Florida Senate - 2012                CS for CS for CS for SB 842
       
       
       
       By the Committees on Budget Subcommittee on Transportation,
       Tourism, and Economic Development Appropriations; Commerce and
       Tourism; and Community Affairs; and Senator Bennett
       
       
       606-04272-12                                           2012842c3
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3167, F.S.; authorizing a local government to
    4         retain certain charter provisions that were in effect
    5         as of a specified date and that relate to an
    6         initiative or referendum process; amending s.
    7         163.3174, F.S.; requiring a local land planning agency
    8         to periodically evaluate and appraise a comprehensive
    9         plan; amending s. 163.3175, F.S.; revising provisions
   10         related to growth management; requiring comments by
   11         military installations to be considered by local
   12         governments in a manner consistent with s. 163.3184,
   13         F.S.; specifying comments to be considered by the
   14         local government; amending s. 163.3177, F.S.;
   15         requiring estimates and projections of comprehensive
   16         plans to be based upon publications by the Office of
   17         Economic and Demographic Research; providing criteria
   18         for population projections; revising the housing and
   19         intergovernmental coordination elements of
   20         comprehensive plans; amending s. 163.31777, F.S.;
   21         exempting certain municipalities from public schools
   22         interlocal-agreement requirements; providing
   23         requirements for municipalities meeting the exemption
   24         criteria; amending s. 163.3178, F.S.; replacing a
   25         reference to the Department of Community Affairs with
   26         the state land planning agency; deleting provisions
   27         relating to the Coastal Resources Interagency
   28         Management Committee; amending s. 163.3180, F.S.,
   29         relating to concurrency; revising and providing
   30         requirements relating to public facilities and
   31         services, public education facilities, and local
   32         school concurrency system requirements; deleting
   33         provisions excluding a municipality that is not a
   34         signatory to a certain interlocal agreement from
   35         participating in a school concurrency system; amending
   36         s. 163.3184, F.S.; revising provisions relating to the
   37         expedited state review process for adoption of
   38         comprehensive plan amendments; clarifying the time in
   39         which a local government must transmit an amendment to
   40         a comprehensive plan and supporting data and analyses
   41         to the reviewing agencies; deleting the deadlines in
   42         administrative challenges to comprehensive plans and
   43         plan amendments for the entry of final orders and
   44         referrals of recommended orders; specifying a deadline
   45         for the state land planning agency to issue a notice
   46         of intent after receiving a complete comprehensive
   47         plan or plan amendment adopted pursuant to a
   48         compliance agreement; amending s. 163.3191, F.S.;
   49         conforming a cross-reference to changes made by the
   50         act; amending s. 163.3245, F.S.; deleting an obsolete
   51         cross-reference; deleting a reporting requirement
   52         relating to optional sector plans; amending s.
   53         186.002, F.S.; deleting a requirement for the Governor
   54         to consider certain evaluation and appraisal reports
   55         in preparing certain plans and amendments; amending s.
   56         186.007, F.S.; deleting a requirement for the Governor
   57         to consider certain evaluation and appraisal reports
   58         when reviewing the state comprehensive plan; amending
   59         s. 186.505, F.S.; authorizing a regional planning
   60         council to provide consulting services to a private
   61         developer or landowner under certain circumstances;
   62         amending s. 186.508, F.S.; requiring that regional
   63         planning councils coordinate implementation of the
   64         strategic regional policy plans with the evaluation
   65         and appraisal process; amending s. 189.415, F.S.;
   66         requiring an independent special district to update
   67         its public facilities report every 7 years and at
   68         least 12 months before the submission date of the
   69         evaluation and appraisal notification letter;
   70         requiring the Department of Economic Opportunity to
   71         post a schedule of the due dates for public facilities
   72         reports and updates that independent special districts
   73         must provide to local governments; amending s.
   74         288.975, F.S.; deleting a provision exempting local
   75         government plan amendments necessary to initially
   76         adopt the military base reuse plan from a limitation
   77         on the frequency of plan amendments; amending s.
   78         380.06, F.S.; correcting cross-references; amending s.
   79         380.115, F.S.; adding a cross-reference for exempt
   80         developments; amending s. 1013.33, F.S.; deleting
   81         redundant requirements for interlocal agreements
   82         relating to public education facilities; amending s.
   83         1013.35, F.S.; deleting a cross-reference to conform
   84         to changes made by the act; amending s. 1013.351,
   85         F.S.; deleting redundant requirements for the
   86         submission of certain interlocal agreements to the
   87         Office of Educational Facilities and the state land
   88         planning agency and for review of the interlocal
   89         agreement by the office and the agency; amending s.
   90         1013.36, F.S.; deleting an obsolete cross-reference;
   91         providing an effective date.
   92  
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Subsection (8) of section 163.3167, Florida
   96  Statutes, is amended to read:
   97         163.3167 Scope of act.—
   98         (8) An initiative or referendum process in regard to any
   99  development order or in regard to any local comprehensive plan
  100  amendment or map amendment is prohibited. However, any local
  101  government charter provision that was in effect as of June 1,
  102  2011, for an initiative or referendum process in regard to
  103  development orders or in regard to local comprehensive plan
  104  amendments or map amendments may be retained and implemented.
  105         Section 2. Paragraph (b) of subsection (4) of section
  106  163.3174, Florida Statutes, is amended to read:
  107         163.3174 Local planning agency.—
  108         (4) The local planning agency shall have the general
  109  responsibility for the conduct of the comprehensive planning
  110  program. Specifically, the local planning agency shall:
  111         (b) Monitor and oversee the effectiveness and status of the
  112  comprehensive plan and recommend to the governing body such
  113  changes in the comprehensive plan as may from time to time be
  114  required, including the periodic evaluation and appraisal of the
  115  comprehensive plan preparation of the periodic reports required
  116  by s. 163.3191.
  117         Section 3. Subsections (3), (5), and (6) of section
  118  163.3175, Florida Statutes, are amended to read:
  119         163.3175 Legislative findings on compatibility of
  120  development with military installations; exchange of information
  121  between local governments and military installations.—
  122         (3) The Florida Defense Support Task Force Council on
  123  Military Base and Mission Support may recommend to the
  124  Legislature changes to the military installations and local
  125  governments specified in subsection (2) based on a military
  126  base’s potential for impacts from encroachment, and incompatible
  127  land uses and development.
  128         (5) The commanding officer or his or her designee may
  129  provide advisory comments to the affected local government on
  130  the impact such proposed changes may have on the mission of the
  131  military installation. Such advisory comments shall be based on
  132  data and analyses provided with the comments and may include:
  133         (a) If the installation has an airfield, whether such
  134  proposed changes will be incompatible with the safety and noise
  135  standards contained in the Air Installation Compatible Use Zone
  136  (AICUZ) adopted by the military installation for that airfield;
  137         (b) Whether such changes are incompatible with the
  138  Installation Environmental Noise Management Program (IENMP) of
  139  the United States Army;
  140         (c) Whether such changes are incompatible with the findings
  141  of a Joint Land Use Study (JLUS) for the area if one has been
  142  completed; and
  143         (d) Whether the military installation’s mission will be
  144  adversely affected by the proposed actions of the county or
  145  affected local government.
  146  
  147  The commanding officer’s comments, underlying studies, and
  148  reports shall be considered by the local government in the same
  149  manner as the comments received from other reviewing agencies
  150  pursuant to s. 163.3184 are not binding on the local government.
  151         (6) The affected local government shall take into
  152  consideration any comments and accompanying data and analyses
  153  provided by the commanding officer or his or her designee
  154  pursuant to subsection (4) as they relate to the strategic
  155  mission of the base, public safety, and the economic vitality
  156  associated with the base’s operations, while also respecting and
  157  must also be sensitive to private property rights and not being
  158  be unduly restrictive on those rights. The affected local
  159  government shall forward a copy of any comments regarding
  160  comprehensive plan amendments to the state land planning agency.
  161         Section 4. Paragraph (f) of subsection (1) and paragraphs
  162  (a), (f), and (h) of subsection (6) of section 163.3177, Florida
  163  Statutes, are amended to read:
  164         163.3177 Required and optional elements of comprehensive
  165  plan; studies and surveys.—
  166         (1) The comprehensive plan shall provide the principles,
  167  guidelines, standards, and strategies for the orderly and
  168  balanced future economic, social, physical, environmental, and
  169  fiscal development of the area that reflects community
  170  commitments to implement the plan and its elements. These
  171  principles and strategies shall guide future decisions in a
  172  consistent manner and shall contain programs and activities to
  173  ensure comprehensive plans are implemented. The sections of the
  174  comprehensive plan containing the principles and strategies,
  175  generally provided as goals, objectives, and policies, shall
  176  describe how the local government’s programs, activities, and
  177  land development regulations will be initiated, modified, or
  178  continued to implement the comprehensive plan in a consistent
  179  manner. It is not the intent of this part to require the
  180  inclusion of implementing regulations in the comprehensive plan
  181  but rather to require identification of those programs,
  182  activities, and land development regulations that will be part
  183  of the strategy for implementing the comprehensive plan and the
  184  principles that describe how the programs, activities, and land
  185  development regulations will be carried out. The plan shall
  186  establish meaningful and predictable standards for the use and
  187  development of land and provide meaningful guidelines for the
  188  content of more detailed land development and use regulations.
  189         (f) All mandatory and optional elements of the
  190  comprehensive plan and plan amendments shall be based upon
  191  relevant and appropriate data and an analysis by the local
  192  government that may include, but not be limited to, surveys,
  193  studies, community goals and vision, and other data available at
  194  the time of adoption of the comprehensive plan or plan
  195  amendment. To be based on data means to react to it in an
  196  appropriate way and to the extent necessary indicated by the
  197  data available on that particular subject at the time of
  198  adoption of the plan or plan amendment at issue.
  199         1. Surveys, studies, and data utilized in the preparation
  200  of the comprehensive plan may not be deemed a part of the
  201  comprehensive plan unless adopted as a part of it. Copies of
  202  such studies, surveys, data, and supporting documents for
  203  proposed plans and plan amendments shall be made available for
  204  public inspection, and copies of such plans shall be made
  205  available to the public upon payment of reasonable charges for
  206  reproduction. Support data or summaries are not subject to the
  207  compliance review process, but the comprehensive plan must be
  208  clearly based on appropriate data. Support data or summaries may
  209  be used to aid in the determination of compliance and
  210  consistency.
  211         2. Data must be taken from professionally accepted sources.
  212  The application of a methodology utilized in data collection or
  213  whether a particular methodology is professionally accepted may
  214  be evaluated. However, the evaluation may not include whether
  215  one accepted methodology is better than another. Original data
  216  collection by local governments is not required. However, local
  217  governments may use original data so long as methodologies are
  218  professionally accepted.
  219         3. The comprehensive plan shall be based upon permanent and
  220  seasonal population estimates and projections, which shall
  221  either be those published provided by the Office of Economic and
  222  Demographic Research University of Florida’s Bureau of Economic
  223  and Business Research or generated by the local government based
  224  upon a professionally acceptable methodology. The plan must be
  225  based on at least the minimum amount of land required to
  226  accommodate the medium projections as published by the Office of
  227  Economic and Demographic Research of the University of Florida’s
  228  Bureau of Economic and Business Research for at least a 10-year
  229  planning period unless otherwise limited under s. 380.05,
  230  including related rules of the Administration Commission. Absent
  231  physical limitations on population growth, population
  232  projections for each municipality and the unincorporated area
  233  within a county must, at a minimum, be reflective of each area’s
  234  proportional share of the total county population and the total
  235  county population growth.
  236         (6) In addition to the requirements of subsections (1)-(5),
  237  the comprehensive plan shall include the following elements:
  238         (a) A future land use plan element designating proposed
  239  future general distribution, location, and extent of the uses of
  240  land for residential uses, commercial uses, industry,
  241  agriculture, recreation, conservation, education, public
  242  facilities, and other categories of the public and private uses
  243  of land. The approximate acreage and the general range of
  244  density or intensity of use shall be provided for the gross land
  245  area included in each existing land use category. The element
  246  shall establish the long-term end toward which land use programs
  247  and activities are ultimately directed.
  248         1. Each future land use category must be defined in terms
  249  of uses included, and must include standards to be followed in
  250  the control and distribution of population densities and
  251  building and structure intensities. The proposed distribution,
  252  location, and extent of the various categories of land use shall
  253  be shown on a land use map or map series which shall be
  254  supplemented by goals, policies, and measurable objectives.
  255         2. The future land use plan and plan amendments shall be
  256  based upon surveys, studies, and data regarding the area, as
  257  applicable, including:
  258         a. The amount of land required to accommodate anticipated
  259  growth.
  260         b. The projected permanent and seasonal population of the
  261  area.
  262         c. The character of undeveloped land.
  263         d. The availability of water supplies, public facilities,
  264  and services.
  265         e. The need for redevelopment, including the renewal of
  266  blighted areas and the elimination of nonconforming uses which
  267  are inconsistent with the character of the community.
  268         f. The compatibility of uses on lands adjacent to or
  269  closely proximate to military installations.
  270         g. The compatibility of uses on lands adjacent to an
  271  airport as defined in s. 330.35 and consistent with s. 333.02.
  272         h. The discouragement of urban sprawl.
  273         i. The need for job creation, capital investment, and
  274  economic development that will strengthen and diversify the
  275  community’s economy.
  276         j. The need to modify land uses and development patterns
  277  within antiquated subdivisions.
  278         3. The future land use plan element shall include criteria
  279  to be used to:
  280         a. Achieve the compatibility of lands adjacent or closely
  281  proximate to military installations, considering factors
  282  identified in s. 163.3175(5).
  283         b. Achieve the compatibility of lands adjacent to an
  284  airport as defined in s. 330.35 and consistent with s. 333.02.
  285         c. Encourage preservation of recreational and commercial
  286  working waterfronts for water-dependent uses in coastal
  287  communities.
  288         d. Encourage the location of schools proximate to urban
  289  residential areas to the extent possible.
  290         e. Coordinate future land uses with the topography and soil
  291  conditions, and the availability of facilities and services.
  292         f. Ensure the protection of natural and historic resources.
  293         g. Provide for the compatibility of adjacent land uses.
  294         h. Provide guidelines for the implementation of mixed-use
  295  development including the types of uses allowed, the percentage
  296  distribution among the mix of uses, or other standards, and the
  297  density and intensity of each use.
  298         4. The amount of land designated for future planned uses
  299  shall provide a balance of uses that foster vibrant, viable
  300  communities and economic development opportunities and address
  301  outdated development patterns, such as antiquated subdivisions.
  302  The amount of land designated for future land uses should allow
  303  the operation of real estate markets to provide adequate choices
  304  for permanent and seasonal residents and business and may not be
  305  limited solely by the projected population. The element shall
  306  accommodate at least the minimum amount of land required to
  307  accommodate the medium projections as published by the Office of
  308  Economic and Demographic Research of the University of Florida’s
  309  Bureau of Economic and Business Research for at least a 10-year
  310  planning period unless otherwise limited under s. 380.05,
  311  including related rules of the Administration Commission.
  312         5. The future land use plan of a county may designate areas
  313  for possible future municipal incorporation.
  314         6. The land use maps or map series shall generally identify
  315  and depict historic district boundaries and shall designate
  316  historically significant properties meriting protection.
  317         7. The future land use element must clearly identify the
  318  land use categories in which public schools are an allowable
  319  use. When delineating the land use categories in which public
  320  schools are an allowable use, a local government shall include
  321  in the categories sufficient land proximate to residential
  322  development to meet the projected needs for schools in
  323  coordination with public school boards and may establish
  324  differing criteria for schools of different type or size. Each
  325  local government shall include lands contiguous to existing
  326  school sites, to the maximum extent possible, within the land
  327  use categories in which public schools are an allowable use.
  328         8. Future land use map amendments shall be based upon the
  329  following analyses:
  330         a. An analysis of the availability of facilities and
  331  services.
  332         b. An analysis of the suitability of the plan amendment for
  333  its proposed use considering the character of the undeveloped
  334  land, soils, topography, natural resources, and historic
  335  resources on site.
  336         c. An analysis of the minimum amount of land needed to
  337  achieve the goals and requirements of this section as determined
  338  by the local government.
  339         9. The future land use element and any amendment to the
  340  future land use element shall discourage the proliferation of
  341  urban sprawl.
  342         a. The primary indicators that a plan or plan amendment
  343  does not discourage the proliferation of urban sprawl are listed
  344  below. The evaluation of the presence of these indicators shall
  345  consist of an analysis of the plan or plan amendment within the
  346  context of features and characteristics unique to each locality
  347  in order to determine whether the plan or plan amendment:
  348         (I) Promotes, allows, or designates for development
  349  substantial areas of the jurisdiction to develop as low
  350  intensity, low-density, or single-use development or uses.
  351         (II) Promotes, allows, or designates significant amounts of
  352  urban development to occur in rural areas at substantial
  353  distances from existing urban areas while not using undeveloped
  354  lands that are available and suitable for development.
  355         (III) Promotes, allows, or designates urban development in
  356  radial, strip, isolated, or ribbon patterns generally emanating
  357  from existing urban developments.
  358         (IV) Fails to adequately protect and conserve natural
  359  resources, such as wetlands, floodplains, native vegetation,
  360  environmentally sensitive areas, natural groundwater aquifer
  361  recharge areas, lakes, rivers, shorelines, beaches, bays,
  362  estuarine systems, and other significant natural systems.
  363         (V) Fails to adequately protect adjacent agricultural areas
  364  and activities, including silviculture, active agricultural and
  365  silvicultural activities, passive agricultural activities, and
  366  dormant, unique, and prime farmlands and soils.
  367         (VI) Fails to maximize use of existing public facilities
  368  and services.
  369         (VII) Fails to maximize use of future public facilities and
  370  services.
  371         (VIII) Allows for land use patterns or timing which
  372  disproportionately increase the cost in time, money, and energy
  373  of providing and maintaining facilities and services, including
  374  roads, potable water, sanitary sewer, stormwater management, law
  375  enforcement, education, health care, fire and emergency
  376  response, and general government.
  377         (IX) Fails to provide a clear separation between rural and
  378  urban uses.
  379         (X) Discourages or inhibits infill development or the
  380  redevelopment of existing neighborhoods and communities.
  381         (XI) Fails to encourage a functional mix of uses.
  382         (XII) Results in poor accessibility among linked or related
  383  land uses.
  384         (XIII) Results in the loss of significant amounts of
  385  functional open space.
  386         b. The future land use element or plan amendment shall be
  387  determined to discourage the proliferation of urban sprawl if it
  388  incorporates a development pattern or urban form that achieves
  389  four or more of the following:
  390         (I) Directs or locates economic growth and associated land
  391  development to geographic areas of the community in a manner
  392  that does not have an adverse impact on and protects natural
  393  resources and ecosystems.
  394         (II) Promotes the efficient and cost-effective provision or
  395  extension of public infrastructure and services.
  396         (III) Promotes walkable and connected communities and
  397  provides for compact development and a mix of uses at densities
  398  and intensities that will support a range of housing choices and
  399  a multimodal transportation system, including pedestrian,
  400  bicycle, and transit, if available.
  401         (IV) Promotes conservation of water and energy.
  402         (V) Preserves agricultural areas and activities, including
  403  silviculture, and dormant, unique, and prime farmlands and
  404  soils.
  405         (VI) Preserves open space and natural lands and provides
  406  for public open space and recreation needs.
  407         (VII) Creates a balance of land uses based upon demands of
  408  the residential population for the nonresidential needs of an
  409  area.
  410         (VIII) Provides uses, densities, and intensities of use and
  411  urban form that would remediate an existing or planned
  412  development pattern in the vicinity that constitutes sprawl or
  413  if it provides for an innovative development pattern such as
  414  transit-oriented developments or new towns as defined in s.
  415  163.3164.
  416         10. The future land use element shall include a future land
  417  use map or map series.
  418         a. The proposed distribution, extent, and location of the
  419  following uses shall be shown on the future land use map or map
  420  series:
  421         (I) Residential.
  422         (II) Commercial.
  423         (III) Industrial.
  424         (IV) Agricultural.
  425         (V) Recreational.
  426         (VI) Conservation.
  427         (VII) Educational.
  428         (VIII) Public.
  429         b. The following areas shall also be shown on the future
  430  land use map or map series, if applicable:
  431         (I) Historic district boundaries and designated
  432  historically significant properties.
  433         (II) Transportation concurrency management area boundaries
  434  or transportation concurrency exception area boundaries.
  435         (III) Multimodal transportation district boundaries.
  436         (IV) Mixed-use categories.
  437         c. The following natural resources or conditions shall be
  438  shown on the future land use map or map series, if applicable:
  439         (I) Existing and planned public potable waterwells, cones
  440  of influence, and wellhead protection areas.
  441         (II) Beaches and shores, including estuarine systems.
  442         (III) Rivers, bays, lakes, floodplains, and harbors.
  443         (IV) Wetlands.
  444         (V) Minerals and soils.
  445         (VI) Coastal high hazard areas.
  446         11. Local governments required to update or amend their
  447  comprehensive plan to include criteria and address compatibility
  448  of lands adjacent or closely proximate to existing military
  449  installations, or lands adjacent to an airport as defined in s.
  450  330.35 and consistent with s. 333.02, in their future land use
  451  plan element shall transmit the update or amendment to the state
  452  land planning agency by June 30, 2012.
  453         (f)1. A housing element consisting of principles,
  454  guidelines, standards, and strategies to be followed in:
  455         a. The provision of housing for all current and anticipated
  456  future residents of the jurisdiction.
  457         b. The elimination of substandard dwelling conditions.
  458         c. The structural and aesthetic improvement of existing
  459  housing.
  460         d. The provision of adequate sites for future housing,
  461  including affordable workforce housing as defined in s.
  462  380.0651(3)(h), housing for low-income, very low-income, and
  463  moderate-income families, mobile homes, and group home
  464  facilities and foster care facilities, with supporting
  465  infrastructure and public facilities. The element may include
  466  provisions that specifically address affordable housing for
  467  persons 60 years of age or older. Real property that is conveyed
  468  to a local government for affordable housing under this sub
  469  subparagraph shall be disposed of by the local government
  470  pursuant to s. 125.379 or s. 166.0451.
  471         e. Provision for relocation housing and identification of
  472  historically significant and other housing for purposes of
  473  conservation, rehabilitation, or replacement.
  474         f. The formulation of housing implementation programs.
  475         g. The creation or preservation of affordable housing to
  476  minimize the need for additional local services and avoid the
  477  concentration of affordable housing units only in specific areas
  478  of the jurisdiction.
  479         2. The principles, guidelines, standards, and strategies of
  480  the housing element must be based on the data and analysis
  481  prepared on housing needs, including an inventory taken from the
  482  latest decennial United States Census or more recent estimates,
  483  which shall include the number and distribution of dwelling
  484  units by type, tenure, age, rent, value, monthly cost of owner
  485  occupied units, and rent or cost to income ratio, and shall show
  486  the number of dwelling units that are substandard. The data and
  487  analysis inventory shall also include the methodology used to
  488  estimate the condition of housing, a projection of the
  489  anticipated number of households by size, income range, and age
  490  of residents derived from the population projections, and the
  491  minimum housing need of the current and anticipated future
  492  residents of the jurisdiction.
  493         3. The housing element must express principles, guidelines,
  494  standards, and strategies that reflect, as needed, the creation
  495  and preservation of affordable housing for all current and
  496  anticipated future residents of the jurisdiction, elimination of
  497  substandard housing conditions, adequate sites, and distribution
  498  of housing for a range of incomes and types, including mobile
  499  and manufactured homes. The element must provide for specific
  500  programs and actions to partner with private and nonprofit
  501  sectors to address housing needs in the jurisdiction, streamline
  502  the permitting process, and minimize costs and delays for
  503  affordable housing, establish standards to address the quality
  504  of housing, stabilization of neighborhoods, and identification
  505  and improvement of historically significant housing.
  506         4. State and federal housing plans prepared on behalf of
  507  the local government must be consistent with the goals,
  508  objectives, and policies of the housing element. Local
  509  governments are encouraged to use job training, job creation,
  510  and economic solutions to address a portion of their affordable
  511  housing concerns.
  512         (h)1. An intergovernmental coordination element showing
  513  relationships and stating principles and guidelines to be used
  514  in coordinating the adopted comprehensive plan with the plans of
  515  school boards, regional water supply authorities, and other
  516  units of local government providing services but not having
  517  regulatory authority over the use of land, with the
  518  comprehensive plans of adjacent municipalities, the county,
  519  adjacent counties, or the region, with the state comprehensive
  520  plan and with the applicable regional water supply plan approved
  521  pursuant to s. 373.709, as the case may require and as such
  522  adopted plans or plans in preparation may exist. This element of
  523  the local comprehensive plan must demonstrate consideration of
  524  the particular effects of the local plan, when adopted, upon the
  525  development of adjacent municipalities, the county, adjacent
  526  counties, or the region, or upon the state comprehensive plan,
  527  as the case may require.
  528         a. The intergovernmental coordination element must provide
  529  procedures for identifying and implementing joint planning
  530  areas, especially for the purpose of annexation, municipal
  531  incorporation, and joint infrastructure service areas.
  532         b. The intergovernmental coordination element shall provide
  533  for a dispute resolution process, as established pursuant to s.
  534  186.509, for bringing intergovernmental disputes to closure in a
  535  timely manner.
  536         c. The intergovernmental coordination element shall provide
  537  for interlocal agreements as established pursuant to s.
  538  333.03(1)(b).
  539         2. The intergovernmental coordination element shall also
  540  state principles and guidelines to be used in coordinating the
  541  adopted comprehensive plan with the plans of school boards and
  542  other units of local government providing facilities and
  543  services but not having regulatory authority over the use of
  544  land. In addition, the intergovernmental coordination element
  545  must describe joint processes for collaborative planning and
  546  decisionmaking on population projections and public school
  547  siting, the location and extension of public facilities subject
  548  to concurrency, and siting facilities with countywide
  549  significance, including locally unwanted land uses whose nature
  550  and identity are established in an agreement.
  551         3. Within 1 year after adopting their intergovernmental
  552  coordination elements, each county, all the municipalities
  553  within that county, the district school board, and any unit of
  554  local government service providers in that county shall
  555  establish by interlocal or other formal agreement executed by
  556  all affected entities, the joint processes described in this
  557  subparagraph consistent with their adopted intergovernmental
  558  coordination elements. The agreement element must:
  559         a. Ensure that the local government addresses through
  560  coordination mechanisms the impacts of development proposed in
  561  the local comprehensive plan upon development in adjacent
  562  municipalities, the county, adjacent counties, the region, and
  563  the state. The area of concern for municipalities shall include
  564  adjacent municipalities, the county, and counties adjacent to
  565  the municipality. The area of concern for counties shall include
  566  all municipalities within the county, adjacent counties, and
  567  adjacent municipalities.
  568         b. Ensure coordination in establishing level of service
  569  standards for public facilities with any state, regional, or
  570  local entity having operational and maintenance responsibility
  571  for such facilities.
  572         Section 5. Subsections (3) and (4) are added to section
  573  163.31777, Florida Statutes, to read:
  574         163.31777 Public schools interlocal agreement.—
  575         (3) A municipality is exempt from the requirements of
  576  subsections (1) and (2) if the municipality meets all of the
  577  following criteria for having no significant impact on school
  578  attendance:
  579         (a) The municipality has issued development orders for
  580  fewer than 50 residential dwelling units during the preceding 5
  581  years, or the municipality has generated fewer than 25
  582  additional public school students during the preceding 5 years.
  583         (b) The municipality has not annexed new land during the
  584  preceding 5 years in land use categories that permit residential
  585  uses that will affect school attendance rates.
  586         (c) The municipality has no public schools located within
  587  its boundaries.
  588         (d) At least 80 percent of the developable land within the
  589  boundaries of the municipality has been built upon.
  590         (4) At the time of the evaluation and appraisal of its
  591  comprehensive plan pursuant to s. 163.3191, each exempt
  592  municipality shall assess the extent to which it continues to
  593  meet the criteria for exemption under subsection (3). If the
  594  municipality continues to meet the criteria for exemption under
  595  subsection (3), the municipality shall continue to be exempt
  596  from the interlocal-agreement requirement. Each municipality
  597  exempt under subsection (3) must comply with this section within
  598  1 year after the district school board proposes, in its 5-year
  599  district facilities work program, a new school within the
  600  municipality’s jurisdiction.
  601         Section 6. Subsections (3) and (6) of section 163.3178,
  602  Florida Statutes, are amended to read:
  603         163.3178 Coastal management.—
  604         (3) Expansions to port harbors, spoil disposal sites,
  605  navigation channels, turning basins, harbor berths, and other
  606  related inwater harbor facilities of ports listed in s.
  607  403.021(9); port transportation facilities and projects listed
  608  in s. 311.07(3)(b); intermodal transportation facilities
  609  identified pursuant to s. 311.09(3); and facilities determined
  610  by the state land planning agency Department of Community
  611  Affairs and applicable general-purpose local government to be
  612  port-related industrial or commercial projects located within 3
  613  miles of or in a port master plan area which rely upon the use
  614  of port and intermodal transportation facilities shall not be
  615  designated as developments of regional impact if such
  616  expansions, projects, or facilities are consistent with
  617  comprehensive master plans that are in compliance with this
  618  section.
  619         (6) Local governments are encouraged to adopt countywide
  620  marina siting plans to designate sites for existing and future
  621  marinas. The Coastal Resources Interagency Management Committee,
  622  at the direction of the Legislature, shall identify incentives
  623  to encourage local governments to adopt such siting plans and
  624  uniform criteria and standards to be used by local governments
  625  to implement state goals, objectives, and policies relating to
  626  marina siting. These criteria must ensure that priority is given
  627  to water-dependent land uses. Countywide marina siting plans
  628  must be consistent with state and regional environmental
  629  planning policies and standards. Each local government in the
  630  coastal area which participates in adoption of a countywide
  631  marina siting plan shall incorporate the plan into the coastal
  632  management element of its local comprehensive plan.
  633         Section 7. Paragraph (a) of subsection (1) and paragraphs
  634  (a), (i), (j), and (k) of subsection (6) of section 163.3180,
  635  Florida Statutes, are amended to read:
  636         163.3180 Concurrency.—
  637         (1) Sanitary sewer, solid waste, drainage, and potable
  638  water are the only public facilities and services subject to the
  639  concurrency requirement on a statewide basis. Additional public
  640  facilities and services may not be made subject to concurrency
  641  on a statewide basis without approval by the Legislature;
  642  however, any local government may extend the concurrency
  643  requirement so that it applies to additional public facilities
  644  within its jurisdiction.
  645         (a) If concurrency is applied to other public facilities,
  646  the local government comprehensive plan must provide the
  647  principles, guidelines, standards, and strategies, including
  648  adopted levels of service, to guide its application. In order
  649  for a local government to rescind any optional concurrency
  650  provisions, a comprehensive plan amendment is required. An
  651  amendment rescinding optional concurrency issues shall be
  652  processed under the expedited state review process in s.
  653  163.3184(3), but the amendment is not subject to state review
  654  and is not required to be transmitted to the reviewing agencies
  655  for comments, except that the local government shall transmit
  656  the amendment to any local government or government agency that
  657  has filed a request with the governing body, and for municipal
  658  amendments, the amendment shall be transmitted to the county in
  659  which the municipality is located. For informational purposes
  660  only, a copy of the adopted amendment shall be provided to the
  661  state land planning agency. A copy of the adopted amendment
  662  shall also be provided to the Department of Transportation if
  663  the amendment rescinds transportation concurrency and to the
  664  Department of Education if the amendment rescinds school
  665  concurrency.
  666         (6)(a) Local governments that apply If concurrency is
  667  applied to public education facilities, all local governments
  668  within a county, except as provided in paragraph (i), shall
  669  include principles, guidelines, standards, and strategies,
  670  including adopted levels of service, in their comprehensive
  671  plans and interlocal agreements. The choice of one or more
  672  municipalities to not adopt school concurrency and enter into
  673  the interlocal agreement does not preclude implementation of
  674  school concurrency within other jurisdictions of the school
  675  district if the county and one or more municipalities have
  676  adopted school concurrency into their comprehensive plan and
  677  interlocal agreement that represents at least 80 percent of the
  678  total countywide population, the failure of one or more
  679  municipalities to adopt the concurrency and enter into the
  680  interlocal agreement does not preclude implementation of school
  681  concurrency within jurisdictions of the school district that
  682  have opted to implement concurrency. All local government
  683  provisions included in comprehensive plans regarding school
  684  concurrency within a county must be consistent with each other
  685  as well as the requirements of this part.
  686         (i) A municipality is not required to be a signatory to the
  687  interlocal agreement required by paragraph (j), as a
  688  prerequisite for imposition of school concurrency, and as a
  689  nonsignatory, may not participate in the adopted local school
  690  concurrency system, if the municipality meets all of the
  691  following criteria for having no significant impact on school
  692  attendance:
  693         1. The municipality has issued development orders for fewer
  694  than 50 residential dwelling units during the preceding 5 years,
  695  or the municipality has generated fewer than 25 additional
  696  public school students during the preceding 5 years.
  697         2. The municipality has not annexed new land during the
  698  preceding 5 years in land use categories which permit
  699  residential uses that will affect school attendance rates.
  700         3. The municipality has no public schools located within
  701  its boundaries.
  702         4. At least 80 percent of the developable land within the
  703  boundaries of the municipality has been built upon.
  704         (i)(j) When establishing concurrency requirements for
  705  public schools, a local government must enter into an interlocal
  706  agreement that satisfies the requirements in ss.
  707  163.3177(6)(h)1. and 2. and 163.31777 and the requirements of
  708  this subsection. The interlocal agreement shall acknowledge both
  709  the school board’s constitutional and statutory obligations to
  710  provide a uniform system of free public schools on a countywide
  711  basis, and the land use authority of local governments,
  712  including their authority to approve or deny comprehensive plan
  713  amendments and development orders. The interlocal agreement
  714  shall meet the following requirements:
  715         1. Establish the mechanisms for coordinating the
  716  development, adoption, and amendment of each local government’s
  717  school concurrency related provisions of the comprehensive plan
  718  with each other and the plans of the school board to ensure a
  719  uniform districtwide school concurrency system.
  720         2. Specify uniform, districtwide level-of-service standards
  721  for public schools of the same type and the process for
  722  modifying the adopted level-of-service standards.
  723         3. Define the geographic application of school concurrency.
  724  If school concurrency is to be applied on a less than
  725  districtwide basis in the form of concurrency service areas, the
  726  agreement shall establish criteria and standards for the
  727  establishment and modification of school concurrency service
  728  areas. The agreement shall ensure maximum utilization of school
  729  capacity, taking into account transportation costs and court
  730  approved desegregation plans, as well as other factors.
  731         4. Establish a uniform districtwide procedure for
  732  implementing school concurrency which provides for:
  733         a. The evaluation of development applications for
  734  compliance with school concurrency requirements, including
  735  information provided by the school board on affected schools,
  736  impact on levels of service, and programmed improvements for
  737  affected schools and any options to provide sufficient capacity;
  738         b. An opportunity for the school board to review and
  739  comment on the effect of comprehensive plan amendments and
  740  rezonings on the public school facilities plan; and
  741         c. The monitoring and evaluation of the school concurrency
  742  system.
  743         5. A process and uniform methodology for determining
  744  proportionate-share mitigation pursuant to paragraph (h).
  745         (j)(k) This subsection does not limit the authority of a
  746  local government to grant or deny a development permit or its
  747  functional equivalent prior to the implementation of school
  748  concurrency.
  749         Section 8. Paragraphs (b) and (c) of subsection (3),
  750  paragraphs (b) and (e) of subsection (4), paragraphs (b), (d),
  751  and (e) of subsection (5), paragraph (f) of subsection (6), and
  752  subsection (12) of section 163.3184, Florida Statutes, are
  753  amended to read:
  754         163.3184 Process for adoption of comprehensive plan or plan
  755  amendment.—
  756         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
  757  COMPREHENSIVE PLAN AMENDMENTS.—
  758         (b)1. The local government, after the initial public
  759  hearing held pursuant to subsection (11), shall transmit within
  760  10 working days the amendment or amendments and appropriate
  761  supporting data and analyses to the reviewing agencies. The
  762  local governing body shall also transmit a copy of the
  763  amendments and supporting data and analyses to any other local
  764  government or governmental agency that has filed a written
  765  request with the governing body.
  766         2. The reviewing agencies and any other local government or
  767  governmental agency specified in subparagraph 1. may provide
  768  comments regarding the amendment or amendments to the local
  769  government. State agencies shall only comment on important state
  770  resources and facilities that will be adversely impacted by the
  771  amendment if adopted. Comments provided by state agencies shall
  772  state with specificity how the plan amendment will adversely
  773  impact an important state resource or facility and shall
  774  identify measures the local government may take to eliminate,
  775  reduce, or mitigate the adverse impacts. Such comments, if not
  776  resolved, may result in a challenge by the state land planning
  777  agency to the plan amendment. Agencies and local governments
  778  must transmit their comments to the affected local government
  779  such that they are received by the local government not later
  780  than 30 days after from the date on which the agency or
  781  government received the amendment or amendments. Reviewing
  782  agencies shall also send a copy of their comments to the state
  783  land planning agency.
  784         3. Comments to the local government from a regional
  785  planning council, county, or municipality shall be limited as
  786  follows:
  787         a. The regional planning council review and comments shall
  788  be limited to adverse effects on regional resources or
  789  facilities identified in the strategic regional policy plan and
  790  extrajurisdictional impacts that would be inconsistent with the
  791  comprehensive plan of any affected local government within the
  792  region. A regional planning council may not review and comment
  793  on a proposed comprehensive plan amendment prepared by such
  794  council unless the plan amendment has been changed by the local
  795  government subsequent to the preparation of the plan amendment
  796  by the regional planning council.
  797         b. County comments shall be in the context of the
  798  relationship and effect of the proposed plan amendments on the
  799  county plan.
  800         c. Municipal comments shall be in the context of the
  801  relationship and effect of the proposed plan amendments on the
  802  municipal plan.
  803         d. Military installation comments shall be provided in
  804  accordance with s. 163.3175.
  805         4. Comments to the local government from state agencies
  806  shall be limited to the following subjects as they relate to
  807  important state resources and facilities that will be adversely
  808  impacted by the amendment if adopted:
  809         a. The Department of Environmental Protection shall limit
  810  its comments to the subjects of air and water pollution;
  811  wetlands and other surface waters of the state; federal and
  812  state-owned lands and interest in lands, including state parks,
  813  greenways and trails, and conservation easements; solid waste;
  814  water and wastewater treatment; and the Everglades ecosystem
  815  restoration.
  816         b. The Department of State shall limit its comments to the
  817  subjects of historic and archaeological resources.
  818         c. The Department of Transportation shall limit its
  819  comments to issues within the agency’s jurisdiction as it
  820  relates to transportation resources and facilities of state
  821  importance.
  822         d. The Fish and Wildlife Conservation Commission shall
  823  limit its comments to subjects relating to fish and wildlife
  824  habitat and listed species and their habitat.
  825         e. The Department of Agriculture and Consumer Services
  826  shall limit its comments to the subjects of agriculture,
  827  forestry, and aquaculture issues.
  828         f. The Department of Education shall limit its comments to
  829  the subject of public school facilities.
  830         g. The appropriate water management district shall limit
  831  its comments to flood protection and floodplain management,
  832  wetlands and other surface waters, and regional water supply.
  833         h. The state land planning agency shall limit its comments
  834  to important state resources and facilities outside the
  835  jurisdiction of other commenting state agencies and may include
  836  comments on countervailing planning policies and objectives
  837  served by the plan amendment that should be balanced against
  838  potential adverse impacts to important state resources and
  839  facilities.
  840         (c)1. The local government shall hold its second public
  841  hearing, which shall be a hearing on whether to adopt one or
  842  more comprehensive plan amendments pursuant to subsection (11).
  843  If the local government fails, within 180 days after receipt of
  844  agency comments, to hold the second public hearing, the
  845  amendments shall be deemed withdrawn unless extended by
  846  agreement with notice to the state land planning agency and any
  847  affected person that provided comments on the amendment. The
  848  180-day limitation does not apply to amendments processed
  849  pursuant to s. 380.06.
  850         2. All comprehensive plan amendments adopted by the
  851  governing body, along with the supporting data and analysis,
  852  shall be transmitted within 10 working days after the second
  853  public hearing to the state land planning agency and any other
  854  agency or local government that provided timely comments under
  855  subparagraph (b)2.
  856         3. The state land planning agency shall notify the local
  857  government of any deficiencies within 5 working days after
  858  receipt of an amendment package. For purposes of completeness,
  859  an amendment shall be deemed complete if it contains a full,
  860  executed copy of the adoption ordinance or ordinances; in the
  861  case of a text amendment, a full copy of the amended language in
  862  legislative format with new words inserted in the text
  863  underlined, and words deleted stricken with hyphens; in the case
  864  of a future land use map amendment, a copy of the future land
  865  use map clearly depicting the parcel, its existing future land
  866  use designation, and its adopted designation; and a copy of any
  867  data and analyses the local government deems appropriate.
  868         4. An amendment adopted under this paragraph does not
  869  become effective until 31 days after the state land planning
  870  agency notifies the local government that the plan amendment
  871  package is complete. If timely challenged, an amendment does not
  872  become effective until the state land planning agency or the
  873  Administration Commission enters a final order determining the
  874  adopted amendment to be in compliance.
  875         (4) STATE COORDINATED REVIEW PROCESS.—
  876         (b) Local government transmittal of proposed plan or
  877  amendment.—Each local governing body proposing a plan or plan
  878  amendment specified in paragraph (2)(c) shall transmit the
  879  complete proposed comprehensive plan or plan amendment to the
  880  reviewing agencies within 10 working days after immediately
  881  following the first public hearing pursuant to subsection (11).
  882  The transmitted document shall clearly indicate on the cover
  883  sheet that this plan amendment is subject to the state
  884  coordinated review process of this subsection. The local
  885  governing body shall also transmit a copy of the complete
  886  proposed comprehensive plan or plan amendment to any other unit
  887  of local government or government agency in the state that has
  888  filed a written request with the governing body for the plan or
  889  plan amendment.
  890         (e) Local government review of comments; adoption of plan
  891  or amendments and transmittal.—
  892         1. The local government shall review the report submitted
  893  to it by the state land planning agency, if any, and written
  894  comments submitted to it by any other person, agency, or
  895  government. The local government, upon receipt of the report
  896  from the state land planning agency, shall hold its second
  897  public hearing, which shall be a hearing to determine whether to
  898  adopt the comprehensive plan or one or more comprehensive plan
  899  amendments pursuant to subsection (11). If the local government
  900  fails to hold the second hearing within 180 days after receipt
  901  of the state land planning agency’s report, the amendments shall
  902  be deemed withdrawn unless extended by agreement with notice to
  903  the state land planning agency and any affected person that
  904  provided comments on the amendment. The 180-day limitation does
  905  not apply to amendments processed pursuant to s. 380.06.
  906         2. All comprehensive plan amendments adopted by the
  907  governing body, along with the supporting data and analysis,
  908  shall be transmitted within 10 working days after the second
  909  public hearing to the state land planning agency and any other
  910  agency or local government that provided timely comments under
  911  paragraph (c).
  912         3. The state land planning agency shall notify the local
  913  government of any deficiencies within 5 working days after
  914  receipt of a plan or plan amendment package. For purposes of
  915  completeness, a plan or plan amendment shall be deemed complete
  916  if it contains a full, executed copy of the adoption ordinance
  917  or ordinances; in the case of a text amendment, a full copy of
  918  the amended language in legislative format with new words
  919  inserted in the text underlined, and words deleted stricken with
  920  hyphens; in the case of a future land use map amendment, a copy
  921  of the future land use map clearly depicting the parcel, its
  922  existing future land use designation, and its adopted
  923  designation; and a copy of any data and analyses the local
  924  government deems appropriate.
  925         4. After the state land planning agency makes a
  926  determination of completeness regarding the adopted plan or plan
  927  amendment, the state land planning agency shall have 45 days to
  928  determine if the plan or plan amendment is in compliance with
  929  this act. Unless the plan or plan amendment is substantially
  930  changed from the one commented on, the state land planning
  931  agency’s compliance determination shall be limited to objections
  932  raised in the objections, recommendations, and comments report.
  933  During the period provided for in this subparagraph, the state
  934  land planning agency shall issue, through a senior administrator
  935  or the secretary, a notice of intent to find that the plan or
  936  plan amendment is in compliance or not in compliance. The state
  937  land planning agency shall post a copy of the notice of intent
  938  on the agency’s Internet website. Publication by the state land
  939  planning agency of the notice of intent on the state land
  940  planning agency’s Internet site shall be prima facie evidence of
  941  compliance with the publication requirements of this
  942  subparagraph.
  943         5. A plan or plan amendment adopted under the state
  944  coordinated review process shall go into effect pursuant to the
  945  state land planning agency’s notice of intent. If timely
  946  challenged, an amendment does not become effective until the
  947  state land planning agency or the Administration Commission
  948  enters a final order determining the adopted amendment to be in
  949  compliance.
  950         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  951  AMENDMENTS.—
  952         (b) The state land planning agency may file a petition with
  953  the Division of Administrative Hearings pursuant to ss. 120.569
  954  and 120.57, with a copy served on the affected local government,
  955  to request a formal hearing to challenge whether the plan or
  956  plan amendment is in compliance as defined in paragraph (1)(b).
  957  The state land planning agency’s petition must clearly state the
  958  reasons for the challenge. Under the expedited state review
  959  process, this petition must be filed with the division within 30
  960  days after the state land planning agency notifies the local
  961  government that the plan amendment package is complete according
  962  to subparagraph (3)(c)3. Under the state coordinated review
  963  process, this petition must be filed with the division within 45
  964  days after the state land planning agency notifies the local
  965  government that the plan amendment package is complete according
  966  to subparagraph (4)(e)3 (3)(c)3.
  967         1. The state land planning agency’s challenge to plan
  968  amendments adopted under the expedited state review process
  969  shall be limited to the comments provided by the reviewing
  970  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  971  determination by the state land planning agency that an
  972  important state resource or facility will be adversely impacted
  973  by the adopted plan amendment. The state land planning agency’s
  974  petition shall state with specificity how the plan amendment
  975  will adversely impact the important state resource or facility.
  976  The state land planning agency may challenge a plan amendment
  977  that has substantially changed from the version on which the
  978  agencies provided comments but only upon a determination by the
  979  state land planning agency that an important state resource or
  980  facility will be adversely impacted.
  981         2. If the state land planning agency issues a notice of
  982  intent to find the comprehensive plan or plan amendment not in
  983  compliance with this act, the notice of intent shall be
  984  forwarded to the Division of Administrative Hearings of the
  985  Department of Management Services, which shall conduct a
  986  proceeding under ss. 120.569 and 120.57 in the county of and
  987  convenient to the affected local jurisdiction. The parties to
  988  the proceeding shall be the state land planning agency, the
  989  affected local government, and any affected person who
  990  intervenes. A No new issue may not be alleged as a reason to
  991  find a plan or plan amendment not in compliance in an
  992  administrative pleading filed more than 21 days after
  993  publication of notice unless the party seeking that issue
  994  establishes good cause for not alleging the issue within that
  995  time period. Good cause does not include excusable neglect.
  996         (d) If the administrative law judge recommends that the
  997  amendment be found not in compliance, the judge shall submit the
  998  recommended order to the Administration Commission for final
  999  agency action. The Administration Commission shall make every
 1000  effort to enter a final order expeditiously, but at a minimum,
 1001  within the time period provided by s. 120.569 45 days after its
 1002  receipt of the recommended order.
 1003         (e) If the administrative law judge recommends that the
 1004  amendment be found in compliance, the judge shall submit the
 1005  recommended order to the state land planning agency.
 1006         1. If the state land planning agency determines that the
 1007  plan amendment should be found not in compliance, the agency
 1008  shall make every effort to refer, within 30 days after receipt
 1009  of the recommended order, the recommended order and its
 1010  determination expeditiously to the Administration Commission for
 1011  final agency action, but at a minimum within the time period
 1012  provided by s. 120.569.
 1013         2. If the state land planning agency determines that the
 1014  plan amendment should be found in compliance, the agency shall
 1015  enter its final order expeditiously, but at a minimum, within
 1016  the time period provided by s. 120.569 not later than 30 days
 1017  after receipt of the recommended order.
 1018         (6) COMPLIANCE AGREEMENT.—
 1019         (f) For challenges to amendments adopted under the state
 1020  coordinated process, the state land planning agency, upon
 1021  receipt of a plan or plan amendment adopted pursuant to a
 1022  compliance agreement, shall issue a cumulative notice of intent
 1023  addressing both the remedial amendment and the plan or plan
 1024  amendment that was the subject of the agreement within 20 days
 1025  after receiving a complete plan or plan amendment adopted
 1026  pursuant to a compliance agreement.
 1027         1. If the local government adopts a comprehensive plan or
 1028  plan amendment pursuant to a compliance agreement and a notice
 1029  of intent to find the plan amendment in compliance is issued,
 1030  the state land planning agency shall forward the notice of
 1031  intent to the Division of Administrative Hearings and the
 1032  administrative law judge shall realign the parties in the
 1033  pending proceeding under ss. 120.569 and 120.57, which shall
 1034  thereafter be governed by the process contained in paragraph
 1035  (5)(a) and subparagraph (5)(c)1., including provisions relating
 1036  to challenges by an affected person, burden of proof, and issues
 1037  of a recommended order and a final order. Parties to the
 1038  original proceeding at the time of realignment may continue as
 1039  parties without being required to file additional pleadings to
 1040  initiate a proceeding, but may timely amend their pleadings to
 1041  raise any challenge to the amendment that is the subject of the
 1042  cumulative notice of intent, and must otherwise conform to the
 1043  rules of procedure of the Division of Administrative Hearings.
 1044  Any affected person not a party to the realigned proceeding may
 1045  challenge the plan amendment that is the subject of the
 1046  cumulative notice of intent by filing a petition with the agency
 1047  as provided in subsection (5). The agency shall forward the
 1048  petition filed by the affected person not a party to the
 1049  realigned proceeding to the Division of Administrative Hearings
 1050  for consolidation with the realigned proceeding. If the
 1051  cumulative notice of intent is not challenged, the state land
 1052  planning agency shall request that the Division of
 1053  Administrative Hearings relinquish jurisdiction to the state
 1054  land planning agency for issuance of a final order.
 1055         2. If the local government adopts a comprehensive plan
 1056  amendment pursuant to a compliance agreement and a notice of
 1057  intent is issued that finds the plan amendment not in
 1058  compliance, the state land planning agency shall forward the
 1059  notice of intent to the Division of Administrative Hearings,
 1060  which shall consolidate the proceeding with the pending
 1061  proceeding and immediately set a date for a hearing in the
 1062  pending proceeding under ss. 120.569 and 120.57. Affected
 1063  persons who are not a party to the underlying proceeding under
 1064  ss. 120.569 and 120.57 may challenge the plan amendment adopted
 1065  pursuant to the compliance agreement by filing a petition
 1066  pursuant to paragraph (5)(a).
 1067         (12) CONCURRENT ZONING.—At the request of an applicant, a
 1068  local government shall consider an application for zoning
 1069  changes that would be required to properly enact any proposed
 1070  plan amendment transmitted pursuant to this section subsection.
 1071  Zoning changes approved by the local government are contingent
 1072  upon the comprehensive plan or plan amendment transmitted
 1073  becoming effective.
 1074         Section 9. Subsection (3) of section 163.3191, Florida
 1075  Statutes, is amended to read:
 1076         163.3191 Evaluation and appraisal of comprehensive plan.—
 1077         (3) Local governments are encouraged to comprehensively
 1078  evaluate and, as necessary, update comprehensive plans to
 1079  reflect changes in local conditions. Plan amendments transmitted
 1080  pursuant to this section shall be reviewed pursuant to s.
 1081  163.3184(4) in accordance with s. 163.3184.
 1082         Section 10. Subsections (1) and (7) of section 163.3245,
 1083  Florida Statutes, are amended, and present subsections (8)
 1084  through (14) of that section are redesignated as subsections (7)
 1085  through (13), respectively, to read:
 1086         163.3245 Sector plans.—
 1087         (1) In recognition of the benefits of long-range planning
 1088  for specific areas, local governments or combinations of local
 1089  governments may adopt into their comprehensive plans a sector
 1090  plan in accordance with this section. This section is intended
 1091  to promote and encourage long-term planning for conservation,
 1092  development, and agriculture on a landscape scale; to further
 1093  support the intent of s. 163.3177(11), which supports innovative
 1094  and flexible planning and development strategies, and the
 1095  purposes of this part and part I of chapter 380; to facilitate
 1096  protection of regionally significant resources, including, but
 1097  not limited to, regionally significant water courses and
 1098  wildlife corridors; and to avoid duplication of effort in terms
 1099  of the level of data and analysis required for a development of
 1100  regional impact, while ensuring the adequate mitigation of
 1101  impacts to applicable regional resources and facilities,
 1102  including those within the jurisdiction of other local
 1103  governments, as would otherwise be provided. Sector plans are
 1104  intended for substantial geographic areas that include at least
 1105  15,000 acres of one or more local governmental jurisdictions and
 1106  are to emphasize urban form and protection of regionally
 1107  significant resources and public facilities. A sector plan may
 1108  not be adopted in an area of critical state concern.
 1109         (7) Beginning December 1, 1999, and each year thereafter,
 1110  the department shall provide a status report to the President of
 1111  the Senate and the Speaker of the House of Representatives
 1112  regarding each optional sector plan authorized under this
 1113  section.
 1114         Section 11. Paragraph (d) of subsection (2) of section
 1115  186.002, Florida Statutes, is amended to read:
 1116         186.002 Findings and intent.—
 1117         (2) It is the intent of the Legislature that:
 1118         (d) The state planning process shall be informed and guided
 1119  by the experience of public officials at all levels of
 1120  government. In preparing any plans or proposed revisions or
 1121  amendments required by this chapter, the Governor shall consider
 1122  the experience of and information provided by local governments
 1123  in their evaluation and appraisal reports pursuant to s.
 1124  163.3191.
 1125         Section 12. Subsection (8) of section 186.007, Florida
 1126  Statutes, is amended to read:
 1127         186.007 State comprehensive plan; preparation; revision.—
 1128         (8) The revision of the state comprehensive plan is a
 1129  continuing process. Each section of the plan shall be reviewed
 1130  and analyzed biennially by the Executive Office of the Governor
 1131  in conjunction with the planning officers of other state
 1132  agencies significantly affected by the provisions of the
 1133  particular section under review. In conducting this review and
 1134  analysis, the Executive Office of the Governor shall review and
 1135  consider, with the assistance of the state land planning agency
 1136  and regional planning councils, the evaluation and appraisal
 1137  reports submitted pursuant to s. 163.3191 and the evaluation and
 1138  appraisal reports prepared pursuant to s. 186.511. Any necessary
 1139  revisions of the state comprehensive plan shall be proposed by
 1140  the Governor in a written report and be accompanied by an
 1141  explanation of the need for such changes. If the Governor
 1142  determines that changes are unnecessary, the written report must
 1143  explain why changes are unnecessary. The proposed revisions and
 1144  accompanying explanations may be submitted in the report
 1145  required by s. 186.031. Any proposed revisions to the plan shall
 1146  be submitted to the Legislature as provided in s. 186.008(2) at
 1147  least 30 days before prior to the regular legislative session
 1148  occurring in each even-numbered year.
 1149         Section 13. Subsection (26) is added to section 186.505,
 1150  Florida Statutes, to read:
 1151         186.505 Regional planning councils; powers and duties.—Any
 1152  regional planning council created hereunder shall have the
 1153  following powers:
 1154         (26)To provide consulting services to a private developer
 1155  or landowner for a project, if not serving in a review capacity
 1156  in the future, except that statutorily mandated services may be
 1157  provided by the regional planning council regardless of its
 1158  review role.
 1159         Section 14. Subsection (1) of section 186.508, Florida
 1160  Statutes, is amended to read:
 1161         186.508 Strategic regional policy plan adoption;
 1162  consistency with state comprehensive plan.—
 1163         (1) Each regional planning council shall submit to the
 1164  Executive Office of the Governor its proposed strategic regional
 1165  policy plan on a schedule established by the Executive Office of
 1166  the Governor to coordinate implementation of the strategic
 1167  regional policy plans with the evaluation and appraisal process
 1168  reports required by s. 163.3191. The Executive Office of the
 1169  Governor, or its designee, shall review the proposed strategic
 1170  regional policy plan to ensure consistency with the adopted
 1171  state comprehensive plan and shall, within 60 days, provide any
 1172  recommended revisions. The Governor’s recommended revisions
 1173  shall be included in the plans in a comment section. However,
 1174  nothing in this section precludes herein shall preclude a
 1175  regional planning council from adopting or rejecting any or all
 1176  of the revisions as a part of its plan before prior to the
 1177  effective date of the plan. The rules adopting the strategic
 1178  regional policy plan are shall not be subject to rule challenge
 1179  under s. 120.56(2) or to drawout proceedings under s.
 1180  120.54(3)(c)2., but, once adopted, are shall be subject to an
 1181  invalidity challenge under s. 120.56(3) by substantially
 1182  affected persons, including the Executive Office of the
 1183  Governor. The rules shall be adopted by the regional planning
 1184  councils, and shall become effective upon filing with the
 1185  Department of State, notwithstanding the provisions of s.
 1186  120.54(3)(e)6.
 1187         Section 15. Subsections (2) and (3) of section 189.415,
 1188  Florida Statutes, are amended to read:
 1189         189.415 Special district public facilities report.—
 1190         (2) Each independent special district shall submit to each
 1191  local general-purpose government in which it is located a public
 1192  facilities report and an annual notice of any changes. The
 1193  public facilities report shall specify the following
 1194  information:
 1195         (a) A description of existing public facilities owned or
 1196  operated by the special district, and each public facility that
 1197  is operated by another entity, except a local general-purpose
 1198  government, through a lease or other agreement with the special
 1199  district. This description shall include the current capacity of
 1200  the facility, the current demands placed upon it, and its
 1201  location. This information shall be required in the initial
 1202  report and updated every 7 5 years at least 12 months before
 1203  prior to the submission date of the evaluation and appraisal
 1204  notification letter report of the appropriate local government
 1205  required by s. 163.3191. The department shall post a schedule on
 1206  its website, based on the evaluation and appraisal notification
 1207  schedule prepared pursuant to s. 163.3191(5), for use by a
 1208  special district to determine when its public facilities report
 1209  and updates to that report are due to the local general-purpose
 1210  governments in which the special district is located. At least
 1211  12 months prior to the date on which each special district’s
 1212  first updated report is due, the department shall notify each
 1213  independent district on the official list of special districts
 1214  compiled pursuant to s. 189.4035 of the schedule for submission
 1215  of the evaluation and appraisal report by each local government
 1216  within the special district’s jurisdiction.
 1217         (b) A description of each public facility the district is
 1218  building, improving, or expanding, or is currently proposing to
 1219  build, improve, or expand within at least the next 7 5 years,
 1220  including any facilities that the district is assisting another
 1221  entity, except a local general-purpose government, to build,
 1222  improve, or expand through a lease or other agreement with the
 1223  district. For each public facility identified, the report shall
 1224  describe how the district currently proposes to finance the
 1225  facility.
 1226         (c) If the special district currently proposes to replace
 1227  any facilities identified in paragraph (a) or paragraph (b)
 1228  within the next 10 years, the date when such facility will be
 1229  replaced.
 1230         (d) The anticipated time the construction, improvement, or
 1231  expansion of each facility will be completed.
 1232         (e) The anticipated capacity of and demands on each public
 1233  facility when completed. In the case of an improvement or
 1234  expansion of a public facility, both the existing and
 1235  anticipated capacity must be listed.
 1236         (3) A special district proposing to build, improve, or
 1237  expand a public facility which requires a certificate of need
 1238  pursuant to chapter 408 shall elect to notify the appropriate
 1239  local general-purpose government of its plans either in its 7
 1240  year 5-year plan or at the time the letter of intent is filed
 1241  with the Agency for Health Care Administration pursuant to s.
 1242  408.039.
 1243         Section 16. Subsection (5) of section 288.975, Florida
 1244  Statutes, is amended to read:
 1245         288.975 Military base reuse plans.—
 1246         (5) At the discretion of the host local government, the
 1247  provisions of this act may be complied with through the adoption
 1248  of the military base reuse plan as a separate component of the
 1249  local government comprehensive plan or through simultaneous
 1250  amendments to all pertinent portions of the local government
 1251  comprehensive plan. Once adopted and approved in accordance with
 1252  this section, the military base reuse plan shall be considered
 1253  to be part of the host local government’s comprehensive plan and
 1254  shall be thereafter implemented, amended, and reviewed pursuant
 1255  to in accordance with the provisions of part II of chapter 163.
 1256  Local government comprehensive plan amendments necessary to
 1257  initially adopt the military base reuse plan shall be exempt
 1258  from the limitation on the frequency of plan amendments
 1259  contained in s. 163.3187(1).
 1260         Section 17. Paragraph (b) of subsection (6), paragraph (e)
 1261  of subsection (19), subsection (24), and paragraph (b) of
 1262  subsection (29) of section 380.06, Florida Statutes, are amended
 1263  to read:
 1264         380.06 Developments of regional impact.—
 1265         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
 1266  PLAN AMENDMENTS.—
 1267         (b) Any local government comprehensive plan amendments
 1268  related to a proposed development of regional impact, including
 1269  any changes proposed under subsection (19), may be initiated by
 1270  a local planning agency or the developer and must be considered
 1271  by the local governing body at the same time as the application
 1272  for development approval using the procedures provided for local
 1273  plan amendment in s. 163.3184 s. 163.3187 and applicable local
 1274  ordinances, without regard to local limits on the frequency of
 1275  consideration of amendments to the local comprehensive plan.
 1276  This paragraph does not require favorable consideration of a
 1277  plan amendment solely because it is related to a development of
 1278  regional impact. The procedure for processing such comprehensive
 1279  plan amendments is as follows:
 1280         1. If a developer seeks a comprehensive plan amendment
 1281  related to a development of regional impact, the developer must
 1282  so notify in writing the regional planning agency, the
 1283  applicable local government, and the state land planning agency
 1284  no later than the date of preapplication conference or the
 1285  submission of the proposed change under subsection (19).
 1286         2. When filing the application for development approval or
 1287  the proposed change, the developer must include a written
 1288  request for comprehensive plan amendments that would be
 1289  necessitated by the development-of-regional-impact approvals
 1290  sought. That request must include data and analysis upon which
 1291  the applicable local government can determine whether to
 1292  transmit the comprehensive plan amendment pursuant to s.
 1293  163.3184.
 1294         3. The local government must advertise a public hearing on
 1295  the transmittal within 30 days after filing the application for
 1296  development approval or the proposed change and must make a
 1297  determination on the transmittal within 60 days after the
 1298  initial filing unless that time is extended by the developer.
 1299         4. If the local government approves the transmittal,
 1300  procedures set forth in s. 163.3184 s. 163.3184(4)(b)-(d) must
 1301  be followed.
 1302         5. Notwithstanding subsection (11) or subsection (19), the
 1303  local government may not hold a public hearing on the
 1304  application for development approval or the proposed change or
 1305  on the comprehensive plan amendments sooner than 30 days after
 1306  reviewing agency comments are due to the local government from
 1307  receipt of the response from the state land planning agency
 1308  pursuant to s. 163.3184 s. 163.3184(4)(d).
 1309         6. The local government must hear both the application for
 1310  development approval or the proposed change and the
 1311  comprehensive plan amendments at the same hearing. However, the
 1312  local government must take action separately on the application
 1313  for development approval or the proposed change and on the
 1314  comprehensive plan amendments.
 1315         7. Thereafter, the appeal process for the local government
 1316  development order must follow the provisions of s. 380.07, and
 1317  the compliance process for the comprehensive plan amendments
 1318  must follow the provisions of s. 163.3184.
 1319         (19) SUBSTANTIAL DEVIATIONS.—
 1320         (e)1. Except for a development order rendered pursuant to
 1321  subsection (22) or subsection (25), a proposed change to a
 1322  development order that individually or cumulatively with any
 1323  previous change is less than any numerical criterion contained
 1324  in subparagraphs (b)1.-10. and does not exceed any other
 1325  criterion, or that involves an extension of the buildout date of
 1326  a development, or any phase thereof, of less than 5 years is not
 1327  subject to the public hearing requirements of subparagraph
 1328  (f)3., and is not subject to a determination pursuant to
 1329  subparagraph (f)5. Notice of the proposed change shall be made
 1330  to the regional planning council and the state land planning
 1331  agency. Such notice shall include a description of previous
 1332  individual changes made to the development, including changes
 1333  previously approved by the local government, and shall include
 1334  appropriate amendments to the development order.
 1335         2. The following changes, individually or cumulatively with
 1336  any previous changes, are not substantial deviations:
 1337         a. Changes in the name of the project, developer, owner, or
 1338  monitoring official.
 1339         b. Changes to a setback that do not affect noise buffers,
 1340  environmental protection or mitigation areas, or archaeological
 1341  or historical resources.
 1342         c. Changes to minimum lot sizes.
 1343         d. Changes in the configuration of internal roads that do
 1344  not affect external access points.
 1345         e. Changes to the building design or orientation that stay
 1346  approximately within the approved area designated for such
 1347  building and parking lot, and which do not affect historical
 1348  buildings designated as significant by the Division of
 1349  Historical Resources of the Department of State.
 1350         f. Changes to increase the acreage in the development,
 1351  provided that no development is proposed on the acreage to be
 1352  added.
 1353         g. Changes to eliminate an approved land use, provided that
 1354  there are no additional regional impacts.
 1355         h. Changes required to conform to permits approved by any
 1356  federal, state, or regional permitting agency, provided that
 1357  these changes do not create additional regional impacts.
 1358         i. Any renovation or redevelopment of development within a
 1359  previously approved development of regional impact which does
 1360  not change land use or increase density or intensity of use.
 1361         j. Changes that modify boundaries and configuration of
 1362  areas described in subparagraph (b)11. due to science-based
 1363  refinement of such areas by survey, by habitat evaluation, by
 1364  other recognized assessment methodology, or by an environmental
 1365  assessment. In order for changes to qualify under this sub
 1366  subparagraph, the survey, habitat evaluation, or assessment must
 1367  occur prior to the time a conservation easement protecting such
 1368  lands is recorded and must not result in any net decrease in the
 1369  total acreage of the lands specifically set aside for permanent
 1370  preservation in the final development order.
 1371         k. Any other change which the state land planning agency,
 1372  in consultation with the regional planning council, agrees in
 1373  writing is similar in nature, impact, or character to the
 1374  changes enumerated in sub-subparagraphs a.-j. and which does not
 1375  create the likelihood of any additional regional impact.
 1376  
 1377  This subsection does not require the filing of a notice of
 1378  proposed change but shall require an application to the local
 1379  government to amend the development order in accordance with the
 1380  local government’s procedures for amendment of a development
 1381  order. In accordance with the local government’s procedures,
 1382  including requirements for notice to the applicant and the
 1383  public, the local government shall either deny the application
 1384  for amendment or adopt an amendment to the development order
 1385  which approves the application with or without conditions.
 1386  Following adoption, the local government shall render to the
 1387  state land planning agency the amendment to the development
 1388  order. The state land planning agency may appeal, pursuant to s.
 1389  380.07(3), the amendment to the development order if the
 1390  amendment involves sub-subparagraph g., sub-subparagraph h.,
 1391  sub-subparagraph j., or sub-subparagraph k., and it believes the
 1392  change creates a reasonable likelihood of new or additional
 1393  regional impacts.
 1394         3. Except for the change authorized by sub-subparagraph
 1395  2.f., any addition of land not previously reviewed or any change
 1396  not specified in paragraph (b) or paragraph (c) shall be
 1397  presumed to create a substantial deviation. This presumption may
 1398  be rebutted by clear and convincing evidence.
 1399         4. Any submittal of a proposed change to a previously
 1400  approved development shall include a description of individual
 1401  changes previously made to the development, including changes
 1402  previously approved by the local government. The local
 1403  government shall consider the previous and current proposed
 1404  changes in deciding whether such changes cumulatively constitute
 1405  a substantial deviation requiring further development-of
 1406  regional-impact review.
 1407         5. The following changes to an approved development of
 1408  regional impact shall be presumed to create a substantial
 1409  deviation. Such presumption may be rebutted by clear and
 1410  convincing evidence.
 1411         a. A change proposed for 15 percent or more of the acreage
 1412  to a land use not previously approved in the development order.
 1413  Changes of less than 15 percent shall be presumed not to create
 1414  a substantial deviation.
 1415         b. Notwithstanding any provision of paragraph (b) to the
 1416  contrary, a proposed change consisting of simultaneous increases
 1417  and decreases of at least two of the uses within an authorized
 1418  multiuse development of regional impact which was originally
 1419  approved with three or more uses specified in s. 380.0651(3)(c)
 1420  and (d) s. 380.0651(3)(c), (d), and (e) and residential use.
 1421         6. If a local government agrees to a proposed change, a
 1422  change in the transportation proportionate share calculation and
 1423  mitigation plan in an adopted development order as a result of
 1424  recalculation of the proportionate share contribution meeting
 1425  the requirements of s. 163.3180(5)(h) in effect as of the date
 1426  of such change shall be presumed not to create a substantial
 1427  deviation. For purposes of this subsection, the proposed change
 1428  in the proportionate share calculation or mitigation plan shall
 1429  not be considered an additional regional transportation impact.
 1430         (24) STATUTORY EXEMPTIONS.—
 1431         (a) Any proposed hospital is exempt from this section.
 1432         (b) Any proposed electrical transmission line or electrical
 1433  power plant is exempt from this section.
 1434         (c) Any proposed addition to an existing sports facility
 1435  complex is exempt from this section if the addition meets the
 1436  following characteristics:
 1437         1. It would not operate concurrently with the scheduled
 1438  hours of operation of the existing facility.
 1439         2. Its seating capacity would be no more than 75 percent of
 1440  the capacity of the existing facility.
 1441         3. The sports facility complex property is owned by a
 1442  public body before July 1, 1983.
 1443  
 1444  This exemption does not apply to any pari-mutuel facility.
 1445         (d) Any proposed addition or cumulative additions
 1446  subsequent to July 1, 1988, to an existing sports facility
 1447  complex owned by a state university is exempt if the increased
 1448  seating capacity of the complex is no more than 30 percent of
 1449  the capacity of the existing facility.
 1450         (e) Any addition of permanent seats or parking spaces for
 1451  an existing sports facility located on property owned by a
 1452  public body before July 1, 1973, is exempt from this section if
 1453  future additions do not expand existing permanent seating or
 1454  parking capacity more than 15 percent annually in excess of the
 1455  prior year’s capacity.
 1456         (f) Any increase in the seating capacity of an existing
 1457  sports facility having a permanent seating capacity of at least
 1458  50,000 spectators is exempt from this section, provided that
 1459  such an increase does not increase permanent seating capacity by
 1460  more than 5 percent per year and not to exceed a total of 10
 1461  percent in any 5-year period, and provided that the sports
 1462  facility notifies the appropriate local government within which
 1463  the facility is located of the increase at least 6 months before
 1464  the initial use of the increased seating, in order to permit the
 1465  appropriate local government to develop a traffic management
 1466  plan for the traffic generated by the increase. Any traffic
 1467  management plan shall be consistent with the local comprehensive
 1468  plan, the regional policy plan, and the state comprehensive
 1469  plan.
 1470         (g) Any expansion in the permanent seating capacity or
 1471  additional improved parking facilities of an existing sports
 1472  facility is exempt from this section, if the following
 1473  conditions exist:
 1474         1.a. The sports facility had a permanent seating capacity
 1475  on January 1, 1991, of at least 41,000 spectator seats;
 1476         b. The sum of such expansions in permanent seating capacity
 1477  does not exceed a total of 10 percent in any 5-year period and
 1478  does not exceed a cumulative total of 20 percent for any such
 1479  expansions; or
 1480         c. The increase in additional improved parking facilities
 1481  is a one-time addition and does not exceed 3,500 parking spaces
 1482  serving the sports facility; and
 1483         2. The local government having jurisdiction of the sports
 1484  facility includes in the development order or development permit
 1485  approving such expansion under this paragraph a finding of fact
 1486  that the proposed expansion is consistent with the
 1487  transportation, water, sewer and stormwater drainage provisions
 1488  of the approved local comprehensive plan and local land
 1489  development regulations relating to those provisions.
 1490  
 1491  Any owner or developer who intends to rely on this statutory
 1492  exemption shall provide to the department a copy of the local
 1493  government application for a development permit. Within 45 days
 1494  after receipt of the application, the department shall render to
 1495  the local government an advisory and nonbinding opinion, in
 1496  writing, stating whether, in the department’s opinion, the
 1497  prescribed conditions exist for an exemption under this
 1498  paragraph. The local government shall render the development
 1499  order approving each such expansion to the department. The
 1500  owner, developer, or department may appeal the local government
 1501  development order pursuant to s. 380.07, within 45 days after
 1502  the order is rendered. The scope of review shall be limited to
 1503  the determination of whether the conditions prescribed in this
 1504  paragraph exist. If any sports facility expansion undergoes
 1505  development-of-regional-impact review, all previous expansions
 1506  which were exempt under this paragraph shall be included in the
 1507  development-of-regional-impact review.
 1508         (h) Expansion to port harbors, spoil disposal sites,
 1509  navigation channels, turning basins, harbor berths, and other
 1510  related inwater harbor facilities of ports listed in s.
 1511  403.021(9)(b), port transportation facilities and projects
 1512  listed in s. 311.07(3)(b), and intermodal transportation
 1513  facilities identified pursuant to s. 311.09(3) are exempt from
 1514  this section when such expansions, projects, or facilities are
 1515  consistent with comprehensive master plans that are in
 1516  compliance with s. 163.3178.
 1517         (i) Any proposed facility for the storage of any petroleum
 1518  product or any expansion of an existing facility is exempt from
 1519  this section.
 1520         (j) Any renovation or redevelopment within the same land
 1521  parcel which does not change land use or increase density or
 1522  intensity of use.
 1523         (k) Waterport and marina development, including dry storage
 1524  facilities, are exempt from this section.
 1525         (l) Any proposed development within an urban service
 1526  boundary established under s. 163.3177(14), Florida Statutes
 1527  (2010), which is not otherwise exempt pursuant to subsection
 1528  (29), is exempt from this section if the local government having
 1529  jurisdiction over the area where the development is proposed has
 1530  adopted the urban service boundary and has entered into a
 1531  binding agreement with jurisdictions that would be impacted and
 1532  with the Department of Transportation regarding the mitigation
 1533  of impacts on state and regional transportation facilities.
 1534         (m) Any proposed development within a rural land
 1535  stewardship area created under s. 163.3248.
 1536         (n) The establishment, relocation, or expansion of any
 1537  military installation as defined in s. 163.3175, is exempt from
 1538  this section.
 1539         (o) Any self-storage warehousing that does not allow retail
 1540  or other services is exempt from this section.
 1541         (p) Any proposed nursing home or assisted living facility
 1542  is exempt from this section.
 1543         (q) Any development identified in an airport master plan
 1544  and adopted into the comprehensive plan pursuant to s.
 1545  163.3177(6)(b)4. s. 163.3177(6)(k) is exempt from this section.
 1546         (r) Any development identified in a campus master plan and
 1547  adopted pursuant to s. 1013.30 is exempt from this section.
 1548         (s) Any development in a detailed specific area plan which
 1549  is prepared and adopted pursuant to s. 163.3245 is exempt from
 1550  this section.
 1551         (t) Any proposed solid mineral mine and any proposed
 1552  addition to, expansion of, or change to an existing solid
 1553  mineral mine is exempt from this section. A mine owner will
 1554  enter into a binding agreement with the Department of
 1555  Transportation to mitigate impacts to strategic intermodal
 1556  system facilities pursuant to the transportation thresholds in
 1557  subsection (19) or rule 9J-2.045(6), Florida Administrative
 1558  Code. Proposed changes to any previously approved solid mineral
 1559  mine development-of-regional-impact development orders having
 1560  vested rights are is not subject to further review or approval
 1561  as a development-of-regional-impact or notice-of-proposed-change
 1562  review or approval pursuant to subsection (19), except for those
 1563  applications pending as of July 1, 2011, which shall be governed
 1564  by s. 380.115(2). Notwithstanding the foregoing, however,
 1565  pursuant to s. 380.115(1), previously approved solid mineral
 1566  mine development-of-regional-impact development orders shall
 1567  continue to enjoy vested rights and continue to be effective
 1568  unless rescinded by the developer. All local government
 1569  regulations of proposed solid mineral mines shall be applicable
 1570  to any new solid mineral mine or to any proposed addition to,
 1571  expansion of, or change to an existing solid mineral mine.
 1572         (u) Notwithstanding any provisions in an agreement with or
 1573  among a local government, regional agency, or the state land
 1574  planning agency or in a local government’s comprehensive plan to
 1575  the contrary, a project no longer subject to development-of
 1576  regional-impact review under revised thresholds is not required
 1577  to undergo such review.
 1578         (v) Any development within a county with a research and
 1579  education authority created by special act and that is also
 1580  within a research and development park that is operated or
 1581  managed by a research and development authority pursuant to part
 1582  V of chapter 159 is exempt from this section.
 1583         (w) Any development in an energy economic zone designated
 1584  pursuant to s. 377.809 is exempt from this section upon approval
 1585  by its local governing body.
 1586  
 1587  If a use is exempt from review as a development of regional
 1588  impact under paragraphs (a)-(u), but will be part of a larger
 1589  project that is subject to review as a development of regional
 1590  impact, the impact of the exempt use must be included in the
 1591  review of the larger project, unless such exempt use involves a
 1592  development of regional impact that includes a landowner,
 1593  tenant, or user that has entered into a funding agreement with
 1594  the Department of Economic Opportunity under the Innovation
 1595  Incentive Program and the agreement contemplates a state award
 1596  of at least $50 million.
 1597         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 1598         (b) If a municipality that does not qualify as a dense
 1599  urban land area pursuant to paragraph (a) s. 163.3164 designates
 1600  any of the following areas in its comprehensive plan, any
 1601  proposed development within the designated area is exempt from
 1602  the development-of-regional-impact process:
 1603         1. Urban infill as defined in s. 163.3164;
 1604         2. Community redevelopment areas as defined in s. 163.340;
 1605         3. Downtown revitalization areas as defined in s. 163.3164;
 1606         4. Urban infill and redevelopment under s. 163.2517; or
 1607         5. Urban service areas as defined in s. 163.3164 or areas
 1608  within a designated urban service boundary under s.
 1609  163.3177(14).
 1610         Section 18. Subsection (1) of section 380.115, Florida
 1611  Statutes, is amended to read:
 1612         380.115 Vested rights and duties; effect of size reduction,
 1613  changes in guidelines and standards.—
 1614         (1) A change in a development-of-regional-impact guideline
 1615  and standard does not abridge or modify any vested or other
 1616  right or any duty or obligation pursuant to any development
 1617  order or agreement that is applicable to a development of
 1618  regional impact. A development that has received a development
 1619  of-regional-impact development order pursuant to s. 380.06, but
 1620  is no longer required to undergo development-of-regional-impact
 1621  review by operation of a change in the guidelines and standards
 1622  or has reduced its size below the thresholds in s. 380.0651, or
 1623  a development that is exempt pursuant to s. 380.06(24) or s.
 1624  380.06(29) shall be governed by the following procedures:
 1625         (a) The development shall continue to be governed by the
 1626  development-of-regional-impact development order and may be
 1627  completed in reliance upon and pursuant to the development order
 1628  unless the developer or landowner has followed the procedures
 1629  for rescission in paragraph (b). Any proposed changes to those
 1630  developments which continue to be governed by a development
 1631  order shall be approved pursuant to s. 380.06(19) as it existed
 1632  prior to a change in the development-of-regional-impact
 1633  guidelines and standards, except that all percentage criteria
 1634  shall be doubled and all other criteria shall be increased by 10
 1635  percent. The development-of-regional-impact development order
 1636  may be enforced by the local government as provided by ss.
 1637  380.06(17) and 380.11.
 1638         (b) If requested by the developer or landowner, the
 1639  development-of-regional-impact development order shall be
 1640  rescinded by the local government having jurisdiction upon a
 1641  showing that all required mitigation related to the amount of
 1642  development that existed on the date of rescission has been
 1643  completed.
 1644         Section 19. Section 1013.33, Florida Statutes, is amended
 1645  to read:
 1646         1013.33 Coordination of planning with local governing
 1647  bodies.—
 1648         (1) It is the policy of this state to require the
 1649  coordination of planning between boards and local governing
 1650  bodies to ensure that plans for the construction and opening of
 1651  public educational facilities are facilitated and coordinated in
 1652  time and place with plans for residential development,
 1653  concurrently with other necessary services. Such planning shall
 1654  include the integration of the educational facilities plan and
 1655  applicable policies and procedures of a board with the local
 1656  comprehensive plan and land development regulations of local
 1657  governments. The planning must include the consideration of
 1658  allowing students to attend the school located nearest their
 1659  homes when a new housing development is constructed near a
 1660  county boundary and it is more feasible to transport the
 1661  students a short distance to an existing facility in an adjacent
 1662  county than to construct a new facility or transport students
 1663  longer distances in their county of residence. The planning must
 1664  also consider the effects of the location of public education
 1665  facilities, including the feasibility of keeping central city
 1666  facilities viable, in order to encourage central city
 1667  redevelopment and the efficient use of infrastructure and to
 1668  discourage uncontrolled urban sprawl. In addition, all parties
 1669  to the planning process must consult with state and local road
 1670  departments to assist in implementing the Safe Paths to Schools
 1671  program administered by the Department of Transportation.
 1672         (2)(a) The school board, county, and nonexempt
 1673  municipalities located within the geographic area of a school
 1674  district shall enter into an interlocal agreement according to
 1675  s. 163.31777, which that jointly establishes the specific ways
 1676  in which the plans and processes of the district school board
 1677  and the local governments are to be coordinated. The interlocal
 1678  agreements shall be submitted to the state land planning agency
 1679  and the Office of Educational Facilities in accordance with a
 1680  schedule published by the state land planning agency.
 1681         (b) The schedule must establish staggered due dates for
 1682  submission of interlocal agreements that are executed by both
 1683  the local government and district school board, commencing on
 1684  March 1, 2003, and concluding by December 1, 2004, and must set
 1685  the same date for all governmental entities within a school
 1686  district. However, if the county where the school district is
 1687  located contains more than 20 municipalities, the state land
 1688  planning agency may establish staggered due dates for the
 1689  submission of interlocal agreements by these municipalities. The
 1690  schedule must begin with those areas where both the number of
 1691  districtwide capital-outlay full-time-equivalent students equals
 1692  80 percent or more of the current year’s school capacity and the
 1693  projected 5-year student growth rate is 1,000 or greater, or
 1694  where the projected 5-year student growth rate is 10 percent or
 1695  greater.
 1696         (c) If the student population has declined over the 5-year
 1697  period preceding the due date for submittal of an interlocal
 1698  agreement by the local government and the district school board,
 1699  the local government and district school board may petition the
 1700  state land planning agency for a waiver of one or more of the
 1701  requirements of subsection (3). The waiver must be granted if
 1702  the procedures called for in subsection (3) are unnecessary
 1703  because of the school district’s declining school age
 1704  population, considering the district’s 5-year work program
 1705  prepared pursuant to s. 1013.35. The state land planning agency
 1706  may modify or revoke the waiver upon a finding that the
 1707  conditions upon which the waiver was granted no longer exist.
 1708  The district school board and local governments must submit an
 1709  interlocal agreement within 1 year after notification by the
 1710  state land planning agency that the conditions for a waiver no
 1711  longer exist.
 1712         (d) Interlocal agreements between local governments and
 1713  district school boards adopted pursuant to s. 163.3177 before
 1714  the effective date of subsections (2)-(7) must be updated and
 1715  executed pursuant to the requirements of subsections (2)-(7), if
 1716  necessary. Amendments to interlocal agreements adopted pursuant
 1717  to subsections (2)-(7) must be submitted to the state land
 1718  planning agency within 30 days after execution by the parties
 1719  for review consistent with subsections (3) and (4). Local
 1720  governments and the district school board in each school
 1721  district are encouraged to adopt a single interlocal agreement
 1722  in which all join as parties. The state land planning agency
 1723  shall assemble and make available model interlocal agreements
 1724  meeting the requirements of subsections (2)-(7) and shall notify
 1725  local governments and, jointly with the Department of Education,
 1726  the district school boards of the requirements of subsections
 1727  (2)-(7), the dates for compliance, and the sanctions for
 1728  noncompliance. The state land planning agency shall be available
 1729  to informally review proposed interlocal agreements. If the
 1730  state land planning agency has not received a proposed
 1731  interlocal agreement for informal review, the state land
 1732  planning agency shall, at least 60 days before the deadline for
 1733  submission of the executed agreement, renotify the local
 1734  government and the district school board of the upcoming
 1735  deadline and the potential for sanctions.
 1736         (3) At a minimum, the interlocal agreement must address
 1737  interlocal agreement requirements in s. 163.31777 and, if
 1738  applicable, s. 163.3180(6), and must address the following
 1739  issues:
 1740         (a) A process by which each local government and the
 1741  district school board agree and base their plans on consistent
 1742  projections of the amount, type, and distribution of population
 1743  growth and student enrollment. The geographic distribution of
 1744  jurisdiction-wide growth forecasts is a major objective of the
 1745  process.
 1746         (b) A process to coordinate and share information relating
 1747  to existing and planned public school facilities, including
 1748  school renovations and closures, and local government plans for
 1749  development and redevelopment.
 1750         (c) Participation by affected local governments with the
 1751  district school board in the process of evaluating potential
 1752  school closures, significant renovations to existing schools,
 1753  and new school site selection before land acquisition. Local
 1754  governments shall advise the district school board as to the
 1755  consistency of the proposed closure, renovation, or new site
 1756  with the local comprehensive plan, including appropriate
 1757  circumstances and criteria under which a district school board
 1758  may request an amendment to the comprehensive plan for school
 1759  siting.
 1760         (d) A process for determining the need for and timing of
 1761  onsite and offsite improvements to support new construction,
 1762  proposed expansion, or redevelopment of existing schools. The
 1763  process shall address identification of the party or parties
 1764  responsible for the improvements.
 1765         (e) A process for the school board to inform the local
 1766  government regarding the effect of comprehensive plan amendments
 1767  on school capacity. The capacity reporting must be consistent
 1768  with laws and rules regarding measurement of school facility
 1769  capacity and must also identify how the district school board
 1770  will meet the public school demand based on the facilities work
 1771  program adopted pursuant to s. 1013.35.
 1772         (f) Participation of the local governments in the
 1773  preparation of the annual update to the school board’s 5-year
 1774  district facilities work program and educational plant survey
 1775  prepared pursuant to s. 1013.35.
 1776         (g) A process for determining where and how joint use of
 1777  either school board or local government facilities can be shared
 1778  for mutual benefit and efficiency.
 1779         (h) A procedure for the resolution of disputes between the
 1780  district school board and local governments, which may include
 1781  the dispute resolution processes contained in chapters 164 and
 1782  186.
 1783         (i) An oversight process, including an opportunity for
 1784  public participation, for the implementation of the interlocal
 1785  agreement.
 1786         (4)(a) The Office of Educational Facilities shall submit
 1787  any comments or concerns regarding the executed interlocal
 1788  agreement to the state land planning agency within 30 days after
 1789  receipt of the executed interlocal agreement. The state land
 1790  planning agency shall review the executed interlocal agreement
 1791  to determine whether it is consistent with the requirements of
 1792  subsection (3), the adopted local government comprehensive plan,
 1793  and other requirements of law. Within 60 days after receipt of
 1794  an executed interlocal agreement, the state land planning agency
 1795  shall publish a notice of intent in the Florida Administrative
 1796  Weekly and shall post a copy of the notice on the agency’s
 1797  Internet site. The notice of intent must state that the
 1798  interlocal agreement is consistent or inconsistent with the
 1799  requirements of subsection (3) and this subsection as
 1800  appropriate.
 1801         (b) The state land planning agency’s notice is subject to
 1802  challenge under chapter 120; however, an affected person, as
 1803  defined in s. 163.3184(1)(a), has standing to initiate the
 1804  administrative proceeding, and this proceeding is the sole means
 1805  available to challenge the consistency of an interlocal
 1806  agreement required by this section with the criteria contained
 1807  in subsection (3) and this subsection. In order to have
 1808  standing, each person must have submitted oral or written
 1809  comments, recommendations, or objections to the local government
 1810  or the school board before the adoption of the interlocal
 1811  agreement by the district school board and local government. The
 1812  district school board and local governments are parties to any
 1813  such proceeding. In this proceeding, when the state land
 1814  planning agency finds the interlocal agreement to be consistent
 1815  with the criteria in subsection (3) and this subsection, the
 1816  interlocal agreement must be determined to be consistent with
 1817  subsection (3) and this subsection if the local government’s and
 1818  school board’s determination of consistency is fairly debatable.
 1819  When the state land planning agency finds the interlocal
 1820  agreement to be inconsistent with the requirements of subsection
 1821  (3) and this subsection, the local government’s and school
 1822  board’s determination of consistency shall be sustained unless
 1823  it is shown by a preponderance of the evidence that the
 1824  interlocal agreement is inconsistent.
 1825         (c) If the state land planning agency enters a final order
 1826  that finds that the interlocal agreement is inconsistent with
 1827  the requirements of subsection (3) or this subsection, the state
 1828  land planning agency shall forward it to the Administration
 1829  Commission, which may impose sanctions against the local
 1830  government pursuant to s. 163.3184(11) and may impose sanctions
 1831  against the district school board by directing the Department of
 1832  Education to withhold an equivalent amount of funds for school
 1833  construction available pursuant to ss. 1013.65, 1013.68,
 1834  1013.70, and 1013.72.
 1835         (5) If an executed interlocal agreement is not timely
 1836  submitted to the state land planning agency for review, the
 1837  state land planning agency shall, within 15 working days after
 1838  the deadline for submittal, issue to the local government and
 1839  the district school board a notice to show cause why sanctions
 1840  should not be imposed for failure to submit an executed
 1841  interlocal agreement by the deadline established by the agency.
 1842  The agency shall forward the notice and the responses to the
 1843  Administration Commission, which may enter a final order citing
 1844  the failure to comply and imposing sanctions against the local
 1845  government and district school board by directing the
 1846  appropriate agencies to withhold at least 5 percent of state
 1847  funds pursuant to s. 163.3184(11) and by directing the
 1848  Department of Education to withhold from the district school
 1849  board at least 5 percent of funds for school construction
 1850  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 1851  1013.72.
 1852         (6) Any local government transmitting a public school
 1853  element to implement school concurrency pursuant to the
 1854  requirements of s. 163.3180 before the effective date of this
 1855  section is not required to amend the element or any interlocal
 1856  agreement to conform with the provisions of subsections (2)-(6)
 1857  if the element is adopted prior to or within 1 year after the
 1858  effective date of subsections (2)-(6) and remains in effect.
 1859         (3)(7) A board and the local governing body must share and
 1860  coordinate information related to existing and planned school
 1861  facilities; proposals for development, redevelopment, or
 1862  additional development; and infrastructure required to support
 1863  the school facilities, concurrent with proposed development. A
 1864  school board shall use information produced by the demographic,
 1865  revenue, and education estimating conferences pursuant to s.
 1866  216.136 when preparing the district educational facilities plan
 1867  pursuant to s. 1013.35, as modified and agreed to by the local
 1868  governments, when provided by interlocal agreement, and the
 1869  Office of Educational Facilities, in consideration of local
 1870  governments’ population projections, to ensure that the district
 1871  educational facilities plan not only reflects enrollment
 1872  projections but also considers applicable municipal and county
 1873  growth and development projections. The projections must be
 1874  apportioned geographically with assistance from the local
 1875  governments using local government trend data and the school
 1876  district student enrollment data. A school board is precluded
 1877  from siting a new school in a jurisdiction where the school
 1878  board has failed to provide the annual educational facilities
 1879  plan for the prior year required pursuant to s. 1013.35 unless
 1880  the failure is corrected.
 1881         (4)(8) The location of educational facilities shall be
 1882  consistent with the comprehensive plan of the appropriate local
 1883  governing body developed under part II of chapter 163 and
 1884  consistent with the plan’s implementing land development
 1885  regulations.
 1886         (5)(9) To improve coordination relative to potential
 1887  educational facility sites, a board shall provide written notice
 1888  to the local government that has regulatory authority over the
 1889  use of the land consistent with an interlocal agreement entered
 1890  pursuant to s. 163.31777 subsections (2)-(6) at least 60 days
 1891  before prior to acquiring or leasing property that may be used
 1892  for a new public educational facility. The local government,
 1893  upon receipt of this notice, shall notify the board within 45
 1894  days if the site proposed for acquisition or lease is consistent
 1895  with the land use categories and policies of the local
 1896  government’s comprehensive plan. This preliminary notice does
 1897  not constitute the local government’s determination of
 1898  consistency pursuant to subsection (6) (10).
 1899         (6)(10) As early in the design phase as feasible and
 1900  consistent with an interlocal agreement entered pursuant to s.
 1901  163.31777 subsections (2)-(6), but no later than 90 days before
 1902  commencing construction, the district school board shall in
 1903  writing request a determination of consistency with the local
 1904  government’s comprehensive plan. The local governing body that
 1905  regulates the use of land shall determine, in writing within 45
 1906  days after receiving the necessary information and a school
 1907  board’s request for a determination, whether a proposed
 1908  educational facility is consistent with the local comprehensive
 1909  plan and consistent with local land development regulations. If
 1910  the determination is affirmative, school construction may
 1911  commence and further local government approvals are not
 1912  required, except as provided in this section. Failure of the
 1913  local governing body to make a determination in writing within
 1914  90 days after a district school board’s request for a
 1915  determination of consistency shall be considered an approval of
 1916  the district school board’s application. Campus master plans and
 1917  development agreements must comply with the provisions of s.
 1918  1013.30.
 1919         (7)(11) A local governing body may not deny the site
 1920  applicant based on adequacy of the site plan as it relates
 1921  solely to the needs of the school. If the site is consistent
 1922  with the comprehensive plan’s land use policies and categories
 1923  in which public schools are identified as allowable uses, the
 1924  local government may not deny the application but it may impose
 1925  reasonable development standards and conditions in accordance
 1926  with s. 1013.51(1) and consider the site plan and its adequacy
 1927  as it relates to environmental concerns, health, safety and
 1928  welfare, and effects on adjacent property. Standards and
 1929  conditions may not be imposed which conflict with those
 1930  established in this chapter or the Florida Building Code, unless
 1931  mutually agreed and consistent with the interlocal agreement
 1932  required by s. 163.31777 subsections (2)-(6).
 1933         (8)(12) This section does not prohibit a local governing
 1934  body and district school board from agreeing and establishing an
 1935  alternative process for reviewing a proposed educational
 1936  facility and site plan, and offsite impacts, pursuant to an
 1937  interlocal agreement adopted in accordance with s. 163.31777
 1938  subsections (2)-(6).
 1939         (9)(13) Existing schools shall be considered consistent
 1940  with the applicable local government comprehensive plan adopted
 1941  under part II of chapter 163. If a board submits an application
 1942  to expand an existing school site, the local governing body may
 1943  impose reasonable development standards and conditions on the
 1944  expansion only, and in a manner consistent with s. 1013.51(1).
 1945  Standards and conditions may not be imposed which conflict with
 1946  those established in this chapter or the Florida Building Code,
 1947  unless mutually agreed. Local government review or approval is
 1948  not required for:
 1949         (a) The placement of temporary or portable classroom
 1950  facilities; or
 1951         (b) Proposed renovation or construction on existing school
 1952  sites, with the exception of construction that changes the
 1953  primary use of a facility, includes stadiums, or results in a
 1954  greater than 5 percent increase in student capacity, or as
 1955  mutually agreed upon, pursuant to an interlocal agreement
 1956  adopted in accordance with s. 163.31777 subsections (2)-(6).
 1957         Section 20. Paragraph (b) of subsection (2) of section
 1958  1013.35, Florida Statutes, is amended to read:
 1959         1013.35 School district educational facilities plan;
 1960  definitions; preparation, adoption, and amendment; long-term
 1961  work programs.—
 1962         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 1963  FACILITIES PLAN.—
 1964         (b) The plan must also include a financially feasible
 1965  district facilities work program for a 5-year period. The work
 1966  program must include:
 1967         1. A schedule of major repair and renovation projects
 1968  necessary to maintain the educational facilities and ancillary
 1969  facilities of the district.
 1970         2. A schedule of capital outlay projects necessary to
 1971  ensure the availability of satisfactory student stations for the
 1972  projected student enrollment in K-12 programs. This schedule
 1973  shall consider:
 1974         a. The locations, capacities, and planned utilization rates
 1975  of current educational facilities of the district. The capacity
 1976  of existing satisfactory facilities, as reported in the Florida
 1977  Inventory of School Houses must be compared to the capital
 1978  outlay full-time-equivalent student enrollment as determined by
 1979  the department, including all enrollment used in the calculation
 1980  of the distribution formula in s. 1013.64.
 1981         b. The proposed locations of planned facilities, whether
 1982  those locations are consistent with the comprehensive plans of
 1983  all affected local governments, and recommendations for
 1984  infrastructure and other improvements to land adjacent to
 1985  existing facilities. The provisions of ss. 1013.33(6), (7), and
 1986  (8) ss. 1013.33(10), (11), and (12) and 1013.36 must be
 1987  addressed for new facilities planned within the first 3 years of
 1988  the work plan, as appropriate.
 1989         c. Plans for the use and location of relocatable
 1990  facilities, leased facilities, and charter school facilities.
 1991         d. Plans for multitrack scheduling, grade level
 1992  organization, block scheduling, or other alternatives that
 1993  reduce the need for additional permanent student stations.
 1994         e. Information concerning average class size and
 1995  utilization rate by grade level within the district which will
 1996  result if the tentative district facilities work program is
 1997  fully implemented.
 1998         f. The number and percentage of district students planned
 1999  to be educated in relocatable facilities during each year of the
 2000  tentative district facilities work program. For determining
 2001  future needs, student capacity may not be assigned to any
 2002  relocatable classroom that is scheduled for elimination or
 2003  replacement with a permanent educational facility in the current
 2004  year of the adopted district educational facilities plan and in
 2005  the district facilities work program adopted under this section.
 2006  Those relocatable classrooms clearly identified and scheduled
 2007  for replacement in a school-board-adopted, financially feasible,
 2008  5-year district facilities work program shall be counted at zero
 2009  capacity at the time the work program is adopted and approved by
 2010  the school board. However, if the district facilities work
 2011  program is changed and the relocatable classrooms are not
 2012  replaced as scheduled in the work program, the classrooms must
 2013  be reentered into the system and be counted at actual capacity.
 2014  Relocatable classrooms may not be perpetually added to the work
 2015  program or continually extended for purposes of circumventing
 2016  this section. All relocatable classrooms not identified and
 2017  scheduled for replacement, including those owned, lease
 2018  purchased, or leased by the school district, must be counted at
 2019  actual student capacity. The district educational facilities
 2020  plan must identify the number of relocatable student stations
 2021  scheduled for replacement during the 5-year survey period and
 2022  the total dollar amount needed for that replacement.
 2023         g. Plans for the closure of any school, including plans for
 2024  disposition of the facility or usage of facility space, and
 2025  anticipated revenues.
 2026         h. Projects for which capital outlay and debt service funds
 2027  accruing under s. 9(d), Art. XII of the State Constitution are
 2028  to be used shall be identified separately in priority order on a
 2029  project priority list within the district facilities work
 2030  program.
 2031         3. The projected cost for each project identified in the
 2032  district facilities work program. For proposed projects for new
 2033  student stations, a schedule shall be prepared comparing the
 2034  planned cost and square footage for each new student station, by
 2035  elementary, middle, and high school levels, to the low, average,
 2036  and high cost of facilities constructed throughout the state
 2037  during the most recent fiscal year for which data is available
 2038  from the Department of Education.
 2039         4. A schedule of estimated capital outlay revenues from
 2040  each currently approved source which is estimated to be
 2041  available for expenditure on the projects included in the
 2042  district facilities work program.
 2043         5. A schedule indicating which projects included in the
 2044  district facilities work program will be funded from current
 2045  revenues projected in subparagraph 4.
 2046         6. A schedule of options for the generation of additional
 2047  revenues by the district for expenditure on projects identified
 2048  in the district facilities work program which are not funded
 2049  under subparagraph 5. Additional anticipated revenues may
 2050  include effort index grants, SIT Program awards, and Classrooms
 2051  First funds.
 2052         Section 21. Subsections (3), (5), (6), (7), (8), (9), (10),
 2053  and (11) of section 1013.351, Florida Statutes, are amended to
 2054  read:
 2055         1013.351 Coordination of planning between the Florida
 2056  School for the Deaf and the Blind and local governing bodies.—
 2057         (3) The board of trustees and the municipality in which the
 2058  school is located may enter into an interlocal agreement to
 2059  establish the specific ways in which the plans and processes of
 2060  the board of trustees and the local government are to be
 2061  coordinated. If the school and local government enter into an
 2062  interlocal agreement, the agreement must be submitted to the
 2063  state land planning agency and the Office of Educational
 2064  Facilities.
 2065         (5)(a) The Office of Educational Facilities shall submit
 2066  any comments or concerns regarding the executed interlocal
 2067  agreements to the state land planning agency no later than 30
 2068  days after receipt of the executed interlocal agreements. The
 2069  state land planning agency shall review the executed interlocal
 2070  agreements to determine whether they are consistent with the
 2071  requirements of subsection (4), the adopted local government
 2072  comprehensive plans, and other requirements of law. Not later
 2073  than 60 days after receipt of an executed interlocal agreement,
 2074  the state land planning agency shall publish a notice of intent
 2075  in the Florida Administrative Weekly. The notice of intent must
 2076  state that the interlocal agreement is consistent or
 2077  inconsistent with the requirements of subsection (4) and this
 2078  subsection as appropriate.
 2079         (b)1. The state land planning agency’s notice is subject to
 2080  challenge under chapter 120. However, an affected person, as
 2081  defined in s. 163.3184, has standing to initiate the
 2082  administrative proceeding, and this proceeding is the sole means
 2083  available to challenge the consistency of an interlocal
 2084  agreement with the criteria contained in subsection (4) and this
 2085  subsection. In order to have standing, a person must have
 2086  submitted oral or written comments, recommendations, or
 2087  objections to the appropriate local government or the board of
 2088  trustees before the adoption of the interlocal agreement by the
 2089  board of trustees and local government. The board of trustees
 2090  and the appropriate local government are parties to any such
 2091  proceeding.
 2092         2. In the administrative proceeding, if the state land
 2093  planning agency finds the interlocal agreement to be consistent
 2094  with the criteria in subsection (4) and this subsection, the
 2095  interlocal agreement must be determined to be consistent with
 2096  subsection (4) and this subsection if the local government and
 2097  board of trustees is fairly debatable.
 2098         3. If the state land planning agency finds the interlocal
 2099  agreement to be inconsistent with the requirements of subsection
 2100  (4) and this subsection, the determination of consistency by the
 2101  local government and board of trustees shall be sustained unless
 2102  it is shown by a preponderance of the evidence that the
 2103  interlocal agreement is inconsistent.
 2104         (c) If the state land planning agency enters a final order
 2105  that finds that the interlocal agreement is inconsistent with
 2106  the requirements of subsection (4) or this subsection, the state
 2107  land planning agency shall identify the issues in dispute and
 2108  submit the matter to the Administration Commission for final
 2109  action. The report to the Administration Commission must list
 2110  each issue in dispute, describe the nature and basis for each
 2111  dispute, identify alternative resolutions of each dispute, and
 2112  make recommendations. After receiving the report from the state
 2113  land planning agency, the Administration Commission shall take
 2114  action to resolve the issues. In deciding upon a proper
 2115  resolution, the Administration Commission shall consider the
 2116  nature of the issues in dispute, the compliance of the parties
 2117  with this section, the extent of the conflict between the
 2118  parties, the comparative hardships, and the public interest
 2119  involved. In resolving the matter, the Administration Commission
 2120  may prescribe, by order, the contents of the interlocal
 2121  agreement which shall be executed by the board of trustees and
 2122  the local government.
 2123         (5)(6) An interlocal agreement may be amended under
 2124  subsections (2)-(4) (2)-(5):
 2125         (a) In conjunction with updates to the school’s educational
 2126  plant survey prepared under s. 1013.31; or
 2127         (b) If either party delays by more than 12 months the
 2128  construction of a capital improvement identified in the
 2129  agreement.
 2130         (6)(7) This section does not prohibit a local governing
 2131  body and the board of trustees from agreeing and establishing an
 2132  alternative process for reviewing proposed expansions to the
 2133  school’s campus and offsite impacts, under the interlocal
 2134  agreement adopted in accordance with subsections (2)-(5) (2)
 2135  (6).
 2136         (7)(8) School facilities within the geographic area or the
 2137  campus of the school as it existed on or before January 1, 1998,
 2138  are consistent with the local government’s comprehensive plan
 2139  developed under part II of chapter 163 and consistent with the
 2140  plan’s implementing land development regulations.
 2141         (8)(9) To improve coordination relative to potential
 2142  educational facility sites, the board of trustees shall provide
 2143  written notice to the local governments consistent with the
 2144  interlocal agreements entered under subsections (2)-(5) (2)-(6)
 2145  at least 60 days before the board of trustees acquires any
 2146  additional property. The local government shall notify the board
 2147  of trustees no later than 45 days after receipt of this notice
 2148  if the site proposed for acquisition is consistent with the land
 2149  use categories and policies of the local government’s
 2150  comprehensive plan. This preliminary notice does not constitute
 2151  the local government’s determination of consistency under
 2152  subsection (9) (10).
 2153         (9)(10) As early in the design phase as feasible, but no
 2154  later than 90 days before commencing construction, the board of
 2155  trustees shall request in writing a determination of consistency
 2156  with the local government’s comprehensive plan and local
 2157  development regulations for the proposed use of any property
 2158  acquired by the board of trustees on or after January 1, 1998.
 2159  The local governing body that regulates the use of land shall
 2160  determine, in writing, no later than 45 days after receiving the
 2161  necessary information and a school board’s request for a
 2162  determination, whether a proposed use of the property is
 2163  consistent with the local comprehensive plan and consistent with
 2164  local land development regulations. If the local governing body
 2165  determines the proposed use is consistent, construction may
 2166  commence and additional local government approvals are not
 2167  required, except as provided in this section. Failure of the
 2168  local governing body to make a determination in writing within
 2169  90 days after receiving the board of trustees’ request for a
 2170  determination of consistency shall be considered an approval of
 2171  the board of trustees’ application. This subsection does not
 2172  apply to facilities to be located on the property if a contract
 2173  for construction of the facilities was entered on or before the
 2174  effective date of this act.
 2175         (10)(11) Disputes that arise in the implementation of an
 2176  executed interlocal agreement or in the determinations required
 2177  pursuant to subsection (8) (9) or subsection (9) (10) must be
 2178  resolved in accordance with chapter 164.
 2179         Section 22. Subsection (6) of section 1013.36, Florida
 2180  Statutes, is amended to read:
 2181         1013.36 Site planning and selection.—
 2182         (6) If the school board and local government have entered
 2183  into an interlocal agreement pursuant to s. 1013.33(2) and
 2184  either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
 2185  process to ensure consistency between the local government
 2186  comprehensive plan and the school district educational
 2187  facilities plan, site planning and selection must be consistent
 2188  with the interlocal agreements and the plans.
 2189         Section 23. This act shall take effect upon becoming a law.