343determination of consistency shall be considered an approval of
9344the district school board's application. Campus master plans and
9345development agreements must comply with the provisions of ss.
93461013.30 and 1013.63.
9347     (11)(13)  A local governing body may not deny the site
9348applicant based on adequacy of the site plan as it relates
9349solely to the needs of the school. If the site is consistent
9350with the comprehensive plan's land use policies and categories
9351in which public schools are identified as allowable uses, the
9352local government may not deny the application but it may impose
9353reasonable development standards and conditions in accordance
9354with s. 1013.51(1) and consider the site plan and its adequacy
9355as it relates to environmental concerns, health, safety and
9356welfare, and effects on adjacent property. Standards and
9357conditions may not be imposed which conflict with those
9358established in this chapter or the Florida Building Code, unless
9359mutually agreed and consistent with the interlocal agreement
9360required by subsections (2)-(6) (2)-(8).
9361     (12)(14)  This section does not prohibit a local governing
9362body and district school board from agreeing and establishing an
9363alternative process for reviewing a proposed educational
9364facility and site plan, and offsite impacts, pursuant to an
9365interlocal agreement adopted in accordance with subsections (2)-
9366(6) (2)-(8).
9367     (13)(15)  Existing schools shall be considered consistent
9368with the applicable local government comprehensive plan adopted
9369under part II of chapter 163. If a board submits an application
9370to expand an existing school site, the local governing body may
9371impose reasonable development standards and conditions on the
9372expansion only, and in a manner consistent with s. 1013.51(1).
9373Standards and conditions may not be imposed which conflict with
9374those established in this chapter or the Florida Building Code,
9375unless mutually agreed. Local government review or approval is
9376not required for:
9377     (a)  The placement of temporary or portable classroom
9378facilities; or
9379     (b)  Proposed renovation or construction on existing school
9380sites, with the exception of construction that changes the
9381primary use of a facility, includes stadiums, or results in a
9382greater than 5 percent increase in student capacity, or as
9383mutually agreed upon, pursuant to an interlocal agreement
9384adopted in accordance with subsections (2)-(6)(8).
9385     Section 72.  Paragraph (b) of subsection (2) of section
93861013.35, Florida Statutes, is amended to read:
9387     1013.35  School district educational facilities plan;
9388definitions; preparation, adoption, and amendment; long-term
9389work programs.-
9390     (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
9391FACILITIES PLAN.-
9392     (b)  The plan must also include a financially feasible
9393district facilities work program for a 5-year period. The work
9394program must include:
9395     1.  A schedule of major repair and renovation projects
9396necessary to maintain the educational facilities and ancillary
9397facilities of the district.
9398     2.  A schedule of capital outlay projects necessary to
9399ensure the availability of satisfactory student stations for the
9400projected student enrollment in K-12 programs. This schedule
9401shall consider:
9402     a.  The locations, capacities, and planned utilization
9403rates of current educational facilities of the district. The
9404capacity of existing satisfactory facilities, as reported in the
9405Florida Inventory of School Houses must be compared to the
9406capital outlay full-time-equivalent student enrollment as
9407determined by the department, including all enrollment used in
9408the calculation of the distribution formula in s. 1013.64.
9409     b.  The proposed locations of planned facilities, whether
9410those locations are consistent with the comprehensive plans of
9411all affected local governments, and recommendations for
9412infrastructure and other improvements to land adjacent to
9413existing facilities. The provisions of ss. 1013.33(10), (11),
9414and (12), (13), and (14) and 1013.36 must be addressed for new
9415facilities planned within the first 3 years of the work plan, as
9416appropriate.
9417     c.  Plans for the use and location of relocatable
9418facilities, leased facilities, and charter school facilities.
9419     d.  Plans for multitrack scheduling, grade level
9420organization, block scheduling, or other alternatives that
9421reduce the need for additional permanent student stations.
9422     e.  Information concerning average class size and
9423utilization rate by grade level within the district which will
9424result if the tentative district facilities work program is
9425fully implemented.
9426     f.  The number and percentage of district students planned
9427to be educated in relocatable facilities during each year of the
9428tentative district facilities work program. For determining
9429future needs, student capacity may not be assigned to any
9430relocatable classroom that is scheduled for elimination or
9431replacement with a permanent educational facility in the current
9432year of the adopted district educational facilities plan and in
9433the district facilities work program adopted under this section.
9434Those relocatable classrooms clearly identified and scheduled
9435for replacement in a school-board-adopted, financially feasible,
94365-year district facilities work program shall be counted at zero
9437capacity at the time the work program is adopted and approved by
9438the school board. However, if the district facilities work
9439program is changed and the relocatable classrooms are not
9440replaced as scheduled in the work program, the classrooms must
9441be reentered into the system and be counted at actual capacity.
9442Relocatable classrooms may not be perpetually added to the work
9443program or continually extended for purposes of circumventing
9444this section. All relocatable classrooms not identified and
9445scheduled for replacement, including those owned, lease-
9446purchased, or leased by the school district, must be counted at
9447actual student capacity. The district educational facilities
9448plan must identify the number of relocatable student stations
9449scheduled for replacement during the 5-year survey period and
9450the total dollar amount needed for that replacement.
9451     g.  Plans for the closure of any school, including plans
9452for disposition of the facility or usage of facility space, and
9453anticipated revenues.
9454     h.  Projects for which capital outlay and debt service
9455funds accruing under s. 9(d), Art. XII of the State Constitution
9456are to be used shall be identified separately in priority order
9457on a project priority list within the district facilities work
9458program.
9459     3.  The projected cost for each project identified in the
9460district facilities work program. For proposed projects for new
9461student stations, a schedule shall be prepared comparing the
9462planned cost and square footage for each new student station, by
9463elementary, middle, and high school levels, to the low, average,
9464and high cost of facilities constructed throughout the state
9465during the most recent fiscal year for which data is available
9466from the Department of Education.
9467     4.  A schedule of estimated capital outlay revenues from
9468each currently approved source which is estimated to be
9469available for expenditure on the projects included in the
9470district facilities work program.
9471     5.  A schedule indicating which projects included in the
9472district facilities work program will be funded from current
9473revenues projected in subparagraph 4.
9474     6.  A schedule of options for the generation of additional
9475revenues by the district for expenditure on projects identified
9476in the district facilities work program which are not funded
9477under subparagraph 5. Additional anticipated revenues may
9478include effort index grants, SIT Program awards, and Classrooms
9479First funds.
9480     Section 73.  Rules 9J-5 and 9J-11.023, Florida
9481Administrative Code, are repealed, and the Department of State
9482is directed to remove those rules from the Florida
9483Administrative Code.
9484     Section 74.  (1)  Any permit or any other authorization
9485that was extended beyond January 1, 2012, under section 14 of
9486chapter 2009-96, Laws of Florida, as reauthorized by section 47
9487of chapter 2010-147, Laws of Florida, and was ineligible for the
9488permit extension granted by section 46 of chapter 2010-147, Laws
9489of Florida, solely because of its extended expiration date, is
9490extended and renewed for an additional period of 2 years after
9491its previously scheduled expiration date. This extension is in
9492addition to the 2-year permit extension provided under section
949314 of chapter 2009-96, Laws of Florida. This section does not
9494prohibit conversion from the construction phase to the operation
9495phase upon completion of construction.
9496     (2)  The commencement and completion dates for any required
9497mitigation associated with a phased construction project shall
9498be extended such that mitigation takes place in the same
9499timeframe relative to the phase as originally permitted.
9500     (3)  The holder of a valid permit or other authorization
9501that is eligible for the 2-year extension shall notify the
9502authorizing agency in writing by December 31, 2011, identifying
9503the specific authorization for which the holder intends to use
9504the extension and the anticipated timeframe for acting on the
9505authorization.
9506     (4)  The extension provided for in subsection (1) does not
9507apply to:
9508     (a)  A permit or other authorization under any programmatic
9509or regional general permit issued by the Army Corps of
9510Engineers.
9511     (b)  A permit or other authorization held by an owner or
9512operator determined to be in significant noncompliance with the
9513conditions of the permit or authorization as established through
9514the issuance of a warning letter or notice of violation, the
9515initiation of formal enforcement, or other equivalent action by
9516the authorizing agency.
9517     (c)  A permit or other authorization, if granted an
9518extension, that would delay or prevent compliance with a court
9519order.
9520     (5)  Permits extended under this section shall continue to
9521be governed by rules in effect at the time the permit was
9522issued, except if it is demonstrated that the rules in effect at
9523the time the permit was issued would create an immediate threat
9524to public safety or health. This subsection applies to any
9525modification of the plans, terms, and conditions of the permit
9526that lessens the environmental impact, except that any such
9527modification may not extend the time limit beyond 2 additional
9528years.
9529     (6)  This section does not impair the authority of a county
9530or municipality to require the owner of a property that has
9531notified the county or municipality of the owner's intention to
9532receive the extension of time granted pursuant to this section
9533to maintain and secure the property in a safe and sanitary
9534condition in compliance with applicable laws and ordinances.
9535     Section 75.  (1)  The state land planning agency, within 60
9536days after the effective date of this act, shall review any
9537administrative or judicial proceeding filed by the agency and
9538pending on the effective date of this act to determine whether
9539the issues raised by the state land planning agency are
9540consistent with the revised provisions of part II of chapter
9541163, Florida Statutes. For each proceeding, if the agency
9542determines that issues have been raised that are not consistent
9543with the revised provisions of part II of chapter 163, Florida
9544Statutes, the agency shall dismiss the proceeding. If the state
9545land planning agency determines that one or more issues have
9546been raised that are consistent with the revised provisions of
9547part II of chapter 163, Florida Statutes, the agency shall amend
9548its petition within 30 days after the determination to plead
9549with particularity as to the manner in which the plan or plan
9550amendment fails to meet the revised provisions of part II of
9551chapter 163, Florida Statutes. If the agency fails to timely
9552file such amended petition, the proceeding shall be dismissed.
9553     (2)  In all proceedings that were initiated by the state
9554land planning agency before the effective date of this act, and
9555continue after that date, the local government's determination
9556that the comprehensive plan or plan amendment is in compliance
9557is presumed to be correct, and the local government's
9558determination shall be sustained unless it is shown by a
9559preponderance of the evidence that the comprehensive plan or
9560plan amendment is not in compliance.
9561     Section 76.  All local governments shall be governed by the
9562revised provisions of s. 163.3191, Florida Statutes,
9563notwithstanding a local government's previous failure to timely
9564adopt its evaluation and appraisal report or evaluation and
9565appraisal report-based amendments by the due dates established
9566in Rule 9J-42, Florida Administrative Code.
9567     Section 77.  The Division of Statutory Revision is directed
9568to replace the phrase "the effective date of this act" wherever
9569it occurs in this act with the date this act becomes a law.
9570     Section 78.  This act shall take effect upon becoming a
9571law.


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