Bill Text: FL H7001 | 2011 | Regular Session | Introduced

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Bill Title: Growth Management

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2011-04-06 - Ordered enrolled -HJ 447 [H7001 Detail]

Download: Florida-2011-H7001-Introduced.html

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HB 7001

1	A bill to be entitled
2	An act relating to growth management; reenacting s. 1,
3	chapter 2009-96, Laws of Florida, relating to a short
4	title; reenacting s. 163.3164(29) and (34), F.S., relating
5	to the definition of "urban service area" and "dense urban
6	land area" for purposes of the Local Government
7	Comprehensive Planning and Land Development Regulation
8	Act; reenacting s. 163.3177(3)(b) and (f), (6)(h), and
9	(12)(a) and (j), F.S., relating to certain required and
10	optional elements of a comprehensive plan; reenacting s.
11	163.3180(5), (10), and (13)(b) and (e), F.S., relating to
12	concurrency requirements for transportation facilities;
13	reenacting s. 163.31801(3)(d), F.S., relating to a
14	required notice for a new or increased impact fee;
15	reenacting s. 163.3184(1)(b) and (3)(e), F.S., relating to
16	the process for adopting a comprehensive plan or plan
17	amendment; reenacting s. 163.3187(1)(b), (f), and (q),
18	F.S., relating to amendments to a comprehensive plan;
19	reenacting s. 163.32465(2), F.S., relating to a pilot
20	program to provide an alternative to the state review
21	process for local comprehensive plans; reenacting s.
22	171.091, F.S., relating to the recording of any change in
23	municipal boundaries; reenacting s. 186.509, F.S.,
24	relating to a dispute resolution process for reconciling
25	differences concerning planning and growth management
26	issues; reenacting s. 380.06(7)(a), (24), (28), and (29),
27	F.S., relating to preapplication procedures and certain
28	exemptions from review provided for proposed developments
29	of regional impact; reenacting ss. 13, 14, and 34 of
30	chapter 2009-96, Laws of Florida, relating to a study and
31	report concerning a mobility fee, the extension and
32	renewal of certain permits issued by the Department of
33	Environmental Protection or a water management district,
34	and a statement of important state interest; providing a
35	legislative finding of important state interest; providing
36	for retroactive operation of the act with respect to
37	provisions of law amended or created by chapter 2009-96,
38	Laws of Florida; providing for an exception under
39	specified circumstances; providing an effective date.
40
41	WHEREAS, the Florida Legislature enacted Senate Bill 360 in
42	2009 for important public policy purposes, and
43	WHEREAS, litigation has called into question the
44	constitutional validity of this important piece of legislation,
45	and
46	WHEREAS, the Legislature wishes to protect those who relied
47	on the changes made by Senate Bill 360 and to preserve the
48	Florida Statutes intact and cure any alleged constitutional
49	violation, NOW, THEREFORE,
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Section 1 of chapter 2009-96, Laws of Florida,
54	is reenacted to read:
55	Section 1.  This act may be cited as the "Community Renewal
56	Act."
57	Section 2.  Subsections (29) and (34) of section 163.3164,
58	Florida Statutes, are reenacted to read:
59	163.3164  Local Government Comprehensive Planning and Land
60	Development Regulation Act; definitions.-As used in this act:
61	(29)  "Urban service area" means built-up areas where
62	public facilities and services, including, but not limited to,
63	central water and sewer capacity and roads, are already in place
64	or are committed in the first 3 years of the capital improvement
65	schedule. In addition, for counties that qualify as dense urban
66	land areas under subsection (34), the nonrural area of a county
67	which has adopted into the county charter a rural area
68	designation or areas identified in the comprehensive plan as
69	urban service areas or urban growth boundaries on or before July
70	1, 2009, are also urban service areas under this definition.
71	(34)  "Dense urban land area" means:
72	(a)  A municipality that has an average of at least 1,000
73	people per square mile of land area and a minimum total
74	population of at least 5,000;
75	(b)  A county, including the municipalities located
76	therein, which has an average of at least 1,000 people per
77	square mile of land area; or
78	(c)  A county, including the municipalities located
79	therein, which has a population of at least 1 million.
80
81	The Office of Economic and Demographic Research within the
82	Legislature shall annually calculate the population and density
83	criteria needed to determine which jurisdictions qualify as
84	dense urban land areas by using the most recent land area data
85	from the decennial census conducted by the Bureau of the Census
86	of the United States Department of Commerce and the latest
87	available population estimates determined pursuant to s.
88	186.901. If any local government has had an annexation,
89	contraction, or new incorporation, the Office of Economic and
90	Demographic Research shall determine the population density
91	using the new jurisdictional boundaries as recorded in
92	accordance with s. 171.091. The Office of Economic and
93	Demographic Research shall submit to the state land planning
94	agency a list of jurisdictions that meet the total population
95	and density criteria necessary for designation as a dense urban
96	land area by July 1, 2009, and every year thereafter. The state
97	land planning agency shall publish the list of jurisdictions on
98	its Internet website within 7 days after the list is received.
99	The designation of jurisdictions that qualify or do not qualify
100	as a dense urban land area is effective upon publication on the
101	state land planning agency's Internet website.
102	Section 3.  Paragraphs (b) and (f) of subsection (3),
103	paragraph (h) of subsection (6), and paragraphs (a) and (j) of
104	subsection (12) of section 163.3177, Florida Statutes, are
105	reenacted to read:
106	163.3177  Required and optional elements of comprehensive
107	plan; studies and surveys.-
108	(3)(b)1.  The capital improvements element must be reviewed
109	on an annual basis and modified as necessary in accordance with
110	s. 163.3187 or s. 163.3189 in order to maintain a financially
111	feasible 5-year schedule of capital improvements. Corrections
112	and modifications concerning costs; revenue sources; or
113	acceptance of facilities pursuant to dedications which are
114	consistent with the plan may be accomplished by ordinance and
115	shall not be deemed to be amendments to the local comprehensive
116	plan. A copy of the ordinance shall be transmitted to the state
117	land planning agency. An amendment to the comprehensive plan is
118	required to update the schedule on an annual basis or to
119	eliminate, defer, or delay the construction for any facility
120	listed in the 5-year schedule. All public facilities must be
121	consistent with the capital improvements element. The annual
122	update to the capital improvements element of the comprehensive
123	plan need not comply with the financial feasibility requirement
124	until December 1, 2011. Thereafter, a local government may not
125	amend its future land use map, except for plan amendments to
126	meet new requirements under this part and emergency amendments
127	pursuant to s. 163.3187(1)(a), after December 1, 2011, and every
128	year thereafter, unless and until the local government has
129	adopted the annual update and it has been transmitted to the
130	state land planning agency.
131	2.  Capital improvements element amendments adopted after
132	the effective date of this act shall require only a single
133	public hearing before the governing board which shall be an
134	adoption hearing as described in s. 163.3184(7). Such amendments
135	are not subject to the requirements of s. 163.3184(3)-(6).
136	(f)  A local government's comprehensive plan and plan
137	amendments for land uses within all transportation concurrency
138	exception areas that are designated and maintained in accordance
139	with s. 163.3180(5) shall be deemed to meet the requirement to
140	achieve and maintain level-of-service standards for
141	transportation.
142	(6)  In addition to the requirements of subsections (1)-(5)
143	and (12), the comprehensive plan shall include the following
144	elements:
145	(h)1.  An intergovernmental coordination element showing
146	relationships and stating principles and guidelines to be used
147	in coordinating the adopted comprehensive plan with the plans of
148	school boards, regional water supply authorities, and other
149	units of local government providing services but not having
150	regulatory authority over the use of land, with the
151	comprehensive plans of adjacent municipalities, the county,
152	adjacent counties, or the region, with the state comprehensive
153	plan and with the applicable regional water supply plan approved
154	pursuant to s. 373.709, as the case may require and as such
155	adopted plans or plans in preparation may exist. This element of
156	the local comprehensive plan must demonstrate consideration of
157	the particular effects of the local plan, when adopted, upon the
158	development of adjacent municipalities, the county, adjacent
159	counties, or the region, or upon the state comprehensive plan,
160	as the case may require.
161	a.  The intergovernmental coordination element must provide
162	procedures for identifying and implementing joint planning
163	areas, especially for the purpose of annexation, municipal
164	incorporation, and joint infrastructure service areas.
165	b.  The intergovernmental coordination element must provide
166	for recognition of campus master plans prepared pursuant to s.
167	1013.30 and airport master plans under paragraph (k).
168	c.  The intergovernmental coordination element shall
169	provide for a dispute resolution process, as established
170	pursuant to s. 186.509, for bringing intergovernmental disputes
171	to closure in a timely manner.
172	d.  The intergovernmental coordination element shall
173	provide for interlocal agreements as established pursuant to s.
174	333.03(1)(b).
175	2.  The intergovernmental coordination element shall also
176	state principles and guidelines to be used in coordinating the
177	adopted comprehensive plan with the plans of school boards and
178	other units of local government providing facilities and
179	services but not having regulatory authority over the use of
180	land. In addition, the intergovernmental coordination element
181	must describe joint processes for collaborative planning and
182	decisionmaking on population projections and public school
183	siting, the location and extension of public facilities subject
184	to concurrency, and siting facilities with countywide
185	significance, including locally unwanted land uses whose nature
186	and identity are established in an agreement. Within 1 year
187	after adopting their intergovernmental coordination elements,
188	each county, all the municipalities within that county, the
189	district school board, and any unit of local government service
190	providers in that county shall establish by interlocal or other
191	formal agreement executed by all affected entities, the joint
192	processes described in this subparagraph consistent with their
193	adopted intergovernmental coordination elements.
194	3.  To foster coordination between special districts and
195	local general-purpose governments as local general-purpose
196	governments implement local comprehensive plans, each
197	independent special district must submit a public facilities
198	report to the appropriate local government as required by s.
199	189.415.
200	4.  Local governments shall execute an interlocal agreement
201	with the district school board, the county, and nonexempt
202	municipalities pursuant to s. 163.31777. The local government
203	shall amend the intergovernmental coordination element to ensure
204	that coordination between the local government and school board
205	is pursuant to the agreement and shall state the obligations of
206	the local government under the agreement. Plan amendments that
207	comply with this subparagraph are exempt from the provisions of
208	s. 163.3187(1).
209	5.  By January 1, 2004, any county having a population
210	greater than 100,000, and the municipalities and special
211	districts within that county, shall submit a report to the
212	Department of Community Affairs which identifies:
213	a.  All existing or proposed interlocal service delivery
214	agreements relating to education; sanitary sewer; public safety;
215	solid waste; drainage; potable water; parks and recreation; and
216	transportation facilities.
217	b.  Any deficits or duplication in the provision of
218	services within its jurisdiction, whether capital or
219	operational. Upon request, the Department of Community Affairs
220	shall provide technical assistance to the local governments in
221	identifying deficits or duplication.
222	6.  Within 6 months after submission of the report, the
223	Department of Community Affairs shall, through the appropriate
224	regional planning council, coordinate a meeting of all local
225	governments within the regional planning area to discuss the
226	reports and potential strategies to remedy any identified
227	deficiencies or duplications.
228	7.  Each local government shall update its
229	intergovernmental coordination element based upon the findings
230	in the report submitted pursuant to subparagraph 5. The report
231	may be used as supporting data and analysis for the
232	intergovernmental coordination element.
233	(12)  A public school facilities element adopted to
234	implement a school concurrency program shall meet the
235	requirements of this subsection. Each county and each
236	municipality within the county, unless exempt or subject to a
237	waiver, must adopt a public school facilities element that is
238	consistent with those adopted by the other local governments
239	within the county and enter the interlocal agreement pursuant to
240	s. 163.31777.
241	(a)  The state land planning agency may provide a waiver to
242	a county and to the municipalities within the county if the
243	capacity rate for all schools within the school district is no
244	greater than 100 percent and the projected 5-year capital outlay
245	full-time equivalent student growth rate is less than 10
246	percent. The state land planning agency may allow for a
247	projected 5-year capital outlay full-time equivalent student
248	growth rate to exceed 10 percent when the projected 10-year
249	capital outlay full-time equivalent student enrollment is less
250	than 2,000 students and the capacity rate for all schools within
251	the school district in the tenth year will not exceed the 100-
252	percent limitation. The state land planning agency may allow for
253	a single school to exceed the 100-percent limitation if it can
254	be demonstrated that the capacity rate for that single school is
255	not greater than 105 percent. In making this determination, the
256	state land planning agency shall consider the following
257	criteria:
258	1.  Whether the exceedance is due to temporary
259	circumstances;
260	2.  Whether the projected 5-year capital outlay full time
261	equivalent student growth rate for the school district is
262	approaching the 10-percent threshold;
263	3.  Whether one or more additional schools within the
264	school district are at or approaching the 100-percent threshold;
265	and
266	4.  The adequacy of the data and analysis submitted to
267	support the waiver request.
268	(j)  The state land planning agency may issue a notice to
269	the school board and the local government to show cause why
270	sanctions should not be enforced for failure to enter into an
271	approved interlocal agreement as required by s. 163.31777 or for
272	failure to implement provisions relating to public school
273	concurrency. If the state land planning agency finds that
274	insufficient cause exists for the school board's or local
275	government's failure to enter into an approved interlocal
276	agreement as required by s. 163.31777 or for the school board's
277	or local government's failure to implement the provisions
278	relating to public school concurrency, the state land planning
279	agency shall submit its finding to the Administration Commission
280	which may impose on the local government any of the sanctions
281	set forth in s. 163.3184(11)(a) and (b) and may impose on the
282	district school board any of the sanctions set forth in s.
283	1008.32(4).
284	Section 4.  Subsections (5) and (10) and paragraphs (b) and
285	(e) of subsection (13) of section 163.3180, Florida Statutes,
286	are reenacted to read:
287	163.3180  Concurrency.-
288	(5)(a)  The Legislature finds that under limited
289	circumstances, countervailing planning and public policy goals
290	may come into conflict with the requirement that adequate public
291	transportation facilities and services be available concurrent
292	with the impacts of such development. The Legislature further
293	finds that the unintended result of the concurrency requirement
294	for transportation facilities is often the discouragement of
295	urban infill development and redevelopment. Such unintended
296	results directly conflict with the goals and policies of the
297	state comprehensive plan and the intent of this part. The
298	Legislature also finds that in urban centers transportation
299	cannot be effectively managed and mobility cannot be improved
300	solely through the expansion of roadway capacity, that the
301	expansion of roadway capacity is not always physically or
302	financially possible, and that a range of transportation
303	alternatives is essential to satisfy mobility needs, reduce
304	congestion, and achieve healthy, vibrant centers.
305	(b)1.  The following are transportation concurrency
306	exception areas:
307	a.  A municipality that qualifies as a dense urban land
308	area under s. 163.3164;
309	b.  An urban service area under s. 163.3164 that has been
310	adopted into the local comprehensive plan and is located within
311	a county that qualifies as a dense urban land area under s.
312	163.3164; and
313	c.  A county, including the municipalities located therein,
314	which has a population of at least 900,000 and qualifies as a
315	dense urban land area under s. 163.3164, but does not have an
316	urban service area designated in the local comprehensive plan.
317	2.  A municipality that does not qualify as a dense urban
318	land area pursuant to s. 163.3164 may designate in its local
319	comprehensive plan the following areas as transportation
320	concurrency exception areas:
321	a.  Urban infill as defined in s. 163.3164;
322	b.  Community redevelopment areas as defined in s. 163.340;
323	c.  Downtown revitalization areas as defined in s.
324	163.3164;
325	d.  Urban infill and redevelopment under s. 163.2517; or
326	e.  Urban service areas as defined in s. 163.3164 or areas
327	within a designated urban service boundary under s.
328	163.3177(14).
329	3.  A county that does not qualify as a dense urban land
330	area pursuant to s. 163.3164 may designate in its local
331	comprehensive plan the following areas as transportation
332	concurrency exception areas:
333	a.  Urban infill as defined in s. 163.3164;
334	b.  Urban infill and redevelopment under s. 163.2517; or
335	c.  Urban service areas as defined in s. 163.3164.
336	4.  A local government that has a transportation
337	concurrency exception area designated pursuant to subparagraph
338	1., subparagraph 2., or subparagraph 3. shall, within 2 years
339	after the designated area becomes exempt, adopt into its local
340	comprehensive plan land use and transportation strategies to
341	support and fund mobility within the exception area, including
342	alternative modes of transportation. Local governments are
343	encouraged to adopt complementary land use and transportation
344	strategies that reflect the region's shared vision for its
345	future. If the state land planning agency finds insufficient
346	cause for the failure to adopt into its comprehensive plan land
347	use and transportation strategies to support and fund mobility
348	within the designated exception area after 2 years, it shall
349	submit the finding to the Administration Commission, which may
350	impose any of the sanctions set forth in s. 163.3184(11)(a) and
351	(b) against the local government.
352	5.  Transportation concurrency exception areas designated
353	pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
354	do not apply to designated transportation concurrency districts
355	located within a county that has a population of at least 1.5
356	million, has implemented and uses a transportation-related
357	concurrency assessment to support alternative modes of
358	transportation, including, but not limited to, mass transit, and
359	does not levy transportation impact fees within the concurrency
360	district.
361	6.  Transportation concurrency exception areas designated
362	under subparagraph 1., subparagraph 2., or subparagraph 3. do
363	not apply in any county that has exempted more than 40 percent
364	of the area inside the urban service area from transportation
365	concurrency for the purpose of urban infill.
366	7.  A local government that does not have a transportation
367	concurrency exception area designated pursuant to subparagraph
368	1., subparagraph 2., or subparagraph 3. may grant an exception
369	from the concurrency requirement for transportation facilities
370	if the proposed development is otherwise consistent with the
371	adopted local government comprehensive plan and is a project
372	that promotes public transportation or is located within an area
373	designated in the comprehensive plan for:
374	a.  Urban infill development;
375	b.  Urban redevelopment;
376	c.  Downtown revitalization;
377	d.  Urban infill and redevelopment under s. 163.2517; or
378	e.  An urban service area specifically designated as a
379	transportation concurrency exception area which includes lands
380	appropriate for compact, contiguous urban development, which
381	does not exceed the amount of land needed to accommodate the
382	projected population growth at densities consistent with the
383	adopted comprehensive plan within the 10-year planning period,
384	and which is served or is planned to be served with public
385	facilities and services as provided by the capital improvements
386	element.
387	(c)  The Legislature also finds that developments located
388	within urban infill, urban redevelopment, urban service, or
389	downtown revitalization areas or areas designated as urban
390	infill and redevelopment areas under s. 163.2517, which pose
391	only special part-time demands on the transportation system, are
392	exempt from the concurrency requirement for transportation
393	facilities. A special part-time demand is one that does not have
394	more than 200 scheduled events during any calendar year and does
395	not affect the 100 highest traffic volume hours.
396	(d)  Except for transportation concurrency exception areas
397	designated pursuant to subparagraph (b)1., subparagraph (b)2.,
398	or subparagraph (b)3., the following requirements apply:
399	1.  The local government shall both adopt into the
400	comprehensive plan and implement long-term strategies to support
401	and fund mobility within the designated exception area,
402	including alternative modes of transportation. The plan
403	amendment must also demonstrate how strategies will support the
404	purpose of the exception and how mobility within the designated
405	exception area will be provided.
406	2.  The strategies must address urban design; appropriate
407	land use mixes, including intensity and density; and network
408	connectivity plans needed to promote urban infill,
409	redevelopment, or downtown revitalization. The comprehensive
410	plan amendment designating the concurrency exception area must
411	be accompanied by data and analysis supporting the local
412	government's determination of the boundaries of the
413	transportation concurrency exception area.
414	(e)  Before designating a concurrency exception area
415	pursuant to subparagraph (b)7., the state land planning agency
416	and the Department of Transportation shall be consulted by the
417	local government to assess the impact that the proposed
418	exception area is expected to have on the adopted level-of-
419	service standards established for regional transportation
420	facilities identified pursuant to s. 186.507, including the
421	Strategic Intermodal System and roadway facilities funded in
422	accordance with s. 339.2819. Further, the local government shall
423	provide a plan for the mitigation of impacts to the Strategic
424	Intermodal System, including, if appropriate, access management,
425	parallel reliever roads, transportation demand management, and
426	other measures.
427	(f)  The designation of a transportation concurrency
428	exception area does not limit a local government's home rule
429	power to adopt ordinances or impose fees. This subsection does
430	not affect any contract or agreement entered into or development
431	order rendered before the creation of the transportation
432	concurrency exception area except as provided in s.
433	380.06(29)(e).
434	(g)  The Office of Program Policy Analysis and Government
435	Accountability shall submit to the President of the Senate and
436	the Speaker of the House of Representatives by February 1, 2015,
437	a report on transportation concurrency exception areas created
438	pursuant to this subsection. At a minimum, the report shall
439	address the methods that local governments have used to
440	implement and fund transportation strategies to achieve the
441	purposes of designated transportation concurrency exception
442	areas, and the effects of the strategies on mobility,
443	congestion, urban design, the density and intensity of land use
444	mixes, and network connectivity plans used to promote urban
445	infill, redevelopment, or downtown revitalization.
446	(10)  Except in transportation concurrency exception areas,
447	with regard to roadway facilities on the Strategic Intermodal
448	System designated in accordance with s. 339.63, local
449	governments shall adopt the level-of-service standard
450	established by the Department of Transportation by rule.
451	However, if the Office of Tourism, Trade, and Economic
452	Development concurs in writing with the local government that
453	the proposed development is for a qualified job creation project
454	under s. 288.0656 or s. 403.973, the affected local government,
455	after consulting with the Department of Transportation, may
456	provide for a waiver of transportation concurrency for the
457	project. For all other roads on the State Highway System, local
458	governments shall establish an adequate level-of-service
459	standard that need not be consistent with any level-of-service
460	standard established by the Department of Transportation. In
461	establishing adequate level-of-service standards for any
462	arterial roads, or collector roads as appropriate, which
463	traverse multiple jurisdictions, local governments shall
464	consider compatibility with the roadway facility's adopted
465	level-of-service standards in adjacent jurisdictions. Each local
466	government within a county shall use a professionally accepted
467	methodology for measuring impacts on transportation facilities
468	for the purposes of implementing its concurrency management
469	system. Counties are encouraged to coordinate with adjacent
470	counties, and local governments within a county are encouraged
471	to coordinate, for the purpose of using common methodologies for
472	measuring impacts on transportation facilities for the purpose
473	of implementing their concurrency management systems.
474	(13)  School concurrency shall be established on a
475	districtwide basis and shall include all public schools in the
476	district and all portions of the district, whether located in a
477	municipality or an unincorporated area unless exempt from the
478	public school facilities element pursuant to s. 163.3177(12).
479	The application of school concurrency to development shall be
480	based upon the adopted comprehensive plan, as amended. All local
481	governments within a county, except as provided in paragraph
482	(f), shall adopt and transmit to the state land planning agency
483	the necessary plan amendments, along with the interlocal
484	agreement, for a compliance review pursuant to s. 163.3184(7)
485	and (8). The minimum requirements for school concurrency are the
486	following:
487	(b)  Level-of-service standards.-The Legislature recognizes
488	that an essential requirement for a concurrency management
489	system is the level of service at which a public facility is
490	expected to operate.
491	1.  Local governments and school boards imposing school
492	concurrency shall exercise authority in conjunction with each
493	other to establish jointly adequate level-of-service standards,
494	as defined in chapter 9J-5, Florida Administrative Code,
495	necessary to implement the adopted local government
496	comprehensive plan, based on data and analysis.
497	2.  Public school level-of-service standards shall be
498	included and adopted into the capital improvements element of
499	the local comprehensive plan and shall apply districtwide to all
500	schools of the same type. Types of schools may include
501	elementary, middle, and high schools as well as special purpose
502	facilities such as magnet schools.
503	3.  Local governments and school boards shall have the
504	option to utilize tiered level-of-service standards to allow
505	time to achieve an adequate and desirable level of service as
506	circumstances warrant.
507	4.  For the purpose of determining whether levels of
508	service have been achieved, for the first 3 years of school
509	concurrency implementation, a school district that includes
510	relocatable facilities in its inventory of student stations
511	shall include the capacity of such relocatable facilities as
512	provided in s. 1013.35(2)(b)2.f., provided the relocatable
513	facilities were purchased after 1998 and the relocatable
514	facilities meet the standards for long-term use pursuant to s.
515	1013.20.
516	(e)  Availability standard.-Consistent with the public
517	welfare, a local government may not deny an application for site
518	plan, final subdivision approval, or the functional equivalent
519	for a development or phase of a development authorizing
520	residential development for failure to achieve and maintain the
521	level-of-service standard for public school capacity in a local
522	school concurrency management system where adequate school
523	facilities will be in place or under actual construction within
524	3 years after the issuance of final subdivision or site plan
525	approval, or the functional equivalent. School concurrency is
526	satisfied if the developer executes a legally binding commitment
527	to provide mitigation proportionate to the demand for public
528	school facilities to be created by actual development of the
529	property, including, but not limited to, the options described
530	in subparagraph 1. Options for proportionate-share mitigation of
531	impacts on public school facilities must be established in the
532	public school facilities element and the interlocal agreement
533	pursuant to s. 163.31777.
534	1.  Appropriate mitigation options include the contribution
535	of land; the construction, expansion, or payment for land
536	acquisition or construction of a public school facility; the
537	construction of a charter school that complies with the
538	requirements of s. 1002.33(18); or the creation of mitigation
539	banking based on the construction of a public school facility in
540	exchange for the right to sell capacity credits. Such options
541	must include execution by the applicant and the local government
542	of a development agreement that constitutes a legally binding
543	commitment to pay proportionate-share mitigation for the
544	additional residential units approved by the local government in
545	a development order and actually developed on the property,
546	taking into account residential density allowed on the property
547	prior to the plan amendment that increased the overall
548	residential density. The district school board must be a party
549	to such an agreement. As a condition of its entry into such a
550	development agreement, the local government may require the
551	landowner to agree to continuing renewal of the agreement upon
552	its expiration.
553	2.  If the education facilities plan and the public
554	educational facilities element authorize a contribution of land;
555	the construction, expansion, or payment for land acquisition;
556	the construction or expansion of a public school facility, or a
557	portion thereof; or the construction of a charter school that
558	complies with the requirements of s. 1002.33(18), as
559	proportionate-share mitigation, the local government shall
560	credit such a contribution, construction, expansion, or payment
561	toward any other impact fee or exaction imposed by local
562	ordinance for the same need, on a dollar-for-dollar basis at
563	fair market value.
564	3.  Any proportionate-share mitigation must be directed by
565	the school board toward a school capacity improvement identified
566	in a financially feasible 5-year district work plan that
567	satisfies the demands created by the development in accordance
568	with a binding developer's agreement.
569	4.  If a development is precluded from commencing because
570	there is inadequate classroom capacity to mitigate the impacts
571	of the development, the development may nevertheless commence if
572	there are accelerated facilities in an approved capital
573	improvement element scheduled for construction in year four or
574	later of such plan which, when built, will mitigate the proposed
575	development, or if such accelerated facilities will be in the
576	next annual update of the capital facilities element, the
577	developer enters into a binding, financially guaranteed
578	agreement with the school district to construct an accelerated
579	facility within the first 3 years of an approved capital
580	improvement plan, and the cost of the school facility is equal
581	to or greater than the development's proportionate share. When
582	the completed school facility is conveyed to the school
583	district, the developer shall receive impact fee credits usable
584	within the zone where the facility is constructed or any
585	attendance zone contiguous with or adjacent to the zone where
586	the facility is constructed.
587	5.  This paragraph does not limit the authority of a local
588	government to deny a development permit or its functional
589	equivalent pursuant to its home rule regulatory powers, except
590	as provided in this part.
591	Section 5.  Paragraph (d) of subsection (3) of section
592	163.31801, Florida Statutes, is reenacted to read:
593	163.31801  Impact fees; short title; intent; definitions;
594	ordinances levying impact fees.-
595	(3)  An impact fee adopted by ordinance of a county or
596	municipality or by resolution of a special district must, at
597	minimum:
598	(d)  Require that notice be provided no less than 90 days
599	before the effective date of an ordinance or resolution imposing
600	a new or increased impact fee. A county or municipality is not
601	required to wait 90 days to decrease, suspend, or eliminate an
602	impact fee.
603	Section 6.  Paragraph (b) of subsection (1) and paragraph
604	(e) of subsection (3) of section 163.3184, Florida Statutes, are
605	reenacted to read:
606	163.3184  Process for adoption of comprehensive plan or
607	plan amendment.-
608	(1)  DEFINITIONS.-As used in this section, the term:
609	(b)  "In compliance" means consistent with the requirements
610	of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245,
611	with the state comprehensive plan, with the appropriate
612	strategic regional policy plan, and with chapter 9J-5, Florida
613	Administrative Code, where such rule is not inconsistent with
614	this part and with the principles for guiding development in
615	designated areas of critical state concern and with part III of
616	chapter 369, where applicable.
617	(3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
618	AMENDMENT.-
619	(e)  At the request of an applicant, a local government
620	shall consider an application for zoning changes that would be
621	required to properly enact the provisions of any proposed plan
622	amendment transmitted pursuant to this subsection. Zoning
623	changes approved by the local government are contingent upon the
624	comprehensive plan or plan amendment transmitted becoming
625	effective.
626	Section 7.  Paragraphs (b), (f), and (q) of subsection (1)
627	of section 163.3187, Florida Statutes, are reenacted to read:
628	163.3187  Amendment of adopted comprehensive plan.-
629	(1)  Amendments to comprehensive plans adopted pursuant to
630	this part may be made not more than two times during any
631	calendar year, except:
632	(b)  Any local government comprehensive plan amendments
633	directly related to a proposed development of regional impact,
634	including changes which have been determined to be substantial
635	deviations and including Florida Quality Developments pursuant
636	to s. 380.061, may be initiated by a local planning agency and
637	considered by the local governing body at the same time as the
638	application for development approval using the procedures
639	provided for local plan amendment in this section and applicable
640	local ordinances.
641	(f)  The capital improvements element annual update
642	required in s. 163.3177(3)(b)1. and any amendments directly
643	related to the schedule.
644	(q)  Any local government plan amendment to designate an
645	urban service area as a transportation concurrency exception
646	area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
647	development-of-regional-impact process under s. 380.06(29).
648	Section 8.  Subsection (2) of section 163.32465, Florida
649	Statutes, is reenacted to read:
650	163.32465  State review of local comprehensive plans in
651	urban areas.-
652	(2)  ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.-
653	Pinellas and Broward Counties, and the municipalities within
654	these counties, and Jacksonville, Miami, Tampa, and Hialeah
655	shall follow an alternative state review process provided in
656	this section. Municipalities within the pilot counties may
657	elect, by super majority vote of the governing body, not to
658	participate in the pilot program. In addition to the pilot
659	program jurisdictions, any local government may use the
660	alternative state review process to designate an urban service
661	area as defined in s. 163.3164(29) in its comprehensive plan.
662	Section 9.  Section 171.091, Florida Statutes, is reenacted
663	to read:
664	171.091  Recording.-Any change in the municipal boundaries
665	through annexation or contraction shall revise the charter
666	boundary article and shall be filed as a revision of the charter
667	with the Department of State within 30 days. A copy of such
668	revision must be submitted to the Office of Economic and
669	Demographic Research along with a statement specifying the
670	population census effect and the affected land area.
671	Section 10.  Section 186.509, Florida Statutes, is
672	reenacted to read:
673	186.509  Dispute resolution process.-Each regional planning
674	council shall establish by rule a dispute resolution process to
675	reconcile differences on planning and growth management issues
676	between local governments, regional agencies, and private
677	interests. The dispute resolution process shall, within a
678	reasonable set of timeframes, provide for: voluntary meetings
679	among the disputing parties; if those meetings fail to resolve
680	the dispute, initiation of mandatory mediation or a similar
681	process; if that process fails, initiation of arbitration or
682	administrative or judicial action, where appropriate. The
683	council shall not utilize the dispute resolution process to
684	address disputes involving environmental permits or other
685	regulatory matters unless requested to do so by the parties. The
686	resolution of any issue through the dispute resolution process
687	shall not alter any person's right to a judicial determination
688	of any issue if that person is entitled to such a determination
689	under statutory or common law.
690	Section 11.  Paragraph (a) of subsection (7) and
691	subsections (24), (28), and (29) of section 380.06, Florida
692	Statutes, are reenacted to read:
693	380.06  Developments of regional impact.-
694	(7)  PREAPPLICATION PROCEDURES.-
695	(a)  Before filing an application for development approval,
696	the developer shall contact the regional planning agency with
697	jurisdiction over the proposed development to arrange a
698	preapplication conference. Upon the request of the developer or
699	the regional planning agency, other affected state and regional
700	agencies shall participate in this conference and shall identify
701	the types of permits issued by the agencies, the level of
702	information required, and the permit issuance procedures as
703	applied to the proposed development. The levels of service
704	required in the transportation methodology shall be the same
705	levels of service used to evaluate concurrency in accordance
706	with s. 163.3180. The regional planning agency shall provide the
707	developer information about the development-of-regional-impact
708	process and the use of preapplication conferences to identify
709	issues, coordinate appropriate state and local agency
710	requirements, and otherwise promote a proper and efficient
711	review of the proposed development. If agreement is reached
712	regarding assumptions and methodology to be used in the
713	application for development approval, the reviewing agencies may
714	not subsequently object to those assumptions and methodologies
715	unless subsequent changes to the project or information obtained
716	during the review make those assumptions and methodologies
717	inappropriate.
718	(24)  STATUTORY EXEMPTIONS.-
719	(a)  Any proposed hospital is exempt from the provisions of
720	this section.
721	(b)  Any proposed electrical transmission line or
722	electrical power plant is exempt from the provisions of this
723	section.
724	(c)  Any proposed addition to an existing sports facility
725	complex is exempt from the provisions of this section if the
726	addition meets the following characteristics:
727	1.  It would not operate concurrently with the scheduled
728	hours of operation of the existing facility.
729	2.  Its seating capacity would be no more than 75 percent
730	of the capacity of the existing facility.
731	3.  The sports facility complex property is owned by a
732	public body prior to July 1, 1983.
733	This exemption does not apply to any pari-mutuel facility.
734	(d)  Any proposed addition or cumulative additions
735	subsequent to July 1, 1988, to an existing sports facility
736	complex owned by a state university is exempt if the increased
737	seating capacity of the complex is no more than 30 percent of
738	the capacity of the existing facility.
739	(e)  Any addition of permanent seats or parking spaces for
740	an existing sports facility located on property owned by a
741	public body prior to July 1, 1973, is exempt from the provisions
742	of this section if future additions do not expand existing
743	permanent seating or parking capacity more than 15 percent
744	annually in excess of the prior year's capacity.
745	(f)  Any increase in the seating capacity of an existing
746	sports facility having a permanent seating capacity of at least
747	50,000 spectators is exempt from the provisions of this section,
748	provided that such an increase does not increase permanent
749	seating capacity by more than 5 percent per year and not to
750	exceed a total of 10 percent in any 5-year period, and provided
751	that the sports facility notifies the appropriate local
752	government within which the facility is located of the increase
753	at least 6 months prior to the initial use of the increased
754	seating, in order to permit the appropriate local government to
755	develop a traffic management plan for the traffic generated by
756	the increase. Any traffic management plan shall be consistent
757	with the local comprehensive plan, the regional policy plan, and
758	the state comprehensive plan.
759	(g)  Any expansion in the permanent seating capacity or
760	additional improved parking facilities of an existing sports
761	facility is exempt from the provisions of this section, if the
762	following conditions exist:
763	1.a.  The sports facility had a permanent seating capacity
764	on January 1, 1991, of at least 41,000 spectator seats;
765	b.  The sum of such expansions in permanent seating
766	capacity does not exceed a total of 10 percent in any 5-year
767	period and does not exceed a cumulative total of 20 percent for
768	any such expansions; or
769	c.  The increase in additional improved parking facilities
770	is a one-time addition and does not exceed 3,500 parking spaces
771	serving the sports facility; and
772	2.  The local government having jurisdiction of the sports
773	facility includes in the development order or development permit
774	approving such expansion under this paragraph a finding of fact
775	that the proposed expansion is consistent with the
776	transportation, water, sewer and stormwater drainage provisions
777	of the approved local comprehensive plan and local land
778	development regulations relating to those provisions.
779
780	Any owner or developer who intends to rely on this statutory
781	exemption shall provide to the department a copy of the local
782	government application for a development permit. Within 45 days
783	of receipt of the application, the department shall render to
784	the local government an advisory and nonbinding opinion, in
785	writing, stating whether, in the department's opinion, the
786	prescribed conditions exist for an exemption under this
787	paragraph. The local government shall render the development
788	order approving each such expansion to the department. The
789	owner, developer, or department may appeal the local government
790	development order pursuant to s. 380.07, within 45 days after
791	the order is rendered. The scope of review shall be limited to
792	the determination of whether the conditions prescribed in this
793	paragraph exist. If any sports facility expansion undergoes
794	development-of-regional-impact review, all previous expansions
795	which were exempt under this paragraph shall be included in the
796	development-of-regional-impact review.
797	(h)  Expansion to port harbors, spoil disposal sites,
798	navigation channels, turning basins, harbor berths, and other
799	related inwater harbor facilities of ports listed in s.
800	403.021(9)(b), port transportation facilities and projects
801	listed in s. 311.07(3)(b), and intermodal transportation
802	facilities identified pursuant to s. 311.09(3) are exempt from
803	the provisions of this section when such expansions, projects,
804	or facilities are consistent with comprehensive master plans
805	that are in compliance with the provisions of s. 163.3178.
806	(i)  Any proposed facility for the storage of any petroleum
807	product or any expansion of an existing facility is exempt from
808	the provisions of this section.
809	(j)  Any renovation or redevelopment within the same land
810	parcel which does not change land use or increase density or
811	intensity of use.
812	(k)  Waterport and marina development, including dry
813	storage facilities, are exempt from the provisions of this
814	section.
815	(l)  Any proposed development within an urban service
816	boundary established under s. 163.3177(14), which is not
817	otherwise exempt pursuant to subsection (29), is exempt from the
818	provisions of this section if the local government having
819	jurisdiction over the area where the development is proposed has
820	adopted the urban service boundary, has entered into a binding
821	agreement with jurisdictions that would be impacted and with the
822	Department of Transportation regarding the mitigation of impacts
823	on state and regional transportation facilities, and has adopted
824	a proportionate share methodology pursuant to s. 163.3180(16).
825	(m)  Any proposed development within a rural land
826	stewardship area created under s. 163.3177(11)(d) is exempt from
827	the provisions of this section if the local government that has
828	adopted the rural land stewardship area has entered into a
829	binding agreement with jurisdictions that would be impacted and
830	the Department of Transportation regarding the mitigation of
831	impacts on state and regional transportation facilities, and has
832	adopted a proportionate share methodology pursuant to s.
833	163.3180(16).
834	(n)  The establishment, relocation, or expansion of any
835	military installation as defined in s. 163.3175, is exempt from
836	this section.
837	(o)  Any self-storage warehousing that does not allow
838	retail or other services is exempt from this section.
839	(p)  Any proposed nursing home or assisted living facility
840	is exempt from this section.
841	(q)  Any development identified in an airport master plan
842	and adopted into the comprehensive plan pursuant to s.
843	163.3177(6)(k) is exempt from this section.
844	(r)  Any development identified in a campus master plan and
845	adopted pursuant to s. 1013.30 is exempt from this section.
846	(s)  Any development in a specific area plan which is
847	prepared pursuant to s. 163.3245 and adopted into the
848	comprehensive plan is exempt from this section.
849	(t)  Any development within a county with a research and
850	education authority created by special act and that is also
851	within a research and development park that is operated or
852	managed by a research and development authority pursuant to part
853	V of chapter 159 is exempt from this section.
854
855	If a use is exempt from review as a development of regional
856	impact under paragraphs (a)-(s), but will be part of a larger
857	project that is subject to review as a development of regional
858	impact, the impact of the exempt use must be included in the
859	review of the larger project, unless such exempt use involves a
860	development of regional impact that includes a landowner,
861	tenant, or user that has entered into a funding agreement with
862	the Office of Tourism, Trade, and Economic Development under the
863	Innovation Incentive Program and the agreement contemplates a
864	state award of at least $50 million.
865	(28)  PARTIAL STATUTORY EXEMPTIONS.-
866	(a)  If the binding agreement referenced under paragraph
867	(24)(l) for urban service boundaries is not entered into within
868	12 months after establishment of the urban service boundary, the
869	development-of-regional-impact review for projects within the
870	urban service boundary must address transportation impacts only.
871	(b)  If the binding agreement referenced under paragraph
872	(24)(m) for rural land stewardship areas is not entered into
873	within 12 months after the designation of a rural land
874	stewardship area, the development-of-regional-impact review for
875	projects within the rural land stewardship area must address
876	transportation impacts only.
877	(c)  If the binding agreement for designated urban infill
878	and redevelopment areas is not entered into within 12 months
879	after the designation of the area or July 1, 2007, whichever
880	occurs later, the development-of-regional-impact review for
881	projects within the urban infill and redevelopment area must
882	address transportation impacts only.
883	(d)  A local government that does not wish to enter into a
884	binding agreement or that is unable to agree on the terms of the
885	agreement referenced under paragraph (24)(l) or paragraph
886	(24)(m) shall provide written notification to the state land
887	planning agency of the decision to not enter into a binding
888	agreement or the failure to enter into a binding agreement
889	within the 12-month period referenced in paragraphs (a), (b) and
890	(c). Following the notification of the state land planning
891	agency, development-of-regional-impact review for projects
892	within an urban service boundary under paragraph (24)(l), or a
893	rural land stewardship area under paragraph (24)(m), must
894	address transportation impacts only.
895	(e)  The vesting provision of s. 163.3167(8) relating to an
896	authorized development of regional impact shall not apply to
897	those projects partially exempt from the development-of-
898	regional-impact review process under paragraphs (a)-(d).
899	(29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
900	(a)  The following are exempt from this section:
901	1.  Any proposed development in a municipality that
902	qualifies as a dense urban land area as defined in s. 163.3164;
903	2.  Any proposed development within a county that qualifies
904	as a dense urban land area as defined in s. 163.3164 and that is
905	located within an urban service area as defined in s. 163.3164
906	which has been adopted into the comprehensive plan; or
907	3.  Any proposed development within a county, including the
908	municipalities located therein, which has a population of at
909	least 900,000, which qualifies as a dense urban land area under
910	s. 163.3164, but which does not have an urban service area
911	designated in the comprehensive plan.
912	(b)  If a municipality that does not qualify as a dense
913	urban land area pursuant to s. 163.3164 designates any of the
914	following areas in its comprehensive plan, any proposed
915	development within the designated area is exempt from the
916	development-of-regional-impact process:
917	1.  Urban infill as defined in s. 163.3164;
918	2.  Community redevelopment areas as defined in s. 163.340;
919	3.  Downtown revitalization areas as defined in s.
920	163.3164;
921	4.  Urban infill and redevelopment under s. 163.2517; or
922	5.  Urban service areas as defined in s. 163.3164 or areas
923	within a designated urban service boundary under s.
924	163.3177(14).
925	(c)  If a county that does not qualify as a dense urban
926	land area pursuant to s. 163.3164 designates any of the
927	following areas in its comprehensive plan, any proposed
928	development within the designated area is exempt from the
929	development-of-regional-impact process:
930	1.  Urban infill as defined in s. 163.3164;
931	2.  Urban infill and redevelopment under s. 163.2517; or
932	3.  Urban service areas as defined in s. 163.3164.
933	(d)  A development that is located partially outside an
934	area that is exempt from the development-of-regional-impact
935	program must undergo development-of-regional-impact review
936	pursuant to this section.
937	(e)  In an area that is exempt under paragraphs (a)-(c),
938	any previously approved development-of-regional-impact
939	development orders shall continue to be effective, but the
940	developer has the option to be governed by s. 380.115(1). A
941	pending application for development approval shall be governed
942	by s. 380.115(2). A development that has a pending application
943	for a comprehensive plan amendment and that elects not to
944	continue development-of-regional-impact review is exempt from
945	the limitation on plan amendments set forth in s. 163.3187(1)
946	for the year following the effective date of the exemption.
947	(f)  Local governments must submit by mail a development
948	order to the state land planning agency for projects that would
949	be larger than 120 percent of any applicable development-of
950	regional-impact threshold and would require development-of-
951	regional-impact review but for the exemption from the program
952	under paragraphs (a)-(c). For such development orders, the state
953	land planning agency may appeal the development order pursuant
954	to s. 380.07 for inconsistency with the comprehensive plan
955	adopted under chapter 163.
956	(g)  If a local government that qualifies as a dense urban
957	land area under this subsection is subsequently found to be
958	ineligible for designation as a dense urban land area, any
959	development located within that area which has a complete,
960	pending application for authorization to commence development
961	may maintain the exemption if the developer is continuing the
962	application process in good faith or the development is
963	approved.
964	(h)  This subsection does not limit or modify the rights of
965	any person to complete any development that has been authorized
966	as a development of regional impact pursuant to this chapter.
967	(i)  This subsection does not apply to areas:
968	1.  Within the boundary of any area of critical state
969	concern designated pursuant to s. 380.05;
970	2.  Within the boundary of the Wekiva Study Area as
971	described in s. 369.316; or
972	3.  Within 2 miles of the boundary of the Everglades
973	Protection Area as described in s. 373.4592(2).
974	Section 12.  Sections 13, 14, and 34 of chapter 2009-96,
975	Laws of Florida, are reenacted to read:
976	Section 13.  (1)(a)  The Legislature finds that the
977	existing transportation concurrency system has not adequately
978	addressed the transportation needs of this state in an
979	effective, predictable, and equitable manner and is not
980	producing a sustainable transportation system for the state. The
981	Legislature finds that the current system is complex,
982	inequitable, lacks uniformity among jurisdictions, is too
983	focused on roadways to the detriment of desired land use
984	patterns and transportation alternatives, and frequently
985	prevents the attainment of important growth management goals.
986	(b)  The Legislature determines that the state shall
987	evaluate and consider the implementation of a mobility fee to
988	replace the existing transportation concurrency system. The
989	mobility fee should be designed to provide for mobility needs,
990	ensure that development provides mitigation for its impacts on
991	the transportation system in approximate proportionality to
992	those impacts, fairly distribute the fee among the governmental
993	entities responsible for maintaining the impacted roadways, and
994	promote compact, mixed-use, and energy-efficient development.
995	(2)  The state land planning agency and the Department of
996	Transportation shall continue their respective current mobility
997	fee studies and develop and submit to the President of the
998	Senate and the Speaker of the House of Representatives, no later
999	than December 1, 2009, a final joint report on the mobility fee
1000	methodology study, complete with recommended legislation and a
1001	plan to implement the mobility fee as a replacement for the
1002	existing local government adopted and implemented transportation
1003	concurrency management systems. The final joint report shall
1004	also contain, but is not limited to, an economic analysis of
1005	implementation of the mobility fee, activities necessary to
1006	implement the fee, and potential costs and benefits at the state
1007	and local levels and to the private sector.
1008	Section 14.  (1)  Except as provided in subsection (4), and
1009	in recognition of 2009 real estate market conditions, any permit
1010	issued by the Department of Environmental Protection or a water
1011	management district pursuant to part IV of chapter 373, Florida
1012	Statutes, that has an expiration date of September 1, 2008,
1013	through January 1, 2012, is extended and renewed for a period of
1014	2 years following its date of expiration. This extension
1015	includes any local government-issued development order or
1016	building permit. The 2-year extension also applies to build out
1017	dates including any build out date extension previously granted
1018	under s. 380.06(19)(c), Florida Statutes. This section shall not
1019	be construed to prohibit conversion from the construction phase
1020	to the operation phase upon completion of construction.
1021	(2)  The commencement and completion dates for any required
1022	mitigation associated with a phased construction project shall
1023	be extended such that mitigation takes place in the same
1024	timeframe relative to the phase as originally permitted.
1025	(3)  The holder of a valid permit or other authorization
1026	that is eligible for the 2-year extension shall notify the
1027	authorizing agency in writing no later than December 31, 2009,
1028	identifying the specific authorization for which the holder
1029	intends to use the extension and the anticipated timeframe for
1030	acting on the authorization.
1031	(4)  The extension provided for in subsection (1) does not
1032	apply to:
1033	(a)  A permit or other authorization under any programmatic
1034	or regional general permit issued by the Army Corps of
1035	Engineers.
1036	(b)  A permit or other authorization held by an owner or
1037	operator determined to be in significant noncompliance with the
1038	conditions of the permit or authorization as established through
1039	the issuance of a warning letter or notice of violation, the
1040	initiation of formal enforcement, or other equivalent action by
1041	the authorizing agency.
1042	(c)  A permit or other authorization, if granted an
1043	extension, that would delay or prevent compliance with a court
1044	order.
1045	(5)  Permits extended under this section shall continue to
1046	be governed by rules in effect at the time the permit was
1047	issued, except when it can be demonstrated that the rules in
1048	effect at the time the permit was issued would create an
1049	immediate threat to public safety or health. This provision
1050	shall apply to any modification of the plans, terms, and
1051	conditions of the permit that lessens the environmental impact,
1052	except that any such modification shall not extend the time
1053	limit beyond 2 additional years.
1054	(6)  Nothing in this section shall impair the authority of
1055	a county or municipality to require the owner of a property,
1056	that has notified the county or municipality of the owner's
1057	intention to receive the extension of time granted by this
1058	section, to maintain and secure the property in a safe and
1059	sanitary condition in compliance with applicable laws and
1060	ordinances.
1061	Section 34.  The Legislature finds that this act fulfills
1062	an important state interest.
1063	Section 13.  The Legislature finds that this act fulfills
1064	an important state interest.
1065	Section 14.  This act shall take effect upon becoming a
1066	law, and those portions of this act which were amended or
1067	created by chapter 2009-96, Laws of Florida, shall operate
1068	retroactively to June 1, 2009. If such retroactive application
1069	is held by a court of last resort to be unconstitutional, this
1070	act shall apply prospectively from the date that this act
1071	becomes a law.

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