1 | A bill to be entitled |
2 | An act relating to growth management; amending s. |
3 | 163.3161, F.S.; redesignating the "Local Government |
4 | Comprehensive Planning and Land Development Regulation |
5 | Act" as the "Community Planning Act"; revising and |
6 | providing intent and purpose of act; amending s. 163.3164, |
7 | F.S.; revising definitions; amending s. 163.3167, F.S.; |
8 | revising scope of the act; revising and providing duties |
9 | of local governments and municipalities relating to |
10 | comprehensive plans; deleting retroactive effect; creating |
11 | s. 163.3168, F.S.; encouraging local governments to apply |
12 | for certain innovative planning tools; authorizing the |
13 | state land planning agency and other appropriate state and |
14 | regional agencies to use direct and indirect technical |
15 | assistance; amending s. 163.3171, F.S.; providing |
16 | legislative intent; amending s. 163.3174, F.S.; deleting |
17 | certain notice requirements relating to the establishment |
18 | of local planning agencies by a governing body; amending |
19 | s. 163.3175, F.S.; providing that certain comments, |
20 | underlying studies, and reports provided by a military |
21 | installation's commanding officer are not binding on local |
22 | governments; providing additional factors for local |
23 | government consideration in impacts to military |
24 | installations; clarifying requirements for adopting |
25 | criteria to address compatibility of lands relating to |
26 | military installations; amending s. 163.3177, F.S.; |
27 | revising and providing duties of local governments; |
28 | revising and providing required and optional elements of |
29 | comprehensive plans; revising requirements of schedules of |
30 | capital improvements; revising and providing provisions |
31 | relating to capital improvements elements; revising major |
32 | objectives of, and procedures relating to, the local |
33 | comprehensive planning process; revising and providing |
34 | required and optional elements of future land use plans; |
35 | providing required transportation elements; revising and |
36 | providing required conservation elements; revising and |
37 | providing required housing elements; revising and |
38 | providing required coastal management elements; revising |
39 | and providing required intergovernmental coordination |
40 | elements; amending s. 163.31777, F.S.; revising |
41 | requirements relating to public schools' interlocal |
42 | agreements; deleting duties of the Office of Educational |
43 | Facilities, the state land planning agency, and local |
44 | governments relating to such agreements; deleting an |
45 | exemption; amending s. 163.3178, F.S.; deleting a deadline |
46 | for local governments to amend coastal management elements |
47 | and future land use maps; amending s. 163.3180, F.S.; |
48 | revising and providing provisions relating to concurrency; |
49 | revising concurrency requirements; revising application |
50 | and findings; revising local government requirements; |
51 | revising and providing requirements relating to |
52 | transportation concurrency, transportation concurrency |
53 | exception areas, urban infill, urban redevelopment, urban |
54 | service, downtown revitalization areas, transportation |
55 | concurrency management areas, long-term transportation and |
56 | school concurrency management systems, development of |
57 | regional impact, school concurrency, service areas, |
58 | financial feasibility, interlocal agreements, and |
59 | multimodal transportation districts; revising duties of |
60 | the Office of Program Policy Analysis and the state land |
61 | planning agency; providing requirements for local plans; |
62 | providing for the limiting the liability of local |
63 | governments under certain conditions; amending s. |
64 | 163.3182, F.S.; revising definitions; revising provisions |
65 | relating to transportation deficiency plans and projects; |
66 | amending s. 163.3184, F.S.; providing a definition; |
67 | providing requirements for comprehensive plans and plan |
68 | amendments; providing a expedited state review process for |
69 | adoption of comprehensive plan amendments; providing |
70 | requirements for the adoption of comprehensive plan |
71 | amendments; creating the state-coordinated review process; |
72 | providing and revising provisions relating to the review |
73 | process; revising requirements relating to local |
74 | government transmittal of proposed plan or amendments; |
75 | providing for comment by reviewing agencies; deleting |
76 | provisions relating to regional, county, and municipal |
77 | review; revising provisions relating to state land |
78 | planning agency review; revising provisions relating to |
79 | local government review of comments; deleting and revising |
80 | provisions relating to notice of intent and processes for |
81 | compliance and noncompliance; providing procedures for |
82 | administrative challenges to plans and plan amendments; |
83 | providing for compliance agreements; providing for |
84 | mediation and expeditious resolution; revising powers and |
85 | duties of the administration commission; revising |
86 | provisions relating to areas of critical state concern; |
87 | providing for concurrent zoning; amending s. 163.3187, |
88 | F.S.; deleting provisions relating to the amendment of |
89 | adopted comprehensive plan and providing the process for |
90 | adoption of small-scale comprehensive plan amendments; |
91 | repealing s. 163.3189, F.S., relating to process for |
92 | amendment of adopted comprehensive plan; amending s. |
93 | 163.3191, F.S., relating to the evaluation and appraisal |
94 | of comprehensive plans; providing and revising local |
95 | government requirements including notice, amendments, |
96 | compliance, mediation, reports, and scoping meetings; |
97 | amending s. 163.3229, F.S.; revising limitations on |
98 | duration of development agreements; amending s. 163.3235, |
99 | F.S.; revising requirements for periodic reviews of a |
100 | development agreements; amending s. 163.3239, F.S.; |
101 | revising recording requirements; amending s. 163.3243, |
102 | F.S.; revising parties who may file an action for |
103 | injunctive relief; amending s. 163.3245, F.S.; revising |
104 | provisions relating to optional sector plans; authorizing |
105 | the adoption of sector plans under certain circumstances; |
106 | amending s. 163.3246, F.S.; revising provisions relating |
107 | to the local government comprehensive planning |
108 | certification program; conforming provisions to changes |
109 | made by the act; deleting reporting requirements of the |
110 | Office of Program Policy Analysis and Government |
111 | Accountability; repealing s. 163.32465, F.S., relating to |
112 | state review of local comprehensive plans in urban areas; |
113 | amending s. 163.3247, F.S.; providing for future repeal |
114 | and abolition of the Century Commission for a Sustainable |
115 | Florida; creating s. 163.3248, F.S.; providing for the |
116 | designation of rural land stewardship areas; providing |
117 | purposes and requirements for the establishment of such |
118 | areas; providing for the creation of rural land |
119 | stewardship overlay zoning district and transferable rural |
120 | land use credits; providing certain limitation relating to |
121 | such credits; providing for incentives; providing |
122 | eligibility for incentives; providing legislative intent; |
123 | amending s. 380.06, F.S.; revising requirements relating |
124 | to the issuance of permits for development by local |
125 | governments; revising criteria for the determination of |
126 | substantial deviation; providing for extension of certain |
127 | expiration dates; revising exemptions governing |
128 | developments of regional impact; revising provisions to |
129 | conform to changes made by this act; amending s. 380.0651, |
130 | F.S.; revising provisions relating to statewide guidelines |
131 | and standards for certain multiscreen movie theaters, |
132 | industrial plants, industrial parks, distribution, |
133 | warehousing and wholesaling facilities, and hotels and |
134 | motels; revising criteria for the determination of when to |
135 | treat two or more developments as a single development; |
136 | amending s. 331.303, F.S.; conforming a cross-reference; |
137 | amending s. 380.115, F.S.; subjecting certain developments |
138 | required to undergo development-of-regional-impact review |
139 | to certain procedures; amending s. 380.065, F.S.; deleting |
140 | certain reporting requirements; conforming provisions to |
141 | changes made by the act; amending s. 380.0685, F.S., |
142 | relating to use of surcharges for beach renourishment and |
143 | restoration; repealing Rules 9J-5 and 9J-11.023, Florida |
144 | Administrative Code, relating to minimum criteria for |
145 | review of local government comprehensive plans and plan |
146 | amendments, evaluation and appraisal reports, land |
147 | development regulations, and determinations of compliance; |
148 | amending ss. 70.51, 163.06, 163.2517, 163.3162, 163.3217, |
149 | 163.3220, 163.3221, 163.3229, 163.360, 163.516, 171.203, |
150 | 186.513, 189.415, 190.004, 190.005, 193.501, 287.042, |
151 | 288.063, 288.975, 290.0475, 311.07, 331.319, 339.155, |
152 | 339.2819, 369.303, 369.321, 378.021, 380.115, 380.031, |
153 | 380.061, 403.50665, 403.973, 420.5095, 420.615, 420.5095, |
154 | 420.9071, 420.9076, 720.403, 1013.30, 1013.33, and |
155 | 1013.35, F.S.; revising provisions to conform to changes |
156 | made by this act; extending permits and other |
157 | authorizations extended under s. 14, ch. 2009-96, Laws of |
158 | Florida; extending certain previously granted buildout |
159 | dates; requiring a permitholder to notify the authorizing |
160 | agency of its intended use of the extension; exempting |
161 | certain permits from eligibility for an extension; |
162 | providing for applicability of rules governing permits; |
163 | declaring that certain provisions do not impair the |
164 | authority of counties and municipalities under certain |
165 | circumstances; requiring the state land planning agency to |
166 | review certain administrative and judicial proceedings; |
167 | providing procedures for such review; providing that all |
168 | local governments shall be governed by certain provisions |
169 | of general law; allowing specified amendments to be |
170 | adopted upon approval by the local government; directing |
171 | the Department of Transportation to report on the |
172 | calculation of proportionate share; providing for |
173 | severability; creating a 2-year permit extension; |
174 | providing a directive of the Division of Statutory |
175 | Revision; providing an effective date. |
176 |
|
177 | Be It Enacted by the Legislature of the State of Florida: |
178 |
|
179 | Section 1. Subsection (26) of section 70.51, Florida |
180 | Statutes, is amended to read: |
181 | 70.51 Land use and environmental dispute resolution.- |
182 | (26) A special magistrate's recommendation under this |
183 | section constitutes data in support of, and a support document |
184 | for, a comprehensive plan or comprehensive plan amendment, but |
185 | is not, in and of itself, dispositive of a determination of |
186 | compliance with chapter 163. Any comprehensive plan amendment |
187 | necessary to carry out the approved recommendation of a special |
188 | magistrate under this section is exempt from the twice-a-year |
189 | limit on plan amendments and may be adopted by the local |
190 | government amendments in s. 163.3184(16)(d). |
191 | Section 2. Paragraphs (h) through (l) of subsection (3) of |
192 | section 163.06, Florida Statutes, are redesignated as paragraphs |
193 | (g) through (k), respectively, and present paragraph (g) of that |
194 | subsection is amended to read: |
195 | 163.06 Miami River Commission.- |
196 | (3) The policy committee shall have the following powers |
197 | and duties: |
198 | (g) Coordinate a joint planning area agreement between the |
199 | Department of Community Affairs, the city, and the county under |
200 | the provisions of s. 163.3177(11)(a), (b), and (c). |
201 | Section 3. Subsection (4) of section 163.2517, Florida |
202 | Statutes, is amended to read: |
203 | 163.2517 Designation of urban infill and redevelopment |
204 | area.- |
205 | (4) In order for a local government to designate an urban |
206 | infill and redevelopment area, it must amend its comprehensive |
207 | land use plan under s. 163.3187 to delineate the boundaries of |
208 | the urban infill and redevelopment area within the future land |
209 | use element of its comprehensive plan pursuant to its adopted |
210 | urban infill and redevelopment plan. The state land planning |
211 | agency shall review the boundary delineation of the urban infill |
212 | and redevelopment area in the future land use element under s. |
213 | 163.3184. However, an urban infill and redevelopment plan |
214 | adopted by a local government is not subject to review for |
215 | compliance as defined by s. 163.3184(1)(b), and the local |
216 | government is not required to adopt the plan as a comprehensive |
217 | plan amendment. An amendment to the local comprehensive plan to |
218 | designate an urban infill and redevelopment area is exempt from |
219 | the twice-a-year amendment limitation of s. 163.3187. |
220 | Section 4. Section 163.3161, Florida Statutes, is amended |
221 | to read: |
222 | 163.3161 Short title; intent and purpose.- |
223 | (1) This part shall be known and may be cited as the |
224 | "Community Local Government Comprehensive Planning and Land |
225 | Development Regulation Act." |
226 | (2) In conformity with, and in furtherance of, the purpose |
227 | of the Florida Environmental Land and Water Management Act of |
228 | 1972, chapter 380, It is the purpose of this act to utilize and |
229 | strengthen the existing role, processes, and powers of local |
230 | governments in the establishment and implementation of |
231 | comprehensive planning programs to guide and manage control |
232 | future development consistent with the proper role of local |
233 | government. |
234 | (3) It is the intent of this act to focus the state role |
235 | in managing growth under this act to protecting the functions of |
236 | important state resources and facilities. |
237 | (4) It is the intent of this act that its adoption is |
238 | necessary so that local governments have the ability to can |
239 | preserve and enhance present advantages; encourage the most |
240 | appropriate use of land, water, and resources, consistent with |
241 | the public interest; overcome present handicaps; and deal |
242 | effectively with future problems that may result from the use |
243 | and development of land within their jurisdictions. Through the |
244 | process of comprehensive planning, it is intended that units of |
245 | local government can preserve, promote, protect, and improve the |
246 | public health, safety, comfort, good order, appearance, |
247 | convenience, law enforcement and fire prevention, and general |
248 | welfare; prevent the overcrowding of land and avoid undue |
249 | concentration of population; facilitate the adequate and |
250 | efficient provision of transportation, water, sewerage, schools, |
251 | parks, recreational facilities, housing, and other requirements |
252 | and services; and conserve, develop, utilize, and protect |
253 | natural resources within their jurisdictions. |
254 | (5)(4) It is the intent of this act to encourage and |
255 | ensure assure cooperation between and among municipalities and |
256 | counties and to encourage and ensure assure coordination of |
257 | planning and development activities of units of local government |
258 | with the planning activities of regional agencies and state |
259 | government in accord with applicable provisions of law. |
260 | (6)(5) It is the intent of this act that adopted |
261 | comprehensive plans shall have the legal status set out in this |
262 | act and that no public or private development shall be permitted |
263 | except in conformity with comprehensive plans, or elements or |
264 | portions thereof, prepared and adopted in conformity with this |
265 | act. |
266 | (7)(6) It is the intent of this act that the activities of |
267 | units of local government in the preparation and adoption of |
268 | comprehensive plans, or elements or portions therefor, shall be |
269 | conducted in conformity with the provisions of this act. |
270 | (8)(7) The provisions of this act in their interpretation |
271 | and application are declared to be the minimum requirements |
272 | necessary to accomplish the stated intent, purposes, and |
273 | objectives of this act; to protect human, environmental, social, |
274 | and economic resources; and to maintain, through orderly growth |
275 | and development, the character and stability of present and |
276 | future land use and development in this state. |
277 | (9)(8) It is the intent of the Legislature that the repeal |
278 | of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws |
279 | of Florida, and amendments to this part by this chapter law, |
280 | shall not be interpreted to limit or restrict the powers of |
281 | municipal or county officials, but shall be interpreted as a |
282 | recognition of their broad statutory and constitutional powers |
283 | to plan for and regulate the use of land. It is, further, the |
284 | intent of the Legislature to reconfirm that ss. 163.3161- |
285 | 163.3248 163.3161 through 163.3215 have provided and do provide |
286 | the necessary statutory direction and basis for municipal and |
287 | county officials to carry out their comprehensive planning and |
288 | land development regulation powers, duties, and |
289 | responsibilities. |
290 | (10)(9) It is the intent of the Legislature that all |
291 | governmental entities in this state recognize and respect |
292 | judicially acknowledged or constitutionally protected private |
293 | property rights. It is the intent of the Legislature that all |
294 | rules, ordinances, regulations, comprehensive plans and |
295 | amendments thereto, and programs adopted under the authority of |
296 | this act must be developed, promulgated, implemented, and |
297 | applied with sensitivity for private property rights and not be |
298 | unduly restrictive, and property owners must be free from |
299 | actions by others which would harm their property or which would |
300 | constitute an inordinate burden on property rights as those |
301 | terms are defined in s. 70.001(3)(e) and (f). Full and just |
302 | compensation or other appropriate relief must be provided to any |
303 | property owner for a governmental action that is determined to |
304 | be an invalid exercise of the police power which constitutes a |
305 | taking, as provided by law. Any such relief must ultimately be |
306 | determined in a judicial action. |
307 | (11) It is the intent of this part that the traditional |
308 | economic base of this state, agriculture, tourism, and military |
309 | presence, be recognized and protected. Further, it is the intent |
310 | of this part to encourage economic diversification, workforce |
311 | development, and community planning. |
312 | (12) It is the intent of this part that new statutory |
313 | requirements created by the Legislature will not require a local |
314 | government whose plan has been found to be in compliance with |
315 | this part to adopt amendments implementing the new statutory |
316 | requirements until the evaluation and appraisal period provided |
317 | in s. 163.3191, unless otherwise specified in law. However, any |
318 | new amendments must comply with the requirements of this part. |
319 | Section 5. Subsections (2) through (5) of section |
320 | 163.3162, Florida Statutes, are renumbered as subsections (1) |
321 | through (4), respectively, and present subsections (1) and (5) |
322 | of that section are amended to read: |
323 | 163.3162 Agricultural Lands and Practices Act.- |
324 | (1) SHORT TITLE.-This section may be cited as the |
325 | "Agricultural Lands and Practices Act." |
326 | (4)(5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.- |
327 | The owner of a parcel of land defined as an agricultural enclave |
328 | under s. 163.3164(33) may apply for an amendment to the local |
329 | government comprehensive plan pursuant to s. 163.3184 163.3187. |
330 | Such amendment is presumed not to be urban sprawl as defined in |
331 | s. 163.3164 if it includes consistent with rule 9J-5.006(5), |
332 | Florida Administrative Code, and may include land uses and |
333 | intensities of use that are consistent with the uses and |
334 | intensities of use of the industrial, commercial, or residential |
335 | areas that surround the parcel. This presumption may be rebutted |
336 | by clear and convincing evidence. Each application for a |
337 | comprehensive plan amendment under this subsection for a parcel |
338 | larger than 640 acres must include appropriate new urbanism |
339 | concepts such as clustering, mixed-use development, the creation |
340 | of rural village and city centers, and the transfer of |
341 | development rights in order to discourage urban sprawl while |
342 | protecting landowner rights. |
343 | (a) The local government and the owner of a parcel of land |
344 | that is the subject of an application for an amendment shall |
345 | have 180 days following the date that the local government |
346 | receives a complete application to negotiate in good faith to |
347 | reach consensus on the land uses and intensities of use that are |
348 | consistent with the uses and intensities of use of the |
349 | industrial, commercial, or residential areas that surround the |
350 | parcel. Within 30 days after the local government's receipt of |
351 | such an application, the local government and owner must agree |
352 | in writing to a schedule for information submittal, public |
353 | hearings, negotiations, and final action on the amendment, which |
354 | schedule may thereafter be altered only with the written consent |
355 | of the local government and the owner. Compliance with the |
356 | schedule in the written agreement constitutes good faith |
357 | negotiations for purposes of paragraph (c). |
358 | (b) Upon conclusion of good faith negotiations under |
359 | paragraph (a), regardless of whether the local government and |
360 | owner reach consensus on the land uses and intensities of use |
361 | that are consistent with the uses and intensities of use of the |
362 | industrial, commercial, or residential areas that surround the |
363 | parcel, the amendment must be transmitted to the state land |
364 | planning agency for review pursuant to s. 163.3184. If the local |
365 | government fails to transmit the amendment within 180 days after |
366 | receipt of a complete application, the amendment must be |
367 | immediately transferred to the state land planning agency for |
368 | such review at the first available transmittal cycle. A plan |
369 | amendment transmitted to the state land planning agency |
370 | submitted under this subsection is presumed not to be urban |
371 | sprawl as defined in s. 163.3164 consistent with rule 9J- |
372 | 5.006(5), Florida Administrative Code. This presumption may be |
373 | rebutted by clear and convincing evidence. |
374 | (c) If the owner fails to negotiate in good faith, a plan |
375 | amendment submitted under this subsection is not entitled to the |
376 | rebuttable presumption under this subsection in the negotiation |
377 | and amendment process. |
378 | (d) Nothing within this subsection relating to |
379 | agricultural enclaves shall preempt or replace any protection |
380 | currently existing for any property located within the |
381 | boundaries of the following areas: |
382 | 1. The Wekiva Study Area, as described in s. 369.316; or |
383 | 2. The Everglades Protection Area, as defined in s. |
384 | 373.4592(2). |
385 | Section 6. Section 163.3164, Florida Statutes, is amended |
386 | to read: |
387 | 163.3164 Community Local Government Comprehensive Planning |
388 | and Land Development Regulation Act; definitions.-As used in |
389 | this act: |
390 | (1) "Adaptation action area" or "adaptation area" means a |
391 | designation in the coastal management element of a local |
392 | government's comprehensive plan which identifies one or more |
393 | areas that experience coastal flooding due to extreme high tides |
394 | and storm surge, and that are vulnerable to the related impacts |
395 | of rising sea levels for the purpose of prioritizing funding for |
396 | infrastructure needs and adaptation planning. |
397 | (2) "Administration Commission" means the Governor and the |
398 | Cabinet, and for purposes of this chapter the commission shall |
399 | act on a simple majority vote, except that for purposes of |
400 | imposing the sanctions provided in s. 163.3184(8)(11), |
401 | affirmative action shall require the approval of the Governor |
402 | and at least three other members of the commission. |
403 | (3) "Affordable housing" has the same meaning as in s. |
404 | 420.0004(3). |
405 | (4)(33) "Agricultural enclave" means an unincorporated, |
406 | undeveloped parcel that: |
407 | (a) Is owned by a single person or entity; |
408 | (b) Has been in continuous use for bona fide agricultural |
409 | purposes, as defined by s. 193.461, for a period of 5 years |
410 | prior to the date of any comprehensive plan amendment |
411 | application; |
412 | (c) Is surrounded on at least 75 percent of its perimeter |
413 | by: |
414 | 1. Property that has existing industrial, commercial, or |
415 | residential development; or |
416 | 2. Property that the local government has designated, in |
417 | the local government's comprehensive plan, zoning map, and |
418 | future land use map, as land that is to be developed for |
419 | industrial, commercial, or residential purposes, and at least 75 |
420 | percent of such property is existing industrial, commercial, or |
421 | residential development; |
422 | (d) Has public services, including water, wastewater, |
423 | transportation, schools, and recreation facilities, available or |
424 | such public services are scheduled in the capital improvement |
425 | element to be provided by the local government or can be |
426 | provided by an alternative provider of local government |
427 | infrastructure in order to ensure consistency with applicable |
428 | concurrency provisions of s. 163.3180; and |
429 | (e) Does not exceed 1,280 acres; however, if the property |
430 | is surrounded by existing or authorized residential development |
431 | that will result in a density at buildout of at least 1,000 |
432 | residents per square mile, then the area shall be determined to |
433 | be urban and the parcel may not exceed 4,480 acres. |
434 | (5) "Antiquated subdivision" means a subdivision that was |
435 | recorded or approved more than 20 years ago and that has |
436 | substantially failed to be built and the continued buildout of |
437 | the subdivision in accordance with the subdivision's zoning and |
438 | land use purposes would cause an imbalance of land uses and |
439 | would be detrimental to the local and regional economies and |
440 | environment, hinder current planning practices, and lead to |
441 | inefficient and fiscally irresponsible development patterns as |
442 | determined by the respective jurisdiction in which the |
443 | subdivision is located. |
444 | (6)(2) "Area" or "area of jurisdiction" means the total |
445 | area qualifying under the provisions of this act, whether this |
446 | be all of the lands lying within the limits of an incorporated |
447 | municipality, lands in and adjacent to incorporated |
448 | municipalities, all unincorporated lands within a county, or |
449 | areas comprising combinations of the lands in incorporated |
450 | municipalities and unincorporated areas of counties. |
451 | (7) "Capital improvement" means physical assets |
452 | constructed or purchased to provide, improve, or replace a |
453 | public facility and which are typically large scale and high in |
454 | cost. The cost of a capital improvement is generally |
455 | nonrecurring and may require multiyear financing. For the |
456 | purposes of this part, physical assets that have been identified |
457 | as existing or projected needs in the individual comprehensive |
458 | plan elements shall be considered capital improvements. |
459 | (8)(3) "Coastal area" means the 35 coastal counties and |
460 | all coastal municipalities within their boundaries designated |
461 | coastal by the state land planning agency. |
462 | (9) "Compatibility" means a condition in which land uses |
463 | or conditions can coexist in relative proximity to each other in |
464 | a stable fashion over time such that no use or condition is |
465 | unduly negatively impacted directly or indirectly by another use |
466 | or condition. |
467 | (10)(4) "Comprehensive plan" means a plan that meets the |
468 | requirements of ss. 163.3177 and 163.3178. |
469 | (11) "Deepwater ports" means the ports identified in s. |
470 | 403.021(9). |
471 | (12) "Density" means an objective measurement of the |
472 | number of people or residential units allowed per unit of land, |
473 | such as residents or employees per acre. |
474 | (13)(5) "Developer" means any person, including a |
475 | governmental agency, undertaking any development as defined in |
476 | this act. |
477 | (14)(6) "Development" has the same meaning as given it in |
478 | s. 380.04. |
479 | (15)(7) "Development order" means any order granting, |
480 | denying, or granting with conditions an application for a |
481 | development permit. |
482 | (16)(8) "Development permit" includes any building permit, |
483 | zoning permit, subdivision approval, rezoning, certification, |
484 | special exception, variance, or any other official action of |
485 | local government having the effect of permitting the development |
486 | of land. |
487 | (17)(25) "Downtown revitalization" means the physical and |
488 | economic renewal of a central business district of a community |
489 | as designated by local government, and includes both downtown |
490 | development and redevelopment. |
491 | (18) "Floodprone areas" means areas inundated during a |
492 | 100-year flood event or areas identified by the National Flood |
493 | Insurance Program as an A Zone on flood insurance rate maps or |
494 | flood hazard boundary maps. |
495 | (19) "Goal" means the long-term end toward which programs |
496 | or activities are ultimately directed. |
497 | (20)(9) "Governing body" means the board of county |
498 | commissioners of a county, the commission or council of an |
499 | incorporated municipality, or any other chief governing body of |
500 | a unit of local government, however designated, or the |
501 | combination of such bodies where joint utilization of the |
502 | provisions of this act is accomplished as provided herein. |
503 | (21)(10) "Governmental agency" means: |
504 | (a) The United States or any department, commission, |
505 | agency, or other instrumentality thereof. |
506 | (b) This state or any department, commission, agency, or |
507 | other instrumentality thereof. |
508 | (c) Any local government, as defined in this section, or |
509 | any department, commission, agency, or other instrumentality |
510 | thereof. |
511 | (d) Any school board or other special district, authority, |
512 | or governmental entity. |
513 | (22) "Intensity" means an objective measurement of the |
514 | extent to which land may be developed or used, including the |
515 | consumption or use of the space above, on, or below ground; the |
516 | measurement of the use of or demand on natural resources; and |
517 | the measurement of the use of or demand on facilities and |
518 | services. |
519 | (23) "Internal trip capture" means trips generated by a |
520 | mixed-use project that travel from one on-site land use to |
521 | another on-site land use without using the external road |
522 | network. |
523 | (24)(11) "Land" means the earth, water, and air, above, |
524 | below, or on the surface, and includes any improvements or |
525 | structures customarily regarded as land. |
526 | (25)(22) "Land development regulation commission" means a |
527 | commission designated by a local government to develop and |
528 | recommend, to the local governing body, land development |
529 | regulations which implement the adopted comprehensive plan and |
530 | to review land development regulations, or amendments thereto, |
531 | for consistency with the adopted plan and report to the |
532 | governing body regarding its findings. The responsibilities of |
533 | the land development regulation commission may be performed by |
534 | the local planning agency. |
535 | (26)(23) "Land development regulations" means ordinances |
536 | enacted by governing bodies for the regulation of any aspect of |
537 | development and includes any local government zoning, rezoning, |
538 | subdivision, building construction, or sign regulations or any |
539 | other regulations controlling the development of land, except |
540 | that this definition does shall not apply in s. 163.3213. |
541 | (27)(12) "Land use" means the development that has |
542 | occurred on the land, the development that is proposed by a |
543 | developer on the land, or the use that is permitted or |
544 | permissible on the land under an adopted comprehensive plan or |
545 | element or portion thereof, land development regulations, or a |
546 | land development code, as the context may indicate. |
547 | (28) "Level of service" means an indicator of the extent |
548 | or degree of service provided by, or proposed to be provided by, |
549 | a facility based on and related to the operational |
550 | characteristics of the facility. Level of service shall indicate |
551 | the capacity per unit of demand for each public facility. |
552 | (29)(13) "Local government" means any county or |
553 | municipality. |
554 | (30)(14) "Local planning agency" means the agency |
555 | designated to prepare the comprehensive plan or plan amendments |
556 | required by this act. |
557 | (31)(15) A "Newspaper of general circulation" means a |
558 | newspaper published at least on a weekly basis and printed in |
559 | the language most commonly spoken in the area within which it |
560 | circulates, but does not include a newspaper intended primarily |
561 | for members of a particular professional or occupational group, |
562 | a newspaper whose primary function is to carry legal notices, or |
563 | a newspaper that is given away primarily to distribute |
564 | advertising. |
565 | (32) "New town" means an urban activity center and |
566 | community designated on the future land use map of sufficient |
567 | size, population and land use composition to support a variety |
568 | of economic and social activities consistent with an urban area |
569 | designation. New towns shall include basic economic activities; |
570 | all major land use categories, with the possible exception of |
571 | agricultural and industrial; and a centrally provided full range |
572 | of public facilities and services that demonstrate internal trip |
573 | capture. A new town shall be based on a master development plan. |
574 | (33) "Objective" means a specific, measurable, |
575 | intermediate end that is achievable and marks progress toward a |
576 | goal. |
577 | (34)(16) "Parcel of land" means any quantity of land |
578 | capable of being described with such definiteness that its |
579 | locations and boundaries may be established, which is designated |
580 | by its owner or developer as land to be used, or developed as, a |
581 | unit or which has been used or developed as a unit. |
582 | (35)(17) "Person" means an individual, corporation, |
583 | governmental agency, business trust, estate, trust, partnership, |
584 | association, two or more persons having a joint or common |
585 | interest, or any other legal entity. |
586 | (36) "Policy" means the way in which programs and |
587 | activities are conducted to achieve an identified goal. |
588 | (37)(28) "Projects that promote public transportation" |
589 | means projects that directly affect the provisions of public |
590 | transit, including transit terminals, transit lines and routes, |
591 | separate lanes for the exclusive use of public transit services, |
592 | transit stops (shelters and stations), office buildings or |
593 | projects that include fixed-rail or transit terminals as part of |
594 | the building, and projects which are transit oriented and |
595 | designed to complement reasonably proximate planned or existing |
596 | public facilities. |
597 | (38)(24) "Public facilities" means major capital |
598 | improvements, including, but not limited to, transportation, |
599 | sanitary sewer, solid waste, drainage, potable water, |
600 | educational, parks and recreational, and health systems and |
601 | facilities, and spoil disposal sites for maintenance dredging |
602 | located in the intracoastal waterways, except for spoil disposal |
603 | sites owned or used by ports listed in s. 403.021(9)(b). |
604 | (39)(18) "Public notice" means notice as required by s. |
605 | 125.66(2) for a county or by s. 166.041(3)(a) for a |
606 | municipality. The public notice procedures required in this part |
607 | are established as minimum public notice procedures. |
608 | (40)(19) "Regional planning agency" means the council |
609 | created pursuant to chapter 186 agency designated by the state |
610 | land planning agency to exercise responsibilities under law in a |
611 | particular region of the state. |
612 | (41) "Seasonal population" means part-time inhabitants who |
613 | use, or may be expected to use, public facilities or services, |
614 | but are not residents and includes tourists, migrant |
615 | farmworkers, and other short-term and long-term visitors. |
616 | (42)(31) "Optional Sector plan" means the an optional |
617 | process authorized by s. 163.3245 in which one or more local |
618 | governments engage in long-term planning for a large area and by |
619 | agreement with the state land planning agency are allowed to |
620 | address regional development-of-regional-impact issues through |
621 | adoption of detailed specific area plans within the planning |
622 | area within certain designated geographic areas identified in |
623 | the local comprehensive plan as a means of fostering innovative |
624 | planning and development strategies in s. 163.3177(11)(a) and |
625 | (b), furthering the purposes of this part and part I of chapter |
626 | 380, reducing overlapping data and analysis requirements, |
627 | protecting regionally significant resources and facilities, and |
628 | addressing extrajurisdictional impacts. The term includes an |
629 | optional sector plan that was adopted before the effective date |
630 | of this act. |
631 | (43)(20) "State land planning agency" means the Department |
632 | of Community Affairs. |
633 | (44)(21) "Structure" has the same meaning as in given it |
634 | by s. 380.031(19). |
635 | (45) "Suitability" means the degree to which the existing |
636 | characteristics and limitations of land and water are compatible |
637 | with a proposed use or development. |
638 | (46) "Transit-oriented development" means a project or |
639 | projects, in areas identified in a local government |
640 | comprehensive plan, that is or will be served by existing or |
641 | planned transit service. These designated areas shall be |
642 | compact, moderate to high density developments, of mixed-use |
643 | character, interconnected with other land uses, bicycle and |
644 | pedestrian friendly, and designed to support frequent transit |
645 | service operating through, collectively or separately, rail, |
646 | fixed guideway, streetcar, or bus systems on dedicated |
647 | facilities or available roadway connections. |
648 | (47)(30) "Transportation corridor management" means the |
649 | coordination of the planning of designated future transportation |
650 | corridors with land use planning within and adjacent to the |
651 | corridor to promote orderly growth, to meet the concurrency |
652 | requirements of this chapter, and to maintain the integrity of |
653 | the corridor for transportation purposes. |
654 | (48)(27) "Urban infill" means the development of vacant |
655 | parcels in otherwise built-up areas where public facilities such |
656 | as sewer systems, roads, schools, and recreation areas are |
657 | already in place and the average residential density is at least |
658 | five dwelling units per acre, the average nonresidential |
659 | intensity is at least a floor area ratio of 1.0 and vacant, |
660 | developable land does not constitute more than 10 percent of the |
661 | area. |
662 | (49)(26) "Urban redevelopment" means demolition and |
663 | reconstruction or substantial renovation of existing buildings |
664 | or infrastructure within urban infill areas, existing urban |
665 | service areas, or community redevelopment areas created pursuant |
666 | to part III. |
667 | (50)(29) "Urban service area" means built-up areas |
668 | identified in the comprehensive plan where public facilities and |
669 | services, including, but not limited to, central water and sewer |
670 | capacity and roads, are already in place or are identified in |
671 | the capital improvements element. The term includes any areas |
672 | identified in the comprehensive plan as urban service areas, |
673 | regardless of local government limitation committed in the first |
674 | 3 years of the capital improvement schedule. In addition, for |
675 | counties that qualify as dense urban land areas under subsection |
676 | (34), the nonrural area of a county which has adopted into the |
677 | county charter a rural area designation or areas identified in |
678 | the comprehensive plan as urban service areas or urban growth |
679 | boundaries on or before July 1, 2009, are also urban service |
680 | areas under this definition. |
681 | (51) "Urban sprawl" means a development pattern |
682 | characterized by low density, automobile-dependent development |
683 | with either a single use or multiple uses that are not |
684 | functionally related, requiring the extension of public |
685 | facilities and services in an inefficient manner, and failing to |
686 | provide a clear separation between urban and rural uses. |
687 | (32) "Financial feasibility" means that sufficient |
688 | revenues are currently available or will be available from |
689 | committed funding sources for the first 3 years, or will be |
690 | available from committed or planned funding sources for years 4 |
691 | and 5, of a 5-year capital improvement schedule for financing |
692 | capital improvements, such as ad valorem taxes, bonds, state and |
693 | federal funds, tax revenues, impact fees, and developer |
694 | contributions, which are adequate to fund the projected costs of |
695 | the capital improvements identified in the comprehensive plan |
696 | necessary to ensure that adopted level-of-service standards are |
697 | achieved and maintained within the period covered by the 5-year |
698 | schedule of capital improvements. A comprehensive plan shall be |
699 | deemed financially feasible for transportation and school |
700 | facilities throughout the planning period addressed by the |
701 | capital improvements schedule if it can be demonstrated that the |
702 | level-of-service standards will be achieved and maintained by |
703 | the end of the planning period even if in a particular year such |
704 | improvements are not concurrent as required by s. 163.3180. |
705 | (34) "Dense urban land area" means: |
706 | (a) A municipality that has an average of at least 1,000 |
707 | people per square mile of land area and a minimum total |
708 | population of at least 5,000; |
709 | (b) A county, including the municipalities located |
710 | therein, which has an average of at least 1,000 people per |
711 | square mile of land area; or |
712 | (c) A county, including the municipalities located |
713 | therein, which has a population of at least 1 million. |
714 |
|
715 | The Office of Economic and Demographic Research within the |
716 | Legislature shall annually calculate the population and density |
717 | criteria needed to determine which jurisdictions qualify as |
718 | dense urban land areas by using the most recent land area data |
719 | from the decennial census conducted by the Bureau of the Census |
720 | of the United States Department of Commerce and the latest |
721 | available population estimates determined pursuant to s. |
722 | 186.901. If any local government has had an annexation, |
723 | contraction, or new incorporation, the Office of Economic and |
724 | Demographic Research shall determine the population density |
725 | using the new jurisdictional boundaries as recorded in |
726 | accordance with s. 171.091. The Office of Economic and |
727 | Demographic Research shall submit to the state land planning |
728 | agency a list of jurisdictions that meet the total population |
729 | and density criteria necessary for designation as a dense urban |
730 | land area by July 1, 2009, and every year thereafter. The state |
731 | land planning agency shall publish the list of jurisdictions on |
732 | its Internet website within 7 days after the list is received. |
733 | The designation of jurisdictions that qualify or do not qualify |
734 | as a dense urban land area is effective upon publication on the |
735 | state land planning agency's Internet website. |
736 | Section 7. Section 163.3167, Florida Statutes, is amended |
737 | to read: |
738 | 163.3167 Scope of act.- |
739 | (1) The several incorporated municipalities and counties |
740 | shall have power and responsibility: |
741 | (a) To plan for their future development and growth. |
742 | (b) To adopt and amend comprehensive plans, or elements or |
743 | portions thereof, to guide their future development and growth. |
744 | (c) To implement adopted or amended comprehensive plans by |
745 | the adoption of appropriate land development regulations or |
746 | elements thereof. |
747 | (d) To establish, support, and maintain administrative |
748 | instruments and procedures to carry out the provisions and |
749 | purposes of this act. |
750 |
|
751 | The powers and authority set out in this act may be employed by |
752 | municipalities and counties individually or jointly by mutual |
753 | agreement in accord with the provisions of this act and in such |
754 | combinations as their common interests may dictate and require. |
755 | (2) Each local government shall maintain prepare a |
756 | comprehensive plan of the type and in the manner set out in this |
757 | part or prepare amendments to its existing comprehensive plan to |
758 | conform it to the requirements of this part and in the manner |
759 | set out in this part. In accordance with s. 163.3184, each local |
760 | government shall submit to the state land planning agency its |
761 | complete proposed comprehensive plan or its complete |
762 | comprehensive plan as proposed to be amended. |
763 | (3) When a local government has not prepared all of the |
764 | required elements or has not amended its plan as required by |
765 | subsection (2), the regional planning agency having |
766 | responsibility for the area in which the local government lies |
767 | shall prepare and adopt by rule, pursuant to chapter 120, the |
768 | missing elements or adopt by rule amendments to the existing |
769 | plan in accordance with this act by July 1, 1989, or within 1 |
770 | year after the dates specified or provided in subsection (2) and |
771 | the state land planning agency review schedule, whichever is |
772 | later. The regional planning agency shall provide at least 90 |
773 | days' written notice to any local government whose plan it is |
774 | required by this subsection to prepare, prior to initiating the |
775 | planning process. At least 90 days before the adoption by the |
776 | regional planning agency of a comprehensive plan, or element or |
777 | portion thereof, pursuant to this subsection, the regional |
778 | planning agency shall transmit a copy of the proposed |
779 | comprehensive plan, or element or portion thereof, to the local |
780 | government and the state land planning agency for written |
781 | comment. The state land planning agency shall review and comment |
782 | on such plan, or element or portion thereof, in accordance with |
783 | s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be |
784 | applicable to the regional planning agency as if it were a |
785 | governing body. Existing comprehensive plans shall remain in |
786 | effect until they are amended pursuant to subsection (2), this |
787 | subsection, s. 163.3187, or s. 163.3189. |
788 | (3)(4) A municipality established after the effective date |
789 | of this act shall, within 1 year after incorporation, establish |
790 | a local planning agency, pursuant to s. 163.3174, and prepare |
791 | and adopt a comprehensive plan of the type and in the manner set |
792 | out in this act within 3 years after the date of such |
793 | incorporation. A county comprehensive plan shall be deemed |
794 | controlling until the municipality adopts a comprehensive plan |
795 | in accord with the provisions of this act. If, upon the |
796 | expiration of the 3-year time limit, the municipality has not |
797 | adopted a comprehensive plan, the regional planning agency shall |
798 | prepare and adopt a comprehensive plan for such municipality. |
799 | (4)(5) Any comprehensive plan, or element or portion |
800 | thereof, adopted pursuant to the provisions of this act, which |
801 | but for its adoption after the deadlines established pursuant to |
802 | previous versions of this act would have been valid, shall be |
803 | valid. |
804 | (6) When a regional planning agency is required to prepare |
805 | or amend a comprehensive plan, or element or portion thereof, |
806 | pursuant to subsections (3) and (4), the regional planning |
807 | agency and the local government may agree to a method of |
808 | compensating the regional planning agency for any verifiable, |
809 | direct costs incurred. If an agreement is not reached within 6 |
810 | months after the date the regional planning agency assumes |
811 | planning responsibilities for the local government pursuant to |
812 | subsections (3) and (4) or by the time the plan or element, or |
813 | portion thereof, is completed, whichever is earlier, the |
814 | regional planning agency shall file invoices for verifiable, |
815 | direct costs involved with the governing body. Upon the failure |
816 | of the local government to pay such invoices within 90 days, the |
817 | regional planning agency may, upon filing proper vouchers with |
818 | the Chief Financial Officer, request payment by the Chief |
819 | Financial Officer from unencumbered revenue or other tax sharing |
820 | funds due such local government from the state for work actually |
821 | performed, and the Chief Financial Officer shall pay such |
822 | vouchers; however, the amount of such payment shall not exceed |
823 | 50 percent of such funds due such local government in any one |
824 | year. |
825 | (7) A local government that is being requested to pay |
826 | costs may seek an administrative hearing pursuant to ss. 120.569 |
827 | and 120.57 to challenge the amount of costs and to determine if |
828 | the statutory prerequisites for payment have been complied with. |
829 | Final agency action shall be taken by the state land planning |
830 | agency. Payment shall be withheld as to disputed amounts until |
831 | proceedings under this subsection have been completed. |
832 | (5)(8) Nothing in this act shall limit or modify the |
833 | rights of any person to complete any development that has been |
834 | authorized as a development of regional impact pursuant to |
835 | chapter 380 or who has been issued a final local development |
836 | order and development has commenced and is continuing in good |
837 | faith. |
838 | (6)(9) The Reedy Creek Improvement District shall exercise |
839 | the authority of this part as it applies to municipalities, |
840 | consistent with the legislative act under which it was |
841 | established, for the total area under its jurisdiction. |
842 | (7)(10) Nothing in this part shall supersede any provision |
843 | of ss. 341.8201-341.842. |
844 | (11) Each local government is encouraged to articulate a |
845 | vision of the future physical appearance and qualities of its |
846 | community as a component of its local comprehensive plan. The |
847 | vision should be developed through a collaborative planning |
848 | process with meaningful public participation and shall be |
849 | adopted by the governing body of the jurisdiction. Neighboring |
850 | communities, especially those sharing natural resources or |
851 | physical or economic infrastructure, are encouraged to create |
852 | collective visions for greater-than-local areas. Such collective |
853 | visions shall apply in each city or county only to the extent |
854 | that each local government chooses to make them applicable. The |
855 | state land planning agency shall serve as a clearinghouse for |
856 | creating a community vision of the future and may utilize the |
857 | Growth Management Trust Fund, created by s. 186.911, to provide |
858 | grants to help pay the costs of local visioning programs. When a |
859 | local vision of the future has been created, a local government |
860 | should review its comprehensive plan, land development |
861 | regulations, and capital improvement program to ensure that |
862 | these instruments will help to move the community toward its |
863 | vision in a manner consistent with this act and with the state |
864 | comprehensive plan. A local or regional vision must be |
865 | consistent with the state vision, when adopted, and be |
866 | internally consistent with the local or regional plan of which |
867 | it is a component. The state land planning agency shall not |
868 | adopt minimum criteria for evaluating or judging the form or |
869 | content of a local or regional vision. |
870 | (8)(12) An initiative or referendum process in regard to |
871 | any development order or in regard to any local comprehensive |
872 | plan amendment or map amendment that affects five or fewer |
873 | parcels of land is prohibited. |
874 | (9)(13) Each local government shall address in its |
875 | comprehensive plan, as enumerated in this chapter, the water |
876 | supply sources necessary to meet and achieve the existing and |
877 | projected water use demand for the established planning period, |
878 | considering the applicable plan developed pursuant to s. |
879 | 373.709. |
880 | (10)(14)(a) If a local government grants a development |
881 | order pursuant to its adopted land development regulations and |
882 | the order is not the subject of a pending appeal and the |
883 | timeframe for filing an appeal has expired, the development |
884 | order may not be invalidated by a subsequent judicial |
885 | determination that such land development regulations, or any |
886 | portion thereof that is relevant to the development order, are |
887 | invalid because of a deficiency in the approval standards. |
888 | (b) This subsection does not preclude or affect the timely |
889 | institution of any other remedy available at law or equity, |
890 | including a common law writ of certiorari proceeding pursuant to |
891 | Rule 9.190, Florida Rules of Appellate Procedure, or an original |
892 | proceeding pursuant to s. 163.3215, as applicable. |
893 | (c) This subsection applies retroactively to any |
894 | development order granted on or after January 1, 2002. |
895 | Section 8. Section 163.3168, Florida Statutes, is created |
896 | to read: |
897 | 163.3168 Planning innovations and technical assistance.- |
898 | (1) The Legislature recognizes the need for innovative |
899 | planning and development strategies to promote a diverse economy |
900 | and vibrant rural and urban communities, while protecting |
901 | environmentally sensitive areas. The Legislature further |
902 | recognizes the substantial advantages of innovative approaches |
903 | to development directed to meet the needs of urban, rural, and |
904 | suburban areas. |
905 | (2) Local governments are encouraged to apply innovative |
906 | planning tools, including, but not limited to, visioning, sector |
907 | planning, and rural land stewardship area designations to |
908 | address future new development areas, urban service area |
909 | designations, urban growth boundaries, and mixed-use, high- |
910 | density development in urban areas. |
911 | (3) The state land planning agency shall help communities |
912 | find creative solutions to fostering vibrant, healthy |
913 | communities, while protecting the functions of important state |
914 | resources and facilities. The state land planning agency and all |
915 | other appropriate state and regional agencies may use various |
916 | means to provide direct and indirect technical assistance within |
917 | available resources. If plan amendments may adversely impact |
918 | important state resources or facilities, upon request by the |
919 | local government, the state land planning agency shall |
920 | coordinate multi-agency assistance, if needed, in developing an |
921 | amendment to minimize impacts on such resources or facilities. |
922 | (4) The state land planning agency shall provide, on its |
923 | website, guidance on the submittal and adoption of comprehensive |
924 | plans, plan amendments, and land development regulations. Such |
925 | guidance shall not be adopted as a rule and is exempt from s. |
926 | 120.54(1)(a). |
927 | Section 9. Subsection (4) of section 163.3171, Florida |
928 | Statutes, is amended to read: |
929 | 163.3171 Areas of authority under this act.- |
930 | (4) The state land planning agency and a Local governments |
931 | may government shall have the power to enter into agreements |
932 | with each other and to agree together to enter into agreements |
933 | with a landowner, developer, or governmental agency as may be |
934 | necessary or desirable to effectuate the provisions and purposes |
935 | of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245, |
936 | and 163.3248. It is the Legislature's intent that joint |
937 | agreements entered into under the authority of this section be |
938 | liberally, broadly, and flexibly construed to facilitate |
939 | intergovernmental cooperation between cities and counties and to |
940 | encourage planning in advance of jurisdictional changes. Joint |
941 | agreements, executed before or after the effective date of this |
942 | act, include, but are not limited to, agreements that |
943 | contemplate municipal adoption of plans or plan amendments for |
944 | lands in advance of annexation of such lands into the |
945 | municipality, and may permit municipalities and counties to |
946 | exercise nonexclusive extrajurisdictional authority within |
947 | incorporated and unincorporated areas. The state land planning |
948 | agency may not interpret, invalidate, or declare inoperative |
949 | such joint agreements, and the validity of joint agreements may |
950 | not be a basis for finding plans or plan amendments not in |
951 | compliance pursuant to chapter law. |
952 | Section 10. Subsection (1) of section 163.3174, Florida |
953 | Statutes, is amended to read: |
954 | 163.3174 Local planning agency.- |
955 | (1) The governing body of each local government, |
956 | individually or in combination as provided in s. 163.3171, shall |
957 | designate and by ordinance establish a "local planning agency," |
958 | unless the agency is otherwise established by law. |
959 | Notwithstanding any special act to the contrary, all local |
960 | planning agencies or equivalent agencies that first review |
961 | rezoning and comprehensive plan amendments in each municipality |
962 | and county shall include a representative of the school district |
963 | appointed by the school board as a nonvoting member of the local |
964 | planning agency or equivalent agency to attend those meetings at |
965 | which the agency considers comprehensive plan amendments and |
966 | rezonings that would, if approved, increase residential density |
967 | on the property that is the subject of the application. However, |
968 | this subsection does not prevent the governing body of the local |
969 | government from granting voting status to the school board |
970 | member. The governing body may designate itself as the local |
971 | planning agency pursuant to this subsection with the addition of |
972 | a nonvoting school board representative. The governing body |
973 | shall notify the state land planning agency of the establishment |
974 | of its local planning agency. All local planning agencies shall |
975 | provide opportunities for involvement by applicable community |
976 | college boards, which may be accomplished by formal |
977 | representation, membership on technical advisory committees, or |
978 | other appropriate means. The local planning agency shall prepare |
979 | the comprehensive plan or plan amendment after hearings to be |
980 | held after public notice and shall make recommendations to the |
981 | governing body regarding the adoption or amendment of the plan. |
982 | The agency may be a local planning commission, the planning |
983 | department of the local government, or other instrumentality, |
984 | including a countywide planning entity established by special |
985 | act or a council of local government officials created pursuant |
986 | to s. 163.02, provided the composition of the council is fairly |
987 | representative of all the governing bodies in the county or |
988 | planning area; however: |
989 | (a) If a joint planning entity is in existence on the |
990 | effective date of this act which authorizes the governing bodies |
991 | to adopt and enforce a land use plan effective throughout the |
992 | joint planning area, that entity shall be the agency for those |
993 | local governments until such time as the authority of the joint |
994 | planning entity is modified by law. |
995 | (b) In the case of chartered counties, the planning |
996 | responsibility between the county and the several municipalities |
997 | therein shall be as stipulated in the charter. |
998 | Section 11. Subsections (5), (6), and (9) of section |
999 | 163.3175, Florida Statutes, are amended to read: |
1000 | 163.3175 Legislative findings on compatibility of |
1001 | development with military installations; exchange of information |
1002 | between local governments and military installations.- |
1003 | (5) The commanding officer or his or her designee may |
1004 | provide comments to the affected local government on the impact |
1005 | such proposed changes may have on the mission of the military |
1006 | installation. Such comments may include: |
1007 | (a) If the installation has an airfield, whether such |
1008 | proposed changes will be incompatible with the safety and noise |
1009 | standards contained in the Air Installation Compatible Use Zone |
1010 | (AICUZ) adopted by the military installation for that airfield; |
1011 | (b) Whether such changes are incompatible with the |
1012 | Installation Environmental Noise Management Program (IENMP) of |
1013 | the United States Army; |
1014 | (c) Whether such changes are incompatible with the |
1015 | findings of a Joint Land Use Study (JLUS) for the area if one |
1016 | has been completed; and |
1017 | (d) Whether the military installation's mission will be |
1018 | adversely affected by the proposed actions of the county or |
1019 | affected local government. |
1020 |
|
1021 | The commanding officer's comments, underlying studies, and |
1022 | reports are not binding on the local government. |
1023 | (6) The affected local government shall take into |
1024 | consideration any comments provided by the commanding officer or |
1025 | his or her designee pursuant to subsection (4) and must also be |
1026 | sensitive to private property rights and not be unduly |
1027 | restrictive on those rights. The affected local government shall |
1028 | forward a copy of any comments regarding comprehensive plan |
1029 | amendments to the state land planning agency. |
1030 | (9) If a local government, as required under s. |
1031 | 163.3177(6)(a), does not adopt criteria and address |
1032 | compatibility of lands adjacent to or closely proximate to |
1033 | existing military installations in its future land use plan |
1034 | element by June 30, 2012, the local government, the military |
1035 | installation, the state land planning agency, and other parties |
1036 | as identified by the regional planning council, including, but |
1037 | not limited to, private landowner representatives, shall enter |
1038 | into mediation conducted pursuant to s. 186.509. If the local |
1039 | government comprehensive plan does not contain criteria |
1040 | addressing compatibility by December 31, 2013, the agency may |
1041 | notify the Administration Commission. The Administration |
1042 | Commission may impose sanctions pursuant to s. 163.3184(8)(11). |
1043 | Any local government that amended its comprehensive plan to |
1044 | address military installation compatibility requirements after |
1045 | 2004 and was found to be in compliance is deemed to be in |
1046 | compliance with this subsection until the local government |
1047 | conducts its evaluation and appraisal review pursuant to s. |
1048 | 163.3191 and determines that amendments are necessary to meet |
1049 | updated general law requirements. |
1050 | Section 12. Section 163.3177, Florida Statutes, is amended |
1051 | to read: |
1052 | 163.3177 Required and optional elements of comprehensive |
1053 | plan; studies and surveys.- |
1054 | (1) The comprehensive plan shall provide the consist of |
1055 | materials in such descriptive form, written or graphic, as may |
1056 | be appropriate to the prescription of principles, guidelines, |
1057 | and standards, and strategies for the orderly and balanced |
1058 | future economic, social, physical, environmental, and fiscal |
1059 | development of the area that reflects community commitments to |
1060 | implement the plan and its elements. These principles and |
1061 | strategies shall guide future decisions in a consistent manner |
1062 | and shall contain programs and activities to ensure |
1063 | comprehensive plans are implemented. The sections of the |
1064 | comprehensive plan containing the principles and strategies, |
1065 | generally provided as goals, objectives, and policies, shall |
1066 | describe how the local government's programs, activities, and |
1067 | land development regulations will be initiated, modified, or |
1068 | continued to implement the comprehensive plan in a consistent |
1069 | manner. It is not the intent of this part to require the |
1070 | inclusion of implementing regulations in the comprehensive plan |
1071 | but rather to require identification of those programs, |
1072 | activities, and land development regulations that will be part |
1073 | of the strategy for implementing the comprehensive plan and the |
1074 | principles that describe how the programs, activities, and land |
1075 | development regulations will be carried out. The plan shall |
1076 | establish meaningful and predictable standards for the use and |
1077 | development of land and provide meaningful guidelines for the |
1078 | content of more detailed land development and use regulations. |
1079 | (a) The comprehensive plan shall consist of elements as |
1080 | described in this section, and may include optional elements. |
1081 | (b) A local government may include, as part of its adopted |
1082 | plan, documents adopted by reference but not incorporated |
1083 | verbatim into the plan. The adoption by reference must identify |
1084 | the title and author of the document and indicate clearly what |
1085 | provisions and edition of the document is being adopted. |
1086 | (c) The format of these principles and guidelines is at |
1087 | the discretion of the local government, but typically is |
1088 | expressed in goals, objectives, policies, and strategies. |
1089 | (d) The comprehensive plan shall identify procedures for |
1090 | monitoring, evaluating, and appraising implementation of the |
1091 | plan. |
1092 | (e) When a federal, state, or regional agency has |
1093 | implemented a regulatory program, a local government is not |
1094 | required to duplicate or exceed that regulatory program in its |
1095 | local comprehensive plan. |
1096 | (f) All mandatory and optional elements of the |
1097 | comprehensive plan and plan amendments shall be based upon |
1098 | relevant and appropriate data and an analysis by the local |
1099 | government that may include, but not be limited to, surveys, |
1100 | studies, community goals and vision, and other data available at |
1101 | the time of adoption of the comprehensive plan or plan |
1102 | amendment. To be based on data means to react to it in an |
1103 | appropriate way and to the extent necessary indicated by the |
1104 | data available on that particular subject at the time of |
1105 | adoption of the plan or plan amendment at issue. |
1106 | 1. Surveys, studies, and data utilized in the preparation |
1107 | of the comprehensive plan may not be deemed a part of the |
1108 | comprehensive plan unless adopted as a part of it. Copies of |
1109 | such studies, surveys, data, and supporting documents for |
1110 | proposed plans and plan amendments shall be made available for |
1111 | public inspection, and copies of such plans shall be made |
1112 | available to the public upon payment of reasonable charges for |
1113 | reproduction. Support data or summaries are not subject to the |
1114 | compliance review process, but the comprehensive plan must be |
1115 | clearly based on appropriate data. Support data or summaries may |
1116 | be used to aid in the determination of compliance and |
1117 | consistency. |
1118 | 2. Data must be taken from professionally accepted |
1119 | sources. The application of a methodology utilized in data |
1120 | collection or whether a particular methodology is professionally |
1121 | accepted may be evaluated. However, the evaluation may not |
1122 | include whether one accepted methodology is better than another. |
1123 | Original data collection by local governments is not required. |
1124 | However, local governments may use original data so long as |
1125 | methodologies are professionally accepted. |
1126 | 3. The comprehensive plan shall be based upon permanent |
1127 | and seasonal population estimates and projections, which shall |
1128 | either be those provided by the University of Florida's Bureau |
1129 | of Economic and Business Research or generated by the local |
1130 | government based upon a professionally acceptable methodology. |
1131 | The plan must be based on at least the minimum amount of land |
1132 | required to accommodate the medium projections of the University |
1133 | of Florida's Bureau of Economic and Business Research for at |
1134 | least a 10-year planning period unless otherwise limited under |
1135 | s. 380.05, including related rules of the Administration |
1136 | Commission. |
1137 | (2) Coordination of the several elements of the local |
1138 | comprehensive plan shall be a major objective of the planning |
1139 | process. The several elements of the comprehensive plan shall be |
1140 | consistent. Where data is relevant to several elements, |
1141 | consistent data shall be used, including population estimates |
1142 | and projections unless alternative data can be justified for a |
1143 | plan amendment through new supporting data and analysis. Each |
1144 | map depicting future conditions must reflect the principles, |
1145 | guidelines, and standards within all elements and each such map |
1146 | must be contained within the comprehensive plan, and the |
1147 | comprehensive plan shall be financially feasible. Financial |
1148 | feasibility shall be determined using professionally accepted |
1149 | methodologies and applies to the 5-year planning period, except |
1150 | in the case of a long-term transportation or school concurrency |
1151 | management system, in which case a 10-year or 15-year period |
1152 | applies. |
1153 | (3)(a) The comprehensive plan shall contain a capital |
1154 | improvements element designed to consider the need for and the |
1155 | location of public facilities in order to encourage the |
1156 | efficient use of such facilities and set forth: |
1157 | 1. A component that outlines principles for construction, |
1158 | extension, or increase in capacity of public facilities, as well |
1159 | as a component that outlines principles for correcting existing |
1160 | public facility deficiencies, which are necessary to implement |
1161 | the comprehensive plan. The components shall cover at least a 5- |
1162 | year period. |
1163 | 2. Estimated public facility costs, including a |
1164 | delineation of when facilities will be needed, the general |
1165 | location of the facilities, and projected revenue sources to |
1166 | fund the facilities. |
1167 | 3. Standards to ensure the availability of public |
1168 | facilities and the adequacy of those facilities to meet |
1169 | established including acceptable levels of service. |
1170 | 4. Standards for the management of debt. |
1171 | 4.5. A schedule of capital improvements which includes any |
1172 | publicly funded projects of federal, state, or local government, |
1173 | and which may include privately funded projects for which the |
1174 | local government has no fiscal responsibility. Projects, |
1175 | necessary to ensure that any adopted level-of-service standards |
1176 | are achieved and maintained for the 5-year period must be |
1177 | identified as either funded or unfunded and given a level of |
1178 | priority for funding. For capital improvements that will be |
1179 | funded by the developer, financial feasibility shall be |
1180 | demonstrated by being guaranteed in an enforceable development |
1181 | agreement or interlocal agreement pursuant to paragraph (10)(h), |
1182 | or other enforceable agreement. These development agreements and |
1183 | interlocal agreements shall be reflected in the schedule of |
1184 | capital improvements if the capital improvement is necessary to |
1185 | serve development within the 5-year schedule. If the local |
1186 | government uses planned revenue sources that require referenda |
1187 | or other actions to secure the revenue source, the plan must, in |
1188 | the event the referenda are not passed or actions do not secure |
1189 | the planned revenue source, identify other existing revenue |
1190 | sources that will be used to fund the capital projects or |
1191 | otherwise amend the plan to ensure financial feasibility. |
1192 | 5.6. The schedule must include transportation improvements |
1193 | included in the applicable metropolitan planning organization's |
1194 | transportation improvement program adopted pursuant to s. |
1195 | 339.175(8) to the extent that such improvements are relied upon |
1196 | to ensure concurrency and financial feasibility. The schedule |
1197 | must also be coordinated with the applicable metropolitan |
1198 | planning organization's long-range transportation plan adopted |
1199 | pursuant to s. 339.175(7). |
1200 | (b)1. The capital improvements element must be reviewed by |
1201 | the local government on an annual basis. Modifications and |
1202 | modified as necessary in accordance with s. 163.3187 or s. |
1203 | 163.3189 in order to update the maintain a financially feasible |
1204 | 5-year capital improvement schedule of capital improvements. |
1205 | Corrections and modifications concerning costs; revenue sources; |
1206 | or acceptance of facilities pursuant to dedications which are |
1207 | consistent with the plan may be accomplished by ordinance and |
1208 | may shall not be deemed to be amendments to the local |
1209 | comprehensive plan. A copy of the ordinance shall be transmitted |
1210 | to the state land planning agency. An amendment to the |
1211 | comprehensive plan is required to update the schedule on an |
1212 | annual basis or to eliminate, defer, or delay the construction |
1213 | for any facility listed in the 5-year schedule. All public |
1214 | facilities must be consistent with the capital improvements |
1215 | element. The annual update to the capital improvements element |
1216 | of the comprehensive plan need not comply with the financial |
1217 | feasibility requirement until December 1, 2011. Thereafter, a |
1218 | local government may not amend its future land use map, except |
1219 | for plan amendments to meet new requirements under this part and |
1220 | emergency amendments pursuant to s. 163.3187(1)(a), after |
1221 | December 1, 2011, and every year thereafter, unless and until |
1222 | the local government has adopted the annual update and it has |
1223 | been transmitted to the state land planning agency. |
1224 | 2. Capital improvements element amendments adopted after |
1225 | the effective date of this act shall require only a single |
1226 | public hearing before the governing board which shall be an |
1227 | adoption hearing as described in s. 163.3184(7). Such amendments |
1228 | are not subject to the requirements of s. 163.3184(3)-(6). |
1229 | (c) If the local government does not adopt the required |
1230 | annual update to the schedule of capital improvements, the state |
1231 | land planning agency must notify the Administration Commission. |
1232 | A local government that has a demonstrated lack of commitment to |
1233 | meeting its obligations identified in the capital improvements |
1234 | element may be subject to sanctions by the Administration |
1235 | Commission pursuant to s. 163.3184(11). |
1236 | (d) If a local government adopts a long-term concurrency |
1237 | management system pursuant to s. 163.3180(9), it must also adopt |
1238 | a long-term capital improvements schedule covering up to a 10- |
1239 | year or 15-year period, and must update the long-term schedule |
1240 | annually. The long-term schedule of capital improvements must be |
1241 | financially feasible. |
1242 | (e) At the discretion of the local government and |
1243 | notwithstanding the requirements of this subsection, a |
1244 | comprehensive plan, as revised by an amendment to the plan's |
1245 | future land use map, shall be deemed to be financially feasible |
1246 | and to have achieved and maintained level-of-service standards |
1247 | as required by this section with respect to transportation |
1248 | facilities if the amendment to the future land use map is |
1249 | supported by a: |
1250 | 1. Condition in a development order for a development of |
1251 | regional impact or binding agreement that addresses |
1252 | proportionate-share mitigation consistent with s. 163.3180(12); |
1253 | or |
1254 | 2. Binding agreement addressing proportionate fair-share |
1255 | mitigation consistent with s. 163.3180(16)(f) and the property |
1256 | subject to the amendment to the future land use map is located |
1257 | within an area designated in a comprehensive plan for urban |
1258 | infill, urban redevelopment, downtown revitalization, urban |
1259 | infill and redevelopment, or an urban service area. The binding |
1260 | agreement must be based on the maximum amount of development |
1261 | identified by the future land use map amendment or as may be |
1262 | otherwise restricted through a special area plan policy or map |
1263 | notation in the comprehensive plan. |
1264 | (f) A local government's comprehensive plan and plan |
1265 | amendments for land uses within all transportation concurrency |
1266 | exception areas that are designated and maintained in accordance |
1267 | with s. 163.3180(5) shall be deemed to meet the requirement to |
1268 | achieve and maintain level-of-service standards for |
1269 | transportation. |
1270 | (4)(a) Coordination of the local comprehensive plan with |
1271 | the comprehensive plans of adjacent municipalities, the county, |
1272 | adjacent counties, or the region; with the appropriate water |
1273 | management district's regional water supply plans approved |
1274 | pursuant to s. 373.709; and with adopted rules pertaining to |
1275 | designated areas of critical state concern; and with the state |
1276 | comprehensive plan shall be a major objective of the local |
1277 | comprehensive planning process. To that end, in the preparation |
1278 | of a comprehensive plan or element thereof, and in the |
1279 | comprehensive plan or element as adopted, the governing body |
1280 | shall include a specific policy statement indicating the |
1281 | relationship of the proposed development of the area to the |
1282 | comprehensive plans of adjacent municipalities, the county, |
1283 | adjacent counties, or the region and to the state comprehensive |
1284 | plan, as the case may require and as such adopted plans or plans |
1285 | in preparation may exist. |
1286 | (b) When all or a portion of the land in a local |
1287 | government jurisdiction is or becomes part of a designated area |
1288 | of critical state concern, the local government shall clearly |
1289 | identify those portions of the local comprehensive plan that |
1290 | shall be applicable to the critical area and shall indicate the |
1291 | relationship of the proposed development of the area to the |
1292 | rules for the area of critical state concern. |
1293 | (5)(a) Each local government comprehensive plan must |
1294 | include at least two planning periods, one covering at least the |
1295 | first 5-year period occurring after the plan's adoption and one |
1296 | covering at least a 10-year period. Additional planning periods |
1297 | for specific components, elements, land use amendments, or |
1298 | projects shall be permissible and accepted as part of the |
1299 | planning process. |
1300 | (b) The comprehensive plan and its elements shall contain |
1301 | guidelines or policies policy recommendations for the |
1302 | implementation of the plan and its elements. |
1303 | (6) In addition to the requirements of subsections (1)-(5) |
1304 | and (12), the comprehensive plan shall include the following |
1305 | elements: |
1306 | (a) A future land use plan element designating proposed |
1307 | future general distribution, location, and extent of the uses of |
1308 | land for residential uses, commercial uses, industry, |
1309 | agriculture, recreation, conservation, education, public |
1310 | buildings and grounds, other public facilities, and other |
1311 | categories of the public and private uses of land. The |
1312 | approximate acreage and the general range of density or |
1313 | intensity of use shall be provided for the gross land area |
1314 | included in each existing land use category. The element shall |
1315 | establish the long-term end toward which land use programs and |
1316 | activities are ultimately directed. Counties are encouraged to |
1317 | designate rural land stewardship areas, pursuant to paragraph |
1318 | (11)(d), as overlays on the future land use map. |
1319 | 1. Each future land use category must be defined in terms |
1320 | of uses included, and must include standards to be followed in |
1321 | the control and distribution of population densities and |
1322 | building and structure intensities. The proposed distribution, |
1323 | location, and extent of the various categories of land use shall |
1324 | be shown on a land use map or map series which shall be |
1325 | supplemented by goals, policies, and measurable objectives. |
1326 | 2. The future land use plan and plan amendments shall be |
1327 | based upon surveys, studies, and data regarding the area, as |
1328 | applicable, including: |
1329 | a. The amount of land required to accommodate anticipated |
1330 | growth.; |
1331 | b. The projected permanent and seasonal population of the |
1332 | area.; |
1333 | c. The character of undeveloped land.; |
1334 | d. The availability of water supplies, public facilities, |
1335 | and services.; |
1336 | e. The need for redevelopment, including the renewal of |
1337 | blighted areas and the elimination of nonconforming uses which |
1338 | are inconsistent with the character of the community.; |
1339 | f. The compatibility of uses on lands adjacent to or |
1340 | closely proximate to military installations.; |
1341 | g. The compatibility of uses on lands adjacent to an |
1342 | airport as defined in s. 330.35 and consistent with s. 333.02.; |
1343 | h. The discouragement of urban sprawl.; energy-efficient |
1344 | land use patterns accounting for existing and future electric |
1345 | power generation and transmission systems; greenhouse gas |
1346 | reduction strategies; and, in rural communities, |
1347 | i. The need for job creation, capital investment, and |
1348 | economic development that will strengthen and diversify the |
1349 | community's economy. |
1350 | j. The need to modify land uses and development patterns |
1351 | within antiquated subdivisions. The future land use plan may |
1352 | designate areas for future planned development use involving |
1353 | combinations of types of uses for which special regulations may |
1354 | be necessary to ensure development in accord with the principles |
1355 | and standards of the comprehensive plan and this act. |
1356 | 3. The future land use plan element shall include criteria |
1357 | to be used to: |
1358 | a. Achieve the compatibility of lands adjacent or closely |
1359 | proximate to military installations, considering factors |
1360 | identified in s. 163.3175(5)., and |
1361 | b. Achieve the compatibility of lands adjacent to an |
1362 | airport as defined in s. 330.35 and consistent with s. 333.02. |
1363 | c. Encourage preservation of recreational and commercial |
1364 | working waterfronts for water dependent uses in coastal |
1365 | communities. |
1366 | d. Encourage the location of schools proximate to urban |
1367 | residential areas to the extent possible. |
1368 | e. Coordinate future land uses with the topography and |
1369 | soil conditions, and the availability of facilities and |
1370 | services. |
1371 | f. Ensure the protection of natural and historic |
1372 | resources. |
1373 | g. Provide for the compatibility of adjacent land uses. |
1374 | h. Provide guidelines for the implementation of mixed use |
1375 | development including the types of uses allowed, the percentage |
1376 | distribution among the mix of uses, or other standards, and the |
1377 | density and intensity of each use. |
1378 | 4. In addition, for rural communities, The amount of land |
1379 | designated for future planned uses industrial use shall provide |
1380 | a balance of uses that foster vibrant, viable communities and |
1381 | economic development opportunities and address outdated |
1382 | development patterns, such as antiquated subdivisions. The |
1383 | amount of land designated for future land uses should allow the |
1384 | operation of real estate markets to provide adequate choices for |
1385 | permanent and seasonal residents and business and be based upon |
1386 | surveys and studies that reflect the need for job creation, |
1387 | capital investment, and the necessity to strengthen and |
1388 | diversify the local economies, and may not be limited solely by |
1389 | the projected population of the rural community. The element |
1390 | shall accommodate at least the minimum amount of land required |
1391 | to accommodate the medium projections of the University of |
1392 | Florida's Bureau of Economic and Business Research for at least |
1393 | a 10-year planning period unless otherwise limited under s. |
1394 | 380.05, including related rules of the Administration |
1395 | Commission. |
1396 | 5. The future land use plan of a county may also designate |
1397 | areas for possible future municipal incorporation. |
1398 | 6. The land use maps or map series shall generally |
1399 | identify and depict historic district boundaries and shall |
1400 | designate historically significant properties meriting |
1401 | protection. For coastal counties, the future land use element |
1402 | must include, without limitation, regulatory incentives and |
1403 | criteria that encourage the preservation of recreational and |
1404 | commercial working waterfronts as defined in s. 342.07. |
1405 | 7. The future land use element must clearly identify the |
1406 | land use categories in which public schools are an allowable |
1407 | use. When delineating the land use categories in which public |
1408 | schools are an allowable use, a local government shall include |
1409 | in the categories sufficient land proximate to residential |
1410 | development to meet the projected needs for schools in |
1411 | coordination with public school boards and may establish |
1412 | differing criteria for schools of different type or size. Each |
1413 | local government shall include lands contiguous to existing |
1414 | school sites, to the maximum extent possible, within the land |
1415 | use categories in which public schools are an allowable use. The |
1416 | failure by a local government to comply with these school siting |
1417 | requirements will result in the prohibition of the local |
1418 | government's ability to amend the local comprehensive plan, |
1419 | except for plan amendments described in s. 163.3187(1)(b), until |
1420 | the school siting requirements are met. Amendments proposed by a |
1421 | local government for purposes of identifying the land use |
1422 | categories in which public schools are an allowable use are |
1423 | exempt from the limitation on the frequency of plan amendments |
1424 | contained in s. 163.3187. The future land use element shall |
1425 | include criteria that encourage the location of schools |
1426 | proximate to urban residential areas to the extent possible and |
1427 | shall require that the local government seek to collocate public |
1428 | facilities, such as parks, libraries, and community centers, |
1429 | with schools to the extent possible and to encourage the use of |
1430 | elementary schools as focal points for neighborhoods. For |
1431 | schools serving predominantly rural counties, defined as a |
1432 | county with a population of 100,000 or fewer, an agricultural |
1433 | land use category is eligible for the location of public school |
1434 | facilities if the local comprehensive plan contains school |
1435 | siting criteria and the location is consistent with such |
1436 | criteria. |
1437 | 8. Future land use map amendments shall be based upon the |
1438 | following analyses: |
1439 | a. An analysis of the availability of facilities and |
1440 | services. |
1441 | b. An analysis of the suitability of the plan amendment |
1442 | for its proposed use considering the character of the |
1443 | undeveloped land, soils, topography, natural resources, and |
1444 | historic resources on site. |
1445 | c. An analysis of the minimum amount of land needed as |
1446 | determined by the local government. |
1447 | 9. The future land use element and any amendment to the |
1448 | future land use element shall discourage the proliferation of |
1449 | urban sprawl. |
1450 | a. The primary indicators that a plan or plan amendment |
1451 | does not discourage the proliferation of urban sprawl are listed |
1452 | below. The evaluation of the presence of these indicators shall |
1453 | consist of an analysis of the plan or plan amendment within the |
1454 | context of features and characteristics unique to each locality |
1455 | in order to determine whether the plan or plan amendment: |
1456 | (I) Promotes, allows, or designates for development |
1457 | substantial areas of the jurisdiction to develop as low- |
1458 | intensity, low-density, or single-use development or uses. |
1459 | (II) Promotes, allows, or designates significant amounts |
1460 | of urban development to occur in rural areas at substantial |
1461 | distances from existing urban areas while not using undeveloped |
1462 | lands that are available and suitable for development. |
1463 | (III) Promotes, allows, or designates urban development in |
1464 | radial, strip, isolated, or ribbon patterns generally emanating |
1465 | from existing urban developments. |
1466 | (IV) Fails to adequately protect and conserve natural |
1467 | resources, such as wetlands, floodplains, native vegetation, |
1468 | environmentally sensitive areas, natural groundwater aquifer |
1469 | recharge areas, lakes, rivers, shorelines, beaches, bays, |
1470 | estuarine systems, and other significant natural systems. |
1471 | (V) Fails to adequately protect adjacent agricultural |
1472 | areas and activities, including silviculture, active |
1473 | agricultural and silvicultural activities, passive agricultural |
1474 | activities, and dormant, unique, and prime farmlands and soils. |
1475 | (VI) Fails to maximize use of existing public facilities |
1476 | and services. |
1477 | (VII) Fails to maximize use of future public facilities |
1478 | and services. |
1479 | (VIII) Allows for land use patterns or timing which |
1480 | disproportionately increase the cost in time, money, and energy |
1481 | of providing and maintaining facilities and services, including |
1482 | roads, potable water, sanitary sewer, stormwater management, law |
1483 | enforcement, education, health care, fire and emergency |
1484 | response, and general government. |
1485 | (IX) Fails to provide a clear separation between rural and |
1486 | urban uses. |
1487 | (X) Discourages or inhibits infill development or the |
1488 | redevelopment of existing neighborhoods and communities. |
1489 | (XI) Fails to encourage a functional mix of uses. |
1490 | (XII) Results in poor accessibility among linked or |
1491 | related land uses. |
1492 | (XIII) Results in the loss of significant amounts of |
1493 | functional open space. |
1494 | b. The future land use element or plan amendment shall be |
1495 | determined to discourage the proliferation of urban sprawl if it |
1496 | incorporates a development pattern or urban form that achieves |
1497 | four or more of the following: |
1498 | (I) Directs or locates economic growth and associated land |
1499 | development to geographic areas of the community in a manner |
1500 | that does not have an adverse impact on and protects natural |
1501 | resources and ecosystems. |
1502 | (II) Promotes the efficient and cost-effective provision |
1503 | or extension of public infrastructure and services. |
1504 | (III) Promotes walkable and connected communities and |
1505 | provides for compact development and a mix of uses at densities |
1506 | and intensities that will support a range of housing choices and |
1507 | a multimodal transportation system, including pedestrian, |
1508 | bicycle, and transit, if available. |
1509 | (IV) Promotes conservation of water and energy. |
1510 | (V) Preserves agricultural areas and activities, including |
1511 | silviculture, and dormant, unique, and prime farmlands and |
1512 | soils. |
1513 | (VI) Preserves open space and natural lands and provides |
1514 | for public open space and recreation needs. |
1515 | (VII) Creates a balance of land uses based upon demands of |
1516 | residential population for the nonresidential needs of an area. |
1517 | (VIII) Provides uses, densities, and intensities of use |
1518 | and urban form that would remediate an existing or planned |
1519 | development pattern in the vicinity that constitutes sprawl or |
1520 | if it provides for an innovative development pattern such as |
1521 | transit-oriented developments or new towns as defined in s. |
1522 | 163.3164. |
1523 | 10. The future land use element shall include a future |
1524 | land use map or map series. |
1525 | a. The proposed distribution, extent, and location of the |
1526 | following uses shall be shown on the future land use map or map |
1527 | series: |
1528 | (I) Residential. |
1529 | (II) Commercial. |
1530 | (III) Industrial. |
1531 | (IV) Agricultural. |
1532 | (V) Recreational. |
1533 | (VI) Conservation. |
1534 | (VII) Educational. |
1535 | (VIII) Public. |
1536 | b. The following areas shall also be shown on the future |
1537 | land use map or map series, if applicable: |
1538 | (I) Historic district boundaries and designated |
1539 | historically significant properties. |
1540 | (II) Transportation concurrency management area boundaries |
1541 | or transportation concurrency exception area boundaries. |
1542 | (III) Multimodal transportation district boundaries. |
1543 | (IV) Mixed use categories. |
1544 | c. The following natural resources or conditions shall be |
1545 | shown on the future land use map or map series, if applicable: |
1546 | (I) Existing and planned public potable waterwells, cones |
1547 | of influence, and wellhead protection areas. |
1548 | (II) Beaches and shores, including estuarine systems. |
1549 | (III) Rivers, bays, lakes, floodplains, and harbors. |
1550 | (IV) Wetlands. |
1551 | (V) Minerals and soils. |
1552 | (VI) Coastal high hazard areas. |
1553 | 11. Local governments required to update or amend their |
1554 | comprehensive plan to include criteria and address compatibility |
1555 | of lands adjacent or closely proximate to existing military |
1556 | installations, or lands adjacent to an airport as defined in s. |
1557 | 330.35 and consistent with s. 333.02, in their future land use |
1558 | plan element shall transmit the update or amendment to the state |
1559 | land planning agency by June 30, 2012. |
1560 | (b) A transportation element addressing mobility issues in |
1561 | relationship to the size and character of the local government. |
1562 | The purpose of the transportation element shall be to plan for a |
1563 | multimodal transportation system that places emphasis on public |
1564 | transportation systems, where feasible. The element shall |
1565 | provide for a safe, convenient multimodal transportation system, |
1566 | coordinated with the future land use map or map series and |
1567 | designed to support all elements of the comprehensive plan. A |
1568 | local government that has all or part of its jurisdiction |
1569 | included within the metropolitan planning area of a metropolitan |
1570 | planning organization (M.P.O.) pursuant to s. 339.175 shall |
1571 | prepare and adopt a transportation element consistent with this |
1572 | subsection. Local governments that are not located within the |
1573 | metropolitan planning area of an M.P.O. shall address traffic |
1574 | circulation, mass transit, and ports, and aviation and related |
1575 | facilities consistent with this subsection, except that local |
1576 | governments with a population of 50,000 or less shall only be |
1577 | required to address transportation circulation. The element |
1578 | shall be coordinated with the plans and programs of any |
1579 | applicable metropolitan planning organization, transportation |
1580 | authority, Florida Transportation Plan, and Department of |
1581 | Transportation's adopted work program. |
1582 | 1. Each local government's transportation element shall |
1583 | address |
1584 | (b) A traffic circulation, including element consisting of |
1585 | the types, locations, and extent of existing and proposed major |
1586 | thoroughfares and transportation routes, including bicycle and |
1587 | pedestrian ways. Transportation corridors, as defined in s. |
1588 | 334.03, may be designated in the transportation traffic |
1589 | circulation element pursuant to s. 337.273. If the |
1590 | transportation corridors are designated, the local government |
1591 | may adopt a transportation corridor management ordinance. The |
1592 | element shall include a map or map series showing the general |
1593 | location of the existing and proposed transportation system |
1594 | features and shall be coordinated with the future land use map |
1595 | or map series. The element shall reflect the data, analysis, and |
1596 | associated principles and strategies relating to: |
1597 | a. The existing transportation system levels of service |
1598 | and system needs and the availability of transportation |
1599 | facilities and services. |
1600 | b. The growth trends and travel patterns and interactions |
1601 | between land use and transportation. |
1602 | c. Existing and projected intermodal deficiencies and |
1603 | needs. |
1604 | d. The projected transportation system levels of service |
1605 | and system needs based upon the future land use map and the |
1606 | projected integrated transportation system. |
1607 | e. How the local government will correct existing facility |
1608 | deficiencies, meet the identified needs of the projected |
1609 | transportation system, and advance the purpose of this paragraph |
1610 | and the other elements of the comprehensive plan. |
1611 | 2. Local governments within a metropolitan planning area |
1612 | designated as an M.P.O. pursuant to s. 339.175 shall also |
1613 | address: |
1614 | a. All alternative modes of travel, such as public |
1615 | transportation, pedestrian, and bicycle travel. |
1616 | b. Aviation, rail, seaport facilities, access to those |
1617 | facilities, and intermodal terminals. |
1618 | c. The capability to evacuate the coastal population |
1619 | before an impending natural disaster. |
1620 | d. Airports, projected airport and aviation development, |
1621 | and land use compatibility around airports, which includes areas |
1622 | defined in ss. 333.01 and 333.02. |
1623 | e. An identification of land use densities, building |
1624 | intensities, and transportation management programs to promote |
1625 | public transportation systems in designated public |
1626 | transportation corridors so as to encourage population densities |
1627 | sufficient to support such systems. |
1628 | 3. Municipalities having populations greater than 50,000, |
1629 | and counties having populations greater than 75,000, shall |
1630 | include mass-transit provisions showing proposed methods for the |
1631 | moving of people, rights-of-way, terminals, and related |
1632 | facilities and shall address: |
1633 | a. The provision of efficient public transit services |
1634 | based upon existing and proposed major trip generators and |
1635 | attractors, safe and convenient public transit terminals, land |
1636 | uses, and accommodation of the special needs of the |
1637 | transportation disadvantaged. |
1638 | b. Plans for port, aviation, and related facilities |
1639 | coordinated with the general circulation and transportation |
1640 | element. |
1641 | c. Plans for the circulation of recreational traffic, |
1642 | including bicycle facilities, exercise trails, riding |
1643 | facilities, and such other matters as may be related to the |
1644 | improvement and safety of movement of all types of recreational |
1645 | traffic. |
1646 | 4. At the option of a local government, an airport master |
1647 | plan, and any subsequent amendments to the airport master plan, |
1648 | prepared by a licensed publicly owned and operated airport under |
1649 | s. 333.06 may be incorporated into the local government |
1650 | comprehensive plan by the local government having jurisdiction |
1651 | under this act for the area in which the airport or projected |
1652 | airport development is located by the adoption of a |
1653 | comprehensive plan amendment. In the amendment to the local |
1654 | comprehensive plan that integrates the airport master plan, the |
1655 | comprehensive plan amendment shall address land use |
1656 | compatibility consistent with chapter 333 regarding airport |
1657 | zoning; the provision of regional transportation facilities for |
1658 | the efficient use and operation of the transportation system and |
1659 | airport; consistency with the local government transportation |
1660 | circulation element and applicable M.P.O. long-range |
1661 | transportation plans; the execution of any necessary interlocal |
1662 | agreements for the purposes of the provision of public |
1663 | facilities and services to maintain the adopted level-of-service |
1664 | standards for facilities subject to concurrency; and may address |
1665 | airport-related or aviation-related development. Development or |
1666 | expansion of an airport consistent with the adopted airport |
1667 | master plan that has been incorporated into the local |
1668 | comprehensive plan in compliance with this part, and airport- |
1669 | related or aviation-related development that has been addressed |
1670 | in the comprehensive plan amendment that incorporates the |
1671 | airport master plan, do not constitute a development of regional |
1672 | impact. Notwithstanding any other general law, an airport that |
1673 | has received a development-of-regional-impact development order |
1674 | pursuant to s. 380.06, but which is no longer required to |
1675 | undergo development-of-regional-impact review pursuant to this |
1676 | subsection, may rescind its development-of-regional-impact order |
1677 | upon written notification to the applicable local government. |
1678 | Upon receipt by the local government, the development-of- |
1679 | regional-impact development order shall be deemed rescinded. The |
1680 | traffic circulation element shall incorporate transportation |
1681 | strategies to address reduction in greenhouse gas emissions from |
1682 | the transportation sector. |
1683 | (c) A general sanitary sewer, solid waste, drainage, |
1684 | potable water, and natural groundwater aquifer recharge element |
1685 | correlated to principles and guidelines for future land use, |
1686 | indicating ways to provide for future potable water, drainage, |
1687 | sanitary sewer, solid waste, and aquifer recharge protection |
1688 | requirements for the area. The element may be a detailed |
1689 | engineering plan including a topographic map depicting areas of |
1690 | prime groundwater recharge. |
1691 | 1. Each local government shall address in the data and |
1692 | analyses required by this section those facilities that provide |
1693 | service within the local government's jurisdiction. Local |
1694 | governments that provide facilities to serve areas within other |
1695 | local government jurisdictions shall also address those |
1696 | facilities in the data and analyses required by this section, |
1697 | using data from the comprehensive plan for those areas for the |
1698 | purpose of projecting facility needs as required in this |
1699 | subsection. For shared facilities, each local government shall |
1700 | indicate the proportional capacity of the systems allocated to |
1701 | serve its jurisdiction. |
1702 | 2. The element shall describe the problems and needs and |
1703 | the general facilities that will be required for solution of the |
1704 | problems and needs, including correcting existing facility |
1705 | deficiencies. The element shall address coordinating the |
1706 | extension of, or increase in the capacity of, facilities to meet |
1707 | future needs while maximizing the use of existing facilities and |
1708 | discouraging urban sprawl; conservation of potable water |
1709 | resources; and protecting the functions of natural groundwater |
1710 | recharge areas and natural drainage features. The element shall |
1711 | also include a topographic map depicting any areas adopted by a |
1712 | regional water management district as prime groundwater recharge |
1713 | areas for the Floridan or Biscayne aquifers. These areas shall |
1714 | be given special consideration when the local government is |
1715 | engaged in zoning or considering future land use for said |
1716 | designated areas. For areas served by septic tanks, soil surveys |
1717 | shall be provided which indicate the suitability of soils for |
1718 | septic tanks. |
1719 | 3. Within 18 months after the governing board approves an |
1720 | updated regional water supply plan, the element must incorporate |
1721 | the alternative water supply project or projects selected by the |
1722 | local government from those identified in the regional water |
1723 | supply plan pursuant to s. 373.709(2)(a) or proposed by the |
1724 | local government under s. 373.709(8)(b). If a local government |
1725 | is located within two water management districts, the local |
1726 | government shall adopt its comprehensive plan amendment within |
1727 | 18 months after the later updated regional water supply plan. |
1728 | The element must identify such alternative water supply projects |
1729 | and traditional water supply projects and conservation and reuse |
1730 | necessary to meet the water needs identified in s. 373.709(2)(a) |
1731 | within the local government's jurisdiction and include a work |
1732 | plan, covering at least a 10-year planning period, for building |
1733 | public, private, and regional water supply facilities, including |
1734 | development of alternative water supplies, which are identified |
1735 | in the element as necessary to serve existing and new |
1736 | development. The work plan shall be updated, at a minimum, every |
1737 | 5 years within 18 months after the governing board of a water |
1738 | management district approves an updated regional water supply |
1739 | plan. Amendments to incorporate the work plan do not count |
1740 | toward the limitation on the frequency of adoption of amendments |
1741 | to the comprehensive plan. Local governments, public and private |
1742 | utilities, regional water supply authorities, special districts, |
1743 | and water management districts are encouraged to cooperatively |
1744 | plan for the development of multijurisdictional water supply |
1745 | facilities that are sufficient to meet projected demands for |
1746 | established planning periods, including the development of |
1747 | alternative water sources to supplement traditional sources of |
1748 | groundwater and surface water supplies. |
1749 | (d) A conservation element for the conservation, use, and |
1750 | protection of natural resources in the area, including air, |
1751 | water, water recharge areas, wetlands, waterwells, estuarine |
1752 | marshes, soils, beaches, shores, flood plains, rivers, bays, |
1753 | lakes, harbors, forests, fisheries and wildlife, marine habitat, |
1754 | minerals, and other natural and environmental resources, |
1755 | including factors that affect energy conservation. |
1756 | 1. The following natural resources, where present within |
1757 | the local government's boundaries, shall be identified and |
1758 | analyzed and existing recreational or conservation uses, known |
1759 | pollution problems, including hazardous wastes, and the |
1760 | potential for conservation, recreation, use, or protection shall |
1761 | also be identified: |
1762 | a. Rivers, bays, lakes, wetlands including estuarine |
1763 | marshes, groundwaters, and springs, including information on |
1764 | quality of the resource available. |
1765 | b. Floodplains. |
1766 | c. Known sources of commercially valuable minerals. |
1767 | d. Areas known to have experienced soil erosion problems. |
1768 | e. Areas that are the location of recreationally and |
1769 | commercially important fish or shellfish, wildlife, marine |
1770 | habitats, and vegetative communities, including forests, |
1771 | indicating known dominant species present and species listed by |
1772 | federal, state, or local government agencies as endangered, |
1773 | threatened, or species of special concern. |
1774 | 2. The element must contain principles, guidelines, and |
1775 | standards for conservation that provide long-term goals and |
1776 | which: |
1777 | a. Protects air quality. |
1778 | b. Conserves, appropriately uses, and protects the quality |
1779 | and quantity of current and projected water sources and waters |
1780 | that flow into estuarine waters or oceanic waters and protect |
1781 | from activities and land uses known to affect adversely the |
1782 | quality and quantity of identified water sources, including |
1783 | natural groundwater recharge areas, wellhead protection areas, |
1784 | and surface waters used as a source of public water supply. |
1785 | c. Provides for the emergency conservation of water |
1786 | sources in accordance with the plans of the regional water |
1787 | management district. |
1788 | d. Conserves, appropriately uses, and protects minerals, |
1789 | soils, and native vegetative communities, including forests, |
1790 | from destruction by development activities. |
1791 | e. Conserves, appropriately uses, and protects fisheries, |
1792 | wildlife, wildlife habitat, and marine habitat and restricts |
1793 | activities known to adversely affect the survival of endangered |
1794 | and threatened wildlife. |
1795 | f. Protects existing natural reservations identified in |
1796 | the recreation and open space element. |
1797 | g. Maintains cooperation with adjacent local governments |
1798 | to conserve, appropriately use, or protect unique vegetative |
1799 | communities located within more than one local jurisdiction. |
1800 | h. Designates environmentally sensitive lands for |
1801 | protection based on locally determined criteria which further |
1802 | the goals and objectives of the conservation element. |
1803 | i. Manages hazardous waste to protect natural resources. |
1804 | j. Protects and conserves wetlands and the natural |
1805 | functions of wetlands. |
1806 | k. Directs future land uses that are incompatible with the |
1807 | protection and conservation of wetlands and wetland functions |
1808 | away from wetlands. The type, intensity or density, extent, |
1809 | distribution, and location of allowable land uses and the types, |
1810 | values, functions, sizes, conditions, and locations of wetlands |
1811 | are land use factors that shall be considered when directing |
1812 | incompatible land uses away from wetlands. Land uses shall be |
1813 | distributed in a manner that minimizes the effect and impact on |
1814 | wetlands. The protection and conservation of wetlands by the |
1815 | direction of incompatible land uses away from wetlands shall |
1816 | occur in combination with other principles, guidelines, |
1817 | standards, and strategies in the comprehensive plan. Where |
1818 | incompatible land uses are allowed to occur, mitigation shall be |
1819 | considered as one means to compensate for loss of wetlands |
1820 | functions. |
1821 | 3. Local governments shall assess their Current and, as |
1822 | well as projected, water needs and sources for at least a 10- |
1823 | year period based on the demands for industrial, agricultural, |
1824 | and potable water use and the quality and quantity of water |
1825 | available to meet these demands shall be analyzed. The analysis |
1826 | shall consider the existing levels of water conservation, use, |
1827 | and protection and applicable policies of the regional water |
1828 | management district and further must consider, considering the |
1829 | appropriate regional water supply plan approved pursuant to s. |
1830 | 373.709, or, in the absence of an approved regional water supply |
1831 | plan, the district water management plan approved pursuant to s. |
1832 | 373.036(2). This information shall be submitted to the |
1833 | appropriate agencies. The land use map or map series contained |
1834 | in the future land use element shall generally identify and |
1835 | depict the following: |
1836 | 1. Existing and planned waterwells and cones of influence |
1837 | where applicable. |
1838 | 2. Beaches and shores, including estuarine systems. |
1839 | 3. Rivers, bays, lakes, flood plains, and harbors. |
1840 | 4. Wetlands. |
1841 | 5. Minerals and soils. |
1842 | 6. Energy conservation. |
1843 |
|
1844 | The land uses identified on such maps shall be consistent with |
1845 | applicable state law and rules. |
1846 | (e) A recreation and open space element indicating a |
1847 | comprehensive system of public and private sites for recreation, |
1848 | including, but not limited to, natural reservations, parks and |
1849 | playgrounds, parkways, beaches and public access to beaches, |
1850 | open spaces, waterways, and other recreational facilities. |
1851 | (f)1. A housing element consisting of standards, plans, |
1852 | and principles, guidelines, standards, and strategies to be |
1853 | followed in: |
1854 | a. The provision of housing for all current and |
1855 | anticipated future residents of the jurisdiction. |
1856 | b. The elimination of substandard dwelling conditions. |
1857 | c. The structural and aesthetic improvement of existing |
1858 | housing. |
1859 | d. The provision of adequate sites for future housing, |
1860 | including affordable workforce housing as defined in s. |
1861 | 380.0651(3)(h)(j), housing for low-income, very low-income, and |
1862 | moderate-income families, mobile homes, and group home |
1863 | facilities and foster care facilities, with supporting |
1864 | infrastructure and public facilities. |
1865 | e. Provision for relocation housing and identification of |
1866 | historically significant and other housing for purposes of |
1867 | conservation, rehabilitation, or replacement. |
1868 | f. The formulation of housing implementation programs. |
1869 | g. The creation or preservation of affordable housing to |
1870 | minimize the need for additional local services and avoid the |
1871 | concentration of affordable housing units only in specific areas |
1872 | of the jurisdiction. |
1873 | h. Energy efficiency in the design and construction of new |
1874 | housing. |
1875 | i. Use of renewable energy resources. |
1876 | j. Each county in which the gap between the buying power |
1877 | of a family of four and the median county home sale price |
1878 | exceeds $170,000, as determined by the Florida Housing Finance |
1879 | Corporation, and which is not designated as an area of critical |
1880 | state concern shall adopt a plan for ensuring affordable |
1881 | workforce housing. At a minimum, the plan shall identify |
1882 | adequate sites for such housing. For purposes of this sub- |
1883 | subparagraph, the term "workforce housing" means housing that is |
1884 | affordable to natural persons or families whose total household |
1885 | income does not exceed 140 percent of the area median income, |
1886 | adjusted for household size. |
1887 | k. As a precondition to receiving any state affordable |
1888 | housing funding or allocation for any project or program within |
1889 | the jurisdiction of a county that is subject to sub-subparagraph |
1890 | j., a county must, by July 1 of each year, provide certification |
1891 | that the county has complied with the requirements of sub- |
1892 | subparagraph j. |
1893 | 2. The principles, guidelines, standards, and strategies |
1894 | goals, objectives, and policies of the housing element must be |
1895 | based on the data and analysis prepared on housing needs, |
1896 | including an inventory taken from the latest decennial United |
1897 | States Census or more recent estimates, which shall include the |
1898 | number and distribution of dwelling units by type, tenure, age, |
1899 | rent, value, monthly cost of owner-occupied units, and rent or |
1900 | cost to income ratio, and shall show the number of dwelling |
1901 | units that are substandard. The inventory shall also include the |
1902 | methodology used to estimate the condition of housing, a |
1903 | projection of the anticipated number of households by size, |
1904 | income range, and age of residents derived from the population |
1905 | projections, and the minimum housing need of the current and |
1906 | anticipated future residents of the jurisdiction the affordable |
1907 | housing needs assessment. |
1908 | 3. The housing element must express principles, |
1909 | guidelines, standards, and strategies that reflect, as needed, |
1910 | the creation and preservation of affordable housing for all |
1911 | current and anticipated future residents of the jurisdiction, |
1912 | elimination of substandard housing conditions, adequate sites, |
1913 | and distribution of housing for a range of incomes and types, |
1914 | including mobile and manufactured homes. The element must |
1915 | provide for specific programs and actions to partner with |
1916 | private and nonprofit sectors to address housing needs in the |
1917 | jurisdiction, streamline the permitting process, and minimize |
1918 | costs and delays for affordable housing, establish standards to |
1919 | address the quality of housing, stabilization of neighborhoods, |
1920 | and identification and improvement of historically significant |
1921 | housing. |
1922 | 4. State and federal housing plans prepared on behalf of |
1923 | the local government must be consistent with the goals, |
1924 | objectives, and policies of the housing element. Local |
1925 | governments are encouraged to use job training, job creation, |
1926 | and economic solutions to address a portion of their affordable |
1927 | housing concerns. |
1928 | 2. To assist local governments in housing data collection |
1929 | and analysis and assure uniform and consistent information |
1930 | regarding the state's housing needs, the state land planning |
1931 | agency shall conduct an affordable housing needs assessment for |
1932 | all local jurisdictions on a schedule that coordinates the |
1933 | implementation of the needs assessment with the evaluation and |
1934 | appraisal reports required by s. 163.3191. Each local government |
1935 | shall utilize the data and analysis from the needs assessment as |
1936 | one basis for the housing element of its local comprehensive |
1937 | plan. The agency shall allow a local government the option to |
1938 | perform its own needs assessment, if it uses the methodology |
1939 | established by the agency by rule. |
1940 | (g)1. For those units of local government identified in s. |
1941 | 380.24, a coastal management element, appropriately related to |
1942 | the particular requirements of paragraphs (d) and (e) and |
1943 | meeting the requirements of s. 163.3178(2) and (3). The coastal |
1944 | management element shall set forth the principles, guidelines, |
1945 | standards, and strategies policies that shall guide the local |
1946 | government's decisions and program implementation with respect |
1947 | to the following objectives: |
1948 | 1.a. Maintain, restore, and enhance Maintenance, |
1949 | restoration, and enhancement of the overall quality of the |
1950 | coastal zone environment, including, but not limited to, its |
1951 | amenities and aesthetic values. |
1952 | 2.b. Preserve the continued existence of viable |
1953 | populations of all species of wildlife and marine life. |
1954 | 3.c. Protect the orderly and balanced utilization and |
1955 | preservation, consistent with sound conservation principles, of |
1956 | all living and nonliving coastal zone resources. |
1957 | 4.d. Avoid Avoidance of irreversible and irretrievable |
1958 | loss of coastal zone resources. |
1959 | 5.e. Use ecological planning principles and assumptions to |
1960 | be used in the determination of the suitability and extent of |
1961 | permitted development. |
1962 | f. Proposed management and regulatory techniques. |
1963 | 6.g. Limit Limitation of public expenditures that |
1964 | subsidize development in high-hazard coastal high-hazard areas. |
1965 | 7.h. Protect Protection of human life against the effects |
1966 | of natural disasters. |
1967 | 8.i. Direct the orderly development, maintenance, and use |
1968 | of ports identified in s. 403.021(9) to facilitate deepwater |
1969 | commercial navigation and other related activities. |
1970 | 9.j. Preserve historic and archaeological resources, which |
1971 | include the Preservation, including sensitive adaptive use of |
1972 | these historic and archaeological resources. |
1973 | 10. At the option of the local government, develop an |
1974 | adaptation action area designation for those low-lying coastal |
1975 | zones that are experiencing coastal flooding due to extreme high |
1976 | tides and storm surge and are vulnerable to the impacts of |
1977 | rising sea level. Local governments that adopt an adaptation |
1978 | action area may consider policies within the coastal management |
1979 | element to improve resilience to coastal flooding resulting from |
1980 | high-tide events, storm surge, flash floods, stormwater runoff, |
1981 | and related impacts of sea level rise. Criteria for the |
1982 | adaptation action area may include, but need not be limited to, |
1983 | areas for which the land elevations are below, at, or near mean |
1984 | higher high water, which have an hydrologic connection to |
1985 | coastal waters, or which are designated as evacuation zones for |
1986 | storm surge. |
1987 | 2. As part of this element, a local government that has a |
1988 | coastal management element in its comprehensive plan is |
1989 | encouraged to adopt recreational surface water use policies that |
1990 | include applicable criteria for and consider such factors as |
1991 | natural resources, manatee protection needs, protection of |
1992 | working waterfronts and public access to the water, and |
1993 | recreation and economic demands. Criteria for manatee protection |
1994 | in the recreational surface water use policies should reflect |
1995 | applicable guidance outlined in the Boat Facility Siting Guide |
1996 | prepared by the Fish and Wildlife Conservation Commission. If |
1997 | the local government elects to adopt recreational surface water |
1998 | use policies by comprehensive plan amendment, such comprehensive |
1999 | plan amendment is exempt from the provisions of s. 163.3187(1). |
2000 | Local governments that wish to adopt recreational surface water |
2001 | use policies may be eligible for assistance with the development |
2002 | of such policies through the Florida Coastal Management Program. |
2003 | The Office of Program Policy Analysis and Government |
2004 | Accountability shall submit a report on the adoption of |
2005 | recreational surface water use policies under this subparagraph |
2006 | to the President of the Senate, the Speaker of the House of |
2007 | Representatives, and the majority and minority leaders of the |
2008 | Senate and the House of Representatives no later than December |
2009 | 1, 2010. |
2010 | (h)1. An intergovernmental coordination element showing |
2011 | relationships and stating principles and guidelines to be used |
2012 | in coordinating the adopted comprehensive plan with the plans of |
2013 | school boards, regional water supply authorities, and other |
2014 | units of local government providing services but not having |
2015 | regulatory authority over the use of land, with the |
2016 | comprehensive plans of adjacent municipalities, the county, |
2017 | adjacent counties, or the region, with the state comprehensive |
2018 | plan and with the applicable regional water supply plan approved |
2019 | pursuant to s. 373.709, as the case may require and as such |
2020 | adopted plans or plans in preparation may exist. This element of |
2021 | the local comprehensive plan must demonstrate consideration of |
2022 | the particular effects of the local plan, when adopted, upon the |
2023 | development of adjacent municipalities, the county, adjacent |
2024 | counties, or the region, or upon the state comprehensive plan, |
2025 | as the case may require. |
2026 | a. The intergovernmental coordination element must provide |
2027 | procedures for identifying and implementing joint planning |
2028 | areas, especially for the purpose of annexation, municipal |
2029 | incorporation, and joint infrastructure service areas. |
2030 | b. The intergovernmental coordination element must provide |
2031 | for recognition of campus master plans prepared pursuant to s. |
2032 | 1013.30 and airport master plans under paragraph (k). |
2033 | c. The intergovernmental coordination element shall |
2034 | provide for a dispute resolution process, as established |
2035 | pursuant to s. 186.509, for bringing intergovernmental disputes |
2036 | to closure in a timely manner. |
2037 | c.d. The intergovernmental coordination element shall |
2038 | provide for interlocal agreements as established pursuant to s. |
2039 | 333.03(1)(b). |
2040 | 2. The intergovernmental coordination element shall also |
2041 | state principles and guidelines to be used in coordinating the |
2042 | adopted comprehensive plan with the plans of school boards and |
2043 | other units of local government providing facilities and |
2044 | services but not having regulatory authority over the use of |
2045 | land. In addition, the intergovernmental coordination element |
2046 | must describe joint processes for collaborative planning and |
2047 | decisionmaking on population projections and public school |
2048 | siting, the location and extension of public facilities subject |
2049 | to concurrency, and siting facilities with countywide |
2050 | significance, including locally unwanted land uses whose nature |
2051 | and identity are established in an agreement. |
2052 | 3. Within 1 year after adopting their intergovernmental |
2053 | coordination elements, each county, all the municipalities |
2054 | within that county, the district school board, and any unit of |
2055 | local government service providers in that county shall |
2056 | establish by interlocal or other formal agreement executed by |
2057 | all affected entities, the joint processes described in this |
2058 | subparagraph consistent with their adopted intergovernmental |
2059 | coordination elements. The element must: |
2060 | a. Ensure that the local government addresses through |
2061 | coordination mechanisms the impacts of development proposed in |
2062 | the local comprehensive plan upon development in adjacent |
2063 | municipalities, the county, adjacent counties, the region, and |
2064 | the state. The area of concern for municipalities shall include |
2065 | adjacent municipalities, the county, and counties adjacent to |
2066 | the municipality. The area of concern for counties shall include |
2067 | all municipalities within the county, adjacent counties, and |
2068 | adjacent municipalities. |
2069 | b. Ensure coordination in establishing level of service |
2070 | standards for public facilities with any state, regional, or |
2071 | local entity having operational and maintenance responsibility |
2072 | for such facilities. |
2073 | 3. To foster coordination between special districts and |
2074 | local general-purpose governments as local general-purpose |
2075 | governments implement local comprehensive plans, each |
2076 | independent special district must submit a public facilities |
2077 | report to the appropriate local government as required by s. |
2078 | 189.415. |
2079 | 4. Local governments shall execute an interlocal agreement |
2080 | with the district school board, the county, and nonexempt |
2081 | municipalities pursuant to s. 163.31777. The local government |
2082 | shall amend the intergovernmental coordination element to ensure |
2083 | that coordination between the local government and school board |
2084 | is pursuant to the agreement and shall state the obligations of |
2085 | the local government under the agreement. Plan amendments that |
2086 | comply with this subparagraph are exempt from the provisions of |
2087 | s. 163.3187(1). |
2088 | 5. By January 1, 2004, any county having a population |
2089 | greater than 100,000, and the municipalities and special |
2090 | districts within that county, shall submit a report to the |
2091 | Department of Community Affairs which identifies: |
2092 | a. All existing or proposed interlocal service delivery |
2093 | agreements relating to education; sanitary sewer; public safety; |
2094 | solid waste; drainage; potable water; parks and recreation; and |
2095 | transportation facilities. |
2096 | b. Any deficits or duplication in the provision of |
2097 | services within its jurisdiction, whether capital or |
2098 | operational. Upon request, the Department of Community Affairs |
2099 | shall provide technical assistance to the local governments in |
2100 | identifying deficits or duplication. |
2101 | 6. Within 6 months after submission of the report, the |
2102 | Department of Community Affairs shall, through the appropriate |
2103 | regional planning council, coordinate a meeting of all local |
2104 | governments within the regional planning area to discuss the |
2105 | reports and potential strategies to remedy any identified |
2106 | deficiencies or duplications. |
2107 | 7. Each local government shall update its |
2108 | intergovernmental coordination element based upon the findings |
2109 | in the report submitted pursuant to subparagraph 5. The report |
2110 | may be used as supporting data and analysis for the |
2111 | intergovernmental coordination element. |
2112 | (i) The optional elements of the comprehensive plan in |
2113 | paragraphs (7)(a) and (b) are required elements for those |
2114 | municipalities having populations greater than 50,000, and those |
2115 | counties having populations greater than 75,000, as determined |
2116 | under s. 186.901. |
2117 | (j) For each unit of local government within an urbanized |
2118 | area designated for purposes of s. 339.175, a transportation |
2119 | element, which must be prepared and adopted in lieu of the |
2120 | requirements of paragraph (b) and paragraphs (7)(a), (b), (c), |
2121 | and (d) and which shall address the following issues: |
2122 | 1. Traffic circulation, including major thoroughfares and |
2123 | other routes, including bicycle and pedestrian ways. |
2124 | 2. All alternative modes of travel, such as public |
2125 | transportation, pedestrian, and bicycle travel. |
2126 | 3. Parking facilities. |
2127 | 4. Aviation, rail, seaport facilities, access to those |
2128 | facilities, and intermodal terminals. |
2129 | 5. The availability of facilities and services to serve |
2130 | existing land uses and the compatibility between future land use |
2131 | and transportation elements. |
2132 | 6. The capability to evacuate the coastal population prior |
2133 | to an impending natural disaster. |
2134 | 7. Airports, projected airport and aviation development, |
2135 | and land use compatibility around airports, which includes areas |
2136 | defined in ss. 333.01 and 333.02. |
2137 | 8. An identification of land use densities, building |
2138 | intensities, and transportation management programs to promote |
2139 | public transportation systems in designated public |
2140 | transportation corridors so as to encourage population densities |
2141 | sufficient to support such systems. |
2142 | 9. May include transportation corridors, as defined in s. |
2143 | 334.03, intended for future transportation facilities designated |
2144 | pursuant to s. 337.273. If transportation corridors are |
2145 | designated, the local government may adopt a transportation |
2146 | corridor management ordinance. |
2147 | 10. The incorporation of transportation strategies to |
2148 | address reduction in greenhouse gas emissions from the |
2149 | transportation sector. |
2150 | (k) An airport master plan, and any subsequent amendments |
2151 | to the airport master plan, prepared by a licensed publicly |
2152 | owned and operated airport under s. 333.06 may be incorporated |
2153 | into the local government comprehensive plan by the local |
2154 | government having jurisdiction under this act for the area in |
2155 | which the airport or projected airport development is located by |
2156 | the adoption of a comprehensive plan amendment. In the amendment |
2157 | to the local comprehensive plan that integrates the airport |
2158 | master plan, the comprehensive plan amendment shall address land |
2159 | use compatibility consistent with chapter 333 regarding airport |
2160 | zoning; the provision of regional transportation facilities for |
2161 | the efficient use and operation of the transportation system and |
2162 | airport; consistency with the local government transportation |
2163 | circulation element and applicable metropolitan planning |
2164 | organization long-range transportation plans; and the execution |
2165 | of any necessary interlocal agreements for the purposes of the |
2166 | provision of public facilities and services to maintain the |
2167 | adopted level-of-service standards for facilities subject to |
2168 | concurrency; and may address airport-related or aviation-related |
2169 | development. Development or expansion of an airport consistent |
2170 | with the adopted airport master plan that has been incorporated |
2171 | into the local comprehensive plan in compliance with this part, |
2172 | and airport-related or aviation-related development that has |
2173 | been addressed in the comprehensive plan amendment that |
2174 | incorporates the airport master plan, shall not be a development |
2175 | of regional impact. Notwithstanding any other general law, an |
2176 | airport that has received a development-of-regional-impact |
2177 | development order pursuant to s. 380.06, but which is no longer |
2178 | required to undergo development-of-regional-impact review |
2179 | pursuant to this subsection, may abandon its development-of- |
2180 | regional-impact order upon written notification to the |
2181 | applicable local government. Upon receipt by the local |
2182 | government, the development-of-regional-impact development order |
2183 | is void. |
2184 | (7) The comprehensive plan may include the following |
2185 | additional elements, or portions or phases thereof: |
2186 | (a) As a part of the circulation element of paragraph |
2187 | (6)(b) or as a separate element, a mass-transit element showing |
2188 | proposed methods for the moving of people, rights-of-way, |
2189 | terminals, related facilities, and fiscal considerations for the |
2190 | accomplishment of the element. |
2191 | (b) As a part of the circulation element of paragraph |
2192 | (6)(b) or as a separate element, plans for port, aviation, and |
2193 | related facilities coordinated with the general circulation and |
2194 | transportation element. |
2195 | (c) As a part of the circulation element of paragraph |
2196 | (6)(b) and in coordination with paragraph (6)(e), where |
2197 | applicable, a plan element for the circulation of recreational |
2198 | traffic, including bicycle facilities, exercise trails, riding |
2199 | facilities, and such other matters as may be related to the |
2200 | improvement and safety of movement of all types of recreational |
2201 | traffic. |
2202 | (d) As a part of the circulation element of paragraph |
2203 | (6)(b) or as a separate element, a plan element for the |
2204 | development of offstreet parking facilities for motor vehicles |
2205 | and the fiscal considerations for the accomplishment of the |
2206 | element. |
2207 | (e) A public buildings and related facilities element |
2208 | showing locations and arrangements of civic and community |
2209 | centers, public schools, hospitals, libraries, police and fire |
2210 | stations, and other public buildings. This plan element should |
2211 | show particularly how it is proposed to effect coordination with |
2212 | governmental units, such as school boards or hospital |
2213 | authorities, having public development and service |
2214 | responsibilities, capabilities, and potential but not having |
2215 | land development regulatory authority. This element may include |
2216 | plans for architecture and landscape treatment of their grounds. |
2217 | (f) A recommended community design element which may |
2218 | consist of design recommendations for land subdivision, |
2219 | neighborhood development and redevelopment, design of open space |
2220 | locations, and similar matters to the end that such |
2221 | recommendations may be available as aids and guides to |
2222 | developers in the future planning and development of land in the |
2223 | area. |
2224 | (g) A general area redevelopment element consisting of |
2225 | plans and programs for the redevelopment of slums and blighted |
2226 | locations in the area and for community redevelopment, including |
2227 | housing sites, business and industrial sites, public buildings |
2228 | sites, recreational facilities, and other purposes authorized by |
2229 | law. |
2230 | (h) A safety element for the protection of residents and |
2231 | property of the area from fire, hurricane, or manmade or natural |
2232 | catastrophe, including such necessary features for protection as |
2233 | evacuation routes and their control in an emergency, water |
2234 | supply requirements, minimum road widths, clearances around and |
2235 | elevations of structures, and similar matters. |
2236 | (i) An historical and scenic preservation element setting |
2237 | out plans and programs for those structures or lands in the area |
2238 | having historical, archaeological, architectural, scenic, or |
2239 | similar significance. |
2240 | (j) An economic element setting forth principles and |
2241 | guidelines for the commercial and industrial development, if |
2242 | any, and the employment and personnel utilization within the |
2243 | area. The element may detail the type of commercial and |
2244 | industrial development sought, correlated to the present and |
2245 | projected employment needs of the area and to other elements of |
2246 | the plans, and may set forth methods by which a balanced and |
2247 | stable economic base will be pursued. |
2248 | (k) Such other elements as may be peculiar to, and |
2249 | necessary for, the area concerned and as are added to the |
2250 | comprehensive plan by the governing body upon the recommendation |
2251 | of the local planning agency. |
2252 | (l) Local governments that are not required to prepare |
2253 | coastal management elements under s. 163.3178 are encouraged to |
2254 | adopt hazard mitigation/postdisaster redevelopment plans. These |
2255 | plans should, at a minimum, establish long-term policies |
2256 | regarding redevelopment, infrastructure, densities, |
2257 | nonconforming uses, and future land use patterns. Grants to |
2258 | assist local governments in the preparation of these hazard |
2259 | mitigation/postdisaster redevelopment plans shall be available |
2260 | through the Emergency Management Preparedness and Assistance |
2261 | Account in the Grants and Donations Trust Fund administered by |
2262 | the department, if such account is created by law. The plans |
2263 | must be in compliance with the requirements of this act and |
2264 | chapter 252. |
2265 | (8) All elements of the comprehensive plan, whether |
2266 | mandatory or optional, shall be based upon data appropriate to |
2267 | the element involved. Surveys and studies utilized in the |
2268 | preparation of the comprehensive plan shall not be deemed a part |
2269 | of the comprehensive plan unless adopted as a part of it. Copies |
2270 | of such studies, surveys, and supporting documents shall be made |
2271 | available to public inspection, and copies of such plans shall |
2272 | be made available to the public upon payment of reasonable |
2273 | charges for reproduction. |
2274 | (9) The state land planning agency shall, by February 15, |
2275 | 1986, adopt by rule minimum criteria for the review and |
2276 | determination of compliance of the local government |
2277 | comprehensive plan elements required by this act. Such rules |
2278 | shall not be subject to rule challenges under s. 120.56(2) or to |
2279 | drawout proceedings under s. 120.54(3)(c)2. Such rules shall |
2280 | become effective only after they have been submitted to the |
2281 | President of the Senate and the Speaker of the House of |
2282 | Representatives for review by the Legislature no later than 30 |
2283 | days prior to the next regular session of the Legislature. In |
2284 | its review the Legislature may reject, modify, or take no action |
2285 | relative to the rules. The agency shall conform the rules to the |
2286 | changes made by the Legislature, or, if no action was taken, the |
2287 | agency rules shall become effective. The rule shall include |
2288 | criteria for determining whether: |
2289 | (a) Proposed elements are in compliance with the |
2290 | requirements of part II, as amended by this act. |
2291 | (b) Other elements of the comprehensive plan are related |
2292 | to and consistent with each other. |
2293 | (c) The local government comprehensive plan elements are |
2294 | consistent with the state comprehensive plan and the appropriate |
2295 | regional policy plan pursuant to s. 186.508. |
2296 | (d) Certain bays, estuaries, and harbors that fall under |
2297 | the jurisdiction of more than one local government are managed |
2298 | in a consistent and coordinated manner in the case of local |
2299 | governments required to include a coastal management element in |
2300 | their comprehensive plans pursuant to paragraph (6)(g). |
2301 | (e) Proposed elements identify the mechanisms and |
2302 | procedures for monitoring, evaluating, and appraising |
2303 | implementation of the plan. Specific measurable objectives are |
2304 | included to provide a basis for evaluating effectiveness as |
2305 | required by s. 163.3191. |
2306 | (f) Proposed elements contain policies to guide future |
2307 | decisions in a consistent manner. |
2308 | (g) Proposed elements contain programs and activities to |
2309 | ensure that comprehensive plans are implemented. |
2310 | (h) Proposed elements identify the need for and the |
2311 | processes and procedures to ensure coordination of all |
2312 | development activities and services with other units of local |
2313 | government, regional planning agencies, water management |
2314 | districts, and state and federal agencies as appropriate. |
2315 |
|
2316 | The state land planning agency may adopt procedural rules that |
2317 | are consistent with this section and chapter 120 for the review |
2318 | of local government comprehensive plan elements required under |
2319 | this section. The state land planning agency shall provide model |
2320 | plans and ordinances and, upon request, other assistance to |
2321 | local governments in the adoption and implementation of their |
2322 | revised local government comprehensive plans. The review and |
2323 | comment provisions applicable prior to October 1, 1985, shall |
2324 | continue in effect until the criteria for review and |
2325 | determination are adopted pursuant to this subsection and the |
2326 | comprehensive plans required by s. 163.3167(2) are due. |
2327 | (10) The Legislature recognizes the importance and |
2328 | significance of chapter 9J-5, Florida Administrative Code, the |
2329 | Minimum Criteria for Review of Local Government Comprehensive |
2330 | Plans and Determination of Compliance of the Department of |
2331 | Community Affairs that will be used to determine compliance of |
2332 | local comprehensive plans. The Legislature reserved unto itself |
2333 | the right to review chapter 9J-5, Florida Administrative Code, |
2334 | and to reject, modify, or take no action relative to this rule. |
2335 | Therefore, pursuant to subsection (9), the Legislature hereby |
2336 | has reviewed chapter 9J-5, Florida Administrative Code, and |
2337 | expresses the following legislative intent: |
2338 | (a) The Legislature finds that in order for the department |
2339 | to review local comprehensive plans, it is necessary to define |
2340 | the term "consistency." Therefore, for the purpose of |
2341 | determining whether local comprehensive plans are consistent |
2342 | with the state comprehensive plan and the appropriate regional |
2343 | policy plan, a local plan shall be consistent with such plans if |
2344 | the local plan is "compatible with" and "furthers" such plans. |
2345 | The term "compatible with" means that the local plan is not in |
2346 | conflict with the state comprehensive plan or appropriate |
2347 | regional policy plan. The term "furthers" means to take action |
2348 | in the direction of realizing goals or policies of the state or |
2349 | regional plan. For the purposes of determining consistency of |
2350 | the local plan with the state comprehensive plan or the |
2351 | appropriate regional policy plan, the state or regional plan |
2352 | shall be construed as a whole and no specific goal and policy |
2353 | shall be construed or applied in isolation from the other goals |
2354 | and policies in the plans. |
2355 | (b) Each local government shall review all the state |
2356 | comprehensive plan goals and policies and shall address in its |
2357 | comprehensive plan the goals and policies which are relevant to |
2358 | the circumstances or conditions in its jurisdiction. The |
2359 | decision regarding which particular state comprehensive plan |
2360 | goals and policies will be furthered by the expenditure of a |
2361 | local government's financial resources in any given year is a |
2362 | decision which rests solely within the discretion of the local |
2363 | government. Intergovernmental coordination, as set forth in |
2364 | paragraph (6)(h), shall be utilized to the extent required to |
2365 | carry out the provisions of chapter 9J-5, Florida Administrative |
2366 | Code. |
2367 | (c) The Legislature declares that if any portion of |
2368 | chapter 9J-5, Florida Administrative Code, is found to be in |
2369 | conflict with this part, the appropriate statutory provision |
2370 | shall prevail. |
2371 | (d) Chapter 9J-5, Florida Administrative Code, does not |
2372 | mandate the creation, limitation, or elimination of regulatory |
2373 | authority, nor does it authorize the adoption or require the |
2374 | repeal of any rules, criteria, or standards of any local, |
2375 | regional, or state agency. |
2376 | (e) It is the Legislature's intent that support data or |
2377 | summaries thereof shall not be subject to the compliance review |
2378 | process, but the Legislature intends that goals and policies be |
2379 | clearly based on appropriate data. The department may utilize |
2380 | support data or summaries thereof to aid in its determination of |
2381 | compliance and consistency. The Legislature intends that the |
2382 | department may evaluate the application of a methodology |
2383 | utilized in data collection or whether a particular methodology |
2384 | is professionally accepted. However, the department shall not |
2385 | evaluate whether one accepted methodology is better than |
2386 | another. Chapter 9J-5, Florida Administrative Code, shall not be |
2387 | construed to require original data collection by local |
2388 | governments; however, Local governments are not to be |
2389 | discouraged from utilizing original data so long as |
2390 | methodologies are professionally accepted. |
2391 | (f) The Legislature recognizes that under this section, |
2392 | local governments are charged with setting levels of service for |
2393 | public facilities in their comprehensive plans in accordance |
2394 | with which development orders and permits will be issued |
2395 | pursuant to s. 163.3202(2)(g). Nothing herein shall supersede |
2396 | the authority of state, regional, or local agencies as otherwise |
2397 | provided by law. |
2398 | (g) Definitions contained in chapter 9J-5, Florida |
2399 | Administrative Code, are not intended to modify or amend the |
2400 | definitions utilized for purposes of other programs or rules or |
2401 | to establish or limit regulatory authority. Local governments |
2402 | may establish alternative definitions in local comprehensive |
2403 | plans, as long as such definitions accomplish the intent of this |
2404 | chapter, and chapter 9J-5, Florida Administrative Code. |
2405 | (h) It is the intent of the Legislature that public |
2406 | facilities and services needed to support development shall be |
2407 | available concurrent with the impacts of such development in |
2408 | accordance with s. 163.3180. In meeting this intent, public |
2409 | facility and service availability shall be deemed sufficient if |
2410 | the public facilities and services for a development are phased, |
2411 | or the development is phased, so that the public facilities and |
2412 | those related services which are deemed necessary by the local |
2413 | government to operate the facilities necessitated by that |
2414 | development are available concurrent with the impacts of the |
2415 | development. The public facilities and services, unless already |
2416 | available, are to be consistent with the capital improvements |
2417 | element of the local comprehensive plan as required by paragraph |
2418 | (3)(a) or guaranteed in an enforceable development agreement. |
2419 | This shall include development agreements pursuant to this |
2420 | chapter or in an agreement or a development order issued |
2421 | pursuant to chapter 380. Nothing herein shall be construed to |
2422 | require a local government to address services in its capital |
2423 | improvements plan or to limit a local government's ability to |
2424 | address any service in its capital improvements plan that it |
2425 | deems necessary. |
2426 | (i) The department shall take into account the factors |
2427 | delineated in rule 9J-5.002(2), Florida Administrative Code, as |
2428 | it provides assistance to local governments and applies the rule |
2429 | in specific situations with regard to the detail of the data and |
2430 | analysis required. |
2431 | (j) Chapter 9J-5, Florida Administrative Code, has become |
2432 | effective pursuant to subsection (9). The Legislature hereby |
2433 | directs the department to adopt amendments as necessary which |
2434 | conform chapter 9J-5, Florida Administrative Code, with the |
2435 | requirements of this legislative intent by October 1, 1986. |
2436 | (k) In order for local governments to prepare and adopt |
2437 | comprehensive plans with knowledge of the rules that are applied |
2438 | to determine consistency of the plans with this part, there |
2439 | should be no doubt as to the legal standing of chapter 9J-5, |
2440 | Florida Administrative Code, at the close of the 1986 |
2441 | legislative session. Therefore, the Legislature declares that |
2442 | changes made to chapter 9J-5 before October 1, 1986, are not |
2443 | subject to rule challenges under s. 120.56(2), or to drawout |
2444 | proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5, |
2445 | Florida Administrative Code, as amended, is subject to rule |
2446 | challenges under s. 120.56(3), as nothing herein indicates |
2447 | approval or disapproval of any portion of chapter 9J-5 not |
2448 | specifically addressed herein. Any amendments to chapter 9J-5, |
2449 | Florida Administrative Code, exclusive of the amendments adopted |
2450 | prior to October 1, 1986, pursuant to this act, shall be subject |
2451 | to the full chapter 120 process. All amendments shall have |
2452 | effective dates as provided in chapter 120 and submission to the |
2453 | President of the Senate and Speaker of the House of |
2454 | Representatives shall not be required. |
2455 | (l) The state land planning agency shall consider land use |
2456 | compatibility issues in the vicinity of all airports in |
2457 | coordination with the Department of Transportation and adjacent |
2458 | to or in close proximity to all military installations in |
2459 | coordination with the Department of Defense. |
2460 | (11)(a) The Legislature recognizes the need for innovative |
2461 | planning and development strategies which will address the |
2462 | anticipated demands of continued urbanization of Florida's |
2463 | coastal and other environmentally sensitive areas, and which |
2464 | will accommodate the development of less populated regions of |
2465 | the state which seek economic development and which have |
2466 | suitable land and water resources to accommodate growth in an |
2467 | environmentally acceptable manner. The Legislature further |
2468 | recognizes the substantial advantages of innovative approaches |
2469 | to development which may better serve to protect environmentally |
2470 | sensitive areas, maintain the economic viability of agricultural |
2471 | and other predominantly rural land uses, and provide for the |
2472 | cost-efficient delivery of public facilities and services. |
2473 | (b) It is the intent of the Legislature that the local |
2474 | government comprehensive plans and plan amendments adopted |
2475 | pursuant to the provisions of this part provide for a planning |
2476 | process which allows for land use efficiencies within existing |
2477 | urban areas and which also allows for the conversion of rural |
2478 | lands to other uses, where appropriate and consistent with the |
2479 | other provisions of this part and the affected local |
2480 | comprehensive plans, through the application of innovative and |
2481 | flexible planning and development strategies and creative land |
2482 | use planning techniques, which may include, but not be limited |
2483 | to, urban villages, new towns, satellite communities, area-based |
2484 | allocations, clustering and open space provisions, mixed-use |
2485 | development, and sector planning. |
2486 | (c) It is the further intent of the Legislature that local |
2487 | government comprehensive plans and implementing land development |
2488 | regulations shall provide strategies which maximize the use of |
2489 | existing facilities and services through redevelopment, urban |
2490 | infill development, and other strategies for urban |
2491 | revitalization. |
2492 | (d)1. The department, in cooperation with the Department |
2493 | of Agriculture and Consumer Services, the Department of |
2494 | Environmental Protection, water management districts, and |
2495 | regional planning councils, shall provide assistance to local |
2496 | governments in the implementation of this paragraph and rule 9J- |
2497 | 5.006(5)(l), Florida Administrative Code. Implementation of |
2498 | those provisions shall include a process by which the department |
2499 | may authorize local governments to designate all or portions of |
2500 | lands classified in the future land use element as predominantly |
2501 | agricultural, rural, open, open-rural, or a substantively |
2502 | equivalent land use, as a rural land stewardship area within |
2503 | which planning and economic incentives are applied to encourage |
2504 | the implementation of innovative and flexible planning and |
2505 | development strategies and creative land use planning |
2506 | techniques, including those contained herein and in rule 9J- |
2507 | 5.006(5)(l), Florida Administrative Code. Assistance may |
2508 | include, but is not limited to: |
2509 | a. Assistance from the Department of Environmental |
2510 | Protection and water management districts in creating the |
2511 | geographic information systems land cover database and aerial |
2512 | photogrammetry needed to prepare for a rural land stewardship |
2513 | area; |
2514 | b. Support for local government implementation of rural |
2515 | land stewardship concepts by providing information and |
2516 | assistance to local governments regarding land acquisition |
2517 | programs that may be used by the local government or landowners |
2518 | to leverage the protection of greater acreage and maximize the |
2519 | effectiveness of rural land stewardship areas; and |
2520 | c. Expansion of the role of the Department of Community |
2521 | Affairs as a resource agency to facilitate establishment of |
2522 | rural land stewardship areas in smaller rural counties that do |
2523 | not have the staff or planning budgets to create a rural land |
2524 | stewardship area. |
2525 | 2. The department shall encourage participation by local |
2526 | governments of different sizes and rural characteristics in |
2527 | establishing and implementing rural land stewardship areas. It |
2528 | is the intent of the Legislature that rural land stewardship |
2529 | areas be used to further the following broad principles of rural |
2530 | sustainability: restoration and maintenance of the economic |
2531 | value of rural land; control of urban sprawl; identification and |
2532 | protection of ecosystems, habitats, and natural resources; |
2533 | promotion of rural economic activity; maintenance of the |
2534 | viability of Florida's agricultural economy; and protection of |
2535 | the character of rural areas of Florida. Rural land stewardship |
2536 | areas may be multicounty in order to encourage coordinated |
2537 | regional stewardship planning. |
2538 | 3. A local government, in conjunction with a regional |
2539 | planning council, a stakeholder organization of private land |
2540 | owners, or another local government, shall notify the department |
2541 | in writing of its intent to designate a rural land stewardship |
2542 | area. The written notification shall describe the basis for the |
2543 | designation, including the extent to which the rural land |
2544 | stewardship area enhances rural land values, controls urban |
2545 | sprawl, provides necessary open space for agriculture and |
2546 | protection of the natural environment, promotes rural economic |
2547 | activity, and maintains rural character and the economic |
2548 | viability of agriculture. |
2549 | 4. A rural land stewardship area shall be not less than |
2550 | 10,000 acres and shall be located outside of municipalities and |
2551 | established urban growth boundaries, and shall be designated by |
2552 | plan amendment. The plan amendment designating a rural land |
2553 | stewardship area shall be subject to review by the Department of |
2554 | Community Affairs pursuant to s. 163.3184 and shall provide for |
2555 | the following: |
2556 | a. Criteria for the designation of receiving areas within |
2557 | rural land stewardship areas in which innovative planning and |
2558 | development strategies may be applied. Criteria shall at a |
2559 | minimum provide for the following: adequacy of suitable land to |
2560 | accommodate development so as to avoid conflict with |
2561 | environmentally sensitive areas, resources, and habitats; |
2562 | compatibility between and transition from higher density uses to |
2563 | lower intensity rural uses; the establishment of receiving area |
2564 | service boundaries which provide for a separation between |
2565 | receiving areas and other land uses within the rural land |
2566 | stewardship area through limitations on the extension of |
2567 | services; and connection of receiving areas with the rest of the |
2568 | rural land stewardship area using rural design and rural road |
2569 | corridors. |
2570 | b. Goals, objectives, and policies setting forth the |
2571 | innovative planning and development strategies to be applied |
2572 | within rural land stewardship areas pursuant to the provisions |
2573 | of this section. |
2574 | c. A process for the implementation of innovative planning |
2575 | and development strategies within the rural land stewardship |
2576 | area, including those described in this subsection and rule 9J- |
2577 | 5.006(5)(l), Florida Administrative Code, which provide for a |
2578 | functional mix of land uses, including adequate available |
2579 | workforce housing, including low, very-low and moderate income |
2580 | housing for the development anticipated in the receiving area |
2581 | and which are applied through the adoption by the local |
2582 | government of zoning and land development regulations applicable |
2583 | to the rural land stewardship area. |
2584 | d. A process which encourages visioning pursuant to s. |
2585 | 163.3167(11) to ensure that innovative planning and development |
2586 | strategies comply with the provisions of this section. |
2587 | e. The control of sprawl through the use of innovative |
2588 | strategies and creative land use techniques consistent with the |
2589 | provisions of this subsection and rule 9J-5.006(5)(l), Florida |
2590 | Administrative Code. |
2591 | 5. A receiving area shall be designated by the adoption of |
2592 | a land development regulation. Prior to the designation of a |
2593 | receiving area, the local government shall provide the |
2594 | Department of Community Affairs a period of 30 days in which to |
2595 | review a proposed receiving area for consistency with the rural |
2596 | land stewardship area plan amendment and to provide comments to |
2597 | the local government. At the time of designation of a |
2598 | stewardship receiving area, a listed species survey will be |
2599 | performed. If listed species occur on the receiving area site, |
2600 | the developer shall coordinate with each appropriate local, |
2601 | state, or federal agency to determine if adequate provisions |
2602 | have been made to protect those species in accordance with |
2603 | applicable regulations. In determining the adequacy of |
2604 | provisions for the protection of listed species and their |
2605 | habitats, the rural land stewardship area shall be considered as |
2606 | a whole, and the impacts to areas to be developed as receiving |
2607 | areas shall be considered together with the environmental |
2608 | benefits of areas protected as sending areas in fulfilling this |
2609 | criteria. |
2610 | 6. Upon the adoption of a plan amendment creating a rural |
2611 | land stewardship area, the local government shall, by ordinance, |
2612 | establish the methodology for the creation, conveyance, and use |
2613 | of transferable rural land use credits, otherwise referred to as |
2614 | stewardship credits, the application of which shall not |
2615 | constitute a right to develop land, nor increase density of |
2616 | land, except as provided by this section. The total amount of |
2617 | transferable rural land use credits within the rural land |
2618 | stewardship area must enable the realization of the long-term |
2619 | vision and goals for the 25-year or greater projected population |
2620 | of the rural land stewardship area, which may take into |
2621 | consideration the anticipated effect of the proposed receiving |
2622 | areas. Transferable rural land use credits are subject to the |
2623 | following limitations: |
2624 | a. Transferable rural land use credits may only exist |
2625 | within a rural land stewardship area. |
2626 | b. Transferable rural land use credits may only be used on |
2627 | lands designated as receiving areas and then solely for the |
2628 | purpose of implementing innovative planning and development |
2629 | strategies and creative land use planning techniques adopted by |
2630 | the local government pursuant to this section. |
2631 | c. Transferable rural land use credits assigned to a |
2632 | parcel of land within a rural land stewardship area shall cease |
2633 | to exist if the parcel of land is removed from the rural land |
2634 | stewardship area by plan amendment. |
2635 | d. Neither the creation of the rural land stewardship area |
2636 | by plan amendment nor the assignment of transferable rural land |
2637 | use credits by the local government shall operate to displace |
2638 | the underlying density of land uses assigned to a parcel of land |
2639 | within the rural land stewardship area; however, if transferable |
2640 | rural land use credits are transferred from a parcel for use |
2641 | within a designated receiving area, the underlying density |
2642 | assigned to the parcel of land shall cease to exist. |
2643 | e. The underlying density on each parcel of land located |
2644 | within a rural land stewardship area shall not be increased or |
2645 | decreased by the local government, except as a result of the |
2646 | conveyance or use of transferable rural land use credits, as |
2647 | long as the parcel remains within the rural land stewardship |
2648 | area. |
2649 | f. Transferable rural land use credits shall cease to |
2650 | exist on a parcel of land where the underlying density assigned |
2651 | to the parcel of land is utilized. |
2652 | g. An increase in the density of use on a parcel of land |
2653 | located within a designated receiving area may occur only |
2654 | through the assignment or use of transferable rural land use |
2655 | credits and shall not require a plan amendment. |
2656 | h. A change in the density of land use on parcels located |
2657 | within receiving areas shall be specified in a development order |
2658 | which reflects the total number of transferable rural land use |
2659 | credits assigned to the parcel of land and the infrastructure |
2660 | and support services necessary to provide for a functional mix |
2661 | of land uses corresponding to the plan of development. |
2662 | i. Land within a rural land stewardship area may be |
2663 | removed from the rural land stewardship area through a plan |
2664 | amendment. |
2665 | j. Transferable rural land use credits may be assigned at |
2666 | different ratios of credits per acre according to the natural |
2667 | resource or other beneficial use characteristics of the land and |
2668 | according to the land use remaining following the transfer of |
2669 | credits, with the highest number of credits per acre assigned to |
2670 | the most environmentally valuable land or, in locations where |
2671 | the retention of open space and agricultural land is a priority, |
2672 | to such lands. |
2673 | k. The use or conveyance of transferable rural land use |
2674 | credits must be recorded in the public records of the county in |
2675 | which the property is located as a covenant or restrictive |
2676 | easement running with the land in favor of the county and either |
2677 | the Department of Environmental Protection, Department of |
2678 | Agriculture and Consumer Services, a water management district, |
2679 | or a recognized statewide land trust. |
2680 | 7. Owners of land within rural land stewardship areas |
2681 | should be provided incentives to enter into rural land |
2682 | stewardship agreements, pursuant to existing law and rules |
2683 | adopted thereto, with state agencies, water management |
2684 | districts, and local governments to achieve mutually agreed upon |
2685 | conservation objectives. Such incentives may include, but not be |
2686 | limited to, the following: |
2687 | a. Opportunity to accumulate transferable mitigation |
2688 | credits. |
2689 | b. Extended permit agreements. |
2690 | c. Opportunities for recreational leases and ecotourism. |
2691 | d. Payment for specified land management services on |
2692 | publicly owned land, or property under covenant or restricted |
2693 | easement in favor of a public entity. |
2694 | e. Option agreements for sale to public entities or |
2695 | private land conservation entities, in either fee or easement, |
2696 | upon achievement of conservation objectives. |
2697 | 8. The department shall report to the Legislature on an |
2698 | annual basis on the results of implementation of rural land |
2699 | stewardship areas authorized by the department, including |
2700 | successes and failures in achieving the intent of the |
2701 | Legislature as expressed in this paragraph. |
2702 | (e) The Legislature finds that mixed-use, high-density |
2703 | development is appropriate for urban infill and redevelopment |
2704 | areas. Mixed-use projects accommodate a variety of uses, |
2705 | including residential and commercial, and usually at higher |
2706 | densities that promote pedestrian-friendly, sustainable |
2707 | communities. The Legislature recognizes that mixed-use, high- |
2708 | density development improves the quality of life for residents |
2709 | and businesses in urban areas. The Legislature finds that mixed- |
2710 | use, high-density redevelopment and infill benefits residents by |
2711 | creating a livable community with alternative modes of |
2712 | transportation. Furthermore, the Legislature finds that local |
2713 | zoning ordinances often discourage mixed-use, high-density |
2714 | development in areas that are appropriate for urban infill and |
2715 | redevelopment. The Legislature intends to discourage single-use |
2716 | zoning in urban areas which often leads to lower-density, land- |
2717 | intensive development outside an urban service area. Therefore, |
2718 | the Department of Community Affairs shall provide technical |
2719 | assistance to local governments in order to encourage mixed-use, |
2720 | high-density urban infill and redevelopment projects. |
2721 | (f) The Legislature finds that a program for the transfer |
2722 | of development rights is a useful tool to preserve historic |
2723 | buildings and create public open spaces in urban areas. A |
2724 | program for the transfer of development rights allows the |
2725 | transfer of density credits from historic properties and public |
2726 | open spaces to areas designated for high-density development. |
2727 | The Legislature recognizes that high-density development is |
2728 | integral to the success of many urban infill and redevelopment |
2729 | projects. The Legislature intends to encourage high-density |
2730 | urban infill and redevelopment while preserving historic |
2731 | structures and open spaces. Therefore, the Department of |
2732 | Community Affairs shall provide technical assistance to local |
2733 | governments in order to promote the transfer of development |
2734 | rights within urban areas for high-density infill and |
2735 | redevelopment projects. |
2736 | (g) The implementation of this subsection shall be subject |
2737 | to the provisions of this chapter, chapters 186 and 187, and |
2738 | applicable agency rules. |
2739 | (h) The department may adopt rules necessary to implement |
2740 | the provisions of this subsection. |
2741 | (12) A public school facilities element adopted to |
2742 | implement a school concurrency program shall meet the |
2743 | requirements of this subsection. Each county and each |
2744 | municipality within the county, unless exempt or subject to a |
2745 | waiver, must adopt a public school facilities element that is |
2746 | consistent with those adopted by the other local governments |
2747 | within the county and enter the interlocal agreement pursuant to |
2748 | s. 163.31777. |
2749 | (a) The state land planning agency may provide a waiver to |
2750 | a county and to the municipalities within the county if the |
2751 | capacity rate for all schools within the school district is no |
2752 | greater than 100 percent and the projected 5-year capital outlay |
2753 | full-time equivalent student growth rate is less than 10 |
2754 | percent. The state land planning agency may allow for a |
2755 | projected 5-year capital outlay full-time equivalent student |
2756 | growth rate to exceed 10 percent when the projected 10-year |
2757 | capital outlay full-time equivalent student enrollment is less |
2758 | than 2,000 students and the capacity rate for all schools within |
2759 | the school district in the tenth year will not exceed the 100- |
2760 | percent limitation. The state land planning agency may allow for |
2761 | a single school to exceed the 100-percent limitation if it can |
2762 | be demonstrated that the capacity rate for that single school is |
2763 | not greater than 105 percent. In making this determination, the |
2764 | state land planning agency shall consider the following |
2765 | criteria: |
2766 | 1. Whether the exceedance is due to temporary |
2767 | circumstances; |
2768 | 2. Whether the projected 5-year capital outlay full time |
2769 | equivalent student growth rate for the school district is |
2770 | approaching the 10-percent threshold; |
2771 | 3. Whether one or more additional schools within the |
2772 | school district are at or approaching the 100-percent threshold; |
2773 | and |
2774 | 4. The adequacy of the data and analysis submitted to |
2775 | support the waiver request. |
2776 | (b) A municipality in a nonexempt county is exempt if the |
2777 | municipality meets all of the following criteria for having no |
2778 | significant impact on school attendance: |
2779 | 1. The municipality has issued development orders for |
2780 | fewer than 50 residential dwelling units during the preceding 5 |
2781 | years, or the municipality has generated fewer than 25 |
2782 | additional public school students during the preceding 5 years. |
2783 | 2. The municipality has not annexed new land during the |
2784 | preceding 5 years in land use categories that permit residential |
2785 | uses that will affect school attendance rates. |
2786 | 3. The municipality has no public schools located within |
2787 | its boundaries. |
2788 | (c) A public school facilities element shall be based upon |
2789 | data and analyses that address, among other items, how level-of- |
2790 | service standards will be achieved and maintained. Such data and |
2791 | analyses must include, at a minimum, such items as: the |
2792 | interlocal agreement adopted pursuant to s. 163.31777 and the 5- |
2793 | year school district facilities work program adopted pursuant to |
2794 | s. 1013.35; the educational plant survey prepared pursuant to s. |
2795 | 1013.31 and an existing educational and ancillary plant map or |
2796 | map series; information on existing development and development |
2797 | anticipated for the next 5 years and the long-term planning |
2798 | period; an analysis of problems and opportunities for existing |
2799 | schools and schools anticipated in the future; an analysis of |
2800 | opportunities to collocate future schools with other public |
2801 | facilities such as parks, libraries, and community centers; an |
2802 | analysis of the need for supporting public facilities for |
2803 | existing and future schools; an analysis of opportunities to |
2804 | locate schools to serve as community focal points; projected |
2805 | future population and associated demographics, including |
2806 | development patterns year by year for the upcoming 5-year and |
2807 | long-term planning periods; and anticipated educational and |
2808 | ancillary plants with land area requirements. |
2809 | (d) The element shall contain one or more goals which |
2810 | establish the long-term end toward which public school programs |
2811 | and activities are ultimately directed. |
2812 | (e) The element shall contain one or more objectives for |
2813 | each goal, setting specific, measurable, intermediate ends that |
2814 | are achievable and mark progress toward the goal. |
2815 | (f) The element shall contain one or more policies for |
2816 | each objective which establish the way in which programs and |
2817 | activities will be conducted to achieve an identified goal. |
2818 | (g) The objectives and policies shall address items such |
2819 | as: |
2820 | 1. The procedure for an annual update process; |
2821 | 2. The procedure for school site selection; |
2822 | 3. The procedure for school permitting; |
2823 | 4. Provision for infrastructure necessary to support |
2824 | proposed schools, including potable water, wastewater, drainage, |
2825 | solid waste, transportation, and means by which to assure safe |
2826 | access to schools, including sidewalks, bicycle paths, turn |
2827 | lanes, and signalization; |
2828 | 5. Provision for colocation of other public facilities, |
2829 | such as parks, libraries, and community centers, in proximity to |
2830 | public schools; |
2831 | 6. Provision for location of schools proximate to |
2832 | residential areas and to complement patterns of development, |
2833 | including the location of future school sites so they serve as |
2834 | community focal points; |
2835 | 7. Measures to ensure compatibility of school sites and |
2836 | surrounding land uses; |
2837 | 8. Coordination with adjacent local governments and the |
2838 | school district on emergency preparedness issues, including the |
2839 | use of public schools to serve as emergency shelters; and |
2840 | 9. Coordination with the future land use element. |
2841 | (h) The element shall include one or more future |
2842 | conditions maps which depict the anticipated location of |
2843 | educational and ancillary plants, including the general location |
2844 | of improvements to existing schools or new schools anticipated |
2845 | over the 5-year or long-term planning period. The maps will of |
2846 | necessity be general for the long-term planning period and more |
2847 | specific for the 5-year period. Maps indicating general |
2848 | locations of future schools or school improvements may not |
2849 | prescribe a land use on a particular parcel of land. |
2850 | (i) The state land planning agency shall establish a |
2851 | phased schedule for adoption of the public school facilities |
2852 | element and the required updates to the public schools |
2853 | interlocal agreement pursuant to s. 163.31777. The schedule |
2854 | shall provide for each county and local government within the |
2855 | county to adopt the element and update to the agreement no later |
2856 | than December 1, 2008. Plan amendments to adopt a public school |
2857 | facilities element are exempt from the provisions of s. |
2858 | 163.3187(1). |
2859 | (j) The state land planning agency may issue a notice to |
2860 | the school board and the local government to show cause why |
2861 | sanctions should not be enforced for failure to enter into an |
2862 | approved interlocal agreement as required by s. 163.31777 or for |
2863 | failure to implement provisions relating to public school |
2864 | concurrency. If the state land planning agency finds that |
2865 | insufficient cause exists for the school board's or local |
2866 | government's failure to enter into an approved interlocal |
2867 | agreement as required by s. 163.31777 or for the school board's |
2868 | or local government's failure to implement the provisions |
2869 | relating to public school concurrency, the state land planning |
2870 | agency shall submit its finding to the Administration Commission |
2871 | which may impose on the local government any of the sanctions |
2872 | set forth in s. 163.3184(11)(a) and (b) and may impose on the |
2873 | district school board any of the sanctions set forth in s. |
2874 | 1008.32(4). |
2875 | (13) Local governments are encouraged to develop a |
2876 | community vision that provides for sustainable growth, |
2877 | recognizes its fiscal constraints, and protects its natural |
2878 | resources. At the request of a local government, the applicable |
2879 | regional planning council shall provide assistance in the |
2880 | development of a community vision. |
2881 | (a) As part of the process of developing a community |
2882 | vision under this section, the local government must hold two |
2883 | public meetings with at least one of those meetings before the |
2884 | local planning agency. Before those public meetings, the local |
2885 | government must hold at least one public workshop with |
2886 | stakeholder groups such as neighborhood associations, community |
2887 | organizations, businesses, private property owners, housing and |
2888 | development interests, and environmental organizations. |
2889 | (b) The local government must, at a minimum, discuss five |
2890 | of the following topics as part of the workshops and public |
2891 | meetings required under paragraph (a): |
2892 | 1. Future growth in the area using population forecasts |
2893 | from the Bureau of Economic and Business Research; |
2894 | 2. Priorities for economic development; |
2895 | 3. Preservation of open space, environmentally sensitive |
2896 | lands, and agricultural lands; |
2897 | 4. Appropriate areas and standards for mixed-use |
2898 | development; |
2899 | 5. Appropriate areas and standards for high-density |
2900 | commercial and residential development; |
2901 | 6. Appropriate areas and standards for economic |
2902 | development opportunities and employment centers; |
2903 | 7. Provisions for adequate workforce housing; |
2904 | 8. An efficient, interconnected multimodal transportation |
2905 | system; and |
2906 | 9. Opportunities to create land use patterns that |
2907 | accommodate the issues listed in subparagraphs 1.-8. |
2908 | (c) As part of the workshops and public meetings, the |
2909 | local government must discuss strategies for addressing the |
2910 | topics discussed under paragraph (b), including: |
2911 | 1. Strategies to preserve open space and environmentally |
2912 | sensitive lands, and to encourage a healthy agricultural |
2913 | economy, including innovative planning and development |
2914 | strategies, such as the transfer of development rights; |
2915 | 2. Incentives for mixed-use development, including |
2916 | increased height and intensity standards for buildings that |
2917 | provide residential use in combination with office or commercial |
2918 | space; |
2919 | 3. Incentives for workforce housing; |
2920 | 4. Designation of an urban service boundary pursuant to |
2921 | subsection (2); and |
2922 | 5. Strategies to provide mobility within the community and |
2923 | to protect the Strategic Intermodal System, including the |
2924 | development of a transportation corridor management plan under |
2925 | s. 337.273. |
2926 | (d) The community vision must reflect the community's |
2927 | shared concept for growth and development of the community, |
2928 | including visual representations depicting the desired land use |
2929 | patterns and character of the community during a 10-year |
2930 | planning timeframe. The community vision must also take into |
2931 | consideration economic viability of the vision and private |
2932 | property interests. |
2933 | (e) After the workshops and public meetings required under |
2934 | paragraph (a) are held, the local government may amend its |
2935 | comprehensive plan to include the community vision as a |
2936 | component in the plan. This plan amendment must be transmitted |
2937 | and adopted pursuant to the procedures in ss. 163.3184 and |
2938 | 163.3189 at public hearings of the governing body other than |
2939 | those identified in paragraph (a). |
2940 | (f) Amendments submitted under this subsection are exempt |
2941 | from the limitation on the frequency of plan amendments in s. |
2942 | 163.3187. |
2943 | (g) A local government that has developed a community |
2944 | vision or completed a visioning process after July 1, 2000, and |
2945 | before July 1, 2005, which substantially accomplishes the goals |
2946 | set forth in this subsection and the appropriate goals, |
2947 | policies, or objectives have been adopted as part of the |
2948 | comprehensive plan or reflected in subsequently adopted land |
2949 | development regulations and the plan amendment incorporating the |
2950 | community vision as a component has been found in compliance is |
2951 | eligible for the incentives in s. 163.3184(17). |
2952 | (14) Local governments are also encouraged to designate an |
2953 | urban service boundary. This area must be appropriate for |
2954 | compact, contiguous urban development within a 10-year planning |
2955 | timeframe. The urban service area boundary must be identified on |
2956 | the future land use map or map series. The local government |
2957 | shall demonstrate that the land included within the urban |
2958 | service boundary is served or is planned to be served with |
2959 | adequate public facilities and services based on the local |
2960 | government's adopted level-of-service standards by adopting a |
2961 | 10-year facilities plan in the capital improvements element |
2962 | which is financially feasible. The local government shall |
2963 | demonstrate that the amount of land within the urban service |
2964 | boundary does not exceed the amount of land needed to |
2965 | accommodate the projected population growth at densities |
2966 | consistent with the adopted comprehensive plan within the 10- |
2967 | year planning timeframe. |
2968 | (a) As part of the process of establishing an urban |
2969 | service boundary, the local government must hold two public |
2970 | meetings with at least one of those meetings before the local |
2971 | planning agency. Before those public meetings, the local |
2972 | government must hold at least one public workshop with |
2973 | stakeholder groups such as neighborhood associations, community |
2974 | organizations, businesses, private property owners, housing and |
2975 | development interests, and environmental organizations. |
2976 | (b)1. After the workshops and public meetings required |
2977 | under paragraph (a) are held, the local government may amend its |
2978 | comprehensive plan to include the urban service boundary. This |
2979 | plan amendment must be transmitted and adopted pursuant to the |
2980 | procedures in ss. 163.3184 and 163.3189 at meetings of the |
2981 | governing body other than those required under paragraph (a). |
2982 | 2. This subsection does not prohibit new development |
2983 | outside an urban service boundary. However, a local government |
2984 | that establishes an urban service boundary under this subsection |
2985 | is encouraged to require a full-cost-accounting analysis for any |
2986 | new development outside the boundary and to consider the results |
2987 | of that analysis when adopting a plan amendment for property |
2988 | outside the established urban service boundary. |
2989 | (c) Amendments submitted under this subsection are exempt |
2990 | from the limitation on the frequency of plan amendments in s. |
2991 | 163.3187. |
2992 | (d) A local government that has adopted an urban service |
2993 | boundary before July 1, 2005, which substantially accomplishes |
2994 | the goals set forth in this subsection is not required to comply |
2995 | with paragraph (a) or subparagraph 1. of paragraph (b) in order |
2996 | to be eligible for the incentives under s. 163.3184(17). In |
2997 | order to satisfy the provisions of this paragraph, the local |
2998 | government must secure a determination from the state land |
2999 | planning agency that the urban service boundary adopted before |
3000 | July 1, 2005, substantially complies with the criteria of this |
3001 | subsection, based on data and analysis submitted by the local |
3002 | government to support this determination. The determination by |
3003 | the state land planning agency is not subject to administrative |
3004 | challenge. |
3005 | (7)(15)(a) The Legislature finds that: |
3006 | 1. There are a number of rural agricultural industrial |
3007 | centers in the state that process, produce, or aid in the |
3008 | production or distribution of a variety of agriculturally based |
3009 | products, including, but not limited to, fruits, vegetables, |
3010 | timber, and other crops, and juices, paper, and building |
3011 | materials. Rural agricultural industrial centers have a |
3012 | significant amount of existing associated infrastructure that is |
3013 | used for processing, producing, or distributing agricultural |
3014 | products. |
3015 | 2. Such rural agricultural industrial centers are often |
3016 | located within or near communities in which the economy is |
3017 | largely dependent upon agriculture and agriculturally based |
3018 | products. The centers significantly enhance the economy of such |
3019 | communities. However, these agriculturally based communities are |
3020 | often socioeconomically challenged and designated as rural areas |
3021 | of critical economic concern. If such rural agricultural |
3022 | industrial centers are lost and not replaced with other job- |
3023 | creating enterprises, the agriculturally based communities will |
3024 | lose a substantial amount of their economies. |
3025 | 3. The state has a compelling interest in preserving the |
3026 | viability of agriculture and protecting rural agricultural |
3027 | communities and the state from the economic upheaval that would |
3028 | result from short-term or long-term adverse changes in the |
3029 | agricultural economy. To protect these communities and promote |
3030 | viable agriculture for the long term, it is essential to |
3031 | encourage and permit diversification of existing rural |
3032 | agricultural industrial centers by providing for jobs that are |
3033 | not solely dependent upon, but are compatible with and |
3034 | complement, existing agricultural industrial operations and to |
3035 | encourage the creation and expansion of industries that use |
3036 | agricultural products in innovative ways. However, the expansion |
3037 | and diversification of these existing centers must be |
3038 | accomplished in a manner that does not promote urban sprawl into |
3039 | surrounding agricultural and rural areas. |
3040 | (b) As used in this subsection, the term "rural |
3041 | agricultural industrial center" means a developed parcel of land |
3042 | in an unincorporated area on which there exists an operating |
3043 | agricultural industrial facility or facilities that employ at |
3044 | least 200 full-time employees in the aggregate and process and |
3045 | prepare for transport a farm product, as defined in s. 163.3162, |
3046 | or any biomass material that could be used, directly or |
3047 | indirectly, for the production of fuel, renewable energy, |
3048 | bioenergy, or alternative fuel as defined by law. The center may |
3049 | also include land contiguous to the facility site which is not |
3050 | used for the cultivation of crops, but on which other existing |
3051 | activities essential to the operation of such facility or |
3052 | facilities are located or conducted. The parcel of land must be |
3053 | located within, or within 10 miles of, a rural area of critical |
3054 | economic concern. |
3055 | (c)1. A landowner whose land is located within a rural |
3056 | agricultural industrial center may apply for an amendment to the |
3057 | local government comprehensive plan for the purpose of |
3058 | designating and expanding the existing agricultural industrial |
3059 | uses of facilities located within the center or expanding the |
3060 | existing center to include industrial uses or facilities that |
3061 | are not dependent upon but are compatible with agriculture and |
3062 | the existing uses and facilities. A local government |
3063 | comprehensive plan amendment under this paragraph must: |
3064 | a. Not increase the physical area of the existing rural |
3065 | agricultural industrial center by more than 50 percent or 320 |
3066 | acres, whichever is greater. |
3067 | b. Propose a project that would, upon completion, create |
3068 | at least 50 new full-time jobs. |
3069 | c. Demonstrate that sufficient infrastructure capacity |
3070 | exists or will be provided to support the expanded center at the |
3071 | level-of-service standards adopted in the local government |
3072 | comprehensive plan. |
3073 | d. Contain goals, objectives, and policies that will |
3074 | ensure that any adverse environmental impacts of the expanded |
3075 | center will be adequately addressed and mitigation implemented |
3076 | or demonstrate that the local government comprehensive plan |
3077 | contains such provisions. |
3078 | 2. Within 6 months after receiving an application as |
3079 | provided in this paragraph, the local government shall transmit |
3080 | the application to the state land planning agency for review |
3081 | pursuant to this chapter together with any needed amendments to |
3082 | the applicable sections of its comprehensive plan to include |
3083 | goals, objectives, and policies that provide for the expansion |
3084 | of rural agricultural industrial centers and discourage urban |
3085 | sprawl in the surrounding areas. Such goals, objectives, and |
3086 | policies must promote and be consistent with the findings in |
3087 | this subsection. An amendment that meets the requirements of |
3088 | this subsection is presumed not to be urban sprawl as defined in |
3089 | s. 163.3164 and shall be considered within 90 days after any |
3090 | review required by the state land planning agency if required by |
3091 | s. 163.3184. consistent with rule 9J-5.006(5), Florida |
3092 | Administrative Code. This presumption may be rebutted by a |
3093 | preponderance of the evidence. |
3094 | (d) This subsection does not apply to an optional sector |
3095 | plan adopted pursuant to s. 163.3245, a rural land stewardship |
3096 | area designated pursuant to s. 163.3248 subsection (11), or any |
3097 | comprehensive plan amendment that includes an inland port |
3098 | terminal or affiliated port development. |
3099 | (e) Nothing in this subsection shall be construed to |
3100 | confer the status of rural area of critical economic concern, or |
3101 | any of the rights or benefits derived from such status, on any |
3102 | land area not otherwise designated as such pursuant to s. |
3103 | 288.0656(7). |
3104 | Section 13. Section 163.31777, Florida Statutes, is |
3105 | amended to read: |
3106 | 163.31777 Public schools interlocal agreement.- |
3107 | (1)(a) The county and municipalities located within the |
3108 | geographic area of a school district shall enter into an |
3109 | interlocal agreement with the district school board which |
3110 | jointly establishes the specific ways in which the plans and |
3111 | processes of the district school board and the local governments |
3112 | are to be coordinated. The interlocal agreements shall be |
3113 | submitted to the state land planning agency and the Office of |
3114 | Educational Facilities in accordance with a schedule published |
3115 | by the state land planning agency. |
3116 | (b) The schedule must establish staggered due dates for |
3117 | submission of interlocal agreements that are executed by both |
3118 | the local government and the district school board, commencing |
3119 | on March 1, 2003, and concluding by December 1, 2004, and must |
3120 | set the same date for all governmental entities within a school |
3121 | district. However, if the county where the school district is |
3122 | located contains more than 20 municipalities, the state land |
3123 | planning agency may establish staggered due dates for the |
3124 | submission of interlocal agreements by these municipalities. The |
3125 | schedule must begin with those areas where both the number of |
3126 | districtwide capital-outlay full-time-equivalent students equals |
3127 | 80 percent or more of the current year's school capacity and the |
3128 | projected 5-year student growth is 1,000 or greater, or where |
3129 | the projected 5-year student growth rate is 10 percent or |
3130 | greater. |
3131 | (c) If the student population has declined over the 5-year |
3132 | period preceding the due date for submittal of an interlocal |
3133 | agreement by the local government and the district school board, |
3134 | the local government and the district school board may petition |
3135 | the state land planning agency for a waiver of one or more |
3136 | requirements of subsection (2). The waiver must be granted if |
3137 | the procedures called for in subsection (2) are unnecessary |
3138 | because of the school district's declining school age |
3139 | population, considering the district's 5-year facilities work |
3140 | program prepared pursuant to s. 1013.35. The state land planning |
3141 | agency may modify or revoke the waiver upon a finding that the |
3142 | conditions upon which the waiver was granted no longer exist. |
3143 | The district school board and local governments must submit an |
3144 | interlocal agreement within 1 year after notification by the |
3145 | state land planning agency that the conditions for a waiver no |
3146 | longer exist. |
3147 | (d) Interlocal agreements between local governments and |
3148 | district school boards adopted pursuant to s. 163.3177 before |
3149 | the effective date of this section must be updated and executed |
3150 | pursuant to the requirements of this section, if necessary. |
3151 | Amendments to interlocal agreements adopted pursuant to this |
3152 | section must be submitted to the state land planning agency |
3153 | within 30 days after execution by the parties for review |
3154 | consistent with this section. Local governments and the district |
3155 | school board in each school district are encouraged to adopt a |
3156 | single interlocal agreement to which all join as parties. The |
3157 | state land planning agency shall assemble and make available |
3158 | model interlocal agreements meeting the requirements of this |
3159 | section and notify local governments and, jointly with the |
3160 | Department of Education, the district school boards of the |
3161 | requirements of this section, the dates for compliance, and the |
3162 | sanctions for noncompliance. The state land planning agency |
3163 | shall be available to informally review proposed interlocal |
3164 | agreements. If the state land planning agency has not received a |
3165 | proposed interlocal agreement for informal review, the state |
3166 | land planning agency shall, at least 60 days before the deadline |
3167 | for submission of the executed agreement, renotify the local |
3168 | government and the district school board of the upcoming |
3169 | deadline and the potential for sanctions. |
3170 | (2) At a minimum, the interlocal agreement must address |
3171 | interlocal-agreement requirements in s. 163.3180(13)(g), except |
3172 | for exempt local governments as provided in s. 163.3177(12), and |
3173 | must address the following issues: |
3174 | (a) A process by which each local government and the |
3175 | district school board agree and base their plans on consistent |
3176 | projections of the amount, type, and distribution of population |
3177 | growth and student enrollment. The geographic distribution of |
3178 | jurisdiction-wide growth forecasts is a major objective of the |
3179 | process. |
3180 | (b) A process to coordinate and share information relating |
3181 | to existing and planned public school facilities, including |
3182 | school renovations and closures, and local government plans for |
3183 | development and redevelopment. |
3184 | (c) Participation by affected local governments with the |
3185 | district school board in the process of evaluating potential |
3186 | school closures, significant renovations to existing schools, |
3187 | and new school site selection before land acquisition. Local |
3188 | governments shall advise the district school board as to the |
3189 | consistency of the proposed closure, renovation, or new site |
3190 | with the local comprehensive plan, including appropriate |
3191 | circumstances and criteria under which a district school board |
3192 | may request an amendment to the comprehensive plan for school |
3193 | siting. |
3194 | (d) A process for determining the need for and timing of |
3195 | onsite and offsite improvements to support new, proposed |
3196 | expansion, or redevelopment of existing schools. The process |
3197 | must address identification of the party or parties responsible |
3198 | for the improvements. |
3199 | (e) A process for the school board to inform the local |
3200 | government regarding the effect of comprehensive plan amendments |
3201 | on school capacity. The capacity reporting must be consistent |
3202 | with laws and rules relating to measurement of school facility |
3203 | capacity and must also identify how the district school board |
3204 | will meet the public school demand based on the facilities work |
3205 | program adopted pursuant to s. 1013.35. |
3206 | (f) Participation of the local governments in the |
3207 | preparation of the annual update to the district school board's |
3208 | 5-year district facilities work program and educational plant |
3209 | survey prepared pursuant to s. 1013.35. |
3210 | (g) A process for determining where and how joint use of |
3211 | either school board or local government facilities can be shared |
3212 | for mutual benefit and efficiency. |
3213 | (h) A procedure for the resolution of disputes between the |
3214 | district school board and local governments, which may include |
3215 | the dispute resolution processes contained in chapters 164 and |
3216 | 186. |
3217 | (i) An oversight process, including an opportunity for |
3218 | public participation, for the implementation of the interlocal |
3219 | agreement. |
3220 | (3)(a) The Office of Educational Facilities shall submit |
3221 | any comments or concerns regarding the executed interlocal |
3222 | agreement to the state land planning agency within 30 days after |
3223 | receipt of the executed interlocal agreement. The state land |
3224 | planning agency shall review the executed interlocal agreement |
3225 | to determine whether it is consistent with the requirements of |
3226 | subsection (2), the adopted local government comprehensive plan, |
3227 | and other requirements of law. Within 60 days after receipt of |
3228 | an executed interlocal agreement, the state land planning agency |
3229 | shall publish a notice of intent in the Florida Administrative |
3230 | Weekly and shall post a copy of the notice on the agency's |
3231 | Internet site. The notice of intent must state whether the |
3232 | interlocal agreement is consistent or inconsistent with the |
3233 | requirements of subsection (2) and this subsection, as |
3234 | appropriate. |
3235 | (b) The state land planning agency's notice is subject to |
3236 | challenge under chapter 120; however, an affected person, as |
3237 | defined in s. 163.3184(1)(a), has standing to initiate the |
3238 | administrative proceeding, and this proceeding is the sole means |
3239 | available to challenge the consistency of an interlocal |
3240 | agreement required by this section with the criteria contained |
3241 | in subsection (2) and this subsection. In order to have |
3242 | standing, each person must have submitted oral or written |
3243 | comments, recommendations, or objections to the local government |
3244 | or the school board before the adoption of the interlocal |
3245 | agreement by the school board and local government. The district |
3246 | school board and local governments are parties to any such |
3247 | proceeding. In this proceeding, when the state land planning |
3248 | agency finds the interlocal agreement to be consistent with the |
3249 | criteria in subsection (2) and this subsection, the interlocal |
3250 | agreement shall be determined to be consistent with subsection |
3251 | (2) and this subsection if the local government's and school |
3252 | board's determination of consistency is fairly debatable. When |
3253 | the state planning agency finds the interlocal agreement to be |
3254 | inconsistent with the requirements of subsection (2) and this |
3255 | subsection, the local government's and school board's |
3256 | determination of consistency shall be sustained unless it is |
3257 | shown by a preponderance of the evidence that the interlocal |
3258 | agreement is inconsistent. |
3259 | (c) If the state land planning agency enters a final order |
3260 | that finds that the interlocal agreement is inconsistent with |
3261 | the requirements of subsection (2) or this subsection, it shall |
3262 | forward it to the Administration Commission, which may impose |
3263 | sanctions against the local government pursuant to s. |
3264 | 163.3184(11) and may impose sanctions against the district |
3265 | school board by directing the Department of Education to |
3266 | withhold from the district school board an equivalent amount of |
3267 | funds for school construction available pursuant to ss. 1013.65, |
3268 | 1013.68, 1013.70, and 1013.72. |
3269 | (4) If an executed interlocal agreement is not timely |
3270 | submitted to the state land planning agency for review, the |
3271 | state land planning agency shall, within 15 working days after |
3272 | the deadline for submittal, issue to the local government and |
3273 | the district school board a Notice to Show Cause why sanctions |
3274 | should not be imposed for failure to submit an executed |
3275 | interlocal agreement by the deadline established by the agency. |
3276 | The agency shall forward the notice and the responses to the |
3277 | Administration Commission, which may enter a final order citing |
3278 | the failure to comply and imposing sanctions against the local |
3279 | government and district school board by directing the |
3280 | appropriate agencies to withhold at least 5 percent of state |
3281 | funds pursuant to s. 163.3184(11) and by directing the |
3282 | Department of Education to withhold from the district school |
3283 | board at least 5 percent of funds for school construction |
3284 | available pursuant to ss. 1013.65, 1013.68, 1013.70, and |
3285 | 1013.72. |
3286 | (5) Any local government transmitting a public school |
3287 | element to implement school concurrency pursuant to the |
3288 | requirements of s. 163.3180 before the effective date of this |
3289 | section is not required to amend the element or any interlocal |
3290 | agreement to conform with the provisions of this section if the |
3291 | element is adopted prior to or within 1 year after the effective |
3292 | date of this section and remains in effect until the county |
3293 | conducts its evaluation and appraisal report and identifies |
3294 | changes necessary to more fully conform to the provisions of |
3295 | this section. |
3296 | (6) Except as provided in subsection (7), municipalities |
3297 | meeting the exemption criteria in s. 163.3177(12) are exempt |
3298 | from the requirements of subsections (1), (2), and (3). |
3299 | (7) At the time of the evaluation and appraisal report, |
3300 | each exempt municipality shall assess the extent to which it |
3301 | continues to meet the criteria for exemption under s. |
3302 | 163.3177(12). If the municipality continues to meet these |
3303 | criteria, the municipality shall continue to be exempt from the |
3304 | interlocal-agreement requirement. Each municipality exempt under |
3305 | s. 163.3177(12) must comply with the provisions of this section |
3306 | within 1 year after the district school board proposes, in its |
3307 | 5-year district facilities work program, a new school within the |
3308 | municipality's jurisdiction. |
3309 | Section 14. Subsection (9) of section 163.3178, Florida |
3310 | Statutes, is amended to read: |
3311 | 163.3178 Coastal management.- |
3312 | (9)(a) Local governments may elect to comply with rule 9J- |
3313 | 5.012(3)(b)6. and 7., Florida Administrative Code, through the |
3314 | process provided in this section. A proposed comprehensive plan |
3315 | amendment shall be found in compliance with state coastal high- |
3316 | hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7., |
3317 | Florida Administrative Code, if: |
3318 | 1. The adopted level of service for out-of-county |
3319 | hurricane evacuation is maintained for a category 5 storm event |
3320 | as measured on the Saffir-Simpson scale; or |
3321 | 2. A 12-hour evacuation time to shelter is maintained for |
3322 | a category 5 storm event as measured on the Saffir-Simpson scale |
3323 | and shelter space reasonably expected to accommodate the |
3324 | residents of the development contemplated by a proposed |
3325 | comprehensive plan amendment is available; or |
3326 | 3. Appropriate mitigation is provided that will satisfy |
3327 | the provisions of subparagraph 1. or subparagraph 2. Appropriate |
3328 | mitigation shall include, without limitation, payment of money, |
3329 | contribution of land, and construction of hurricane shelters and |
3330 | transportation facilities. Required mitigation may shall not |
3331 | exceed the amount required for a developer to accommodate |
3332 | impacts reasonably attributable to development. A local |
3333 | government and a developer shall enter into a binding agreement |
3334 | to memorialize the mitigation plan. |
3335 | (b) For those local governments that have not established |
3336 | a level of service for out-of-county hurricane evacuation by |
3337 | July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and |
3338 | 7., Florida Administrative Code, by following the process in |
3339 | paragraph (a), the level of service shall be no greater than 16 |
3340 | hours for a category 5 storm event as measured on the Saffir- |
3341 | Simpson scale. |
3342 | (c) This subsection shall become effective immediately and |
3343 | shall apply to all local governments. No later than July 1, |
3344 | 2008, local governments shall amend their future land use map |
3345 | and coastal management element to include the new definition of |
3346 | coastal high-hazard area and to depict the coastal high-hazard |
3347 | area on the future land use map. |
3348 | Section 15. Section 163.3180, Florida Statutes, is amended |
3349 | to read: |
3350 | 163.3180 Concurrency.- |
3351 | (1)(a) Sanitary sewer, solid waste, drainage, and potable |
3352 | water, parks and recreation, schools, and transportation |
3353 | facilities, including mass transit, where applicable, are the |
3354 | only public facilities and services subject to the concurrency |
3355 | requirement on a statewide basis. Additional public facilities |
3356 | and services may not be made subject to concurrency on a |
3357 | statewide basis without appropriate study and approval by the |
3358 | Legislature; however, any local government may extend the |
3359 | concurrency requirement so that it applies to additional public |
3360 | facilities within its jurisdiction. |
3361 | (a) If concurrency is applied to other public facilities, |
3362 | the local government comprehensive plan must provide the |
3363 | principles, guidelines, standards, and strategies, including |
3364 | adopted levels of service, to guide its application. In order |
3365 | for a local government to rescind any optional concurrency |
3366 | provisions, a comprehensive plan amendment is required. An |
3367 | amendment rescinding optional concurrency issues is not subject |
3368 | to state review. |
3369 | (b) The local government comprehensive plan must |
3370 | demonstrate, for required or optional concurrency requirements, |
3371 | that the levels of service adopted can be reasonably met. |
3372 | Infrastructure needed to ensure that adopted level-of-service |
3373 | standards are achieved and maintained for the 5-year period of |
3374 | the capital improvement schedule must be identified pursuant to |
3375 | the requirements of s. 163.3177(3). The comprehensive plan must |
3376 | include principles, guidelines, standards, and strategies for |
3377 | the establishment of a concurrency management system. |
3378 | (b) Local governments shall use professionally accepted |
3379 | techniques for measuring level of service for automobiles, |
3380 | bicycles, pedestrians, transit, and trucks. These techniques may |
3381 | be used to evaluate increased accessibility by multiple modes |
3382 | and reductions in vehicle miles of travel in an area or zone. |
3383 | The Department of Transportation shall develop methodologies to |
3384 | assist local governments in implementing this multimodal level- |
3385 | of-service analysis. The Department of Community Affairs and the |
3386 | Department of Transportation shall provide technical assistance |
3387 | to local governments in applying these methodologies. |
3388 | (2)(a) Consistent with public health and safety, sanitary |
3389 | sewer, solid waste, drainage, adequate water supplies, and |
3390 | potable water facilities shall be in place and available to |
3391 | serve new development no later than the issuance by the local |
3392 | government of a certificate of occupancy or its functional |
3393 | equivalent. Prior to approval of a building permit or its |
3394 | functional equivalent, the local government shall consult with |
3395 | the applicable water supplier to determine whether adequate |
3396 | water supplies to serve the new development will be available no |
3397 | later than the anticipated date of issuance by the local |
3398 | government of a certificate of occupancy or its functional |
3399 | equivalent. A local government may meet the concurrency |
3400 | requirement for sanitary sewer through the use of onsite sewage |
3401 | treatment and disposal systems approved by the Department of |
3402 | Health to serve new development. |
3403 | (b) Consistent with the public welfare, and except as |
3404 | otherwise provided in this section, parks and recreation |
3405 | facilities to serve new development shall be in place or under |
3406 | actual construction no later than 1 year after issuance by the |
3407 | local government of a certificate of occupancy or its functional |
3408 | equivalent. However, the acreage for such facilities shall be |
3409 | dedicated or be acquired by the local government prior to |
3410 | issuance by the local government of a certificate of occupancy |
3411 | or its functional equivalent, or funds in the amount of the |
3412 | developer's fair share shall be committed no later than the |
3413 | local government's approval to commence construction. |
3414 | (c) Consistent with the public welfare, and except as |
3415 | otherwise provided in this section, transportation facilities |
3416 | needed to serve new development shall be in place or under |
3417 | actual construction within 3 years after the local government |
3418 | approves a building permit or its functional equivalent that |
3419 | results in traffic generation. |
3420 | (3) Governmental entities that are not responsible for |
3421 | providing, financing, operating, or regulating public facilities |
3422 | needed to serve development may not establish binding level-of- |
3423 | service standards on governmental entities that do bear those |
3424 | responsibilities. This subsection does not limit the authority |
3425 | of any agency to recommend or make objections, recommendations, |
3426 | comments, or determinations during reviews conducted under s. |
3427 | 163.3184. |
3428 | (4)(a) The concurrency requirement as implemented in local |
3429 | comprehensive plans applies to state and other public facilities |
3430 | and development to the same extent that it applies to all other |
3431 | facilities and development, as provided by law. |
3432 | (b) The concurrency requirement as implemented in local |
3433 | comprehensive plans does not apply to public transit facilities. |
3434 | For the purposes of this paragraph, public transit facilities |
3435 | include transit stations and terminals; transit station parking; |
3436 | park-and-ride lots; intermodal public transit connection or |
3437 | transfer facilities; fixed bus, guideway, and rail stations; and |
3438 | airport passenger terminals and concourses, air cargo |
3439 | facilities, and hangars for the assembly, manufacture, |
3440 | maintenance, or storage of aircraft. As used in this paragraph, |
3441 | the terms "terminals" and "transit facilities" do not include |
3442 | seaports or commercial or residential development constructed in |
3443 | conjunction with a public transit facility. |
3444 | (c) The concurrency requirement, except as it relates to |
3445 | transportation facilities and public schools, as implemented in |
3446 | local government comprehensive plans, may be waived by a local |
3447 | government for urban infill and redevelopment areas designated |
3448 | pursuant to s. 163.2517 if such a waiver does not endanger |
3449 | public health or safety as defined by the local government in |
3450 | its local government comprehensive plan. The waiver shall be |
3451 | adopted as a plan amendment pursuant to the process set forth in |
3452 | s. 163.3187(3)(a). A local government may grant a concurrency |
3453 | exception pursuant to subsection (5) for transportation |
3454 | facilities located within these urban infill and redevelopment |
3455 | areas. |
3456 | (5)(a) If concurrency is applied to transportation |
3457 | facilities, the local government comprehensive plan must provide |
3458 | the principles, guidelines, standards, and strategies, including |
3459 | adopted levels of service to guide its application. |
3460 | (b) Local governments shall use professionally accepted |
3461 | studies to evaluate the appropriate levels of service. Local |
3462 | governments should consider the number of facilities that will |
3463 | be necessary to meet level-of-service demands when determining |
3464 | the appropriate levels of service. The schedule of facilities |
3465 | that are necessary to meet the adopted level of service shall be |
3466 | reflected in the capital improvement element. |
3467 | (c) Local governments shall use professionally accepted |
3468 | techniques for measuring levels of service when evaluating |
3469 | potential impacts of a proposed development. |
3470 | (d) The premise of concurrency is that the public |
3471 | facilities will be provided in order to achieve and maintain the |
3472 | adopted level of service standard. A comprehensive plan that |
3473 | imposes transportation concurrency shall contain appropriate |
3474 | amendments to the capital improvements element of the |
3475 | comprehensive plan, consistent with the requirements of s. |
3476 | 163.3177(3). The capital improvements element shall identify |
3477 | facilities necessary to meet adopted levels of service during a |
3478 | 5-year period. |
3479 | (e) If a local government applies transportation |
3480 | concurrency in its jurisdiction, it is encouraged to develop |
3481 | policy guidelines and techniques to address potential negative |
3482 | impacts on future development: |
3483 | 1. In urban infill and redevelopment, and urban service |
3484 | areas. |
3485 | 2. With special part-time demands on the transportation |
3486 | system. |
3487 | 3. With de minimis impacts. |
3488 | 4. On community desired types of development, such as |
3489 | redevelopment, or job creation projects. |
3490 | (f) Local governments are encouraged to develop tools and |
3491 | techniques to complement the application of transportation |
3492 | concurrency such as: |
3493 | 1. Adoption of long-term strategies to facilitate |
3494 | development patterns that support multimodal solutions, |
3495 | including urban design, and appropriate land use mixes, |
3496 | including intensity and density. |
3497 | 2. Adoption of an areawide level of service not dependent |
3498 | on any single road segment function. |
3499 | 3. Exempting or discounting impacts of locally desired |
3500 | development, such as development in urban areas, redevelopment, |
3501 | job creation, and mixed use on the transportation system. |
3502 | 4. Assigning secondary priority to vehicle mobility and |
3503 | primary priority to ensuring a safe, comfortable, and attractive |
3504 | pedestrian environment, with convenient interconnection to |
3505 | transit. |
3506 | 5. Establishing multimodal level of service standards that |
3507 | rely primarily on nonvehicular modes of transportation where |
3508 | existing or planned community design will provide adequate level |
3509 | of mobility. |
3510 | 6. Reducing impact fees or local access fees to promote |
3511 | development within urban areas, multimodal transportation |
3512 | districts, and a balance of mixed use development in certain |
3513 | areas or districts, or for affordable or workforce housing. |
3514 | (g) Local governments are encouraged to coordinate with |
3515 | adjacent local governments for the purpose of using common |
3516 | methodologies for measuring impacts on transportation |
3517 | facilities. |
3518 | (h) Local governments that implement transportation |
3519 | concurrency must: |
3520 | 1. Consult with the Department of Transportation when |
3521 | proposed plan amendments affect facilities on the strategic |
3522 | intermodal system. |
3523 | 2. Exempt public transit facilities from concurrency. For |
3524 | the purposes of this subparagraph, public transit facilities |
3525 | include transit stations and terminals; transit station parking; |
3526 | park-and-ride lots; intermodal public transit connection or |
3527 | transfer facilities; fixed bus, guideway, and rail stations; and |
3528 | airport passenger terminals and concourses, air cargo |
3529 | facilities, and hangars for the assembly, manufacture, |
3530 | maintenance, or storage of aircraft. As used in this |
3531 | subparagraph, the terms "terminals" and "transit facilities" do |
3532 | not include seaports or commercial or residential development |
3533 | constructed in conjunction with a public transit facility. |
3534 | 3. Allow an applicant for a development-of-regional-impact |
3535 | development order, a rezoning, or other land use development |
3536 | permit to satisfy the transportation concurrency requirements of |
3537 | the local comprehensive plan, the local government's concurrency |
3538 | management system, and s. 380.06, when applicable, if: |
3539 | a. The applicant enters into a binding agreement to pay |
3540 | for or construct its proportionate share of required |
3541 | improvements. |
3542 | b. The proportionate-share contribution or construction is |
3543 | sufficient to accomplish one or more mobility improvements that |
3544 | will benefit a regionally significant transportation facility. |
3545 | c.(I) The local government has provided a means by which |
3546 | the landowner will be assessed a proportionate share of the cost |
3547 | of providing the transportation facilities necessary to serve |
3548 | the proposed development. An applicant shall not be held |
3549 | responsible for the additional cost of reducing or eliminating |
3550 | deficiencies. |
3551 | (II) When an applicant contributes or constructs its |
3552 | proportionate share pursuant to this subparagraph, a local |
3553 | government may not require payment or construction of |
3554 | transportation facilities whose costs would be greater than a |
3555 | development's proportionate share of the improvements necessary |
3556 | to mitigate the development's impacts. |
3557 | (A) The proportionate-share contribution shall be |
3558 | calculated based upon the number of trips from the proposed |
3559 | development expected to reach roadways during the peak hour from |
3560 | the stage or phase being approved, divided by the change in the |
3561 | peak hour maximum service volume of roadways resulting from |
3562 | construction of an improvement necessary to maintain or achieve |
3563 | the adopted level of service, multiplied by the construction |
3564 | cost, at the time of development payment, of the improvement |
3565 | necessary to maintain or achieve the adopted level of service. |
3566 | (B) In using the proportionate-share formula provided in |
3567 | this subparagraph, the applicant, in its traffic analysis, shall |
3568 | identify those roads or facilities that have a transportation |
3569 | deficiency in accordance with the transportation deficiency as |
3570 | defined in sub-subparagraph e. The proportionate-share formula |
3571 | provided in this subparagraph shall be applied only to those |
3572 | facilities that are determined to be significantly impacted by |
3573 | the project traffic under review. If any road is determined to |
3574 | be transportation deficient without the project traffic under |
3575 | review, the costs of correcting that deficiency shall be removed |
3576 | from the project's proportionate-share calculation and the |
3577 | necessary transportation improvements to correct that deficiency |
3578 | shall be considered to be in place for purposes of the |
3579 | proportionate-share calculation. The improvement necessary to |
3580 | correct the transportation deficiency is the funding |
3581 | responsibility of the entity that has maintenance responsibility |
3582 | for the facility. The development's proportionate share shall be |
3583 | calculated only for the needed transportation improvements that |
3584 | are greater than the identified deficiency. |
3585 | (C) When the provisions of this subparagraph have been |
3586 | satisfied for a particular stage or phase of development, all |
3587 | transportation impacts from that stage or phase for which |
3588 | mitigation was required and provided shall be deemed fully |
3589 | mitigated in any transportation analysis for a subsequent stage |
3590 | or phase of development. Trips from a previous stage or phase |
3591 | that did not result in impacts for which mitigation was required |
3592 | or provided may be cumulatively analyzed with trips from a |
3593 | subsequent stage or phase to determine whether an impact |
3594 | requires mitigation for the subsequent stage or phase. |
3595 | (D) In projecting the number of trips to be generated by |
3596 | the development under review, any trips assigned to a toll- |
3597 | financed facility shall be eliminated from the analysis. |
3598 | (E) The applicant shall receive a credit on a dollar-for- |
3599 | dollar basis for impact fees, mobility fees, and other |
3600 | transportation concurrency mitigation requirements paid or |
3601 | payable in the future for the project. The credit shall be |
3602 | reduced up to 20 percent by the percentage share that the |
3603 | project's traffic represents of the added capacity of the |
3604 | selected improvement, or by the amount specified by local |
3605 | ordinance, whichever yields the greater credit. |
3606 | d. This subsection does not require a local government to |
3607 | approve a development that is not otherwise qualified for |
3608 | approval pursuant to the applicable local comprehensive plan and |
3609 | land development regulations. |
3610 | e. As used in this subsection, the term "transportation |
3611 | deficiency" means a facility or facilities on which the adopted |
3612 | level-of-service standard is exceeded by the existing, |
3613 | committed, and vested trips, plus additional projected |
3614 | background trips from any source other than the development |
3615 | project under review, and trips that are forecast by established |
3616 | traffic standards, including traffic modeling, consistent with |
3617 | the University of Florida's Bureau of Economic and Business |
3618 | Research medium population projections. Additional projected |
3619 | background trips are to be coincident with the particular stage |
3620 | or phase of development under review. |
3621 | (a) The Legislature finds that under limited |
3622 | circumstances, countervailing planning and public policy goals |
3623 | may come into conflict with the requirement that adequate public |
3624 | transportation facilities and services be available concurrent |
3625 | with the impacts of such development. The Legislature further |
3626 | finds that the unintended result of the concurrency requirement |
3627 | for transportation facilities is often the discouragement of |
3628 | urban infill development and redevelopment. Such unintended |
3629 | results directly conflict with the goals and policies of the |
3630 | state comprehensive plan and the intent of this part. The |
3631 | Legislature also finds that in urban centers transportation |
3632 | cannot be effectively managed and mobility cannot be improved |
3633 | solely through the expansion of roadway capacity, that the |
3634 | expansion of roadway capacity is not always physically or |
3635 | financially possible, and that a range of transportation |
3636 | alternatives is essential to satisfy mobility needs, reduce |
3637 | congestion, and achieve healthy, vibrant centers. |
3638 | (b)1. The following are transportation concurrency |
3639 | exception areas: |
3640 | a. A municipality that qualifies as a dense urban land |
3641 | area under s. 163.3164; |
3642 | b. An urban service area under s. 163.3164 that has been |
3643 | adopted into the local comprehensive plan and is located within |
3644 | a county that qualifies as a dense urban land area under s. |
3645 | 163.3164; and |
3646 | c. A county, including the municipalities located therein, |
3647 | which has a population of at least 900,000 and qualifies as a |
3648 | dense urban land area under s. 163.3164, but does not have an |
3649 | urban service area designated in the local comprehensive plan. |
3650 | 2. A municipality that does not qualify as a dense urban |
3651 | land area pursuant to s. 163.3164 may designate in its local |
3652 | comprehensive plan the following areas as transportation |
3653 | concurrency exception areas: |
3654 | a. Urban infill as defined in s. 163.3164; |
3655 | b. Community redevelopment areas as defined in s. 163.340; |
3656 | c. Downtown revitalization areas as defined in s. |
3657 | 163.3164; |
3658 | d. Urban infill and redevelopment under s. 163.2517; or |
3659 | e. Urban service areas as defined in s. 163.3164 or areas |
3660 | within a designated urban service boundary under s. |
3661 | 163.3177(14). |
3662 | 3. A county that does not qualify as a dense urban land |
3663 | area pursuant to s. 163.3164 may designate in its local |
3664 | comprehensive plan the following areas as transportation |
3665 | concurrency exception areas: |
3666 | a. Urban infill as defined in s. 163.3164; |
3667 | b. Urban infill and redevelopment under s. 163.2517; or |
3668 | c. Urban service areas as defined in s. 163.3164. |
3669 | 4. A local government that has a transportation |
3670 | concurrency exception area designated pursuant to subparagraph |
3671 | 1., subparagraph 2., or subparagraph 3. shall, within 2 years |
3672 | after the designated area becomes exempt, adopt into its local |
3673 | comprehensive plan land use and transportation strategies to |
3674 | support and fund mobility within the exception area, including |
3675 | alternative modes of transportation. Local governments are |
3676 | encouraged to adopt complementary land use and transportation |
3677 | strategies that reflect the region's shared vision for its |
3678 | future. If the state land planning agency finds insufficient |
3679 | cause for the failure to adopt into its comprehensive plan land |
3680 | use and transportation strategies to support and fund mobility |
3681 | within the designated exception area after 2 years, it shall |
3682 | submit the finding to the Administration Commission, which may |
3683 | impose any of the sanctions set forth in s. 163.3184(11)(a) and |
3684 | (b) against the local government. |
3685 | 5. Transportation concurrency exception areas designated |
3686 | pursuant to subparagraph 1., subparagraph 2., or subparagraph 3. |
3687 | do not apply to designated transportation concurrency districts |
3688 | located within a county that has a population of at least 1.5 |
3689 | million, has implemented and uses a transportation-related |
3690 | concurrency assessment to support alternative modes of |
3691 | transportation, including, but not limited to, mass transit, and |
3692 | does not levy transportation impact fees within the concurrency |
3693 | district. |
3694 | 6. Transportation concurrency exception areas designated |
3695 | under subparagraph 1., subparagraph 2., or subparagraph 3. do |
3696 | not apply in any county that has exempted more than 40 percent |
3697 | of the area inside the urban service area from transportation |
3698 | concurrency for the purpose of urban infill. |
3699 | 7. A local government that does not have a transportation |
3700 | concurrency exception area designated pursuant to subparagraph |
3701 | 1., subparagraph 2., or subparagraph 3. may grant an exception |
3702 | from the concurrency requirement for transportation facilities |
3703 | if the proposed development is otherwise consistent with the |
3704 | adopted local government comprehensive plan and is a project |
3705 | that promotes public transportation or is located within an area |
3706 | designated in the comprehensive plan for: |
3707 | a. Urban infill development; |
3708 | b. Urban redevelopment; |
3709 | c. Downtown revitalization; |
3710 | d. Urban infill and redevelopment under s. 163.2517; or |
3711 | e. An urban service area specifically designated as a |
3712 | transportation concurrency exception area which includes lands |
3713 | appropriate for compact, contiguous urban development, which |
3714 | does not exceed the amount of land needed to accommodate the |
3715 | projected population growth at densities consistent with the |
3716 | adopted comprehensive plan within the 10-year planning period, |
3717 | and which is served or is planned to be served with public |
3718 | facilities and services as provided by the capital improvements |
3719 | element. |
3720 | (c) The Legislature also finds that developments located |
3721 | within urban infill, urban redevelopment, urban service, or |
3722 | downtown revitalization areas or areas designated as urban |
3723 | infill and redevelopment areas under s. 163.2517, which pose |
3724 | only special part-time demands on the transportation system, are |
3725 | exempt from the concurrency requirement for transportation |
3726 | facilities. A special part-time demand is one that does not have |
3727 | more than 200 scheduled events during any calendar year and does |
3728 | not affect the 100 highest traffic volume hours. |
3729 | (d) Except for transportation concurrency exception areas |
3730 | designated pursuant to subparagraph (b)1., subparagraph (b)2., |
3731 | or subparagraph (b)3., the following requirements apply: |
3732 | 1. The local government shall both adopt into the |
3733 | comprehensive plan and implement long-term strategies to support |
3734 | and fund mobility within the designated exception area, |
3735 | including alternative modes of transportation. The plan |
3736 | amendment must also demonstrate how strategies will support the |
3737 | purpose of the exception and how mobility within the designated |
3738 | exception area will be provided. |
3739 | 2. The strategies must address urban design; appropriate |
3740 | land use mixes, including intensity and density; and network |
3741 | connectivity plans needed to promote urban infill, |
3742 | redevelopment, or downtown revitalization. The comprehensive |
3743 | plan amendment designating the concurrency exception area must |
3744 | be accompanied by data and analysis supporting the local |
3745 | government's determination of the boundaries of the |
3746 | transportation concurrency exception area. |
3747 | (e) Before designating a concurrency exception area |
3748 | pursuant to subparagraph (b)7., the state land planning agency |
3749 | and the Department of Transportation shall be consulted by the |
3750 | local government to assess the impact that the proposed |
3751 | exception area is expected to have on the adopted level-of- |
3752 | service standards established for regional transportation |
3753 | facilities identified pursuant to s. 186.507, including the |
3754 | Strategic Intermodal System and roadway facilities funded in |
3755 | accordance with s. 339.2819. Further, the local government shall |
3756 | provide a plan for the mitigation of impacts to the Strategic |
3757 | Intermodal System, including, if appropriate, access management, |
3758 | parallel reliever roads, transportation demand management, and |
3759 | other measures. |
3760 | (f) The designation of a transportation concurrency |
3761 | exception area does not limit a local government's home rule |
3762 | power to adopt ordinances or impose fees. This subsection does |
3763 | not affect any contract or agreement entered into or development |
3764 | order rendered before the creation of the transportation |
3765 | concurrency exception area except as provided in s. |
3766 | 380.06(29)(e). |
3767 | (g) The Office of Program Policy Analysis and Government |
3768 | Accountability shall submit to the President of the Senate and |
3769 | the Speaker of the House of Representatives by February 1, 2015, |
3770 | a report on transportation concurrency exception areas created |
3771 | pursuant to this subsection. At a minimum, the report shall |
3772 | address the methods that local governments have used to |
3773 | implement and fund transportation strategies to achieve the |
3774 | purposes of designated transportation concurrency exception |
3775 | areas, and the effects of the strategies on mobility, |
3776 | congestion, urban design, the density and intensity of land use |
3777 | mixes, and network connectivity plans used to promote urban |
3778 | infill, redevelopment, or downtown revitalization. |
3779 | (6) The Legislature finds that a de minimis impact is |
3780 | consistent with this part. A de minimis impact is an impact that |
3781 | would not affect more than 1 percent of the maximum volume at |
3782 | the adopted level of service of the affected transportation |
3783 | facility as determined by the local government. No impact will |
3784 | be de minimis if the sum of existing roadway volumes and the |
3785 | projected volumes from approved projects on a transportation |
3786 | facility would exceed 110 percent of the maximum volume at the |
3787 | adopted level of service of the affected transportation |
3788 | facility; provided however, that an impact of a single family |
3789 | home on an existing lot will constitute a de minimis impact on |
3790 | all roadways regardless of the level of the deficiency of the |
3791 | roadway. Further, no impact will be de minimis if it would |
3792 | exceed the adopted level-of-service standard of any affected |
3793 | designated hurricane evacuation routes. Each local government |
3794 | shall maintain sufficient records to ensure that the 110-percent |
3795 | criterion is not exceeded. Each local government shall submit |
3796 | annually, with its updated capital improvements element, a |
3797 | summary of the de minimis records. If the state land planning |
3798 | agency determines that the 110-percent criterion has been |
3799 | exceeded, the state land planning agency shall notify the local |
3800 | government of the exceedance and that no further de minimis |
3801 | exceptions for the applicable roadway may be granted until such |
3802 | time as the volume is reduced below the 110 percent. The local |
3803 | government shall provide proof of this reduction to the state |
3804 | land planning agency before issuing further de minimis |
3805 | exceptions. |
3806 | (7) In order to promote infill development and |
3807 | redevelopment, one or more transportation concurrency management |
3808 | areas may be designated in a local government comprehensive |
3809 | plan. A transportation concurrency management area must be a |
3810 | compact geographic area with an existing network of roads where |
3811 | multiple, viable alternative travel paths or modes are available |
3812 | for common trips. A local government may establish an areawide |
3813 | level-of-service standard for such a transportation concurrency |
3814 | management area based upon an analysis that provides for a |
3815 | justification for the areawide level of service, how urban |
3816 | infill development or redevelopment will be promoted, and how |
3817 | mobility will be accomplished within the transportation |
3818 | concurrency management area. Prior to the designation of a |
3819 | concurrency management area, the Department of Transportation |
3820 | shall be consulted by the local government to assess the impact |
3821 | that the proposed concurrency management area is expected to |
3822 | have on the adopted level-of-service standards established for |
3823 | Strategic Intermodal System facilities, as defined in s. 339.64, |
3824 | and roadway facilities funded in accordance with s. 339.2819. |
3825 | Further, the local government shall, in cooperation with the |
3826 | Department of Transportation, develop a plan to mitigate any |
3827 | impacts to the Strategic Intermodal System, including, if |
3828 | appropriate, the development of a long-term concurrency |
3829 | management system pursuant to subsection (9) and s. |
3830 | 163.3177(3)(d). Transportation concurrency management areas |
3831 | existing prior to July 1, 2005, shall meet, at a minimum, the |
3832 | provisions of this section by July 1, 2006, or at the time of |
3833 | the comprehensive plan update pursuant to the evaluation and |
3834 | appraisal report, whichever occurs last. The state land planning |
3835 | agency shall amend chapter 9J-5, Florida Administrative Code, to |
3836 | be consistent with this subsection. |
3837 | (8) When assessing the transportation impacts of proposed |
3838 | urban redevelopment within an established existing urban service |
3839 | area, 110 percent of the actual transportation impact caused by |
3840 | the previously existing development must be reserved for the |
3841 | redevelopment, even if the previously existing development has a |
3842 | lesser or nonexisting impact pursuant to the calculations of the |
3843 | local government. Redevelopment requiring less than 110 percent |
3844 | of the previously existing capacity shall not be prohibited due |
3845 | to the reduction of transportation levels of service below the |
3846 | adopted standards. This does not preclude the appropriate |
3847 | assessment of fees or accounting for the impacts within the |
3848 | concurrency management system and capital improvements program |
3849 | of the affected local government. This paragraph does not affect |
3850 | local government requirements for appropriate development |
3851 | permits. |
3852 | (9)(a) Each local government may adopt as a part of its |
3853 | plan, long-term transportation and school concurrency management |
3854 | systems with a planning period of up to 10 years for specially |
3855 | designated districts or areas where significant backlogs exist. |
3856 | The plan may include interim level-of-service standards on |
3857 | certain facilities and shall rely on the local government's |
3858 | schedule of capital improvements for up to 10 years as a basis |
3859 | for issuing development orders that authorize commencement of |
3860 | construction in these designated districts or areas. The |
3861 | concurrency management system must be designed to correct |
3862 | existing deficiencies and set priorities for addressing |
3863 | backlogged facilities. The concurrency management system must be |
3864 | financially feasible and consistent with other portions of the |
3865 | adopted local plan, including the future land use map. |
3866 | (b) If a local government has a transportation or school |
3867 | facility backlog for existing development which cannot be |
3868 | adequately addressed in a 10-year plan, the state land planning |
3869 | agency may allow it to develop a plan and long-term schedule of |
3870 | capital improvements covering up to 15 years for good and |
3871 | sufficient cause, based on a general comparison between that |
3872 | local government and all other similarly situated local |
3873 | jurisdictions, using the following factors: |
3874 | 1. The extent of the backlog. |
3875 | 2. For roads, whether the backlog is on local or state |
3876 | roads. |
3877 | 3. The cost of eliminating the backlog. |
3878 | 4. The local government's tax and other revenue-raising |
3879 | efforts. |
3880 | (c) The local government may issue approvals to commence |
3881 | construction notwithstanding this section, consistent with and |
3882 | in areas that are subject to a long-term concurrency management |
3883 | system. |
3884 | (d) If the local government adopts a long-term concurrency |
3885 | management system, it must evaluate the system periodically. At |
3886 | a minimum, the local government must assess its progress toward |
3887 | improving levels of service within the long-term concurrency |
3888 | management district or area in the evaluation and appraisal |
3889 | report and determine any changes that are necessary to |
3890 | accelerate progress in meeting acceptable levels of service. |
3891 | (10) Except in transportation concurrency exception areas, |
3892 | with regard to roadway facilities on the Strategic Intermodal |
3893 | System designated in accordance with s. 339.63, local |
3894 | governments shall adopt the level-of-service standard |
3895 | established by the Department of Transportation by rule. |
3896 | However, if the Office of Tourism, Trade, and Economic |
3897 | Development concurs in writing with the local government that |
3898 | the proposed development is for a qualified job creation project |
3899 | under s. 288.0656 or s. 403.973, the affected local government, |
3900 | after consulting with the Department of Transportation, may |
3901 | provide for a waiver of transportation concurrency for the |
3902 | project. For all other roads on the State Highway System, local |
3903 | governments shall establish an adequate level-of-service |
3904 | standard that need not be consistent with any level-of-service |
3905 | standard established by the Department of Transportation. In |
3906 | establishing adequate level-of-service standards for any |
3907 | arterial roads, or collector roads as appropriate, which |
3908 | traverse multiple jurisdictions, local governments shall |
3909 | consider compatibility with the roadway facility's adopted |
3910 | level-of-service standards in adjacent jurisdictions. Each local |
3911 | government within a county shall use a professionally accepted |
3912 | methodology for measuring impacts on transportation facilities |
3913 | for the purposes of implementing its concurrency management |
3914 | system. Counties are encouraged to coordinate with adjacent |
3915 | counties, and local governments within a county are encouraged |
3916 | to coordinate, for the purpose of using common methodologies for |
3917 | measuring impacts on transportation facilities for the purpose |
3918 | of implementing their concurrency management systems. |
3919 | (11) In order to limit the liability of local governments, |
3920 | a local government may allow a landowner to proceed with |
3921 | development of a specific parcel of land notwithstanding a |
3922 | failure of the development to satisfy transportation |
3923 | concurrency, when all the following factors are shown to exist: |
3924 | (a) The local government with jurisdiction over the |
3925 | property has adopted a local comprehensive plan that is in |
3926 | compliance. |
3927 | (b) The proposed development would be consistent with the |
3928 | future land use designation for the specific property and with |
3929 | pertinent portions of the adopted local plan, as determined by |
3930 | the local government. |
3931 | (c) The local plan includes a financially feasible capital |
3932 | improvements element that provides for transportation facilities |
3933 | adequate to serve the proposed development, and the local |
3934 | government has not implemented that element. |
3935 | (d) The local government has provided a means by which the |
3936 | landowner will be assessed a fair share of the cost of providing |
3937 | the transportation facilities necessary to serve the proposed |
3938 | development. |
3939 | (e) The landowner has made a binding commitment to the |
3940 | local government to pay the fair share of the cost of providing |
3941 | the transportation facilities to serve the proposed development. |
3942 | (12)(a) A development of regional impact may satisfy the |
3943 | transportation concurrency requirements of the local |
3944 | comprehensive plan, the local government's concurrency |
3945 | management system, and s. 380.06 by payment of a proportionate- |
3946 | share contribution for local and regionally significant traffic |
3947 | impacts, if: |
3948 | 1. The development of regional impact which, based on its |
3949 | location or mix of land uses, is designed to encourage |
3950 | pedestrian or other nonautomotive modes of transportation; |
3951 | 2. The proportionate-share contribution for local and |
3952 | regionally significant traffic impacts is sufficient to pay for |
3953 | one or more required mobility improvements that will benefit a |
3954 | regionally significant transportation facility; |
3955 | 3. The owner and developer of the development of regional |
3956 | impact pays or assures payment of the proportionate-share |
3957 | contribution; and |
3958 | 4. If the regionally significant transportation facility |
3959 | to be constructed or improved is under the maintenance authority |
3960 | of a governmental entity, as defined by s. 334.03(12), other |
3961 | than the local government with jurisdiction over the development |
3962 | of regional impact, the developer is required to enter into a |
3963 | binding and legally enforceable commitment to transfer funds to |
3964 | the governmental entity having maintenance authority or to |
3965 | otherwise assure construction or improvement of the facility. |
3966 |
|
3967 | The proportionate-share contribution may be applied to any |
3968 | transportation facility to satisfy the provisions of this |
3969 | subsection and the local comprehensive plan, but, for the |
3970 | purposes of this subsection, the amount of the proportionate- |
3971 | share contribution shall be calculated based upon the cumulative |
3972 | number of trips from the proposed development expected to reach |
3973 | roadways during the peak hour from the complete buildout of a |
3974 | stage or phase being approved, divided by the change in the peak |
3975 | hour maximum service volume of roadways resulting from |
3976 | construction of an improvement necessary to maintain the adopted |
3977 | level of service, multiplied by the construction cost, at the |
3978 | time of developer payment, of the improvement necessary to |
3979 | maintain the adopted level of service. For purposes of this |
3980 | subsection, "construction cost" includes all associated costs of |
3981 | the improvement. Proportionate-share mitigation shall be limited |
3982 | to ensure that a development of regional impact meeting the |
3983 | requirements of this subsection mitigates its impact on the |
3984 | transportation system but is not responsible for the additional |
3985 | cost of reducing or eliminating backlogs. This subsection also |
3986 | applies to Florida Quality Developments pursuant to s. 380.061 |
3987 | and to detailed specific area plans implementing optional sector |
3988 | plans pursuant to s. 163.3245. |
3989 | (b) As used in this subsection, the term "backlog" means a |
3990 | facility or facilities on which the adopted level-of-service |
3991 | standard is exceeded by the existing trips, plus additional |
3992 | projected background trips from any source other than the |
3993 | development project under review that are forecast by |
3994 | established traffic standards, including traffic modeling, |
3995 | consistent with the University of Florida Bureau of Economic and |
3996 | Business Research medium population projections. Additional |
3997 | projected background trips are to be coincident with the |
3998 | particular stage or phase of development under review. |
3999 | (13) School concurrency shall be established on a |
4000 | districtwide basis and shall include all public schools in the |
4001 | district and all portions of the district, whether located in a |
4002 | municipality or an unincorporated area unless exempt from the |
4003 | public school facilities element pursuant to s. 163.3177(12). |
4004 | (6)(a) If concurrency is applied to public education |
4005 | facilities, The application of school concurrency to development |
4006 | shall be based upon the adopted comprehensive plan, as amended. |
4007 | all local governments within a county, except as provided in |
4008 | paragraph (i) (f), shall include principles, guidelines, |
4009 | standards, and strategies, including adopted levels of service, |
4010 | in their comprehensive plans and adopt and transmit to the state |
4011 | land planning agency the necessary plan amendments, along with |
4012 | the interlocal agreements. If the county and one or more |
4013 | municipalities have adopted school concurrency into its |
4014 | comprehensive plan and interlocal agreement that represents at |
4015 | least 80 percent of the total countywide population, the failure |
4016 | of one or more municipalities to adopt the concurrency and enter |
4017 | into the interlocal agreement does not preclude implementation |
4018 | of school concurrency within jurisdictions of the school |
4019 | district that have opted to implement concurrency. agreement, |
4020 | for a compliance review pursuant to s. 163.3184(7) and (8). The |
4021 | minimum requirements for school concurrency are the following: |
4022 | (a) Public school facilities element.-A local government |
4023 | shall adopt and transmit to the state land planning agency a |
4024 | plan or plan amendment which includes a public school facilities |
4025 | element which is consistent with the requirements of s. |
4026 | 163.3177(12) and which is determined to be in compliance as |
4027 | defined in s. 163.3184(1)(b). All local government provisions |
4028 | included in comprehensive plans regarding school concurrency |
4029 | public school facilities plan elements within a county must be |
4030 | consistent with each other as well as the requirements of this |
4031 | part. |
4032 | (b) Level-of-service standards.-The Legislature recognizes |
4033 | that an essential requirement for a concurrency management |
4034 | system is the level of service at which a public facility is |
4035 | expected to operate. |
4036 | 1. Local governments and school boards imposing school |
4037 | concurrency shall exercise authority in conjunction with each |
4038 | other to establish jointly adequate level-of-service standards, |
4039 | as defined in chapter 9J-5, Florida Administrative Code, |
4040 | necessary to implement the adopted local government |
4041 | comprehensive plan, based on data and analysis. |
4042 | (c)2. Public school level-of-service standards shall be |
4043 | included and adopted into the capital improvements element of |
4044 | the local comprehensive plan and shall apply districtwide to all |
4045 | schools of the same type. Types of schools may include |
4046 | elementary, middle, and high schools as well as special purpose |
4047 | facilities such as magnet schools. |
4048 | (d)3. Local governments and school boards may shall have |
4049 | the option to utilize tiered level-of-service standards to allow |
4050 | time to achieve an adequate and desirable level of service as |
4051 | circumstances warrant. |
4052 | (e)4. For the purpose of determining whether levels of |
4053 | service have been achieved, for the first 3 years of school |
4054 | concurrency implementation, A school district that includes |
4055 | relocatable facilities in its inventory of student stations |
4056 | shall include the capacity of such relocatable facilities as |
4057 | provided in s. 1013.35(2)(b)2.f., provided the relocatable |
4058 | facilities were purchased after 1998 and the relocatable |
4059 | facilities meet the standards for long-term use pursuant to s. |
4060 | 1013.20. |
4061 | (c) Service areas.-The Legislature recognizes that an |
4062 | essential requirement for a concurrency system is a designation |
4063 | of the area within which the level of service will be measured |
4064 | when an application for a residential development permit is |
4065 | reviewed for school concurrency purposes. This delineation is |
4066 | also important for purposes of determining whether the local |
4067 | government has a financially feasible public school capital |
4068 | facilities program that will provide schools which will achieve |
4069 | and maintain the adopted level-of-service standards. |
4070 | (f)1. In order to balance competing interests, preserve |
4071 | the constitutional concept of uniformity, and avoid disruption |
4072 | of existing educational and growth management processes, local |
4073 | governments are encouraged, if they elect to adopt school |
4074 | concurrency, to initially apply school concurrency to |
4075 | development only on a districtwide basis so that a concurrency |
4076 | determination for a specific development will be based upon the |
4077 | availability of school capacity districtwide. To ensure that |
4078 | development is coordinated with schools having available |
4079 | capacity, within 5 years after adoption of school concurrency, |
4080 | 2. If a local government elects to governments shall apply |
4081 | school concurrency on a less than districtwide basis, by such as |
4082 | using school attendance zones or concurrency service areas:, as |
4083 | provided in subparagraph 2. |
4084 | a.2. For local governments applying school concurrency on |
4085 | a less than districtwide basis, such as utilizing school |
4086 | attendance zones or larger school concurrency service areas, |
4087 | Local governments and school boards shall have the burden to |
4088 | demonstrate that the utilization of school capacity is maximized |
4089 | to the greatest extent possible in the comprehensive plan and |
4090 | amendment, taking into account transportation costs and court- |
4091 | approved desegregation plans, as well as other factors. In |
4092 | addition, in order to achieve concurrency within the service |
4093 | area boundaries selected by local governments and school boards, |
4094 | the service area boundaries, together with the standards for |
4095 | establishing those boundaries, shall be identified and included |
4096 | as supporting data and analysis for the comprehensive plan. |
4097 | b.3. Where school capacity is available on a districtwide |
4098 | basis but school concurrency is applied on a less than |
4099 | districtwide basis in the form of concurrency service areas, if |
4100 | the adopted level-of-service standard cannot be met in a |
4101 | particular service area as applied to an application for a |
4102 | development permit and if the needed capacity for the particular |
4103 | service area is available in one or more contiguous service |
4104 | areas, as adopted by the local government, then the local |
4105 | government may not deny an application for site plan or final |
4106 | subdivision approval or the functional equivalent for a |
4107 | development or phase of a development on the basis of school |
4108 | concurrency, and if issued, development impacts shall be |
4109 | subtracted from the shifted to contiguous service area's areas |
4110 | with schools having available capacity totals. Students from the |
4111 | development may not be required to go to the adjacent service |
4112 | area unless the school board rezones the area in which the |
4113 | development occurs. |
4114 | (g)(d) Financial feasibility.-The Legislature recognizes |
4115 | that financial feasibility is an important issue because The |
4116 | premise of concurrency is that the public facilities will be |
4117 | provided in order to achieve and maintain the adopted level-of- |
4118 | service standard. This part and chapter 9J-5, Florida |
4119 | Administrative Code, contain specific standards to determine the |
4120 | financial feasibility of capital programs. These standards were |
4121 | adopted to make concurrency more predictable and local |
4122 | governments more accountable. |
4123 | 1. A comprehensive plan that imposes amendment seeking to |
4124 | impose school concurrency shall contain appropriate amendments |
4125 | to the capital improvements element of the comprehensive plan, |
4126 | consistent with the requirements of s. 163.3177(3) and rule 9J- |
4127 | 5.016, Florida Administrative Code. The capital improvements |
4128 | element shall identify facilities necessary to meet adopted |
4129 | levels of service during a 5-year period consistent with the |
4130 | school board's educational set forth a financially feasible |
4131 | public school capital facilities plan program, established in |
4132 | conjunction with the school board, that demonstrates that the |
4133 | adopted level-of-service standards will be achieved and |
4134 | maintained. |
4135 | (h)1. In order to limit the liability of local |
4136 | governments, a local government may allow a landowner to proceed |
4137 | with development of a specific parcel of land notwithstanding a |
4138 | failure of the development to satisfy school concurrency, if all |
4139 | the following factors are shown to exist: |
4140 | a. The proposed development would be consistent with the |
4141 | future land use designation for the specific property and with |
4142 | pertinent portions of the adopted local plan, as determined by |
4143 | the local government. |
4144 | b. The local government's capital improvements element and |
4145 | the school board's educational facilities plan provide for |
4146 | school facilities adequate to serve the proposed development, |
4147 | and the local government or school board has not implemented |
4148 | that element or the project includes a plan that demonstrates |
4149 | that the capital facilities needed as a result of the project |
4150 | can be reasonably provided. |
4151 | c. The local government and school board have provided a |
4152 | means by which the landowner will be assessed a proportionate |
4153 | share of the cost of providing the school facilities necessary |
4154 | to serve the proposed development. |
4155 | 2. Such amendments shall demonstrate that the public |
4156 | school capital facilities program meets all of the financial |
4157 | feasibility standards of this part and chapter 9J-5, Florida |
4158 | Administrative Code, that apply to capital programs which |
4159 | provide the basis for mandatory concurrency on other public |
4160 | facilities and services. |
4161 | 3. When the financial feasibility of a public school |
4162 | capital facilities program is evaluated by the state land |
4163 | planning agency for purposes of a compliance determination, the |
4164 | evaluation shall be based upon the service areas selected by the |
4165 | local governments and school board. |
4166 | 2.(e) Availability standard.-Consistent with the public |
4167 | welfare, If a local government applies school concurrency, it |
4168 | may not deny an application for site plan, final subdivision |
4169 | approval, or the functional equivalent for a development or |
4170 | phase of a development authorizing residential development for |
4171 | failure to achieve and maintain the level-of-service standard |
4172 | for public school capacity in a local school concurrency |
4173 | management system where adequate school facilities will be in |
4174 | place or under actual construction within 3 years after the |
4175 | issuance of final subdivision or site plan approval, or the |
4176 | functional equivalent. School concurrency is satisfied if the |
4177 | developer executes a legally binding commitment to provide |
4178 | mitigation proportionate to the demand for public school |
4179 | facilities to be created by actual development of the property, |
4180 | including, but not limited to, the options described in sub- |
4181 | subparagraph a. subparagraph 1. Options for proportionate-share |
4182 | mitigation of impacts on public school facilities must be |
4183 | established in the comprehensive plan public school facilities |
4184 | element and the interlocal agreement pursuant to s. 163.31777. |
4185 | a.1. Appropriate mitigation options include the |
4186 | contribution of land; the construction, expansion, or payment |
4187 | for land acquisition or construction of a public school |
4188 | facility; the construction of a charter school that complies |
4189 | with the requirements of s. 1002.33(18); or the creation of |
4190 | mitigation banking based on the construction of a public school |
4191 | facility in exchange for the right to sell capacity credits. |
4192 | Such options must include execution by the applicant and the |
4193 | local government of a development agreement that constitutes a |
4194 | legally binding commitment to pay proportionate-share mitigation |
4195 | for the additional residential units approved by the local |
4196 | government in a development order and actually developed on the |
4197 | property, taking into account residential density allowed on the |
4198 | property prior to the plan amendment that increased the overall |
4199 | residential density. The district school board must be a party |
4200 | to such an agreement. As a condition of its entry into such a |
4201 | development agreement, the local government may require the |
4202 | landowner to agree to continuing renewal of the agreement upon |
4203 | its expiration. |
4204 | b.2. If the interlocal agreement education facilities plan |
4205 | and the local government comprehensive plan public educational |
4206 | facilities element authorize a contribution of land; the |
4207 | construction, expansion, or payment for land acquisition; the |
4208 | construction or expansion of a public school facility, or a |
4209 | portion thereof; or the construction of a charter school that |
4210 | complies with the requirements of s. 1002.33(18), as |
4211 | proportionate-share mitigation, the local government shall |
4212 | credit such a contribution, construction, expansion, or payment |
4213 | toward any other impact fee or exaction imposed by local |
4214 | ordinance for the same need, on a dollar-for-dollar basis at |
4215 | fair market value. |
4216 | c.3. Any proportionate-share mitigation must be directed |
4217 | by the school board toward a school capacity improvement |
4218 | identified in the a financially feasible 5-year school board's |
4219 | educational facilities district work plan that satisfies the |
4220 | demands created by the development in accordance with a binding |
4221 | developer's agreement. |
4222 | 4. If a development is precluded from commencing because |
4223 | there is inadequate classroom capacity to mitigate the impacts |
4224 | of the development, the development may nevertheless commence if |
4225 | there are accelerated facilities in an approved capital |
4226 | improvement element scheduled for construction in year four or |
4227 | later of such plan which, when built, will mitigate the proposed |
4228 | development, or if such accelerated facilities will be in the |
4229 | next annual update of the capital facilities element, the |
4230 | developer enters into a binding, financially guaranteed |
4231 | agreement with the school district to construct an accelerated |
4232 | facility within the first 3 years of an approved capital |
4233 | improvement plan, and the cost of the school facility is equal |
4234 | to or greater than the development's proportionate share. When |
4235 | the completed school facility is conveyed to the school |
4236 | district, the developer shall receive impact fee credits usable |
4237 | within the zone where the facility is constructed or any |
4238 | attendance zone contiguous with or adjacent to the zone where |
4239 | the facility is constructed. |
4240 | 3.5. This paragraph does not limit the authority of a |
4241 | local government to deny a development permit or its functional |
4242 | equivalent pursuant to its home rule regulatory powers, except |
4243 | as provided in this part. |
4244 | (i)(f) Intergovernmental coordination.- |
4245 | 1. When establishing concurrency requirements for public |
4246 | schools, a local government shall satisfy the requirements for |
4247 | intergovernmental coordination set forth in s. 163.3177(6)(h)1. |
4248 | and 2., except that A municipality is not required to be a |
4249 | signatory to the interlocal agreement required by paragraph (j) |
4250 | ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for |
4251 | imposition of school concurrency, and as a nonsignatory, may |
4252 | shall not participate in the adopted local school concurrency |
4253 | system, if the municipality meets all of the following criteria |
4254 | for having no significant impact on school attendance: |
4255 | 1.a. The municipality has issued development orders for |
4256 | fewer than 50 residential dwelling units during the preceding 5 |
4257 | years, or the municipality has generated fewer than 25 |
4258 | additional public school students during the preceding 5 years. |
4259 | 2.b. The municipality has not annexed new land during the |
4260 | preceding 5 years in land use categories which permit |
4261 | residential uses that will affect school attendance rates. |
4262 | 3.c. The municipality has no public schools located within |
4263 | its boundaries. |
4264 | 4.d. At least 80 percent of the developable land within |
4265 | the boundaries of the municipality has been built upon. |
4266 | 2. A municipality which qualifies as having no significant |
4267 | impact on school attendance pursuant to the criteria of |
4268 | subparagraph 1. must review and determine at the time of its |
4269 | evaluation and appraisal report pursuant to s. 163.3191 whether |
4270 | it continues to meet the criteria pursuant to s. 163.31777(6). |
4271 | If the municipality determines that it no longer meets the |
4272 | criteria, it must adopt appropriate school concurrency goals, |
4273 | objectives, and policies in its plan amendments based on the |
4274 | evaluation and appraisal report, and enter into the existing |
4275 | interlocal agreement required by ss. 163.3177(6)(h)2. and |
4276 | 163.31777, in order to fully participate in the school |
4277 | concurrency system. If such a municipality fails to do so, it |
4278 | will be subject to the enforcement provisions of s. 163.3191. |
4279 | (j)(g) Interlocal agreement for school concurrency.-When |
4280 | establishing concurrency requirements for public schools, a |
4281 | local government must enter into an interlocal agreement that |
4282 | satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and |
4283 | 163.31777 and the requirements of this subsection. The |
4284 | interlocal agreement shall acknowledge both the school board's |
4285 | constitutional and statutory obligations to provide a uniform |
4286 | system of free public schools on a countywide basis, and the |
4287 | land use authority of local governments, including their |
4288 | authority to approve or deny comprehensive plan amendments and |
4289 | development orders. The interlocal agreement shall be submitted |
4290 | to the state land planning agency by the local government as a |
4291 | part of the compliance review, along with the other necessary |
4292 | amendments to the comprehensive plan required by this part. In |
4293 | addition to the requirements of ss. 163.3177(6)(h) and |
4294 | 163.31777, The interlocal agreement shall meet the following |
4295 | requirements: |
4296 | 1. Establish the mechanisms for coordinating the |
4297 | development, adoption, and amendment of each local government's |
4298 | school concurrency related provisions of the comprehensive plan |
4299 | public school facilities element with each other and the plans |
4300 | of the school board to ensure a uniform districtwide school |
4301 | concurrency system. |
4302 | 2. Establish a process for the development of siting |
4303 | criteria which encourages the location of public schools |
4304 | proximate to urban residential areas to the extent possible and |
4305 | seeks to collocate schools with other public facilities such as |
4306 | parks, libraries, and community centers to the extent possible. |
4307 | 2.3. Specify uniform, districtwide level-of-service |
4308 | standards for public schools of the same type and the process |
4309 | for modifying the adopted level-of-service standards. |
4310 | 4. Establish a process for the preparation, amendment, and |
4311 | joint approval by each local government and the school board of |
4312 | a public school capital facilities program which is financially |
4313 | feasible, and a process and schedule for incorporation of the |
4314 | public school capital facilities program into the local |
4315 | government comprehensive plans on an annual basis. |
4316 | 3.5. Define the geographic application of school |
4317 | concurrency. If school concurrency is to be applied on a less |
4318 | than districtwide basis in the form of concurrency service |
4319 | areas, the agreement shall establish criteria and standards for |
4320 | the establishment and modification of school concurrency service |
4321 | areas. The agreement shall also establish a process and schedule |
4322 | for the mandatory incorporation of the school concurrency |
4323 | service areas and the criteria and standards for establishment |
4324 | of the service areas into the local government comprehensive |
4325 | plans. The agreement shall ensure maximum utilization of school |
4326 | capacity, taking into account transportation costs and court- |
4327 | approved desegregation plans, as well as other factors. The |
4328 | agreement shall also ensure the achievement and maintenance of |
4329 | the adopted level-of-service standards for the geographic area |
4330 | of application throughout the 5 years covered by the public |
4331 | school capital facilities plan and thereafter by adding a new |
4332 | fifth year during the annual update. |
4333 | 4.6. Establish a uniform districtwide procedure for |
4334 | implementing school concurrency which provides for: |
4335 | a. The evaluation of development applications for |
4336 | compliance with school concurrency requirements, including |
4337 | information provided by the school board on affected schools, |
4338 | impact on levels of service, and programmed improvements for |
4339 | affected schools and any options to provide sufficient capacity; |
4340 | b. An opportunity for the school board to review and |
4341 | comment on the effect of comprehensive plan amendments and |
4342 | rezonings on the public school facilities plan; and |
4343 | c. The monitoring and evaluation of the school concurrency |
4344 | system. |
4345 | 7. Include provisions relating to amendment of the |
4346 | agreement. |
4347 | 5.8. A process and uniform methodology for determining |
4348 | proportionate-share mitigation pursuant to paragraph (h) |
4349 | subparagraph (e)1. |
4350 | (k)(h) Local government authority.-This subsection does |
4351 | not limit the authority of a local government to grant or deny a |
4352 | development permit or its functional equivalent prior to the |
4353 | implementation of school concurrency. |
4354 | (14) The state land planning agency shall, by October 1, |
4355 | 1998, adopt by rule minimum criteria for the review and |
4356 | determination of compliance of a public school facilities |
4357 | element adopted by a local government for purposes of imposition |
4358 | of school concurrency. |
4359 | (15)(a) Multimodal transportation districts may be |
4360 | established under a local government comprehensive plan in areas |
4361 | delineated on the future land use map for which the local |
4362 | comprehensive plan assigns secondary priority to vehicle |
4363 | mobility and primary priority to assuring a safe, comfortable, |
4364 | and attractive pedestrian environment, with convenient |
4365 | interconnection to transit. Such districts must incorporate |
4366 | community design features that will reduce the number of |
4367 | automobile trips or vehicle miles of travel and will support an |
4368 | integrated, multimodal transportation system. Prior to the |
4369 | designation of multimodal transportation districts, the |
4370 | Department of Transportation shall be consulted by the local |
4371 | government to assess the impact that the proposed multimodal |
4372 | district area is expected to have on the adopted level-of- |
4373 | service standards established for Strategic Intermodal System |
4374 | facilities, as defined in s. 339.64, and roadway facilities |
4375 | funded in accordance with s. 339.2819. Further, the local |
4376 | government shall, in cooperation with the Department of |
4377 | Transportation, develop a plan to mitigate any impacts to the |
4378 | Strategic Intermodal System, including the development of a |
4379 | long-term concurrency management system pursuant to subsection |
4380 | (9) and s. 163.3177(3)(d). Multimodal transportation districts |
4381 | existing prior to July 1, 2005, shall meet, at a minimum, the |
4382 | provisions of this section by July 1, 2006, or at the time of |
4383 | the comprehensive plan update pursuant to the evaluation and |
4384 | appraisal report, whichever occurs last. |
4385 | (b) Community design elements of such a district include: |
4386 | a complementary mix and range of land uses, including |
4387 | educational, recreational, and cultural uses; interconnected |
4388 | networks of streets designed to encourage walking and bicycling, |
4389 | with traffic-calming where desirable; appropriate densities and |
4390 | intensities of use within walking distance of transit stops; |
4391 | daily activities within walking distance of residences, allowing |
4392 | independence to persons who do not drive; public uses, streets, |
4393 | and squares that are safe, comfortable, and attractive for the |
4394 | pedestrian, with adjoining buildings open to the street and with |
4395 | parking not interfering with pedestrian, transit, automobile, |
4396 | and truck travel modes. |
4397 | (c) Local governments may establish multimodal level-of- |
4398 | service standards that rely primarily on nonvehicular modes of |
4399 | transportation within the district, when justified by an |
4400 | analysis demonstrating that the existing and planned community |
4401 | design will provide an adequate level of mobility within the |
4402 | district based upon professionally accepted multimodal level-of- |
4403 | service methodologies. The analysis must also demonstrate that |
4404 | the capital improvements required to promote community design |
4405 | are financially feasible over the development or redevelopment |
4406 | timeframe for the district and that community design features |
4407 | within the district provide convenient interconnection for a |
4408 | multimodal transportation system. Local governments may issue |
4409 | development permits in reliance upon all planned community |
4410 | design capital improvements that are financially feasible over |
4411 | the development or redevelopment timeframe for the district, |
4412 | without regard to the period of time between development or |
4413 | redevelopment and the scheduled construction of the capital |
4414 | improvements. A determination of financial feasibility shall be |
4415 | based upon currently available funding or funding sources that |
4416 | could reasonably be expected to become available over the |
4417 | planning period. |
4418 | (d) Local governments may reduce impact fees or local |
4419 | access fees for development within multimodal transportation |
4420 | districts based on the reduction of vehicle trips per household |
4421 | or vehicle miles of travel expected from the development pattern |
4422 | planned for the district. |
4423 | (16) It is the intent of the Legislature to provide a |
4424 | method by which the impacts of development on transportation |
4425 | facilities can be mitigated by the cooperative efforts of the |
4426 | public and private sectors. The methodology used to calculate |
4427 | proportionate fair-share mitigation under this section shall be |
4428 | as provided for in subsection (12). |
4429 | (a) By December 1, 2006, each local government shall adopt |
4430 | by ordinance a methodology for assessing proportionate fair- |
4431 | share mitigation options. By December 1, 2005, the Department of |
4432 | Transportation shall develop a model transportation concurrency |
4433 | management ordinance with methodologies for assessing |
4434 | proportionate fair-share mitigation options. |
4435 | (b)1. In its transportation concurrency management system, |
4436 | a local government shall, by December 1, 2006, include |
4437 | methodologies that will be applied to calculate proportionate |
4438 | fair-share mitigation. A developer may choose to satisfy all |
4439 | transportation concurrency requirements by contributing or |
4440 | paying proportionate fair-share mitigation if transportation |
4441 | facilities or facility segments identified as mitigation for |
4442 | traffic impacts are specifically identified for funding in the |
4443 | 5-year schedule of capital improvements in the capital |
4444 | improvements element of the local plan or the long-term |
4445 | concurrency management system or if such contributions or |
4446 | payments to such facilities or segments are reflected in the 5- |
4447 | year schedule of capital improvements in the next regularly |
4448 | scheduled update of the capital improvements element. Updates to |
4449 | the 5-year capital improvements element which reflect |
4450 | proportionate fair-share contributions may not be found not in |
4451 | compliance based on ss. 163.3164(32) and 163.3177(3) if |
4452 | additional contributions, payments or funding sources are |
4453 | reasonably anticipated during a period not to exceed 10 years to |
4454 | fully mitigate impacts on the transportation facilities. |
4455 | 2. Proportionate fair-share mitigation shall be applied as |
4456 | a credit against impact fees to the extent that all or a portion |
4457 | of the proportionate fair-share mitigation is used to address |
4458 | the same capital infrastructure improvements contemplated by the |
4459 | local government's impact fee ordinance. |
4460 | (c) Proportionate fair-share mitigation includes, without |
4461 | limitation, separately or collectively, private funds, |
4462 | contributions of land, and construction and contribution of |
4463 | facilities and may include public funds as determined by the |
4464 | local government. Proportionate fair-share mitigation may be |
4465 | directed toward one or more specific transportation improvements |
4466 | reasonably related to the mobility demands created by the |
4467 | development and such improvements may address one or more modes |
4468 | of travel. The fair market value of the proportionate fair-share |
4469 | mitigation shall not differ based on the form of mitigation. A |
4470 | local government may not require a development to pay more than |
4471 | its proportionate fair-share contribution regardless of the |
4472 | method of mitigation. Proportionate fair-share mitigation shall |
4473 | be limited to ensure that a development meeting the requirements |
4474 | of this section mitigates its impact on the transportation |
4475 | system but is not responsible for the additional cost of |
4476 | reducing or eliminating backlogs. |
4477 | (d) This subsection does not require a local government to |
4478 | approve a development that is not otherwise qualified for |
4479 | approval pursuant to the applicable local comprehensive plan and |
4480 | land development regulations. |
4481 | (e) Mitigation for development impacts to facilities on |
4482 | the Strategic Intermodal System made pursuant to this subsection |
4483 | requires the concurrence of the Department of Transportation. |
4484 | (f) If the funds in an adopted 5-year capital improvements |
4485 | element are insufficient to fully fund construction of a |
4486 | transportation improvement required by the local government's |
4487 | concurrency management system, a local government and a |
4488 | developer may still enter into a binding proportionate-share |
4489 | agreement authorizing the developer to construct that amount of |
4490 | development on which the proportionate share is calculated if |
4491 | the proportionate-share amount in such agreement is sufficient |
4492 | to pay for one or more improvements which will, in the opinion |
4493 | of the governmental entity or entities maintaining the |
4494 | transportation facilities, significantly benefit the impacted |
4495 | transportation system. The improvements funded by the |
4496 | proportionate-share component must be adopted into the 5-year |
4497 | capital improvements schedule of the comprehensive plan at the |
4498 | next annual capital improvements element update. The funding of |
4499 | any improvements that significantly benefit the impacted |
4500 | transportation system satisfies concurrency requirements as a |
4501 | mitigation of the development's impact upon the overall |
4502 | transportation system even if there remains a failure of |
4503 | concurrency on other impacted facilities. |
4504 | (g) Except as provided in subparagraph (b)1., this section |
4505 | may not prohibit the Department of Community Affairs from |
4506 | finding other portions of the capital improvements element |
4507 | amendments not in compliance as provided in this chapter. |
4508 | (h) The provisions of this subsection do not apply to a |
4509 | development of regional impact satisfying the requirements of |
4510 | subsection (12). |
4511 | (i) As used in this subsection, the term "backlog" means a |
4512 | facility or facilities on which the adopted level-of-service |
4513 | standard is exceeded by the existing trips, plus additional |
4514 | projected background trips from any source other than the |
4515 | development project under review that are forecast by |
4516 | established traffic standards, including traffic modeling, |
4517 | consistent with the University of Florida Bureau of Economic and |
4518 | Business Research medium population projections. Additional |
4519 | projected background trips are to be coincident with the |
4520 | particular stage or phase of development under review. |
4521 | (17) A local government and the developer of affordable |
4522 | workforce housing units developed in accordance with s. |
4523 | 380.06(19) or s. 380.0651(3) may identify an employment center |
4524 | or centers in close proximity to the affordable workforce |
4525 | housing units. If at least 50 percent of the units are occupied |
4526 | by an employee or employees of an identified employment center |
4527 | or centers, all of the affordable workforce housing units are |
4528 | exempt from transportation concurrency requirements, and the |
4529 | local government may not reduce any transportation trip- |
4530 | generation entitlements of an approved development-of-regional- |
4531 | impact development order. As used in this subsection, the term |
4532 | "close proximity" means 5 miles from the nearest point of the |
4533 | development of regional impact to the nearest point of the |
4534 | employment center, and the term "employment center" means a |
4535 | place of employment that employs at least 25 or more full-time |
4536 | employees. |
4537 | Section 16. Section 163.3182, Florida Statutes, is amended |
4538 | to read: |
4539 | 163.3182 Transportation deficiencies concurrency |
4540 | backlogs.- |
4541 | (1) DEFINITIONS.-For purposes of this section, the term: |
4542 | (a) "Transportation deficiency concurrency backlog area" |
4543 | means the geographic area within the unincorporated portion of a |
4544 | county or within the municipal boundary of a municipality |
4545 | designated in a local government comprehensive plan for which a |
4546 | transportation development concurrency backlog authority is |
4547 | created pursuant to this section. A transportation deficiency |
4548 | concurrency backlog area created within the corporate boundary |
4549 | of a municipality shall be made pursuant to an interlocal |
4550 | agreement between a county, a municipality or municipalities, |
4551 | and any affected taxing authority or authorities. |
4552 | (b) "Authority" or "transportation development concurrency |
4553 | backlog authority" means the governing body of a county or |
4554 | municipality within which an authority is created. |
4555 | (c) "Governing body" means the council, commission, or |
4556 | other legislative body charged with governing the county or |
4557 | municipality within which an a transportation concurrency |
4558 | backlog authority is created pursuant to this section. |
4559 | (d) "Transportation deficiency concurrency backlog" means |
4560 | an identified need deficiency where the existing and projected |
4561 | extent of traffic volume exceeds the level of service standard |
4562 | adopted in a local government comprehensive plan for a |
4563 | transportation facility. |
4564 | (e) "Transportation sufficiency concurrency backlog plan" |
4565 | means the plan adopted as part of a local government |
4566 | comprehensive plan by the governing body of a county or |
4567 | municipality acting as a transportation development concurrency |
4568 | backlog authority. |
4569 | (f) "Transportation concurrency backlog project" means any |
4570 | designated transportation project identified for construction |
4571 | within the jurisdiction of a transportation development |
4572 | concurrency backlog authority. |
4573 | (g) "Debt service millage" means any millage levied |
4574 | pursuant to s. 12, Art. VII of the State Constitution. |
4575 | (h) "Increment revenue" means the amount calculated |
4576 | pursuant to subsection (5). |
4577 | (i) "Taxing authority" means a public body that levies or |
4578 | is authorized to levy an ad valorem tax on real property located |
4579 | within a transportation deficiency concurrency backlog area, |
4580 | except a school district. |
4581 | (2) CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY |
4582 | BACKLOG AUTHORITIES.- |
4583 | (a) A county or municipality may create a transportation |
4584 | development concurrency backlog authority if it has an |
4585 | identified transportation deficiency concurrency backlog. |
4586 | (b) Acting as the transportation development concurrency |
4587 | backlog authority within the authority's jurisdictional |
4588 | boundary, the governing body of a county or municipality shall |
4589 | adopt and implement a plan to eliminate all identified |
4590 | transportation deficiencies concurrency backlogs within the |
4591 | authority's jurisdiction using funds provided pursuant to |
4592 | subsection (5) and as otherwise provided pursuant to this |
4593 | section. |
4594 | (c) The Legislature finds and declares that there exist in |
4595 | many counties and municipalities areas that have significant |
4596 | transportation deficiencies and inadequate transportation |
4597 | facilities; that many insufficiencies and inadequacies severely |
4598 | limit or prohibit the satisfaction of transportation level of |
4599 | service concurrency standards; that the transportation |
4600 | insufficiencies and inadequacies affect the health, safety, and |
4601 | welfare of the residents of these counties and municipalities; |
4602 | that the transportation insufficiencies and inadequacies |
4603 | adversely affect economic development and growth of the tax base |
4604 | for the areas in which these insufficiencies and inadequacies |
4605 | exist; and that the elimination of transportation deficiencies |
4606 | and inadequacies and the satisfaction of transportation |
4607 | concurrency standards are paramount public purposes for the |
4608 | state and its counties and municipalities. |
4609 | (3) POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY |
4610 | BACKLOG AUTHORITY.-Each transportation development concurrency |
4611 | backlog authority created pursuant to this section has the |
4612 | powers necessary or convenient to carry out the purposes of this |
4613 | section, including the following powers in addition to others |
4614 | granted in this section: |
4615 | (a) To make and execute contracts and other instruments |
4616 | necessary or convenient to the exercise of its powers under this |
4617 | section. |
4618 | (b) To undertake and carry out transportation concurrency |
4619 | backlog projects for transportation facilities designed to |
4620 | relieve transportation deficiencies that have a concurrency |
4621 | backlog within the authority's jurisdiction. Transportation |
4622 | Concurrency backlog projects may include transportation |
4623 | facilities that provide for alternative modes of travel |
4624 | including sidewalks, bikeways, and mass transit which are |
4625 | related to a deficient backlogged transportation facility. |
4626 | (c) To invest any transportation concurrency backlog funds |
4627 | held in reserve, sinking funds, or any such funds not required |
4628 | for immediate disbursement in property or securities in which |
4629 | savings banks may legally invest funds subject to the control of |
4630 | the authority and to redeem such bonds as have been issued |
4631 | pursuant to this section at the redemption price established |
4632 | therein, or to purchase such bonds at less than redemption |
4633 | price. All such bonds redeemed or purchased shall be canceled. |
4634 | (d) To borrow money, including, but not limited to, |
4635 | issuing debt obligations such as, but not limited to, bonds, |
4636 | notes, certificates, and similar debt instruments; to apply for |
4637 | and accept advances, loans, grants, contributions, and any other |
4638 | forms of financial assistance from the Federal Government or the |
4639 | state, county, or any other public body or from any sources, |
4640 | public or private, for the purposes of this part; to give such |
4641 | security as may be required; to enter into and carry out |
4642 | contracts or agreements; and to include in any contracts for |
4643 | financial assistance with the Federal Government for or with |
4644 | respect to a transportation concurrency backlog project and |
4645 | related activities such conditions imposed under federal laws as |
4646 | the transportation development concurrency backlog authority |
4647 | considers reasonable and appropriate and which are not |
4648 | inconsistent with the purposes of this section. |
4649 | (e) To make or have made all surveys and plans necessary |
4650 | to the carrying out of the purposes of this section; to contract |
4651 | with any persons, public or private, in making and carrying out |
4652 | such plans; and to adopt, approve, modify, or amend such |
4653 | transportation sufficiency concurrency backlog plans. |
4654 | (f) To appropriate such funds and make such expenditures |
4655 | as are necessary to carry out the purposes of this section, and |
4656 | to enter into agreements with other public bodies, which |
4657 | agreements may extend over any period notwithstanding any |
4658 | provision or rule of law to the contrary. |
4659 | (4) TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.- |
4660 | (a) Each transportation development concurrency backlog |
4661 | authority shall adopt a transportation sufficiency concurrency |
4662 | backlog plan as a part of the local government comprehensive |
4663 | plan within 6 months after the creation of the authority. The |
4664 | plan must: |
4665 | (a)1. Identify all transportation facilities that have |
4666 | been designated as deficient and require the expenditure of |
4667 | moneys to upgrade, modify, or mitigate the deficiency. |
4668 | (b)2. Include a priority listing of all transportation |
4669 | facilities that have been designated as deficient and do not |
4670 | satisfy concurrency requirements pursuant to s. 163.3180, and |
4671 | the applicable local government comprehensive plan. |
4672 | (c)3. Establish a schedule for financing and construction |
4673 | of transportation concurrency backlog projects that will |
4674 | eliminate transportation deficiencies concurrency backlogs |
4675 | within the jurisdiction of the authority within 10 years after |
4676 | the transportation sufficiency concurrency backlog plan |
4677 | adoption. The schedule shall be adopted as part of the local |
4678 | government comprehensive plan. |
4679 | (b) The adoption of the transportation concurrency backlog |
4680 | plan shall be exempt from the provisions of s. 163.3187(1). |
4681 |
|
4682 | Notwithstanding such schedule requirements, as long as the |
4683 | schedule provides for the elimination of all transportation |
4684 | deficiencies concurrency backlogs within 10 years after the |
4685 | adoption of the transportation sufficiency concurrency backlog |
4686 | plan, the final maturity date of any debt incurred to finance or |
4687 | refinance the related projects may be no later than 40 years |
4688 | after the date the debt is incurred and the authority may |
4689 | continue operations and administer the trust fund established as |
4690 | provided in subsection (5) for as long as the debt remains |
4691 | outstanding. |
4692 | (5) ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation |
4693 | development concurrency backlog authority shall establish a |
4694 | local transportation concurrency backlog trust fund upon |
4695 | creation of the authority. Each local trust fund shall be |
4696 | administered by the transportation development concurrency |
4697 | backlog authority within which a transportation deficiencies |
4698 | have concurrency backlog has been identified. Each local trust |
4699 | fund must continue to be funded under this section for as long |
4700 | as the projects set forth in the related transportation |
4701 | sufficiency concurrency backlog plan remain to be completed or |
4702 | until any debt incurred to finance or refinance the related |
4703 | projects is no longer outstanding, whichever occurs later. |
4704 | Beginning in the first fiscal year after the creation of the |
4705 | authority, each local trust fund shall be funded by the proceeds |
4706 | of an ad valorem tax increment collected within each |
4707 | transportation deficiency concurrency backlog area to be |
4708 | determined annually and shall be a minimum of 25 percent of the |
4709 | difference between the amounts set forth in paragraphs (a) and |
4710 | (b), except that if all of the affected taxing authorities agree |
4711 | under an interlocal agreement, a particular local trust fund may |
4712 | be funded by the proceeds of an ad valorem tax increment greater |
4713 | than 25 percent of the difference between the amounts set forth |
4714 | in paragraphs (a) and (b): |
4715 | (a) The amount of ad valorem tax levied each year by each |
4716 | taxing authority, exclusive of any amount from any debt service |
4717 | millage, on taxable real property contained within the |
4718 | jurisdiction of the transportation development concurrency |
4719 | backlog authority and within the transportation deficiency |
4720 | backlog area; and |
4721 | (b) The amount of ad valorem taxes which would have been |
4722 | produced by the rate upon which the tax is levied each year by |
4723 | or for each taxing authority, exclusive of any debt service |
4724 | millage, upon the total of the assessed value of the taxable |
4725 | real property within the transportation deficiency concurrency |
4726 | backlog area as shown on the most recent assessment roll used in |
4727 | connection with the taxation of such property of each taxing |
4728 | authority prior to the effective date of the ordinance funding |
4729 | the trust fund. |
4730 | (6) EXEMPTIONS.- |
4731 | (a) The following public bodies or taxing authorities are |
4732 | exempt from the provisions of this section: |
4733 | 1. A special district that levies ad valorem taxes on |
4734 | taxable real property in more than one county. |
4735 | 2. A special district for which the sole available source |
4736 | of revenue is the authority to levy ad valorem taxes at the time |
4737 | an ordinance is adopted under this section. However, revenues or |
4738 | aid that may be dispensed or appropriated to a district as |
4739 | defined in s. 388.011 at the discretion of an entity other than |
4740 | such district are shall not be deemed available. |
4741 | 3. A library district. |
4742 | 4. A neighborhood improvement district created under the |
4743 | Safe Neighborhoods Act. |
4744 | 5. A metropolitan transportation authority. |
4745 | 6. A water management district created under s. 373.069. |
4746 | 7. A community redevelopment agency. |
4747 | (b) A transportation development concurrency exemption |
4748 | authority may also exempt from this section a special district |
4749 | that levies ad valorem taxes within the transportation |
4750 | deficiency concurrency backlog area pursuant to s. |
4751 | 163.387(2)(d). |
4752 | (7) TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption |
4753 | of a transportation sufficiency concurrency backlog plan as a |
4754 | part of the local government comprehensive plan, and the plan |
4755 | going into effect, the area subject to the plan shall be deemed |
4756 | to have achieved and maintained transportation level-of-service |
4757 | standards, and to have met requirements for financial |
4758 | feasibility for transportation facilities, and for the purpose |
4759 | of proposed development transportation concurrency has been |
4760 | satisfied. Proportionate fair-share mitigation shall be limited |
4761 | to ensure that a development inside a transportation deficiency |
4762 | concurrency backlog area is not responsible for the additional |
4763 | costs of eliminating deficiencies backlogs. |
4764 | (8) DISSOLUTION.-Upon completion of all transportation |
4765 | concurrency backlog projects identified in the transportation |
4766 | sufficiency plan and repayment or defeasance of all debt issued |
4767 | to finance or refinance such projects, a transportation |
4768 | development concurrency backlog authority shall be dissolved, |
4769 | and its assets and liabilities transferred to the county or |
4770 | municipality within which the authority is located. All |
4771 | remaining assets of the authority must be used for |
4772 | implementation of transportation projects within the |
4773 | jurisdiction of the authority. The local government |
4774 | comprehensive plan shall be amended to remove the transportation |
4775 | concurrency backlog plan. |
4776 | Section 17. Section 163.3184, Florida Statutes, is amended |
4777 | to read: |
4778 | 163.3184 Process for adoption of comprehensive plan or |
4779 | plan amendment.- |
4780 | (1) DEFINITIONS.-As used in this section, the term: |
4781 | (a) "Affected person" includes the affected local |
4782 | government; persons owning property, residing, or owning or |
4783 | operating a business within the boundaries of the local |
4784 | government whose plan is the subject of the review; owners of |
4785 | real property abutting real property that is the subject of a |
4786 | proposed change to a future land use map; and adjoining local |
4787 | governments that can demonstrate that the plan or plan amendment |
4788 | will produce substantial impacts on the increased need for |
4789 | publicly funded infrastructure or substantial impacts on areas |
4790 | designated for protection or special treatment within their |
4791 | jurisdiction. Each person, other than an adjoining local |
4792 | government, in order to qualify under this definition, shall |
4793 | also have submitted oral or written comments, recommendations, |
4794 | or objections to the local government during the period of time |
4795 | beginning with the transmittal hearing for the plan or plan |
4796 | amendment and ending with the adoption of the plan or plan |
4797 | amendment. |
4798 | (b) "In compliance" means consistent with the requirements |
4799 | of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and |
4800 | 163.3248 with the state comprehensive plan, with the appropriate |
4801 | strategic regional policy plan, and with chapter 9J-5, Florida |
4802 | Administrative Code, where such rule is not inconsistent with |
4803 | this part and with the principles for guiding development in |
4804 | designated areas of critical state concern and with part III of |
4805 | chapter 369, where applicable. |
4806 | (c) "Reviewing agencies" means: |
4807 | 1. The state land planning agency; |
4808 | 2. The appropriate regional planning council; |
4809 | 3. The appropriate water management district; |
4810 | 4. The Department of Environmental Protection; |
4811 | 5. The Department of State; |
4812 | 6. The Department of Transportation; |
4813 | 7. In the case of plan amendments relating to public |
4814 | schools, the Department of Education; |
4815 | 8. In the case of plans or plan amendments that affect a |
4816 | military installation listed in s. 163.3175, the commanding |
4817 | officer of the affected military installation; |
4818 | 9. In the case of county plans and plan amendments, the |
4819 | Fish and Wildlife Conservation Commission and the Department of |
4820 | Agriculture and Consumer Services; and |
4821 | 10. In the case of municipal plans and plan amendments, |
4822 | the county in which the municipality is located. |
4823 | (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.- |
4824 | (a) Plan amendments adopted by local governments shall |
4825 | follow the expedited state review process in subsection (3), |
4826 | except as set forth in paragraphs (b) and (c). |
4827 | (b) Plan amendments that qualify as small-scale |
4828 | development amendments may follow the small-scale review process |
4829 | in s. 163.3187. |
4830 | (c) Plan amendments that are in an area of critical state |
4831 | concern designated pursuant to s. 380.05; propose a rural land |
4832 | stewardship area pursuant to s. 163.3248; propose a sector plan |
4833 | pursuant to s. 163.3245; update a comprehensive plan based on an |
4834 | evaluation and appraisal pursuant to s. 163.3191; or are new |
4835 | plans for newly incorporated municipalities adopted pursuant to |
4836 | s. 163.3167 shall follow the state coordinated review process in |
4837 | subsection (4). |
4838 | (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF |
4839 | COMPREHENSIVE PLAN AMENDMENTS.- |
4840 | (a) The process for amending a comprehensive plan |
4841 | described in this subsection shall apply to all amendments |
4842 | except as provided in paragraphs (2)(b) and (c) and shall be |
4843 | applicable statewide. |
4844 | (b)1. The local government, after the initial public |
4845 | hearing held pursuant to subsection (11), shall transmit within |
4846 | 10 days the amendment or amendments and appropriate supporting |
4847 | data and analyses to the reviewing agencies. The local governing |
4848 | body shall also transmit a copy of the amendments and supporting |
4849 | data and analyses to any other local government or governmental |
4850 | agency that has filed a written request with the governing body. |
4851 | 2. The reviewing agencies and any other local government |
4852 | or governmental agency specified in subparagraph 1. may provide |
4853 | comments regarding the amendment or amendments to the local |
4854 | government. State agencies shall only comment on important state |
4855 | resources and facilities that will be adversely impacted by the |
4856 | amendment if adopted. Comments provided by state agencies shall |
4857 | state with specificity how the plan amendment will adversely |
4858 | impact an important state resource or facility and shall |
4859 | identify measures the local government may take to eliminate, |
4860 | reduce, or mitigate the adverse impacts. Such comments, if not |
4861 | resolved, may result in a challenge by the state land planning |
4862 | agency to the plan amendment. Agencies and local governments |
4863 | must transmit their comments to the affected local government |
4864 | such that they are received by the local government not later |
4865 | than 30 days from the date on which the agency or government |
4866 | received the amendment or amendments. Reviewing agencies shall |
4867 | also send a copy of their comments to the state land planning |
4868 | agency. |
4869 | 3. Comments to the local government from a regional |
4870 | planning council, county, or municipality shall be limited as |
4871 | follows: |
4872 | a. The regional planning council review and comments shall |
4873 | be limited to adverse effects on regional resources or |
4874 | facilities identified in the strategic regional policy plan and |
4875 | extrajurisdictional impacts that would be inconsistent with the |
4876 | comprehensive plan of any affected local government within the |
4877 | region. A regional planning council may not review and comment |
4878 | on a proposed comprehensive plan amendment prepared by such |
4879 | council unless the plan amendment has been changed by the local |
4880 | government subsequent to the preparation of the plan amendment |
4881 | by the regional planning council. |
4882 | b. County comments shall be in the context of the |
4883 | relationship and effect of the proposed plan amendments on the |
4884 | county plan. |
4885 | c. Municipal comments shall be in the context of the |
4886 | relationship and effect of the proposed plan amendments on the |
4887 | municipal plan. |
4888 | d. Military installation comments shall be provided in |
4889 | accordance with s. 163.3175. |
4890 | 4. Comments to the local government from state agencies |
4891 | shall be limited to the following subjects as they relate to |
4892 | important state resources and facilities that will be adversely |
4893 | impacted by the amendment if adopted: |
4894 | a. The Department of Environmental Protection shall limit |
4895 | its comments to the subjects of air and water pollution; |
4896 | wetlands and other surface waters of the state; federal and |
4897 | state-owned lands and interest in lands, including state parks, |
4898 | greenways and trails, and conservation easements; solid waste; |
4899 | water and wastewater treatment; and the Everglades ecosystem |
4900 | restoration. |
4901 | b. The Department of State shall limit its comments to the |
4902 | subjects of historic and archeological resources. |
4903 | c. The Department of Transportation shall limit its |
4904 | comments to issues within the agency's jurisdiction as it |
4905 | relates to transportation resources and facilities of state |
4906 | importance. |
4907 | d. The Fish and Wildlife Conservation Commission shall |
4908 | limit its comments to subjects relating to fish and wildlife |
4909 | habitat and listed species and their habitat. |
4910 | e. The Department of Agriculture and Consumer Services |
4911 | shall limit its comments to the subjects of agriculture, |
4912 | forestry, and aquaculture issues. |
4913 | f. The Department of Education shall limit its comments to |
4914 | the subject of public school facilities. |
4915 | g. The appropriate water management district shall limit |
4916 | its comments to flood protection and floodplain management, |
4917 | wetlands and other surface waters, and regional water supply. |
4918 | h. The state land planning agency shall limit its comments |
4919 | to important state resources and facilities outside the |
4920 | jurisdiction of other commenting state agencies and may include |
4921 | comments on countervailing planning policies and objectives |
4922 | served by the plan amendment that should be balanced against |
4923 | potential adverse impacts to important state resources and |
4924 | facilities. |
4925 | (c)1. The local government shall hold its second public |
4926 | hearing, which shall be a hearing on whether to adopt one or |
4927 | more comprehensive plan amendments pursuant to subsection (11). |
4928 | If the local government fails, within 180 days after receipt of |
4929 | agency comments, to hold the second public hearing, the |
4930 | amendments shall be deemed withdrawn unless extended by |
4931 | agreement with notice to the state land planning agency and any |
4932 | affected person that provided comments on the amendment. The |
4933 | 180-day limitation does not apply to amendments processed |
4934 | pursuant to s. 380.06. |
4935 | 2. All comprehensive plan amendments adopted by the |
4936 | governing body, along with the supporting data and analysis, |
4937 | shall be transmitted within 10 days after the second public |
4938 | hearing to the state land planning agency and any other agency |
4939 | or local government that provided timely comments under |
4940 | subparagraph (b)2. |
4941 | 3. The state land planning agency shall notify the local |
4942 | government of any deficiencies within 5 working days after |
4943 | receipt of an amendment package. For purposes of completeness, |
4944 | an amendment shall be deemed complete if it contains a full, |
4945 | executed copy of the adoption ordinance or ordinances; in the |
4946 | case of a text amendment, a full copy of the amended language in |
4947 | legislative format with new words inserted in the text |
4948 | underlined, and words deleted stricken with hyphens; in the case |
4949 | of a future land use map amendment, a copy of the future land |
4950 | use map clearly depicting the parcel, its existing future land |
4951 | use designation, and its adopted designation; and a copy of any |
4952 | data and analyses the local government deems appropriate. |
4953 | 4. An amendment adopted under this paragraph does not |
4954 | become effective until 31 days after the state land planning |
4955 | agency notifies the local government that the plan amendment |
4956 | package is complete. If timely challenged, an amendment does not |
4957 | become effective until the state land planning agency or the |
4958 | Administration Commission enters a final order determining the |
4959 | adopted amendment to be in compliance. |
4960 | (4) STATE COORDINATED REVIEW PROCESS.- |
4961 | (a)(2) Coordination.-The state land planning agency shall |
4962 | only use the state coordinated review process described in this |
4963 | subsection for review of comprehensive plans and plan amendments |
4964 | described in paragraph (2)(c). Each comprehensive plan or plan |
4965 | amendment proposed to be adopted pursuant to this subsection |
4966 | part shall be transmitted, adopted, and reviewed in the manner |
4967 | prescribed in this subsection section. The state land planning |
4968 | agency shall have responsibility for plan review, coordination, |
4969 | and the preparation and transmission of comments, pursuant to |
4970 | this subsection section, to the local governing body responsible |
4971 | for the comprehensive plan or plan amendment. The state land |
4972 | planning agency shall maintain a single file concerning any |
4973 | proposed or adopted plan amendment submitted by a local |
4974 | government for any review under this section. Copies of all |
4975 | correspondence, papers, notes, memoranda, and other documents |
4976 | received or generated by the state land planning agency must be |
4977 | placed in the appropriate file. Paper copies of all electronic |
4978 | mail correspondence must be placed in the file. The file and its |
4979 | contents must be available for public inspection and copying as |
4980 | provided in chapter 119. |
4981 | (b)(3) Local government transmittal of proposed plan or |
4982 | amendment.- |
4983 | (a) Each local governing body proposing a plan or plan |
4984 | amendment specified in paragraph (2)(c) shall transmit the |
4985 | complete proposed comprehensive plan or plan amendment to the |
4986 | reviewing agencies state land planning agency, the appropriate |
4987 | regional planning council and water management district, the |
4988 | Department of Environmental Protection, the Department of State, |
4989 | and the Department of Transportation, and, in the case of |
4990 | municipal plans, to the appropriate county, and, in the case of |
4991 | county plans, to the Fish and Wildlife Conservation Commission |
4992 | and the Department of Agriculture and Consumer Services, |
4993 | immediately following the first a public hearing pursuant to |
4994 | subsection (11). The transmitted document shall clearly indicate |
4995 | on the cover sheet that this plan amendment is subject to the |
4996 | state coordinated review process of s. 163.3184(4)(15) as |
4997 | specified in the state land planning agency's procedural rules. |
4998 | The local governing body shall also transmit a copy of the |
4999 | complete proposed comprehensive plan or plan amendment to any |
5000 | other unit of local government or government agency in the state |
5001 | that has filed a written request with the governing body for the |
5002 | plan or plan amendment. The local government may request a |
5003 | review by the state land planning agency pursuant to subsection |
5004 | (6) at the time of the transmittal of an amendment. |
5005 | (b) A local governing body shall not transmit portions of |
5006 | a plan or plan amendment unless it has previously provided to |
5007 | all state agencies designated by the state land planning agency |
5008 | a complete copy of its adopted comprehensive plan pursuant to |
5009 | subsection (7) and as specified in the agency's procedural |
5010 | rules. In the case of comprehensive plan amendments, the local |
5011 | governing body shall transmit to the state land planning agency, |
5012 | the appropriate regional planning council and water management |
5013 | district, the Department of Environmental Protection, the |
5014 | Department of State, and the Department of Transportation, and, |
5015 | in the case of municipal plans, to the appropriate county and, |
5016 | in the case of county plans, to the Fish and Wildlife |
5017 | Conservation Commission and the Department of Agriculture and |
5018 | Consumer Services the materials specified in the state land |
5019 | planning agency's procedural rules and, in cases in which the |
5020 | plan amendment is a result of an evaluation and appraisal report |
5021 | adopted pursuant to s. 163.3191, a copy of the evaluation and |
5022 | appraisal report. Local governing bodies shall consolidate all |
5023 | proposed plan amendments into a single submission for each of |
5024 | the two plan amendment adoption dates during the calendar year |
5025 | pursuant to s. 163.3187. |
5026 | (c) A local government may adopt a proposed plan amendment |
5027 | previously transmitted pursuant to this subsection, unless |
5028 | review is requested or otherwise initiated pursuant to |
5029 | subsection (6). |
5030 | (d) In cases in which a local government transmits |
5031 | multiple individual amendments that can be clearly and legally |
5032 | separated and distinguished for the purpose of determining |
5033 | whether to review the proposed amendment, and the state land |
5034 | planning agency elects to review several or a portion of the |
5035 | amendments and the local government chooses to immediately adopt |
5036 | the remaining amendments not reviewed, the amendments |
5037 | immediately adopted and any reviewed amendments that the local |
5038 | government subsequently adopts together constitute one amendment |
5039 | cycle in accordance with s. 163.3187(1). |
5040 | (e) At the request of an applicant, a local government |
5041 | shall consider an application for zoning changes that would be |
5042 | required to properly enact the provisions of any proposed plan |
5043 | amendment transmitted pursuant to this subsection. Zoning |
5044 | changes approved by the local government are contingent upon the |
5045 | comprehensive plan or plan amendment transmitted becoming |
5046 | effective. |
5047 | (c)(4) Reviewing agency comments INTERGOVERNMENTAL |
5048 | REVIEW.-The governmental agencies specified in paragraph (b) may |
5049 | paragraph (3)(a) shall provide comments regarding the plan or |
5050 | plan amendments in accordance with subparagraphs (3)(b)2.-4. |
5051 | However, comments on plans or plan amendments required to be |
5052 | reviewed under the state coordinated review process shall be |
5053 | sent to the state land planning agency within 30 days after |
5054 | receipt by the state land planning agency of the complete |
5055 | proposed plan or plan amendment from the local government. If |
5056 | the state land planning agency comments on a plan or plan |
5057 | amendment adopted under the state coordinated review process, it |
5058 | shall provide comments according to paragraph (d). Any other |
5059 | unit of local government or government agency specified in |
5060 | paragraph (b) may provide comments to the state land planning |
5061 | agency in accordance with subparagraphs (3)(b)2.-4. within 30 |
5062 | days after receipt by the state land planning agency of the |
5063 | complete proposed plan or plan amendment. If the plan or plan |
5064 | amendment includes or relates to the public school facilities |
5065 | element pursuant to s. 163.3177(12), the state land planning |
5066 | agency shall submit a copy to the Office of Educational |
5067 | Facilities of the Commissioner of Education for review and |
5068 | comment. The appropriate regional planning council shall also |
5069 | provide its written comments to the state land planning agency |
5070 | within 30 days after receipt by the state land planning agency |
5071 | of the complete proposed plan amendment and shall specify any |
5072 | objections, recommendations for modifications, and comments of |
5073 | any other regional agencies to which the regional planning |
5074 | council may have referred the proposed plan amendment. Written |
5075 | comments submitted by the public shall be sent directly to the |
5076 | local government within 30 days after notice of transmittal by |
5077 | the local government of the proposed plan amendment will be |
5078 | considered as if submitted by governmental agencies. All written |
5079 | agency and public comments must be made part of the file |
5080 | maintained under subsection (2). |
5081 | (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of |
5082 | the regional planning council pursuant to subsection (4) shall |
5083 | be limited to effects on regional resources or facilities |
5084 | identified in the strategic regional policy plan and |
5085 | extrajurisdictional impacts which would be inconsistent with the |
5086 | comprehensive plan of the affected local government. However, |
5087 | any inconsistency between a local plan or plan amendment and a |
5088 | strategic regional policy plan must not be the sole basis for a |
5089 | notice of intent to find a local plan or plan amendment not in |
5090 | compliance with this act. A regional planning council shall not |
5091 | review and comment on a proposed comprehensive plan it prepared |
5092 | itself unless the plan has been changed by the local government |
5093 | subsequent to the preparation of the plan by the regional |
5094 | planning agency. The review of the county land planning agency |
5095 | pursuant to subsection (4) shall be primarily in the context of |
5096 | the relationship and effect of the proposed plan amendment on |
5097 | any county comprehensive plan element. Any review by |
5098 | municipalities will be primarily in the context of the |
5099 | relationship and effect on the municipal plan. |
5100 | (d)(6) State land planning agency review.- |
5101 | (a) The state land planning agency shall review a proposed |
5102 | plan amendment upon request of a regional planning council, |
5103 | affected person, or local government transmitting the plan |
5104 | amendment. The request from the regional planning council or |
5105 | affected person must be received within 30 days after |
5106 | transmittal of the proposed plan amendment pursuant to |
5107 | subsection (3). A regional planning council or affected person |
5108 | requesting a review shall do so by submitting a written request |
5109 | to the agency with a notice of the request to the local |
5110 | government and any other person who has requested notice. |
5111 | (b) The state land planning agency may review any proposed |
5112 | plan amendment regardless of whether a request for review has |
5113 | been made, if the agency gives notice to the local government, |
5114 | and any other person who has requested notice, of its intention |
5115 | to conduct such a review within 35 days after receipt of the |
5116 | complete proposed plan amendment. |
5117 | 1.(c) The state land planning agency shall establish by |
5118 | rule a schedule for receipt of comments from the various |
5119 | government agencies, as well as written public comments, |
5120 | pursuant to subsection (4). If the state land planning agency |
5121 | elects to review a plan or plan the amendment or the agency is |
5122 | required to review the amendment as specified in paragraph |
5123 | (2)(c)(a), the agency shall issue a report giving its |
5124 | objections, recommendations, and comments regarding the proposed |
5125 | plan or plan amendment within 60 days after receipt of the |
5126 | complete proposed plan or plan amendment by the state land |
5127 | planning agency. Notwithstanding the limitation on comments in |
5128 | sub-subparagraph (3)(b)4.g., the state land planning agency may |
5129 | make objections, recommendations, and comments in its report |
5130 | regarding whether the plan or plan amendment is in compliance |
5131 | and whether the plan or plan amendment will adversely impact |
5132 | important state resources and facilities. Any objection |
5133 | regarding an important state resource or facility that will be |
5134 | adversely impacted by the adopted plan or plan amendment shall |
5135 | also state with specificity how the plan or plan amendment will |
5136 | adversely impact the important state resource or facility and |
5137 | shall identify measures the local government may take to |
5138 | eliminate, reduce, or mitigate the adverse impacts. When a |
5139 | federal, state, or regional agency has implemented a permitting |
5140 | program, the state land planning agency shall not require a |
5141 | local government is not required to duplicate or exceed that |
5142 | permitting program in its comprehensive plan or to implement |
5143 | such a permitting program in its land development regulations. |
5144 | This subparagraph does not Nothing contained herein shall |
5145 | prohibit the state land planning agency in conducting its review |
5146 | of local plans or plan amendments from making objections, |
5147 | recommendations, and comments or making compliance |
5148 | determinations regarding densities and intensities consistent |
5149 | with the provisions of this part. In preparing its comments, the |
5150 | state land planning agency shall only base its considerations on |
5151 | written, and not oral, comments, from any source. |
5152 | 2.(d) The state land planning agency review shall identify |
5153 | all written communications with the agency regarding the |
5154 | proposed plan amendment. If the state land planning agency does |
5155 | not issue such a review, it shall identify in writing to the |
5156 | local government all written communications received 30 days |
5157 | after transmittal. The written identification must include a |
5158 | list of all documents received or generated by the agency, which |
5159 | list must be of sufficient specificity to enable the documents |
5160 | to be identified and copies requested, if desired, and the name |
5161 | of the person to be contacted to request copies of any |
5162 | identified document. The list of documents must be made a part |
5163 | of the public records of the state land planning agency. |
5164 | (e)(7) Local government review of comments; adoption of |
5165 | plan or amendments and transmittal.- |
5166 | 1.(a) The local government shall review the report written |
5167 | comments submitted to it by the state land planning agency, if |
5168 | any, and written comments submitted to it by any other person, |
5169 | agency, or government. Any comments, recommendations, or |
5170 | objections and any reply to them shall be public documents, a |
5171 | part of the permanent record in the matter, and admissible in |
5172 | any proceeding in which the comprehensive plan or plan amendment |
5173 | may be at issue. The local government, upon receipt of the |
5174 | report written comments from the state land planning agency, |
5175 | shall hold its second public hearing, which shall be a hearing |
5176 | to determine whether to adopt the comprehensive plan or one or |
5177 | more comprehensive plan amendments pursuant to subsection (11). |
5178 | If the local government fails to hold the second hearing within |
5179 | 180 days after receipt of the state land planning agency's |
5180 | report, the amendments shall be deemed withdrawn unless extended |
5181 | by agreement with notice to the state land planning agency and |
5182 | any affected person that provided comments on the amendment. The |
5183 | 180-day limitation does not apply to amendments processed |
5184 | pursuant to s. 380.06. |
5185 | 2. All comprehensive plan amendments adopted by the |
5186 | governing body, along with the supporting data and analysis, |
5187 | shall be transmitted within 10 days after the second public |
5188 | hearing to the state land planning agency and any other agency |
5189 | or local government that provided timely comments under |
5190 | paragraph (c). |
5191 | 3. The state land planning agency shall notify the local |
5192 | government of any deficiencies within 5 working days after |
5193 | receipt of a plan or plan amendment package. For purposes of |
5194 | completeness, a plan or plan amendment shall be deemed complete |
5195 | if it contains a full, executed copy of the adoption ordinance |
5196 | or ordinances; in the case of a text amendment, a full copy of |
5197 | the amended language in legislative format with new words |
5198 | inserted in the text underlined, and words deleted stricken with |
5199 | hyphens; in the case of a future land use map amendment, a copy |
5200 | of the future land use map clearly depicting the parcel, its |
5201 | existing future land use designation, and its adopted |
5202 | designation; and a copy of any data and analyses the local |
5203 | government deems appropriate. |
5204 | 4. After the state land planning agency makes a |
5205 | determination of completeness regarding the adopted plan or plan |
5206 | amendment, the state land planning agency shall have 45 days to |
5207 | determine if the plan or plan amendment is in compliance with |
5208 | this act. Unless the plan or plan amendment is substantially |
5209 | changed from the one commented on, the state land planning |
5210 | agency's compliance determination shall be limited to objections |
5211 | raised in the objections, recommendations, and comments report. |
5212 | During the period provided for in this subparagraph, the state |
5213 | land planning agency shall issue, through a senior administrator |
5214 | or the secretary, a notice of intent to find that the plan or |
5215 | plan amendment is in compliance or not in compliance. The state |
5216 | land planning agency shall post a copy of the notice of intent |
5217 | on the agency's Internet website. Publication by the state land |
5218 | planning agency of the notice of intent on the state land |
5219 | planning agency's Internet site shall be prima facie evidence of |
5220 | compliance with the publication requirements of this |
5221 | subparagraph. |
5222 | 5. A plan or plan amendment adopted under the state |
5223 | coordinated review process shall go into effect pursuant to the |
5224 | state land planning agency's notice of intent. If timely |
5225 | challenged, an amendment does not become effective until the |
5226 | state land planning agency or the Administration Commission |
5227 | enters a final order determining the adopted amendment to be in |
5228 | compliance. |
5229 | (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN |
5230 | AMENDMENTS.- |
5231 | (a) Any affected person as defined in paragraph (1)(a) may |
5232 | file a petition with the Division of Administrative Hearings |
5233 | pursuant to ss. 120.569 and 120.57, with a copy served on the |
5234 | affected local government, to request a formal hearing to |
5235 | challenge whether the plan or plan amendments are in compliance |
5236 | as defined in paragraph (1)(b). This petition must be filed with |
5237 | the division within 30 days after the local government adopts |
5238 | the amendment. The state land planning agency may not intervene |
5239 | in a proceeding initiated by an affected person. |
5240 | (b) The state land planning agency may file a petition |
5241 | with the Division of Administrative Hearings pursuant to ss. |
5242 | 120.569 and 120.57, with a copy served on the affected local |
5243 | government, to request a formal hearing to challenge whether the |
5244 | plan or plan amendment is in compliance as defined in paragraph |
5245 | (1)(b). The state land planning agency's petition must clearly |
5246 | state the reasons for the challenge. Under the expedited state |
5247 | review process, this petition must be filed with the division |
5248 | within 30 days after the state land planning agency notifies the |
5249 | local government that the plan amendment package is complete |
5250 | according to subparagraph (3)(c)3. Under the state coordinated |
5251 | review process, this petition must be filed with the division |
5252 | within 45 days after the state land planning agency notifies the |
5253 | local government that the plan amendment package is complete |
5254 | according to subparagraph (3)(c)3. |
5255 | 1. The state land planning agency's challenge to plan |
5256 | amendments adopted under the expedited state review process |
5257 | shall be limited to the comments provided by the reviewing |
5258 | agencies pursuant to subparagraphs (3)(b)2.-4., upon a |
5259 | determination by the state land planning agency that an |
5260 | important state resource or facility will be adversely impacted |
5261 | by the adopted plan amendment. The state land planning agency's |
5262 | petition shall state with specificity how the plan amendment |
5263 | will adversely impact the important state resource or facility. |
5264 | The state land planning agency may challenge a plan amendment |
5265 | that has substantially changed from the version on which the |
5266 | agencies provided comments but only upon a determination by the |
5267 | state land planning agency that an important state resource or |
5268 | facility will be adversely impacted. |
5269 | 2. If the state land planning agency issues a notice of |
5270 | intent to find the comprehensive plan or plan amendment not in |
5271 | compliance with this act, the notice of intent shall be |
5272 | forwarded to the Division of Administrative Hearings of the |
5273 | Department of Management Services, which shall conduct a |
5274 | proceeding under ss. 120.569 and 120.57 in the county of and |
5275 | convenient to the affected local jurisdiction. The parties to |
5276 | the proceeding shall be the state land planning agency, the |
5277 | affected local government, and any affected person who |
5278 | intervenes. No new issue may be alleged as a reason to find a |
5279 | plan or plan amendment not in compliance in an administrative |
5280 | pleading filed more than 21 days after publication of notice |
5281 | unless the party seeking that issue establishes good cause for |
5282 | not alleging the issue within that time period. Good cause does |
5283 | not include excusable neglect. |
5284 | (c) An administrative law judge shall hold a hearing in |
5285 | the affected local jurisdiction on whether the plan or plan |
5286 | amendment is in compliance. |
5287 | 1. In challenges filed by an affected person, the |
5288 | comprehensive plan or plan amendment shall be determined to be |
5289 | in compliance if the local government's determination of |
5290 | compliance is fairly debatable. |
5291 | 2.a. In challenges filed by the state land planning |
5292 | agency, the local government's determination that the |
5293 | comprehensive plan or plan amendment is in compliance is |
5294 | presumed to be correct, and the local government's determination |
5295 | shall be sustained unless it is shown by a preponderance of the |
5296 | evidence that the comprehensive plan or plan amendment is not in |
5297 | compliance. |
5298 | b. In challenges filed by the state land planning agency, |
5299 | the local government's determination that elements of its plan |
5300 | are related to and consistent with each other shall be sustained |
5301 | if the determination is fairly debatable. |
5302 | 3. In challenges filed by the state land planning agency |
5303 | that require a determination by the agency that an important |
5304 | state resource or facility will be adversely impacted by the |
5305 | adopted plan or plan amendment, the local government may contest |
5306 | the agency's determination of an important state resource or |
5307 | facility. The state land planning agency shall prove its |
5308 | determination by clear and convincing evidence. |
5309 | (d) If the administrative law judge recommends that the |
5310 | amendment be found not in compliance, the judge shall submit the |
5311 | recommended order to the Administration Commission for final |
5312 | agency action. The Administration Commission shall enter a final |
5313 | order within 45 days after its receipt of the recommended order. |
5314 | (e) If the administrative law judge recommends that the |
5315 | amendment be found in compliance, the judge shall submit the |
5316 | recommended order to the state land planning agency. |
5317 | 1. If the state land planning agency determines that the |
5318 | plan amendment should be found not in compliance, the agency |
5319 | shall refer, within 30 days after receipt of the recommended |
5320 | order, the recommended order and its determination to the |
5321 | Administration Commission for final agency action. |
5322 | 2. If the state land planning agency determines that the |
5323 | plan amendment should be found in compliance, the agency shall |
5324 | enter its final order not later than 30 days after receipt of |
5325 | the recommended order. |
5326 | (f) Parties to a proceeding under this subsection may |
5327 | enter into compliance agreements using the process in subsection |
5328 | (6). |
5329 | (6) COMPLIANCE AGREEMENT.- |
5330 | (a) At any time after the filing of a challenge, the state |
5331 | land planning agency and the local government may voluntarily |
5332 | enter into a compliance agreement to resolve one or more of the |
5333 | issues raised in the proceedings. Affected persons who have |
5334 | initiated a formal proceeding or have intervened in a formal |
5335 | proceeding may also enter into a compliance agreement with the |
5336 | local government. All parties granted intervenor status shall be |
5337 | provided reasonable notice of the commencement of a compliance |
5338 | agreement negotiation process and a reasonable opportunity to |
5339 | participate in such negotiation process. Negotiation meetings |
5340 | with local governments or intervenors shall be open to the |
5341 | public. The state land planning agency shall provide each party |
5342 | granted intervenor status with a copy of the compliance |
5343 | agreement within 10 days after the agreement is executed. The |
5344 | compliance agreement shall list each portion of the plan or plan |
5345 | amendment that has been challenged, and shall specify remedial |
5346 | actions that the local government has agreed to complete within |
5347 | a specified time in order to resolve the challenge, including |
5348 | adoption of all necessary plan amendments. The compliance |
5349 | agreement may also establish monitoring requirements and |
5350 | incentives to ensure that the conditions of the compliance |
5351 | agreement are met. |
5352 | (b) Upon the filing of a compliance agreement executed by |
5353 | the parties to a challenge and the local government with the |
5354 | Division of Administrative Hearings, any administrative |
5355 | proceeding under ss. 120.569 and 120.57 regarding the plan or |
5356 | plan amendment covered by the compliance agreement shall be |
5357 | stayed. |
5358 | (c) Before its execution of a compliance agreement, the |
5359 | local government must approve the compliance agreement at a |
5360 | public hearing advertised at least 10 days before the public |
5361 | hearing in a newspaper of general circulation in the area in |
5362 | accordance with the advertisement requirements of chapter 125 or |
5363 | chapter 166, as applicable. |
5364 | (d) The local government shall hold a single public |
5365 | hearing for adopting remedial amendments. |
5366 | (e) For challenges to amendments adopted under the |
5367 | expedited review process, if the local government adopts a |
5368 | comprehensive plan amendment pursuant to a compliance agreement, |
5369 | an affected person or the state land planning agency may file a |
5370 | revised challenge with the Division of Administrative Hearings |
5371 | within 15 days after the adoption of the remedial amendment. |
5372 | (f) For challenges to amendments adopted under the state |
5373 | coordinated process, the state land planning agency, upon |
5374 | receipt of a plan or plan amendment adopted pursuant to a |
5375 | compliance agreement, shall issue a cumulative notice of intent |
5376 | addressing both the remedial amendment and the plan or plan |
5377 | amendment that was the subject of the agreement. |
5378 | 1. If the local government adopts a comprehensive plan or |
5379 | plan amendment pursuant to a compliance agreement and a notice |
5380 | of intent to find the plan amendment in compliance is issued, |
5381 | the state land planning agency shall forward the notice of |
5382 | intent to the Division of Administrative Hearings and the |
5383 | administrative law judge shall realign the parties in the |
5384 | pending proceeding under ss. 120.569 and 120.57, which shall |
5385 | thereafter be governed by the process contained in paragraph |
5386 | (5)(a) and subparagraph (5)(c)1., including provisions relating |
5387 | to challenges by an affected person, burden of proof, and issues |
5388 | of a recommended order and a final order. Parties to the |
5389 | original proceeding at the time of realignment may continue as |
5390 | parties without being required to file additional pleadings to |
5391 | initiate a proceeding, but may timely amend their pleadings to |
5392 | raise any challenge to the amendment that is the subject of the |
5393 | cumulative notice of intent, and must otherwise conform to the |
5394 | rules of procedure of the Division of Administrative Hearings. |
5395 | Any affected person not a party to the realigned proceeding may |
5396 | challenge the plan amendment that is the subject of the |
5397 | cumulative notice of intent by filing a petition with the agency |
5398 | as provided in subsection (5). The agency shall forward the |
5399 | petition filed by the affected person not a party to the |
5400 | realigned proceeding to the Division of Administrative Hearings |
5401 | for consolidation with the realigned proceeding. If the |
5402 | cumulative notice of intent is not challenged, the state land |
5403 | planning agency shall request that the Division of |
5404 | Administrative Hearings relinquish jurisdiction to the state |
5405 | land planning agency for issuance of a final order. |
5406 | 2. If the local government adopts a comprehensive plan |
5407 | amendment pursuant to a compliance agreement and a notice of |
5408 | intent is issued that finds the plan amendment not in |
5409 | compliance, the state land planning agency shall forward the |
5410 | notice of intent to the Division of Administrative Hearings, |
5411 | which shall consolidate the proceeding with the pending |
5412 | proceeding and immediately set a date for a hearing in the |
5413 | pending proceeding under ss. 120.569 and 120.57. Affected |
5414 | persons who are not a party to the underlying proceeding under |
5415 | ss. 120.569 and 120.57 may challenge the plan amendment adopted |
5416 | pursuant to the compliance agreement by filing a petition |
5417 | pursuant to paragraph (5)(a). |
5418 | (g) This subsection does not prohibit a local government |
5419 | from amending portions of its comprehensive plan other than |
5420 | those that are the subject of a challenge. However, such |
5421 | amendments to the plan may not be inconsistent with the |
5422 | compliance agreement. |
5423 | (h) This subsection does not require settlement by any |
5424 | party against its will or preclude the use of other informal |
5425 | dispute resolution methods in the course of or in addition to |
5426 | the method described in this subsection. |
5427 | (7) MEDIATION AND EXPEDITIOUS RESOLUTION.- |
5428 | (a) At any time after the matter has been forwarded to the |
5429 | Division of Administrative Hearings, the local government |
5430 | proposing the amendment may demand formal mediation or the local |
5431 | government proposing the amendment or an affected person who is |
5432 | a party to the proceeding may demand informal mediation or |
5433 | expeditious resolution of the amendment proceedings by serving |
5434 | written notice on the state land planning agency if a party to |
5435 | the proceeding, all other parties to the proceeding, and the |
5436 | administrative law judge. |
5437 | (b) Upon receipt of a notice pursuant to paragraph (a), |
5438 | the administrative law judge shall set the matter for final |
5439 | hearing no more than 30 days after receipt of the notice. Once a |
5440 | final hearing has been set, no continuance in the hearing, and |
5441 | no additional time for post-hearing submittals, may be granted |
5442 | without the written agreement of the parties absent a finding by |
5443 | the administrative law judge of extraordinary circumstances. |
5444 | Extraordinary circumstances do not include matters relating to |
5445 | workload or need for additional time for preparation, |
5446 | negotiation, or mediation. |
5447 | (c) Absent a showing of extraordinary circumstances, the |
5448 | administrative law judge shall issue a recommended order, in a |
5449 | case proceeding under subsection (5), within 30 days after |
5450 | filing of the transcript, unless the parties agree in writing to |
5451 | a longer time. |
5452 | (d) Absent a showing of extraordinary circumstances, the |
5453 | Administration Commission shall issue a final order, in a case |
5454 | proceeding under subsection (5), within 45 days after the |
5455 | issuance of the recommended order, unless the parties agree in |
5456 | writing to a longer time. have 120 days to adopt or adopt with |
5457 | changes the proposed comprehensive plan or s. 163.3191 plan |
5458 | amendments. In the case of comprehensive plan amendments other |
5459 | than those proposed pursuant to s. 163.3191, the local |
5460 | government shall have 60 days to adopt the amendment, adopt the |
5461 | amendment with changes, or determine that it will not adopt the |
5462 | amendment. The adoption of the proposed plan or plan amendment |
5463 | or the determination not to adopt a plan amendment, other than a |
5464 | plan amendment proposed pursuant to s. 163.3191, shall be made |
5465 | in the course of a public hearing pursuant to subsection (15). |
5466 | The local government shall transmit the complete adopted |
5467 | comprehensive plan or plan amendment, including the names and |
5468 | addresses of persons compiled pursuant to paragraph (15)(c), to |
5469 | the state land planning agency as specified in the agency's |
5470 | procedural rules within 10 working days after adoption. The |
5471 | local governing body shall also transmit a copy of the adopted |
5472 | comprehensive plan or plan amendment to the regional planning |
5473 | agency and to any other unit of local government or governmental |
5474 | agency in the state that has filed a written request with the |
5475 | governing body for a copy of the plan or plan amendment. |
5476 | (b) If the adopted plan amendment is unchanged from the |
5477 | proposed plan amendment transmitted pursuant to subsection (3) |
5478 | and an affected person as defined in paragraph (1)(a) did not |
5479 | raise any objection, the state land planning agency did not |
5480 | review the proposed plan amendment, and the state land planning |
5481 | agency did not raise any objections during its review pursuant |
5482 | to subsection (6), the local government may state in the |
5483 | transmittal letter that the plan amendment is unchanged and was |
5484 | not the subject of objections. |
5485 | (8) NOTICE OF INTENT.- |
5486 | (a) If the transmittal letter correctly states that the |
5487 | plan amendment is unchanged and was not the subject of review or |
5488 | objections pursuant to paragraph (7)(b), the state land planning |
5489 | agency has 20 days after receipt of the transmittal letter |
5490 | within which to issue a notice of intent that the plan amendment |
5491 | is in compliance. |
5492 | (b) Except as provided in paragraph (a) or in s. |
5493 | 163.3187(3), the state land planning agency, upon receipt of a |
5494 | local government's complete adopted comprehensive plan or plan |
5495 | amendment, shall have 45 days for review and to determine if the |
5496 | plan or plan amendment is in compliance with this act, unless |
5497 | the amendment is the result of a compliance agreement entered |
5498 | into under subsection (16), in which case the time period for |
5499 | review and determination shall be 30 days. If review was not |
5500 | conducted under subsection (6), the agency's determination must |
5501 | be based upon the plan amendment as adopted. If review was |
5502 | conducted under subsection (6), the agency's determination of |
5503 | compliance must be based only upon one or both of the following: |
5504 | 1. The state land planning agency's written comments to |
5505 | the local government pursuant to subsection (6); or |
5506 | 2. Any changes made by the local government to the |
5507 | comprehensive plan or plan amendment as adopted. |
5508 | (c)1. During the time period provided for in this |
5509 | subsection, the state land planning agency shall issue, through |
5510 | a senior administrator or the secretary, as specified in the |
5511 | agency's procedural rules, a notice of intent to find that the |
5512 | plan or plan amendment is in compliance or not in compliance. A |
5513 | notice of intent shall be issued by publication in the manner |
5514 | provided by this paragraph and by mailing a copy to the local |
5515 | government. The advertisement shall be placed in that portion of |
5516 | the newspaper where legal notices appear. The advertisement |
5517 | shall be published in a newspaper that meets the size and |
5518 | circulation requirements set forth in paragraph (15)(e) and that |
5519 | has been designated in writing by the affected local government |
5520 | at the time of transmittal of the amendment. Publication by the |
5521 | state land planning agency of a notice of intent in the |
5522 | newspaper designated by the local government shall be prima |
5523 | facie evidence of compliance with the publication requirements |
5524 | of this section. The state land planning agency shall post a |
5525 | copy of the notice of intent on the agency's Internet site. The |
5526 | agency shall, no later than the date the notice of intent is |
5527 | transmitted to the newspaper, send by regular mail a courtesy |
5528 | informational statement to persons who provide their names and |
5529 | addresses to the local government at the transmittal hearing or |
5530 | at the adoption hearing where the local government has provided |
5531 | the names and addresses of such persons to the department at the |
5532 | time of transmittal of the adopted amendment. The informational |
5533 | statements shall include the name of the newspaper in which the |
5534 | notice of intent will appear, the approximate date of |
5535 | publication, the ordinance number of the plan or plan amendment, |
5536 | and a statement that affected persons have 21 days after the |
5537 | actual date of publication of the notice to file a petition. |
5538 | 2. A local government that has an Internet site shall post |
5539 | a copy of the state land planning agency's notice of intent on |
5540 | the site within 5 days after receipt of the mailed copy of the |
5541 | agency's notice of intent. |
5542 | (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.- |
5543 | (a) If the state land planning agency issues a notice of |
5544 | intent to find that the comprehensive plan or plan amendment |
5545 | transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189, |
5546 | or s. 163.3191 is in compliance with this act, any affected |
5547 | person may file a petition with the agency pursuant to ss. |
5548 | 120.569 and 120.57 within 21 days after the publication of |
5549 | notice. In this proceeding, the local plan or plan amendment |
5550 | shall be determined to be in compliance if the local |
5551 | government's determination of compliance is fairly debatable. |
5552 | (b) The hearing shall be conducted by an administrative |
5553 | law judge of the Division of Administrative Hearings of the |
5554 | Department of Management Services, who shall hold the hearing in |
5555 | the county of and convenient to the affected local jurisdiction |
5556 | and submit a recommended order to the state land planning |
5557 | agency. The state land planning agency shall allow for the |
5558 | filing of exceptions to the recommended order and shall issue a |
5559 | final order after receipt of the recommended order if the state |
5560 | land planning agency determines that the plan or plan amendment |
5561 | is in compliance. If the state land planning agency determines |
5562 | that the plan or plan amendment is not in compliance, the agency |
5563 | shall submit the recommended order to the Administration |
5564 | Commission for final agency action. |
5565 | (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN |
5566 | COMPLIANCE.- |
5567 | (a) If the state land planning agency issues a notice of |
5568 | intent to find the comprehensive plan or plan amendment not in |
5569 | compliance with this act, the notice of intent shall be |
5570 | forwarded to the Division of Administrative Hearings of the |
5571 | Department of Management Services, which shall conduct a |
5572 | proceeding under ss. 120.569 and 120.57 in the county of and |
5573 | convenient to the affected local jurisdiction. The parties to |
5574 | the proceeding shall be the state land planning agency, the |
5575 | affected local government, and any affected person who |
5576 | intervenes. No new issue may be alleged as a reason to find a |
5577 | plan or plan amendment not in compliance in an administrative |
5578 | pleading filed more than 21 days after publication of notice |
5579 | unless the party seeking that issue establishes good cause for |
5580 | not alleging the issue within that time period. Good cause shall |
5581 | not include excusable neglect. In the proceeding, the local |
5582 | government's determination that the comprehensive plan or plan |
5583 | amendment is in compliance is presumed to be correct. The local |
5584 | government's determination shall be sustained unless it is shown |
5585 | by a preponderance of the evidence that the comprehensive plan |
5586 | or plan amendment is not in compliance. The local government's |
5587 | determination that elements of its plans are related to and |
5588 | consistent with each other shall be sustained if the |
5589 | determination is fairly debatable. |
5590 | (b) The administrative law judge assigned by the division |
5591 | shall submit a recommended order to the Administration |
5592 | Commission for final agency action. |
5593 | (c) Prior to the hearing, the state land planning agency |
5594 | shall afford an opportunity to mediate or otherwise resolve the |
5595 | dispute. If a party to the proceeding requests mediation or |
5596 | other alternative dispute resolution, the hearing may not be |
5597 | held until the state land planning agency advises the |
5598 | administrative law judge in writing of the results of the |
5599 | mediation or other alternative dispute resolution. However, the |
5600 | hearing may not be delayed for longer than 90 days for mediation |
5601 | or other alternative dispute resolution unless a longer delay is |
5602 | agreed to by the parties to the proceeding. The costs of the |
5603 | mediation or other alternative dispute resolution shall be borne |
5604 | equally by all of the parties to the proceeding. |
5605 | (8)(11) ADMINISTRATION COMMISSION.- |
5606 | (a) If the Administration Commission, upon a hearing |
5607 | pursuant to subsection (5)(9) or subsection (10), finds that the |
5608 | comprehensive plan or plan amendment is not in compliance with |
5609 | this act, the commission shall specify remedial actions that |
5610 | which would bring the comprehensive plan or plan amendment into |
5611 | compliance. |
5612 | (b) The commission may specify the sanctions provided in |
5613 | subparagraphs 1. and 2. to which the local government will be |
5614 | subject if it elects to make the amendment effective |
5615 | notwithstanding the determination of noncompliance. |
5616 | 1. The commission may direct state agencies not to provide |
5617 | funds to increase the capacity of roads, bridges, or water and |
5618 | sewer systems within the boundaries of those local governmental |
5619 | entities which have comprehensive plans or plan elements that |
5620 | are determined not to be in compliance. The commission order may |
5621 | also specify that the local government is shall not be eligible |
5622 | for grants administered under the following programs: |
5623 | a.1. The Florida Small Cities Community Development Block |
5624 | Grant Program, as authorized by ss. 290.0401-290.049. |
5625 | b.2. The Florida Recreation Development Assistance |
5626 | Program, as authorized by chapter 375. |
5627 | c.3. Revenue sharing pursuant to ss. 206.60, 210.20, and |
5628 | 218.61 and chapter 212, to the extent not pledged to pay back |
5629 | bonds. |
5630 | 2.(b) If the local government is one which is required to |
5631 | include a coastal management element in its comprehensive plan |
5632 | pursuant to s. 163.3177(6)(g), the commission order may also |
5633 | specify that the local government is not eligible for funding |
5634 | pursuant to s. 161.091. The commission order may also specify |
5635 | that the fact that the coastal management element has been |
5636 | determined to be not in compliance shall be a consideration when |
5637 | the department considers permits under s. 161.053 and when the |
5638 | Board of Trustees of the Internal Improvement Trust Fund |
5639 | considers whether to sell, convey any interest in, or lease any |
5640 | sovereignty lands or submerged lands until the element is |
5641 | brought into compliance. |
5642 | 3.(c) The sanctions provided by subparagraphs 1. and 2. do |
5643 | paragraphs (a) and (b) shall not apply to a local government |
5644 | regarding any plan amendment, except for plan amendments that |
5645 | amend plans that have not been finally determined to be in |
5646 | compliance with this part, and except as provided in paragraph |
5647 | (b) s. 163.3189(2) or s. 163.3191(11). |
5648 | (9)(12) GOOD FAITH FILING.-The signature of an attorney or |
5649 | party constitutes a certificate that he or she has read the |
5650 | pleading, motion, or other paper and that, to the best of his or |
5651 | her knowledge, information, and belief formed after reasonable |
5652 | inquiry, it is not interposed for any improper purpose, such as |
5653 | to harass or to cause unnecessary delay, or for economic |
5654 | advantage, competitive reasons, or frivolous purposes or |
5655 | needless increase in the cost of litigation. If a pleading, |
5656 | motion, or other paper is signed in violation of these |
5657 | requirements, the administrative law judge, upon motion or his |
5658 | or her own initiative, shall impose upon the person who signed |
5659 | it, a represented party, or both, an appropriate sanction, which |
5660 | may include an order to pay to the other party or parties the |
5661 | amount of reasonable expenses incurred because of the filing of |
5662 | the pleading, motion, or other paper, including a reasonable |
5663 | attorney's fee. |
5664 | (10)(13) EXCLUSIVE PROCEEDINGS.-The proceedings under this |
5665 | section shall be the sole proceeding or action for a |
5666 | determination of whether a local government's plan, element, or |
5667 | amendment is in compliance with this act. |
5668 | (14) AREAS OF CRITICAL STATE CONCERN.-No proposed local |
5669 | government comprehensive plan or plan amendment which is |
5670 | applicable to a designated area of critical state concern shall |
5671 | be effective until a final order is issued finding the plan or |
5672 | amendment to be in compliance as defined in this section. |
5673 | (11)(15) PUBLIC HEARINGS.- |
5674 | (a) The procedure for transmittal of a complete proposed |
5675 | comprehensive plan or plan amendment pursuant to subparagraph |
5676 | subsection (3)(b)1. and paragraph (4)(b) and for adoption of a |
5677 | comprehensive plan or plan amendment pursuant to |
5678 | subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by |
5679 | affirmative vote of not less than a majority of the members of |
5680 | the governing body present at the hearing. The adoption of a |
5681 | comprehensive plan or plan amendment shall be by ordinance. For |
5682 | the purposes of transmitting or adopting a comprehensive plan or |
5683 | plan amendment, the notice requirements in chapters 125 and 166 |
5684 | are superseded by this subsection, except as provided in this |
5685 | part. |
5686 | (b) The local governing body shall hold at least two |
5687 | advertised public hearings on the proposed comprehensive plan or |
5688 | plan amendment as follows: |
5689 | 1. The first public hearing shall be held at the |
5690 | transmittal stage pursuant to subsection (3). It shall be held |
5691 | on a weekday at least 7 days after the day that the first |
5692 | advertisement is published pursuant to the requirements of |
5693 | chapter 125 or chapter 166. |
5694 | 2. The second public hearing shall be held at the adoption |
5695 | stage pursuant to subsection (7). It shall be held on a weekday |
5696 | at least 5 days after the day that the second advertisement is |
5697 | published pursuant to the requirements of chapter 125 or chapter |
5698 | 166. |
5699 | (c) Nothing in this part is intended to prohibit or limit |
5700 | the authority of local governments to require a person |
5701 | requesting an amendment to pay some or all of the cost of the |
5702 | public notice. |
5703 | (12) CONCURRENT ZONING.-At the request of an applicant, a |
5704 | local government shall consider an application for zoning |
5705 | changes that would be required to properly enact any proposed |
5706 | plan amendment transmitted pursuant to this subsection. Zoning |
5707 | changes approved by the local government are contingent upon the |
5708 | comprehensive plan or plan amendment transmitted becoming |
5709 | effective. |
5710 | (13) AREAS OF CRITICAL STATE CONCERN.-No proposed local |
5711 | government comprehensive plan or plan amendment that is |
5712 | applicable to a designated area of critical state concern shall |
5713 | be effective until a final order is issued finding the plan or |
5714 | amendment to be in compliance as defined in paragraph (1)(b). |
5715 | (c) The local government shall provide a sign-in form at |
5716 | the transmittal hearing and at the adoption hearing for persons |
5717 | to provide their names and mailing addresses. The sign-in form |
5718 | must advise that any person providing the requested information |
5719 | will receive a courtesy informational statement concerning |
5720 | publications of the state land planning agency's notice of |
5721 | intent. The local government shall add to the sign-in form the |
5722 | name and address of any person who submits written comments |
5723 | concerning the proposed plan or plan amendment during the time |
5724 | period between the commencement of the transmittal hearing and |
5725 | the end of the adoption hearing. It is the responsibility of the |
5726 | person completing the form or providing written comments to |
5727 | accurately, completely, and legibly provide all information |
5728 | needed in order to receive the courtesy informational statement. |
5729 | (d) The agency shall provide a model sign-in form for |
5730 | providing the list to the agency which may be used by the local |
5731 | government to satisfy the requirements of this subsection. |
5732 | (e) If the proposed comprehensive plan or plan amendment |
5733 | changes the actual list of permitted, conditional, or prohibited |
5734 | uses within a future land use category or changes the actual |
5735 | future land use map designation of a parcel or parcels of land, |
5736 | the required advertisements shall be in the format prescribed by |
5737 | s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a |
5738 | municipality. |
5739 | (16) COMPLIANCE AGREEMENTS.- |
5740 | (a) At any time following the issuance of a notice of |
5741 | intent to find a comprehensive plan or plan amendment not in |
5742 | compliance with this part or after the initiation of a hearing |
5743 | pursuant to subsection (9), the state land planning agency and |
5744 | the local government may voluntarily enter into a compliance |
5745 | agreement to resolve one or more of the issues raised in the |
5746 | proceedings. Affected persons who have initiated a formal |
5747 | proceeding or have intervened in a formal proceeding may also |
5748 | enter into the compliance agreement. All parties granted |
5749 | intervenor status shall be provided reasonable notice of the |
5750 | commencement of a compliance agreement negotiation process and a |
5751 | reasonable opportunity to participate in such negotiation |
5752 | process. Negotiation meetings with local governments or |
5753 | intervenors shall be open to the public. The state land planning |
5754 | agency shall provide each party granted intervenor status with a |
5755 | copy of the compliance agreement within 10 days after the |
5756 | agreement is executed. The compliance agreement shall list each |
5757 | portion of the plan or plan amendment which is not in |
5758 | compliance, and shall specify remedial actions which the local |
5759 | government must complete within a specified time in order to |
5760 | bring the plan or plan amendment into compliance, including |
5761 | adoption of all necessary plan amendments. The compliance |
5762 | agreement may also establish monitoring requirements and |
5763 | incentives to ensure that the conditions of the compliance |
5764 | agreement are met. |
5765 | (b) Upon filing by the state land planning agency of a |
5766 | compliance agreement executed by the agency and the local |
5767 | government with the Division of Administrative Hearings, any |
5768 | administrative proceeding under ss. 120.569 and 120.57 regarding |
5769 | the plan or plan amendment covered by the compliance agreement |
5770 | shall be stayed. |
5771 | (c) Prior to its execution of a compliance agreement, the |
5772 | local government must approve the compliance agreement at a |
5773 | public hearing advertised at least 10 days before the public |
5774 | hearing in a newspaper of general circulation in the area in |
5775 | accordance with the advertisement requirements of subsection |
5776 | (15). |
5777 | (d) A local government may adopt a plan amendment pursuant |
5778 | to a compliance agreement in accordance with the requirements of |
5779 | paragraph (15)(a). The plan amendment shall be exempt from the |
5780 | requirements of subsections (2)-(7). The local government shall |
5781 | hold a single adoption public hearing pursuant to the |
5782 | requirements of subparagraph (15)(b)2. and paragraph (15)(e). |
5783 | Within 10 working days after adoption of a plan amendment, the |
5784 | local government shall transmit the amendment to the state land |
5785 | planning agency as specified in the agency's procedural rules, |
5786 | and shall submit one copy to the regional planning agency and to |
5787 | any other unit of local government or government agency in the |
5788 | state that has filed a written request with the governing body |
5789 | for a copy of the plan amendment, and one copy to any party to |
5790 | the proceeding under ss. 120.569 and 120.57 granted intervenor |
5791 | status. |
5792 | (e) The state land planning agency, upon receipt of a plan |
5793 | amendment adopted pursuant to a compliance agreement, shall |
5794 | issue a cumulative notice of intent addressing both the |
5795 | compliance agreement amendment and the plan or plan amendment |
5796 | that was the subject of the agreement, in accordance with |
5797 | subsection (8). |
5798 | (f)1. If the local government adopts a comprehensive plan |
5799 | amendment pursuant to a compliance agreement and a notice of |
5800 | intent to find the plan amendment in compliance is issued, the |
5801 | state land planning agency shall forward the notice of intent to |
5802 | the Division of Administrative Hearings and the administrative |
5803 | law judge shall realign the parties in the pending proceeding |
5804 | under ss. 120.569 and 120.57, which shall thereafter be governed |
5805 | by the process contained in paragraphs (9)(a) and (b), including |
5806 | provisions relating to challenges by an affected person, burden |
5807 | of proof, and issues of a recommended order and a final order, |
5808 | except as provided in subparagraph 2. Parties to the original |
5809 | proceeding at the time of realignment may continue as parties |
5810 | without being required to file additional pleadings to initiate |
5811 | a proceeding, but may timely amend their pleadings to raise any |
5812 | challenge to the amendment which is the subject of the |
5813 | cumulative notice of intent, and must otherwise conform to the |
5814 | rules of procedure of the Division of Administrative Hearings. |
5815 | Any affected person not a party to the realigned proceeding may |
5816 | challenge the plan amendment which is the subject of the |
5817 | cumulative notice of intent by filing a petition with the agency |
5818 | as provided in subsection (9). The agency shall forward the |
5819 | petition filed by the affected person not a party to the |
5820 | realigned proceeding to the Division of Administrative Hearings |
5821 | for consolidation with the realigned proceeding. |
5822 | 2. If any of the issues raised by the state land planning |
5823 | agency in the original subsection (10) proceeding are not |
5824 | resolved by the compliance agreement amendments, any intervenor |
5825 | in the original subsection (10) proceeding may require those |
5826 | issues to be addressed in the pending consolidated realigned |
5827 | proceeding under ss. 120.569 and 120.57. As to those unresolved |
5828 | issues, the burden of proof shall be governed by subsection |
5829 | (10). |
5830 | 3. If the local government adopts a comprehensive plan |
5831 | amendment pursuant to a compliance agreement and a notice of |
5832 | intent to find the plan amendment not in compliance is issued, |
5833 | the state land planning agency shall forward the notice of |
5834 | intent to the Division of Administrative Hearings, which shall |
5835 | consolidate the proceeding with the pending proceeding and |
5836 | immediately set a date for hearing in the pending proceeding |
5837 | under ss. 120.569 and 120.57. Affected persons who are not a |
5838 | party to the underlying proceeding under ss. 120.569 and 120.57 |
5839 | may challenge the plan amendment adopted pursuant to the |
5840 | compliance agreement by filing a petition pursuant to subsection |
5841 | (10). |
5842 | (g) If the local government fails to adopt a comprehensive |
5843 | plan amendment pursuant to a compliance agreement, the state |
5844 | land planning agency shall notify the Division of Administrative |
5845 | Hearings, which shall set the hearing in the pending proceeding |
5846 | under ss. 120.569 and 120.57 at the earliest convenient time. |
5847 | (h) This subsection does not prohibit a local government |
5848 | from amending portions of its comprehensive plan other than |
5849 | those which are the subject of the compliance agreement. |
5850 | However, such amendments to the plan may not be inconsistent |
5851 | with the compliance agreement. |
5852 | (i) Nothing in this subsection is intended to limit the |
5853 | parties from entering into a compliance agreement at any time |
5854 | before the final order in the proceeding is issued, provided |
5855 | that the provisions of paragraph (c) shall apply regardless of |
5856 | when the compliance agreement is reached. |
5857 | (j) Nothing in this subsection is intended to force any |
5858 | party into settlement against its will or to preclude the use of |
5859 | other informal dispute resolution methods, such as the services |
5860 | offered by the Florida Growth Management Dispute Resolution |
5861 | Consortium, in the course of or in addition to the method |
5862 | described in this subsection. |
5863 | (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.- |
5864 | A local government that has adopted a community vision and urban |
5865 | service boundary under s. 163.3177(13) and (14) may adopt a plan |
5866 | amendment related to map amendments solely to property within an |
5867 | urban service boundary in the manner described in subsections |
5868 | (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d. |
5869 | and e., 2., and 3., such that state and regional agency review |
5870 | is eliminated. The department may not issue an objections, |
5871 | recommendations, and comments report on proposed plan amendments |
5872 | or a notice of intent on adopted plan amendments; however, |
5873 | affected persons, as defined by paragraph (1)(a), may file a |
5874 | petition for administrative review pursuant to the requirements |
5875 | of s. 163.3187(3)(a) to challenge the compliance of an adopted |
5876 | plan amendment. This subsection does not apply to any amendment |
5877 | within an area of critical state concern, to any amendment that |
5878 | increases residential densities allowable in high-hazard coastal |
5879 | areas as defined in s. 163.3178(2)(h), or to a text change to |
5880 | the goals, policies, or objectives of the local government's |
5881 | comprehensive plan. Amendments submitted under this subsection |
5882 | are exempt from the limitation on the frequency of plan |
5883 | amendments in s. 163.3187. |
5884 | (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A |
5885 | municipality that has a designated urban infill and |
5886 | redevelopment area under s. 163.2517 may adopt a plan amendment |
5887 | related to map amendments solely to property within a designated |
5888 | urban infill and redevelopment area in the manner described in |
5889 | subsections (1), (2), (7), (14), (15), and (16) and s. |
5890 | 163.3187(1)(c)1.d. and e., 2., and 3., such that state and |
5891 | regional agency review is eliminated. The department may not |
5892 | issue an objections, recommendations, and comments report on |
5893 | proposed plan amendments or a notice of intent on adopted plan |
5894 | amendments; however, affected persons, as defined by paragraph |
5895 | (1)(a), may file a petition for administrative review pursuant |
5896 | to the requirements of s. 163.3187(3)(a) to challenge the |
5897 | compliance of an adopted plan amendment. This subsection does |
5898 | not apply to any amendment within an area of critical state |
5899 | concern, to any amendment that increases residential densities |
5900 | allowable in high-hazard coastal areas as defined in s. |
5901 | 163.3178(2)(h), or to a text change to the goals, policies, or |
5902 | objectives of the local government's comprehensive plan. |
5903 | Amendments submitted under this subsection are exempt from the |
5904 | limitation on the frequency of plan amendments in s. 163.3187. |
5905 | (19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local |
5906 | government that identifies in its comprehensive plan the types |
5907 | of housing developments and conditions for which it will |
5908 | consider plan amendments that are consistent with the local |
5909 | housing incentive strategies identified in s. 420.9076 and |
5910 | authorized by the local government may expedite consideration of |
5911 | such plan amendments. At least 30 days prior to adopting a plan |
5912 | amendment pursuant to this subsection, the local government |
5913 | shall notify the state land planning agency of its intent to |
5914 | adopt such an amendment, and the notice shall include the local |
5915 | government's evaluation of site suitability and availability of |
5916 | facilities and services. A plan amendment considered under this |
5917 | subsection shall require only a single public hearing before the |
5918 | local governing body, which shall be a plan amendment adoption |
5919 | hearing as described in subsection (7). The public notice of the |
5920 | hearing required under subparagraph (15)(b)2. must include a |
5921 | statement that the local government intends to use the expedited |
5922 | adoption process authorized under this subsection. The state |
5923 | land planning agency shall issue its notice of intent required |
5924 | under subsection (8) within 30 days after determining that the |
5925 | amendment package is complete. Any further proceedings shall be |
5926 | governed by subsections (9)-(16). |
5927 | Section 18. Section 163.3187, Florida Statutes, is amended |
5928 | to read: |
5929 | 163.3187 Process for adoption of small-scale comprehensive |
5930 | plan amendment of adopted comprehensive plan.- |
5931 | (1) Amendments to comprehensive plans adopted pursuant to |
5932 | this part may be made not more than two times during any |
5933 | calendar year, except: |
5934 | (a) In the case of an emergency, comprehensive plan |
5935 | amendments may be made more often than twice during the calendar |
5936 | year if the additional plan amendment receives the approval of |
5937 | all of the members of the governing body. "Emergency" means any |
5938 | occurrence or threat thereof whether accidental or natural, |
5939 | caused by humankind, in war or peace, which results or may |
5940 | result in substantial injury or harm to the population or |
5941 | substantial damage to or loss of property or public funds. |
5942 | (b) Any local government comprehensive plan amendments |
5943 | directly related to a proposed development of regional impact, |
5944 | including changes which have been determined to be substantial |
5945 | deviations and including Florida Quality Developments pursuant |
5946 | to s. 380.061, may be initiated by a local planning agency and |
5947 | considered by the local governing body at the same time as the |
5948 | application for development approval using the procedures |
5949 | provided for local plan amendment in this section and applicable |
5950 | local ordinances. |
5951 | (1)(c) Any local government comprehensive plan amendments |
5952 | directly related to proposed small scale development activities |
5953 | may be approved without regard to statutory limits on the |
5954 | frequency of consideration of amendments to the local |
5955 | comprehensive plan. A small scale development amendment may be |
5956 | adopted only under the following conditions: |
5957 | (a)1. The proposed amendment involves a use of 10 acres or |
5958 | fewer and: |
5959 | (b)a. The cumulative annual effect of the acreage for all |
5960 | small scale development amendments adopted by the local |
5961 | government does shall not exceed: |
5962 | (I) a maximum of 120 acres in a calendar year. local |
5963 | government that contains areas specifically designated in the |
5964 | local comprehensive plan for urban infill, urban redevelopment, |
5965 | or downtown revitalization as defined in s. 163.3164, urban |
5966 | infill and redevelopment areas designated under s. 163.2517, |
5967 | transportation concurrency exception areas approved pursuant to |
5968 | s. 163.3180(5), or regional activity centers and urban central |
5969 | business districts approved pursuant to s. 380.06(2)(e); |
5970 | however, amendments under this paragraph may be applied to no |
5971 | more than 60 acres annually of property outside the designated |
5972 | areas listed in this sub-sub-subparagraph. Amendments adopted |
5973 | pursuant to paragraph (k) shall not be counted toward the |
5974 | acreage limitations for small scale amendments under this |
5975 | paragraph. |
5976 | (II) A maximum of 80 acres in a local government that does |
5977 | not contain any of the designated areas set forth in sub-sub- |
5978 | subparagraph (I). |
5979 | (III) A maximum of 120 acres in a county established |
5980 | pursuant to s. 9, Art. VIII of the State Constitution. |
5981 | b. The proposed amendment does not involve the same |
5982 | property granted a change within the prior 12 months. |
5983 | c. The proposed amendment does not involve the same |
5984 | owner's property within 200 feet of property granted a change |
5985 | within the prior 12 months. |
5986 | (c)d. The proposed amendment does not involve a text |
5987 | change to the goals, policies, and objectives of the local |
5988 | government's comprehensive plan, but only proposes a land use |
5989 | change to the future land use map for a site-specific small |
5990 | scale development activity. However, text changes that relate |
5991 | directly to, and are adopted simultaneously with, the small |
5992 | scale future land use map amendment shall be permissible under |
5993 | this section. |
5994 | (d)e. The property that is the subject of the proposed |
5995 | amendment is not located within an area of critical state |
5996 | concern, unless the project subject to the proposed amendment |
5997 | involves the construction of affordable housing units meeting |
5998 | the criteria of s. 420.0004(3), and is located within an area of |
5999 | critical state concern designated by s. 380.0552 or by the |
6000 | Administration Commission pursuant to s. 380.05(1). Such |
6001 | amendment is not subject to the density limitations of sub- |
6002 | subparagraph f., and shall be reviewed by the state land |
6003 | planning agency for consistency with the principles for guiding |
6004 | development applicable to the area of critical state concern |
6005 | where the amendment is located and shall not become effective |
6006 | until a final order is issued under s. 380.05(6). |
6007 | f. If the proposed amendment involves a residential land |
6008 | use, the residential land use has a density of 10 units or less |
6009 | per acre or the proposed future land use category allows a |
6010 | maximum residential density of the same or less than the maximum |
6011 | residential density allowable under the existing future land use |
6012 | category, except that this limitation does not apply to small |
6013 | scale amendments involving the construction of affordable |
6014 | housing units meeting the criteria of s. 420.0004(3) on property |
6015 | which will be the subject of a land use restriction agreement, |
6016 | or small scale amendments described in sub-sub-subparagraph |
6017 | a.(I) that are designated in the local comprehensive plan for |
6018 | urban infill, urban redevelopment, or downtown revitalization as |
6019 | defined in s. 163.3164, urban infill and redevelopment areas |
6020 | designated under s. 163.2517, transportation concurrency |
6021 | exception areas approved pursuant to s. 163.3180(5), or regional |
6022 | activity centers and urban central business districts approved |
6023 | pursuant to s. 380.06(2)(e). |
6024 | 2.a. A local government that proposes to consider a plan |
6025 | amendment pursuant to this paragraph is not required to comply |
6026 | with the procedures and public notice requirements of s. |
6027 | 163.3184(15)(c) for such plan amendments if the local government |
6028 | complies with the provisions in s. 125.66(4)(a) for a county or |
6029 | in s. 166.041(3)(c) for a municipality. If a request for a plan |
6030 | amendment under this paragraph is initiated by other than the |
6031 | local government, public notice is required. |
6032 | b. The local government shall send copies of the notice |
6033 | and amendment to the state land planning agency, the regional |
6034 | planning council, and any other person or entity requesting a |
6035 | copy. This information shall also include a statement |
6036 | identifying any property subject to the amendment that is |
6037 | located within a coastal high-hazard area as identified in the |
6038 | local comprehensive plan. |
6039 | (2)3. Small scale development amendments adopted pursuant |
6040 | to this section paragraph require only one public hearing before |
6041 | the governing board, which shall be an adoption hearing as |
6042 | described in s. 163.3184(11)(7), and are not subject to the |
6043 | requirements of s. 163.3184(3)-(6) unless the local government |
6044 | elects to have them subject to those requirements. |
6045 | (3)4. If the small scale development amendment involves a |
6046 | site within an area that is designated by the Governor as a |
6047 | rural area of critical economic concern as defined under s. |
6048 | 288.0656(2)(d)(7) for the duration of such designation, the 10- |
6049 | acre limit listed in subsection (1) subparagraph 1. shall be |
6050 | increased by 100 percent to 20 acres. The local government |
6051 | approving the small scale plan amendment shall certify to the |
6052 | Office of Tourism, Trade, and Economic Development that the plan |
6053 | amendment furthers the economic objectives set forth in the |
6054 | executive order issued under s. 288.0656(7), and the property |
6055 | subject to the plan amendment shall undergo public review to |
6056 | ensure that all concurrency requirements and federal, state, and |
6057 | local environmental permit requirements are met. |
6058 | (d) Any comprehensive plan amendment required by a |
6059 | compliance agreement pursuant to s. 163.3184(16) may be approved |
6060 | without regard to statutory limits on the frequency of adoption |
6061 | of amendments to the comprehensive plan. |
6062 | (e) A comprehensive plan amendment for location of a state |
6063 | correctional facility. Such an amendment may be made at any time |
6064 | and does not count toward the limitation on the frequency of |
6065 | plan amendments. |
6066 | (f) The capital improvements element annual update |
6067 | required in s. 163.3177(3)(b)1. and any amendments directly |
6068 | related to the schedule. |
6069 | (g) Any local government comprehensive plan amendments |
6070 | directly related to proposed redevelopment of brownfield areas |
6071 | designated under s. 376.80 may be approved without regard to |
6072 | statutory limits on the frequency of consideration of amendments |
6073 | to the local comprehensive plan. |
6074 | (h) Any comprehensive plan amendments for port |
6075 | transportation facilities and projects that are eligible for |
6076 | funding by the Florida Seaport Transportation and Economic |
6077 | Development Council pursuant to s. 311.07. |
6078 | (i) A comprehensive plan amendment for the purpose of |
6079 | designating an urban infill and redevelopment area under s. |
6080 | 163.2517 may be approved without regard to the statutory limits |
6081 | on the frequency of amendments to the comprehensive plan. |
6082 | (j) Any comprehensive plan amendment to establish public |
6083 | school concurrency pursuant to s. 163.3180(13), including, but |
6084 | not limited to, adoption of a public school facilities element |
6085 | and adoption of amendments to the capital improvements element |
6086 | and intergovernmental coordination element. In order to ensure |
6087 | the consistency of local government public school facilities |
6088 | elements within a county, such elements shall be prepared and |
6089 | adopted on a similar time schedule. |
6090 | (k) A local comprehensive plan amendment directly related |
6091 | to providing transportation improvements to enhance life safety |
6092 | on Controlled Access Major Arterial Highways identified in the |
6093 | Florida Intrastate Highway System, in counties as defined in s. |
6094 | 125.011, where such roadways have a high incidence of traffic |
6095 | accidents resulting in serious injury or death. Any such |
6096 | amendment shall not include any amendment modifying the |
6097 | designation on a comprehensive development plan land use map nor |
6098 | any amendment modifying the allowable densities or intensities |
6099 | of any land. |
6100 | (l) A comprehensive plan amendment to adopt a public |
6101 | educational facilities element pursuant to s. 163.3177(12) and |
6102 | future land-use-map amendments for school siting may be approved |
6103 | notwithstanding statutory limits on the frequency of adopting |
6104 | plan amendments. |
6105 | (m) A comprehensive plan amendment that addresses criteria |
6106 | or compatibility of land uses adjacent to or in close proximity |
6107 | to military installations in a local government's future land |
6108 | use element does not count toward the limitation on the |
6109 | frequency of the plan amendments. |
6110 | (n) Any local government comprehensive plan amendment |
6111 | establishing or implementing a rural land stewardship area |
6112 | pursuant to the provisions of s. 163.3177(11)(d). |
6113 | (o) A comprehensive plan amendment that is submitted by an |
6114 | area designated by the Governor as a rural area of critical |
6115 | economic concern under s. 288.0656(7) and that meets the |
6116 | economic development objectives may be approved without regard |
6117 | to the statutory limits on the frequency of adoption of |
6118 | amendments to the comprehensive plan. |
6119 | (p) Any local government comprehensive plan amendment that |
6120 | is consistent with the local housing incentive strategies |
6121 | identified in s. 420.9076 and authorized by the local |
6122 | government. |
6123 | (q) Any local government plan amendment to designate an |
6124 | urban service area as a transportation concurrency exception |
6125 | area under s. 163.3180(5)(b)2. or 3. and an area exempt from the |
6126 | development-of-regional-impact process under s. 380.06(29). |
6127 | (4)(2) Comprehensive plans may only be amended in such a |
6128 | way as to preserve the internal consistency of the plan pursuant |
6129 | to s. 163.3177(2). Corrections, updates, or modifications of |
6130 | current costs which were set out as part of the comprehensive |
6131 | plan shall not, for the purposes of this act, be deemed to be |
6132 | amendments. |
6133 | (3)(a) The state land planning agency shall not review or |
6134 | issue a notice of intent for small scale development amendments |
6135 | which satisfy the requirements of paragraph (1)(c). |
6136 | (5)(a) Any affected person may file a petition with the |
6137 | Division of Administrative Hearings pursuant to ss. 120.569 and |
6138 | 120.57 to request a hearing to challenge the compliance of a |
6139 | small scale development amendment with this act within 30 days |
6140 | following the local government's adoption of the amendment and, |
6141 | shall serve a copy of the petition on the local government, and |
6142 | shall furnish a copy to the state land planning agency. An |
6143 | administrative law judge shall hold a hearing in the affected |
6144 | jurisdiction not less than 30 days nor more than 60 days |
6145 | following the filing of a petition and the assignment of an |
6146 | administrative law judge. The parties to a hearing held pursuant |
6147 | to this subsection shall be the petitioner, the local |
6148 | government, and any intervenor. In the proceeding, the plan |
6149 | amendment shall be determined to be in compliance if the local |
6150 | government's determination that the small scale development |
6151 | amendment is in compliance is fairly debatable presumed to be |
6152 | correct. The local government's determination shall be sustained |
6153 | unless it is shown by a preponderance of the evidence that the |
6154 | amendment is not in compliance with the requirements of this |
6155 | act. In any proceeding initiated pursuant to this subsection, |
6156 | The state land planning agency may not intervene in any |
6157 | proceeding initiated pursuant to this section. |
6158 | (b)1. If the administrative law judge recommends that the |
6159 | small scale development amendment be found not in compliance, |
6160 | the administrative law judge shall submit the recommended order |
6161 | to the Administration Commission for final agency action. If the |
6162 | administrative law judge recommends that the small scale |
6163 | development amendment be found in compliance, the administrative |
6164 | law judge shall submit the recommended order to the state land |
6165 | planning agency. |
6166 | 2. If the state land planning agency determines that the |
6167 | plan amendment is not in compliance, the agency shall submit, |
6168 | within 30 days following its receipt, the recommended order to |
6169 | the Administration Commission for final agency action. If the |
6170 | state land planning agency determines that the plan amendment is |
6171 | in compliance, the agency shall enter a final order within 30 |
6172 | days following its receipt of the recommended order. |
6173 | (c) Small scale development amendments may shall not |
6174 | become effective until 31 days after adoption. If challenged |
6175 | within 30 days after adoption, small scale development |
6176 | amendments may shall not become effective until the state land |
6177 | planning agency or the Administration Commission, respectively, |
6178 | issues a final order determining that the adopted small scale |
6179 | development amendment is in compliance. |
6180 | (d) In all challenges under this subsection, when a |
6181 | determination of compliance as defined in s. 163.3184(1)(b) is |
6182 | made, consideration shall be given to the plan amendment as a |
6183 | whole and whether the plan amendment furthers the intent of this |
6184 | part. |
6185 | (4) Each governing body shall transmit to the state land |
6186 | planning agency a current copy of its comprehensive plan not |
6187 | later than December 1, 1985. Each governing body shall also |
6188 | transmit copies of any amendments it adopts to its comprehensive |
6189 | plan so as to continually update the plans on file with the |
6190 | state land planning agency. |
6191 | (5) Nothing in this part is intended to prohibit or limit |
6192 | the authority of local governments to require that a person |
6193 | requesting an amendment pay some or all of the cost of public |
6194 | notice. |
6195 | (6)(a) No local government may amend its comprehensive |
6196 | plan after the date established by the state land planning |
6197 | agency for adoption of its evaluation and appraisal report |
6198 | unless it has submitted its report or addendum to the state land |
6199 | planning agency as prescribed by s. 163.3191, except for plan |
6200 | amendments described in paragraph (1)(b) or paragraph (1)(h). |
6201 | (b) A local government may amend its comprehensive plan |
6202 | after it has submitted its adopted evaluation and appraisal |
6203 | report and for a period of 1 year after the initial |
6204 | determination of sufficiency regardless of whether the report |
6205 | has been determined to be insufficient. |
6206 | (c) A local government may not amend its comprehensive |
6207 | plan, except for plan amendments described in paragraph (1)(b), |
6208 | if the 1-year period after the initial sufficiency determination |
6209 | of the report has expired and the report has not been determined |
6210 | to be sufficient. |
6211 | (d) When the state land planning agency has determined |
6212 | that the report has sufficiently addressed all pertinent |
6213 | provisions of s. 163.3191, the local government may amend its |
6214 | comprehensive plan without the limitations imposed by paragraph |
6215 | (a) or paragraph (c). |
6216 | (e) Any plan amendment which a local government attempts |
6217 | to adopt in violation of paragraph (a) or paragraph (c) is |
6218 | invalid, but such invalidity may be overcome if the local |
6219 | government readopts the amendment and transmits the amendment to |
6220 | the state land planning agency pursuant to s. 163.3184(7) after |
6221 | the report is determined to be sufficient. |
6222 | Section 19. Section 163.3189, Florida Statutes, is |
6223 | repealed. |
6224 | Section 20. Section 163.3191, Florida Statutes, is amended |
6225 | to read: |
6226 | 163.3191 Evaluation and appraisal of comprehensive plan.- |
6227 | (1) At least once every 7 years, each local government |
6228 | shall evaluate its comprehensive plan to determine if plan |
6229 | amendments are necessary to reflect changes in state |
6230 | requirements in this part since the last update of the |
6231 | comprehensive plan, and notify the state land planning agency as |
6232 | to its determination. |
6233 | (2) If the local government determines amendments to its |
6234 | comprehensive plan are necessary to reflect changes in state |
6235 | requirements, the local government shall prepare and transmit |
6236 | within 1 year such plan amendment or amendments for review |
6237 | pursuant to s. 163.3184. |
6238 | (3) Local governments are encouraged to comprehensively |
6239 | evaluate and, as necessary, update comprehensive plans to |
6240 | reflect changes in local conditions. Plan amendments transmitted |
6241 | pursuant to this section shall be reviewed in accordance with s. |
6242 | 163.3184. |
6243 | (4) If a local government fails to submit its letter |
6244 | prescribed by subsection (1) or update its plan pursuant to |
6245 | subsection (2), it may not amend its comprehensive plan until |
6246 | such time as it complies with this section. |
6247 | (1) The planning program shall be a continuous and ongoing |
6248 | process. Each local government shall adopt an evaluation and |
6249 | appraisal report once every 7 years assessing the progress in |
6250 | implementing the local government's comprehensive plan. |
6251 | Furthermore, it is the intent of this section that: |
6252 | (a) Adopted comprehensive plans be reviewed through such |
6253 | evaluation process to respond to changes in state, regional, and |
6254 | local policies on planning and growth management and changing |
6255 | conditions and trends, to ensure effective intergovernmental |
6256 | coordination, and to identify major issues regarding the |
6257 | community's achievement of its goals. |
6258 | (b) After completion of the initial evaluation and |
6259 | appraisal report and any supporting plan amendments, each |
6260 | subsequent evaluation and appraisal report must evaluate the |
6261 | comprehensive plan in effect at the time of the initiation of |
6262 | the evaluation and appraisal report process. |
6263 | (c) Local governments identify the major issues, if |
6264 | applicable, with input from state agencies, regional agencies, |
6265 | adjacent local governments, and the public in the evaluation and |
6266 | appraisal report process. It is also the intent of this section |
6267 | to establish minimum requirements for information to ensure |
6268 | predictability, certainty, and integrity in the growth |
6269 | management process. The report is intended to serve as a summary |
6270 | audit of the actions that a local government has undertaken and |
6271 | identify changes that it may need to make. The report should be |
6272 | based on the local government's analysis of major issues to |
6273 | further the community's goals consistent with statewide minimum |
6274 | standards. The report is not intended to require a comprehensive |
6275 | rewrite of the elements within the local plan, unless a local |
6276 | government chooses to do so. |
6277 | (2) The report shall present an evaluation and assessment |
6278 | of the comprehensive plan and shall contain appropriate |
6279 | statements to update the comprehensive plan, including, but not |
6280 | limited to, words, maps, illustrations, or other media, related |
6281 | to: |
6282 | (a) Population growth and changes in land area, including |
6283 | annexation, since the adoption of the original plan or the most |
6284 | recent update amendments. |
6285 | (b) The extent of vacant and developable land. |
6286 | (c) The financial feasibility of implementing the |
6287 | comprehensive plan and of providing needed infrastructure to |
6288 | achieve and maintain adopted level-of-service standards and |
6289 | sustain concurrency management systems through the capital |
6290 | improvements element, as well as the ability to address |
6291 | infrastructure backlogs and meet the demands of growth on public |
6292 | services and facilities. |
6293 | (d) The location of existing development in relation to |
6294 | the location of development as anticipated in the original plan, |
6295 | or in the plan as amended by the most recent evaluation and |
6296 | appraisal report update amendments, such as within areas |
6297 | designated for urban growth. |
6298 | (e) An identification of the major issues for the |
6299 | jurisdiction and, where pertinent, the potential social, |
6300 | economic, and environmental impacts. |
6301 | (f) Relevant changes to the state comprehensive plan, the |
6302 | requirements of this part, the minimum criteria contained in |
6303 | chapter 9J-5, Florida Administrative Code, and the appropriate |
6304 | strategic regional policy plan since the adoption of the |
6305 | original plan or the most recent evaluation and appraisal report |
6306 | update amendments. |
6307 | (g) An assessment of whether the plan objectives within |
6308 | each element, as they relate to major issues, have been |
6309 | achieved. The report shall include, as appropriate, an |
6310 | identification as to whether unforeseen or unanticipated changes |
6311 | in circumstances have resulted in problems or opportunities with |
6312 | respect to major issues identified in each element and the |
6313 | social, economic, and environmental impacts of the issue. |
6314 | (h) A brief assessment of successes and shortcomings |
6315 | related to each element of the plan. |
6316 | (i) The identification of any actions or corrective |
6317 | measures, including whether plan amendments are anticipated to |
6318 | address the major issues identified and analyzed in the report. |
6319 | Such identification shall include, as appropriate, new |
6320 | population projections, new revised planning timeframes, a |
6321 | revised future conditions map or map series, an updated capital |
6322 | improvements element, and any new and revised goals, objectives, |
6323 | and policies for major issues identified within each element. |
6324 | This paragraph shall not require the submittal of the plan |
6325 | amendments with the evaluation and appraisal report. |
6326 | (j) A summary of the public participation program and |
6327 | activities undertaken by the local government in preparing the |
6328 | report. |
6329 | (k) The coordination of the comprehensive plan with |
6330 | existing public schools and those identified in the applicable |
6331 | educational facilities plan adopted pursuant to s. 1013.35. The |
6332 | assessment shall address, where relevant, the success or failure |
6333 | of the coordination of the future land use map and associated |
6334 | planned residential development with public schools and their |
6335 | capacities, as well as the joint decisionmaking processes |
6336 | engaged in by the local government and the school board in |
6337 | regard to establishing appropriate population projections and |
6338 | the planning and siting of public school facilities. For those |
6339 | counties or municipalities that do not have a public schools |
6340 | interlocal agreement or public school facilities element, the |
6341 | assessment shall determine whether the local government |
6342 | continues to meet the criteria of s. 163.3177(12). If the county |
6343 | or municipality determines that it no longer meets the criteria, |
6344 | it must adopt appropriate school concurrency goals, objectives, |
6345 | and policies in its plan amendments pursuant to the requirements |
6346 | of the public school facilities element, and enter into the |
6347 | existing interlocal agreement required by ss. 163.3177(6)(h)2. |
6348 | and 163.31777 in order to fully participate in the school |
6349 | concurrency system. |
6350 | (l) The extent to which the local government has been |
6351 | successful in identifying alternative water supply projects and |
6352 | traditional water supply projects, including conservation and |
6353 | reuse, necessary to meet the water needs identified in s. |
6354 | 373.709(2)(a) within the local government's jurisdiction. The |
6355 | report must evaluate the degree to which the local government |
6356 | has implemented the work plan for building public, private, and |
6357 | regional water supply facilities, including development of |
6358 | alternative water supplies, identified in the element as |
6359 | necessary to serve existing and new development. |
6360 | (m) If any of the jurisdiction of the local government is |
6361 | located within the coastal high-hazard area, an evaluation of |
6362 | whether any past reduction in land use density impairs the |
6363 | property rights of current residents when redevelopment occurs, |
6364 | including, but not limited to, redevelopment following a natural |
6365 | disaster. The property rights of current residents shall be |
6366 | balanced with public safety considerations. The local government |
6367 | must identify strategies to address redevelopment feasibility |
6368 | and the property rights of affected residents. These strategies |
6369 | may include the authorization of redevelopment up to the actual |
6370 | built density in existence on the property prior to the natural |
6371 | disaster or redevelopment. |
6372 | (n) An assessment of whether the criteria adopted pursuant |
6373 | to s. 163.3177(6)(a) were successful in achieving compatibility |
6374 | with military installations. |
6375 | (o) The extent to which a concurrency exception area |
6376 | designated pursuant to s. 163.3180(5), a concurrency management |
6377 | area designated pursuant to s. 163.3180(7), or a multimodal |
6378 | transportation district designated pursuant to s. 163.3180(15) |
6379 | has achieved the purpose for which it was created and otherwise |
6380 | complies with the provisions of s. 163.3180. |
6381 | (p) An assessment of the extent to which changes are |
6382 | needed to develop a common methodology for measuring impacts on |
6383 | transportation facilities for the purpose of implementing its |
6384 | concurrency management system in coordination with the |
6385 | municipalities and counties, as appropriate pursuant to s. |
6386 | 163.3180(10). |
6387 | (3) Voluntary scoping meetings may be conducted by each |
6388 | local government or several local governments within the same |
6389 | county that agree to meet together. Joint meetings among all |
6390 | local governments in a county are encouraged. All scoping |
6391 | meetings shall be completed at least 1 year prior to the |
6392 | established adoption date of the report. The purpose of the |
6393 | meetings shall be to distribute data and resources available to |
6394 | assist in the preparation of the report, to provide input on |
6395 | major issues in each community that should be addressed in the |
6396 | report, and to advise on the extent of the effort for the |
6397 | components of subsection (2). If scoping meetings are held, the |
6398 | local government shall invite each state and regional reviewing |
6399 | agency, as well as adjacent and other affected local |
6400 | governments. A preliminary list of new data and major issues |
6401 | that have emerged since the adoption of the original plan, or |
6402 | the most recent evaluation and appraisal report-based update |
6403 | amendments, should be developed by state and regional entities |
6404 | and involved local governments for distribution at the scoping |
6405 | meeting. For purposes of this subsection, a "scoping meeting" is |
6406 | a meeting conducted to determine the scope of review of the |
6407 | evaluation and appraisal report by parties to which the report |
6408 | relates. |
6409 | (4) The local planning agency shall prepare the evaluation |
6410 | and appraisal report and shall make recommendations to the |
6411 | governing body regarding adoption of the proposed report. The |
6412 | local planning agency shall prepare the report in conformity |
6413 | with its public participation procedures adopted as required by |
6414 | s. 163.3181. During the preparation of the proposed report and |
6415 | prior to making any recommendation to the governing body, the |
6416 | local planning agency shall hold at least one public hearing, |
6417 | with public notice, on the proposed report. At a minimum, the |
6418 | format and content of the proposed report shall include a table |
6419 | of contents; numbered pages; element headings; section headings |
6420 | within elements; a list of included tables, maps, and figures; a |
6421 | title and sources for all included tables; a preparation date; |
6422 | and the name of the preparer. Where applicable, maps shall |
6423 | include major natural and artificial geographic features; city, |
6424 | county, and state lines; and a legend indicating a north arrow, |
6425 | map scale, and the date. |
6426 | (5) Ninety days prior to the scheduled adoption date, the |
6427 | local government may provide a proposed evaluation and appraisal |
6428 | report to the state land planning agency and distribute copies |
6429 | to state and regional commenting agencies as prescribed by rule, |
6430 | adjacent jurisdictions, and interested citizens for review. All |
6431 | review comments, including comments by the state land planning |
6432 | agency, shall be transmitted to the local government and state |
6433 | land planning agency within 30 days after receipt of the |
6434 | proposed report. |
6435 | (6) The governing body, after considering the review |
6436 | comments and recommended changes, if any, shall adopt the |
6437 | evaluation and appraisal report by resolution or ordinance at a |
6438 | public hearing with public notice. The governing body shall |
6439 | adopt the report in conformity with its public participation |
6440 | procedures adopted as required by s. 163.3181. The local |
6441 | government shall submit to the state land planning agency three |
6442 | copies of the report, a transmittal letter indicating the dates |
6443 | of public hearings, and a copy of the adoption resolution or |
6444 | ordinance. The local government shall provide a copy of the |
6445 | report to the reviewing agencies which provided comments for the |
6446 | proposed report, or to all the reviewing agencies if a proposed |
6447 | report was not provided pursuant to subsection (5), including |
6448 | the adjacent local governments. Within 60 days after receipt, |
6449 | the state land planning agency shall review the adopted report |
6450 | and make a preliminary sufficiency determination that shall be |
6451 | forwarded by the agency to the local government for its |
6452 | consideration. The state land planning agency shall issue a |
6453 | final sufficiency determination within 90 days after receipt of |
6454 | the adopted evaluation and appraisal report. |
6455 | (7) The intent of the evaluation and appraisal process is |
6456 | the preparation of a plan update that clearly and concisely |
6457 | achieves the purpose of this section. Toward this end, the |
6458 | sufficiency review of the state land planning agency shall |
6459 | concentrate on whether the evaluation and appraisal report |
6460 | sufficiently fulfills the components of subsection (2). If the |
6461 | state land planning agency determines that the report is |
6462 | insufficient, the governing body shall adopt a revision of the |
6463 | report and submit the revised report for review pursuant to |
6464 | subsection (6). |
6465 | (8) The state land planning agency may delegate the review |
6466 | of evaluation and appraisal reports, including all state land |
6467 | planning agency duties under subsections (4)-(7), to the |
6468 | appropriate regional planning council. When the review has been |
6469 | delegated to a regional planning council, any local government |
6470 | in the region may elect to have its report reviewed by the |
6471 | regional planning council rather than the state land planning |
6472 | agency. The state land planning agency shall by agreement |
6473 | provide for uniform and adequate review of reports and shall |
6474 | retain oversight for any delegation of review to a regional |
6475 | planning council. |
6476 | (9) The state land planning agency may establish a phased |
6477 | schedule for adoption of reports. The schedule shall provide |
6478 | each local government at least 7 years from plan adoption or |
6479 | last established adoption date for a report and shall allot |
6480 | approximately one-seventh of the reports to any 1 year. In order |
6481 | to allow the municipalities to use data and analyses gathered by |
6482 | the counties, the state land planning agency shall schedule |
6483 | municipal report adoption dates between 1 year and 18 months |
6484 | later than the report adoption date for the county in which |
6485 | those municipalities are located. A local government may adopt |
6486 | its report no earlier than 90 days prior to the established |
6487 | adoption date. Small municipalities which were scheduled by |
6488 | chapter 9J-33, Florida Administrative Code, to adopt their |
6489 | evaluation and appraisal report after February 2, 1999, shall be |
6490 | rescheduled to adopt their report together with the other |
6491 | municipalities in their county as provided in this subsection. |
6492 | (10) The governing body shall amend its comprehensive plan |
6493 | based on the recommendations in the report and shall update the |
6494 | comprehensive plan based on the components of subsection (2), |
6495 | pursuant to the provisions of ss. 163.3184, 163.3187, and |
6496 | 163.3189. Amendments to update a comprehensive plan based on the |
6497 | evaluation and appraisal report shall be adopted during a single |
6498 | amendment cycle within 18 months after the report is determined |
6499 | to be sufficient by the state land planning agency, except the |
6500 | state land planning agency may grant an extension for adoption |
6501 | of a portion of such amendments. The state land planning agency |
6502 | may grant a 6-month extension for the adoption of such |
6503 | amendments if the request is justified by good and sufficient |
6504 | cause as determined by the agency. An additional extension may |
6505 | also be granted if the request will result in greater |
6506 | coordination between transportation and land use, for the |
6507 | purposes of improving Florida's transportation system, as |
6508 | determined by the agency in coordination with the Metropolitan |
6509 | Planning Organization program. Beginning July 1, 2006, failure |
6510 | to timely adopt and transmit update amendments to the |
6511 | comprehensive plan based on the evaluation and appraisal report |
6512 | shall result in a local government being prohibited from |
6513 | adopting amendments to the comprehensive plan until the |
6514 | evaluation and appraisal report update amendments have been |
6515 | adopted and transmitted to the state land planning agency. The |
6516 | prohibition on plan amendments shall commence when the update |
6517 | amendments to the comprehensive plan are past due. The |
6518 | comprehensive plan as amended shall be in compliance as defined |
6519 | in s. 163.3184(1)(b). Within 6 months after the effective date |
6520 | of the update amendments to the comprehensive plan, the local |
6521 | government shall provide to the state land planning agency and |
6522 | to all agencies designated by rule a complete copy of the |
6523 | updated comprehensive plan. |
6524 | (11) The Administration Commission may impose the |
6525 | sanctions provided by s. 163.3184(11) against any local |
6526 | government that fails to adopt and submit a report, or that |
6527 | fails to implement its report through timely and sufficient |
6528 | amendments to its local plan, except for reasons of excusable |
6529 | delay or valid planning reasons agreed to by the state land |
6530 | planning agency or found present by the Administration |
6531 | Commission. Sanctions for untimely or insufficient plan |
6532 | amendments shall be prospective only and shall begin after a |
6533 | final order has been issued by the Administration Commission and |
6534 | a reasonable period of time has been allowed for the local |
6535 | government to comply with an adverse determination by the |
6536 | Administration Commission through adoption of plan amendments |
6537 | that are in compliance. The state land planning agency may |
6538 | initiate, and an affected person may intervene in, such a |
6539 | proceeding by filing a petition with the Division of |
6540 | Administrative Hearings, which shall appoint an administrative |
6541 | law judge and conduct a hearing pursuant to ss. 120.569 and |
6542 | 120.57(1) and shall submit a recommended order to the |
6543 | Administration Commission. The affected local government shall |
6544 | be a party to any such proceeding. The commission may implement |
6545 | this subsection by rule. |
6546 | (5)(12) The state land planning agency may shall not adopt |
6547 | rules to implement this section, other than procedural rules or |
6548 | a schedule indicating when local governments must comply with |
6549 | the requirements of this section. |
6550 | (13) The state land planning agency shall regularly review |
6551 | the evaluation and appraisal report process and submit a report |
6552 | to the Governor, the Administration Commission, the Speaker of |
6553 | the House of Representatives, the President of the Senate, and |
6554 | the respective community affairs committees of the Senate and |
6555 | the House of Representatives. The first report shall be |
6556 | submitted by December 31, 2004, and subsequent reports shall be |
6557 | submitted every 5 years thereafter. At least 9 months before the |
6558 | due date of each report, the Secretary of Community Affairs |
6559 | shall appoint a technical committee of at least 15 members to |
6560 | assist in the preparation of the report. The membership of the |
6561 | technical committee shall consist of representatives of local |
6562 | governments, regional planning councils, the private sector, and |
6563 | environmental organizations. The report shall assess the |
6564 | effectiveness of the evaluation and appraisal report process. |
6565 | (14) The requirement of subsection (10) prohibiting a |
6566 | local government from adopting amendments to the local |
6567 | comprehensive plan until the evaluation and appraisal report |
6568 | update amendments have been adopted and transmitted to the state |
6569 | land planning agency does not apply to a plan amendment proposed |
6570 | for adoption by the appropriate local government as defined in |
6571 | s. 163.3178(2)(k) in order to integrate a port comprehensive |
6572 | master plan with the coastal management element of the local |
6573 | comprehensive plan as required by s. 163.3178(2)(k) if the port |
6574 | comprehensive master plan or the proposed plan amendment does |
6575 | not cause or contribute to the failure of the local government |
6576 | to comply with the requirements of the evaluation and appraisal |
6577 | report. |
6578 | Section 21. Paragraph (b) of subsection (2) of section |
6579 | 163.3217, Florida Statutes, is amended to read: |
6580 | 163.3217 Municipal overlay for municipal incorporation.- |
6581 | (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL |
6582 | OVERLAY.- |
6583 | (b)1. A municipal overlay shall be adopted as an amendment |
6584 | to the local government comprehensive plan as prescribed by s. |
6585 | 163.3184. |
6586 | 2. A county may consider the adoption of a municipal |
6587 | overlay without regard to the provisions of s. 163.3187(1) |
6588 | regarding the frequency of adoption of amendments to the local |
6589 | comprehensive plan. |
6590 | Section 22. Subsection (3) of section 163.3220, Florida |
6591 | Statutes, is amended to read: |
6592 | 163.3220 Short title; legislative intent.- |
6593 | (3) In conformity with, in furtherance of, and to |
6594 | implement the Community Local Government Comprehensive Planning |
6595 | and Land Development Regulation Act and the Florida State |
6596 | Comprehensive Planning Act of 1972, it is the intent of the |
6597 | Legislature to encourage a stronger commitment to comprehensive |
6598 | and capital facilities planning, ensure the provision of |
6599 | adequate public facilities for development, encourage the |
6600 | efficient use of resources, and reduce the economic cost of |
6601 | development. |
6602 | Section 23. Subsections (2) and (11) of section 163.3221, |
6603 | Florida Statutes, are amended to read: |
6604 | 163.3221 Florida Local Government Development Agreement |
6605 | Act; definitions.-As used in ss. 163.3220-163.3243: |
6606 | (2) "Comprehensive plan" means a plan adopted pursuant to |
6607 | the Community "Local Government Comprehensive Planning and Land |
6608 | Development Regulation Act." |
6609 | (11) "Local planning agency" means the agency designated |
6610 | to prepare a comprehensive plan or plan amendment pursuant to |
6611 | the Community "Florida Local Government Comprehensive Planning |
6612 | and Land Development Regulation Act." |
6613 | Section 24. Section 163.3229, Florida Statutes, is amended |
6614 | to read: |
6615 | 163.3229 Duration of a development agreement and |
6616 | relationship to local comprehensive plan.-The duration of a |
6617 | development agreement may shall not exceed 30 20 years, unless |
6618 | it is. It may be extended by mutual consent of the governing |
6619 | body and the developer, subject to a public hearing in |
6620 | accordance with s. 163.3225. No development agreement shall be |
6621 | effective or be implemented by a local government unless the |
6622 | local government's comprehensive plan and plan amendments |
6623 | implementing or related to the agreement are found in compliance |
6624 | by the state land planning agency in accordance with s. |
6625 | 163.3184, s. 163.3187, or s. 163.3189. |
6626 | Section 25. Section 163.3235, Florida Statutes, is amended |
6627 | to read: |
6628 | 163.3235 Periodic review of a development agreement.-A |
6629 | local government shall review land subject to a development |
6630 | agreement at least once every 12 months to determine if there |
6631 | has been demonstrated good faith compliance with the terms of |
6632 | the development agreement. For each annual review conducted |
6633 | during years 6 through 10 of a development agreement, the review |
6634 | shall be incorporated into a written report which shall be |
6635 | submitted to the parties to the agreement and the state land |
6636 | planning agency. The state land planning agency shall adopt |
6637 | rules regarding the contents of the report, provided that the |
6638 | report shall be limited to the information sufficient to |
6639 | determine the extent to which the parties are proceeding in good |
6640 | faith to comply with the terms of the development agreement. If |
6641 | the local government finds, on the basis of substantial |
6642 | competent evidence, that there has been a failure to comply with |
6643 | the terms of the development agreement, the agreement may be |
6644 | revoked or modified by the local government. |
6645 | Section 26. Section 163.3239, Florida Statutes, is amended |
6646 | to read: |
6647 | 163.3239 Recording and effectiveness of a development |
6648 | agreement.-Within 14 days after a local government enters into a |
6649 | development agreement, the local government shall record the |
6650 | agreement with the clerk of the circuit court in the county |
6651 | where the local government is located. A copy of the recorded |
6652 | development agreement shall be submitted to the state land |
6653 | planning agency within 14 days after the agreement is recorded. |
6654 | A development agreement is shall not be effective until it is |
6655 | properly recorded in the public records of the county and until |
6656 | 30 days after having been received by the state land planning |
6657 | agency pursuant to this section. The burdens of the development |
6658 | agreement shall be binding upon, and the benefits of the |
6659 | agreement shall inure to, all successors in interest to the |
6660 | parties to the agreement. |
6661 | Section 27. Section 163.3243, Florida Statutes, is amended |
6662 | to read: |
6663 | 163.3243 Enforcement.-Any party or, any aggrieved or |
6664 | adversely affected person as defined in s. 163.3215(2), or the |
6665 | state land planning agency may file an action for injunctive |
6666 | relief in the circuit court where the local government is |
6667 | located to enforce the terms of a development agreement or to |
6668 | challenge compliance of the agreement with the provisions of ss. |
6669 | 163.3220- 163.3243. |
6670 | Section 28. Section 163.3245, Florida Statutes, is amended |
6671 | to read: |
6672 | 163.3245 Optional Sector plans.- |
6673 | (1) In recognition of the benefits of conceptual long- |
6674 | range planning for the buildout of an area, and detailed |
6675 | planning for specific areas, as a demonstration project, the |
6676 | requirements of s. 380.06 may be addressed as identified by this |
6677 | section for up to five local governments or combinations of |
6678 | local governments may which adopt into their the comprehensive |
6679 | plans a plan an optional sector plan in accordance with this |
6680 | section. This section is intended to promote and encourage long- |
6681 | term planning for conservation, development, and agriculture on |
6682 | a landscape scale; to further the intent of s. 163.3177(11), |
6683 | which supports innovative and flexible planning and development |
6684 | strategies, and the purposes of this part, and part I of chapter |
6685 | 380; to facilitate protection of regionally significant |
6686 | resources, including, but not limited to, regionally significant |
6687 | water courses and wildlife corridors;, and to avoid duplication |
6688 | of effort in terms of the level of data and analysis required |
6689 | for a development of regional impact, while ensuring the |
6690 | adequate mitigation of impacts to applicable regional resources |
6691 | and facilities, including those within the jurisdiction of other |
6692 | local governments, as would otherwise be provided. Optional |
6693 | Sector plans are intended for substantial geographic areas that |
6694 | include including at least 15,000 5,000 acres of one or more |
6695 | local governmental jurisdictions and are to emphasize urban form |
6696 | and protection of regionally significant resources and public |
6697 | facilities. A The state land planning agency may approve |
6698 | optional sector plans of less than 5,000 acres based on local |
6699 | circumstances if it is determined that the plan would further |
6700 | the purposes of this part and part I of chapter 380. Preparation |
6701 | of an optional sector plan is authorized by agreement between |
6702 | the state land planning agency and the applicable local |
6703 | governments under s. 163.3171(4). An optional sector plan may be |
6704 | adopted through one or more comprehensive plan amendments under |
6705 | s. 163.3184. However, an optional sector plan may not be adopted |
6706 | authorized in an area of critical state concern. |
6707 | (2) Upon the request of a local government having |
6708 | jurisdiction, The state land planning agency may enter into an |
6709 | agreement to authorize preparation of an optional sector plan |
6710 | upon the request of one or more local governments based on |
6711 | consideration of problems and opportunities presented by |
6712 | existing development trends; the effectiveness of current |
6713 | comprehensive plan provisions; the potential to further the |
6714 | state comprehensive plan, applicable strategic regional policy |
6715 | plans, this part, and part I of chapter 380; and those factors |
6716 | identified by s. 163.3177(10)(i). the applicable regional |
6717 | planning council shall conduct a scoping meeting with affected |
6718 | local governments and those agencies identified in s. |
6719 | 163.3184(1)(c)(4) before preparation of the sector plan |
6720 | execution of the agreement authorized by this section. The |
6721 | purpose of this meeting is to assist the state land planning |
6722 | agency and the local government in the identification of the |
6723 | relevant planning issues to be addressed and the data and |
6724 | resources available to assist in the preparation of the sector |
6725 | plan subsequent plan amendments. If a scoping meeting is |
6726 | conducted, the regional planning council shall make written |
6727 | recommendations to the state land planning agency and affected |
6728 | local governments on the issues requested by the local |
6729 | government. The scoping meeting shall be noticed and open to the |
6730 | public. If the entire planning area proposed for the sector plan |
6731 | is within the jurisdiction of two or more local governments, |
6732 | some or all of them may enter into a joint planning agreement |
6733 | pursuant to s. 163.3171 with respect to, including whether a |
6734 | sustainable sector plan would be appropriate. The agreement must |
6735 | define the geographic area to be subject to the sector plan, the |
6736 | planning issues that will be emphasized, procedures requirements |
6737 | for intergovernmental coordination to address |
6738 | extrajurisdictional impacts, supporting application materials |
6739 | including data and analysis, and procedures for public |
6740 | participation, or other issues. An agreement may address |
6741 | previously adopted sector plans that are consistent with the |
6742 | standards in this section. Before executing an agreement under |
6743 | this subsection, the local government shall hold a duly noticed |
6744 | public workshop to review and explain to the public the optional |
6745 | sector planning process and the terms and conditions of the |
6746 | proposed agreement. The local government shall hold a duly |
6747 | noticed public hearing to execute the agreement. All meetings |
6748 | between the department and the local government must be open to |
6749 | the public. |
6750 | (3) Optional Sector planning encompasses two levels: |
6751 | adoption pursuant to under s. 163.3184 of a conceptual long-term |
6752 | master plan for the entire planning area as part of the |
6753 | comprehensive plan, and adoption by local development order of |
6754 | two or more buildout overlay to the comprehensive plan, having |
6755 | no immediate effect on the issuance of development orders or the |
6756 | applicability of s. 380.06, and adoption under s. 163.3184 of |
6757 | detailed specific area plans that implement the conceptual long- |
6758 | term master plan buildout overlay and authorize issuance of |
6759 | development orders, and within which s. 380.06 is waived. Until |
6760 | such time as a detailed specific area plan is adopted, the |
6761 | underlying future land use designations apply. |
6762 | (a) In addition to the other requirements of this chapter, |
6763 | a long-term master plan pursuant to this section conceptual |
6764 | long-term buildout overlay must include maps, illustrations, and |
6765 | text supported by data and analysis to address the following: |
6766 | 1. A long-range conceptual framework map that, at a |
6767 | minimum, generally depicts identifies anticipated areas of |
6768 | urban, agricultural, rural, and conservation land use, |
6769 | identifies allowed uses in various parts of the planning area, |
6770 | specifies maximum and minimum densities and intensities of use, |
6771 | and provides the general framework for the development pattern |
6772 | in developed areas with graphic illustrations based on a |
6773 | hierarchy of places and functional place-making components. |
6774 | 2. A general identification of the water supplies needed |
6775 | and available sources of water, including water resource |
6776 | development and water supply development projects, and water |
6777 | conservation measures needed to meet the projected demand of the |
6778 | future land uses in the long-term master plan. |
6779 | 3. A general identification of the transportation |
6780 | facilities to serve the future land uses in the long-term master |
6781 | plan, including guidelines to be used to establish each modal |
6782 | component intended to optimize mobility. |
6783 | 4.2. A general identification of other regionally |
6784 | significant public facilities consistent with chapter 9J-2, |
6785 | Florida Administrative Code, irrespective of local governmental |
6786 | jurisdiction necessary to support buildout of the anticipated |
6787 | future land uses, which may include central utilities provided |
6788 | onsite within the planning area, and policies setting forth the |
6789 | procedures to be used to mitigate the impacts of future land |
6790 | uses on public facilities. |
6791 | 5.3. A general identification of regionally significant |
6792 | natural resources within the planning area based on the best |
6793 | available data and policies setting forth the procedures for |
6794 | protection or conservation of specific resources consistent with |
6795 | the overall conservation and development strategy for the |
6796 | planning area consistent with chapter 9J-2, Florida |
6797 | Administrative Code. |
6798 | 6.4. General principles and guidelines addressing that |
6799 | address the urban form and the interrelationships of anticipated |
6800 | future land uses; the protection and, as appropriate, |
6801 | restoration and management of lands identified for permanent |
6802 | preservation through recordation of conservation easements |
6803 | consistent with s. 704.06, which shall be phased or staged in |
6804 | coordination with detailed specific area plans to reflect phased |
6805 | or staged development within the planning area; and a |
6806 | discussion, at the applicant's option, of the extent, if any, to |
6807 | which the plan will address restoring key ecosystems, achieving |
6808 | a more clean, healthy environment;, limiting urban sprawl; |
6809 | providing a range of housing types;, protecting wildlife and |
6810 | natural areas;, advancing the efficient use of land and other |
6811 | resources;, and creating quality communities of a design that |
6812 | promotes travel by multiple transportation modes; and enhancing |
6813 | the prospects for the creation of jobs. |
6814 | 7.5. Identification of general procedures and policies to |
6815 | facilitate ensure intergovernmental coordination to address |
6816 | extrajurisdictional impacts from the future land uses long-range |
6817 | conceptual framework map. |
6818 |
|
6819 | A long-term master plan adopted pursuant to this section may be |
6820 | based upon a planning period longer than the generally |
6821 | applicable planning period of the local comprehensive plan, |
6822 | shall specify the projected population within the planning area |
6823 | during the chosen planning period, and may include a phasing or |
6824 | staging schedule that allocates a portion of the local |
6825 | government's future growth to the planning area through the |
6826 | planning period. A long-term master plan adopted pursuant to |
6827 | this section is not required to demonstrate need based upon |
6828 | projected population growth or on any other basis. |
6829 | (b) In addition to the other requirements of this chapter, |
6830 | including those in paragraph (a), the detailed specific area |
6831 | plans shall be consistent with the long-term master plan and |
6832 | must include conditions and commitments that provide for: |
6833 | 1. Development or conservation of an area of adequate size |
6834 | to accommodate a level of development which achieves a |
6835 | functional relationship between a full range of land uses within |
6836 | the area and to encompass at least 1,000 acres consistent with |
6837 | the long-term master plan. The local government state land |
6838 | planning agency may approve detailed specific area plans of less |
6839 | than 1,000 acres based on local circumstances if it is |
6840 | determined that the detailed specific area plan furthers the |
6841 | purposes of this part and part I of chapter 380. |
6842 | 2. Detailed identification and analysis of the maximum and |
6843 | minimum densities and intensities of use and the distribution, |
6844 | extent, and location of future land uses. |
6845 | 3. Detailed identification of water resource development |
6846 | and water supply development projects and related infrastructure |
6847 | and water conservation measures to address water needs of |
6848 | development in the detailed specific area plan. |
6849 | 4. Detailed identification of the transportation |
6850 | facilities to serve the future land uses in the detailed |
6851 | specific area plan. |
6852 | 5.3. Detailed identification of other regionally |
6853 | significant public facilities, including public facilities |
6854 | outside the jurisdiction of the host local government, |
6855 | anticipated impacts of future land uses on those facilities, and |
6856 | required improvements consistent with the long-term master plan |
6857 | chapter 9J-2, Florida Administrative Code. |
6858 | 6.4. Public facilities necessary to serve development in |
6859 | the detailed specific area plan for the short term, including |
6860 | developer contributions in a financially feasible 5-year capital |
6861 | improvement schedule of the affected local government. |
6862 | 7.5. Detailed analysis and identification of specific |
6863 | measures to ensure assure the protection and, as appropriate, |
6864 | restoration and management of lands within the boundary of the |
6865 | detailed specific area plan identified for permanent |
6866 | preservation through recordation of conservation easements |
6867 | consistent with s. 704.06, which easements shall be effective |
6868 | before or concurrent with the effective date of the detailed |
6869 | specific area plan of regionally significant natural resources |
6870 | and other important resources both within and outside the host |
6871 | jurisdiction, including those regionally significant resources |
6872 | identified in chapter 9J-2, Florida Administrative Code. |
6873 | 8.6. Detailed principles and guidelines addressing that |
6874 | address the urban form and the interrelationships of anticipated |
6875 | future land uses; and a discussion, at the applicant's option, |
6876 | of the extent, if any, to which the plan will address restoring |
6877 | key ecosystems, achieving a more clean, healthy environment;, |
6878 | limiting urban sprawl; providing a range of housing types;, |
6879 | protecting wildlife and natural areas;, advancing the efficient |
6880 | use of land and other resources;, and creating quality |
6881 | communities of a design that promotes travel by multiple |
6882 | transportation modes; and enhancing the prospects for the |
6883 | creation of jobs. |
6884 | 9.7. Identification of specific procedures to facilitate |
6885 | ensure intergovernmental coordination to address |
6886 | extrajurisdictional impacts from of the detailed specific area |
6887 | plan. |
6888 |
|
6889 | A detailed specific area plan adopted by local development order |
6890 | pursuant to this section may be based upon a planning period |
6891 | longer than the generally applicable planning period of the |
6892 | local comprehensive plan and shall specify the projected |
6893 | population within the specific planning area during the chosen |
6894 | planning period. A detailed specific area plan adopted pursuant |
6895 | to this section is not required to demonstrate need based upon |
6896 | projected population growth or on any other basis. All lands |
6897 | identified in the long-term master plan for permanent |
6898 | preservation shall be subject to a recorded conservation |
6899 | easement consistent with s. 704.06 before or concurrent with the |
6900 | effective date of the final detailed specific area plan to be |
6901 | approved within the planning area. |
6902 | (c) In its review of a long-term master plan, the state |
6903 | land planning agency shall consult with the Department of |
6904 | Agriculture and Consumer Services, the Department of |
6905 | Environmental Protection, the Fish and Wildlife Conservation |
6906 | Commission, and the applicable water management district |
6907 | regarding the design of areas for protection and conservation of |
6908 | regionally significant natural resources and for the protection |
6909 | and, as appropriate, restoration and management of lands |
6910 | identified for permanent preservation. |
6911 | (d) In its review of a long-term master plan, the state |
6912 | land planning agency shall consult with the Department of |
6913 | Transportation, the applicable metropolitan planning |
6914 | organization, and any urban transit agency regarding the |
6915 | location, capacity, design, and phasing or staging of major |
6916 | transportation facilities in the planning area. |
6917 | (e) Whenever a local government issues a development order |
6918 | approving a detailed specific area plan, a copy of such order |
6919 | shall be rendered to the state land planning agency and the |
6920 | owner or developer of the property affected by such order, as |
6921 | prescribed by rules of the state land planning agency for a |
6922 | development order for a development of regional impact. Within |
6923 | 45 days after the order is rendered, the owner, the developer, |
6924 | or the state land planning agency may appeal the order to the |
6925 | Florida Land and Water Adjudicatory Commission by filing a |
6926 | petition alleging that the detailed specific area plan is not |
6927 | consistent with the comprehensive plan or with the long-term |
6928 | master plan adopted pursuant to this section. The appellant |
6929 | shall furnish a copy of the petition to the opposing party, as |
6930 | the case may be, and to the local government that issued the |
6931 | order. The filing of the petition stays the effectiveness of the |
6932 | order until after completion of the appeal process. However, if |
6933 | a development order approving a detailed specific area plan has |
6934 | been challenged by an aggrieved or adversely affected party in a |
6935 | judicial proceeding pursuant to s. 163.3215, and a party to such |
6936 | proceeding serves notice to the state land planning agency, the |
6937 | state land planning agency shall dismiss its appeal to the |
6938 | commission and shall have the right to intervene in the pending |
6939 | judicial proceeding pursuant to s. 163.3215. Proceedings for |
6940 | administrative review of an order approving a detailed specific |
6941 | area plan shall be conducted consistent with s. 380.07(6). The |
6942 | commission shall issue a decision granting or denying permission |
6943 | to develop pursuant to the long-term master plan and the |
6944 | standards of this part and may attach conditions or restrictions |
6945 | to its decisions. |
6946 | (f)(c) This subsection does may not be construed to |
6947 | prevent preparation and approval of the optional sector plan and |
6948 | detailed specific area plan concurrently or in the same |
6949 | submission. |
6950 | (4) Upon the long-term master plan becoming legally |
6951 | effective: |
6952 | (a) Any long-range transportation plan developed by a |
6953 | metropolitan planning organization pursuant to s. 339.175(7) |
6954 | must be consistent, to the maximum extent feasible, with the |
6955 | long-term master plan, including, but not limited to, the |
6956 | projected population and the approved uses and densities and |
6957 | intensities of use and their distribution within the planning |
6958 | area. The transportation facilities identified in adopted plans |
6959 | pursuant to subparagraphs (3)(a)3. and (b)4. must be developed |
6960 | in coordination with the adopted M.P.O. long-range |
6961 | transportation plan. |
6962 | (b) The water needs, sources and water resource |
6963 | development, and water supply development projects identified in |
6964 | adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall |
6965 | be incorporated into the applicable district and regional water |
6966 | supply plans adopted in accordance with ss. 373.036 and 373.709. |
6967 | Accordingly, and notwithstanding the permit durations stated in |
6968 | s. 373.236, an applicant may request and the applicable district |
6969 | may issue consumptive use permits for durations commensurate |
6970 | with the long-term master plan or detailed specific area plan, |
6971 | considering the ability of the master plan area to contribute to |
6972 | regional water supply availability and the need to maximize |
6973 | reasonable-beneficial use of the water resource. The permitting |
6974 | criteria in s. 373.223 shall be applied based upon the projected |
6975 | population and the approved densities and intensities of use and |
6976 | their distribution in the long-term master plan; however, the |
6977 | allocation of the water may be phased over the permit duration |
6978 | to correspond to actual projected needs. This paragraph does not |
6979 | supersede the public interest test set forth in s. 373.223. The |
6980 | host local government shall submit a monitoring report to the |
6981 | state land planning agency and applicable regional planning |
6982 | council on an annual basis after adoption of a detailed specific |
6983 | area plan. The annual monitoring report must provide summarized |
6984 | information on development orders issued, development that has |
6985 | occurred, public facility improvements made, and public facility |
6986 | improvements anticipated over the upcoming 5 years. |
6987 | (5) When a plan amendment adopting a detailed specific |
6988 | area plan has become effective for a portion of the planning |
6989 | area governed by a long-term master plan adopted pursuant to |
6990 | this section under ss. 163.3184 and 163.3189(2), the provisions |
6991 | of s. 380.06 does do not apply to development within the |
6992 | geographic area of the detailed specific area plan. However, any |
6993 | development-of-regional-impact development order that is vested |
6994 | from the detailed specific area plan may be enforced pursuant to |
6995 | under s. 380.11. |
6996 | (a) The local government adopting the detailed specific |
6997 | area plan is primarily responsible for monitoring and enforcing |
6998 | the detailed specific area plan. Local governments may shall not |
6999 | issue any permits or approvals or provide any extensions of |
7000 | services to development that are not consistent with the |
7001 | detailed specific sector area plan. |
7002 | (b) If the state land planning agency has reason to |
7003 | believe that a violation of any detailed specific area plan, or |
7004 | of any agreement entered into under this section, has occurred |
7005 | or is about to occur, it may institute an administrative or |
7006 | judicial proceeding to prevent, abate, or control the conditions |
7007 | or activity creating the violation, using the procedures in s. |
7008 | 380.11. |
7009 | (c) In instituting an administrative or judicial |
7010 | proceeding involving a an optional sector plan or detailed |
7011 | specific area plan, including a proceeding pursuant to paragraph |
7012 | (b), the complaining party shall comply with the requirements of |
7013 | s. 163.3215(4), (5), (6), and (7), except as provided by |
7014 | paragraph (3)(e). |
7015 | (d) The detailed specific area plan shall establish a |
7016 | buildout date until which the approved development is not |
7017 | subject to downzoning, unit density reduction, or intensity |
7018 | reduction, unless the local government can demonstrate that |
7019 | implementation of the plan is not continuing in good faith based |
7020 | on standards established by plan policy, that substantial |
7021 | changes in the conditions underlying the approval of the |
7022 | detailed specific area plan have occurred, that the detailed |
7023 | specific area plan was based on substantially inaccurate |
7024 | information provided by the applicant, or that the change is |
7025 | clearly established to be essential to the public health, |
7026 | safety, or welfare. |
7027 | (6) Concurrent with or subsequent to review and adoption |
7028 | of a long-term master plan pursuant to paragraph (3)(a), an |
7029 | applicant may apply for master development approval pursuant to |
7030 | s. 380.06(21) for the entire planning area in order to establish |
7031 | a buildout date until which the approved uses and densities and |
7032 | intensities of use of the master plan are not subject to |
7033 | downzoning, unit density reduction, or intensity reduction, |
7034 | unless the local government can demonstrate that implementation |
7035 | of the master plan is not continuing in good faith based on |
7036 | standards established by plan policy, that substantial changes |
7037 | in the conditions underlying the approval of the master plan |
7038 | have occurred, that the master plan was based on substantially |
7039 | inaccurate information provided by the applicant, or that change |
7040 | is clearly established to be essential to the public health, |
7041 | safety, or welfare. Review of the application for master |
7042 | development approval shall be at a level of detail appropriate |
7043 | for the long-term and conceptual nature of the long-term master |
7044 | plan and, to the maximum extent possible, may only consider |
7045 | information provided in the application for a long-term master |
7046 | plan. Notwithstanding s. 380.06, an increment of development in |
7047 | such an approved master development plan must be approved by a |
7048 | detailed specific area plan pursuant to paragraph (3)(b) and is |
7049 | exempt from review pursuant to s. 380.06. |
7050 | (6) Beginning December 1, 1999, and each year thereafter, |
7051 | the department shall provide a status report to the Legislative |
7052 | Committee on Intergovernmental Relations regarding each optional |
7053 | sector plan authorized under this section. |
7054 | (7) A developer within an area subject to a long-term |
7055 | master plan that meets the requirements of paragraph (3)(a) and |
7056 | subsection (6) or a detailed specific area plan that meets the |
7057 | requirements of paragraph (3)(b) may enter into a development |
7058 | agreement with a local government pursuant to ss. 163.3220- |
7059 | 163.3243. The duration of such a development agreement may be |
7060 | through the planning period of the long-term master plan or the |
7061 | detailed specific area plan, as the case may be, notwithstanding |
7062 | the limit on the duration of a development agreement pursuant to |
7063 | s. 163.3229. |
7064 | (8) Any owner of property within the planning area of a |
7065 | proposed long-term master plan may withdraw his consent to the |
7066 | master plan at any time prior to local government adoption, and |
7067 | the local government shall exclude such parcels from the adopted |
7068 | master plan. Thereafter, the long-term master plan, any detailed |
7069 | specific area plan, and the exemption from development-of- |
7070 | regional-impact review under this section do not apply to the |
7071 | subject parcels. After adoption of a long-term master plan, an |
7072 | owner may withdraw his or her property from the master plan only |
7073 | with the approval of the local government by plan amendment |
7074 | adopted and reviewed pursuant to s. 163.3184. |
7075 | (9) The adoption of a long-term master plan or a detailed |
7076 | specific area plan pursuant to this section does not limit the |
7077 | right to continue existing agricultural or silvicultural uses or |
7078 | other natural resource-based operations or to establish similar |
7079 | new uses that are consistent with the plans approved pursuant to |
7080 | this section. |
7081 | (10) The state land planning agency may enter into an |
7082 | agreement with a local government that, on or before July 1, |
7083 | 2011, adopted a large-area comprehensive plan amendment |
7084 | consisting of at least 15,000 acres that meets the requirements |
7085 | for a long-term master plan in paragraph (3)(a), after notice |
7086 | and public hearing by the local government, and thereafter, |
7087 | notwithstanding s. 380.06, this part, or any planning agreement |
7088 | or plan policy, the large-area plan shall be implemented through |
7089 | detailed specific area plans that meet the requirements of |
7090 | paragraph (3)(b) and shall otherwise be subject to this section. |
7091 | (11) Notwithstanding this section, a detailed specific |
7092 | area plan to implement a conceptual long-term buildout overlay, |
7093 | adopted by a local government and found in compliance before |
7094 | July 1, 2011, shall be governed by this section. |
7095 | (12) Notwithstanding s. 380.06, this part, or any planning |
7096 | agreement or plan policy, a landowner or developer who has |
7097 | received approval of a master development-of-regional-impact |
7098 | development order pursuant to s. 380.06(21) may apply to |
7099 | implement this order by filing one or more applications to |
7100 | approve a detailed specific area plan pursuant to paragraph |
7101 | (3)(b). |
7102 | (13)(7) This section may not be construed to abrogate the |
7103 | rights of any person under this chapter. |
7104 | Section 29. Subsections (9), (12), and (14) of section |
7105 | 163.3246, Florida Statutes, are amended to read: |
7106 | 163.3246 Local government comprehensive planning |
7107 | certification program.- |
7108 | (9)(a) Upon certification all comprehensive plan |
7109 | amendments associated with the area certified must be adopted |
7110 | and reviewed in the manner described in s. ss. 163.3184(5)- |
7111 | (11)(1), (2), (7), (14), (15), and (16) and 163.3187, such that |
7112 | state and regional agency review is eliminated. Plan amendments |
7113 | that qualify as small scale development amendments may follow |
7114 | the small scale review process in s. 163.3187. The department |
7115 | may not issue any objections, recommendations, and comments |
7116 | report on proposed plan amendments or a notice of intent on |
7117 | adopted plan amendments; however, affected persons, as defined |
7118 | by s. 163.3184(1)(a), may file a petition for administrative |
7119 | review pursuant to the requirements of s. 163.3184(5) |
7120 | 163.3187(3)(a) to challenge the compliance of an adopted plan |
7121 | amendment. |
7122 | (b) Plan amendments that change the boundaries of the |
7123 | certification area; propose a rural land stewardship area |
7124 | pursuant to s. 163.3248 163.3177(11)(d); propose a an optional |
7125 | sector plan pursuant to s. 163.3245; propose a school facilities |
7126 | element; update a comprehensive plan based on an evaluation and |
7127 | appraisal review report; impact lands outside the certification |
7128 | boundary; implement new statutory requirements that require |
7129 | specific comprehensive plan amendments; or increase hurricane |
7130 | evacuation times or the need for shelter capacity on lands |
7131 | within the coastal high-hazard area shall be reviewed pursuant |
7132 | to s. ss. 163.3184 and 163.3187. |
7133 | (12) A local government's certification shall be reviewed |
7134 | by the local government and the department as part of the |
7135 | evaluation and appraisal process pursuant to s. 163.3191. Within |
7136 | 1 year after the deadline for the local government to update its |
7137 | comprehensive plan based on the evaluation and appraisal report, |
7138 | the department shall renew or revoke the certification. The |
7139 | local government's failure to adopt a timely evaluation and |
7140 | appraisal report, failure to adopt an evaluation and appraisal |
7141 | report found to be sufficient, or failure to timely adopt |
7142 | necessary amendments to update its comprehensive plan based on |
7143 | an evaluation and appraisal, which are report found to be in |
7144 | compliance by the department, shall be cause for revoking the |
7145 | certification agreement. The department's decision to renew or |
7146 | revoke shall be considered agency action subject to challenge |
7147 | under s. 120.569. |
7148 | (14) The Office of Program Policy Analysis and Government |
7149 | Accountability shall prepare a report evaluating the |
7150 | certification program, which shall be submitted to the Governor, |
7151 | the President of the Senate, and the Speaker of the House of |
7152 | Representatives by December 1, 2007. |
7153 | Section 30. Section 163.32465, Florida Statutes, is |
7154 | repealed. |
7155 | Section 31. Subsection (6) is added to section 163.3247, |
7156 | Florida Statutes, to read: |
7157 | 163.3247 Century Commission for a Sustainable Florida.- |
7158 | (6) EXPIRATION.-This section is repealed and the |
7159 | commission is abolished June 30, 2013. |
7160 | Section 32. Section 163.3248, Florida Statutes, is created |
7161 | to read: |
7162 | 163.3248 Rural land stewardship areas.- |
7163 | (1) Rural land stewardship areas are designed to establish |
7164 | a long-term incentive based strategy to balance and guide the |
7165 | allocation of land so as to accommodate future land uses in a |
7166 | manner that protects the natural environment, stimulate economic |
7167 | growth and diversification, and encourage the retention of land |
7168 | for agriculture and other traditional rural land uses. |
7169 | (2) Upon written request by one or more landowners of the |
7170 | subject lands to designate lands as a rural land stewardship |
7171 | area, or pursuant to a private-sector-initiated comprehensive |
7172 | plan amendment filed by, or with the consent of the owners of |
7173 | the subject lands, local governments may adopt a future land use |
7174 | overlay to designate all or portions of lands classified in the |
7175 | future land use element as predominantly agricultural, rural, |
7176 | open, open-rural, or a substantively equivalent land use, as a |
7177 | rural land stewardship area within which planning and economic |
7178 | incentives are applied to encourage the implementation of |
7179 | innovative and flexible planning and development strategies and |
7180 | creative land use planning techniques to support a diverse |
7181 | economic and employment base. The future land use overlay may |
7182 | not require a demonstration of need based on population |
7183 | projections or any other factors. |
7184 | (3) Rural land stewardship areas may be used to further |
7185 | the following broad principles of rural sustainability: |
7186 | restoration and maintenance of the economic value of rural land; |
7187 | control of urban sprawl; identification and protection of |
7188 | ecosystems, habitats, and natural resources; promotion and |
7189 | diversification of economic activity and employment |
7190 | opportunities within the rural areas; maintenance of the |
7191 | viability of the state's agricultural economy; and protection of |
7192 | private property rights in rural areas of the state. Rural land |
7193 | stewardship areas may be multicounty in order to encourage |
7194 | coordinated regional stewardship planning. |
7195 | (4) A local government or one or more property owners may |
7196 | request assistance and participation in the development of a |
7197 | plan for the rural land stewardship area from the state land |
7198 | planning agency, the Department of Agriculture and Consumer |
7199 | Services, the Fish and Wildlife Conservation Commission, the |
7200 | Department of Environmental Protection, the appropriate water |
7201 | management district, the Department of Transportation, the |
7202 | regional planning council, private land owners, and |
7203 | stakeholders. |
7204 | (5) A rural land stewardship area shall be not less than |
7205 | 10,000 acres, shall be located outside of municipalities and |
7206 | established urban service areas, and shall be designated by plan |
7207 | amendment by each local government with jurisdiction over the |
7208 | rural land stewardship area. The plan amendment or amendments |
7209 | designating a rural land stewardship area are subject to review |
7210 | pursuant to s. 163.3184 and shall provide for the following: |
7211 | (a) Criteria for the designation of receiving areas which |
7212 | shall, at a minimum, provide for the following: adequacy of |
7213 | suitable land to accommodate development so as to avoid conflict |
7214 | with significant environmentally sensitive areas, resources, and |
7215 | habitats; compatibility between and transition from higher |
7216 | density uses to lower intensity rural uses; and the |
7217 | establishment of receiving area service boundaries that provide |
7218 | for a transition from receiving areas and other land uses within |
7219 | the rural land stewardship area through limitations on the |
7220 | extension of services. |
7221 | (b) Innovative planning and development strategies to be |
7222 | applied within rural land stewardship areas pursuant to this |
7223 | section. |
7224 | (c) A process for the implementation of innovative |
7225 | planning and development strategies within the rural land |
7226 | stewardship area, including those described in this subsection, |
7227 | which provide for a functional mix of land uses through the |
7228 | adoption by the local government of zoning and land development |
7229 | regulations applicable to the rural land stewardship area. |
7230 | (d) A mix of densities and intensities that would not be |
7231 | characterized as urban sprawl through the use of innovative |
7232 | strategies and creative land use techniques. |
7233 | (6) A receiving area may be designated only pursuant to |
7234 | procedures established in the local government's land |
7235 | development regulations. If receiving area designation requires |
7236 | the approval of the county board of county commissioners, such |
7237 | approval shall be by resolution with a simple majority vote. |
7238 | Before the commencement of development within a stewardship |
7239 | receiving area, a listed species survey must be performed for |
7240 | the area proposed for development. If listed species occur on |
7241 | the receiving area development site, the applicant must |
7242 | coordinate with each appropriate local, state, or federal agency |
7243 | to determine if adequate provisions have been made to protect |
7244 | those species in accordance with applicable regulations. In |
7245 | determining the adequacy of provisions for the protection of |
7246 | listed species and their habitats, the rural land stewardship |
7247 | area shall be considered as a whole, and the potential impacts |
7248 | and protective measures taken within areas to be developed as |
7249 | receiving areas shall be considered in conjunction with and |
7250 | compensated by lands set aside and protective measures taken |
7251 | within the designated sending areas. |
7252 | (7) Upon the adoption of a plan amendment creating a rural |
7253 | land stewardship area, the local government shall, by ordinance, |
7254 | establish a rural land stewardship overlay zoning district, |
7255 | which shall provide the methodology for the creation, |
7256 | conveyance, and use of transferable rural land use credits, |
7257 | hereinafter referred to as stewardship credits, the assignment |
7258 | and application of which does not constitute a right to develop |
7259 | land or increase the density of land, except as provided by this |
7260 | section. The total amount of stewardship credits within the |
7261 | rural land stewardship area must enable the realization of the |
7262 | long-term vision and goals for the rural land stewardship area, |
7263 | which may take into consideration the anticipated effect of the |
7264 | proposed receiving areas. The estimated amount of receiving area |
7265 | shall be projected based on available data, and the development |
7266 | potential represented by the stewardship credits created within |
7267 | the rural land stewardship area must correlate to that amount. |
7268 | (8) Stewardship credits are subject to the following |
7269 | limitations: |
7270 | (a) Stewardship credits may exist only within a rural land |
7271 | stewardship area. |
7272 | (b) Stewardship credits may be created only from lands |
7273 | designated as stewardship sending areas and may be used only on |
7274 | lands designated as stewardship receiving areas and then solely |
7275 | for the purpose of implementing innovative planning and |
7276 | development strategies and creative land use planning techniques |
7277 | adopted by the local government pursuant to this section. |
7278 | (c) Stewardship credits assigned to a parcel of land |
7279 | within a rural land stewardship area shall cease to exist if the |
7280 | parcel of land is removed from the rural land stewardship area |
7281 | by plan amendment. |
7282 | (d) Neither the creation of the rural land stewardship |
7283 | area by plan amendment nor the adoption of the rural land |
7284 | stewardship zoning overlay district by the local government may |
7285 | displace the underlying permitted uses or the density or |
7286 | intensity of land uses assigned to a parcel of land within the |
7287 | rural land stewardship area that existed before adoption of the |
7288 | plan amendment or zoning overlay district; however, once |
7289 | stewardship credits have been transferred from a designated |
7290 | sending area for use within a designated receiving area, the |
7291 | underlying density assigned to the designated sending area |
7292 | ceases to exist. |
7293 | (e) The underlying permitted uses, density, or intensity |
7294 | on each parcel of land located within a rural land stewardship |
7295 | area may not be increased or decreased by the local government, |
7296 | except as a result of the conveyance or stewardship credits, as |
7297 | long as the parcel remains within the rural land stewardship |
7298 | area. |
7299 | (f) Stewardship credits shall cease to exist on a parcel |
7300 | of land where the underlying density assigned to the parcel of |
7301 | land is used. |
7302 | (g) An increase in the density or intensity of use on a |
7303 | parcel of land located within a designated receiving area may |
7304 | occur only through the assignment or use of stewardship credits |
7305 | and do not require a plan amendment. A change in the type of |
7306 | agricultural use on property within a rural land stewardship |
7307 | area is not considered a change in use or intensity of use and |
7308 | does not require any transfer of stewardship credits. |
7309 | (h) A change in the density or intensity of land use on |
7310 | parcels located within receiving areas shall be specified in a |
7311 | development order that reflects the total number of stewardship |
7312 | credits assigned to the parcel of land and the infrastructure |
7313 | and support services necessary to provide for a functional mix |
7314 | of land uses corresponding to the plan of development. |
7315 | (i) Land within a rural land stewardship area may be |
7316 | removed from the rural land stewardship area through a plan |
7317 | amendment. |
7318 | (j) Stewardship credits may be assigned at different |
7319 | ratios of credits per acre according to the natural resource or |
7320 | other beneficial use characteristics of the land and according |
7321 | to the land use remaining after the transfer of credits, with |
7322 | the highest number of credits per acre assigned to the most |
7323 | environmentally valuable land or, in locations where the |
7324 | retention of open space and agricultural land is a priority, to |
7325 | such lands. |
7326 | (k) Stewardship credits may be transferred from a sending |
7327 | area only after a stewardship easement is placed on the sending |
7328 | area land with assigned stewardship credits. A stewardship |
7329 | easement is a covenant or restrictive easement running with the |
7330 | land which specifies the allowable uses and development |
7331 | restrictions for the portion of a sending area from which |
7332 | stewardship credits have been transferred. The stewardship |
7333 | easement must be jointly held by the county and the Department |
7334 | of Environmental Protection, the Department of Agriculture and |
7335 | Consumer Services, a water management district, or a recognized |
7336 | statewide land trust. |
7337 | (9) Owners of land within rural land stewardship sending |
7338 | areas should be provided other incentives, in addition to the |
7339 | use or conveyance of stewardship credits, to enter into rural |
7340 | land stewardship agreements, pursuant to existing law and rules |
7341 | adopted thereto, with state agencies, water management |
7342 | districts, the Fish and Wildlife Conservation Commission, and |
7343 | local governments to achieve mutually agreed upon objectives. |
7344 | Such incentives may include, but are not limited to, the |
7345 | following: |
7346 | (a) Opportunity to accumulate transferable wetland and |
7347 | species habitat mitigation credits for use or sale. |
7348 | (b) Extended permit agreements. |
7349 | (c) Opportunities for recreational leases and ecotourism. |
7350 | (d) Compensation for the achievement of specified land |
7351 | management activities of public benefit, including, but not |
7352 | limited to, facility siting and corridors, recreational leases, |
7353 | water conservation and storage, water reuse, wastewater |
7354 | recycling, water supply and water resource development, nutrient |
7355 | reduction, environmental restoration and mitigation, public |
7356 | recreation, listed species protection and recovery, and wildlife |
7357 | corridor management and enhancement. |
7358 | (e) Option agreements for sale to public entities or |
7359 | private land conservation entities, in either fee or easement, |
7360 | upon achievement of specified conservation objectives. |
7361 | (10) This section constitutes an overlay of land use |
7362 | options that provide economic and regulatory incentives for |
7363 | landowners outside of established and planned urban service |
7364 | areas to conserve and manage vast areas of land for the benefit |
7365 | of the state's citizens and natural environment while |
7366 | maintaining and enhancing the asset value of their landholdings. |
7367 | It is the intent of the Legislature that this section be |
7368 | implemented pursuant to law and rulemaking is not authorized. |
7369 | (11) It is the intent of the Legislature that the rural |
7370 | land stewardship area located in Collier County, which was |
7371 | established pursuant to the requirements of a final order by the |
7372 | Governor and Cabinet, duly adopted as a growth management plan |
7373 | amendment by Collier County, and found in compliance with this |
7374 | chapter, be recognized as a statutory rural land stewardship |
7375 | area and be afforded the incentives in this section. |
7376 | Section 33. Paragraph (a) of subsection (2) of section |
7377 | 163.360, Florida Statutes, is amended to read: |
7378 | 163.360 Community redevelopment plans.- |
7379 | (2) The community redevelopment plan shall: |
7380 | (a) Conform to the comprehensive plan for the county or |
7381 | municipality as prepared by the local planning agency under the |
7382 | Community Local Government Comprehensive Planning and Land |
7383 | Development Regulation Act. |
7384 | Section 34. Paragraph (a) of subsection (3) and subsection |
7385 | (8) of section 163.516, Florida Statutes, are amended to read: |
7386 | 163.516 Safe neighborhood improvement plans.- |
7387 | (3) The safe neighborhood improvement plan shall: |
7388 | (a) Be consistent with the adopted comprehensive plan for |
7389 | the county or municipality pursuant to the Community Local |
7390 | Government Comprehensive Planning and Land Development |
7391 | Regulation Act. No district plan shall be implemented unless the |
7392 | local governing body has determined said plan is consistent. |
7393 | (8) Pursuant to s. ss. 163.3184, 163.3187, and 163.3189, |
7394 | the governing body of a municipality or county shall hold two |
7395 | public hearings to consider the board-adopted safe neighborhood |
7396 | improvement plan as an amendment or modification to the |
7397 | municipality's or county's adopted local comprehensive plan. |
7398 | Section 35. Paragraph (f) of subsection (6), subsection |
7399 | (9), and paragraph (c) of subsection (11) of section 171.203, |
7400 | Florida Statutes, are amended to read: |
7401 | 171.203 Interlocal service boundary agreement.-The |
7402 | governing body of a county and one or more municipalities or |
7403 | independent special districts within the county may enter into |
7404 | an interlocal service boundary agreement under this part. The |
7405 | governing bodies of a county, a municipality, or an independent |
7406 | special district may develop a process for reaching an |
7407 | interlocal service boundary agreement which provides for public |
7408 | participation in a manner that meets or exceeds the requirements |
7409 | of subsection (13), or the governing bodies may use the process |
7410 | established in this section. |
7411 | (6) An interlocal service boundary agreement may address |
7412 | any issue concerning service delivery, fiscal responsibilities, |
7413 | or boundary adjustment. The agreement may include, but need not |
7414 | be limited to, provisions that: |
7415 | (f) Establish a process for land use decisions consistent |
7416 | with part II of chapter 163, including those made jointly by the |
7417 | governing bodies of the county and the municipality, or allow a |
7418 | municipality to adopt land use changes consistent with part II |
7419 | of chapter 163 for areas that are scheduled to be annexed within |
7420 | the term of the interlocal agreement; however, the county |
7421 | comprehensive plan and land development regulations shall |
7422 | control until the municipality annexes the property and amends |
7423 | its comprehensive plan accordingly. Comprehensive plan |
7424 | amendments to incorporate the process established by this |
7425 | paragraph are exempt from the twice-per-year limitation under s. |
7426 | 163.3187. |
7427 | (9) Each local government that is a party to the |
7428 | interlocal service boundary agreement shall amend the |
7429 | intergovernmental coordination element of its comprehensive |
7430 | plan, as described in s. 163.3177(6)(h)1., no later than 6 |
7431 | months following entry of the interlocal service boundary |
7432 | agreement consistent with s. 163.3177(6)(h)1. Plan amendments |
7433 | required by this subsection are exempt from the twice-per-year |
7434 | limitation under s. 163.3187. |
7435 | (11) |
7436 | (c) Any amendment required by paragraph (a) is exempt from |
7437 | the twice-per-year limitation under s. 163.3187. |
7438 | Section 36. Section 186.513, Florida Statutes, is amended |
7439 | to read: |
7440 | 186.513 Reports.-Each regional planning council shall |
7441 | prepare and furnish an annual report on its activities to the |
7442 | state land planning agency as defined in s. 163.3164(20) and the |
7443 | local general-purpose governments within its boundaries and, |
7444 | upon payment as may be established by the council, to any |
7445 | interested person. The regional planning councils shall make a |
7446 | joint report and recommendations to appropriate legislative |
7447 | committees. |
7448 | Section 37. Section 186.515, Florida Statutes, is amended |
7449 | to read: |
7450 | 186.515 Creation of regional planning councils under |
7451 | chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and |
7452 | 186.515 is intended to repeal or limit the provisions of chapter |
7453 | 163; however, the local general-purpose governments serving as |
7454 | voting members of the governing body of a regional planning |
7455 | council created pursuant to ss. 186.501-186.507, 186.513, and |
7456 | 186.515 are not authorized to create a regional planning council |
7457 | pursuant to chapter 163 unless an agency, other than a regional |
7458 | planning council created pursuant to ss. 186.501-186.507, |
7459 | 186.513, and 186.515, is designated to exercise the powers and |
7460 | duties in any one or more of ss. 163.3164(19) and 380.031(15); |
7461 | in which case, such a regional planning council is also without |
7462 | authority to exercise the powers and duties in s. 163.3164(19) |
7463 | or s. 380.031(15). |
7464 | Section 38. Subsection (1) of section 189.415, Florida |
7465 | Statutes, is amended to read: |
7466 | 189.415 Special district public facilities report.- |
7467 | (1) It is declared to be the policy of this state to |
7468 | foster coordination between special districts and local general- |
7469 | purpose governments as those local general-purpose governments |
7470 | develop comprehensive plans under the Community Local Government |
7471 | Comprehensive Planning and Land Development Regulation Act, |
7472 | pursuant to part II of chapter 163. |
7473 | Section 39. Subsection (3) of section 190.004, Florida |
7474 | Statutes, is amended to read: |
7475 | 190.004 Preemption; sole authority.- |
7476 | (3) The establishment of an independent community |
7477 | development district as provided in this act is not a |
7478 | development order within the meaning of chapter 380. All |
7479 | governmental planning, environmental, and land development laws, |
7480 | regulations, and ordinances apply to all development of the land |
7481 | within a community development district. Community development |
7482 | districts do not have the power of a local government to adopt a |
7483 | comprehensive plan, building code, or land development code, as |
7484 | those terms are defined in the Community Local Government |
7485 | Comprehensive Planning and Land Development Regulation Act. A |
7486 | district shall take no action which is inconsistent with |
7487 | applicable comprehensive plans, ordinances, or regulations of |
7488 | the applicable local general-purpose government. |
7489 | Section 40. Paragraph (a) of subsection (1) of section |
7490 | 190.005, Florida Statutes, is amended to read: |
7491 | 190.005 Establishment of district.- |
7492 | (1) The exclusive and uniform method for the establishment |
7493 | of a community development district with a size of 1,000 acres |
7494 | or more shall be pursuant to a rule, adopted under chapter 120 |
7495 | by the Florida Land and Water Adjudicatory Commission, granting |
7496 | a petition for the establishment of a community development |
7497 | district. |
7498 | (a) A petition for the establishment of a community |
7499 | development district shall be filed by the petitioner with the |
7500 | Florida Land and Water Adjudicatory Commission. The petition |
7501 | shall contain: |
7502 | 1. A metes and bounds description of the external |
7503 | boundaries of the district. Any real property within the |
7504 | external boundaries of the district which is to be excluded from |
7505 | the district shall be specifically described, and the last known |
7506 | address of all owners of such real property shall be listed. The |
7507 | petition shall also address the impact of the proposed district |
7508 | on any real property within the external boundaries of the |
7509 | district which is to be excluded from the district. |
7510 | 2. The written consent to the establishment of the |
7511 | district by all landowners whose real property is to be included |
7512 | in the district or documentation demonstrating that the |
7513 | petitioner has control by deed, trust agreement, contract, or |
7514 | option of 100 percent of the real property to be included in the |
7515 | district, and when real property to be included in the district |
7516 | is owned by a governmental entity and subject to a ground lease |
7517 | as described in s. 190.003(14), the written consent by such |
7518 | governmental entity. |
7519 | 3. A designation of five persons to be the initial members |
7520 | of the board of supervisors, who shall serve in that office |
7521 | until replaced by elected members as provided in s. 190.006. |
7522 | 4. The proposed name of the district. |
7523 | 5. A map of the proposed district showing current major |
7524 | trunk water mains and sewer interceptors and outfalls if in |
7525 | existence. |
7526 | 6. Based upon available data, the proposed timetable for |
7527 | construction of the district services and the estimated cost of |
7528 | constructing the proposed services. These estimates shall be |
7529 | submitted in good faith but are shall not be binding and may be |
7530 | subject to change. |
7531 | 7. A designation of the future general distribution, |
7532 | location, and extent of public and private uses of land proposed |
7533 | for the area within the district by the future land use plan |
7534 | element of the effective local government comprehensive plan of |
7535 | which all mandatory elements have been adopted by the applicable |
7536 | general-purpose local government in compliance with the |
7537 | Community Local Government Comprehensive Planning and Land |
7538 | Development Regulation Act. |
7539 | 8. A statement of estimated regulatory costs in accordance |
7540 | with the requirements of s. 120.541. |
7541 | Section 41. Paragraph (i) of subsection (6) of section |
7542 | 193.501, Florida Statutes, is amended to read: |
7543 | 193.501 Assessment of lands subject to a conservation |
7544 | easement, environmentally endangered lands, or lands used for |
7545 | outdoor recreational or park purposes when land development |
7546 | rights have been conveyed or conservation restrictions have been |
7547 | covenanted.- |
7548 | (6) The following terms whenever used as referred to in |
7549 | this section have the following meanings unless a different |
7550 | meaning is clearly indicated by the context: |
7551 | (i) "Qualified as environmentally endangered" means land |
7552 | that has unique ecological characteristics, rare or limited |
7553 | combinations of geological formations, or features of a rare or |
7554 | limited nature constituting habitat suitable for fish, plants, |
7555 | or wildlife, and which, if subject to a development moratorium |
7556 | or one or more conservation easements or development |
7557 | restrictions appropriate to retaining such land or water areas |
7558 | predominantly in their natural state, would be consistent with |
7559 | the conservation, recreation and open space, and, if applicable, |
7560 | coastal protection elements of the comprehensive plan adopted by |
7561 | formal action of the local governing body pursuant to s. |
7562 | 163.3161, the Community Local Government Comprehensive Planning |
7563 | and Land Development Regulation Act; or surface waters and |
7564 | wetlands, as determined by the methodology ratified in s. |
7565 | 373.4211. |
7566 | Section 42. Subsection (15) of section 287.042, Florida |
7567 | Statutes, is amended to read: |
7568 | 287.042 Powers, duties, and functions.-The department |
7569 | shall have the following powers, duties, and functions: |
7570 | (15) To enter into joint agreements with governmental |
7571 | agencies, as defined in s. 163.3164(10), for the purpose of |
7572 | pooling funds for the purchase of commodities or information |
7573 | technology that can be used by multiple agencies. |
7574 | (a) Each agency that has been appropriated or has existing |
7575 | funds for such purchase, shall, upon contract award by the |
7576 | department, transfer their portion of the funds into the |
7577 | department's Operating Trust Fund for payment by the department. |
7578 | The funds shall be transferred by the Executive Office of the |
7579 | Governor pursuant to the agency budget amendment request |
7580 | provisions in chapter 216. |
7581 | (b) Agencies that sign the joint agreements are |
7582 | financially obligated for their portion of the agreed-upon |
7583 | funds. If an agency becomes more than 90 days delinquent in |
7584 | paying the funds, the department shall certify to the Chief |
7585 | Financial Officer the amount due, and the Chief Financial |
7586 | Officer shall transfer the amount due to the Operating Trust |
7587 | Fund of the department from any of the agency's available funds. |
7588 | The Chief Financial Officer shall report these transfers and the |
7589 | reasons for the transfers to the Executive Office of the |
7590 | Governor and the legislative appropriations committees. |
7591 | Section 43. Subsection (4) of section 288.063, Florida |
7592 | Statutes, is amended to read: |
7593 | 288.063 Contracts for transportation projects.- |
7594 | (4) The Office of Tourism, Trade, and Economic Development |
7595 | may adopt criteria by which transportation projects are to be |
7596 | reviewed and certified in accordance with s. 288.061. In |
7597 | approving transportation projects for funding, the Office of |
7598 | Tourism, Trade, and Economic Development shall consider factors |
7599 | including, but not limited to, the cost per job created or |
7600 | retained considering the amount of transportation funds |
7601 | requested; the average hourly rate of wages for jobs created; |
7602 | the reliance on the program as an inducement for the project's |
7603 | location decision; the amount of capital investment to be made |
7604 | by the business; the demonstrated local commitment; the location |
7605 | of the project in an enterprise zone designated pursuant to s. |
7606 | 290.0055; the location of the project in a spaceport territory |
7607 | as defined in s. 331.304; the unemployment rate of the |
7608 | surrounding area; and the poverty rate of the community; and the |
7609 | adoption of an economic element as part of its local |
7610 | comprehensive plan in accordance with s. 163.3177(7)(j). The |
7611 | Office of Tourism, Trade, and Economic Development may contact |
7612 | any agency it deems appropriate for additional input regarding |
7613 | the approval of projects. |
7614 | Section 44. Paragraph (a) of subsection (2), subsection |
7615 | (10), and paragraph (d) of subsection (12) of section 288.975, |
7616 | Florida Statutes, are amended to read: |
7617 | 288.975 Military base reuse plans.- |
7618 | (2) As used in this section, the term: |
7619 | (a) "Affected local government" means a local government |
7620 | adjoining the host local government and any other unit of local |
7621 | government that is not a host local government but that is |
7622 | identified in a proposed military base reuse plan as providing, |
7623 | operating, or maintaining one or more public facilities as |
7624 | defined in s. 163.3164(24) on lands within or serving a military |
7625 | base designated for closure by the Federal Government. |
7626 | (10) Within 60 days after receipt of a proposed military |
7627 | base reuse plan, these entities shall review and provide |
7628 | comments to the host local government. The commencement of this |
7629 | review period shall be advertised in newspapers of general |
7630 | circulation within the host local government and any affected |
7631 | local government to allow for public comment. No later than 180 |
7632 | days after receipt and consideration of all comments, and the |
7633 | holding of at least two public hearings, the host local |
7634 | government shall adopt the military base reuse plan. The host |
7635 | local government shall comply with the notice requirements set |
7636 | forth in s. 163.3184(11)(15) to ensure full public participation |
7637 | in this planning process. |
7638 | (12) Following receipt of a petition, the petitioning |
7639 | party or parties and the host local government shall seek |
7640 | resolution of the issues in dispute. The issues in dispute shall |
7641 | be resolved as follows: |
7642 | (d) Within 45 days after receiving the report from the |
7643 | state land planning agency, the Administration Commission shall |
7644 | take action to resolve the issues in dispute. In deciding upon a |
7645 | proper resolution, the Administration Commission shall consider |
7646 | the nature of the issues in dispute, any requests for a formal |
7647 | administrative hearing pursuant to chapter 120, the compliance |
7648 | of the parties with this section, the extent of the conflict |
7649 | between the parties, the comparative hardships and the public |
7650 | interest involved. If the Administration Commission incorporates |
7651 | in its final order a term or condition that requires any local |
7652 | government to amend its local government comprehensive plan, the |
7653 | local government shall amend its plan within 60 days after the |
7654 | issuance of the order. Such amendment or amendments shall be |
7655 | exempt from the limitation of the frequency of plan amendments |
7656 | contained in s. 163.3187(1), and A public hearing on such |
7657 | amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is |
7658 | shall not be required. The final order of the Administration |
7659 | Commission is subject to appeal pursuant to s. 120.68. If the |
7660 | order of the Administration Commission is appealed, the time for |
7661 | the local government to amend its plan shall be tolled during |
7662 | the pendency of any local, state, or federal administrative or |
7663 | judicial proceeding relating to the military base reuse plan. |
7664 | Section 45. Subsection (4) of section 290.0475, Florida |
7665 | Statutes, is amended to read: |
7666 | 290.0475 Rejection of grant applications; penalties for |
7667 | failure to meet application conditions.-Applications received |
7668 | for funding under all program categories shall be rejected |
7669 | without scoring only in the event that any of the following |
7670 | circumstances arise: |
7671 | (4) The application is not consistent with the local |
7672 | government's comprehensive plan adopted pursuant to s. |
7673 | 163.3184(7). |
7674 | Section 46. Paragraph (c) of subsection (3) of section |
7675 | 311.07, Florida Statutes, is amended to read: |
7676 | 311.07 Florida seaport transportation and economic |
7677 | development funding.- |
7678 | (3) |
7679 | (c) To be eligible for consideration by the council |
7680 | pursuant to this section, a project must be consistent with the |
7681 | port comprehensive master plan which is incorporated as part of |
7682 | the approved local government comprehensive plan as required by |
7683 | s. 163.3178(2)(k) or other provisions of the Community Local |
7684 | Government Comprehensive Planning and Land Development |
7685 | Regulation Act, part II of chapter 163. |
7686 | Section 47. Subsection (1) of section 331.319, Florida |
7687 | Statutes, is amended to read: |
7688 | 331.319 Comprehensive planning; building and safety |
7689 | codes.-The board of directors may: |
7690 | (1) Adopt, and from time to time review, amend, |
7691 | supplement, or repeal, a comprehensive general plan for the |
7692 | physical development of the area within the spaceport territory |
7693 | in accordance with the objectives and purposes of this act and |
7694 | consistent with the comprehensive plans of the applicable county |
7695 | or counties and municipality or municipalities adopted pursuant |
7696 | to the Community Local Government Comprehensive Planning and |
7697 | Land Development Regulation Act, part II of chapter 163. |
7698 | Section 48. Paragraph (e) of subsection (5) of section |
7699 | 339.155, Florida Statutes, is amended to read: |
7700 | 339.155 Transportation planning.- |
7701 | (5) ADDITIONAL TRANSPORTATION PLANS.- |
7702 | (e) The regional transportation plan developed pursuant to |
7703 | this section must, at a minimum, identify regionally significant |
7704 | transportation facilities located within a regional |
7705 | transportation area and contain a prioritized list of regionally |
7706 | significant projects. The level-of-service standards for |
7707 | facilities to be funded under this subsection shall be adopted |
7708 | by the appropriate local government in accordance with s. |
7709 | 163.3180(10). The projects shall be adopted into the capital |
7710 | improvements schedule of the local government comprehensive plan |
7711 | pursuant to s. 163.3177(3). |
7712 | Section 49. Paragraph (a) of subsection (4) of section |
7713 | 339.2819, Florida Statutes, is amended to read: |
7714 | 339.2819 Transportation Regional Incentive Program.- |
7715 | (4)(a) Projects to be funded with Transportation Regional |
7716 | Incentive Program funds shall, at a minimum: |
7717 | 1. Support those transportation facilities that serve |
7718 | national, statewide, or regional functions and function as an |
7719 | integrated regional transportation system. |
7720 | 2. Be identified in the capital improvements element of a |
7721 | comprehensive plan that has been determined to be in compliance |
7722 | with part II of chapter 163, after July 1, 2005, or to implement |
7723 | a long-term concurrency management system adopted by a local |
7724 | government in accordance with s. 163.3180(9). Further, the |
7725 | project shall be in compliance with local government |
7726 | comprehensive plan policies relative to corridor management. |
7727 | 3. Be consistent with the Strategic Intermodal System Plan |
7728 | developed under s. 339.64. |
7729 | 4. Have a commitment for local, regional, or private |
7730 | financial matching funds as a percentage of the overall project |
7731 | cost. |
7732 | Section 50. Subsection (5) of section 369.303, Florida |
7733 | Statutes, is amended to read: |
7734 | 369.303 Definitions.-As used in this part: |
7735 | (5) "Land development regulation" means a regulation |
7736 | covered by the definition in s. 163.3164(23) and any of the |
7737 | types of regulations described in s. 163.3202. |
7738 | Section 51. Subsections (5) and (7) of section 369.321, |
7739 | Florida Statutes, are amended to read: |
7740 | 369.321 Comprehensive plan amendments.-Except as otherwise |
7741 | expressly provided, by January 1, 2006, each local government |
7742 | within the Wekiva Study Area shall amend its local government |
7743 | comprehensive plan to include the following: |
7744 | (5) Comprehensive plans and comprehensive plan amendments |
7745 | adopted by the local governments to implement this section shall |
7746 | be reviewed by the Department of Community Affairs pursuant to |
7747 | s. 163.3184, and shall be exempt from the provisions of s. |
7748 | 163.3187(1). |
7749 | (7) During the period prior to the adoption of the |
7750 | comprehensive plan amendments required by this act, any local |
7751 | comprehensive plan amendment adopted by a city or county that |
7752 | applies to land located within the Wekiva Study Area shall |
7753 | protect surface and groundwater resources and be reviewed by the |
7754 | Department of Community Affairs, pursuant to chapter 163 and |
7755 | chapter 9J-5, Florida Administrative Code, using best available |
7756 | data, including the information presented to the Wekiva River |
7757 | Basin Coordinating Committee. |
7758 | Section 52. Subsection (1) of section 378.021, Florida |
7759 | Statutes, is amended to read: |
7760 | 378.021 Master reclamation plan.- |
7761 | (1) The Department of Environmental Protection shall amend |
7762 | the master reclamation plan that provides guidelines for the |
7763 | reclamation of lands mined or disturbed by the severance of |
7764 | phosphate rock prior to July 1, 1975, which lands are not |
7765 | subject to mandatory reclamation under part II of chapter 211. |
7766 | In amending the master reclamation plan, the Department of |
7767 | Environmental Protection shall continue to conduct an onsite |
7768 | evaluation of all lands mined or disturbed by the severance of |
7769 | phosphate rock prior to July 1, 1975, which lands are not |
7770 | subject to mandatory reclamation under part II of chapter 211. |
7771 | The master reclamation plan when amended by the Department of |
7772 | Environmental Protection shall be consistent with local |
7773 | government plans prepared pursuant to the Community Local |
7774 | Government Comprehensive Planning and Land Development |
7775 | Regulation Act. |
7776 | Section 53. Subsection (10) of section 380.031, Florida |
7777 | Statutes, is amended to read: |
7778 | 380.031 Definitions.-As used in this chapter: |
7779 | (10) "Local comprehensive plan" means any or all local |
7780 | comprehensive plans or elements or portions thereof prepared, |
7781 | adopted, or amended pursuant to the Community Local Government |
7782 | Comprehensive Planning and Land Development Regulation Act, as |
7783 | amended. |
7784 | Section 54. Paragraph (d) of subsection (2), paragraph (b) |
7785 | of subsection (6), paragraph (g) of subsection (15), paragraphs |
7786 | (b), (c), (e), and (f) of subsection (19), subsection (24), |
7787 | paragraph (e) of subsection (28), and paragraphs (a), (d), and |
7788 | (e) of subsection (29) of section 380.06, Florida Statutes, are |
7789 | amended to read: |
7790 | (2) STATEWIDE GUIDELINES AND STANDARDS.- |
7791 | (d) The guidelines and standards shall be applied as |
7792 | follows: |
7793 | 1. Fixed thresholds.- |
7794 | a. A development that is below 100 percent of all |
7795 | numerical thresholds in the guidelines and standards shall not |
7796 | be required to undergo development-of-regional-impact review. |
7797 | b. A development that is at or above 120 percent of any |
7798 | numerical threshold shall be required to undergo development-of- |
7799 | regional-impact review. |
7800 | c. Projects certified under s. 403.973 which create at |
7801 | least 100 jobs and meet the criteria of the Office of Tourism, |
7802 | Trade, and Economic Development as to their impact on an area's |
7803 | economy, employment, and prevailing wage and skill levels that |
7804 | are at or below 100 percent of the numerical thresholds for |
7805 | industrial plants, industrial parks, distribution, warehousing |
7806 | or wholesaling facilities, office development or multiuse |
7807 | projects other than residential, as described in s. |
7808 | 380.0651(3)(c), (d), and (f)(h), are not required to undergo |
7809 | development-of-regional-impact review. |
7810 | 2. Rebuttable presumption.-It shall be presumed that a |
7811 | development that is at 100 percent or between 100 and 120 |
7812 | percent of a numerical threshold shall be required to undergo |
7813 | development-of-regional-impact review. |
7814 | (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT |
7815 | PLAN AMENDMENTS.- |
7816 | (b) Any local government comprehensive plan amendments |
7817 | related to a proposed development of regional impact, including |
7818 | any changes proposed under subsection (19), may be initiated by |
7819 | a local planning agency or the developer and must be considered |
7820 | by the local governing body at the same time as the application |
7821 | for development approval using the procedures provided for local |
7822 | plan amendment in s. 163.3187 or s. 163.3189 and applicable |
7823 | local ordinances, without regard to statutory or local ordinance |
7824 | limits on the frequency of consideration of amendments to the |
7825 | local comprehensive plan. Nothing in This paragraph does not |
7826 | shall be deemed to require favorable consideration of a plan |
7827 | amendment solely because it is related to a development of |
7828 | regional impact. The procedure for processing such comprehensive |
7829 | plan amendments is as follows: |
7830 | 1. If a developer seeks a comprehensive plan amendment |
7831 | related to a development of regional impact, the developer must |
7832 | so notify in writing the regional planning agency, the |
7833 | applicable local government, and the state land planning agency |
7834 | no later than the date of preapplication conference or the |
7835 | submission of the proposed change under subsection (19). |
7836 | 2. When filing the application for development approval or |
7837 | the proposed change, the developer must include a written |
7838 | request for comprehensive plan amendments that would be |
7839 | necessitated by the development-of-regional-impact approvals |
7840 | sought. That request must include data and analysis upon which |
7841 | the applicable local government can determine whether to |
7842 | transmit the comprehensive plan amendment pursuant to s. |
7843 | 163.3184. |
7844 | 3. The local government must advertise a public hearing on |
7845 | the transmittal within 30 days after filing the application for |
7846 | development approval or the proposed change and must make a |
7847 | determination on the transmittal within 60 days after the |
7848 | initial filing unless that time is extended by the developer. |
7849 | 4. If the local government approves the transmittal, |
7850 | procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be |
7851 | followed. |
7852 | 5. Notwithstanding subsection (11) or subsection (19), the |
7853 | local government may not hold a public hearing on the |
7854 | application for development approval or the proposed change or |
7855 | on the comprehensive plan amendments sooner than 30 days from |
7856 | receipt of the response from the state land planning agency |
7857 | pursuant to s. 163.3184(4)(d)(6). The 60-day time period for |
7858 | local governments to adopt, adopt with changes, or not adopt |
7859 | plan amendments pursuant to s. 163.3184(7) shall not apply to |
7860 | concurrent plan amendments provided for in this subsection. |
7861 | 6. The local government must hear both the application for |
7862 | development approval or the proposed change and the |
7863 | comprehensive plan amendments at the same hearing. However, the |
7864 | local government must take action separately on the application |
7865 | for development approval or the proposed change and on the |
7866 | comprehensive plan amendments. |
7867 | 7. Thereafter, the appeal process for the local government |
7868 | development order must follow the provisions of s. 380.07, and |
7869 | the compliance process for the comprehensive plan amendments |
7870 | must follow the provisions of s. 163.3184. |
7871 | (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.- |
7872 | (g) A local government shall not issue permits for |
7873 | development subsequent to the buildout date contained in the |
7874 | development order unless: |
7875 | 1. The proposed development has been evaluated |
7876 | cumulatively with existing development under the substantial |
7877 | deviation provisions of subsection (19) subsequent to the |
7878 | termination or expiration date; |
7879 | 2. The proposed development is consistent with an |
7880 | abandonment of development order that has been issued in |
7881 | accordance with the provisions of subsection (26); |
7882 | 3. The development of regional impact is essentially built |
7883 | out, in that all the mitigation requirements in the development |
7884 | order have been satisfied, all developers are in compliance with |
7885 | all applicable terms and conditions of the development order |
7886 | except the buildout date, and the amount of proposed development |
7887 | that remains to be built is less than 40 20 percent of any |
7888 | applicable development-of-regional-impact threshold; or |
7889 | 4. The project has been determined to be an essentially |
7890 | built-out development of regional impact through an agreement |
7891 | executed by the developer, the state land planning agency, and |
7892 | the local government, in accordance with s. 380.032, which will |
7893 | establish the terms and conditions under which the development |
7894 | may be continued. If the project is determined to be essentially |
7895 | built out, development may proceed pursuant to the s. 380.032 |
7896 | agreement after the termination or expiration date contained in |
7897 | the development order without further development-of-regional- |
7898 | impact review subject to the local government comprehensive plan |
7899 | and land development regulations or subject to a modified |
7900 | development-of-regional-impact analysis. As used in this |
7901 | paragraph, an "essentially built-out" development of regional |
7902 | impact means: |
7903 | a. The developers are in compliance with all applicable |
7904 | terms and conditions of the development order except the |
7905 | buildout date; and |
7906 | b.(I) The amount of development that remains to be built |
7907 | is less than the substantial deviation threshold specified in |
7908 | paragraph (19)(b) for each individual land use category, or, for |
7909 | a multiuse development, the sum total of all unbuilt land uses |
7910 | as a percentage of the applicable substantial deviation |
7911 | threshold is equal to or less than 100 percent; or |
7912 | (II) The state land planning agency and the local |
7913 | government have agreed in writing that the amount of development |
7914 | to be built does not create the likelihood of any additional |
7915 | regional impact not previously reviewed. |
7916 |
|
7917 | The single-family residential portions of a development may be |
7918 | considered "essentially built out" if all of the workforce |
7919 | housing obligations and all of the infrastructure and horizontal |
7920 | development have been completed, at least 50 percent of the |
7921 | dwelling units have been completed, and more than 80 percent of |
7922 | the lots have been conveyed to third-party individual lot owners |
7923 | or to individual builders who own no more than 40 lots at the |
7924 | time of the determination. The mobile home park portions of a |
7925 | development may be considered "essentially built out" if all the |
7926 | infrastructure and horizontal development has been completed, |
7927 | and at least 50 percent of the lots are leased to individual |
7928 | mobile home owners. |
7929 | (19) SUBSTANTIAL DEVIATIONS.- |
7930 | (b) Any proposed change to a previously approved |
7931 | development of regional impact or development order condition |
7932 | which, either individually or cumulatively with other changes, |
7933 | exceeds any of the following criteria shall constitute a |
7934 | substantial deviation and shall cause the development to be |
7935 | subject to further development-of-regional-impact review without |
7936 | the necessity for a finding of same by the local government: |
7937 | 1. An increase in the number of parking spaces at an |
7938 | attraction or recreational facility by 15 10 percent or 500 330 |
7939 | spaces, whichever is greater, or an increase in the number of |
7940 | spectators that may be accommodated at such a facility by 15 10 |
7941 | percent or 1,500 1,100 spectators, whichever is greater. |
7942 | 2. A new runway, a new terminal facility, a 25-percent |
7943 | lengthening of an existing runway, or a 25-percent increase in |
7944 | the number of gates of an existing terminal, but only if the |
7945 | increase adds at least three additional gates. |
7946 | 3. An increase in industrial development area by 10 |
7947 | percent or 35 acres, whichever is greater. |
7948 | 4. An increase in the average annual acreage mined by 10 |
7949 | percent or 11 acres, whichever is greater, or an increase in the |
7950 | average daily water consumption by a mining operation by 10 |
7951 | percent or 330,000 gallons, whichever is greater. A net increase |
7952 | in the size of the mine by 10 percent or 825 acres, whichever is |
7953 | less. For purposes of calculating any net increases in size, |
7954 | only additions and deletions of lands that have not been mined |
7955 | shall be considered. An increase in the size of a heavy mineral |
7956 | mine as defined in s. 378.403(7) will only constitute a |
7957 | substantial deviation if the average annual acreage mined is |
7958 | more than 550 acres and consumes more than 3.3 million gallons |
7959 | of water per day. |
7960 | 3.5. An increase in land area for office development by 15 |
7961 | 10 percent or an increase of gross floor area of office |
7962 | development by 15 10 percent or 100,000 66,000 gross square |
7963 | feet, whichever is greater. |
7964 | 4.6. An increase in the number of dwelling units by 10 |
7965 | percent or 55 dwelling units, whichever is greater. |
7966 | 5.7. An increase in the number of dwelling units by 50 |
7967 | percent or 200 units, whichever is greater, provided that 15 |
7968 | percent of the proposed additional dwelling units are dedicated |
7969 | to affordable workforce housing, subject to a recorded land use |
7970 | restriction that shall be for a period of not less than 20 years |
7971 | and that includes resale provisions to ensure long-term |
7972 | affordability for income-eligible homeowners and renters and |
7973 | provisions for the workforce housing to be commenced prior to |
7974 | the completion of 50 percent of the market rate dwelling. For |
7975 | purposes of this subparagraph, the term "affordable workforce |
7976 | housing" means housing that is affordable to a person who earns |
7977 | less than 120 percent of the area median income, or less than |
7978 | 140 percent of the area median income if located in a county in |
7979 | which the median purchase price for a single-family existing |
7980 | home exceeds the statewide median purchase price of a single- |
7981 | family existing home. For purposes of this subparagraph, the |
7982 | term "statewide median purchase price of a single-family |
7983 | existing home" means the statewide purchase price as determined |
7984 | in the Florida Sales Report, Single-Family Existing Homes, |
7985 | released each January by the Florida Association of Realtors and |
7986 | the University of Florida Real Estate Research Center. |
7987 | 6.8. An increase in commercial development by 60,000 |
7988 | 55,000 square feet of gross floor area or of parking spaces |
7989 | provided for customers for 425 330 cars or a 10-percent increase |
7990 | of either of these, whichever is greater. |
7991 | 9. An increase in hotel or motel rooms by 10 percent or 83 |
7992 | rooms, whichever is greater. |
7993 | 7.10. An increase in a recreational vehicle park area by |
7994 | 10 percent or 110 vehicle spaces, whichever is less. |
7995 | 8.11. A decrease in the area set aside for open space of 5 |
7996 | percent or 20 acres, whichever is less. |
7997 | 9.12. A proposed increase to an approved multiuse |
7998 | development of regional impact where the sum of the increases of |
7999 | each land use as a percentage of the applicable substantial |
8000 | deviation criteria is equal to or exceeds 110 percent. The |
8001 | percentage of any decrease in the amount of open space shall be |
8002 | treated as an increase for purposes of determining when 110 |
8003 | percent has been reached or exceeded. |
8004 | 10.13. A 15-percent increase in the number of external |
8005 | vehicle trips generated by the development above that which was |
8006 | projected during the original development-of-regional-impact |
8007 | review. |
8008 | 11.14. Any change which would result in development of any |
8009 | area which was specifically set aside in the application for |
8010 | development approval or in the development order for |
8011 | preservation or special protection of endangered or threatened |
8012 | plants or animals designated as endangered, threatened, or |
8013 | species of special concern and their habitat, any species |
8014 | protected by 16 U.S.C. ss. 668a-668d, primary dunes, or |
8015 | archaeological and historical sites designated as significant by |
8016 | the Division of Historical Resources of the Department of State. |
8017 | The refinement of the boundaries and configuration of such areas |
8018 | shall be considered under sub-subparagraph (e)2.j. |
8019 |
|
8020 | The substantial deviation numerical standards in subparagraphs |
8021 | 3., 6., and 5., 8., 9., and 12., excluding residential uses, and |
8022 | in subparagraph 10. 13., are increased by 100 percent for a |
8023 | project certified under s. 403.973 which creates jobs and meets |
8024 | criteria established by the Office of Tourism, Trade, and |
8025 | Economic Development as to its impact on an area's economy, |
8026 | employment, and prevailing wage and skill levels. The |
8027 | substantial deviation numerical standards in subparagraphs 3., |
8028 | 4. 5., 6., 7., 8., 9., 12., and 10. 13. are increased by 50 |
8029 | percent for a project located wholly within an urban infill and |
8030 | redevelopment area designated on the applicable adopted local |
8031 | comprehensive plan future land use map and not located within |
8032 | the coastal high hazard area. |
8033 | (c) An extension of the date of buildout of a development, |
8034 | or any phase thereof, by more than 7 years is presumed to create |
8035 | a substantial deviation subject to further development-of- |
8036 | regional-impact review. |
8037 | 1. An extension of the date of buildout, or any phase |
8038 | thereof, of more than 5 years but not more than 7 years is |
8039 | presumed not to create a substantial deviation. The extension of |
8040 | the date of buildout of an areawide development of regional |
8041 | impact by more than 5 years but less than 10 years is presumed |
8042 | not to create a substantial deviation. These presumptions may be |
8043 | rebutted by clear and convincing evidence at the public hearing |
8044 | held by the local government. An extension of 5 years or less is |
8045 | not a substantial deviation. |
8046 | 2. In recognition of the 2011 real estate market |
8047 | conditions, at the option of the developer, all commencement, |
8048 | phase, buildout, and expiration dates for projects that are |
8049 | currently valid developments of regional impact are extended for |
8050 | 4 years regardless of any previous extension. Associated |
8051 | mitigation requirements are extended for the same period unless, |
8052 | before December 1, 2011, a governmental entity notifies a |
8053 | developer that has commenced any construction within the phase |
8054 | for which the mitigation is required that the local government |
8055 | has entered into a contract for construction of a facility with |
8056 | funds to be provided from the development's mitigation funds for |
8057 | that phase as specified in the development order or written |
8058 | agreement with the developer. The 4-year extension is not a |
8059 | substantial deviation, is not subject to further development-of- |
8060 | regional-impact review, and may not be considered when |
8061 | determining whether a subsequent extension is a substantial |
8062 | deviation under this subsection. The developer must notify the |
8063 | local government in writing by December 31, 2011, in order to |
8064 | receive the 4-year extension. |
8065 |
|
8066 | For the purpose of calculating when a buildout or phase date has |
8067 | been exceeded, the time shall be tolled during the pendency of |
8068 | administrative or judicial proceedings relating to development |
8069 | permits. Any extension of the buildout date of a project or a |
8070 | phase thereof shall automatically extend the commencement date |
8071 | of the project, the termination date of the development order, |
8072 | the expiration date of the development of regional impact, and |
8073 | the phases thereof if applicable by a like period of time. In |
8074 | recognition of the 2007 real estate market conditions, all |
8075 | phase, buildout, and expiration dates for projects that are |
8076 | developments of regional impact and under active construction on |
8077 | July 1, 2007, are extended for 3 years regardless of any prior |
8078 | extension. The 3-year extension is not a substantial deviation, |
8079 | is not subject to further development-of-regional-impact review, |
8080 | and may not be considered when determining whether a subsequent |
8081 | extension is a substantial deviation under this subsection. |
8082 | (e)1. Except for a development order rendered pursuant to |
8083 | subsection (22) or subsection (25), a proposed change to a |
8084 | development order that individually or cumulatively with any |
8085 | previous change is less than any numerical criterion contained |
8086 | in subparagraphs (b)1.-10.1.-13. and does not exceed any other |
8087 | criterion, or that involves an extension of the buildout date of |
8088 | a development, or any phase thereof, of less than 5 years is not |
8089 | subject to the public hearing requirements of subparagraph |
8090 | (f)3., and is not subject to a determination pursuant to |
8091 | subparagraph (f)5. Notice of the proposed change shall be made |
8092 | to the regional planning council and the state land planning |
8093 | agency. Such notice shall include a description of previous |
8094 | individual changes made to the development, including changes |
8095 | previously approved by the local government, and shall include |
8096 | appropriate amendments to the development order. |
8097 | 2. The following changes, individually or cumulatively |
8098 | with any previous changes, are not substantial deviations: |
8099 | a. Changes in the name of the project, developer, owner, |
8100 | or monitoring official. |
8101 | b. Changes to a setback that do not affect noise buffers, |
8102 | environmental protection or mitigation areas, or archaeological |
8103 | or historical resources. |
8104 | c. Changes to minimum lot sizes. |
8105 | d. Changes in the configuration of internal roads that do |
8106 | not affect external access points. |
8107 | e. Changes to the building design or orientation that stay |
8108 | approximately within the approved area designated for such |
8109 | building and parking lot, and which do not affect historical |
8110 | buildings designated as significant by the Division of |
8111 | Historical Resources of the Department of State. |
8112 | f. Changes to increase the acreage in the development, |
8113 | provided that no development is proposed on the acreage to be |
8114 | added. |
8115 | g. Changes to eliminate an approved land use, provided |
8116 | that there are no additional regional impacts. |
8117 | h. Changes required to conform to permits approved by any |
8118 | federal, state, or regional permitting agency, provided that |
8119 | these changes do not create additional regional impacts. |
8120 | i. Any renovation or redevelopment of development within a |
8121 | previously approved development of regional impact which does |
8122 | not change land use or increase density or intensity of use. |
8123 | j. Changes that modify boundaries and configuration of |
8124 | areas described in subparagraph (b)11.14. due to science-based |
8125 | refinement of such areas by survey, by habitat evaluation, by |
8126 | other recognized assessment methodology, or by an environmental |
8127 | assessment. In order for changes to qualify under this sub- |
8128 | subparagraph, the survey, habitat evaluation, or assessment must |
8129 | occur prior to the time a conservation easement protecting such |
8130 | lands is recorded and must not result in any net decrease in the |
8131 | total acreage of the lands specifically set aside for permanent |
8132 | preservation in the final development order. |
8133 | k. Any other change which the state land planning agency, |
8134 | in consultation with the regional planning council, agrees in |
8135 | writing is similar in nature, impact, or character to the |
8136 | changes enumerated in sub-subparagraphs a.-j. and which does not |
8137 | create the likelihood of any additional regional impact. |
8138 |
|
8139 | This subsection does not require the filing of a notice of |
8140 | proposed change but shall require an application to the local |
8141 | government to amend the development order in accordance with the |
8142 | local government's procedures for amendment of a development |
8143 | order. In accordance with the local government's procedures, |
8144 | including requirements for notice to the applicant and the |
8145 | public, the local government shall either deny the application |
8146 | for amendment or adopt an amendment to the development order |
8147 | which approves the application with or without conditions. |
8148 | Following adoption, the local government shall render to the |
8149 | state land planning agency the amendment to the development |
8150 | order. The state land planning agency may appeal, pursuant to s. |
8151 | 380.07(3), the amendment to the development order if the |
8152 | amendment involves sub-subparagraph g., sub-subparagraph h., |
8153 | sub-subparagraph j., or sub-subparagraph k., and it believes the |
8154 | change creates a reasonable likelihood of new or additional |
8155 | regional impacts. |
8156 | 3. Except for the change authorized by sub-subparagraph |
8157 | 2.f., any addition of land not previously reviewed or any change |
8158 | not specified in paragraph (b) or paragraph (c) shall be |
8159 | presumed to create a substantial deviation. This presumption may |
8160 | be rebutted by clear and convincing evidence. |
8161 | 4. Any submittal of a proposed change to a previously |
8162 | approved development shall include a description of individual |
8163 | changes previously made to the development, including changes |
8164 | previously approved by the local government. The local |
8165 | government shall consider the previous and current proposed |
8166 | changes in deciding whether such changes cumulatively constitute |
8167 | a substantial deviation requiring further development-of- |
8168 | regional-impact review. |
8169 | 5. The following changes to an approved development of |
8170 | regional impact shall be presumed to create a substantial |
8171 | deviation. Such presumption may be rebutted by clear and |
8172 | convincing evidence. |
8173 | a. A change proposed for 15 percent or more of the acreage |
8174 | to a land use not previously approved in the development order. |
8175 | Changes of less than 15 percent shall be presumed not to create |
8176 | a substantial deviation. |
8177 | b. Notwithstanding any provision of paragraph (b) to the |
8178 | contrary, a proposed change consisting of simultaneous increases |
8179 | and decreases of at least two of the uses within an authorized |
8180 | multiuse development of regional impact which was originally |
8181 | approved with three or more uses specified in s. 380.0651(3)(c), |
8182 | (d), and (e), and (f) and residential use. |
8183 | 6. If a local government agrees to a proposed change, a |
8184 | change in the transportation proportionate share calculation and |
8185 | mitigation plan in an adopted development order as a result of |
8186 | recalculation of the proportionate share contribution meeting |
8187 | the requirements of s. 163.3180(5)(h) in effect as of the date |
8188 | of such change shall be presumed not to create a substantial |
8189 | deviation. For purposes of this subsection, the proposed change |
8190 | in the proportionate share calculation or mitigation plan shall |
8191 | not be considered an additional regional transportation impact. |
8192 | (f)1. The state land planning agency shall establish by |
8193 | rule standard forms for submittal of proposed changes to a |
8194 | previously approved development of regional impact which may |
8195 | require further development-of-regional-impact review. At a |
8196 | minimum, the standard form shall require the developer to |
8197 | provide the precise language that the developer proposes to |
8198 | delete or add as an amendment to the development order. |
8199 | 2. The developer shall submit, simultaneously, to the |
8200 | local government, the regional planning agency, and the state |
8201 | land planning agency the request for approval of a proposed |
8202 | change. |
8203 | 3. No sooner than 30 days but no later than 45 days after |
8204 | submittal by the developer to the local government, the state |
8205 | land planning agency, and the appropriate regional planning |
8206 | agency, the local government shall give 15 days' notice and |
8207 | schedule a public hearing to consider the change that the |
8208 | developer asserts does not create a substantial deviation. This |
8209 | public hearing shall be held within 60 days after submittal of |
8210 | the proposed changes, unless that time is extended by the |
8211 | developer. |
8212 | 4. The appropriate regional planning agency or the state |
8213 | land planning agency shall review the proposed change and, no |
8214 | later than 45 days after submittal by the developer of the |
8215 | proposed change, unless that time is extended by the developer, |
8216 | and prior to the public hearing at which the proposed change is |
8217 | to be considered, shall advise the local government in writing |
8218 | whether it objects to the proposed change, shall specify the |
8219 | reasons for its objection, if any, and shall provide a copy to |
8220 | the developer. |
8221 | 5. At the public hearing, the local government shall |
8222 | determine whether the proposed change requires further |
8223 | development-of-regional-impact review. The provisions of |
8224 | paragraphs (a) and (e), the thresholds set forth in paragraph |
8225 | (b), and the presumptions set forth in paragraphs (c) and (d) |
8226 | and subparagraph (e)3. shall be applicable in determining |
8227 | whether further development-of-regional-impact review is |
8228 | required. The local government may also deny the proposed change |
8229 | based on matters relating to local issues, such as if the land |
8230 | on which the change is sought is plat restricted in a way that |
8231 | would be incompatible with the proposed change, and the local |
8232 | government does not wish to change the plat restriction as part |
8233 | of the proposed change. |
8234 | 6. If the local government determines that the proposed |
8235 | change does not require further development-of-regional-impact |
8236 | review and is otherwise approved, or if the proposed change is |
8237 | not subject to a hearing and determination pursuant to |
8238 | subparagraphs 3. and 5. and is otherwise approved, the local |
8239 | government shall issue an amendment to the development order |
8240 | incorporating the approved change and conditions of approval |
8241 | relating to the change. The requirement that a change be |
8242 | otherwise approved shall not be construed to require additional |
8243 | local review or approval if the change is allowed by applicable |
8244 | local ordinances without further local review or approval. The |
8245 | decision of the local government to approve, with or without |
8246 | conditions, or to deny the proposed change that the developer |
8247 | asserts does not require further review shall be subject to the |
8248 | appeal provisions of s. 380.07. However, the state land planning |
8249 | agency may not appeal the local government decision if it did |
8250 | not comply with subparagraph 4. The state land planning agency |
8251 | may not appeal a change to a development order made pursuant to |
8252 | subparagraph (e)1. or subparagraph (e)2. for developments of |
8253 | regional impact approved after January 1, 1980, unless the |
8254 | change would result in a significant impact to a regionally |
8255 | significant archaeological, historical, or natural resource not |
8256 | previously identified in the original development-of-regional- |
8257 | impact review. |
8258 | (24) STATUTORY EXEMPTIONS.- |
8259 | (a) Any proposed hospital is exempt from the provisions of |
8260 | this section. |
8261 | (b) Any proposed electrical transmission line or |
8262 | electrical power plant is exempt from the provisions of this |
8263 | section. |
8264 | (c) Any proposed addition to an existing sports facility |
8265 | complex is exempt from the provisions of this section if the |
8266 | addition meets the following characteristics: |
8267 | 1. It would not operate concurrently with the scheduled |
8268 | hours of operation of the existing facility. |
8269 | 2. Its seating capacity would be no more than 75 percent |
8270 | of the capacity of the existing facility. |
8271 | 3. The sports facility complex property is owned by a |
8272 | public body prior to July 1, 1983. |
8273 |
|
8274 | This exemption does not apply to any pari-mutuel facility. |
8275 | (d) Any proposed addition or cumulative additions |
8276 | subsequent to July 1, 1988, to an existing sports facility |
8277 | complex owned by a state university is exempt if the increased |
8278 | seating capacity of the complex is no more than 30 percent of |
8279 | the capacity of the existing facility. |
8280 | (e) Any addition of permanent seats or parking spaces for |
8281 | an existing sports facility located on property owned by a |
8282 | public body prior to July 1, 1973, is exempt from the provisions |
8283 | of this section if future additions do not expand existing |
8284 | permanent seating or parking capacity more than 15 percent |
8285 | annually in excess of the prior year's capacity. |
8286 | (f) Any increase in the seating capacity of an existing |
8287 | sports facility having a permanent seating capacity of at least |
8288 | 50,000 spectators is exempt from the provisions of this section, |
8289 | provided that such an increase does not increase permanent |
8290 | seating capacity by more than 5 percent per year and not to |
8291 | exceed a total of 10 percent in any 5-year period, and provided |
8292 | that the sports facility notifies the appropriate local |
8293 | government within which the facility is located of the increase |
8294 | at least 6 months prior to the initial use of the increased |
8295 | seating, in order to permit the appropriate local government to |
8296 | develop a traffic management plan for the traffic generated by |
8297 | the increase. Any traffic management plan shall be consistent |
8298 | with the local comprehensive plan, the regional policy plan, and |
8299 | the state comprehensive plan. |
8300 | (g) Any expansion in the permanent seating capacity or |
8301 | additional improved parking facilities of an existing sports |
8302 | facility is exempt from the provisions of this section, if the |
8303 | following conditions exist: |
8304 | 1.a. The sports facility had a permanent seating capacity |
8305 | on January 1, 1991, of at least 41,000 spectator seats; |
8306 | b. The sum of such expansions in permanent seating |
8307 | capacity does not exceed a total of 10 percent in any 5-year |
8308 | period and does not exceed a cumulative total of 20 percent for |
8309 | any such expansions; or |
8310 | c. The increase in additional improved parking facilities |
8311 | is a one-time addition and does not exceed 3,500 parking spaces |
8312 | serving the sports facility; and |
8313 | 2. The local government having jurisdiction of the sports |
8314 | facility includes in the development order or development permit |
8315 | approving such expansion under this paragraph a finding of fact |
8316 | that the proposed expansion is consistent with the |
8317 | transportation, water, sewer and stormwater drainage provisions |
8318 | of the approved local comprehensive plan and local land |
8319 | development regulations relating to those provisions. |
8320 |
|
8321 | Any owner or developer who intends to rely on this statutory |
8322 | exemption shall provide to the department a copy of the local |
8323 | government application for a development permit. Within 45 days |
8324 | of receipt of the application, the department shall render to |
8325 | the local government an advisory and nonbinding opinion, in |
8326 | writing, stating whether, in the department's opinion, the |
8327 | prescribed conditions exist for an exemption under this |
8328 | paragraph. The local government shall render the development |
8329 | order approving each such expansion to the department. The |
8330 | owner, developer, or department may appeal the local government |
8331 | development order pursuant to s. 380.07, within 45 days after |
8332 | the order is rendered. The scope of review shall be limited to |
8333 | the determination of whether the conditions prescribed in this |
8334 | paragraph exist. If any sports facility expansion undergoes |
8335 | development-of-regional-impact review, all previous expansions |
8336 | which were exempt under this paragraph shall be included in the |
8337 | development-of-regional-impact review. |
8338 | (h) Expansion to port harbors, spoil disposal sites, |
8339 | navigation channels, turning basins, harbor berths, and other |
8340 | related inwater harbor facilities of ports listed in s. |
8341 | 403.021(9)(b), port transportation facilities and projects |
8342 | listed in s. 311.07(3)(b), and intermodal transportation |
8343 | facilities identified pursuant to s. 311.09(3) are exempt from |
8344 | the provisions of this section when such expansions, projects, |
8345 | or facilities are consistent with comprehensive master plans |
8346 | that are in compliance with the provisions of s. 163.3178. |
8347 | (i) Any proposed facility for the storage of any petroleum |
8348 | product or any expansion of an existing facility is exempt from |
8349 | the provisions of this section. |
8350 | (j) Any renovation or redevelopment within the same land |
8351 | parcel which does not change land use or increase density or |
8352 | intensity of use. |
8353 | (k) Waterport and marina development, including dry |
8354 | storage facilities, are exempt from the provisions of this |
8355 | section. |
8356 | (l) Any proposed development within an urban service |
8357 | boundary established under s. 163.3177(14), which is not |
8358 | otherwise exempt pursuant to subsection (29), is exempt from the |
8359 | provisions of this section if the local government having |
8360 | jurisdiction over the area where the development is proposed has |
8361 | adopted the urban service boundary, has entered into a binding |
8362 | agreement with jurisdictions that would be impacted and with the |
8363 | Department of Transportation regarding the mitigation of impacts |
8364 | on state and regional transportation facilities, and has adopted |
8365 | a proportionate share methodology pursuant to s. 163.3180(16). |
8366 | (m) Any proposed development within a rural land |
8367 | stewardship area created under s. 163.3248 163.3177(11)(d) is |
8368 | exempt from the provisions of this section if the local |
8369 | government that has adopted the rural land stewardship area has |
8370 | entered into a binding agreement with jurisdictions that would |
8371 | be impacted and the Department of Transportation regarding the |
8372 | mitigation of impacts on state and regional transportation |
8373 | facilities, and has adopted a proportionate share methodology |
8374 | pursuant to s. 163.3180(16). |
8375 | (n) The establishment, relocation, or expansion of any |
8376 | military installation as defined in s. 163.3175, is exempt from |
8377 | this section. |
8378 | (o) Any self-storage warehousing that does not allow |
8379 | retail or other services is exempt from this section. |
8380 | (p) Any proposed nursing home or assisted living facility |
8381 | is exempt from this section. |
8382 | (q) Any development identified in an airport master plan |
8383 | and adopted into the comprehensive plan pursuant to s. |
8384 | 163.3177(6)(k) is exempt from this section. |
8385 | (r) Any development identified in a campus master plan and |
8386 | adopted pursuant to s. 1013.30 is exempt from this section. |
8387 | (s) Any development in a detailed specific area plan which |
8388 | is prepared and adopted pursuant to s. 163.3245 and adopted into |
8389 | the comprehensive plan is exempt from this section. |
8390 | (t) Any proposed solid mineral mine and any proposed |
8391 | addition to, expansion of, or change to an existing solid |
8392 | mineral mine is exempt from this section. A mine owner will |
8393 | enter into a binding agreement with the Department of |
8394 | Transportation to mitigate impacts to strategic intermodal |
8395 | system facilities pursuant to the transportation thresholds in |
8396 | 380.06(19) or rule 9J-2.045(6), Florida Administrative Code. |
8397 | Proposed changes to any previously approved solid mineral mine |
8398 | development-of-regional-impact development orders having vested |
8399 | rights is not subject to further review or approval as a |
8400 | development-of-regional-impact or notice-of-proposed-change |
8401 | review or approval pursuant to subsection (19), except for those |
8402 | applications pending as of July 1, 2011, which shall be governed |
8403 | by s. 380.115(2). Notwithstanding the foregoing, however, |
8404 | pursuant to s. 380.115(1), previously approved solid mineral |
8405 | mine development-of-regional-impact development orders shall |
8406 | continue to enjoy vested rights and continue to be effective |
8407 | unless rescinded by the developer. All local government |
8408 | regulations of proposed solid mineral mines shall be applicable |
8409 | to any new solid mineral mine or to any proposed addition to, |
8410 | expansion of, or change to an existing solid mineral mine. |
8411 | (u) Notwithstanding any provisions in an agreement with or |
8412 | among a local government, regional agency, or the state land |
8413 | planning agency or in a local government's comprehensive plan to |
8414 | the contrary, a project no longer subject to development-of- |
8415 | regional-impact review under revised thresholds is not required |
8416 | to undergo such review. |
8417 | (v)(t) Any development within a county with a research and |
8418 | education authority created by special act and that is also |
8419 | within a research and development park that is operated or |
8420 | managed by a research and development authority pursuant to part |
8421 | V of chapter 159 is exempt from this section. |
8422 |
|
8423 | If a use is exempt from review as a development of regional |
8424 | impact under paragraphs (a)-(u) (a)-(s), but will be part of a |
8425 | larger project that is subject to review as a development of |
8426 | regional impact, the impact of the exempt use must be included |
8427 | in the review of the larger project, unless such exempt use |
8428 | involves a development of regional impact that includes a |
8429 | landowner, tenant, or user that has entered into a funding |
8430 | agreement with the Office of Tourism, Trade, and Economic |
8431 | Development under the Innovation Incentive Program and the |
8432 | agreement contemplates a state award of at least $50 million. |
8433 | (28) PARTIAL STATUTORY EXEMPTIONS.- |
8434 | (e) The vesting provision of s. 163.3167(5)(8) relating to |
8435 | an authorized development of regional impact does shall not |
8436 | apply to those projects partially exempt from the development- |
8437 | of-regional-impact review process under paragraphs (a)-(d). |
8438 | (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.- |
8439 | (a) The following are exempt from this section: |
8440 | 1. Any proposed development in a municipality that has an |
8441 | average of at least 1,000 people per square mile of land area |
8442 | and a minimum total population of at least 5,000 qualifies as a |
8443 | dense urban land area as defined in s. 163.3164; |
8444 | 2. Any proposed development within a county, including the |
8445 | municipalities located in the county, that has an average of at |
8446 | least 1,000 people per square mile of land area qualifies as a |
8447 | dense urban land area as defined in s. 163.3164 and that is |
8448 | located within an urban service area as defined in s. 163.3164 |
8449 | which has been adopted into the comprehensive plan; or |
8450 | 3. Any proposed development within a county, including the |
8451 | municipalities located therein, which has a population of at |
8452 | least 900,000, that has an average of at least 1,000 people per |
8453 | square mile of land area which qualifies as a dense urban land |
8454 | area under s. 163.3164, but which does not have an urban service |
8455 | area designated in the comprehensive plan; or |
8456 | 4. Any proposed development within a county, including the |
8457 | municipalities located therein, which has a population of at |
8458 | least 1 million and is located within an urban service area as |
8459 | defined in s. 163.3164 which has been adopted into the |
8460 | comprehensive plan. |
8461 |
|
8462 | The Office of Economic and Demographic Research within the |
8463 | Legislature shall annually calculate the population and density |
8464 | criteria needed to determine which jurisdictions meet the |
8465 | density criteria in subparagraphs 1.-4. by using the most recent |
8466 | land area data from the decennial census conducted by the Bureau |
8467 | of the Census of the United States Department of Commerce and |
8468 | the latest available population estimates determined pursuant to |
8469 | s. 186.901. If any local government has had an annexation, |
8470 | contraction, or new incorporation, the Office of Economic and |
8471 | Demographic Research shall determine the population density |
8472 | using the new jurisdictional boundaries as recorded in |
8473 | accordance with s. 171.091. The Office of Economic and |
8474 | Demographic Research shall annually submit to the state land |
8475 | planning agency by July 1 a list of jurisdictions that meet the |
8476 | total population and density criteria. The state land planning |
8477 | agency shall publish the list of jurisdictions on its Internet |
8478 | website within 7 days after the list is received. The |
8479 | designation of jurisdictions that meet the criteria of |
8480 | subparagraphs 1.-4. is effective upon publication on the state |
8481 | land planning agency's Internet website. If a municipality that |
8482 | has previously met the criteria no longer meets the criteria, |
8483 | the state land planning agency shall maintain the municipality |
8484 | on the list and indicate the year the jurisdiction last met the |
8485 | criteria. However, any proposed development of regional impact |
8486 | not within the established boundaries of a municipality at the |
8487 | time the municipality last met the criteria must meet the |
8488 | requirements of this section until such time as the municipality |
8489 | as a whole meets the criteria. Any county that meets the |
8490 | criteria shall remain on the list in accordance with the |
8491 | provisions of this paragraph. Any jurisdiction that was placed |
8492 | on the dense urban land area list before the effective date of |
8493 | this act shall remain on the list in accordance with the |
8494 | provisions of this paragraph. |
8495 | (d) A development that is located partially outside an |
8496 | area that is exempt from the development-of-regional-impact |
8497 | program must undergo development-of-regional-impact review |
8498 | pursuant to this section. However, if the total acreage that is |
8499 | included within the area exempt from development-of-regional- |
8500 | impact review exceeds 85 percent of the total acreage and square |
8501 | footage of the approved development of regional impact, the |
8502 | development-of-regional-impact development order may be |
8503 | rescinded in both local governments pursuant to s. 380.115(1), |
8504 | unless the portion of the development outside the exempt area |
8505 | meets the threshold criteria of a development-of-regional- |
8506 | impact. |
8507 | (e) In an area that is exempt under paragraphs (a)-(c), |
8508 | any previously approved development-of-regional-impact |
8509 | development orders shall continue to be effective, but the |
8510 | developer has the option to be governed by s. 380.115(1). A |
8511 | pending application for development approval shall be governed |
8512 | by s. 380.115(2). A development that has a pending application |
8513 | for a comprehensive plan amendment and that elects not to |
8514 | continue development-of-regional-impact review is exempt from |
8515 | the limitation on plan amendments set forth in s. 163.3187(1) |
8516 | for the year following the effective date of the exemption. |
8517 | Section 55. Subsection (3) and paragraph (a) of subsection |
8518 | (4) of section 380.0651, Florida Statutes, are amended to read: |
8519 | 380.0651 Statewide guidelines and standards.- |
8520 | (3) The following statewide guidelines and standards shall |
8521 | be applied in the manner described in s. 380.06(2) to determine |
8522 | whether the following developments shall be required to undergo |
8523 | development-of-regional-impact review: |
8524 | (a) Airports.- |
8525 | 1. Any of the following airport construction projects |
8526 | shall be a development of regional impact: |
8527 | a. A new commercial service or general aviation airport |
8528 | with paved runways. |
8529 | b. A new commercial service or general aviation paved |
8530 | runway. |
8531 | c. A new passenger terminal facility. |
8532 | 2. Lengthening of an existing runway by 25 percent or an |
8533 | increase in the number of gates by 25 percent or three gates, |
8534 | whichever is greater, on a commercial service airport or a |
8535 | general aviation airport with regularly scheduled flights is a |
8536 | development of regional impact. However, expansion of existing |
8537 | terminal facilities at a nonhub or small hub commercial service |
8538 | airport shall not be a development of regional impact. |
8539 | 3. Any airport development project which is proposed for |
8540 | safety, repair, or maintenance reasons alone and would not have |
8541 | the potential to increase or change existing types of aircraft |
8542 | activity is not a development of regional impact. |
8543 | Notwithstanding subparagraphs 1. and 2., renovation, |
8544 | modernization, or replacement of airport airside or terminal |
8545 | facilities that may include increases in square footage of such |
8546 | facilities but does not increase the number of gates or change |
8547 | the existing types of aircraft activity is not a development of |
8548 | regional impact. |
8549 | (b) Attractions and recreation facilities.-Any sports, |
8550 | entertainment, amusement, or recreation facility, including, but |
8551 | not limited to, a sports arena, stadium, racetrack, tourist |
8552 | attraction, amusement park, or pari-mutuel facility, the |
8553 | construction or expansion of which: |
8554 | 1. For single performance facilities: |
8555 | a. Provides parking spaces for more than 2,500 cars; or |
8556 | b. Provides more than 10,000 permanent seats for |
8557 | spectators. |
8558 | 2. For serial performance facilities: |
8559 | a. Provides parking spaces for more than 1,000 cars; or |
8560 | b. Provides more than 4,000 permanent seats for |
8561 | spectators. |
8562 |
|
8563 | For purposes of this subsection, "serial performance facilities" |
8564 | means those using their parking areas or permanent seating more |
8565 | than one time per day on a regular or continuous basis. |
8566 | 3. For multiscreen movie theaters of at least 8 screens |
8567 | and 2,500 seats: |
8568 | a. Provides parking spaces for more than 1,500 cars; or |
8569 | b. Provides more than 6,000 permanent seats for |
8570 | spectators. |
8571 | (c) Industrial plants, industrial parks, and distribution, |
8572 | warehousing or wholesaling facilities.-Any proposed industrial, |
8573 | manufacturing, or processing plant, or distribution, |
8574 | warehousing, or wholesaling facility, excluding wholesaling |
8575 | developments which deal primarily with the general public |
8576 | onsite, under common ownership, or any proposed industrial, |
8577 | manufacturing, or processing activity or distribution, |
8578 | warehousing, or wholesaling activity, excluding wholesaling |
8579 | activities which deal primarily with the general public onsite, |
8580 | which: |
8581 | 1. Provides parking for more than 2,500 motor vehicles; or |
8582 | 2. Occupies a site greater than 320 acres. |
8583 | (c)(d) Office development.-Any proposed office building or |
8584 | park operated under common ownership, development plan, or |
8585 | management that: |
8586 | 1. Encompasses 300,000 or more square feet of gross floor |
8587 | area; or |
8588 | 2. Encompasses more than 600,000 square feet of gross |
8589 | floor area in a county with a population greater than 500,000 |
8590 | and only in a geographic area specifically designated as highly |
8591 | suitable for increased threshold intensity in the approved local |
8592 | comprehensive plan. |
8593 | (d)(e) Retail and service development.-Any proposed |
8594 | retail, service, or wholesale business establishment or group of |
8595 | establishments which deals primarily with the general public |
8596 | onsite, operated under one common property ownership, |
8597 | development plan, or management that: |
8598 | 1. Encompasses more than 400,000 square feet of gross |
8599 | area; or |
8600 | 2. Provides parking spaces for more than 2,500 cars. |
8601 | (f) Hotel or motel development.- |
8602 | 1. Any proposed hotel or motel development that is planned |
8603 | to create or accommodate 350 or more units; or |
8604 | 2. Any proposed hotel or motel development that is planned |
8605 | to create or accommodate 750 or more units, in a county with a |
8606 | population greater than 500,000. |
8607 | (e)(g) Recreational vehicle development.-Any proposed |
8608 | recreational vehicle development planned to create or |
8609 | accommodate 500 or more spaces. |
8610 | (f)(h) Multiuse development.-Any proposed development with |
8611 | two or more land uses where the sum of the percentages of the |
8612 | appropriate thresholds identified in chapter 28-24, Florida |
8613 | Administrative Code, or this section for each land use in the |
8614 | development is equal to or greater than 145 percent. Any |
8615 | proposed development with three or more land uses, one of which |
8616 | is residential and contains at least 100 dwelling units or 15 |
8617 | percent of the applicable residential threshold, whichever is |
8618 | greater, where the sum of the percentages of the appropriate |
8619 | thresholds identified in chapter 28-24, Florida Administrative |
8620 | Code, or this section for each land use in the development is |
8621 | equal to or greater than 160 percent. This threshold is in |
8622 | addition to, and does not preclude, a development from being |
8623 | required to undergo development-of-regional-impact review under |
8624 | any other threshold. |
8625 | (g)(i) Residential development.-No rule may be adopted |
8626 | concerning residential developments which treats a residential |
8627 | development in one county as being located in a less populated |
8628 | adjacent county unless more than 25 percent of the development |
8629 | is located within 2 or less miles of the less populated adjacent |
8630 | county. The residential thresholds of adjacent counties with |
8631 | less population and a lower threshold shall not be controlling |
8632 | on any development wholly located within areas designated as |
8633 | rural areas of critical economic concern. |
8634 | (h)(j) Workforce housing.-The applicable guidelines for |
8635 | residential development and the residential component for |
8636 | multiuse development shall be increased by 50 percent where the |
8637 | developer demonstrates that at least 15 percent of the total |
8638 | residential dwelling units authorized within the development of |
8639 | regional impact will be dedicated to affordable workforce |
8640 | housing, subject to a recorded land use restriction that shall |
8641 | be for a period of not less than 20 years and that includes |
8642 | resale provisions to ensure long-term affordability for income- |
8643 | eligible homeowners and renters and provisions for the workforce |
8644 | housing to be commenced prior to the completion of 50 percent of |
8645 | the market rate dwelling. For purposes of this paragraph, the |
8646 | term "affordable workforce housing" means housing that is |
8647 | affordable to a person who earns less than 120 percent of the |
8648 | area median income, or less than 140 percent of the area median |
8649 | income if located in a county in which the median purchase price |
8650 | for a single-family existing home exceeds the statewide median |
8651 | purchase price of a single-family existing home. For the |
8652 | purposes of this paragraph, the term "statewide median purchase |
8653 | price of a single-family existing home" means the statewide |
8654 | purchase price as determined in the Florida Sales Report, |
8655 | Single-Family Existing Homes, released each January by the |
8656 | Florida Association of Realtors and the University of Florida |
8657 | Real Estate Research Center. |
8658 | (i)(k) Schools.- |
8659 | 1. The proposed construction of any public, private, or |
8660 | proprietary postsecondary educational campus which provides for |
8661 | a design population of more than 5,000 full-time equivalent |
8662 | students, or the proposed physical expansion of any public, |
8663 | private, or proprietary postsecondary educational campus having |
8664 | such a design population that would increase the population by |
8665 | at least 20 percent of the design population. |
8666 | 2. As used in this paragraph, "full-time equivalent |
8667 | student" means enrollment for 15 or more quarter hours during a |
8668 | single academic semester. In career centers or other |
8669 | institutions which do not employ semester hours or quarter hours |
8670 | in accounting for student participation, enrollment for 18 |
8671 | contact hours shall be considered equivalent to one quarter |
8672 | hour, and enrollment for 27 contact hours shall be considered |
8673 | equivalent to one semester hour. |
8674 | 3. This paragraph does not apply to institutions which are |
8675 | the subject of a campus master plan adopted by the university |
8676 | board of trustees pursuant to s. 1013.30. |
8677 | (4) Two or more developments, represented by their owners |
8678 | or developers to be separate developments, shall be aggregated |
8679 | and treated as a single development under this chapter when they |
8680 | are determined to be part of a unified plan of development and |
8681 | are physically proximate to one other. |
8682 | (a) The criteria of three two of the following |
8683 | subparagraphs must be met in order for the state land planning |
8684 | agency to determine that there is a unified plan of development: |
8685 | 1.a. The same person has retained or shared control of the |
8686 | developments; |
8687 | b. The same person has ownership or a significant legal or |
8688 | equitable interest in the developments; or |
8689 | c. There is common management of the developments |
8690 | controlling the form of physical development or disposition of |
8691 | parcels of the development. |
8692 | 2. There is a reasonable closeness in time between the |
8693 | completion of 80 percent or less of one development and the |
8694 | submission to a governmental agency of a master plan or series |
8695 | of plans or drawings for the other development which is |
8696 | indicative of a common development effort. |
8697 | 3. A master plan or series of plans or drawings exists |
8698 | covering the developments sought to be aggregated which have |
8699 | been submitted to a local general-purpose government, water |
8700 | management district, the Florida Department of Environmental |
8701 | Protection, or the Division of Florida Condominiums, Timeshares, |
8702 | and Mobile Homes for authorization to commence development. The |
8703 | existence or implementation of a utility's master utility plan |
8704 | required by the Public Service Commission or general-purpose |
8705 | local government or a master drainage plan shall not be the sole |
8706 | determinant of the existence of a master plan. |
8707 | 4. The voluntary sharing of infrastructure that is |
8708 | indicative of a common development effort or is designated |
8709 | specifically to accommodate the developments sought to be |
8710 | aggregated, except that which was implemented because it was |
8711 | required by a local general-purpose government; water management |
8712 | district; the Department of Environmental Protection; the |
8713 | Division of Florida Condominiums, Timeshares, and Mobile Homes; |
8714 | or the Public Service Commission. |
8715 | 4.5. There is a common advertising scheme or promotional |
8716 | plan in effect for the developments sought to be aggregated. |
8717 | Section 56. Subsection (17) of section 331.303, Florida |
8718 | Statutes, is amended to read: |
8719 | 331.303 Definitions.- |
8720 | (17) "Spaceport launch facilities" means industrial |
8721 | facilities as described in s. 380.0651(3)(c), Florida Statutes |
8722 | 2010, and include any launch pad, launch control center, and |
8723 | fixed launch-support equipment. |
8724 | Section 57. Subsection (1) of section 380.115, Florida |
8725 | Statutes, is amended to read: |
8726 | 380.115 Vested rights and duties; effect of size |
8727 | reduction, changes in guidelines and standards.- |
8728 | (1) A change in a development-of-regional-impact guideline |
8729 | and standard does not abridge or modify any vested or other |
8730 | right or any duty or obligation pursuant to any development |
8731 | order or agreement that is applicable to a development of |
8732 | regional impact. A development that has received a development- |
8733 | of-regional-impact development order pursuant to s. 380.06, but |
8734 | is no longer required to undergo development-of-regional-impact |
8735 | review by operation of a change in the guidelines and standards |
8736 | or has reduced its size below the thresholds in s. 380.0651, or |
8737 | a development that is exempt pursuant to s. 380.06(29) shall be |
8738 | governed by the following procedures: |
8739 | (a) The development shall continue to be governed by the |
8740 | development-of-regional-impact development order and may be |
8741 | completed in reliance upon and pursuant to the development order |
8742 | unless the developer or landowner has followed the procedures |
8743 | for rescission in paragraph (b). Any proposed changes to those |
8744 | developments which continue to be governed by a development |
8745 | order shall be approved pursuant to s. 380.06(19) as it existed |
8746 | prior to a change in the development-of-regional-impact |
8747 | guidelines and standards, except that all percentage criteria |
8748 | shall be doubled and all other criteria shall be increased by 10 |
8749 | percent. The development-of-regional-impact development order |
8750 | may be enforced by the local government as provided by ss. |
8751 | 380.06(17) and 380.11. |
8752 | (b) If requested by the developer or landowner, the |
8753 | development-of-regional-impact development order shall be |
8754 | rescinded by the local government having jurisdiction upon a |
8755 | showing that all required mitigation related to the amount of |
8756 | development that existed on the date of rescission has been |
8757 | completed. |
8758 | Section 58. Paragraph (a) of subsection (8) of section |
8759 | 380.061, Florida Statutes, is amended to read: |
8760 | 380.061 The Florida Quality Developments program.- |
8761 | (8)(a) Any local government comprehensive plan amendments |
8762 | related to a Florida Quality Development may be initiated by a |
8763 | local planning agency and considered by the local governing body |
8764 | at the same time as the application for development approval, |
8765 | using the procedures provided for local plan amendment in s. |
8766 | 163.3187 or s. 163.3189 and applicable local ordinances, without |
8767 | regard to statutory or local ordinance limits on the frequency |
8768 | of consideration of amendments to the local comprehensive plan. |
8769 | Nothing in this subsection shall be construed to require |
8770 | favorable consideration of a Florida Quality Development solely |
8771 | because it is related to a development of regional impact. |
8772 | Section 59. Paragraph (a) of subsection (2) and subsection |
8773 | (10) of section 380.065, Florida Statutes, are amended to read: |
8774 | 380.065 Certification of local government review of |
8775 | development.- |
8776 | (2) When a petition is filed, the state land planning |
8777 | agency shall have no more than 90 days to prepare and submit to |
8778 | the Administration Commission a report and recommendations on |
8779 | the proposed certification. In deciding whether to grant |
8780 | certification, the Administration Commission shall determine |
8781 | whether the following criteria are being met: |
8782 | (a) The petitioning local government has adopted and |
8783 | effectively implemented a local comprehensive plan and |
8784 | development regulations which comply with ss. 163.3161-163.3215, |
8785 | the Community Local Government Comprehensive Planning and Land |
8786 | Development Regulation Act. |
8787 | (10) The department shall submit an annual progress report |
8788 | to the President of the Senate and the Speaker of the House of |
8789 | Representatives by March 1 on the certification of local |
8790 | governments, stating which local governments have been |
8791 | certified. For those local governments which have applied for |
8792 | certification but for which certification has been denied, the |
8793 | department shall specify the reasons certification was denied. |
8794 | Section 60. Section 380.0685, Florida Statutes, is amended |
8795 | to read: |
8796 | 380.0685 State park in area of critical state concern in |
8797 | county which creates land authority; surcharge on admission and |
8798 | overnight occupancy.-The Department of Environmental Protection |
8799 | shall impose and collect a surcharge of 50 cents per person per |
8800 | day, or $5 per annual family auto entrance permit, on admission |
8801 | to all state parks in areas of critical state concern located in |
8802 | a county which creates a land authority pursuant to s. |
8803 | 380.0663(1), and a surcharge of $2.50 per night per campsite, |
8804 | cabin, or other overnight recreational occupancy unit in state |
8805 | parks in areas of critical state concern located in a county |
8806 | which creates a land authority pursuant to s. 380.0663(1); |
8807 | however, no surcharge shall be imposed or collected under this |
8808 | section for overnight use by nonprofit groups of organized group |
8809 | camps, primitive camping areas, or other facilities intended |
8810 | primarily for organized group use. Such surcharges shall be |
8811 | imposed within 90 days after any county creating a land |
8812 | authority notifies the Department of Environmental Protection |
8813 | that the land authority has been created. The proceeds from such |
8814 | surcharges, less a collection fee that shall be kept by the |
8815 | Department of Environmental Protection for the actual cost of |
8816 | collection, not to exceed 2 percent, shall be transmitted to the |
8817 | land authority of the county from which the revenue was |
8818 | generated. Such funds shall be used to purchase property in the |
8819 | area or areas of critical state concern in the county from which |
8820 | the revenue was generated. An amount not to exceed 10 percent |
8821 | may be used for administration and other costs incident to such |
8822 | purchases. However, the proceeds of the surcharges imposed and |
8823 | collected pursuant to this section in a state park or parks |
8824 | located wholly within a municipality, less the costs of |
8825 | collection as provided herein, shall be transmitted to that |
8826 | municipality for use by the municipality for land acquisition or |
8827 | for beach renourishment or restoration, including, but not |
8828 | limited to, costs associated with any design, permitting, |
8829 | monitoring, and mitigation of such work, as well as the work |
8830 | itself. However, these funds may not be included in any |
8831 | calculation used for providing state matching funds for local |
8832 | contributions for beach renourishment or restoration. The |
8833 | surcharges levied under this section shall remain imposed as |
8834 | long as the land authority is in existence. |
8835 | Section 61. Subsection (3) of section 380.115, Florida |
8836 | Statutes, is amended to read: |
8837 | 380.115 Vested rights and duties; effect of size |
8838 | reduction, changes in guidelines and standards.- |
8839 | (3) A landowner that has filed an application for a |
8840 | development-of-regional-impact review prior to the adoption of a |
8841 | an optional sector plan pursuant to s. 163.3245 may elect to |
8842 | have the application reviewed pursuant to s. 380.06, |
8843 | comprehensive plan provisions in force prior to adoption of the |
8844 | sector plan, and any requested comprehensive plan amendments |
8845 | that accompany the application. |
8846 | Section 62. Subsection (1) of section 403.50665, Florida |
8847 | Statutes, is amended to read: |
8848 | 403.50665 Land use consistency.- |
8849 | (1) The applicant shall include in the application a |
8850 | statement on the consistency of the site and any associated |
8851 | facilities that constitute a "development," as defined in s. |
8852 | 380.04, with existing land use plans and zoning ordinances that |
8853 | were in effect on the date the application was filed and a full |
8854 | description of such consistency. This information shall include |
8855 | an identification of those associated facilities that the |
8856 | applicant believes are exempt from the requirements of land use |
8857 | plans and zoning ordinances under the provisions of the |
8858 | Community Local Government Comprehensive Planning and Land |
8859 | Development Regulation Act provisions of chapter 163 and s. |
8860 | 380.04(3). |
8861 | Section 63. Subsection (13) and paragraph (a) of |
8862 | subsection (14) of section 403.973, Florida Statutes, are |
8863 | amended to read: |
8864 | 403.973 Expedited permitting; amendments to comprehensive |
8865 | plans.- |
8866 | (13) Notwithstanding any other provisions of law: |
8867 | (a) Local comprehensive plan amendments for projects |
8868 | qualified under this section are exempt from the twice-a-year |
8869 | limits provision in s. 163.3187; and |
8870 | (b) Projects qualified under this section are not subject |
8871 | to interstate highway level-of-service standards adopted by the |
8872 | Department of Transportation for concurrency purposes. The |
8873 | memorandum of agreement specified in subsection (5) must include |
8874 | a process by which the applicant will be assessed a fair share |
8875 | of the cost of mitigating the project's significant traffic |
8876 | impacts, as defined in chapter 380 and related rules. The |
8877 | agreement must also specify whether the significant traffic |
8878 | impacts on the interstate system will be mitigated through the |
8879 | implementation of a project or payment of funds to the |
8880 | Department of Transportation. Where funds are paid, the |
8881 | Department of Transportation must include in the 5-year work |
8882 | program transportation projects or project phases, in an amount |
8883 | equal to the funds received, to mitigate the traffic impacts |
8884 | associated with the proposed project. |
8885 | (14)(a) Challenges to state agency action in the expedited |
8886 | permitting process for projects processed under this section are |
8887 | subject to the summary hearing provisions of s. 120.574, except |
8888 | that the administrative law judge's decision, as provided in s. |
8889 | 120.574(2)(f), shall be in the form of a recommended order and |
8890 | do shall not constitute the final action of the state agency. In |
8891 | those proceedings where the action of only one agency of the |
8892 | state other than the Department of Environmental Protection is |
8893 | challenged, the agency of the state shall issue the final order |
8894 | within 45 working days after receipt of the administrative law |
8895 | judge's recommended order, and the recommended order shall |
8896 | inform the parties of their right to file exceptions or |
8897 | responses to the recommended order in accordance with the |
8898 | uniform rules of procedure pursuant to s. 120.54. In those |
8899 | proceedings where the actions of more than one agency of the |
8900 | state are challenged, the Governor shall issue the final order |
8901 | within 45 working days after receipt of the administrative law |
8902 | judge's recommended order, and the recommended order shall |
8903 | inform the parties of their right to file exceptions or |
8904 | responses to the recommended order in accordance with the |
8905 | uniform rules of procedure pursuant to s. 120.54. This paragraph |
8906 | does not apply to the issuance of department licenses required |
8907 | under any federally delegated or approved permit program. In |
8908 | such instances, the department shall enter the final order. The |
8909 | participating agencies of the state may opt at the preliminary |
8910 | hearing conference to allow the administrative law judge's |
8911 | decision to constitute the final agency action. If a |
8912 | participating local government agrees to participate in the |
8913 | summary hearing provisions of s. 120.574 for purposes of review |
8914 | of local government comprehensive plan amendments, s. |
8915 | 163.3184(9) and (10) apply. |
8916 | Section 64. Subsections (9) and (10) of section 420.5095, |
8917 | Florida Statutes, are amended to read: |
8918 | 420.5095 Community Workforce Housing Innovation Pilot |
8919 | Program.- |
8920 | (9) Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any |
8921 | local government comprehensive plan amendment to implement a |
8922 | Community Workforce Housing Innovation Pilot Program project |
8923 | found consistent with the provisions of this section shall be |
8924 | expedited as provided in this subsection. At least 30 days prior |
8925 | to adopting a plan amendment under this subsection, the local |
8926 | government shall notify the state land planning agency of its |
8927 | intent to adopt such an amendment, and the notice shall include |
8928 | its evaluation related to site suitability and availability of |
8929 | facilities and services. The public notice of the hearing |
8930 | required by s. 163.3184(11)(15)(b)2. shall include a statement |
8931 | that the local government intends to use the expedited adoption |
8932 | process authorized by this subsection. Such amendments shall |
8933 | require only a single public hearing before the governing board, |
8934 | which shall be an adoption hearing as described in s. |
8935 | 163.3184(4)(e)(7). The state land planning agency shall issue |
8936 | its notice of intent pursuant to s. 163.3184(8) within 30 days |
8937 | after determining that the amendment package is complete. Any |
8938 | further proceedings shall be governed by s. ss. 163.3184(5)- |
8939 | (13)(9)-(16). Amendments proposed under this section are not |
8940 | subject to s. 163.3187(1), which limits the adoption of a |
8941 | comprehensive plan amendment to no more than two times during |
8942 | any calendar year. |
8943 | (10) The processing of approvals of development orders or |
8944 | development permits, as defined in s. 163.3164(7) and (8), for |
8945 | innovative community workforce housing projects shall be |
8946 | expedited. |
8947 | Section 65. Subsection (5) of section 420.615, Florida |
8948 | Statutes, is amended to read: |
8949 | 420.615 Affordable housing land donation density bonus |
8950 | incentives.- |
8951 | (5) The local government, as part of the approval process, |
8952 | shall adopt a comprehensive plan amendment, pursuant to part II |
8953 | of chapter 163, for the receiving land that incorporates the |
8954 | density bonus. Such amendment shall be adopted in the manner as |
8955 | required for small-scale amendments pursuant to s. 163.3187, is |
8956 | not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6), |
8957 | and is exempt from the limitation on the frequency of plan |
8958 | amendments as provided in s. 163.3187. |
8959 | Section 66. Subsection (16) of section 420.9071, Florida |
8960 | Statutes, is amended to read: |
8961 | 420.9071 Definitions.-As used in ss. 420.907-420.9079, the |
8962 | term: |
8963 | (16) "Local housing incentive strategies" means local |
8964 | regulatory reform or incentive programs to encourage or |
8965 | facilitate affordable housing production, which include at a |
8966 | minimum, assurance that permits as defined in s. 163.3164(7) and |
8967 | (8) for affordable housing projects are expedited to a greater |
8968 | degree than other projects; an ongoing process for review of |
8969 | local policies, ordinances, regulations, and plan provisions |
8970 | that increase the cost of housing prior to their adoption; and a |
8971 | schedule for implementing the incentive strategies. Local |
8972 | housing incentive strategies may also include other regulatory |
8973 | reforms, such as those enumerated in s. 420.9076 or those |
8974 | recommended by the affordable housing advisory committee in its |
8975 | triennial evaluation of the implementation of affordable housing |
8976 | incentives, and adopted by the local governing body. |
8977 | Section 67. Paragraph (a) of subsection (4) of section |
8978 | 420.9076, Florida Statutes, is amended to read: |
8979 | 420.9076 Adoption of affordable housing incentive |
8980 | strategies; committees.- |
8981 | (4) Triennially, the advisory committee shall review the |
8982 | established policies and procedures, ordinances, land |
8983 | development regulations, and adopted local government |
8984 | comprehensive plan of the appointing local government and shall |
8985 | recommend specific actions or initiatives to encourage or |
8986 | facilitate affordable housing while protecting the ability of |
8987 | the property to appreciate in value. The recommendations may |
8988 | include the modification or repeal of existing policies, |
8989 | procedures, ordinances, regulations, or plan provisions; the |
8990 | creation of exceptions applicable to affordable housing; or the |
8991 | adoption of new policies, procedures, regulations, ordinances, |
8992 | or plan provisions, including recommendations to amend the local |
8993 | government comprehensive plan and corresponding regulations, |
8994 | ordinances, and other policies. At a minimum, each advisory |
8995 | committee shall submit a report to the local governing body that |
8996 | includes recommendations on, and triennially thereafter |
8997 | evaluates the implementation of, affordable housing incentives |
8998 | in the following areas: |
8999 | (a) The processing of approvals of development orders or |
9000 | permits, as defined in s. 163.3164(7) and (8), for affordable |
9001 | housing projects is expedited to a greater degree than other |
9002 | projects. |
9003 |
|
9004 | The advisory committee recommendations may also include other |
9005 | affordable housing incentives identified by the advisory |
9006 | committee. Local governments that receive the minimum allocation |
9007 | under the State Housing Initiatives Partnership Program shall |
9008 | perform the initial review but may elect to not perform the |
9009 | triennial review. |
9010 | Section 68. Subsection (1) of section 720.403, Florida |
9011 | Statutes, is amended to read: |
9012 | 720.403 Preservation of residential communities; revival |
9013 | of declaration of covenants.- |
9014 | (1) Consistent with required and optional elements of |
9015 | local comprehensive plans and other applicable provisions of the |
9016 | Community Local Government Comprehensive Planning and Land |
9017 | Development Regulation Act, homeowners are encouraged to |
9018 | preserve existing residential communities, promote available and |
9019 | affordable housing, protect structural and aesthetic elements of |
9020 | their residential community, and, as applicable, maintain roads |
9021 | and streets, easements, water and sewer systems, utilities, |
9022 | drainage improvements, conservation and open areas, recreational |
9023 | amenities, and other infrastructure and common areas that serve |
9024 | and support the residential community by the revival of a |
9025 | previous declaration of covenants and other governing documents |
9026 | that may have ceased to govern some or all parcels in the |
9027 | community. |
9028 | Section 69. Subsection (6) of section 1013.30, Florida |
9029 | Statutes, is amended to read: |
9030 | 1013.30 University campus master plans and campus |
9031 | development agreements.- |
9032 | (6) Before a campus master plan is adopted, a copy of the |
9033 | draft master plan must be sent for review or made available |
9034 | electronically to the host and any affected local governments, |
9035 | the state land planning agency, the Department of Environmental |
9036 | Protection, the Department of Transportation, the Department of |
9037 | State, the Fish and Wildlife Conservation Commission, and the |
9038 | applicable water management district and regional planning |
9039 | council. At the request of a governmental entity, a hard copy of |
9040 | the draft master plan shall be submitted within 7 business days |
9041 | of an electronic copy being made available. These agencies must |
9042 | be given 90 days after receipt of the campus master plans in |
9043 | which to conduct their review and provide comments to the |
9044 | university board of trustees. The commencement of this review |
9045 | period must be advertised in newspapers of general circulation |
9046 | within the host local government and any affected local |
9047 | government to allow for public comment. Following receipt and |
9048 | consideration of all comments and the holding of an informal |
9049 | information session and at least two public hearings within the |
9050 | host jurisdiction, the university board of trustees shall adopt |
9051 | the campus master plan. It is the intent of the Legislature that |
9052 | the university board of trustees comply with the notice |
9053 | requirements set forth in s. 163.3184(11)(15) to ensure full |
9054 | public participation in this planning process. The informal |
9055 | public information session must be held before the first public |
9056 | hearing. The first public hearing shall be held before the draft |
9057 | master plan is sent to the agencies specified in this |
9058 | subsection. The second public hearing shall be held in |
9059 | conjunction with the adoption of the draft master plan by the |
9060 | university board of trustees. Campus master plans developed |
9061 | under this section are not rules and are not subject to chapter |
9062 | 120 except as otherwise provided in this section. |
9063 | Section 70. Section 1013.33, Florida Statutes, is amended |
9064 | to read: |
9065 | 1013.33 Coordination of planning with local governing |
9066 | bodies.- |
9067 | (1) It is the policy of this state to require the |
9068 | coordination of planning between boards and local governing |
9069 | bodies to ensure that plans for the construction and opening of |
9070 | public educational facilities are facilitated and coordinated in |
9071 | time and place with plans for residential development, |
9072 | concurrently with other necessary services. Such planning shall |
9073 | include the integration of the educational facilities plan and |
9074 | applicable policies and procedures of a board with the local |
9075 | comprehensive plan and land development regulations of local |
9076 | governments. The planning must include the consideration of |
9077 | allowing students to attend the school located nearest their |
9078 | homes when a new housing development is constructed near a |
9079 | county boundary and it is more feasible to transport the |
9080 | students a short distance to an existing facility in an adjacent |
9081 | county than to construct a new facility or transport students |
9082 | longer distances in their county of residence. The planning must |
9083 | also consider the effects of the location of public education |
9084 | facilities, including the feasibility of keeping central city |
9085 | facilities viable, in order to encourage central city |
9086 | redevelopment and the efficient use of infrastructure and to |
9087 | discourage uncontrolled urban sprawl. In addition, all parties |
9088 | to the planning process must consult with state and local road |
9089 | departments to assist in implementing the Safe Paths to Schools |
9090 | program administered by the Department of Transportation. |
9091 | (2)(a) The school board, county, and nonexempt |
9092 | municipalities located within the geographic area of a school |
9093 | district shall enter into an interlocal agreement that jointly |
9094 | establishes the specific ways in which the plans and processes |
9095 | of the district school board and the local governments are to be |
9096 | coordinated. The interlocal agreements shall be submitted to the |
9097 | state land planning agency and the Office of Educational |
9098 | Facilities in accordance with a schedule published by the state |
9099 | land planning agency. |
9100 | (b) The schedule must establish staggered due dates for |
9101 | submission of interlocal agreements that are executed by both |
9102 | the local government and district school board, commencing on |
9103 | March 1, 2003, and concluding by December 1, 2004, and must set |
9104 | the same date for all governmental entities within a school |
9105 | district. However, if the county where the school district is |
9106 | located contains more than 20 municipalities, the state land |
9107 | planning agency may establish staggered due dates for the |
9108 | submission of interlocal agreements by these municipalities. The |
9109 | schedule must begin with those areas where both the number of |
9110 | districtwide capital-outlay full-time-equivalent students equals |
9111 | 80 percent or more of the current year's school capacity and the |
9112 | projected 5-year student growth rate is 1,000 or greater, or |
9113 | where the projected 5-year student growth rate is 10 percent or |
9114 | greater. |
9115 | (c) If the student population has declined over the 5-year |
9116 | period preceding the due date for submittal of an interlocal |
9117 | agreement by the local government and the district school board, |
9118 | the local government and district school board may petition the |
9119 | state land planning agency for a waiver of one or more of the |
9120 | requirements of subsection (3). The waiver must be granted if |
9121 | the procedures called for in subsection (3) are unnecessary |
9122 | because of the school district's declining school age |
9123 | population, considering the district's 5-year work program |
9124 | prepared pursuant to s. 1013.35. The state land planning agency |
9125 | may modify or revoke the waiver upon a finding that the |
9126 | conditions upon which the waiver was granted no longer exist. |
9127 | The district school board and local governments must submit an |
9128 | interlocal agreement within 1 year after notification by the |
9129 | state land planning agency that the conditions for a waiver no |
9130 | longer exist. |
9131 | (d) Interlocal agreements between local governments and |
9132 | district school boards adopted pursuant to s. 163.3177 before |
9133 | the effective date of subsections (2)-(7) (2)-(9) must be |
9134 | updated and executed pursuant to the requirements of subsections |
9135 | (2)-(7) (2)-(9), if necessary. Amendments to interlocal |
9136 | agreements adopted pursuant to subsections (2)-(7) (2)-(9) must |
9137 | be submitted to the state land planning agency within 30 days |
9138 | after execution by the parties for review consistent with |
9139 | subsections (3) and (4). Local governments and the district |
9140 | school board in each school district are encouraged to adopt a |
9141 | single interlocal agreement in which all join as parties. The |
9142 | state land planning agency shall assemble and make available |
9143 | model interlocal agreements meeting the requirements of |
9144 | subsections (2)-(7) (2)-(9) and shall notify local governments |
9145 | and, jointly with the Department of Education, the district |
9146 | school boards of the requirements of subsections (2)-(7) (2)- |
9147 | (9), the dates for compliance, and the sanctions for |
9148 | noncompliance. The state land planning agency shall be available |
9149 | to informally review proposed interlocal agreements. If the |
9150 | state land planning agency has not received a proposed |
9151 | interlocal agreement for informal review, the state land |
9152 | planning agency shall, at least 60 days before the deadline for |
9153 | submission of the executed agreement, renotify the local |
9154 | government and the district school board of the upcoming |
9155 | deadline and the potential for sanctions. |
9156 | (3) At a minimum, the interlocal agreement must address |
9157 | interlocal agreement requirements in s. 163.31777 and, if |
9158 | applicable, s. 163.3180(6)(13)(g), except for exempt local |
9159 | governments as provided in s. 163.3177(12), and must address the |
9160 | following issues: |
9161 | (a) A process by which each local government and the |
9162 | district school board agree and base their plans on consistent |
9163 | projections of the amount, type, and distribution of population |
9164 | growth and student enrollment. The geographic distribution of |
9165 | jurisdiction-wide growth forecasts is a major objective of the |
9166 | process. |
9167 | (b) A process to coordinate and share information relating |
9168 | to existing and planned public school facilities, including |
9169 | school renovations and closures, and local government plans for |
9170 | development and redevelopment. |
9171 | (c) Participation by affected local governments with the |
9172 | district school board in the process of evaluating potential |
9173 | school closures, significant renovations to existing schools, |
9174 | and new school site selection before land acquisition. Local |
9175 | governments shall advise the district school board as to the |
9176 | consistency of the proposed closure, renovation, or new site |
9177 | with the local comprehensive plan, including appropriate |
9178 | circumstances and criteria under which a district school board |
9179 | may request an amendment to the comprehensive plan for school |
9180 | siting. |
9181 | (d) A process for determining the need for and timing of |
9182 | onsite and offsite improvements to support new construction, |
9183 | proposed expansion, or redevelopment of existing schools. The |
9184 | process shall address identification of the party or parties |
9185 | responsible for the improvements. |
9186 | (e) A process for the school board to inform the local |
9187 | government regarding the effect of comprehensive plan amendments |
9188 | on school capacity. The capacity reporting must be consistent |
9189 | with laws and rules regarding measurement of school facility |
9190 | capacity and must also identify how the district school board |
9191 | will meet the public school demand based on the facilities work |
9192 | program adopted pursuant to s. 1013.35. |
9193 | (f) Participation of the local governments in the |
9194 | preparation of the annual update to the school board's 5-year |
9195 | district facilities work program and educational plant survey |
9196 | prepared pursuant to s. 1013.35. |
9197 | (g) A process for determining where and how joint use of |
9198 | either school board or local government facilities can be shared |
9199 | for mutual benefit and efficiency. |
9200 | (h) A procedure for the resolution of disputes between the |
9201 | district school board and local governments, which may include |
9202 | the dispute resolution processes contained in chapters 164 and |
9203 | 186. |
9204 | (i) An oversight process, including an opportunity for |
9205 | public participation, for the implementation of the interlocal |
9206 | agreement. |
9207 | (4)(a) The Office of Educational Facilities shall submit |
9208 | any comments or concerns regarding the executed interlocal |
9209 | agreement to the state land planning agency within 30 days after |
9210 | receipt of the executed interlocal agreement. The state land |
9211 | planning agency shall review the executed interlocal agreement |
9212 | to determine whether it is consistent with the requirements of |
9213 | subsection (3), the adopted local government comprehensive plan, |
9214 | and other requirements of law. Within 60 days after receipt of |
9215 | an executed interlocal agreement, the state land planning agency |
9216 | shall publish a notice of intent in the Florida Administrative |
9217 | Weekly and shall post a copy of the notice on the agency's |
9218 | Internet site. The notice of intent must state that the |
9219 | interlocal agreement is consistent or inconsistent with the |
9220 | requirements of subsection (3) and this subsection as |
9221 | appropriate. |
9222 | (b) The state land planning agency's notice is subject to |
9223 | challenge under chapter 120; however, an affected person, as |
9224 | defined in s. 163.3184(1)(a), has standing to initiate the |
9225 | administrative proceeding, and this proceeding is the sole means |
9226 | available to challenge the consistency of an interlocal |
9227 | agreement required by this section with the criteria contained |
9228 | in subsection (3) and this subsection. In order to have |
9229 | standing, each person must have submitted oral or written |
9230 | comments, recommendations, or objections to the local government |
9231 | or the school board before the adoption of the interlocal |
9232 | agreement by the district school board and local government. The |
9233 | district school board and local governments are parties to any |
9234 | such proceeding. In this proceeding, when the state land |
9235 | planning agency finds the interlocal agreement to be consistent |
9236 | with the criteria in subsection (3) and this subsection, the |
9237 | interlocal agreement must be determined to be consistent with |
9238 | subsection (3) and this subsection if the local government's and |
9239 | school board's determination of consistency is fairly debatable. |
9240 | When the state land planning agency finds the interlocal |
9241 | agreement to be inconsistent with the requirements of subsection |
9242 | (3) and this subsection, the local government's and school |
9243 | board's determination of consistency shall be sustained unless |
9244 | it is shown by a preponderance of the evidence that the |
9245 | interlocal agreement is inconsistent. |
9246 | (c) If the state land planning agency enters a final order |
9247 | that finds that the interlocal agreement is inconsistent with |
9248 | the requirements of subsection (3) or this subsection, the state |
9249 | land planning agency shall forward it to the Administration |
9250 | Commission, which may impose sanctions against the local |
9251 | government pursuant to s. 163.3184(11) and may impose sanctions |
9252 | against the district school board by directing the Department of |
9253 | Education to withhold an equivalent amount of funds for school |
9254 | construction available pursuant to ss. 1013.65, 1013.68, |
9255 | 1013.70, and 1013.72. |
9256 | (5) If an executed interlocal agreement is not timely |
9257 | submitted to the state land planning agency for review, the |
9258 | state land planning agency shall, within 15 working days after |
9259 | the deadline for submittal, issue to the local government and |
9260 | the district school board a notice to show cause why sanctions |
9261 | should not be imposed for failure to submit an executed |
9262 | interlocal agreement by the deadline established by the agency. |
9263 | The agency shall forward the notice and the responses to the |
9264 | Administration Commission, which may enter a final order citing |
9265 | the failure to comply and imposing sanctions against the local |
9266 | government and district school board by directing the |
9267 | appropriate agencies to withhold at least 5 percent of state |
9268 | funds pursuant to s. 163.3184(11) and by directing the |
9269 | Department of Education to withhold from the district school |
9270 | board at least 5 percent of funds for school construction |
9271 | available pursuant to ss. 1013.65, 1013.68, 1013.70, and |
9272 | 1013.72. |
9273 | (6) Any local government transmitting a public school |
9274 | element to implement school concurrency pursuant to the |
9275 | requirements of s. 163.3180 before the effective date of this |
9276 | section is not required to amend the element or any interlocal |
9277 | agreement to conform with the provisions of subsections (2)-(6) |
9278 | (2)-(8) if the element is adopted prior to or within 1 year |
9279 | after the effective date of subsections (2)-(6) (2)-(8) and |
9280 | remains in effect. |
9281 | (7) Except as provided in subsection (8), municipalities |
9282 | meeting the exemption criteria in s. 163.3177(12) are exempt |
9283 | from the requirements of subsections (2), (3), and (4). |
9284 | (8) At the time of the evaluation and appraisal report, |
9285 | each exempt municipality shall assess the extent to which it |
9286 | continues to meet the criteria for exemption under s. |
9287 | 163.3177(12). If the municipality continues to meet these |
9288 | criteria, the municipality shall continue to be exempt from the |
9289 | interlocal agreement requirement. Each municipality exempt under |
9290 | s. 163.3177(12) must comply with the provisions of subsections |
9291 | (2)-(8) within 1 year after the district school board proposes, |
9292 | in its 5-year district facilities work program, a new school |
9293 | within the municipality's jurisdiction. |
9294 | (7)(9) A board and the local governing body must share and |
9295 | coordinate information related to existing and planned school |
9296 | facilities; proposals for development, redevelopment, or |
9297 | additional development; and infrastructure required to support |
9298 | the school facilities, concurrent with proposed development. A |
9299 | school board shall use information produced by the demographic, |
9300 | revenue, and education estimating conferences pursuant to s. |
9301 | 216.136 when preparing the district educational facilities plan |
9302 | pursuant to s. 1013.35, as modified and agreed to by the local |
9303 | governments, when provided by interlocal agreement, and the |
9304 | Office of Educational Facilities, in consideration of local |
9305 | governments' population projections, to ensure that the district |
9306 | educational facilities plan not only reflects enrollment |
9307 | projections but also considers applicable municipal and county |
9308 | growth and development projections. The projections must be |
9309 | apportioned geographically with assistance from the local |
9310 | governments using local government trend data and the school |
9311 | district student enrollment data. A school board is precluded |
9312 | from siting a new school in a jurisdiction where the school |
9313 | board has failed to provide the annual educational facilities |
9314 | plan for the prior year required pursuant to s. 1013.35 unless |
9315 | the failure is corrected. |
9316 | (8)(10) The location of educational facilities shall be |
9317 | consistent with the comprehensive plan of the appropriate local |
9318 | governing body developed under part II of chapter 163 and |
9319 | consistent with the plan's implementing land development |
9320 | regulations. |
9321 | (9)(11) To improve coordination relative to potential |
9322 | educational facility sites, a board shall provide written notice |
9323 | to the local government that has regulatory authority over the |
9324 | use of the land consistent with an interlocal agreement entered |
9325 | pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior |
9326 | to acquiring or leasing property that may be used for a new |
9327 | public educational facility. The local government, upon receipt |
9328 | of this notice, shall notify the board within 45 days if the |
9329 | site proposed for acquisition or lease is consistent with the |
9330 | land use categories and policies of the local government's |
9331 | comprehensive plan. This preliminary notice does not constitute |
9332 | the local government's determination of consistency pursuant to |
9333 | subsection (10) (12). |
9334 | (10)(12) As early in the design phase as feasible and |
9335 | consistent with an interlocal agreement entered pursuant to |
9336 | subsections (2)-(6) (2)-(8), but no later than 90 days before |
9337 | commencing construction, the district school board shall in |
9338 | writing request a determination of consistency with the local |
9339 | government's comprehensive plan. The local governing body that |
9340 | regulates the use of land shall determine, in writing within 45 |
9341 | days after receiving the necessary information and a school |
9342 | board's request for a determination, whether a proposed |
9343 | educational facility is consistent with the local comprehensive |
9344 | plan and consistent with local land development regulations. If |
9345 | the determination is affirmative, school construction may |
9346 | commence and further local government approvals are not |
9347 | required, except as provided in this section. Failure of the |
9348 | local governing body to make a determination in writing within |
9349 | 90 days after a district school board's request for a |
9350 | determination of consistency shall be considered an approval of |
9351 | the district school board's application. Campus master plans and |
9352 | development agreements must comply with the provisions of ss. |
9353 | 1013.30 and 1013.63. |
9354 | (11)(13) A local governing body may not deny the site |
9355 | applicant based on adequacy of the site plan as it relates |
9356 | solely to the needs of the school. If the site is consistent |
9357 | with the comprehensive plan's land use policies and categories |
9358 | in which public schools are identified as allowable uses, the |
9359 | local government may not deny the application but it may impose |
9360 | reasonable development standards and conditions in accordance |
9361 | with s. 1013.51(1) and consider the site plan and its adequacy |
9362 | as it relates to environmental concerns, health, safety and |
9363 | welfare, and effects on adjacent property. Standards and |
9364 | conditions may not be imposed which conflict with those |
9365 | established in this chapter or the Florida Building Code, unless |
9366 | mutually agreed and consistent with the interlocal agreement |
9367 | required by subsections (2)-(6) (2)-(8). |
9368 | (12)(14) This section does not prohibit a local governing |
9369 | body and district school board from agreeing and establishing an |
9370 | alternative process for reviewing a proposed educational |
9371 | facility and site plan, and offsite impacts, pursuant to an |
9372 | interlocal agreement adopted in accordance with subsections (2)- |
9373 | (6) (2)-(8). |
9374 | (13)(15) Existing schools shall be considered consistent |
9375 | with the applicable local government comprehensive plan adopted |
9376 | under part II of chapter 163. If a board submits an application |
9377 | to expand an existing school site, the local governing body may |
9378 | impose reasonable development standards and conditions on the |
9379 | expansion only, and in a manner consistent with s. 1013.51(1). |
9380 | Standards and conditions may not be imposed which conflict with |
9381 | those established in this chapter or the Florida Building Code, |
9382 | unless mutually agreed. Local government review or approval is |
9383 | not required for: |
9384 | (a) The placement of temporary or portable classroom |
9385 | facilities; or |
9386 | (b) Proposed renovation or construction on existing school |
9387 | sites, with the exception of construction that changes the |
9388 | primary use of a facility, includes stadiums, or results in a |
9389 | greater than 5 percent increase in student capacity, or as |
9390 | mutually agreed upon, pursuant to an interlocal agreement |
9391 | adopted in accordance with subsections (2)-(6)(8). |
9392 | Section 71. Paragraph (b) of subsection (2) of section |
9393 | 1013.35, Florida Statutes, is amended to read: |
9394 | 1013.35 School district educational facilities plan; |
9395 | definitions; preparation, adoption, and amendment; long-term |
9396 | work programs.- |
9397 | (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL |
9398 | FACILITIES PLAN.- |
9399 | (b) The plan must also include a financially feasible |
9400 | district facilities work program for a 5-year period. The work |
9401 | program must include: |
9402 | 1. A schedule of major repair and renovation projects |
9403 | necessary to maintain the educational facilities and ancillary |
9404 | facilities of the district. |
9405 | 2. A schedule of capital outlay projects necessary to |
9406 | ensure the availability of satisfactory student stations for the |
9407 | projected student enrollment in K-12 programs. This schedule |
9408 | shall consider: |
9409 | a. The locations, capacities, and planned utilization |
9410 | rates of current educational facilities of the district. The |
9411 | capacity of existing satisfactory facilities, as reported in the |
9412 | Florida Inventory of School Houses must be compared to the |
9413 | capital outlay full-time-equivalent student enrollment as |
9414 | determined by the department, including all enrollment used in |
9415 | the calculation of the distribution formula in s. 1013.64. |
9416 | b. The proposed locations of planned facilities, whether |
9417 | those locations are consistent with the comprehensive plans of |
9418 | all affected local governments, and recommendations for |
9419 | infrastructure and other improvements to land adjacent to |
9420 | existing facilities. The provisions of ss. 1013.33(10), (11), |
9421 | and (12), (13), and (14) and 1013.36 must be addressed for new |
9422 | facilities planned within the first 3 years of the work plan, as |
9423 | appropriate. |
9424 | c. Plans for the use and location of relocatable |
9425 | facilities, leased facilities, and charter school facilities. |
9426 | d. Plans for multitrack scheduling, grade level |
9427 | organization, block scheduling, or other alternatives that |
9428 | reduce the need for additional permanent student stations. |
9429 | e. Information concerning average class size and |
9430 | utilization rate by grade level within the district which will |
9431 | result if the tentative district facilities work program is |
9432 | fully implemented. |
9433 | f. The number and percentage of district students planned |
9434 | to be educated in relocatable facilities during each year of the |
9435 | tentative district facilities work program. For determining |
9436 | future needs, student capacity may not be assigned to any |
9437 | relocatable classroom that is scheduled for elimination or |
9438 | replacement with a permanent educational facility in the current |
9439 | year of the adopted district educational facilities plan and in |
9440 | the district facilities work program adopted under this section. |
9441 | Those relocatable classrooms clearly identified and scheduled |
9442 | for replacement in a school-board-adopted, financially feasible, |
9443 | 5-year district facilities work program shall be counted at zero |
9444 | capacity at the time the work program is adopted and approved by |
9445 | the school board. However, if the district facilities work |
9446 | program is changed and the relocatable classrooms are not |
9447 | replaced as scheduled in the work program, the classrooms must |
9448 | be reentered into the system and be counted at actual capacity. |
9449 | Relocatable classrooms may not be perpetually added to the work |
9450 | program or continually extended for purposes of circumventing |
9451 | this section. All relocatable classrooms not identified and |
9452 | scheduled for replacement, including those owned, lease- |
9453 | purchased, or leased by the school district, must be counted at |
9454 | actual student capacity. The district educational facilities |
9455 | plan must identify the number of relocatable student stations |
9456 | scheduled for replacement during the 5-year survey period and |
9457 | the total dollar amount needed for that replacement. |
9458 | g. Plans for the closure of any school, including plans |
9459 | for disposition of the facility or usage of facility space, and |
9460 | anticipated revenues. |
9461 | h. Projects for which capital outlay and debt service |
9462 | funds accruing under s. 9(d), Art. XII of the State Constitution |
9463 | are to be used shall be identified separately in priority order |
9464 | on a project priority list within the district facilities work |
9465 | program. |
9466 | 3. The projected cost for each project identified in the |
9467 | district facilities work program. For proposed projects for new |
9468 | student stations, a schedule shall be prepared comparing the |
9469 | planned cost and square footage for each new student station, by |
9470 | elementary, middle, and high school levels, to the low, average, |
9471 | and high cost of facilities constructed throughout the state |
9472 | during the most recent fiscal year for which data is available |
9473 | from the Department of Education. |
9474 | 4. A schedule of estimated capital outlay revenues from |
9475 | each currently approved source which is estimated to be |
9476 | available for expenditure on the projects included in the |
9477 | district facilities work program. |
9478 | 5. A schedule indicating which projects included in the |
9479 | district facilities work program will be funded from current |
9480 | revenues projected in subparagraph 4. |
9481 | 6. A schedule of options for the generation of additional |
9482 | revenues by the district for expenditure on projects identified |
9483 | in the district facilities work program which are not funded |
9484 | under subparagraph 5. Additional anticipated revenues may |
9485 | include effort index grants, SIT Program awards, and Classrooms |
9486 | First funds. |
9487 | Section 72. Rules 9J-5 and 9J-11.023, Florida |
9488 | Administrative Code, are repealed, and the Department of State |
9489 | is directed to remove those rules from the Florida |
9490 | Administrative Code. |
9491 | Section 73. (1) Any permit or any other authorization |
9492 | that was extended under section 14 of chapter 2009-96, Laws of |
9493 | Florida, as reauthorized by section 47 of chapter 2010-147, Laws |
9494 | of Florida, is extended and renewed for an additional period of |
9495 | 2 years after its previously scheduled expiration date. This |
9496 | extension is in addition to the 2-year permit extension provided |
9497 | under section 14 of chapter 2009-96, Laws of Florida, as |
9498 | reauthorized by section 47 of chapter 2010-147, Laws of Florida. |
9499 | This section does not prohibit conversion from the construction |
9500 | phase to the operation phase upon completion of construction. |
9501 | Permits that were extended by a total of 4 years pursuant to |
9502 | section 14 of chapter 2009-96, Laws of Florida, as reauthorized |
9503 | by section 47 of chapter 2010-147, Laws of Florida, and by |
9504 | section 46 of chapter 2010-147, Laws of Florida, cannot be |
9505 | further extended under this provision. |
9506 | (2) The commencement and completion dates for any required |
9507 | mitigation associated with a phased construction project shall |
9508 | be extended such that mitigation takes place in the same |
9509 | timeframe relative to the phase as originally permitted. |
9510 | (3) The holder of a valid permit or other authorization |
9511 | that is eligible for the 2-year extension shall notify the |
9512 | authorizing agency in writing by December 31, 2011, identifying |
9513 | the specific authorization for which the holder intends to use |
9514 | the extension and the anticipated timeframe for acting on the |
9515 | authorization. |
9516 | (4) The extension provided for in subsection (1) does not |
9517 | apply to: |
9518 | (a) A permit or other authorization under any programmatic |
9519 | or regional general permit issued by the Army Corps of |
9520 | Engineers. |
9521 | (b) A permit or other authorization held by an owner or |
9522 | operator determined to be in significant noncompliance with the |
9523 | conditions of the permit or authorization as established through |
9524 | the issuance of a warning letter or notice of violation, the |
9525 | initiation of formal enforcement, or other equivalent action by |
9526 | the authorizing agency. |
9527 | (c) A permit or other authorization, if granted an |
9528 | extension, that would delay or prevent compliance with a court |
9529 | order. |
9530 | (5) Permits extended under this section shall continue to |
9531 | be governed by rules in effect at the time the permit was |
9532 | issued, except if it is demonstrated that the rules in effect at |
9533 | the time the permit was issued would create an immediate threat |
9534 | to public safety or health. This subsection applies to any |
9535 | modification of the plans, terms, and conditions of the permit |
9536 | that lessens the environmental impact, except that any such |
9537 | modification may not extend the time limit beyond 2 additional |
9538 | years. |
9539 | (6) This section does not impair the authority of a county |
9540 | or municipality to require the owner of a property that has |
9541 | notified the county or municipality of the owner's intention to |
9542 | receive the extension of time granted pursuant to this section |
9543 | to maintain and secure the property in a safe and sanitary |
9544 | condition in compliance with applicable laws and ordinances. |
9545 | Section 74. (1) The state land planning agency, within 60 |
9546 | days after the effective date of this act, shall review any |
9547 | administrative or judicial proceeding filed by the agency and |
9548 | pending on the effective date of this act to determine whether |
9549 | the issues raised by the state land planning agency are |
9550 | consistent with the revised provisions of part II of chapter |
9551 | 163, Florida Statutes. For each proceeding, if the agency |
9552 | determines that issues have been raised that are not consistent |
9553 | with the revised provisions of part II of chapter 163, Florida |
9554 | Statutes, the agency shall dismiss the proceeding. If the state |
9555 | land planning agency determines that one or more issues have |
9556 | been raised that are consistent with the revised provisions of |
9557 | part II of chapter 163, Florida Statutes, the agency shall amend |
9558 | its petition within 30 days after the determination to plead |
9559 | with particularity as to the manner in which the plan or plan |
9560 | amendment fails to meet the revised provisions of part II of |
9561 | chapter 163, Florida Statutes. If the agency fails to timely |
9562 | file such amended petition, the proceeding shall be dismissed. |
9563 | (2) In all proceedings that were initiated by the state |
9564 | land planning agency before the effective date of this act, and |
9565 | continue after that date, the local government's determination |
9566 | that the comprehensive plan or plan amendment is in compliance |
9567 | is presumed to be correct, and the local government's |
9568 | determination shall be sustained unless it is shown by a |
9569 | preponderance of the evidence that the comprehensive plan or |
9570 | plan amendment is not in compliance. |
9571 | Section 75. All local governments shall be governed by the |
9572 | revised provisions of s. 163.3191, Florida Statutes, |
9573 | notwithstanding a local government's previous failure to timely |
9574 | adopt its evaluation and appraisal report or evaluation and |
9575 | appraisal report-based amendments by the due dates previously |
9576 | established by the state land planning agency. |
9577 | Section 76. A comprehensive plan amendment adopted |
9578 | pursuant to s. 163.32465, Florida Statutes, subject to voter |
9579 | referendum by local charter, and found in compliance before the |
9580 | effective date of this act, may be readopted by ordinance, shall |
9581 | become effective upon approval by the local government, and is |
9582 | not subject to review or challenge pursuant to the provisions of |
9583 | s. 163.32465 or s. 163.3184, Florida Statutes. |
9584 | Section 77. The Department of Transportation shall develop |
9585 | and submit to the President of the Senate and the Speaker of the |
9586 | House of Representatives, no later than December 15, 2011, a |
9587 | report on recommended changes to or alternatives to the |
9588 | calculation of the proportionate share contribution in s. |
9589 | 163.3180(5)(h)3., Florida Statutes. The department's |
9590 | recommendations, if any, shall be designed to ensure development |
9591 | contributions to mitigate impacts on the transportation system |
9592 | are assessed in predictable, equitable and fair manner and shall |
9593 | be developed in consultation with developers and representatives |
9594 | of local governments. |
9595 | Section 78. If any provision of this act or its |
9596 | application to any person or circumstance is held invalid, the |
9597 | invalidity does not affect other provisions or applications of |
9598 | this act which can be given effect without the invalid provision |
9599 | or application, and to this end the provisions of this act are |
9600 | severable. |
9601 | Section 79. (1) Except as provided in subsection (4), and |
9602 | in recognition of 2011 real estate market conditions, any |
9603 | building permit, and any permit issued by the Department of |
9604 | Environmental Protection or by a water management district |
9605 | pursuant to part IV of chapter 373, Florida Statutes, which has |
9606 | an expiration date from January 1, 2012, through January 1, |
9607 | 2014, is extended and renewed for a period of 2 years after its |
9608 | previously scheduled date of expiration. This extension includes |
9609 | any local government-issued development order or building permit |
9610 | including certificates of levels of service. This section does |
9611 | not prohibit conversion from the construction phase to the |
9612 | operation phase upon completion of construction. This extension |
9613 | is in addition to any existing permit extension. Extensions |
9614 | granted pursuant to this section; section 14 of chapter 2009-96, |
9615 | Laws of Florida, as reauthorized by section 47 of chapter 2010- |
9616 | 147, Laws of Florida; section 46 of chapter 2010-147, Laws of |
9617 | Florida; or section 74 of this act shall not exceed 4 years in |
9618 | total. Further, specific development order extensions granted |
9619 | pursuant to s. 380.06(19)(c)2., Florida Statutes, cannot be |
9620 | further extended by this section. |
9621 | (2) The commencement and completion dates for any required |
9622 | mitigation associated with a phased construction project are |
9623 | extended so that mitigation takes place in the same timeframe |
9624 | relative to the phase as originally permitted. |
9625 | (3) The holder of a valid permit or other authorization |
9626 | that is eligible for the 2-year extension must notify the |
9627 | authorizing agency in writing by December 31, 2011, identifying |
9628 | the specific authorization for which the holder intends to use |
9629 | the extension and the anticipated timeframe for acting on the |
9630 | authorization. |
9631 | (4) The extension provided for in subsection (1) does not |
9632 | apply to: |
9633 | (a) A permit or other authorization under any programmatic |
9634 | or regional general permit issued by the Army Corps of |
9635 | Engineers. |
9636 | (b) A permit or other authorization held by an owner or |
9637 | operator determined to be in significant noncompliance with the |
9638 | conditions of the permit or authorization as established through |
9639 | the issuance of a warning letter or notice of violation, the |
9640 | initiation of formal enforcement, or other equivalent action by |
9641 | the authorizing agency. |
9642 | (c) A permit or other authorization, if granted an |
9643 | extension that would delay or prevent compliance with a court |
9644 | order. |
9645 | (5) Permits extended under this section shall continue to |
9646 | be governed by the rules in effect at the time the permit was |
9647 | issued, except if it is demonstrated that the rules in effect at |
9648 | the time the permit was issued would create an immediate threat |
9649 | to public safety or health. This provision applies to any |
9650 | modification of the plans, terms, and conditions of the permit |
9651 | which lessens the environmental impact, except that any such |
9652 | modification does not extend the time limit beyond 2 additional |
9653 | years. |
9654 | (6) This section does not impair the authority of a county |
9655 | or municipality to require the owner of a property that has |
9656 | notified the county or municipality of the owner's intent to |
9657 | receive the extension of time granted pursuant to this section |
9658 | to maintain and secure the property in a safe and sanitary |
9659 | condition in compliance with applicable laws and ordinances. |
9660 | Section 80. The Division of Statutory Revision is directed |
9661 | to replace the phrase "the effective date of this act" wherever |
9662 | it occurs in this act with the date this act becomes a law. |
9663 | Section 81. This act shall take effect upon becoming a |
9664 | law. |