Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 842
Barcode 805156
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
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. Subsections (5) and (6) of section 163.3175,
28 Florida Statutes, are amended to read
29 163.3175 Legislative findings on compatibility of
30 development with military installations; exchange of information
31 between local governments and military installations.—
32 (5) The commanding officer or his or her designee may
33 provide comments to the affected local government on the impact
34 such proposed changes may have on the mission of the military
35 installation. Such comments may include:
36 (a) If the installation has an airfield, whether such
37 proposed changes will be incompatible with the safety and noise
38 standards contained in the Air Installation Compatible Use Zone
39 (AICUZ) adopted by the military installation for that airfield;
40 (b) Whether such changes are incompatible with the
41 Installation Environmental Noise Management Program (IENMP) of
42 the United States Army;
43 (c) Whether such changes are incompatible with the findings
44 of a Joint Land Use Study (JLUS) for the area if one has been
45 completed; and
46 (d) Whether the military installation’s mission will be
47 adversely affected by the proposed actions of the county or
48 affected local government.
49
50 The commanding officer’s comments, underlying studies, and
51 reports shall be considered by the local government in the same
52 manner as the comments received from other reviewing agencies
53 pursuant to s. 163.3184 are not binding on the local government.
54 (6) The affected local government shall take into
55 consideration any comments provided by the commanding officer or
56 his or her designee pursuant to subsection (4) as they relate to
57 the strategic mission of the base, public safety, and the
58 economic vitality associated with the base’s operation, while
59 also respecting and must also be sensitive to private property
60 rights and not be unduly restrictive on those rights. The
61 affected local government shall forward a copy of any comments
62 regarding comprehensive plan amendments to the state land
63 planning agency.
64 Section 4. Paragraph (h) of subsection (6) of section
65 163.3177, Florida Statutes, is amended to read:
66 163.3177 Required and optional elements of comprehensive
67 plan; studies and surveys.—
68 (6) In addition to the requirements of subsections (1)-(5),
69 the comprehensive plan shall include the following elements:
70 (h)1. An intergovernmental coordination element showing
71 relationships and stating principles and guidelines to be used
72 in coordinating the adopted comprehensive plan with the plans of
73 school boards, regional water supply authorities, and other
74 units of local government providing services but not having
75 regulatory authority over the use of land, with the
76 comprehensive plans of adjacent municipalities, the county,
77 adjacent counties, or the region, with the state comprehensive
78 plan and with the applicable regional water supply plan approved
79 pursuant to s. 373.709, as the case may require and as such
80 adopted plans or plans in preparation may exist. This element of
81 the local comprehensive plan must demonstrate consideration of
82 the particular effects of the local plan, when adopted, upon the
83 development of adjacent municipalities, the county, adjacent
84 counties, or the region, or upon the state comprehensive plan,
85 as the case may require.
86 a. The intergovernmental coordination element must provide
87 procedures for identifying and implementing joint planning
88 areas, especially for the purpose of annexation, municipal
89 incorporation, and joint infrastructure service areas.
90 b. The intergovernmental coordination element shall provide
91 for a dispute resolution process, as established pursuant to s.
92 186.509, for bringing intergovernmental disputes to closure in a
93 timely manner.
94 c. The intergovernmental coordination element shall provide
95 for interlocal agreements as established pursuant to s.
96 333.03(1)(b).
97 2. The intergovernmental coordination element shall also
98 state principles and guidelines to be used in coordinating the
99 adopted comprehensive plan with the plans of school boards and
100 other units of local government providing facilities and
101 services but not having regulatory authority over the use of
102 land. In addition, the intergovernmental coordination element
103 must describe joint processes for collaborative planning and
104 decisionmaking on population projections and public school
105 siting, the location and extension of public facilities subject
106 to concurrency, and siting facilities with countywide
107 significance, including locally unwanted land uses whose nature
108 and identity are established in an agreement.
109 3. Within 1 year after adopting their intergovernmental
110 coordination elements, each county, all the municipalities
111 within that county, the district school board, and any unit of
112 local government service providers in that county shall
113 establish by interlocal or other formal agreement executed by
114 all affected entities, the joint processes described in this
115 subparagraph consistent with their adopted intergovernmental
116 coordination elements. The agreement element must:
117 a. Ensure that the local government addresses through
118 coordination mechanisms the impacts of development proposed in
119 the local comprehensive plan upon development in adjacent
120 municipalities, the county, adjacent counties, the region, and
121 the state. The area of concern for municipalities includes shall
122 include adjacent municipalities, the county, and counties
123 adjacent to the municipality. The area of concern for counties
124 includes shall include all municipalities within the county,
125 adjacent counties, and adjacent municipalities.
126 b. Ensure coordination in establishing level of service
127 standards for public facilities with any state, regional, or
128 local entity having operational and maintenance responsibility
129 for such facilities.
130 Section 5. Subsections (3) and (4) are added to section
131 163.31777, Florida Statutes, to read:
132 163.31777 Public schools interlocal agreement.—
133 (3) A municipality is exempt from the requirements of
134 subsections (1) and (2) if the municipality meets all of the
135 following criteria for having no significant impact on school
136 attendance:
137 (a) The municipality has issued development orders for
138 fewer than 50 residential dwelling units during the preceding 5
139 years, or the municipality has generated fewer than 25
140 additional public school students during the preceding 5 years.
141 (b) The municipality has not annexed new land during the
142 preceding 5 years in land use categories that permit residential
143 uses that will affect school attendance rates.
144 (c) The municipality has no public schools located within
145 its boundaries.
146 (d) At least 80 percent of the developable land within the
147 boundaries of the municipality has been built upon.
148 (4) At the time of the evaluation and appraisal of its
149 comprehensive plan pursuant to s. 163.3191, each exempt
150 municipality shall assess the extent to which it continues to
151 meet the criteria for exemption under subsection (3). If the
152 municipality continues to meet the criteria for exemption under
153 subsection (3), the municipality shall continue to be exempt
154 from the interlocal-agreement requirement. Each municipality
155 exempt under subsection (3) must comply with this section within
156 1 year after the district school board proposes, in its 5-year
157 district facilities work program, a new school within the
158 municipality’s jurisdiction.
159 Section 6. Subsections (3) and (6) of section 163.3178,
160 Florida Statutes, are amended to read:
161 163.3178 Coastal management.—
162 (3) Expansions to port harbors, spoil disposal sites,
163 navigation channels, turning basins, harbor berths, and other
164 related inwater harbor facilities of ports listed in s.
165 403.021(9); port transportation facilities and projects listed
166 in s. 311.07(3)(b); intermodal transportation facilities
167 identified pursuant to s. 311.09(3); and facilities determined
168 by the state land planning agency Department of Community
169 Affairs and applicable general-purpose local government to be
170 port-related industrial or commercial projects located within 3
171 miles of or in a port master plan area which rely upon the use
172 of port and intermodal transportation facilities shall not be
173 designated as developments of regional impact if such
174 expansions, projects, or facilities are consistent with
175 comprehensive master plans that are in compliance with this
176 section.
177 (6) Local governments are encouraged to adopt countywide
178 marina siting plans to designate sites for existing and future
179 marinas. The Coastal Resources Interagency Management Committee,
180 at the direction of the Legislature, shall identify incentives
181 to encourage local governments to adopt such siting plans and
182 uniform criteria and standards to be used by local governments
183 to implement state goals, objectives, and policies relating to
184 marina siting. These criteria must ensure that priority is given
185 to water-dependent land uses. Countywide marina siting plans
186 must be consistent with state and regional environmental
187 planning policies and standards. Each local government in the
188 coastal area which participates in adoption of a countywide
189 marina siting plan shall incorporate the plan into the coastal
190 management element of its local comprehensive plan.
191 Section 7. Paragraph (a) of subsection (1) and paragraphs
192 (a), (i), (j), and (k) of subsection (6) of section 163.3180,
193 Florida Statutes, are amended to read:
194 163.3180 Concurrency.—
195 (1) Sanitary sewer, solid waste, drainage, and potable
196 water are the only public facilities and services subject to the
197 concurrency requirement on a statewide basis. Additional public
198 facilities and services may not be made subject to concurrency
199 on a statewide basis without approval by the Legislature;
200 however, any local government may extend the concurrency
201 requirement so that it applies to additional public facilities
202 within its jurisdiction.
203 (a) If concurrency is applied to other public facilities,
204 the local government comprehensive plan must provide the
205 principles, guidelines, standards, and strategies, including
206 adopted levels of service, to guide its application. In order
207 for a local government to rescind any optional concurrency
208 provisions, a comprehensive plan amendment is required. An
209 amendment rescinding optional concurrency issues shall be
210 processed under the expedited state review process in s.
211 163.3184(3), but the amendment is not subject to state review
212 and is not required to be transmitted to the reviewing agencies
213 for comments, except that the local government shall transmit
214 the amendment to any local government or government agency that
215 has filed a request with the governing body, and for municipal
216 amendments, the amendment shall be transmitted to the county in
217 which the municipality is located. For informational purposes
218 only, a copy of the adopted amendment shall be provided to the
219 state land planning agency. A copy of the adopted amendment
220 shall also be provided to the Department of Transportation if
221 the amendment rescinds transportation concurrency and to the
222 Department of Education if the amendment rescinds school
223 concurrency.
224 (6)(a) Local governments that apply If concurrency is
225 applied to public education facilities, all local governments
226 within a county, except as provided in paragraph (i), shall
227 include principles, guidelines, standards, and strategies,
228 including adopted levels of service, in their comprehensive
229 plans and interlocal agreements. The choice of one or more
230 municipalities to not adopt school concurrency and enter into
231 the interlocal agreement does not preclude implementation of
232 school concurrency within other jurisdictions of the school
233 district if the county and one or more municipalities have
234 adopted school concurrency into their comprehensive plan and
235 interlocal agreement that represents at least 80 percent of the
236 total countywide population, the failure of one or more
237 municipalities to adopt the concurrency and enter into the
238 interlocal agreement does not preclude implementation of school
239 concurrency within jurisdictions of the school district that
240 have opted to implement concurrency. All local government
241 provisions included in comprehensive plans regarding school
242 concurrency within a county must be consistent with each other
243 as well as the requirements of this part.
244 (i) A municipality is not required to be a signatory to the
245 interlocal agreement required by paragraph (j), as a
246 prerequisite for imposition of school concurrency, and as a
247 nonsignatory, may not participate in the adopted local school
248 concurrency system, if the municipality meets all of the
249 following criteria for having no significant impact on school
250 attendance:
251 1. The municipality has issued development orders for fewer
252 than 50 residential dwelling units during the preceding 5 years,
253 or the municipality has generated fewer than 25 additional
254 public school students during the preceding 5 years.
255 2. The municipality has not annexed new land during the
256 preceding 5 years in land use categories which permit
257 residential uses that will affect school attendance rates.
258 3. The municipality has no public schools located within
259 its boundaries.
260 4. At least 80 percent of the developable land within the
261 boundaries of the municipality has been built upon.
262 (i)(j) When establishing concurrency requirements for
263 public schools, a local government must enter into an interlocal
264 agreement that satisfies the requirements in ss.
265 163.3177(6)(h)1. and 2. and 163.31777 and the requirements of
266 this subsection. The interlocal agreement shall acknowledge both
267 the school board’s constitutional and statutory obligations to
268 provide a uniform system of free public schools on a countywide
269 basis, and the land use authority of local governments,
270 including their authority to approve or deny comprehensive plan
271 amendments and development orders. The interlocal agreement
272 shall meet the following requirements:
273 1. Establish the mechanisms for coordinating the
274 development, adoption, and amendment of each local government’s
275 school concurrency related provisions of the comprehensive plan
276 with each other and the plans of the school board to ensure a
277 uniform districtwide school concurrency system.
278 2. Specify uniform, districtwide level-of-service standards
279 for public schools of the same type and the process for
280 modifying the adopted level-of-service standards.
281 3. Define the geographic application of school concurrency.
282 If school concurrency is to be applied on a less than
283 districtwide basis in the form of concurrency service areas, the
284 agreement shall establish criteria and standards for the
285 establishment and modification of school concurrency service
286 areas. The agreement shall ensure maximum utilization of school
287 capacity, taking into account transportation costs and court
288 approved desegregation plans, as well as other factors.
289 4. Establish a uniform districtwide procedure for
290 implementing school concurrency which provides for:
291 a. The evaluation of development applications for
292 compliance with school concurrency requirements, including
293 information provided by the school board on affected schools,
294 impact on levels of service, and programmed improvements for
295 affected schools and any options to provide sufficient capacity;
296 b. An opportunity for the school board to review and
297 comment on the effect of comprehensive plan amendments and
298 rezonings on the public school facilities plan; and
299 c. The monitoring and evaluation of the school concurrency
300 system.
301 5. A process and uniform methodology for determining
302 proportionate-share mitigation pursuant to paragraph (h).
303 (j)(k) This subsection does not limit the authority of a
304 local government to grant or deny a development permit or its
305 functional equivalent prior to the implementation of school
306 concurrency.
307 Section 8. Paragraphs (b) and (c) of subsection (3),
308 paragraphs (b) and (e) of subsection (4), paragraphs (b), (d),
309 and (e) of subsection (5), paragraph (f) of subsection (6), and
310 subsection (12) of section 163.3184, Florida Statutes, are
311 amended to read:
312 163.3184 Process for adoption of comprehensive plan or plan
313 amendment.—
314 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
315 COMPREHENSIVE PLAN AMENDMENTS.—
316 (b)1. The local government, after the initial public
317 hearing held pursuant to subsection (11), shall transmit within
318 10 calendar days the amendment or amendments and appropriate
319 supporting data and analyses to the reviewing agencies. The
320 local governing body shall also transmit a copy of the
321 amendments and supporting data and analyses to any other local
322 government or governmental agency that has filed a written
323 request with the governing body.
324 2. The reviewing agencies and any other local government or
325 governmental agency specified in subparagraph 1. may provide
326 comments regarding the amendment or amendments to the local
327 government. State agencies shall only comment on important state
328 resources and facilities that will be adversely impacted by the
329 amendment if adopted. Comments provided by state agencies shall
330 state with specificity how the plan amendment will adversely
331 impact an important state resource or facility and shall
332 identify measures the local government may take to eliminate,
333 reduce, or mitigate the adverse impacts. Such comments, if not
334 resolved, may result in a challenge by the state land planning
335 agency to the plan amendment. Agencies and local governments
336 must transmit their comments to the affected local government
337 such that they are received by the local government not later
338 than 30 days from the date on which the agency or government
339 received the amendment or amendments. Reviewing agencies shall
340 also send a copy of their comments to the state land planning
341 agency.
342 3. Comments to the local government from a regional
343 planning council, county, or municipality shall be limited as
344 follows:
345 a. The regional planning council review and comments shall
346 be limited to adverse effects on regional resources or
347 facilities identified in the strategic regional policy plan and
348 extrajurisdictional impacts that would be inconsistent with the
349 comprehensive plan of any affected local government within the
350 region. A regional planning council may not review and comment
351 on a proposed comprehensive plan amendment prepared by such
352 council unless the plan amendment has been changed by the local
353 government subsequent to the preparation of the plan amendment
354 by the regional planning council.
355 b. County comments shall be in the context of the
356 relationship and effect of the proposed plan amendments on the
357 county plan.
358 c. Municipal comments shall be in the context of the
359 relationship and effect of the proposed plan amendments on the
360 municipal plan.
361 d. Military installation comments shall be provided in
362 accordance with s. 163.3175.
363 4. Comments to the local government from state agencies
364 shall be limited to the following subjects as they relate to
365 important state resources and facilities that will be adversely
366 impacted by the amendment if adopted:
367 a. The Department of Environmental Protection shall limit
368 its comments to the subjects of air and water pollution;
369 wetlands and other surface waters of the state; federal and
370 state-owned lands and interest in lands, including state parks,
371 greenways and trails, and conservation easements; solid waste;
372 water and wastewater treatment; and the Everglades ecosystem
373 restoration.
374 b. The Department of State shall limit its comments to the
375 subjects of historic and archaeological resources.
376 c. The Department of Transportation shall limit its
377 comments to issues within the agency’s jurisdiction as it
378 relates to transportation resources and facilities of state
379 importance.
380 d. The Fish and Wildlife Conservation Commission shall
381 limit its comments to subjects relating to fish and wildlife
382 habitat and listed species and their habitat.
383 e. The Department of Agriculture and Consumer Services
384 shall limit its comments to the subjects of agriculture,
385 forestry, and aquaculture issues.
386 f. The Department of Education shall limit its comments to
387 the subject of public school facilities.
388 g. The appropriate water management district shall limit
389 its comments to flood protection and floodplain management,
390 wetlands and other surface waters, and regional water supply.
391 h. The state land planning agency shall limit its comments
392 to important state resources and facilities outside the
393 jurisdiction of other commenting state agencies and may include
394 comments on countervailing planning policies and objectives
395 served by the plan amendment that should be balanced against
396 potential adverse impacts to important state resources and
397 facilities.
398 (c)1. The local government shall hold its second public
399 hearing, which shall be a hearing on whether to adopt one or
400 more comprehensive plan amendments pursuant to subsection (11).
401 If the local government fails, within 180 days after receipt of
402 agency comments, to hold the second public hearing, the
403 amendments shall be deemed withdrawn unless extended by
404 agreement with notice to the state land planning agency and any
405 affected person that provided comments on the amendment. The
406 180-day limitation does not apply to amendments processed
407 pursuant to s. 380.06.
408 2. All comprehensive plan amendments adopted by the
409 governing body, along with the supporting data and analysis,
410 shall be transmitted within 10 calendar days after the second
411 public hearing to the state land planning agency and any other
412 agency or local government that provided timely comments under
413 subparagraph (b)2.
414 3. The state land planning agency shall notify the local
415 government of any deficiencies within 5 working days after
416 receipt of an amendment package. For purposes of completeness,
417 an amendment shall be deemed complete if it contains a full,
418 executed copy of the adoption ordinance or ordinances; in the
419 case of a text amendment, a full copy of the amended language in
420 legislative format with new words inserted in the text
421 underlined, and words deleted stricken with hyphens; in the case
422 of a future land use map amendment, a copy of the future land
423 use map clearly depicting the parcel, its existing future land
424 use designation, and its adopted designation; and a copy of any
425 data and analyses the local government deems appropriate.
426 4. An amendment adopted under this paragraph does not
427 become effective until 31 days after the state land planning
428 agency notifies the local government that the plan amendment
429 package is complete. If timely challenged, an amendment does not
430 become effective until the state land planning agency or the
431 Administration Commission enters a final order determining the
432 adopted amendment to be in compliance.
433 (4) STATE COORDINATED REVIEW PROCESS.—
434 (b) Local government transmittal of proposed plan or
435 amendment.—Each local governing body proposing a plan or plan
436 amendment specified in paragraph (2)(c) shall transmit the
437 complete proposed comprehensive plan or plan amendment to the
438 reviewing agencies within 10 calendar days after immediately
439 following the first public hearing pursuant to subsection (11).
440 The transmitted document shall clearly indicate on the cover
441 sheet that this plan amendment is subject to the state
442 coordinated review process of this subsection. The local
443 governing body shall also transmit a copy of the complete
444 proposed comprehensive plan or plan amendment to any other unit
445 of local government or government agency in the state that has
446 filed a written request with the governing body for the plan or
447 plan amendment.
448 (e) Local government review of comments; adoption of plan
449 or amendments and transmittal.—
450 1. The local government shall review the report submitted
451 to it by the state land planning agency, if any, and written
452 comments submitted to it by any other person, agency, or
453 government. The local government, upon receipt of the report
454 from the state land planning agency, shall hold its second
455 public hearing, which shall be a hearing to determine whether to
456 adopt the comprehensive plan or one or more comprehensive plan
457 amendments pursuant to subsection (11). If the local government
458 fails to hold the second hearing within 180 days after receipt
459 of the state land planning agency’s report, the amendments shall
460 be deemed withdrawn unless extended by agreement with notice to
461 the state land planning agency and any affected person that
462 provided comments on the amendment. The 180-day limitation does
463 not apply to amendments processed pursuant to s. 380.06.
464 2. All comprehensive plan amendments adopted by the
465 governing body, along with the supporting data and analysis,
466 shall be transmitted within 10 calendar days after the second
467 public hearing to the state land planning agency and any other
468 agency or local government that provided timely comments under
469 paragraph (c).
470 3. The state land planning agency shall notify the local
471 government of any deficiencies within 5 working days after
472 receipt of a plan or plan amendment package. For purposes of
473 completeness, a plan or plan amendment shall be deemed complete
474 if it contains a full, executed copy of the adoption ordinance
475 or ordinances; in the case of a text amendment, a full copy of
476 the amended language in legislative format with new words
477 inserted in the text underlined, and words deleted stricken with
478 hyphens; in the case of a future land use map amendment, a copy
479 of the future land use map clearly depicting the parcel, its
480 existing future land use designation, and its adopted
481 designation; and a copy of any data and analyses the local
482 government deems appropriate.
483 4. After the state land planning agency makes a
484 determination of completeness regarding the adopted plan or plan
485 amendment, the state land planning agency shall have 45 days to
486 determine if the plan or plan amendment is in compliance with
487 this act. Unless the plan or plan amendment is substantially
488 changed from the one commented on, the state land planning
489 agency’s compliance determination shall be limited to objections
490 raised in the objections, recommendations, and comments report.
491 During the period provided for in this subparagraph, the state
492 land planning agency shall issue, through a senior administrator
493 or the secretary, a notice of intent to find that the plan or
494 plan amendment is in compliance or not in compliance. The state
495 land planning agency shall post a copy of the notice of intent
496 on the agency’s Internet website. Publication by the state land
497 planning agency of the notice of intent on the state land
498 planning agency’s Internet site shall be prima facie evidence of
499 compliance with the publication requirements of this
500 subparagraph.
501 5. A plan or plan amendment adopted under the state
502 coordinated review process shall go into effect pursuant to the
503 state land planning agency’s notice of intent. If timely
504 challenged, an amendment does not become effective until the
505 state land planning agency or the Administration Commission
506 enters a final order determining the adopted amendment to be in
507 compliance.
508 (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
509 AMENDMENTS.—
510 (b) The state land planning agency may file a petition with
511 the Division of Administrative Hearings pursuant to ss. 120.569
512 and 120.57, with a copy served on the affected local government,
513 to request a formal hearing to challenge whether the plan or
514 plan amendment is in compliance as defined in paragraph (1)(b).
515 The state land planning agency’s petition must clearly state the
516 reasons for the challenge. Under the expedited state review
517 process, this petition must be filed with the division within 30
518 days after the state land planning agency notifies the local
519 government that the plan amendment package is complete according
520 to subparagraph (3)(c)3. Under the state coordinated review
521 process, this petition must be filed with the division within 45
522 days after the state land planning agency notifies the local
523 government that the plan amendment package is complete according
524 to subparagraph (4)(e)3 (3)(c)3.
525 1. The state land planning agency’s challenge to plan
526 amendments adopted under the expedited state review process
527 shall be limited to the comments provided by the reviewing
528 agencies pursuant to subparagraphs (3)(b)2.-4., upon a
529 determination by the state land planning agency that an
530 important state resource or facility will be adversely impacted
531 by the adopted plan amendment. The state land planning agency’s
532 petition shall state with specificity how the plan amendment
533 will adversely impact the important state resource or facility.
534 The state land planning agency may challenge a plan amendment
535 that has substantially changed from the version on which the
536 agencies provided comments but only upon a determination by the
537 state land planning agency that an important state resource or
538 facility will be adversely impacted.
539 2. If the state land planning agency issues a notice of
540 intent to find the comprehensive plan or plan amendment not in
541 compliance with this act, the notice of intent shall be
542 forwarded to the Division of Administrative Hearings of the
543 Department of Management Services, which shall conduct a
544 proceeding under ss. 120.569 and 120.57 in the county of and
545 convenient to the affected local jurisdiction. The parties to
546 the proceeding shall be the state land planning agency, the
547 affected local government, and any affected person who
548 intervenes. A No new issue may not be alleged as a reason to
549 find a plan or plan amendment not in compliance in an
550 administrative pleading filed more than 21 days after
551 publication of notice unless the party seeking that issue
552 establishes good cause for not alleging the issue within that
553 time period. Good cause does not include excusable neglect.
554 (d) If the administrative law judge recommends that the
555 amendment be found not in compliance, the judge shall submit the
556 recommended order to the Administration Commission for final
557 agency action. The Administration Commission shall make every
558 effort to enter a final order expeditiously, but at a minimum,
559 within the time period provided by s. 120.569 45 days after its
560 receipt of the recommended order.
561 (e) If the administrative law judge recommends that the
562 amendment be found in compliance, the judge shall submit the
563 recommended order to the state land planning agency.
564 1. If the state land planning agency determines that the
565 plan amendment should be found not in compliance, the agency
566 shall make every effort to refer, within 30 days after receipt
567 of the recommended order, the recommended order and its
568 determination expeditiously to the Administration Commission for
569 final agency action, but at a minimum within the time period
570 provided by 120.569.
571 2. If the state land planning agency determines that the
572 plan amendment should be found in compliance, the agency shall
573 enter its final order expeditiously, but at a minimum, within
574 the time period provided by s. 120.569 not later than 30 days
575 after receipt of the recommended order.
576 (6) COMPLIANCE AGREEMENT.—
577 (f) For challenges to amendments adopted under the state
578 coordinated process, the state land planning agency, upon
579 receipt of a plan or plan amendment adopted pursuant to a
580 compliance agreement, shall issue a cumulative notice of intent
581 addressing both the remedial amendment and the plan or plan
582 amendment that was the subject of the agreement within 20 days
583 after receiving a complete plan or plan amendment adopted
584 pursuant to a compliance agreement.
585 1. If the local government adopts a comprehensive plan or
586 plan amendment pursuant to a compliance agreement and a notice
587 of intent to find the plan amendment in compliance is issued,
588 the state land planning agency shall forward the notice of
589 intent to the Division of Administrative Hearings and the
590 administrative law judge shall realign the parties in the
591 pending proceeding under ss. 120.569 and 120.57, which shall
592 thereafter be governed by the process contained in paragraph
593 (5)(a) and subparagraph (5)(c)1., including provisions relating
594 to challenges by an affected person, burden of proof, and issues
595 of a recommended order and a final order. Parties to the
596 original proceeding at the time of realignment may continue as
597 parties without being required to file additional pleadings to
598 initiate a proceeding, but may timely amend their pleadings to
599 raise any challenge to the amendment that is the subject of the
600 cumulative notice of intent, and must otherwise conform to the
601 rules of procedure of the Division of Administrative Hearings.
602 Any affected person not a party to the realigned proceeding may
603 challenge the plan amendment that is the subject of the
604 cumulative notice of intent by filing a petition with the agency
605 as provided in subsection (5). The agency shall forward the
606 petition filed by the affected person not a party to the
607 realigned proceeding to the Division of Administrative Hearings
608 for consolidation with the realigned proceeding. If the
609 cumulative notice of intent is not challenged, the state land
610 planning agency shall request that the Division of
611 Administrative Hearings relinquish jurisdiction to the state
612 land planning agency for issuance of a final order.
613 2. If the local government adopts a comprehensive plan
614 amendment pursuant to a compliance agreement and a notice of
615 intent is issued that finds the plan amendment not in
616 compliance, the state land planning agency shall forward the
617 notice of intent to the Division of Administrative Hearings,
618 which shall consolidate the proceeding with the pending
619 proceeding and immediately set a date for a hearing in the
620 pending proceeding under ss. 120.569 and 120.57. Affected
621 persons who are not a party to the underlying proceeding under
622 ss. 120.569 and 120.57 may challenge the plan amendment adopted
623 pursuant to the compliance agreement by filing a petition
624 pursuant to paragraph (5)(a).
625 (12) CONCURRENT ZONING.—At the request of an applicant, a
626 local government shall consider an application for zoning
627 changes that would be required to properly enact any proposed
628 plan amendment transmitted pursuant to this section subsection.
629 Zoning changes approved by the local government are contingent
630 upon the comprehensive plan or plan amendment transmitted
631 becoming effective.
632 Section 9. Subsection (3) of section 163.3191, Florida
633 Statutes, is amended to read:
634 163.3191 Evaluation and appraisal of comprehensive plan.—
635 (3) Local governments are encouraged to comprehensively
636 evaluate and, as necessary, update comprehensive plans to
637 reflect changes in local conditions. Plan amendments transmitted
638 pursuant to this section shall be reviewed pursuant to s.
639 163.3184(4) in accordance with s. 163.3184.
640 Section 10. Subsections (1) and (7) of section 163.3245,
641 Florida Statutes, are amended, and present subsections (8)
642 through (14) of that section are redesignated as subsections (7)
643 through (13), respectively, to read:
644 163.3245 Sector plans.—
645 (1) In recognition of the benefits of long-range planning
646 for specific areas, local governments or combinations of local
647 governments may adopt into their comprehensive plans a sector
648 plan in accordance with this section. This section is intended
649 to promote and encourage long-term planning for conservation,
650 development, and agriculture on a landscape scale; to further
651 support the intent of s. 163.3177(11), which supports innovative
652 and flexible planning and development strategies, and the
653 purposes of this part and part I of chapter 380; to facilitate
654 protection of regionally significant resources, including, but
655 not limited to, regionally significant water courses and
656 wildlife corridors; and to avoid duplication of effort in terms
657 of the level of data and analysis required for a development of
658 regional impact, while ensuring the adequate mitigation of
659 impacts to applicable regional resources and facilities,
660 including those within the jurisdiction of other local
661 governments, as would otherwise be provided. Sector plans are
662 intended for substantial geographic areas that include at least
663 15,000 acres of one or more local governmental jurisdictions and
664 are to emphasize urban form and protection of regionally
665 significant resources and public facilities. A sector plan may
666 not be adopted in an area of critical state concern.
667 (7) Beginning December 1, 1999, and each year thereafter,
668 the department shall provide a status report to the President of
669 the Senate and the Speaker of the House of Representatives
670 regarding each optional sector plan authorized under this
671 section.
672 Section 11. Paragraph (d) of subsection (2) of section
673 186.002, Florida Statutes, is amended to read:
674 186.002 Findings and intent.—
675 (2) It is the intent of the Legislature that:
676 (d) The state planning process shall be informed and guided
677 by the experience of public officials at all levels of
678 government. In preparing any plans or proposed revisions or
679 amendments required by this chapter, the Governor shall consider
680 the experience of and information provided by local governments
681 in their evaluation and appraisal reports pursuant to s.
682 163.3191.
683 Section 12. Subsection (8) of section 186.007, Florida
684 Statutes, is amended to read:
685 186.007 State comprehensive plan; preparation; revision.—
686 (8) The revision of the state comprehensive plan is a
687 continuing process. Each section of the plan shall be reviewed
688 and analyzed biennially by the Executive Office of the Governor
689 in conjunction with the planning officers of other state
690 agencies significantly affected by the provisions of the
691 particular section under review. In conducting this review and
692 analysis, the Executive Office of the Governor shall review and
693 consider, with the assistance of the state land planning agency
694 and regional planning councils, the evaluation and appraisal
695 reports submitted pursuant to s. 163.3191 and the evaluation and
696 appraisal reports prepared pursuant to s. 186.511. Any necessary
697 revisions of the state comprehensive plan shall be proposed by
698 the Governor in a written report and be accompanied by an
699 explanation of the need for such changes. If the Governor
700 determines that changes are unnecessary, the written report must
701 explain why changes are unnecessary. The proposed revisions and
702 accompanying explanations may be submitted in the report
703 required by s. 186.031. Any proposed revisions to the plan shall
704 be submitted to the Legislature as provided in s. 186.008(2) at
705 least 30 days before prior to the regular legislative session
706 occurring in each even-numbered year.
707 Section 13. Subsections (8) and (20) of section 186.505,
708 Florida Statutes, are amended to read:
709 186.505 Regional planning councils; powers and duties.—Any
710 regional planning council created hereunder shall have the
711 following powers:
712 (8) To accept and receive, in furtherance of its functions,
713 funds, grants, and services from the Federal Government or its
714 agencies; from departments, agencies, and instrumentalities of
715 state, municipal, or local government; or from private or civic
716 sources, except as prohibited by subsection (20). Each regional
717 planning council shall render an accounting of the receipt and
718 disbursement of all funds received by it, pursuant to the
719 federal Older Americans Act, to the Legislature no later than
720 March 1 of each year. Before accepting a grant, a regional
721 planning council must make a formal public determination that
722 the purpose of the grant is in furtherance of the council’s
723 functions and will not diminish the council’s ability to fund
724 and accomplish its statutory functions.
725 (20) To provide technical assistance to local governments
726 on growth management matters. However, a regional planning
727 council may not provide consulting services for a fee to a local
728 government for a project for which the council also serves in a
729 review capacity or provide consulting services to a private
730 developer or landowner for a project for which the council may
731 also serve in a review capacity in the future.
732 Section 14. Subsection (1) of section 186.508, Florida
733 Statutes, is amended to read:
734 186.508 Strategic regional policy plan adoption;
735 consistency with state comprehensive plan.—
736 (1) Each regional planning council shall submit to the
737 Executive Office of the Governor its proposed strategic regional
738 policy plan on a schedule established by the Executive Office of
739 the Governor to coordinate implementation of the strategic
740 regional policy plans with the evaluation and appraisal process
741 reports required by s. 163.3191. The Executive Office of the
742 Governor, or its designee, shall review the proposed strategic
743 regional policy plan to ensure consistency with the adopted
744 state comprehensive plan and shall, within 60 days, provide any
745 recommended revisions. The Governor’s recommended revisions
746 shall be included in the plans in a comment section. However,
747 nothing in this section precludes herein shall preclude a
748 regional planning council from adopting or rejecting any or all
749 of the revisions as a part of its plan before prior to the
750 effective date of the plan. The rules adopting the strategic
751 regional policy plan are shall not be subject to rule challenge
752 under s. 120.56(2) or to drawout proceedings under s.
753 120.54(3)(c)2., but, once adopted, are shall be subject to an
754 invalidity challenge under s. 120.56(3) by substantially
755 affected persons, including the Executive Office of the
756 Governor. The rules shall be adopted by the regional planning
757 councils, and shall become effective upon filing with the
758 Department of State, notwithstanding the provisions of s.
759 120.54(3)(e)6.
760 Section 15. Subsections (2) and (3) of section 189.415,
761 Florida Statutes, are amended to read:
762 189.415 Special district public facilities report.—
763 (2) Each independent special district shall submit to each
764 local general-purpose government in which it is located a public
765 facilities report and an annual notice of any changes. The
766 public facilities report shall specify the following
767 information:
768 (a) A description of existing public facilities owned or
769 operated by the special district, and each public facility that
770 is operated by another entity, except a local general-purpose
771 government, through a lease or other agreement with the special
772 district. This description shall include the current capacity of
773 the facility, the current demands placed upon it, and its
774 location. This information shall be required in the initial
775 report and updated every 7 5 years at least 12 months before
776 prior to the submission date of the evaluation and appraisal
777 notification letter report of the appropriate local government
778 required by s. 163.3191. The department shall post a schedule on
779 its website, based on the evaluation and appraisal notification
780 schedule prepared pursuant to s. 163.3191(5), for use by a
781 special district to determine when its public facilities report
782 and updates to that report are due to the local general-purpose
783 governments in which the special district is located. At least
784 12 months prior to the date on which each special district’s
785 first updated report is due, the department shall notify each
786 independent district on the official list of special districts
787 compiled pursuant to s. 189.4035 of the schedule for submission
788 of the evaluation and appraisal report by each local government
789 within the special district’s jurisdiction.
790 (b) A description of each public facility the district is
791 building, improving, or expanding, or is currently proposing to
792 build, improve, or expand within at least the next 7 5 years,
793 including any facilities that the district is assisting another
794 entity, except a local general-purpose government, to build,
795 improve, or expand through a lease or other agreement with the
796 district. For each public facility identified, the report shall
797 describe how the district currently proposes to finance the
798 facility.
799 (c) If the special district currently proposes to replace
800 any facilities identified in paragraph (a) or paragraph (b)
801 within the next 10 years, the date when such facility will be
802 replaced.
803 (d) The anticipated time the construction, improvement, or
804 expansion of each facility will be completed.
805 (e) The anticipated capacity of and demands on each public
806 facility when completed. In the case of an improvement or
807 expansion of a public facility, both the existing and
808 anticipated capacity must be listed.
809 (3) A special district proposing to build, improve, or
810 expand a public facility which requires a certificate of need
811 pursuant to chapter 408 shall elect to notify the appropriate
812 local general-purpose government of its plans either in its 7
813 year 5-year plan or at the time the letter of intent is filed
814 with the Agency for Health Care Administration pursuant to s.
815 408.039.
816 Section 16. Subsection (5) of section 288.975, Florida
817 Statutes, is amended to read:
818 288.975 Military base reuse plans.—
819 (5) At the discretion of the host local government, the
820 provisions of this act may be complied with through the adoption
821 of the military base reuse plan as a separate component of the
822 local government comprehensive plan or through simultaneous
823 amendments to all pertinent portions of the local government
824 comprehensive plan. Once adopted and approved in accordance with
825 this section, the military base reuse plan shall be considered
826 to be part of the host local government’s comprehensive plan and
827 shall be thereafter implemented, amended, and reviewed pursuant
828 to in accordance with the provisions of part II of chapter 163.
829 Local government comprehensive plan amendments necessary to
830 initially adopt the military base reuse plan shall be exempt
831 from the limitation on the frequency of plan amendments
832 contained in s. 163.3187(1).
833 Section 17. Paragraph (b) of subsection (6), paragraph (e)
834 of subsection (19), subsection (24), and paragraph (b) of
835 subsection (29) of section 380.06, Florida Statutes, are amended
836 to read:
837 380.06 Developments of regional impact.—
838 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
839 PLAN AMENDMENTS.—
840 (b) Any local government comprehensive plan amendments
841 related to a proposed development of regional impact, including
842 any changes proposed under subsection (19), may be initiated by
843 a local planning agency or the developer and must be considered
844 by the local governing body at the same time as the application
845 for development approval using the procedures provided for local
846 plan amendment in s. 163.3184 s. 163.3187 and applicable local
847 ordinances, without regard to local limits on the frequency of
848 consideration of amendments to the local comprehensive plan.
849 This paragraph does not require favorable consideration of a
850 plan amendment solely because it is related to a development of
851 regional impact. The procedure for processing such comprehensive
852 plan amendments is as follows:
853 1. If a developer seeks a comprehensive plan amendment
854 related to a development of regional impact, the developer must
855 so notify in writing the regional planning agency, the
856 applicable local government, and the state land planning agency
857 no later than the date of preapplication conference or the
858 submission of the proposed change under subsection (19).
859 2. When filing the application for development approval or
860 the proposed change, the developer must include a written
861 request for comprehensive plan amendments that would be
862 necessitated by the development-of-regional-impact approvals
863 sought. That request must include data and analysis upon which
864 the applicable local government can determine whether to
865 transmit the comprehensive plan amendment pursuant to s.
866 163.3184.
867 3. The local government must advertise a public hearing on
868 the transmittal within 30 days after filing the application for
869 development approval or the proposed change and must make a
870 determination on the transmittal within 60 days after the
871 initial filing unless that time is extended by the developer.
872 4. If the local government approves the transmittal,
873 procedures set forth in s. 163.3184 s. 163.3184(4)(b)-(d) must
874 be followed.
875 5. Notwithstanding subsection (11) or subsection (19), the
876 local government may not hold a public hearing on the
877 application for development approval or the proposed change or
878 on the comprehensive plan amendments sooner than 30 days after
879 reviewing agency comments are due to the local government from
880 receipt of the response from the state land planning agency
881 pursuant to s. 163.3184 s. 163.3184(4)(d).
882 6. The local government must hear both the application for
883 development approval or the proposed change and the
884 comprehensive plan amendments at the same hearing. However, the
885 local government must take action separately on the application
886 for development approval or the proposed change and on the
887 comprehensive plan amendments.
888 7. Thereafter, the appeal process for the local government
889 development order must follow the provisions of s. 380.07, and
890 the compliance process for the comprehensive plan amendments
891 must follow the provisions of s. 163.3184.
892 (19) SUBSTANTIAL DEVIATIONS.—
893 (e)1. Except for a development order rendered pursuant to
894 subsection (22) or subsection (25), a proposed change to a
895 development order that individually or cumulatively with any
896 previous change is less than any numerical criterion contained
897 in subparagraphs (b)1.-10. and does not exceed any other
898 criterion, or that involves an extension of the buildout date of
899 a development, or any phase thereof, of less than 5 years is not
900 subject to the public hearing requirements of subparagraph
901 (f)3., and is not subject to a determination pursuant to
902 subparagraph (f)5. Notice of the proposed change shall be made
903 to the regional planning council and the state land planning
904 agency. Such notice shall include a description of previous
905 individual changes made to the development, including changes
906 previously approved by the local government, and shall include
907 appropriate amendments to the development order.
908 2. The following changes, individually or cumulatively with
909 any previous changes, are not substantial deviations:
910 a. Changes in the name of the project, developer, owner, or
911 monitoring official.
912 b. Changes to a setback that do not affect noise buffers,
913 environmental protection or mitigation areas, or archaeological
914 or historical resources.
915 c. Changes to minimum lot sizes.
916 d. Changes in the configuration of internal roads that do
917 not affect external access points.
918 e. Changes to the building design or orientation that stay
919 approximately within the approved area designated for such
920 building and parking lot, and which do not affect historical
921 buildings designated as significant by the Division of
922 Historical Resources of the Department of State.
923 f. Changes to increase the acreage in the development,
924 provided that no development is proposed on the acreage to be
925 added.
926 g. Changes to eliminate an approved land use, provided that
927 there are no additional regional impacts.
928 h. Changes required to conform to permits approved by any
929 federal, state, or regional permitting agency, provided that
930 these changes do not create additional regional impacts.
931 i. Any renovation or redevelopment of development within a
932 previously approved development of regional impact which does
933 not change land use or increase density or intensity of use.
934 j. Changes that modify boundaries and configuration of
935 areas described in subparagraph (b)11. due to science-based
936 refinement of such areas by survey, by habitat evaluation, by
937 other recognized assessment methodology, or by an environmental
938 assessment. In order for changes to qualify under this sub
939 subparagraph, the survey, habitat evaluation, or assessment must
940 occur prior to the time a conservation easement protecting such
941 lands is recorded and must not result in any net decrease in the
942 total acreage of the lands specifically set aside for permanent
943 preservation in the final development order.
944 k. Any other change which the state land planning agency,
945 in consultation with the regional planning council, agrees in
946 writing is similar in nature, impact, or character to the
947 changes enumerated in sub-subparagraphs a.-j. and which does not
948 create the likelihood of any additional regional impact.
949
950 This subsection does not require the filing of a notice of
951 proposed change but shall require an application to the local
952 government to amend the development order in accordance with the
953 local government’s procedures for amendment of a development
954 order. In accordance with the local government’s procedures,
955 including requirements for notice to the applicant and the
956 public, the local government shall either deny the application
957 for amendment or adopt an amendment to the development order
958 which approves the application with or without conditions.
959 Following adoption, the local government shall render to the
960 state land planning agency the amendment to the development
961 order. The state land planning agency may appeal, pursuant to s.
962 380.07(3), the amendment to the development order if the
963 amendment involves sub-subparagraph g., sub-subparagraph h.,
964 sub-subparagraph j., or sub-subparagraph k., and it believes the
965 change creates a reasonable likelihood of new or additional
966 regional impacts.
967 3. Except for the change authorized by sub-subparagraph
968 2.f., any addition of land not previously reviewed or any change
969 not specified in paragraph (b) or paragraph (c) shall be
970 presumed to create a substantial deviation. This presumption may
971 be rebutted by clear and convincing evidence.
972 4. Any submittal of a proposed change to a previously
973 approved development shall include a description of individual
974 changes previously made to the development, including changes
975 previously approved by the local government. The local
976 government shall consider the previous and current proposed
977 changes in deciding whether such changes cumulatively constitute
978 a substantial deviation requiring further development-of
979 regional-impact review.
980 5. The following changes to an approved development of
981 regional impact shall be presumed to create a substantial
982 deviation. Such presumption may be rebutted by clear and
983 convincing evidence.
984 a. A change proposed for 15 percent or more of the acreage
985 to a land use not previously approved in the development order.
986 Changes of less than 15 percent shall be presumed not to create
987 a substantial deviation.
988 b. Notwithstanding any provision of paragraph (b) to the
989 contrary, a proposed change consisting of simultaneous increases
990 and decreases of at least two of the uses within an authorized
991 multiuse development of regional impact which was originally
992 approved with three or more uses specified in s. 380.0651(3)(c)
993 and (d) s. 380.0651(3)(c), (d), and (e) and residential use.
994 6. If a local government agrees to a proposed change, a
995 change in the transportation proportionate share calculation and
996 mitigation plan in an adopted development order as a result of
997 recalculation of the proportionate share contribution meeting
998 the requirements of s. 163.3180(5)(h) in effect as of the date
999 of such change shall be presumed not to create a substantial
1000 deviation. For purposes of this subsection, the proposed change
1001 in the proportionate share calculation or mitigation plan shall
1002 not be considered an additional regional transportation impact.
1003 (24) STATUTORY EXEMPTIONS.—
1004 (a) Any proposed hospital is exempt from this section.
1005 (b) Any proposed electrical transmission line or electrical
1006 power plant is exempt from this section.
1007 (c) Any proposed addition to an existing sports facility
1008 complex is exempt from this section if the addition meets the
1009 following characteristics:
1010 1. It would not operate concurrently with the scheduled
1011 hours of operation of the existing facility.
1012 2. Its seating capacity would be no more than 75 percent of
1013 the capacity of the existing facility.
1014 3. The sports facility complex property is owned by a
1015 public body before July 1, 1983.
1016
1017 This exemption does not apply to any pari-mutuel facility.
1018 (d) Any proposed addition or cumulative additions
1019 subsequent to July 1, 1988, to an existing sports facility
1020 complex owned by a state university is exempt if the increased
1021 seating capacity of the complex is no more than 30 percent of
1022 the capacity of the existing facility.
1023 (e) Any addition of permanent seats or parking spaces for
1024 an existing sports facility located on property owned by a
1025 public body before July 1, 1973, is exempt from this section if
1026 future additions do not expand existing permanent seating or
1027 parking capacity more than 15 percent annually in excess of the
1028 prior year’s capacity.
1029 (f) Any increase in the seating capacity of an existing
1030 sports facility having a permanent seating capacity of at least
1031 50,000 spectators is exempt from this section, provided that
1032 such an increase does not increase permanent seating capacity by
1033 more than 5 percent per year and not to exceed a total of 10
1034 percent in any 5-year period, and provided that the sports
1035 facility notifies the appropriate local government within which
1036 the facility is located of the increase at least 6 months before
1037 the initial use of the increased seating, in order to permit the
1038 appropriate local government to develop a traffic management
1039 plan for the traffic generated by the increase. Any traffic
1040 management plan shall be consistent with the local comprehensive
1041 plan, the regional policy plan, and the state comprehensive
1042 plan.
1043 (g) Any expansion in the permanent seating capacity or
1044 additional improved parking facilities of an existing sports
1045 facility is exempt from this section, if the following
1046 conditions exist:
1047 1.a. The sports facility had a permanent seating capacity
1048 on January 1, 1991, of at least 41,000 spectator seats;
1049 b. The sum of such expansions in permanent seating capacity
1050 does not exceed a total of 10 percent in any 5-year period and
1051 does not exceed a cumulative total of 20 percent for any such
1052 expansions; or
1053 c. The increase in additional improved parking facilities
1054 is a one-time addition and does not exceed 3,500 parking spaces
1055 serving the sports facility; and
1056 2. The local government having jurisdiction of the sports
1057 facility includes in the development order or development permit
1058 approving such expansion under this paragraph a finding of fact
1059 that the proposed expansion is consistent with the
1060 transportation, water, sewer and stormwater drainage provisions
1061 of the approved local comprehensive plan and local land
1062 development regulations relating to those provisions.
1063
1064 Any owner or developer who intends to rely on this statutory
1065 exemption shall provide to the department a copy of the local
1066 government application for a development permit. Within 45 days
1067 after receipt of the application, the department shall render to
1068 the local government an advisory and nonbinding opinion, in
1069 writing, stating whether, in the department’s opinion, the
1070 prescribed conditions exist for an exemption under this
1071 paragraph. The local government shall render the development
1072 order approving each such expansion to the department. The
1073 owner, developer, or department may appeal the local government
1074 development order pursuant to s. 380.07, within 45 days after
1075 the order is rendered. The scope of review shall be limited to
1076 the determination of whether the conditions prescribed in this
1077 paragraph exist. If any sports facility expansion undergoes
1078 development-of-regional-impact review, all previous expansions
1079 which were exempt under this paragraph shall be included in the
1080 development-of-regional-impact review.
1081 (h) Expansion to port harbors, spoil disposal sites,
1082 navigation channels, turning basins, harbor berths, and other
1083 related inwater harbor facilities of ports listed in s.
1084 403.021(9)(b), port transportation facilities and projects
1085 listed in s. 311.07(3)(b), and intermodal transportation
1086 facilities identified pursuant to s. 311.09(3) are exempt from
1087 this section when such expansions, projects, or facilities are
1088 consistent with comprehensive master plans that are in
1089 compliance with s. 163.3178.
1090 (i) Any proposed facility for the storage of any petroleum
1091 product or any expansion of an existing facility is exempt from
1092 this section.
1093 (j) Any renovation or redevelopment within the same land
1094 parcel which does not change land use or increase density or
1095 intensity of use.
1096 (k) Waterport and marina development, including dry storage
1097 facilities, are exempt from this section.
1098 (l) Any proposed development within an urban service
1099 boundary established under s. 163.3177(14), Florida Statutes
1100 (2010), which is not otherwise exempt pursuant to subsection
1101 (29), is exempt from this section if the local government having
1102 jurisdiction over the area where the development is proposed has
1103 adopted the urban service boundary and has entered into a
1104 binding agreement with jurisdictions that would be impacted and
1105 with the Department of Transportation regarding the mitigation
1106 of impacts on state and regional transportation facilities.
1107 (m) Any proposed development within a rural land
1108 stewardship area created under s. 163.3248.
1109 (n) The establishment, relocation, or expansion of any
1110 military installation as defined in s. 163.3175, is exempt from
1111 this section.
1112 (o) Any self-storage warehousing that does not allow retail
1113 or other services is exempt from this section.
1114 (p) Any proposed nursing home or assisted living facility
1115 is exempt from this section.
1116 (q) Any development identified in an airport master plan
1117 and adopted into the comprehensive plan pursuant to s.
1118 163.3177(6)(b)4. s. 163.3177(6)(k) is exempt from this section.
1119 (r) Any development identified in a campus master plan and
1120 adopted pursuant to s. 1013.30 is exempt from this section.
1121 (s) Any development in a detailed specific area plan which
1122 is prepared and adopted pursuant to s. 163.3245 is exempt from
1123 this section.
1124 (t) Any proposed solid mineral mine and any proposed
1125 addition to, expansion of, or change to an existing solid
1126 mineral mine is exempt from this section. A mine owner will
1127 enter into a binding agreement with the Department of
1128 Transportation to mitigate impacts to strategic intermodal
1129 system facilities pursuant to the transportation thresholds in
1130 subsection (19) or rule 9J-2.045(6), Florida Administrative
1131 Code. Proposed changes to any previously approved solid mineral
1132 mine development-of-regional-impact development orders having
1133 vested rights are is not subject to further review or approval
1134 as a development-of-regional-impact or notice-of-proposed-change
1135 review or approval pursuant to subsection (19), except for those
1136 applications pending as of July 1, 2011, which shall be governed
1137 by s. 380.115(2). Notwithstanding the foregoing, however,
1138 pursuant to s. 380.115(1), previously approved solid mineral
1139 mine development-of-regional-impact development orders shall
1140 continue to enjoy vested rights and continue to be effective
1141 unless rescinded by the developer. All local government
1142 regulations of proposed solid mineral mines shall be applicable
1143 to any new solid mineral mine or to any proposed addition to,
1144 expansion of, or change to an existing solid mineral mine.
1145 (u) Notwithstanding any provisions in an agreement with or
1146 among a local government, regional agency, or the state land
1147 planning agency or in a local government’s comprehensive plan to
1148 the contrary, a project no longer subject to development-of
1149 regional-impact review under revised thresholds is not required
1150 to undergo such review.
1151 (v) Any development within a county with a research and
1152 education authority created by special act and that is also
1153 within a research and development park that is operated or
1154 managed by a research and development authority pursuant to part
1155 V of chapter 159 is exempt from this section.
1156 (w) Any development in an energy economic zone designated
1157 pursuant to s. 377.809 is exempt from this section upon approval
1158 by its local governing body.
1159
1160 If a use is exempt from review as a development of regional
1161 impact under paragraphs (a)-(u), but will be part of a larger
1162 project that is subject to review as a development of regional
1163 impact, the impact of the exempt use must be included in the
1164 review of the larger project, unless such exempt use involves a
1165 development of regional impact that includes a landowner,
1166 tenant, or user that has entered into a funding agreement with
1167 the Department of Economic Opportunity under the Innovation
1168 Incentive Program and the agreement contemplates a state award
1169 of at least $50 million.
1170 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
1171 (b) If a municipality that does not qualify as a dense
1172 urban land area pursuant to paragraph (a) s. 163.3164 designates
1173 any of the following areas in its comprehensive plan, any
1174 proposed development within the designated area is exempt from
1175 the development-of-regional-impact process:
1176 1. Urban infill as defined in s. 163.3164;
1177 2. Community redevelopment areas as defined in s. 163.340;
1178 3. Downtown revitalization areas as defined in s. 163.3164;
1179 4. Urban infill and redevelopment under s. 163.2517; or
1180 5. Urban service areas as defined in s. 163.3164 or areas
1181 within a designated urban service boundary under s.
1182 163.3177(14).
1183 Section 18. Subsection (1) of section 380.115, Florida
1184 Statutes, is amended to read:
1185 380.115 Vested rights and duties; effect of size reduction,
1186 changes in guidelines and standards.—
1187 (1) A change in a development-of-regional-impact guideline
1188 and standard does not abridge or modify any vested or other
1189 right or any duty or obligation pursuant to any development
1190 order or agreement that is applicable to a development of
1191 regional impact. A development that has received a development
1192 of-regional-impact development order pursuant to s. 380.06, but
1193 is no longer required to undergo development-of-regional-impact
1194 review by operation of a change in the guidelines and standards
1195 or has reduced its size below the thresholds in s. 380.0651, or
1196 a development that is exempt pursuant to s. 380.06(24) or s.
1197 380.06(29) shall be governed by the following procedures:
1198 (a) The development shall continue to be governed by the
1199 development-of-regional-impact development order and may be
1200 completed in reliance upon and pursuant to the development order
1201 unless the developer or landowner has followed the procedures
1202 for rescission in paragraph (b). Any proposed changes to those
1203 developments which continue to be governed by a development
1204 order shall be approved pursuant to s. 380.06(19) as it existed
1205 prior to a change in the development-of-regional-impact
1206 guidelines and standards, except that all percentage criteria
1207 shall be doubled and all other criteria shall be increased by 10
1208 percent. The development-of-regional-impact development order
1209 may be enforced by the local government as provided by ss.
1210 380.06(17) and 380.11.
1211 (b) If requested by the developer or landowner, the
1212 development-of-regional-impact development order shall be
1213 rescinded by the local government having jurisdiction upon a
1214 showing that all required mitigation related to the amount of
1215 development that existed on the date of rescission has been
1216 completed.
1217 Section 19. Section 1013.33, Florida Statutes, is amended
1218 to read:
1219 1013.33 Coordination of planning with local governing
1220 bodies.—
1221 (1) It is the policy of this state to require the
1222 coordination of planning between boards and local governing
1223 bodies to ensure that plans for the construction and opening of
1224 public educational facilities are facilitated and coordinated in
1225 time and place with plans for residential development,
1226 concurrently with other necessary services. Such planning shall
1227 include the integration of the educational facilities plan and
1228 applicable policies and procedures of a board with the local
1229 comprehensive plan and land development regulations of local
1230 governments. The planning must include the consideration of
1231 allowing students to attend the school located nearest their
1232 homes when a new housing development is constructed near a
1233 county boundary and it is more feasible to transport the
1234 students a short distance to an existing facility in an adjacent
1235 county than to construct a new facility or transport students
1236 longer distances in their county of residence. The planning must
1237 also consider the effects of the location of public education
1238 facilities, including the feasibility of keeping central city
1239 facilities viable, in order to encourage central city
1240 redevelopment and the efficient use of infrastructure and to
1241 discourage uncontrolled urban sprawl. In addition, all parties
1242 to the planning process must consult with state and local road
1243 departments to assist in implementing the Safe Paths to Schools
1244 program administered by the Department of Transportation.
1245 (2)(a) The school board, county, and nonexempt
1246 municipalities located within the geographic area of a school
1247 district shall enter into an interlocal agreement according to
1248 s. 163.31777, which that jointly establishes the specific ways
1249 in which the plans and processes of the district school board
1250 and the local governments are to be coordinated. The interlocal
1251 agreements shall be submitted to the state land planning agency
1252 and the Office of Educational Facilities in accordance with a
1253 schedule published by the state land planning agency.
1254 (b) The schedule must establish staggered due dates for
1255 submission of interlocal agreements that are executed by both
1256 the local government and district school board, commencing on
1257 March 1, 2003, and concluding by December 1, 2004, and must set
1258 the same date for all governmental entities within a school
1259 district. However, if the county where the school district is
1260 located contains more than 20 municipalities, the state land
1261 planning agency may establish staggered due dates for the
1262 submission of interlocal agreements by these municipalities. The
1263 schedule must begin with those areas where both the number of
1264 districtwide capital-outlay full-time-equivalent students equals
1265 80 percent or more of the current year’s school capacity and the
1266 projected 5-year student growth rate is 1,000 or greater, or
1267 where the projected 5-year student growth rate is 10 percent or
1268 greater.
1269 (c) If the student population has declined over the 5-year
1270 period preceding the due date for submittal of an interlocal
1271 agreement by the local government and the district school board,
1272 the local government and district school board may petition the
1273 state land planning agency for a waiver of one or more of the
1274 requirements of subsection (3). The waiver must be granted if
1275 the procedures called for in subsection (3) are unnecessary
1276 because of the school district’s declining school age
1277 population, considering the district’s 5-year work program
1278 prepared pursuant to s. 1013.35. The state land planning agency
1279 may modify or revoke the waiver upon a finding that the
1280 conditions upon which the waiver was granted no longer exist.
1281 The district school board and local governments must submit an
1282 interlocal agreement within 1 year after notification by the
1283 state land planning agency that the conditions for a waiver no
1284 longer exist.
1285 (d) Interlocal agreements between local governments and
1286 district school boards adopted pursuant to s. 163.3177 before
1287 the effective date of subsections (2)-(7) must be updated and
1288 executed pursuant to the requirements of subsections (2)-(7), if
1289 necessary. Amendments to interlocal agreements adopted pursuant
1290 to subsections (2)-(7) must be submitted to the state land
1291 planning agency within 30 days after execution by the parties
1292 for review consistent with subsections (3) and (4). Local
1293 governments and the district school board in each school
1294 district are encouraged to adopt a single interlocal agreement
1295 in which all join as parties. The state land planning agency
1296 shall assemble and make available model interlocal agreements
1297 meeting the requirements of subsections (2)-(7) and shall notify
1298 local governments and, jointly with the Department of Education,
1299 the district school boards of the requirements of subsections
1300 (2)-(7), the dates for compliance, and the sanctions for
1301 noncompliance. The state land planning agency shall be available
1302 to informally review proposed interlocal agreements. If the
1303 state land planning agency has not received a proposed
1304 interlocal agreement for informal review, the state land
1305 planning agency shall, at least 60 days before the deadline for
1306 submission of the executed agreement, renotify the local
1307 government and the district school board of the upcoming
1308 deadline and the potential for sanctions.
1309 (3) At a minimum, the interlocal agreement must address
1310 interlocal agreement requirements in s. 163.31777 and, if
1311 applicable, s. 163.3180(6), and must address the following
1312 issues:
1313 (a) A process by which each local government and the
1314 district school board agree and base their plans on consistent
1315 projections of the amount, type, and distribution of population
1316 growth and student enrollment. The geographic distribution of
1317 jurisdiction-wide growth forecasts is a major objective of the
1318 process.
1319 (b) A process to coordinate and share information relating
1320 to existing and planned public school facilities, including
1321 school renovations and closures, and local government plans for
1322 development and redevelopment.
1323 (c) Participation by affected local governments with the
1324 district school board in the process of evaluating potential
1325 school closures, significant renovations to existing schools,
1326 and new school site selection before land acquisition. Local
1327 governments shall advise the district school board as to the
1328 consistency of the proposed closure, renovation, or new site
1329 with the local comprehensive plan, including appropriate
1330 circumstances and criteria under which a district school board
1331 may request an amendment to the comprehensive plan for school
1332 siting.
1333 (d) A process for determining the need for and timing of
1334 onsite and offsite improvements to support new construction,
1335 proposed expansion, or redevelopment of existing schools. The
1336 process shall address identification of the party or parties
1337 responsible for the improvements.
1338 (e) A process for the school board to inform the local
1339 government regarding the effect of comprehensive plan amendments
1340 on school capacity. The capacity reporting must be consistent
1341 with laws and rules regarding measurement of school facility
1342 capacity and must also identify how the district school board
1343 will meet the public school demand based on the facilities work
1344 program adopted pursuant to s. 1013.35.
1345 (f) Participation of the local governments in the
1346 preparation of the annual update to the school board’s 5-year
1347 district facilities work program and educational plant survey
1348 prepared pursuant to s. 1013.35.
1349 (g) A process for determining where and how joint use of
1350 either school board or local government facilities can be shared
1351 for mutual benefit and efficiency.
1352 (h) A procedure for the resolution of disputes between the
1353 district school board and local governments, which may include
1354 the dispute resolution processes contained in chapters 164 and
1355 186.
1356 (i) An oversight process, including an opportunity for
1357 public participation, for the implementation of the interlocal
1358 agreement.
1359 (4)(a) The Office of Educational Facilities shall submit
1360 any comments or concerns regarding the executed interlocal
1361 agreement to the state land planning agency within 30 days after
1362 receipt of the executed interlocal agreement. The state land
1363 planning agency shall review the executed interlocal agreement
1364 to determine whether it is consistent with the requirements of
1365 subsection (3), the adopted local government comprehensive plan,
1366 and other requirements of law. Within 60 days after receipt of
1367 an executed interlocal agreement, the state land planning agency
1368 shall publish a notice of intent in the Florida Administrative
1369 Weekly and shall post a copy of the notice on the agency’s
1370 Internet site. The notice of intent must state that the
1371 interlocal agreement is consistent or inconsistent with the
1372 requirements of subsection (3) and this subsection as
1373 appropriate.
1374 (b) The state land planning agency’s notice is subject to
1375 challenge under chapter 120; however, an affected person, as
1376 defined in s. 163.3184(1)(a), has standing to initiate the
1377 administrative proceeding, and this proceeding is the sole means
1378 available to challenge the consistency of an interlocal
1379 agreement required by this section with the criteria contained
1380 in subsection (3) and this subsection. In order to have
1381 standing, each person must have submitted oral or written
1382 comments, recommendations, or objections to the local government
1383 or the school board before the adoption of the interlocal
1384 agreement by the district school board and local government. The
1385 district school board and local governments are parties to any
1386 such proceeding. In this proceeding, when the state land
1387 planning agency finds the interlocal agreement to be consistent
1388 with the criteria in subsection (3) and this subsection, the
1389 interlocal agreement must be determined to be consistent with
1390 subsection (3) and this subsection if the local government’s and
1391 school board’s determination of consistency is fairly debatable.
1392 When the state land planning agency finds the interlocal
1393 agreement to be inconsistent with the requirements of subsection
1394 (3) and this subsection, the local government’s and school
1395 board’s determination of consistency shall be sustained unless
1396 it is shown by a preponderance of the evidence that the
1397 interlocal agreement is inconsistent.
1398 (c) If the state land planning agency enters a final order
1399 that finds that the interlocal agreement is inconsistent with
1400 the requirements of subsection (3) or this subsection, the state
1401 land planning agency shall forward it to the Administration
1402 Commission, which may impose sanctions against the local
1403 government pursuant to s. 163.3184(11) and may impose sanctions
1404 against the district school board by directing the Department of
1405 Education to withhold an equivalent amount of funds for school
1406 construction available pursuant to ss. 1013.65, 1013.68,
1407 1013.70, and 1013.72.
1408 (5) If an executed interlocal agreement is not timely
1409 submitted to the state land planning agency for review, the
1410 state land planning agency shall, within 15 working days after
1411 the deadline for submittal, issue to the local government and
1412 the district school board a notice to show cause why sanctions
1413 should not be imposed for failure to submit an executed
1414 interlocal agreement by the deadline established by the agency.
1415 The agency shall forward the notice and the responses to the
1416 Administration Commission, which may enter a final order citing
1417 the failure to comply and imposing sanctions against the local
1418 government and district school board by directing the
1419 appropriate agencies to withhold at least 5 percent of state
1420 funds pursuant to s. 163.3184(11) and by directing the
1421 Department of Education to withhold from the district school
1422 board at least 5 percent of funds for school construction
1423 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
1424 1013.72.
1425 (6) Any local government transmitting a public school
1426 element to implement school concurrency pursuant to the
1427 requirements of s. 163.3180 before the effective date of this
1428 section is not required to amend the element or any interlocal
1429 agreement to conform with the provisions of subsections (2)-(6)
1430 if the element is adopted prior to or within 1 year after the
1431 effective date of subsections (2)-(6) and remains in effect.
1432 (3)(7) A board and the local governing body must share and
1433 coordinate information related to existing and planned school
1434 facilities; proposals for development, redevelopment, or
1435 additional development; and infrastructure required to support
1436 the school facilities, concurrent with proposed development. A
1437 school board shall use information produced by the demographic,
1438 revenue, and education estimating conferences pursuant to s.
1439 216.136 when preparing the district educational facilities plan
1440 pursuant to s. 1013.35, as modified and agreed to by the local
1441 governments, when provided by interlocal agreement, and the
1442 Office of Educational Facilities, in consideration of local
1443 governments’ population projections, to ensure that the district
1444 educational facilities plan not only reflects enrollment
1445 projections but also considers applicable municipal and county
1446 growth and development projections. The projections must be
1447 apportioned geographically with assistance from the local
1448 governments using local government trend data and the school
1449 district student enrollment data. A school board is precluded
1450 from siting a new school in a jurisdiction where the school
1451 board has failed to provide the annual educational facilities
1452 plan for the prior year required pursuant to s. 1013.35 unless
1453 the failure is corrected.
1454 (4)(8) The location of educational facilities shall be
1455 consistent with the comprehensive plan of the appropriate local
1456 governing body developed under part II of chapter 163 and
1457 consistent with the plan’s implementing land development
1458 regulations.
1459 (5)(9) To improve coordination relative to potential
1460 educational facility sites, a board shall provide written notice
1461 to the local government that has regulatory authority over the
1462 use of the land consistent with an interlocal agreement entered
1463 pursuant to s. 163.31777 subsections (2)-(6) at least 60 days
1464 before prior to acquiring or leasing property that may be used
1465 for a new public educational facility. The local government,
1466 upon receipt of this notice, shall notify the board within 45
1467 days if the site proposed for acquisition or lease is consistent
1468 with the land use categories and policies of the local
1469 government’s comprehensive plan. This preliminary notice does
1470 not constitute the local government’s determination of
1471 consistency pursuant to subsection (6) (10).
1472 (6)(10) As early in the design phase as feasible and
1473 consistent with an interlocal agreement entered pursuant to s.
1474 163.31777 subsections (2)-(6), but no later than 90 days before
1475 commencing construction, the district school board shall in
1476 writing request a determination of consistency with the local
1477 government’s comprehensive plan. The local governing body that
1478 regulates the use of land shall determine, in writing within 45
1479 days after receiving the necessary information and a school
1480 board’s request for a determination, whether a proposed
1481 educational facility is consistent with the local comprehensive
1482 plan and consistent with local land development regulations. If
1483 the determination is affirmative, school construction may
1484 commence and further local government approvals are not
1485 required, except as provided in this section. Failure of the
1486 local governing body to make a determination in writing within
1487 90 days after a district school board’s request for a
1488 determination of consistency shall be considered an approval of
1489 the district school board’s application. Campus master plans and
1490 development agreements must comply with the provisions of s.
1491 1013.30.
1492 (7)(11) A local governing body may not deny the site
1493 applicant based on adequacy of the site plan as it relates
1494 solely to the needs of the school. If the site is consistent
1495 with the comprehensive plan’s land use policies and categories
1496 in which public schools are identified as allowable uses, the
1497 local government may not deny the application but it may impose
1498 reasonable development standards and conditions in accordance
1499 with s. 1013.51(1) and consider the site plan and its adequacy
1500 as it relates to environmental concerns, health, safety and
1501 welfare, and effects on adjacent property. Standards and
1502 conditions may not be imposed which conflict with those
1503 established in this chapter or the Florida Building Code, unless
1504 mutually agreed and consistent with the interlocal agreement
1505 required by s. 163.31777 subsections (2)-(6).
1506 (8)(12) This section does not prohibit a local governing
1507 body and district school board from agreeing and establishing an
1508 alternative process for reviewing a proposed educational
1509 facility and site plan, and offsite impacts, pursuant to an
1510 interlocal agreement adopted in accordance with s. 163.31777
1511 subsections (2)-(6).
1512 (9)(13) Existing schools shall be considered consistent
1513 with the applicable local government comprehensive plan adopted
1514 under part II of chapter 163. If a board submits an application
1515 to expand an existing school site, the local governing body may
1516 impose reasonable development standards and conditions on the
1517 expansion only, and in a manner consistent with s. 1013.51(1).
1518 Standards and conditions may not be imposed which conflict with
1519 those established in this chapter or the Florida Building Code,
1520 unless mutually agreed. Local government review or approval is
1521 not required for:
1522 (a) The placement of temporary or portable classroom
1523 facilities; or
1524 (b) Proposed renovation or construction on existing school
1525 sites, with the exception of construction that changes the
1526 primary use of a facility, includes stadiums, or results in a
1527 greater than 5 percent increase in student capacity, or as
1528 mutually agreed upon, pursuant to an interlocal agreement
1529 adopted in accordance with s. 163.31777 subsections (2)-(6).
1530 Section 20. Paragraph (b) of subsection (2) of section
1531 1013.35, Florida Statutes, is amended to read:
1532 1013.35 School district educational facilities plan;
1533 definitions; preparation, adoption, and amendment; long-term
1534 work programs.—
1535 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
1536 FACILITIES PLAN.—
1537 (b) The plan must also include a financially feasible
1538 district facilities work program for a 5-year period. The work
1539 program must include:
1540 1. A schedule of major repair and renovation projects
1541 necessary to maintain the educational facilities and ancillary
1542 facilities of the district.
1543 2. A schedule of capital outlay projects necessary to
1544 ensure the availability of satisfactory student stations for the
1545 projected student enrollment in K-12 programs. This schedule
1546 shall consider:
1547 a. The locations, capacities, and planned utilization rates
1548 of current educational facilities of the district. The capacity
1549 of existing satisfactory facilities, as reported in the Florida
1550 Inventory of School Houses must be compared to the capital
1551 outlay full-time-equivalent student enrollment as determined by
1552 the department, including all enrollment used in the calculation
1553 of the distribution formula in s. 1013.64.
1554 b. The proposed locations of planned facilities, whether
1555 those locations are consistent with the comprehensive plans of
1556 all affected local governments, and recommendations for
1557 infrastructure and other improvements to land adjacent to
1558 existing facilities. The provisions of ss. 1013.33(6), (7), and
1559 (8) ss. 1013.33(10), (11), and (12) and 1013.36 must be
1560 addressed for new facilities planned within the first 3 years of
1561 the work plan, as appropriate.
1562 c. Plans for the use and location of relocatable
1563 facilities, leased facilities, and charter school facilities.
1564 d. Plans for multitrack scheduling, grade level
1565 organization, block scheduling, or other alternatives that
1566 reduce the need for additional permanent student stations.
1567 e. Information concerning average class size and
1568 utilization rate by grade level within the district which will
1569 result if the tentative district facilities work program is
1570 fully implemented.
1571 f. The number and percentage of district students planned
1572 to be educated in relocatable facilities during each year of the
1573 tentative district facilities work program. For determining
1574 future needs, student capacity may not be assigned to any
1575 relocatable classroom that is scheduled for elimination or
1576 replacement with a permanent educational facility in the current
1577 year of the adopted district educational facilities plan and in
1578 the district facilities work program adopted under this section.
1579 Those relocatable classrooms clearly identified and scheduled
1580 for replacement in a school-board-adopted, financially feasible,
1581 5-year district facilities work program shall be counted at zero
1582 capacity at the time the work program is adopted and approved by
1583 the school board. However, if the district facilities work
1584 program is changed and the relocatable classrooms are not
1585 replaced as scheduled in the work program, the classrooms must
1586 be reentered into the system and be counted at actual capacity.
1587 Relocatable classrooms may not be perpetually added to the work
1588 program or continually extended for purposes of circumventing
1589 this section. All relocatable classrooms not identified and
1590 scheduled for replacement, including those owned, lease
1591 purchased, or leased by the school district, must be counted at
1592 actual student capacity. The district educational facilities
1593 plan must identify the number of relocatable student stations
1594 scheduled for replacement during the 5-year survey period and
1595 the total dollar amount needed for that replacement.
1596 g. Plans for the closure of any school, including plans for
1597 disposition of the facility or usage of facility space, and
1598 anticipated revenues.
1599 h. Projects for which capital outlay and debt service funds
1600 accruing under s. 9(d), Art. XII of the State Constitution are
1601 to be used shall be identified separately in priority order on a
1602 project priority list within the district facilities work
1603 program.
1604 3. The projected cost for each project identified in the
1605 district facilities work program. For proposed projects for new
1606 student stations, a schedule shall be prepared comparing the
1607 planned cost and square footage for each new student station, by
1608 elementary, middle, and high school levels, to the low, average,
1609 and high cost of facilities constructed throughout the state
1610 during the most recent fiscal year for which data is available
1611 from the Department of Education.
1612 4. A schedule of estimated capital outlay revenues from
1613 each currently approved source which is estimated to be
1614 available for expenditure on the projects included in the
1615 district facilities work program.
1616 5. A schedule indicating which projects included in the
1617 district facilities work program will be funded from current
1618 revenues projected in subparagraph 4.
1619 6. A schedule of options for the generation of additional
1620 revenues by the district for expenditure on projects identified
1621 in the district facilities work program which are not funded
1622 under subparagraph 5. Additional anticipated revenues may
1623 include effort index grants, SIT Program awards, and Classrooms
1624 First funds.
1625 Section 21. Subsections (3), (5), (6), (7), (8), (9), (10),
1626 and (11) of section 1013.351, Florida Statutes, are amended to
1627 read:
1628 1013.351 Coordination of planning between the Florida
1629 School for the Deaf and the Blind and local governing bodies.—
1630 (3) The board of trustees and the municipality in which the
1631 school is located may enter into an interlocal agreement to
1632 establish the specific ways in which the plans and processes of
1633 the board of trustees and the local government are to be
1634 coordinated. If the school and local government enter into an
1635 interlocal agreement, the agreement must be submitted to the
1636 state land planning agency and the Office of Educational
1637 Facilities.
1638 (5)(a) The Office of Educational Facilities shall submit
1639 any comments or concerns regarding the executed interlocal
1640 agreements to the state land planning agency no later than 30
1641 days after receipt of the executed interlocal agreements. The
1642 state land planning agency shall review the executed interlocal
1643 agreements to determine whether they are consistent with the
1644 requirements of subsection (4), the adopted local government
1645 comprehensive plans, and other requirements of law. Not later
1646 than 60 days after receipt of an executed interlocal agreement,
1647 the state land planning agency shall publish a notice of intent
1648 in the Florida Administrative Weekly. The notice of intent must
1649 state that the interlocal agreement is consistent or
1650 inconsistent with the requirements of subsection (4) and this
1651 subsection as appropriate.
1652 (b)1. The state land planning agency’s notice is subject to
1653 challenge under chapter 120. However, an affected person, as
1654 defined in s. 163.3184, has standing to initiate the
1655 administrative proceeding, and this proceeding is the sole means
1656 available to challenge the consistency of an interlocal
1657 agreement with the criteria contained in subsection (4) and this
1658 subsection. In order to have standing, a person must have
1659 submitted oral or written comments, recommendations, or
1660 objections to the appropriate local government or the board of
1661 trustees before the adoption of the interlocal agreement by the
1662 board of trustees and local government. The board of trustees
1663 and the appropriate local government are parties to any such
1664 proceeding.
1665 2. In the administrative proceeding, if the state land
1666 planning agency finds the interlocal agreement to be consistent
1667 with the criteria in subsection (4) and this subsection, the
1668 interlocal agreement must be determined to be consistent with
1669 subsection (4) and this subsection if the local government and
1670 board of trustees is fairly debatable.
1671 3. If the state land planning agency finds the interlocal
1672 agreement to be inconsistent with the requirements of subsection
1673 (4) and this subsection, the determination of consistency by the
1674 local government and board of trustees shall be sustained unless
1675 it is shown by a preponderance of the evidence that the
1676 interlocal agreement is inconsistent.
1677 (c) If the state land planning agency enters a final order
1678 that finds that the interlocal agreement is inconsistent with
1679 the requirements of subsection (4) or this subsection, the state
1680 land planning agency shall identify the issues in dispute and
1681 submit the matter to the Administration Commission for final
1682 action. The report to the Administration Commission must list
1683 each issue in dispute, describe the nature and basis for each
1684 dispute, identify alternative resolutions of each dispute, and
1685 make recommendations. After receiving the report from the state
1686 land planning agency, the Administration Commission shall take
1687 action to resolve the issues. In deciding upon a proper
1688 resolution, the Administration Commission shall consider the
1689 nature of the issues in dispute, the compliance of the parties
1690 with this section, the extent of the conflict between the
1691 parties, the comparative hardships, and the public interest
1692 involved. In resolving the matter, the Administration Commission
1693 may prescribe, by order, the contents of the interlocal
1694 agreement which shall be executed by the board of trustees and
1695 the local government.
1696 (5)(6) An interlocal agreement may be amended under
1697 subsections (2)-(4) (2)-(5):
1698 (a) In conjunction with updates to the school’s educational
1699 plant survey prepared under s. 1013.31; or
1700 (b) If either party delays by more than 12 months the
1701 construction of a capital improvement identified in the
1702 agreement.
1703 (6)(7) This section does not prohibit a local governing
1704 body and the board of trustees from agreeing and establishing an
1705 alternative process for reviewing proposed expansions to the
1706 school’s campus and offsite impacts, under the interlocal
1707 agreement adopted in accordance with subsections (2)-(5) (2)
1708 (6).
1709 (7)(8) School facilities within the geographic area or the
1710 campus of the school as it existed on or before January 1, 1998,
1711 are consistent with the local government’s comprehensive plan
1712 developed under part II of chapter 163 and consistent with the
1713 plan’s implementing land development regulations.
1714 (8)(9) To improve coordination relative to potential
1715 educational facility sites, the board of trustees shall provide
1716 written notice to the local governments consistent with the
1717 interlocal agreements entered under subsections (2)-(5) (2)-(6)
1718 at least 60 days before the board of trustees acquires any
1719 additional property. The local government shall notify the board
1720 of trustees no later than 45 days after receipt of this notice
1721 if the site proposed for acquisition is consistent with the land
1722 use categories and policies of the local government’s
1723 comprehensive plan. This preliminary notice does not constitute
1724 the local government’s determination of consistency under
1725 subsection (9) (10).
1726 (9)(10) As early in the design phase as feasible, but no
1727 later than 90 days before commencing construction, the board of
1728 trustees shall request in writing a determination of consistency
1729 with the local government’s comprehensive plan and local
1730 development regulations for the proposed use of any property
1731 acquired by the board of trustees on or after January 1, 1998.
1732 The local governing body that regulates the use of land shall
1733 determine, in writing, no later than 45 days after receiving the
1734 necessary information and a school board’s request for a
1735 determination, whether a proposed use of the property is
1736 consistent with the local comprehensive plan and consistent with
1737 local land development regulations. If the local governing body
1738 determines the proposed use is consistent, construction may
1739 commence and additional local government approvals are not
1740 required, except as provided in this section. Failure of the
1741 local governing body to make a determination in writing within
1742 90 days after receiving the board of trustees’ request for a
1743 determination of consistency shall be considered an approval of
1744 the board of trustees’ application. This subsection does not
1745 apply to facilities to be located on the property if a contract
1746 for construction of the facilities was entered on or before the
1747 effective date of this act.
1748 (10)(11) Disputes that arise in the implementation of an
1749 executed interlocal agreement or in the determinations required
1750 pursuant to subsection (8) (9) or subsection (9) (10) must be
1751 resolved in accordance with chapter 164.
1752 Section 22. Subsection (6) of section 1013.36, Florida
1753 Statutes, is amended to read:
1754 1013.36 Site planning and selection.—
1755 (6) If the school board and local government have entered
1756 into an interlocal agreement pursuant to s. 1013.33(2) and
1757 either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
1758 process to ensure consistency between the local government
1759 comprehensive plan and the school district educational
1760 facilities plan, site planning and selection must be consistent
1761 with the interlocal agreements and the plans.
1762 Section 23. This act shall take effect upon becoming a law.
1763
1764 ================= T I T L E A M E N D M E N T ================
1765 And the title is amended as follows:
1766 Delete everything before the enacting clause
1767 and insert:
1768 A bill to be entitled
1769 An act relating to growth management; amending s.
1770 163.3167, F.S.; authorizing a local government to
1771 retain certain charter provisions that were in effect
1772 as of a specified date and that relate to an
1773 initiative or referendum process; amending s.
1774 163.3174, F.S.; requiring a local land planning agency
1775 to periodically evaluate and appraise a comprehensive
1776 plan; amending s. 163.3175, F.S., requiring comments
1777 by military installations to be considered by local
1778 governments in a manner consistent with s. 163.3184,
1779 F.S.; specifying comments to be considered by the
1780 local government; amending s. 163.3177, F.S.; revising
1781 the housing and intergovernmental coordination
1782 elements of comprehensive plans; amending s.
1783 163.31777, F.S.; exempting certain municipalities from
1784 public schools interlocal-agreement requirements;
1785 providing requirements for municipalities meeting the
1786 exemption criteria; amending s. 163.3178, F.S.;
1787 replacing a reference to the Department of Community
1788 Affairs with the state land planning agency; deleting
1789 provisions relating to the Coastal Resources
1790 Interagency Management Committee; amending s.
1791 163.3180, F.S., relating to concurrency; revising and
1792 providing requirements relating to public facilities
1793 and services, public education facilities, and local
1794 school concurrency system requirements; deleting
1795 provisions excluding a municipality that is not a
1796 signatory to a certain interlocal agreement from
1797 participating in a school concurrency system; amending
1798 s. 163.3184, F.S.; revising provisions relating to the
1799 expedited state review process for adoption of
1800 comprehensive plan amendments; clarifying the time in
1801 which a local government must transmit an amendment to
1802 a comprehensive plan and supporting data and analyses
1803 to the reviewing agencies; deleting the deadlines in
1804 administrative challenges to comprehensive plans and
1805 plan amendments for the entry of final orders and
1806 referrals of recommended orders; specifying a deadline
1807 for the state land planning agency to issue a notice
1808 of intent after receiving a complete comprehensive
1809 plan or plan amendment adopted pursuant to a
1810 compliance agreement; amending s. 163.3191, F.S.;
1811 conforming a cross-reference to changes made by the
1812 act; amending s. 163.3245, F.S.; deleting an obsolete
1813 cross-reference; deleting a reporting requirement
1814 relating to optional sector plans; amending s.
1815 186.002, F.S.; deleting a requirement for the Governor
1816 to consider certain evaluation and appraisal reports
1817 in preparing certain plans and amendments; amending s.
1818 186.007, F.S.; deleting a requirement for the Governor
1819 to consider certain evaluation and appraisal reports
1820 when reviewing the state comprehensive plan; amending
1821 s. 186.505, F.S.; requiring a regional planning
1822 council to determine before accepting a grant that the
1823 purpose of the grant is in furtherance of its
1824 functions; prohibiting a regional planning council
1825 from providing consulting services for a fee to any
1826 local government for a project for which the council
1827 will serve in a review capacity; prohibiting a
1828 regional planning council from providing consulting
1829 services to a private developer or landowner for a
1830 project for which the council may serve in a review
1831 capacity in the future; amending s. 186.508, F.S.;
1832 requiring that regional planning councils coordinate
1833 implementation of the strategic regional policy plans
1834 with the evaluation and appraisal process; amending s.
1835 189.415, F.S.; requiring an independent special
1836 district to update its public facilities report every
1837 7 years and at least 12 months before the submission
1838 date of the evaluation and appraisal notification
1839 letter; requiring the Department of Economic
1840 Opportunity to post a schedule of the due dates for
1841 public facilities reports and updates that independent
1842 special districts must provide to local governments;
1843 amending s. 288.975, F.S.; deleting a provision
1844 exempting local government plan amendments necessary
1845 to initially adopt the military base reuse plan from a
1846 limitation on the frequency of plan amendments;
1847 amending s. 380.06, F.S.; correcting cross-references;
1848 amending s. 380.115, F.S.; adding a cross-reference
1849 for exempt developments; amending s. 1013.33, F.S.;
1850 deleting redundant requirements for interlocal
1851 agreements relating to public education facilities;
1852 amending s. 1013.35, F.S.; deleting a cross-reference
1853 to conform to changes made by the act; amending s.
1854 1013.351, F.S.; deleting redundant requirements for
1855 the submission of certain interlocal agreements to the
1856 Office of Educational Facilities and the state land
1857 planning agency and for review of the interlocal
1858 agreement by the office and the agency; amending s.
1859 1013.36, F.S.; deleting an obsolete cross-reference;
1860 providing an effective date.