Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 842
Barcode 218604
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/23/2012 .
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The Committee on Community Affairs (Bennett) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (8) of section 163.3167, Florida
6 Statutes, is amended to read:
7 163.3167 Scope of act.—
8 (8) An initiative or referendum process in regard to any
9 development order or in regard to any local comprehensive plan
10 amendment or map amendment is prohibited. However, any local
11 government charter provision that was in effect as of June 1,
12 2011, for an initiative or referendum process in regard to
13 development orders or in regard to local comprehensive plan
14 amendments or map amendments may be retained and implemented.
15 Section 2. Paragraph (b) of subsection (4) of section
16 163.3174, Florida Statutes, is amended to read:
17 163.3174 Local planning agency.—
18 (4) The local planning agency shall have the general
19 responsibility for the conduct of the comprehensive planning
20 program. Specifically, the local planning agency shall:
21 (b) Monitor and oversee the effectiveness and status of the
22 comprehensive plan and recommend to the governing body such
23 changes in the comprehensive plan as may from time to time be
24 required, including the periodic evaluation and appraisal of the
25 comprehensive plan preparation of the periodic reports required
26 by s. 163.3191.
27 Section 3. Paragraphs (f) and (h) of subsection (6) of
28 section 163.3177, Florida Statutes, are amended to read:
29 163.3177 Required and optional elements of comprehensive
30 plan; studies and surveys.—
31 (6) In addition to the requirements of subsections (1)-(5),
32 the comprehensive plan shall include the following elements:
33 (f)1. A housing element consisting of principles,
34 guidelines, standards, and strategies to be followed in:
35 a. The provision of housing for all current and anticipated
36 future residents of the jurisdiction.
37 b. The elimination of substandard dwelling conditions.
38 c. The structural and aesthetic improvement of existing
39 housing.
40 d. The provision of adequate sites for future housing,
41 including affordable workforce housing as defined in s.
42 380.0651(3)(h), housing for low-income, very low-income, and
43 moderate-income families, mobile homes, and group home
44 facilities and foster care facilities, with supporting
45 infrastructure and public facilities. The element may include
46 provisions that specifically address affordable housing for
47 persons 60 years of age or older. Real property that is conveyed
48 to a local government for affordable housing under this sub
49 subparagraph shall be disposed of by the local government
50 pursuant to s. 125.379 or s. 166.0451.
51 e. Provision for relocation housing and identification of
52 historically significant and other housing for purposes of
53 conservation, rehabilitation, or replacement.
54 f. The formulation of housing implementation programs.
55 g. The creation or preservation of affordable housing to
56 minimize the need for additional local services and avoid the
57 concentration of affordable housing units only in specific areas
58 of the jurisdiction.
59 2. The principles, guidelines, standards, and strategies of
60 the housing element must be based on the data and analysis
61 prepared on housing needs, including an inventory taken from the
62 latest decennial United States Census or more recent estimates,
63 which shall include the number and distribution of dwelling
64 units by type, tenure, age, rent, value, monthly cost of owner
65 occupied units, and rent or cost to income ratio, and shall show
66 the number of dwelling units that are substandard. The data and
67 analysis inventory shall also include the methodology used to
68 estimate the condition of housing, a projection of the
69 anticipated number of households by size, income range, and age
70 of residents derived from the population projections, and the
71 minimum housing need of the current and anticipated future
72 residents of the jurisdiction.
73 3. The housing element must express principles, guidelines,
74 standards, and strategies that reflect, as needed, the creation
75 and preservation of affordable housing for all current and
76 anticipated future residents of the jurisdiction, elimination of
77 substandard housing conditions, adequate sites, and distribution
78 of housing for a range of incomes and types, including mobile
79 and manufactured homes. The element must provide for specific
80 programs and actions to partner with private and nonprofit
81 sectors to address housing needs in the jurisdiction, streamline
82 the permitting process, and minimize costs and delays for
83 affordable housing, establish standards to address the quality
84 of housing, stabilization of neighborhoods, and identification
85 and improvement of historically significant housing.
86 4. State and federal housing plans prepared on behalf of
87 the local government must be consistent with the goals,
88 objectives, and policies of the housing element. Local
89 governments are encouraged to use job training, job creation,
90 and economic solutions to address a portion of their affordable
91 housing concerns.
92 (h)1. An intergovernmental coordination element showing
93 relationships and stating principles and guidelines to be used
94 in coordinating the adopted comprehensive plan with the plans of
95 school boards, regional water supply authorities, and other
96 units of local government providing services but not having
97 regulatory authority over the use of land, with the
98 comprehensive plans of adjacent municipalities, the county,
99 adjacent counties, or the region, with the state comprehensive
100 plan and with the applicable regional water supply plan approved
101 pursuant to s. 373.709, as the case may require and as such
102 adopted plans or plans in preparation may exist. This element of
103 the local comprehensive plan must demonstrate consideration of
104 the particular effects of the local plan, when adopted, upon the
105 development of adjacent municipalities, the county, adjacent
106 counties, or the region, or upon the state comprehensive plan,
107 as the case may require.
108 a. The intergovernmental coordination element must provide
109 procedures for identifying and implementing joint planning
110 areas, especially for the purpose of annexation, municipal
111 incorporation, and joint infrastructure service areas.
112 b. The intergovernmental coordination element shall provide
113 for a dispute resolution process, as established pursuant to s.
114 186.509, for bringing intergovernmental disputes to closure in a
115 timely manner.
116 c. The intergovernmental coordination element shall provide
117 for interlocal agreements as established pursuant to s.
118 333.03(1)(b).
119 2. The intergovernmental coordination element shall also
120 state principles and guidelines to be used in coordinating the
121 adopted comprehensive plan with the plans of school boards and
122 other units of local government providing facilities and
123 services but not having regulatory authority over the use of
124 land. In addition, the intergovernmental coordination element
125 must describe joint processes for collaborative planning and
126 decisionmaking on population projections and public school
127 siting, the location and extension of public facilities subject
128 to concurrency, and siting facilities with countywide
129 significance, including locally unwanted land uses whose nature
130 and identity are established in an agreement.
131 3. Within 1 year after adopting their intergovernmental
132 coordination elements, each county, all the municipalities
133 within that county, the district school board, and any unit of
134 local government service providers in that county shall
135 establish by interlocal or other formal agreement executed by
136 all affected entities, the joint processes described in this
137 subparagraph consistent with their adopted intergovernmental
138 coordination elements. The agreement element must:
139 a. Ensure that the local government addresses through
140 coordination mechanisms the impacts of development proposed in
141 the local comprehensive plan upon development in adjacent
142 municipalities, the county, adjacent counties, the region, and
143 the state. The area of concern for municipalities shall include
144 adjacent municipalities, the county, and counties adjacent to
145 the municipality. The area of concern for counties shall include
146 all municipalities within the county, adjacent counties, and
147 adjacent municipalities.
148 b. Ensure coordination in establishing level of service
149 standards for public facilities with any state, regional, or
150 local entity having operational and maintenance responsibility
151 for such facilities.
152 Section 4. Subsections (3) and (4) are added to section
153 163.31777, Florida Statutes, to read:
154 163.31777 Public schools interlocal agreement.—
155 (3) A municipality is exempt from the requirements of
156 subsections (1) and (2) if the municipality meets all of the
157 following criteria for having no significant impact on school
158 attendance:
159 (a) The municipality has issued development orders for
160 fewer than 50 residential dwelling units during the preceding 5
161 years, or the municipality has generated fewer than 25
162 additional public school students during the preceding 5 years.
163 (b) The municipality has not annexed new land during the
164 preceding 5 years in land use categories that permit residential
165 uses that will affect school attendance rates.
166 (c) The municipality has no public schools located within
167 its boundaries.
168 (d) At least 80 percent of the developable land within the
169 boundaries of the municipality has been built upon.
170 (4) At the time of the evaluation and appraisal of its
171 comprehensive plan pursuant to s. 163.3191, each exempt
172 municipality shall assess the extent to which it continues to
173 meet the criteria for exemption under subsection (3). If the
174 municipality continues to meet the criteria for exemption under
175 subsection (3), the municipality shall continue to be exempt
176 from the interlocal-agreement requirement. Each municipality
177 exempt under subsection (3) must comply with this section within
178 1 year after the district school board proposes, in its 5-year
179 district facilities work program, a new school within the
180 municipality’s jurisdiction.
181 Section 5. Subsections (3) and (6) of section 163.3178,
182 Florida Statutes, are amended to read:
183 163.3178 Coastal management.—
184 (3) Expansions to port harbors, spoil disposal sites,
185 navigation channels, turning basins, harbor berths, and other
186 related inwater harbor facilities of ports listed in s.
187 403.021(9); port transportation facilities and projects listed
188 in s. 311.07(3)(b); intermodal transportation facilities
189 identified pursuant to s. 311.09(3); and facilities determined
190 by the state land planning agency Department of Community
191 Affairs and applicable general-purpose local government to be
192 port-related industrial or commercial projects located within 3
193 miles of or in a port master plan area which rely upon the use
194 of port and intermodal transportation facilities shall not be
195 designated as developments of regional impact if such
196 expansions, projects, or facilities are consistent with
197 comprehensive master plans that are in compliance with this
198 section.
199 (6) Local governments are encouraged to adopt countywide
200 marina siting plans to designate sites for existing and future
201 marinas. The Coastal Resources Interagency Management Committee,
202 at the direction of the Legislature, shall identify incentives
203 to encourage local governments to adopt such siting plans and
204 uniform criteria and standards to be used by local governments
205 to implement state goals, objectives, and policies relating to
206 marina siting. These criteria must ensure that priority is given
207 to water-dependent land uses. Countywide marina siting plans
208 must be consistent with state and regional environmental
209 planning policies and standards. Each local government in the
210 coastal area which participates in adoption of a countywide
211 marina siting plan shall incorporate the plan into the coastal
212 management element of its local comprehensive plan.
213 Section 6. Paragraph (a) of subsection (1) and paragraphs
214 (a), (i), (j), and (k) of subsection (6) of section 163.3180,
215 Florida Statutes, are amended to read:
216 163.3180 Concurrency.—
217 (1) Sanitary sewer, solid waste, drainage, and potable
218 water are the only public facilities and services subject to the
219 concurrency requirement on a statewide basis. Additional public
220 facilities and services may not be made subject to concurrency
221 on a statewide basis without approval by the Legislature;
222 however, any local government may extend the concurrency
223 requirement so that it applies to additional public facilities
224 within its jurisdiction.
225 (a) If concurrency is applied to other public facilities,
226 the local government comprehensive plan must provide the
227 principles, guidelines, standards, and strategies, including
228 adopted levels of service, to guide its application. In order
229 for a local government to rescind any optional concurrency
230 provisions, a comprehensive plan amendment is required. An
231 amendment rescinding optional concurrency issues shall be
232 processed under the expedited state review process in s.
233 163.3184(3), but the amendment is not subject to state review
234 and is not required to be transmitted to the reviewing agencies
235 for comments, except that the local government shall transmit
236 the amendment to any local government or government agency that
237 has filed a request with the governing body, and for municipal
238 amendments, the amendment shall be transmitted to the county in
239 which the municipality is located. For informational purposes
240 only, a copy of the adopted amendment shall be provided to the
241 state land planning agency. A copy of the adopted amendment
242 shall also be provided to the Department of Transportation if
243 the amendment rescinds transportation concurrency and to the
244 Department of Education if the amendment rescinds school
245 concurrency.
246 (6)(a) Local governments that apply If concurrency is
247 applied to public education facilities, all local governments
248 within a county, except as provided in paragraph (i), shall
249 include principles, guidelines, standards, and strategies,
250 including adopted levels of service, in their comprehensive
251 plans and interlocal agreements. The choice of one or more
252 municipalities to not adopt school concurrency and enter into
253 the interlocal agreement does not preclude implementation of
254 school concurrency within other jurisdictions of the school
255 district if the county and one or more municipalities have
256 adopted school concurrency into their comprehensive plan and
257 interlocal agreement that represents at least 80 percent of the
258 total countywide population, the failure of one or more
259 municipalities to adopt the concurrency and enter into the
260 interlocal agreement does not preclude implementation of school
261 concurrency within jurisdictions of the school district that
262 have opted to implement concurrency. All local government
263 provisions included in comprehensive plans regarding school
264 concurrency within a county must be consistent with each other
265 and as well as the requirements of this part.
266 (i) A municipality is not required to be a signatory to the
267 interlocal agreement required by paragraph (j), as a
268 prerequisite for imposition of school concurrency, and as a
269 nonsignatory, may not participate in the adopted local school
270 concurrency system, if the municipality meets all of the
271 following criteria for having no significant impact on school
272 attendance:
273 1. The municipality has issued development orders for fewer
274 than 50 residential dwelling units during the preceding 5 years,
275 or the municipality has generated fewer than 25 additional
276 public school students during the preceding 5 years.
277 2. The municipality has not annexed new land during the
278 preceding 5 years in land use categories which permit
279 residential uses that will affect school attendance rates.
280 3. The municipality has no public schools located within
281 its boundaries.
282 4. At least 80 percent of the developable land within the
283 boundaries of the municipality has been built upon.
284 (i)(j) When establishing concurrency requirements for
285 public schools, a local government must enter into an interlocal
286 agreement that satisfies the requirements in ss.
287 163.3177(6)(h)1. and 2. and 163.31777 and the requirements of
288 this subsection. The interlocal agreement shall acknowledge both
289 the school board’s constitutional and statutory obligations to
290 provide a uniform system of free public schools on a countywide
291 basis, and the land use authority of local governments,
292 including their authority to approve or deny comprehensive plan
293 amendments and development orders. The interlocal agreement
294 shall meet the following requirements:
295 1. Establish the mechanisms for coordinating the
296 development, adoption, and amendment of each local government’s
297 school concurrency related provisions of the comprehensive plan
298 with each other and the plans of the school board to ensure a
299 uniform districtwide school concurrency system.
300 2. Specify uniform, districtwide level-of-service standards
301 for public schools of the same type and the process for
302 modifying the adopted level-of-service standards.
303 3. Define the geographic application of school concurrency.
304 If school concurrency is to be applied on a less than
305 districtwide basis in the form of concurrency service areas, the
306 agreement shall establish criteria and standards for the
307 establishment and modification of school concurrency service
308 areas. The agreement shall ensure maximum utilization of school
309 capacity, taking into account transportation costs and court
310 approved desegregation plans, as well as other factors.
311 4. Establish a uniform districtwide procedure for
312 implementing school concurrency which provides for:
313 a. The evaluation of development applications for
314 compliance with school concurrency requirements, including
315 information provided by the school board on affected schools,
316 impact on levels of service, and programmed improvements for
317 affected schools and any options to provide sufficient capacity;
318 b. An opportunity for the school board to review and
319 comment on the effect of comprehensive plan amendments and
320 rezonings on the public school facilities plan; and
321 c. The monitoring and evaluation of the school concurrency
322 system.
323 5. A process and uniform methodology for determining
324 proportionate-share mitigation pursuant to paragraph (h).
325 (j)(k) This subsection does not limit the authority of a
326 local government to grant or deny a development permit or its
327 functional equivalent prior to the implementation of school
328 concurrency.
329 Section 7. Paragraphs (b) and (c) of subsection (3),
330 paragraphs (b) and (e) of subsection (4), paragraphs (b), (d),
331 and (e) of subsection (5), paragraph (f) of subsection (6), and
332 subsection (12) of section 163.3184, Florida Statutes, are
333 amended to read:
334 163.3184 Process for adoption of comprehensive plan or plan
335 amendment.—
336 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
337 COMPREHENSIVE PLAN AMENDMENTS.—
338 (b)1. The local government, after the initial public
339 hearing held pursuant to subsection (11), shall transmit within
340 10 calendar days the amendment or amendments and appropriate
341 supporting data and analyses to the reviewing agencies. The
342 local governing body shall also transmit a copy of the
343 amendments and supporting data and analyses to any other local
344 government or governmental agency that has filed a written
345 request with the governing body.
346 2. The reviewing agencies and any other local government or
347 governmental agency specified in subparagraph 1. may provide
348 comments regarding the amendment or amendments to the local
349 government. State agencies shall only comment on important state
350 resources and facilities that will be adversely impacted by the
351 amendment if adopted. Comments provided by state agencies shall
352 state with specificity how the plan amendment will adversely
353 impact an important state resource or facility and shall
354 identify measures the local government may take to eliminate,
355 reduce, or mitigate the adverse impacts. Such comments, if not
356 resolved, may result in a challenge by the state land planning
357 agency to the plan amendment. Agencies and local governments
358 must transmit their comments to the affected local government
359 such that they are received by the local government not later
360 than 30 days after from the date on which the agency or
361 government received the amendment or amendments. Reviewing
362 agencies shall also send a copy of their comments to the state
363 land planning agency.
364 3. Comments to the local government from a regional
365 planning council, county, or municipality shall be limited as
366 follows:
367 a. The regional planning council review and comments shall
368 be limited to adverse effects on regional resources or
369 facilities identified in the strategic regional policy plan and
370 extrajurisdictional impacts that would be inconsistent with the
371 comprehensive plan of any affected local government within the
372 region. A regional planning council may not review and comment
373 on a proposed comprehensive plan amendment prepared by such
374 council unless the plan amendment has been changed by the local
375 government subsequent to the preparation of the plan amendment
376 by the regional planning council.
377 b. County comments shall be in the context of the
378 relationship and effect of the proposed plan amendments on the
379 county plan.
380 c. Municipal comments shall be in the context of the
381 relationship and effect of the proposed plan amendments on the
382 municipal plan.
383 d. Military installation comments shall be provided in
384 accordance with s. 163.3175.
385 4. Comments to the local government from state agencies
386 shall be limited to the following subjects as they relate to
387 important state resources and facilities that will be adversely
388 impacted by the amendment if adopted:
389 a. The Department of Environmental Protection shall limit
390 its comments to the subjects of air and water pollution;
391 wetlands and other surface waters of the state; federal and
392 state-owned lands and interest in lands, including state parks,
393 greenways and trails, and conservation easements; solid waste;
394 water and wastewater treatment; and the Everglades ecosystem
395 restoration.
396 b. The Department of State shall limit its comments to the
397 subjects of historic and archaeological resources.
398 c. The Department of Transportation shall limit its
399 comments to issues within the agency’s jurisdiction as it
400 relates to transportation resources and facilities of state
401 importance.
402 d. The Fish and Wildlife Conservation Commission shall
403 limit its comments to subjects relating to fish and wildlife
404 habitat and listed species and their habitat.
405 e. The Department of Agriculture and Consumer Services
406 shall limit its comments to the subjects of agriculture,
407 forestry, and aquaculture issues.
408 f. The Department of Education shall limit its comments to
409 the subject of public school facilities.
410 g. The appropriate water management district shall limit
411 its comments to flood protection and floodplain management,
412 wetlands and other surface waters, and regional water supply.
413 h. The state land planning agency shall limit its comments
414 to important state resources and facilities outside the
415 jurisdiction of other commenting state agencies and may include
416 comments on countervailing planning policies and objectives
417 served by the plan amendment that should be balanced against
418 potential adverse impacts to important state resources and
419 facilities.
420 (c)1. The local government shall hold its second public
421 hearing, which shall be a hearing on whether to adopt one or
422 more comprehensive plan amendments pursuant to subsection (11).
423 If the local government fails, within 180 days after receipt of
424 agency comments, to hold the second public hearing, the
425 amendments shall be deemed withdrawn unless extended by
426 agreement with notice to the state land planning agency and any
427 affected person that provided comments on the amendment. The
428 180-day limitation does not apply to amendments processed
429 pursuant to s. 380.06.
430 2. All comprehensive plan amendments adopted by the
431 governing body, along with the supporting data and analysis,
432 shall be transmitted within 10 calendar days after the second
433 public hearing to the state land planning agency and any other
434 agency or local government that provided timely comments under
435 subparagraph (b)2.
436 3. The state land planning agency shall notify the local
437 government of any deficiencies within 5 working days after
438 receipt of an amendment package. For purposes of completeness,
439 an amendment shall be deemed complete if it contains a full,
440 executed copy of the adoption ordinance or ordinances; in the
441 case of a text amendment, a full copy of the amended language in
442 legislative format with new words inserted in the text
443 underlined, and words deleted stricken with hyphens; in the case
444 of a future land use map amendment, a copy of the future land
445 use map clearly depicting the parcel, its existing future land
446 use designation, and its adopted designation; and a copy of any
447 data and analyses the local government deems appropriate.
448 4. An amendment adopted under this paragraph does not
449 become effective until 31 days after the state land planning
450 agency notifies the local government that the plan amendment
451 package is complete. If timely challenged, an amendment does not
452 become effective until the state land planning agency or the
453 Administration Commission enters a final order determining the
454 adopted amendment to be in compliance.
455 (4) STATE COORDINATED REVIEW PROCESS.—
456 (b) Local government transmittal of proposed plan or
457 amendment.—Each local governing body proposing a plan or plan
458 amendment specified in paragraph (2)(c) shall transmit the
459 complete proposed comprehensive plan or plan amendment to the
460 reviewing agencies within 10 calendar days after immediately
461 following the first public hearing pursuant to subsection (11).
462 The transmitted document shall clearly indicate on the cover
463 sheet that this plan amendment is subject to the state
464 coordinated review process of this subsection. The local
465 governing body shall also transmit a copy of the complete
466 proposed comprehensive plan or plan amendment to any other unit
467 of local government or government agency in the state that has
468 filed a written request with the governing body for the plan or
469 plan amendment.
470 (e) Local government review of comments; adoption of plan
471 or amendments and transmittal.—
472 1. The local government shall review the report submitted
473 to it by the state land planning agency, if any, and written
474 comments submitted to it by any other person, agency, or
475 government. The local government, upon receipt of the report
476 from the state land planning agency, shall hold its second
477 public hearing, which shall be a hearing to determine whether to
478 adopt the comprehensive plan or one or more comprehensive plan
479 amendments pursuant to subsection (11). If the local government
480 fails to hold the second hearing within 180 days after receipt
481 of the state land planning agency’s report, the amendments shall
482 be deemed withdrawn unless extended by agreement with notice to
483 the state land planning agency and any affected person that
484 provided comments on the amendment. The 180-day limitation does
485 not apply to amendments processed pursuant to s. 380.06.
486 2. All comprehensive plan amendments adopted by the
487 governing body, along with the supporting data and analysis,
488 shall be transmitted within 10 calendar days after the second
489 public hearing to the state land planning agency and any other
490 agency or local government that provided timely comments under
491 paragraph (c).
492 3. The state land planning agency shall notify the local
493 government of any deficiencies within 5 working days after
494 receipt of a plan or plan amendment package. For purposes of
495 completeness, a plan or plan amendment shall be deemed complete
496 if it contains a full, executed copy of the adoption ordinance
497 or ordinances; in the case of a text amendment, a full copy of
498 the amended language in legislative format with new words
499 inserted in the text underlined, and words deleted stricken with
500 hyphens; in the case of a future land use map amendment, a copy
501 of the future land use map clearly depicting the parcel, its
502 existing future land use designation, and its adopted
503 designation; and a copy of any data and analyses the local
504 government deems appropriate.
505 4. After the state land planning agency makes a
506 determination of completeness regarding the adopted plan or plan
507 amendment, the state land planning agency shall have 45 days to
508 determine if the plan or plan amendment is in compliance with
509 this act. Unless the plan or plan amendment is substantially
510 changed from the one commented on, the state land planning
511 agency’s compliance determination shall be limited to objections
512 raised in the objections, recommendations, and comments report.
513 During the period provided for in this subparagraph, the state
514 land planning agency shall issue, through a senior administrator
515 or the secretary, a notice of intent to find that the plan or
516 plan amendment is in compliance or not in compliance. The state
517 land planning agency shall post a copy of the notice of intent
518 on the agency’s Internet website. Publication by the state land
519 planning agency of the notice of intent on the state land
520 planning agency’s Internet site shall be prima facie evidence of
521 compliance with the publication requirements of this
522 subparagraph.
523 5. A plan or plan amendment adopted under the state
524 coordinated review process shall go into effect pursuant to the
525 state land planning agency’s notice of intent. If timely
526 challenged, an amendment does not become effective until the
527 state land planning agency or the Administration Commission
528 enters a final order determining the adopted amendment to be in
529 compliance.
530 (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
531 AMENDMENTS.—
532 (b) The state land planning agency may file a petition with
533 the Division of Administrative Hearings pursuant to ss. 120.569
534 and 120.57, with a copy served on the affected local government,
535 to request a formal hearing to challenge whether the plan or
536 plan amendment is in compliance as defined in paragraph (1)(b).
537 The state land planning agency’s petition must clearly state the
538 reasons for the challenge. Under the expedited state review
539 process, this petition must be filed with the division within 30
540 days after the state land planning agency notifies the local
541 government that the plan amendment package is complete according
542 to subparagraph (3)(c)3. Under the state coordinated review
543 process, this petition must be filed with the division within 45
544 days after the state land planning agency notifies the local
545 government that the plan amendment package is complete according
546 to subparagraph (4)(e)3. (3)(c)3.
547 1. The state land planning agency’s challenge to plan
548 amendments adopted under the expedited state review process
549 shall be limited to the comments provided by the reviewing
550 agencies pursuant to subparagraphs (3)(b)2.-4., upon a
551 determination by the state land planning agency that an
552 important state resource or facility will be adversely impacted
553 by the adopted plan amendment. The state land planning agency’s
554 petition shall state with specificity how the plan amendment
555 will adversely impact the important state resource or facility.
556 The state land planning agency may challenge a plan amendment
557 that has substantially changed from the version on which the
558 agencies provided comments but only upon a determination by the
559 state land planning agency that an important state resource or
560 facility will be adversely impacted.
561 2. If the state land planning agency issues a notice of
562 intent to find the comprehensive plan or plan amendment not in
563 compliance with this act, the notice of intent shall be
564 forwarded to the Division of Administrative Hearings of the
565 Department of Management Services, which shall conduct a
566 proceeding under ss. 120.569 and 120.57 in the county of and
567 convenient to the affected local jurisdiction. The parties to
568 the proceeding shall be the state land planning agency, the
569 affected local government, and any affected person who
570 intervenes. No new issue may be alleged as a reason to find a
571 plan or plan amendment not in compliance in an administrative
572 pleading filed more than 21 days after publication of notice
573 unless the party seeking that issue establishes good cause for
574 not alleging the issue within that time period. Good cause does
575 not include excusable neglect.
576 (d) If the administrative law judge recommends that the
577 amendment be found not in compliance, the judge shall submit the
578 recommended order to the Administration Commission for final
579 agency action. The Administration Commission shall make every
580 effort to enter a final order expeditiously, but at a minimum
581 within the time period provided by s. 120.569 45 days after its
582 receipt of the recommended order.
583 (e) If the administrative law judge recommends that the
584 amendment be found in compliance, the judge shall submit the
585 recommended order to the state land planning agency.
586 1. If the state land planning agency determines that the
587 plan amendment should be found not in compliance, the agency
588 shall make every effort to refer, within 30 days after receipt
589 of the recommended order, the recommended order and its
590 determination expeditiously to the Administration Commission for
591 final agency action, but at a minimum within the time period
592 provided by s. 120.569.
593 2. If the state land planning agency determines that the
594 plan amendment should be found in compliance, the agency shall
595 make every effort to enter its final order expeditiously, but at
596 a minimum within the time period provided by s. 120.569 not
597 later than 30 days after receipt of the recommended order.
598 (6) COMPLIANCE AGREEMENT.—
599 (f) For challenges to amendments adopted under the state
600 coordinated process, the state land planning agency, upon
601 receipt of a plan or plan amendment adopted pursuant to a
602 compliance agreement, shall issue a cumulative notice of intent
603 addressing both the remedial amendment and the plan or plan
604 amendment that was the subject of the agreement within 20 days
605 after receiving a complete plan or plan amendment adopted
606 pursuant to a compliance agreement.
607 1. If the local government adopts a comprehensive plan or
608 plan amendment pursuant to a compliance agreement and a notice
609 of intent to find the plan amendment in compliance is issued,
610 the state land planning agency shall forward the notice of
611 intent to the Division of Administrative Hearings and the
612 administrative law judge shall realign the parties in the
613 pending proceeding under ss. 120.569 and 120.57, which shall
614 thereafter be governed by the process contained in paragraph
615 (5)(a) and subparagraph (5)(c)1., including provisions relating
616 to challenges by an affected person, burden of proof, and issues
617 of a recommended order and a final order. Parties to the
618 original proceeding at the time of realignment may continue as
619 parties without being required to file additional pleadings to
620 initiate a proceeding, but may timely amend their pleadings to
621 raise any challenge to the amendment that is the subject of the
622 cumulative notice of intent, and must otherwise conform to the
623 rules of procedure of the Division of Administrative Hearings.
624 Any affected person not a party to the realigned proceeding may
625 challenge the plan amendment that is the subject of the
626 cumulative notice of intent by filing a petition with the agency
627 as provided in subsection (5). The agency shall forward the
628 petition filed by the affected person not a party to the
629 realigned proceeding to the Division of Administrative Hearings
630 for consolidation with the realigned proceeding. If the
631 cumulative notice of intent is not challenged, the state land
632 planning agency shall request that the Division of
633 Administrative Hearings relinquish jurisdiction to the state
634 land planning agency for issuance of a final order.
635 2. If the local government adopts a comprehensive plan
636 amendment pursuant to a compliance agreement and a notice of
637 intent is issued that finds the plan amendment not in
638 compliance, the state land planning agency shall forward the
639 notice of intent to the Division of Administrative Hearings,
640 which shall consolidate the proceeding with the pending
641 proceeding and immediately set a date for a hearing in the
642 pending proceeding under ss. 120.569 and 120.57. Affected
643 persons who are not a party to the underlying proceeding under
644 ss. 120.569 and 120.57 may challenge the plan amendment adopted
645 pursuant to the compliance agreement by filing a petition
646 pursuant to paragraph (5)(a).
647 (12) CONCURRENT ZONING.— At the request of an applicant, a
648 local government shall consider an application for zoning
649 changes that would be required to properly enact any proposed
650 plan amendment transmitted pursuant to this section subsection.
651 Zoning changes approved by the local government are contingent
652 upon the comprehensive plan or plan amendment transmitted
653 becoming effective.
654 Section 8. Subsection (3) of section 163.3191, Florida
655 Statutes, is amended to read:
656 163.3191 Evaluation and appraisal of comprehensive plan.—
657 (3) Local governments are encouraged to comprehensively
658 evaluate and, as necessary, update comprehensive plans to
659 reflect changes in local conditions. Plan amendments transmitted
660 pursuant to this section shall be reviewed pursuant to in
661 accordance with s. 163.3184(4).
662 Section 9. Subsections (8) through (14) of section
663 163.3245, Florida Statutes, are redesignated as subsections (7)
664 through (13), respectively, and present subsections (1) and (7)
665 of that section are amended to read:
666 163.3245 Sector plans.—
667 (1) In recognition of the benefits of long-range planning
668 for specific areas, local governments or combinations of local
669 governments may adopt into their comprehensive plans a sector
670 plan in accordance with this section. This section is intended
671 to promote and encourage long-term planning for conservation,
672 development, and agriculture on a landscape scale; to further
673 support the intent of s. 163.3177(11), which supports innovative
674 and flexible planning and development strategies, and the
675 purposes of this part and part I of chapter 380; to facilitate
676 protection of regionally significant resources, including, but
677 not limited to, regionally significant water courses and
678 wildlife corridors; and to avoid duplication of effort in terms
679 of the level of data and analysis required for a development of
680 regional impact, while ensuring the adequate mitigation of
681 impacts to applicable regional resources and facilities,
682 including those within the jurisdiction of other local
683 governments, as would otherwise be provided. Sector plans are
684 intended for substantial geographic areas that include at least
685 15,000 acres of one or more local governmental jurisdictions and
686 are to emphasize urban form and protection of regionally
687 significant resources and public facilities. A sector plan may
688 not be adopted in an area of critical state concern.
689 (7) Beginning December 1, 1999, and each year thereafter,
690 the department shall provide a status report to the President of
691 the Senate and the Speaker of the House of Representatives
692 regarding each optional sector plan authorized under this
693 section.
694 Section 10. Paragraph (d) of subsection (2) of section
695 186.002, Florida Statutes, is amended to read:
696 186.002 Findings and intent.—
697 (2) It is the intent of the Legislature that:
698 (d) The state planning process shall be informed and guided
699 by the experience of public officials at all levels of
700 government. In preparing any plans or proposed revisions or
701 amendments required by this chapter, the Governor shall consider
702 the experience of and information provided by local governments
703 in their evaluation and appraisal reports pursuant to s.
704 163.3191.
705 Section 11. Subsection (8) of section 186.007, Florida
706 Statutes, is amended to read:
707 186.007 State comprehensive plan; preparation; revision.—
708 (8) The revision of the state comprehensive plan is a
709 continuing process. Each section of the plan shall be reviewed
710 and analyzed biennially by the Executive Office of the Governor
711 in conjunction with the planning officers of other state
712 agencies significantly affected by the provisions of the
713 particular section under review. In conducting this review and
714 analysis, the Executive Office of the Governor shall review and
715 consider, with the assistance of the state land planning agency
716 and regional planning councils, the evaluation and appraisal
717 reports submitted pursuant to s. 163.3191 and the evaluation and
718 appraisal reports prepared pursuant to s. 186.511. Any necessary
719 revisions of the state comprehensive plan shall be proposed by
720 the Governor in a written report and be accompanied by an
721 explanation of the need for such changes. If the Governor
722 determines that changes are unnecessary, the written report must
723 explain why changes are unnecessary. The proposed revisions and
724 accompanying explanations may be submitted in the report
725 required by s. 186.031. Any proposed revisions to the plan shall
726 be submitted to the Legislature as provided in s. 186.008(2) at
727 least 30 days prior to the regular legislative session occurring
728 in each even-numbered year.
729 Section 12. Subsection (1) of section 186.508, Florida
730 Statutes, is amended to read:
731 186.508 Strategic regional policy plan adoption;
732 consistency with state comprehensive plan.—
733 (1) Each regional planning council shall submit to the
734 Executive Office of the Governor its proposed strategic regional
735 policy plan on a schedule established by the Executive Office of
736 the Governor to coordinate implementation of the strategic
737 regional policy plans with the evaluation and appraisal process
738 reports required by s. 163.3191. The Executive Office of the
739 Governor, or its designee, shall review the proposed strategic
740 regional policy plan to ensure consistency with the adopted
741 state comprehensive plan and shall, within 60 days, provide any
742 recommended revisions. The Governor’s recommended revisions
743 shall be included in the plans in a comment section. However,
744 nothing in this section precludes herein shall preclude a
745 regional planning council from adopting or rejecting any or all
746 of the revisions as a part of its plan before prior to the
747 effective date of the plan. The rules adopting the strategic
748 regional policy plan are shall not be subject to rule challenge
749 under s. 120.56(2) or to drawout proceedings under s.
750 120.54(3)(c)2., but, once adopted, are shall be subject to an
751 invalidity challenge under s. 120.56(3) by substantially
752 affected persons, including the Executive Office of the
753 Governor. The rules shall be adopted by the regional planning
754 councils, and shall become effective upon filing with the
755 Department of State, notwithstanding the provisions of s.
756 120.54(3)(e)6.
757 Section 13. Subsections (2) and (3) of section 189.415,
758 Florida Statutes, are amended to read:
759 189.415 Special district public facilities report.—
760 (2) Each independent special district shall submit to each
761 local general-purpose government in which it is located a public
762 facilities report and an annual notice of any changes. The
763 public facilities report shall specify the following
764 information:
765 (a) A description of existing public facilities owned or
766 operated by the special district, and each public facility that
767 is operated by another entity, except a local general-purpose
768 government, through a lease or other agreement with the special
769 district. This description shall include the current capacity of
770 the facility, the current demands placed upon it, and its
771 location. This information shall be required in the initial
772 report and updated every 7 5 years at least 12 months before
773 prior to the submission date of the evaluation and appraisal
774 notification letter report of the appropriate local government
775 required by s. 163.3191. The department shall post a schedule on
776 its website, based on the evaluation and appraisal notification
777 schedule prepared pursuant to s. 163.3191(5), for use by a
778 special district to determine when its public facilities report
779 and updates to that report are due to the local general-purpose
780 governments in which the special district is located. At least
781 12 months prior to the date on which each special district’s
782 first updated report is due, the department shall notify each
783 independent district on the official list of special districts
784 compiled pursuant to s. 189.4035 of the schedule for submission
785 of the evaluation and appraisal report by each local government
786 within the special district’s jurisdiction.
787 (b) A description of each public facility the district is
788 building, improving, or expanding, or is currently proposing to
789 build, improve, or expand within at least the next 7 5 years,
790 including any facilities that the district is assisting another
791 entity, except a local general-purpose government, to build,
792 improve, or expand through a lease or other agreement with the
793 district. For each public facility identified, the report shall
794 describe how the district currently proposes to finance the
795 facility.
796 (c) If the special district currently proposes to replace
797 any facilities identified in paragraph (a) or paragraph (b)
798 within the next 10 years, the date when such facility will be
799 replaced.
800 (d) The anticipated time the construction, improvement, or
801 expansion of each facility will be completed.
802 (e) The anticipated capacity of and demands on each public
803 facility when completed. In the case of an improvement or
804 expansion of a public facility, both the existing and
805 anticipated capacity must be listed.
806 (3) A special district proposing to build, improve, or
807 expand a public facility which requires a certificate of need
808 pursuant to chapter 408 shall elect to notify the appropriate
809 local general-purpose government of its plans either in its 7
810 year 5-year plan or at the time the letter of intent is filed
811 with the Agency for Health Care Administration pursuant to s.
812 408.039.
813 Section 14. Subsection (5) of section 288.975, Florida
814 Statutes, is amended to read:
815 288.975 Military base reuse plans.—
816 (5) At the discretion of the host local government, the
817 provisions of this act may be complied with through the adoption
818 of the military base reuse plan as a separate component of the
819 local government comprehensive plan or through simultaneous
820 amendments to all pertinent portions of the local government
821 comprehensive plan. Once adopted and approved in accordance with
822 this section, the military base reuse plan shall be considered
823 to be part of the host local government’s comprehensive plan and
824 shall be thereafter implemented, amended, and reviewed pursuant
825 to in accordance with the provisions of part II of chapter 163.
826 Local government comprehensive plan amendments necessary to
827 initially adopt the military base reuse plan shall be exempt
828 from the limitation on the frequency of plan amendments
829 contained in s. 163.3187(1).
830 Section 15. Paragraph (b) of subsection (6), paragraph (e)
831 of subsection (19), paragraphs (l) and (q) of subsection (24),
832 and paragraph (b) of subsection (29) of section 380.06, Florida
833 Statutes, are amended to read:
834 380.06 Developments of regional impact.—
835 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
836 PLAN AMENDMENTS.—
837 (b) Any local government comprehensive plan amendments
838 related to a proposed development of regional impact, including
839 any changes proposed under subsection (19), may be initiated by
840 a local planning agency or the developer and must be considered
841 by the local governing body at the same time as the application
842 for development approval using the procedures provided for local
843 plan amendment in s. 163.3184 163.3187 and applicable local
844 ordinances, without regard to local limits on the frequency of
845 consideration of amendments to the local comprehensive plan.
846 This paragraph does not require favorable consideration of a
847 plan amendment solely because it is related to a development of
848 regional impact. The procedure for processing such comprehensive
849 plan amendments is as follows:
850 1. If a developer seeks a comprehensive plan amendment
851 related to a development of regional impact, the developer must
852 so notify in writing the regional planning agency, the
853 applicable local government, and the state land planning agency
854 no later than the date of preapplication conference or the
855 submission of the proposed change under subsection (19).
856 2. When filing the application for development approval or
857 the proposed change, the developer must include a written
858 request for comprehensive plan amendments that would be
859 necessitated by the development-of-regional-impact approvals
860 sought. That request must include data and analysis upon which
861 the applicable local government can determine whether to
862 transmit the comprehensive plan amendment pursuant to s.
863 163.3184.
864 3. The local government must advertise a public hearing on
865 the transmittal within 30 days after filing the application for
866 development approval or the proposed change and must make a
867 determination on the transmittal within 60 days after the
868 initial filing unless that time is extended by the developer.
869 4. If the local government approves the transmittal,
870 procedures set forth in s. 163.3184 163.3184(4)(b)-(d) must be
871 followed.
872 5. Notwithstanding subsection (11) or subsection (19), the
873 local government may not hold a public hearing on the
874 application for development approval or the proposed change or
875 on the comprehensive plan amendments sooner than 30 days after
876 reviewing agency comments are due to the local government from
877 receipt of the response from the state land planning agency
878 pursuant to s. 163.3184 163.3184(4)(d).
879 6. The local government must hear both the application for
880 development approval or the proposed change and the
881 comprehensive plan amendments at the same hearing. However, the
882 local government must take action separately on the application
883 for development approval or the proposed change and on the
884 comprehensive plan amendments.
885 7. Thereafter, the appeal process for the local government
886 development order must follow the provisions of s. 380.07, and
887 the compliance process for the comprehensive plan amendments
888 must follow the provisions of s. 163.3184.
889 (19) SUBSTANTIAL DEVIATIONS.—
890 (e)1. Except for a development order rendered pursuant to
891 subsection (22) or subsection (25), a proposed change to a
892 development order that individually or cumulatively with any
893 previous change is less than any numerical criterion contained
894 in subparagraphs (b)1.-10. and does not exceed any other
895 criterion, or that involves an extension of the buildout date of
896 a development, or any phase thereof, of less than 5 years is not
897 subject to the public hearing requirements of subparagraph
898 (f)3., and is not subject to a determination pursuant to
899 subparagraph (f)5. Notice of the proposed change shall be made
900 to the regional planning council and the state land planning
901 agency. Such notice shall include a description of previous
902 individual changes made to the development, including changes
903 previously approved by the local government, and shall include
904 appropriate amendments to the development order.
905 2. The following changes, individually or cumulatively with
906 any previous changes, are not substantial deviations:
907 a. Changes in the name of the project, developer, owner, or
908 monitoring official.
909 b. Changes to a setback that do not affect noise buffers,
910 environmental protection or mitigation areas, or archaeological
911 or historical resources.
912 c. Changes to minimum lot sizes.
913 d. Changes in the configuration of internal roads that do
914 not affect external access points.
915 e. Changes to the building design or orientation that stay
916 approximately within the approved area designated for such
917 building and parking lot, and which do not affect historical
918 buildings designated as significant by the Division of
919 Historical Resources of the Department of State.
920 f. Changes to increase the acreage in the development,
921 provided that no development is proposed on the acreage to be
922 added.
923 g. Changes to eliminate an approved land use, provided that
924 there are no additional regional impacts.
925 h. Changes required to conform to permits approved by any
926 federal, state, or regional permitting agency, provided that
927 these changes do not create additional regional impacts.
928 i. Any renovation or redevelopment of development within a
929 previously approved development of regional impact which does
930 not change land use or increase density or intensity of use.
931 j. Changes that modify boundaries and configuration of
932 areas described in subparagraph (b)11. due to science-based
933 refinement of such areas by survey, by habitat evaluation, by
934 other recognized assessment methodology, or by an environmental
935 assessment. In order for changes to qualify under this sub
936 subparagraph, the survey, habitat evaluation, or assessment must
937 occur prior to the time a conservation easement protecting such
938 lands is recorded and must not result in any net decrease in the
939 total acreage of the lands specifically set aside for permanent
940 preservation in the final development order.
941 k. Any other change which the state land planning agency,
942 in consultation with the regional planning council, agrees in
943 writing is similar in nature, impact, or character to the
944 changes enumerated in sub-subparagraphs a.-j. and which does not
945 create the likelihood of any additional regional impact.
946
947 This subsection does not require the filing of a notice of
948 proposed change but shall require an application to the local
949 government to amend the development order in accordance with the
950 local government’s procedures for amendment of a development
951 order. In accordance with the local government’s procedures,
952 including requirements for notice to the applicant and the
953 public, the local government shall either deny the application
954 for amendment or adopt an amendment to the development order
955 which approves the application with or without conditions.
956 Following adoption, the local government shall render to the
957 state land planning agency the amendment to the development
958 order. The state land planning agency may appeal, pursuant to s.
959 380.07(3), the amendment to the development order if the
960 amendment involves sub-subparagraph g., sub-subparagraph h.,
961 sub-subparagraph j., or sub-subparagraph k., and it believes the
962 change creates a reasonable likelihood of new or additional
963 regional impacts.
964 3. Except for the change authorized by sub-subparagraph
965 2.f., any addition of land not previously reviewed or any change
966 not specified in paragraph (b) or paragraph (c) shall be
967 presumed to create a substantial deviation. This presumption may
968 be rebutted by clear and convincing evidence.
969 4. Any submittal of a proposed change to a previously
970 approved development shall include a description of individual
971 changes previously made to the development, including changes
972 previously approved by the local government. The local
973 government shall consider the previous and current proposed
974 changes in deciding whether such changes cumulatively constitute
975 a substantial deviation requiring further development-of
976 regional-impact review.
977 5. The following changes to an approved development of
978 regional impact shall be presumed to create a substantial
979 deviation. Such presumption may be rebutted by clear and
980 convincing evidence.
981 a. A change proposed for 15 percent or more of the acreage
982 to a land use not previously approved in the development order.
983 Changes of less than 15 percent shall be presumed not to create
984 a substantial deviation.
985 b. Notwithstanding any provision of paragraph (b) to the
986 contrary, a proposed change consisting of simultaneous increases
987 and decreases of at least two of the uses within an authorized
988 multiuse development of regional impact which was originally
989 approved with three or more uses specified in s. 380.0651(3)(c)
990 and (d) 380.0651(3)(c), (d), and (e) and residential use.
991 6. If a local government agrees to a proposed change, a
992 change in the transportation proportionate share calculation and
993 mitigation plan in an adopted development order as a result of
994 recalculation of the proportionate share contribution meeting
995 the requirements of s. 163.3180(5)(h) in effect as of the date
996 of such change shall be presumed not to create a substantial
997 deviation. For purposes of this subsection, the proposed change
998 in the proportionate share calculation or mitigation plan shall
999 not be considered an additional regional transportation impact.
1000 (24) STATUTORY EXEMPTIONS.—
1001 (l) Any proposed development within an urban service
1002 boundary established under s. 163.3177(14), Florida Statutes
1003 2010, which is not otherwise exempt pursuant to subsection (29),
1004 is exempt from this section if the local government having
1005 jurisdiction over the area where the development is proposed has
1006 adopted the urban service boundary and has entered into a
1007 binding agreement with jurisdictions that would be impacted and
1008 with the Department of Transportation regarding the mitigation
1009 of impacts on state and regional transportation facilities.
1010 (q) Any development identified in an airport master plan
1011 and adopted into the comprehensive plan pursuant to s.
1012 163.3177(6)(b)4. 163.3177(6)(k) is exempt from this section.
1013
1014 If a use is exempt from review as a development of regional
1015 impact under paragraphs (a)-(u), but will be part of a larger
1016 project that is subject to review as a development of regional
1017 impact, the impact of the exempt use must be included in the
1018 review of the larger project, unless such exempt use involves a
1019 development of regional impact that includes a landowner,
1020 tenant, or user that has entered into a funding agreement with
1021 the Department of Economic Opportunity under the Innovation
1022 Incentive Program and the agreement contemplates a state award
1023 of at least $50 million.
1024 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
1025 (b) If a municipality that does not qualify as a dense
1026 urban land area pursuant to paragraph (a) s. 163.3164 designates
1027 any of the following areas in its comprehensive plan, any
1028 proposed development within the designated area is exempt from
1029 the development-of-regional-impact process:
1030 1. Urban infill as defined in s. 163.3164;
1031 2. Community redevelopment areas as defined in s. 163.340;
1032 3. Downtown revitalization areas as defined in s. 163.3164;
1033 4. Urban infill and redevelopment under s. 163.2517; or
1034 5. Urban service areas as defined in s. 163.3164 or areas
1035 within a designated urban service boundary under s.
1036 163.3177(14).
1037 Section 16. Subsection (1) of section 380.115, Florida
1038 Statutes, is amended to read:
1039 380.115 Vested rights and duties; effect of size reduction,
1040 changes in guidelines and standards.—
1041 (1) A change in a development-of-regional-impact guideline
1042 and standard does not abridge or modify any vested or other
1043 right or any duty or obligation pursuant to any development
1044 order or agreement that is applicable to a development of
1045 regional impact. A development that has received a development
1046 of-regional-impact development order pursuant to s. 380.06, but
1047 is no longer required to undergo development-of-regional-impact
1048 review by operation of a change in the guidelines and standards
1049 or has reduced its size below the thresholds in s. 380.0651, or
1050 a development that is exempt pursuant to s. 380.06(24) or (29)
1051 shall be governed by the following procedures:
1052 (a) The development shall continue to be governed by the
1053 development-of-regional-impact development order and may be
1054 completed in reliance upon and pursuant to the development order
1055 unless the developer or landowner has followed the procedures
1056 for rescission in paragraph (b). Any proposed changes to those
1057 developments which continue to be governed by a development
1058 order shall be approved pursuant to s. 380.06(19) as it existed
1059 prior to a change in the development-of-regional-impact
1060 guidelines and standards, except that all percentage criteria
1061 shall be doubled and all other criteria shall be increased by 10
1062 percent. The development-of-regional-impact development order
1063 may be enforced by the local government as provided by ss.
1064 380.06(17) and 380.11.
1065 (b) If requested by the developer or landowner, the
1066 development-of-regional-impact development order shall be
1067 rescinded by the local government having jurisdiction upon a
1068 showing that all required mitigation related to the amount of
1069 development that existed on the date of rescission has been
1070 completed.
1071 Section 17. Section 1013.33, Florida Statutes, is amended
1072 to read:
1073 1013.33 Coordination of planning with local governing
1074 bodies.—
1075 (1) It is the policy of this state to require the
1076 coordination of planning between boards and local governing
1077 bodies to ensure that plans for the construction and opening of
1078 public educational facilities are facilitated and coordinated in
1079 time and place with plans for residential development,
1080 concurrently with other necessary services. Such planning shall
1081 include the integration of the educational facilities plan and
1082 applicable policies and procedures of a board with the local
1083 comprehensive plan and land development regulations of local
1084 governments. The planning must include the consideration of
1085 allowing students to attend the school located nearest their
1086 homes when a new housing development is constructed near a
1087 county boundary and it is more feasible to transport the
1088 students a short distance to an existing facility in an adjacent
1089 county than to construct a new facility or transport students
1090 longer distances in their county of residence. The planning must
1091 also consider the effects of the location of public education
1092 facilities, including the feasibility of keeping central city
1093 facilities viable, in order to encourage central city
1094 redevelopment and the efficient use of infrastructure and to
1095 discourage uncontrolled urban sprawl. In addition, all parties
1096 to the planning process must consult with state and local road
1097 departments to assist in implementing the Safe Paths to Schools
1098 program administered by the Department of Transportation.
1099 (2)(a) The school board, county, and nonexempt
1100 municipalities located within the geographic area of a school
1101 district shall enter into an interlocal agreement according to
1102 s. 163.31777 that jointly establishes the specific ways in which
1103 the plans and processes of the district school board and the
1104 local governments are to be coordinated. The interlocal
1105 agreements shall be submitted to the state land planning agency
1106 and the Office of Educational Facilities in accordance with a
1107 schedule published by the state land planning agency.
1108 (b) The schedule must establish staggered due dates for
1109 submission of interlocal agreements that are executed by both
1110 the local government and district school board, commencing on
1111 March 1, 2003, and concluding by December 1, 2004, and must set
1112 the same date for all governmental entities within a school
1113 district. However, if the county where the school district is
1114 located contains more than 20 municipalities, the state land
1115 planning agency may establish staggered due dates for the
1116 submission of interlocal agreements by these municipalities. The
1117 schedule must begin with those areas where both the number of
1118 districtwide capital-outlay full-time-equivalent students equals
1119 80 percent or more of the current year’s school capacity and the
1120 projected 5-year student growth rate is 1,000 or greater, or
1121 where the projected 5-year student growth rate is 10 percent or
1122 greater.
1123 (c) If the student population has declined over the 5-year
1124 period preceding the due date for submittal of an interlocal
1125 agreement by the local government and the district school board,
1126 the local government and district school board may petition the
1127 state land planning agency for a waiver of one or more of the
1128 requirements of subsection (3). The waiver must be granted if
1129 the procedures called for in subsection (3) are unnecessary
1130 because of the school district’s declining school age
1131 population, considering the district’s 5-year work program
1132 prepared pursuant to s. 1013.35. The state land planning agency
1133 may modify or revoke the waiver upon a finding that the
1134 conditions upon which the waiver was granted no longer exist.
1135 The district school board and local governments must submit an
1136 interlocal agreement within 1 year after notification by the
1137 state land planning agency that the conditions for a waiver no
1138 longer exist.
1139 (d) Interlocal agreements between local governments and
1140 district school boards adopted pursuant to s. 163.3177 before
1141 the effective date of subsections (2)-(7) must be updated and
1142 executed pursuant to the requirements of subsections (2)-(7), if
1143 necessary. Amendments to interlocal agreements adopted pursuant
1144 to subsections (2)-(7) must be submitted to the state land
1145 planning agency within 30 days after execution by the parties
1146 for review consistent with subsections (3) and (4). Local
1147 governments and the district school board in each school
1148 district are encouraged to adopt a single interlocal agreement
1149 in which all join as parties. The state land planning agency
1150 shall assemble and make available model interlocal agreements
1151 meeting the requirements of subsections (2)-(7) and shall notify
1152 local governments and, jointly with the Department of Education,
1153 the district school boards of the requirements of subsections
1154 (2)-(7), the dates for compliance, and the sanctions for
1155 noncompliance. The state land planning agency shall be available
1156 to informally review proposed interlocal agreements. If the
1157 state land planning agency has not received a proposed
1158 interlocal agreement for informal review, the state land
1159 planning agency shall, at least 60 days before the deadline for
1160 submission of the executed agreement, renotify the local
1161 government and the district school board of the upcoming
1162 deadline and the potential for sanctions.
1163 (3) At a minimum, the interlocal agreement must address
1164 interlocal agreement requirements in s. 163.31777 and, if
1165 applicable, s. 163.3180(6), and must address the following
1166 issues:
1167 (a) A process by which each local government and the
1168 district school board agree and base their plans on consistent
1169 projections of the amount, type, and distribution of population
1170 growth and student enrollment. The geographic distribution of
1171 jurisdiction-wide growth forecasts is a major objective of the
1172 process.
1173 (b) A process to coordinate and share information relating
1174 to existing and planned public school facilities, including
1175 school renovations and closures, and local government plans for
1176 development and redevelopment.
1177 (c) Participation by affected local governments with the
1178 district school board in the process of evaluating potential
1179 school closures, significant renovations to existing schools,
1180 and new school site selection before land acquisition. Local
1181 governments shall advise the district school board as to the
1182 consistency of the proposed closure, renovation, or new site
1183 with the local comprehensive plan, including appropriate
1184 circumstances and criteria under which a district school board
1185 may request an amendment to the comprehensive plan for school
1186 siting.
1187 (d) A process for determining the need for and timing of
1188 onsite and offsite improvements to support new construction,
1189 proposed expansion, or redevelopment of existing schools. The
1190 process shall address identification of the party or parties
1191 responsible for the improvements.
1192 (e) A process for the school board to inform the local
1193 government regarding the effect of comprehensive plan amendments
1194 on school capacity. The capacity reporting must be consistent
1195 with laws and rules regarding measurement of school facility
1196 capacity and must also identify how the district school board
1197 will meet the public school demand based on the facilities work
1198 program adopted pursuant to s. 1013.35.
1199 (f) Participation of the local governments in the
1200 preparation of the annual update to the school board’s 5-year
1201 district facilities work program and educational plant survey
1202 prepared pursuant to s. 1013.35.
1203 (g) A process for determining where and how joint use of
1204 either school board or local government facilities can be shared
1205 for mutual benefit and efficiency.
1206 (h) A procedure for the resolution of disputes between the
1207 district school board and local governments, which may include
1208 the dispute resolution processes contained in chapters 164 and
1209 186.
1210 (i) An oversight process, including an opportunity for
1211 public participation, for the implementation of the interlocal
1212 agreement.
1213 (4)(a) The Office of Educational Facilities shall submit
1214 any comments or concerns regarding the executed interlocal
1215 agreement to the state land planning agency within 30 days after
1216 receipt of the executed interlocal agreement. The state land
1217 planning agency shall review the executed interlocal agreement
1218 to determine whether it is consistent with the requirements of
1219 subsection (3), the adopted local government comprehensive plan,
1220 and other requirements of law. Within 60 days after receipt of
1221 an executed interlocal agreement, the state land planning agency
1222 shall publish a notice of intent in the Florida Administrative
1223 Weekly and shall post a copy of the notice on the agency’s
1224 Internet site. The notice of intent must state that the
1225 interlocal agreement is consistent or inconsistent with the
1226 requirements of subsection (3) and this subsection as
1227 appropriate.
1228 (b) The state land planning agency’s notice is subject to
1229 challenge under chapter 120; however, an affected person, as
1230 defined in s. 163.3184(1)(a), has standing to initiate the
1231 administrative proceeding, and this proceeding is the sole means
1232 available to challenge the consistency of an interlocal
1233 agreement required by this section with the criteria contained
1234 in subsection (3) and this subsection. In order to have
1235 standing, each person must have submitted oral or written
1236 comments, recommendations, or objections to the local government
1237 or the school board before the adoption of the interlocal
1238 agreement by the district school board and local government. The
1239 district school board and local governments are parties to any
1240 such proceeding. In this proceeding, when the state land
1241 planning agency finds the interlocal agreement to be consistent
1242 with the criteria in subsection (3) and this subsection, the
1243 interlocal agreement must be determined to be consistent with
1244 subsection (3) and this subsection if the local government’s and
1245 school board’s determination of consistency is fairly debatable.
1246 When the state land planning agency finds the interlocal
1247 agreement to be inconsistent with the requirements of subsection
1248 (3) and this subsection, the local government’s and school
1249 board’s determination of consistency shall be sustained unless
1250 it is shown by a preponderance of the evidence that the
1251 interlocal agreement is inconsistent.
1252 (c) If the state land planning agency enters a final order
1253 that finds that the interlocal agreement is inconsistent with
1254 the requirements of subsection (3) or this subsection, the state
1255 land planning agency shall forward it to the Administration
1256 Commission, which may impose sanctions against the local
1257 government pursuant to s. 163.3184(11) and may impose sanctions
1258 against the district school board by directing the Department of
1259 Education to withhold an equivalent amount of funds for school
1260 construction available pursuant to ss. 1013.65, 1013.68,
1261 1013.70, and 1013.72.
1262 (5) If an executed interlocal agreement is not timely
1263 submitted to the state land planning agency for review, the
1264 state land planning agency shall, within 15 working days after
1265 the deadline for submittal, issue to the local government and
1266 the district school board a notice to show cause why sanctions
1267 should not be imposed for failure to submit an executed
1268 interlocal agreement by the deadline established by the agency.
1269 The agency shall forward the notice and the responses to the
1270 Administration Commission, which may enter a final order citing
1271 the failure to comply and imposing sanctions against the local
1272 government and district school board by directing the
1273 appropriate agencies to withhold at least 5 percent of state
1274 funds pursuant to s. 163.3184(11) and by directing the
1275 Department of Education to withhold from the district school
1276 board at least 5 percent of funds for school construction
1277 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
1278 1013.72.
1279 (6) Any local government transmitting a public school
1280 element to implement school concurrency pursuant to the
1281 requirements of s. 163.3180 before the effective date of this
1282 section is not required to amend the element or any interlocal
1283 agreement to conform with the provisions of subsections (2)-(6)
1284 if the element is adopted prior to or within 1 year after the
1285 effective date of subsections (2)-(6) and remains in effect.
1286 (3)(7) A board and the local governing body must share and
1287 coordinate information related to existing and planned school
1288 facilities; proposals for development, redevelopment, or
1289 additional development; and infrastructure required to support
1290 the school facilities, concurrent with proposed development. A
1291 school board shall use information produced by the demographic,
1292 revenue, and education estimating conferences pursuant to s.
1293 216.136 when preparing the district educational facilities plan
1294 pursuant to s. 1013.35, as modified and agreed to by the local
1295 governments, when provided by interlocal agreement, and the
1296 Office of Educational Facilities, in consideration of local
1297 governments’ population projections, to ensure that the district
1298 educational facilities plan not only reflects enrollment
1299 projections but also considers applicable municipal and county
1300 growth and development projections. The projections must be
1301 apportioned geographically with assistance from the local
1302 governments using local government trend data and the school
1303 district student enrollment data. A school board is precluded
1304 from siting a new school in a jurisdiction where the school
1305 board has failed to provide the annual educational facilities
1306 plan for the prior year required pursuant to s. 1013.35 unless
1307 the failure is corrected.
1308 (4)(8) The location of educational facilities shall be
1309 consistent with the comprehensive plan of the appropriate local
1310 governing body developed under part II of chapter 163 and
1311 consistent with the plan’s implementing land development
1312 regulations.
1313 (5)(9) To improve coordination relative to potential
1314 educational facility sites, a board shall provide written notice
1315 to the local government that has regulatory authority over the
1316 use of the land consistent with an interlocal agreement entered
1317 pursuant to s. 163.31777subsections (2)-(6) at least 60 days
1318 prior to acquiring or leasing property that may be used for a
1319 new public educational facility. The local government, upon
1320 receipt of this notice, shall notify the board within 45 days if
1321 the site proposed for acquisition or lease is consistent with
1322 the land use categories and policies of the local government’s
1323 comprehensive plan. This preliminary notice does not constitute
1324 the local government’s determination of consistency pursuant to
1325 subsection (6)(10).
1326 (6)(10) As early in the design phase as feasible and
1327 consistent with an interlocal agreement entered pursuant to s.
1328 163.31777subsections (2)-(6), but no later than 90 days before
1329 commencing construction, the district school board shall in
1330 writing request a determination of consistency with the local
1331 government’s comprehensive plan. The local governing body that
1332 regulates the use of land shall determine, in writing within 45
1333 days after receiving the necessary information and a school
1334 board’s request for a determination, whether a proposed
1335 educational facility is consistent with the local comprehensive
1336 plan and consistent with local land development regulations. If
1337 the determination is affirmative, school construction may
1338 commence and further local government approvals are not
1339 required, except as provided in this section. Failure of the
1340 local governing body to make a determination in writing within
1341 90 days after a district school board’s request for a
1342 determination of consistency shall be considered an approval of
1343 the district school board’s application. Campus master plans and
1344 development agreements must comply with the provisions of s.
1345 1013.30.
1346 (7)(11) A local governing body may not deny the site
1347 applicant based on adequacy of the site plan as it relates
1348 solely to the needs of the school. If the site is consistent
1349 with the comprehensive plan’s land use policies and categories
1350 in which public schools are identified as allowable uses, the
1351 local government may not deny the application but it may impose
1352 reasonable development standards and conditions in accordance
1353 with s. 1013.51(1) and consider the site plan and its adequacy
1354 as it relates to environmental concerns, health, safety and
1355 welfare, and effects on adjacent property. Standards and
1356 conditions may not be imposed which conflict with those
1357 established in this chapter or the Florida Building Code, unless
1358 mutually agreed and consistent with the interlocal agreement
1359 required by s. 163.31777subsections (2)-(6).
1360 (8)(12) This section does not prohibit a local governing
1361 body and district school board from agreeing and establishing an
1362 alternative process for reviewing a proposed educational
1363 facility and site plan, and offsite impacts, pursuant to an
1364 interlocal agreement adopted in accordance with s.
1365 163.31777subsections (2)-(6).
1366 (9)(13) Existing schools shall be considered consistent
1367 with the applicable local government comprehensive plan adopted
1368 under part II of chapter 163. If a board submits an application
1369 to expand an existing school site, the local governing body may
1370 impose reasonable development standards and conditions on the
1371 expansion only, and in a manner consistent with s. 1013.51(1).
1372 Standards and conditions may not be imposed which conflict with
1373 those established in this chapter or the Florida Building Code,
1374 unless mutually agreed. Local government review or approval is
1375 not required for:
1376 (a) The placement of temporary or portable classroom
1377 facilities; or
1378 (b) Proposed renovation or construction on existing school
1379 sites, with the exception of construction that changes the
1380 primary use of a facility, includes stadiums, or results in a
1381 greater than 5 percent increase in student capacity, or as
1382 mutually agreed upon, pursuant to an interlocal agreement
1383 adopted in accordance with s. 163.31777subsections (2)-(6).
1384 Section 18. Paragraph (b) of subsection (2) of section
1385 1013.35, Florida Statutes, is amended to read:
1386 1013.35 School district educational facilities plan;
1387 definitions; preparation, adoption, and amendment; long-term
1388 work programs.—
1389 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
1390 FACILITIES PLAN.—
1391 (b) The plan must also include a financially feasible
1392 district facilities work program for a 5-year period. The work
1393 program must include:
1394 1. A schedule of major repair and renovation projects
1395 necessary to maintain the educational facilities and ancillary
1396 facilities of the district.
1397 2. A schedule of capital outlay projects necessary to
1398 ensure the availability of satisfactory student stations for the
1399 projected student enrollment in K-12 programs. This schedule
1400 shall consider:
1401 a. The locations, capacities, and planned utilization rates
1402 of current educational facilities of the district. The capacity
1403 of existing satisfactory facilities, as reported in the Florida
1404 Inventory of School Houses must be compared to the capital
1405 outlay full-time-equivalent student enrollment as determined by
1406 the department, including all enrollment used in the calculation
1407 of the distribution formula in s. 1013.64.
1408 b. The proposed locations of planned facilities, whether
1409 those locations are consistent with the comprehensive plans of
1410 all affected local governments, and recommendations for
1411 infrastructure and other improvements to land adjacent to
1412 existing facilities. The provisions of ss. 1013.33(6)(10),
1413 (7)(11), and (8)(12) and 1013.36 must be addressed for new
1414 facilities planned within the first 3 years of the work plan, as
1415 appropriate.
1416 c. Plans for the use and location of relocatable
1417 facilities, leased facilities, and charter school facilities.
1418 d. Plans for multitrack scheduling, grade level
1419 organization, block scheduling, or other alternatives that
1420 reduce the need for additional permanent student stations.
1421 e. Information concerning average class size and
1422 utilization rate by grade level within the district which will
1423 result if the tentative district facilities work program is
1424 fully implemented.
1425 f. The number and percentage of district students planned
1426 to be educated in relocatable facilities during each year of the
1427 tentative district facilities work program. For determining
1428 future needs, student capacity may not be assigned to any
1429 relocatable classroom that is scheduled for elimination or
1430 replacement with a permanent educational facility in the current
1431 year of the adopted district educational facilities plan and in
1432 the district facilities work program adopted under this section.
1433 Those relocatable classrooms clearly identified and scheduled
1434 for replacement in a school-board-adopted, financially feasible,
1435 5-year district facilities work program shall be counted at zero
1436 capacity at the time the work program is adopted and approved by
1437 the school board. However, if the district facilities work
1438 program is changed and the relocatable classrooms are not
1439 replaced as scheduled in the work program, the classrooms must
1440 be reentered into the system and be counted at actual capacity.
1441 Relocatable classrooms may not be perpetually added to the work
1442 program or continually extended for purposes of circumventing
1443 this section. All relocatable classrooms not identified and
1444 scheduled for replacement, including those owned, lease
1445 purchased, or leased by the school district, must be counted at
1446 actual student capacity. The district educational facilities
1447 plan must identify the number of relocatable student stations
1448 scheduled for replacement during the 5-year survey period and
1449 the total dollar amount needed for that replacement.
1450 g. Plans for the closure of any school, including plans for
1451 disposition of the facility or usage of facility space, and
1452 anticipated revenues.
1453 h. Projects for which capital outlay and debt service funds
1454 accruing under s. 9(d), Art. XII of the State Constitution are
1455 to be used shall be identified separately in priority order on a
1456 project priority list within the district facilities work
1457 program.
1458 3. The projected cost for each project identified in the
1459 district facilities work program. For proposed projects for new
1460 student stations, a schedule shall be prepared comparing the
1461 planned cost and square footage for each new student station, by
1462 elementary, middle, and high school levels, to the low, average,
1463 and high cost of facilities constructed throughout the state
1464 during the most recent fiscal year for which data is available
1465 from the Department of Education.
1466 4. A schedule of estimated capital outlay revenues from
1467 each currently approved source which is estimated to be
1468 available for expenditure on the projects included in the
1469 district facilities work program.
1470 5. A schedule indicating which projects included in the
1471 district facilities work program will be funded from current
1472 revenues projected in subparagraph 4.
1473 6. A schedule of options for the generation of additional
1474 revenues by the district for expenditure on projects identified
1475 in the district facilities work program which are not funded
1476 under subparagraph 5. Additional anticipated revenues may
1477 include effort index grants, SIT Program awards, and Classrooms
1478 First funds.
1479 Section 19. Subsections (3), (5), (6), (7), (8), (9), (10),
1480 and (11) of section 1013.351, Florida Statutes, are amended to
1481 read:
1482 1013.351 Coordination of planning between the Florida
1483 School for the Deaf and the Blind and local governing bodies.—
1484 (3) The board of trustees and the municipality in which the
1485 school is located may enter into an interlocal agreement to
1486 establish the specific ways in which the plans and processes of
1487 the board of trustees and the local government are to be
1488 coordinated. If the school and local government enter into an
1489 interlocal agreement, the agreement must be submitted to the
1490 state land planning agency and the Office of Educational
1491 Facilities.
1492 (5)(a) The Office of Educational Facilities shall submit
1493 any comments or concerns regarding the executed interlocal
1494 agreements to the state land planning agency no later than 30
1495 days after receipt of the executed interlocal agreements. The
1496 state land planning agency shall review the executed interlocal
1497 agreements to determine whether they are consistent with the
1498 requirements of subsection (4), the adopted local government
1499 comprehensive plans, and other requirements of law. Not later
1500 than 60 days after receipt of an executed interlocal agreement,
1501 the state land planning agency shall publish a notice of intent
1502 in the Florida Administrative Weekly. The notice of intent must
1503 state that the interlocal agreement is consistent or
1504 inconsistent with the requirements of subsection (4) and this
1505 subsection as appropriate.
1506 (b)1. The state land planning agency’s notice is subject to
1507 challenge under chapter 120. However, an affected person, as
1508 defined in s. 163.3184, has standing to initiate the
1509 administrative proceeding, and this proceeding is the sole means
1510 available to challenge the consistency of an interlocal
1511 agreement with the criteria contained in subsection (4) and this
1512 subsection. In order to have standing, a person must have
1513 submitted oral or written comments, recommendations, or
1514 objections to the appropriate local government or the board of
1515 trustees before the adoption of the interlocal agreement by the
1516 board of trustees and local government. The board of trustees
1517 and the appropriate local government are parties to any such
1518 proceeding.
1519 2. In the administrative proceeding, if the state land
1520 planning agency finds the interlocal agreement to be consistent
1521 with the criteria in subsection (4) and this subsection, the
1522 interlocal agreement must be determined to be consistent with
1523 subsection (4) and this subsection if the local government and
1524 board of trustees is fairly debatable.
1525 3. If the state land planning agency finds the interlocal
1526 agreement to be inconsistent with the requirements of subsection
1527 (4) and this subsection, the determination of consistency by the
1528 local government and board of trustees shall be sustained unless
1529 it is shown by a preponderance of the evidence that the
1530 interlocal agreement is inconsistent.
1531 (c) If the state land planning agency enters a final order
1532 that finds that the interlocal agreement is inconsistent with
1533 the requirements of subsection (4) or this subsection, the state
1534 land planning agency shall identify the issues in dispute and
1535 submit the matter to the Administration Commission for final
1536 action. The report to the Administration Commission must list
1537 each issue in dispute, describe the nature and basis for each
1538 dispute, identify alternative resolutions of each dispute, and
1539 make recommendations. After receiving the report from the state
1540 land planning agency, the Administration Commission shall take
1541 action to resolve the issues. In deciding upon a proper
1542 resolution, the Administration Commission shall consider the
1543 nature of the issues in dispute, the compliance of the parties
1544 with this section, the extent of the conflict between the
1545 parties, the comparative hardships, and the public interest
1546 involved. In resolving the matter, the Administration Commission
1547 may prescribe, by order, the contents of the interlocal
1548 agreement which shall be executed by the board of trustees and
1549 the local government.
1550 (5)(6) An interlocal agreement may be amended under
1551 subsections (2)-(4) (2)-(5):
1552 (a) In conjunction with updates to the school’s educational
1553 plant survey prepared under s. 1013.31; or
1554 (b) If either party delays by more than 12 months the
1555 construction of a capital improvement identified in the
1556 agreement.
1557 (6)(7) This section does not prohibit a local governing
1558 body and the board of trustees from agreeing and establishing an
1559 alternative process for reviewing proposed expansions to the
1560 school’s campus and offsite impacts, under the interlocal
1561 agreement adopted in accordance with subsections (2)-(5) (2)
1562 (6).
1563 (7)(8) School facilities within the geographic area or the
1564 campus of the school as it existed on or before January 1, 1998,
1565 are consistent with the local government’s comprehensive plan
1566 developed under part II of chapter 163 and consistent with the
1567 plan’s implementing land development regulations.
1568 (8)(9) To improve coordination relative to potential
1569 educational facility sites, the board of trustees shall provide
1570 written notice to the local governments consistent with the
1571 interlocal agreements entered under subsections (2)-(5) (2)-(6)
1572 at least 60 days before the board of trustees acquires any
1573 additional property. The local government shall notify the board
1574 of trustees no later than 45 days after receipt of this notice
1575 if the site proposed for acquisition is consistent with the land
1576 use categories and policies of the local government’s
1577 comprehensive plan. This preliminary notice does not constitute
1578 the local government’s determination of consistency under
1579 subsection (9) (10).
1580 (9)(10) As early in the design phase as feasible, but no
1581 later than 90 days before commencing construction, the board of
1582 trustees shall request in writing a determination of consistency
1583 with the local government’s comprehensive plan and local
1584 development regulations for the proposed use of any property
1585 acquired by the board of trustees on or after January 1, 1998.
1586 The local governing body that regulates the use of land shall
1587 determine, in writing, no later than 45 days after receiving the
1588 necessary information and a school board’s request for a
1589 determination, whether a proposed use of the property is
1590 consistent with the local comprehensive plan and consistent with
1591 local land development regulations. If the local governing body
1592 determines the proposed use is consistent, construction may
1593 commence and additional local government approvals are not
1594 required, except as provided in this section. Failure of the
1595 local governing body to make a determination in writing within
1596 90 days after receiving the board of trustees’ request for a
1597 determination of consistency shall be considered an approval of
1598 the board of trustees’ application. This subsection does not
1599 apply to facilities to be located on the property if a contract
1600 for construction of the facilities was entered on or before the
1601 effective date of this act.
1602 (10)(11) Disputes that arise in the implementation of an
1603 executed interlocal agreement or in the determinations required
1604 pursuant to subsection (8) (9) or subsection (9) (10) must be
1605 resolved in accordance with chapter 164.
1606 Section 20. Subsection (6) of section 1013.36, Florida
1607 Statutes, is amended to read:
1608 1013.36 Site planning and selection.—
1609 (6) If the school board and local government have entered
1610 into an interlocal agreement pursuant to s. 1013.33(2) and
1611 either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
1612 process to ensure consistency between the local government
1613 comprehensive plan and the school district educational
1614 facilities plan, site planning and selection must be consistent
1615 with the interlocal agreements and the plans.
1616
1617
1618 ================= T I T L E A M E N D M E N T ================
1619 And the title is amended as follows:
1620 Delete everything before the enacting clause
1621 and insert:
1622 A bill to be entitled
1623 An act relating to growth management; amending s. 163.3167,
1624 F.S.; authorizing a local government to retain certain charter
1625 provisions that were in effect as of a specified date and that
1626 relate to an initiative or referendum process; amending s.
1627 163.3174, F.S.; requiring a local land planning agency to
1628 periodically evaluate and appraise a comprehensive plan;
1629 amending s. 163.3177, F.S.; revising the housing and
1630 intergovernmental coordination elements of comprehensive plans;
1631 amending s. 163.31777, F.S.; exempting certain municipalities
1632 from public schools interlocal-agreement requirements; providing
1633 requirements for municipalities meeting the exemption criteria;
1634 amending s. 163.3178, F.S.; replacing a reference to the
1635 Department of Community Affairs with the state land planning
1636 agency; deleting provisions relating to the Coastal Resources
1637 Interagency Management Committee; amending s. 163.3180, F.S.,
1638 relating to concurrency; revising and providing requirements
1639 relating to public facilities and services, public education
1640 facilities, and local school concurrency system requirements;
1641 deleting provisions excluding a municipality that is not a
1642 signatory to a certain interlocal agreement from participating
1643 in a school concurrency system; amending s. 163.3184, F.S.;
1644 revising provisions relating to the expedited state review
1645 process for adoption of comprehensive plan amendments;
1646 clarifying the time in which a local government must transmit an
1647 amendment to a comprehensive plan and supporting data and
1648 analyses to the reviewing agencies; deleting the deadlines in
1649 administrative challenges to comprehensive plans and plan
1650 amendments for the entry of final orders and referrals of
1651 recommended orders; specifying a deadline for the state land
1652 planning agency to issue a notice of intent after receiving a
1653 complete comprehensive plan or plan amendment adopted pursuant
1654 to a compliance agreement; amending s. 163.3191, F.S.;
1655 conforming a cross-reference to changes made by the act;
1656 amending s. 163.3245, F.S.; deleting an obsolete cross
1657 reference; deleting a reporting requirement relating to optional
1658 sector plans; amending s. 186.002, F.S.; deleting a requirement
1659 for the Governor to consider certain evaluation and appraisal
1660 reports in preparing certain plans and amendments; amending s.
1661 186.007, F.S.; deleting a requirement for the Governor to
1662 consider certain evaluation and appraisal reports when reviewing
1663 the state comprehensive plan; amending s. 186.508, F.S.;
1664 requiring regional planning councils to coordinate
1665 implementation of the strategic regional policy plans with the
1666 evaluation and appraisal process; amending s. 189.415, F.S.;
1667 requiring an independent special district to update its public
1668 facilities report every 7 years and at least 12 months before
1669 the submission date of the evaluation and appraisal notification
1670 letter; requiring the Department of Economic Opportunity to post
1671 a schedule of the due dates for public facilities reports and
1672 updates that independent special districts must provide to local
1673 governments; amending s. 288.975, F.S.; deleting a provision
1674 exempting local government plan amendments necessary to
1675 initially adopt the military base reuse plan from a limitation
1676 on the frequency of plan amendments; amending s. 380.06, F.S.;
1677 correcting cross-references; amending s. 380.115, F.S.; adding a
1678 cross-reference for exempt developments; amending s. 1013.33,
1679 F.S.; deleting redundant requirements for interlocal agreements
1680 relating to public education facilities; amending s. 1013.35,
1681 F.S.; deleting a cross-reference to conform to changes made by
1682 the act; amending s. 1013.351, F.S.; deleting redundant
1683 requirements for the submission of certain interlocal agreements
1684 with the Office of Educational Facilities and the state land
1685 planning agency and for review of the interlocal agreement by
1686 the office and the agency; amending s. 1013.36, F.S.; deleting
1687 an obsolete cross-reference; providing an effective date.
1688