Bill Text: FL S1122 | 2011 | Regular Session | Comm Sub
Bill Title: Growth Management
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-06 - Read 3rd time -SJ 1025 [S1122 Detail]
Download: Florida-2011-S1122-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 1122 By the Committees on Environmental Preservation and Conservation; and Community Affairs; and Senator Bennett 592-04580A-11 20111122c2 1 A bill to be entitled 2 An act relating to growth management; amending s. 3 163.3161, F.S.; redesignating the “Local Government 4 Comprehensive Planning and Land Development Regulation 5 Act” as the “Community Planning Act”; revising and 6 providing intent and purpose of act; amending 7 163.3162, F.S.; revising provisions related to 8 agricultural enclaves; amending s. 163.3164, F.S.; 9 revising definitions; amending s. 163.3167, F.S.; 10 revising the scope of the act; revising and providing 11 duties of local governments and municipalities 12 relating to comprehensive plans; removing regional 13 planning agencies from the responsibility of preparing 14 comprehensive plans; prohibiting initiative or 15 referendum processes in regard to development orders, 16 local comprehensive plan amendments, and map 17 amendments; prohibiting local governments from 18 requiring a super majority vote on comprehensive plan 19 amendments; deleting retroactive effect; creating s. 20 163.3168, F.S.; encouraging local governments to apply 21 for certain innovative planning tools; authorizing the 22 state land planning agency and other appropriate state 23 and regional agencies to use direct and indirect 24 technical assistance; amending s. 163.3171, F.S.; 25 providing legislative intent; amending s. 163.3174, 26 F.S.; deleting certain notice requirements relating to 27 the establishment of local planning agencies by a 28 governing body; amending s. 163.3175, F.S.; providing 29 additional factors for local government consideration 30 in impacts to military installations; clarifying 31 requirements for adopting criteria to address 32 compatibility of lands relating to military 33 installations; amending s. 163.3177, F.S.; revising 34 and providing duties of local governments; revising 35 and providing required and optional elements of 36 comprehensive plans; revising requirements of 37 schedules of capital improvements; revising and 38 providing provisions relating to capital improvements 39 elements; revising and providing required sanitary 40 sewer, solid waste, drainage, potable water, and 41 natural groundwater aquifer recharge elements; 42 revising and providing required conservation elements; 43 revising and providing required housing elements; 44 revising and providing required coastal management 45 elements; revising major objectives of, and procedures 46 relating to, the local comprehensive planning process; 47 revising and providing required and optional elements 48 of future land use plans; providing required 49 transportation elements; revising and providing 50 required conservation elements; revising and providing 51 required housing elements; revising and providing 52 required coastal management elements; revising and 53 providing required intergovernmental coordination 54 elements; amending s. 163.31777, F.S.; revising 55 requirements relating to public schools’ interlocal 56 agreements; deleting duties of the Office of 57 Educational Facilities, the state land planning 58 agency, and local governments relating to such 59 agreements; deleting an exemption; amending s. 60 163.3178, F.S.; deleting a deadline for local 61 governments to amend coastal management elements and 62 future land use maps; amending s. 163.3180, F.S.; 63 revising and providing provisions relating to 64 concurrency; revising concurrency requirements; 65 revising application and findings; revising local 66 government requirements; revising and providing 67 requirements relating to transportation concurrency, 68 transportation concurrency exception areas, urban 69 infill, urban redevelopment, urban service, downtown 70 revitalization areas, transportation concurrency 71 management areas, long-term transportation and school 72 concurrency management systems, development of 73 regional impact, school concurrency, service areas, 74 financial feasibility, interlocal agreements, and 75 multimodal transportation districts; revising duties 76 of the Office of Program Policy Analysis and 77 Government Accountability and the state land planning 78 agency; providing requirements for local plans; 79 providing for the limiting the liability of local 80 governments under certain conditions; reenacting s. 81 163.31801(5), F.S., and amending s. 163.31801, F.S.; 82 prohibiting new impact fees by local governments for a 83 specified period of time; amending s. 163.3182, F.S.; 84 revising definitions; revising provisions relating to 85 transportation sufficiency plans and projects; 86 amending s. 163.3184, F.S.; providing a definition for 87 “reviewing agencies”; amending the definition of “in 88 compliance”; removing references to procedural rules 89 established by the state land planning agency; 90 deleting provisions relating to community vision and 91 urban boundary plan amendments, urban infill and 92 redevelopment plan amendments, and housing incentive 93 strategy plan amendments; amending s. 163.3187, F.S.; 94 deleting provisions relating to the amendment of 95 adopted comprehensive plan and providing the process 96 for adoption of small-scale comprehensive plan 97 amendments; amending s. 163.3191, F.S., relating to 98 the evaluation and appraisal of comprehensive plans; 99 providing and revising local government requirements 100 including notice, amendments, compliance, mediation, 101 reports, and scoping meetings; amending s. 163.3194, 102 F.S.; regulating development orders for signs 103 authorized by s. 479.07, F.S.; providing definitions; 104 amending s. 163.3235, F.S.; revising requirements for 105 periodic reviews of a development agreements; amending 106 s. 163.3239, F.S.; revising recording requirements; 107 amending s. 163.3243, F.S.; revising parties who may 108 file an action for injunctive relief; amending s. 109 163.3245, F.S.; revising provisions relating to 110 optional sector plans; authorizing the adoption of 111 sector plans under certain circumstances; amending s. 112 163.3247, F.S.; revising provisions relating to the 113 Century Commission for a Sustainable Florida; revising 114 the findings and intent to include the necessity for a 115 specific strategic plan addressing the state’s growth 116 management system; revising the planning timeframes to 117 include a 10-year horizon; revising membership of the 118 commission; deleting obsolete provisions regarding 119 initial appointments; providing for the election of a 120 chair and excluding certain members from serving as 121 chair during a specified period; requiring that the 122 commission meet at least six times per fiscal year; 123 deleting a provision that requires the commission to 124 meet in different regions in the state; requiring that 125 the executive director establish a meeting calendar 126 with the commission’s approval; authorizing the 127 commission to form subcommittees by vote; providing 128 for a majority vote of members on commission actions; 129 providing for reimbursement for per diem and travel 130 expenses; revising provisions relating to the 131 commission’s powers and duties; requiring that the 132 commission, in cooperation with interested state 133 agencies, local governments, and nongovernmental 134 stakeholders, develop a strategic plan and submit the 135 plan to the Governor and the Legislature by a 136 specified date; requiring that the commission also 137 submit progress reports by specified dates; requiring 138 that the commission make presentations to the Governor 139 and the Legislature; providing that an executive 140 director be appointed by the Secretary of Community 141 Affairs and ratified by the commission; requiring that 142 the Department of Community Affairs provide a specific 143 line item in its annual legislative budget request to 144 fund the commission during a specified period; 145 authorizing the department to obtain additional 146 funding through external grants; requiring that the 147 department provide sufficient funding and staff 148 support to assist the commission in its duties; 149 providing for future expiration and the abolishment of 150 the commission; creating s. 163.3248, F.S.; providing 151 for the designation of rural land stewardship areas; 152 providing purposes and requirements for the 153 establishment of such areas; providing for the 154 creation of rural land stewardship overlay zoning 155 district and transferable rural land use credits; 156 providing certain limitations relating to such 157 credits; providing for incentives; providing 158 legislative intent; amending s. 163.32465, F.S.; 159 revising legislative findings related to local 160 government comprehensive planning; revising the 161 process for amending a comprehensive plan; making the 162 expedited review process applicable statewide and 163 removing its status as a pilot program; revising the 164 process and requirements for expedited review of plan 165 amendments; amending s. 186.504, F.S.; revising 166 membership requirements of regional planning councils; 167 amending s. 367.021, F.S.; providing definitions for 168 the terms “large landowner” and “need”; amending s. 169 380.06, F.S.; revising exemptions; revising provisions 170 to conform to changes made by this act; repealing 171 rules 9J-5 and 9J-11.023, Florida Administrative Code, 172 relating to minimum criteria for review of local 173 government comprehensive plans and plan amendments, 174 evaluation and appraisal reports, land development 175 regulations, and determinations of compliance; 176 amending s. 380.0685, F.S.; revising the uses of the 177 park admission surcharge; amending ss. 70.51, 163.06, 178 163.2517, 163.3217, 163.3220, 163.3221, 163.3229, 179 163.360, 163.516, 171.203, 186.513, 186.515, 189.415, 180 190.004, 190.005, 193.501, 287.042, 288.063, 288.975, 181 290.0475, 311.07, 331.319, 339.155, 339.2819, 369.303, 182 369.321, 378.021, 380.031, 380.061, 380.065, 380.115, 183 403.50665, 420.9071, 403.973, 420.5095, 420.615, 184 420.9071, 420.9076, 720.403, 1013.30, and 1013.33, 185 F.S.; making conforming changes; repealing 186 administrative rules; expanding a permit extension; 187 providing a finding of important state interest; 188 requiring the state land planning agency to review 189 certain administrative and judicial proceedings; 190 providing procedures for such review; affirming 191 statutory construction with respect to other 192 legislation passed at the same session; providing a 193 directive of the Division of Statutory Revision; 194 providing effective dates. 195 196 Be It Enacted by the Legislature of the State of Florida: 197 198 Section 1. Subsection (26) of section 70.51, Florida 199 Statutes, is amended to read: 200 70.51 Land use and environmental dispute resolution.— 201 (26) A special magistrate’s recommendation under this 202 section constitutes data in support of, and a support document 203 for, a comprehensive plan or comprehensive plan amendment, but 204 is not, in and of itself, dispositive of a determination of 205 compliance with chapter 163.Any comprehensive plan amendment206necessary to carry out the approved recommendation of a special207magistrate under this section is exempt from the twice-a-year208limit on plan amendments and may be adopted by the local209government amendments in s.163.3184(16)(d).210 Section 2. Paragraphs (h) through (l) of subsection (3) of 211 section 163.06, Florida Statutes, are redesignated as paragraphs 212 (g) through (k), respectively, and present paragraph (g) of that 213 subsection is amended to read: 214 163.06 Miami River Commission.— 215 (3) The policy committee shall have the following powers 216 and duties: 217(g) Coordinate a joint planning area agreement between the218Department of Community Affairs, the city, and the county under219the provisions of s.163.3177(11)(a), (b), and (c).220 Section 3. Subsection (4) of section 163.2517, Florida 221 Statutes, is amended to read: 222 163.2517 Designation of urban infill and redevelopment 223 area.— 224 (4) In order for a local government to designate an urban 225 infill and redevelopment area, it must amend its comprehensive 226 land use plan under s. 163.3187 to delineate the boundaries of 227 the urban infill and redevelopment area within the future land 228 use element of its comprehensive plan pursuant to its adopted 229 urban infill and redevelopment plan. The state land planning 230 agency shall review the boundary delineation of the urban infill 231 and redevelopment area in the future land use element under s. 232 163.3184. However, an urban infill and redevelopment plan 233 adopted by a local government is not subject to review for 234 compliance as defined by s. 163.3184(1)(b), and the local 235 government is not required to adopt the plan as a comprehensive 236 plan amendment.An amendment to the local comprehensive plan to237designate an urban infill and redevelopment area is exempt from238the twice-a-year amendment limitation of s.163.3187.239 Section 4. Section 163.3161, Florida Statutes, is amended 240 to read: 241 163.3161 Short title; intent and purpose.— 242 (1) This partshall be known andmay be cited as the 243 “CommunityLocal Government ComprehensivePlanningand Land244Development RegulationAct.” 245 (2)In conformity with, and in furtherance of, the purpose246of the Florida Environmental Land and Water Management Act of2471972, chapter 380,It is the purpose of this act to utilize and 248 strengthen the existing role, processes, and powers of local 249 governments in the establishment and implementation of 250 comprehensive planning programs to guide and managecontrol251 future development consistent with the proper role of local 252 government. 253 (3) It is the intent of this act to focus the state role in 254 managing growth under this act to protecting the functions of 255 important state resources and facilities. 256 (4)(3)It is the intent of this act that the ability ofits257adoption is necessary so thatlocal governments tocanpreserve 258 and enhance present advantages; encourage the most appropriate 259 use of land, water, and resources, consistent with the public 260 interest; overcome present handicaps; and deal effectively with 261 future problems that may result from the use and development of 262 land within their jurisdictions. Through the process of 263 comprehensive planning, it is intended that units of local 264 government can preserve, promote, protect, and improve the 265 public health, safety, comfort, good order, appearance, 266 convenience, law enforcement and fire prevention, and general 267 welfare;prevent the overcrowding of land and avoid undue268concentration of population;facilitate the adequate and 269 efficient provision of transportation, water, sewerage, schools, 270 parks, recreational facilities, housing, and other requirements 271 and services; and conserve, develop, utilize, and protect 272 natural resources within their jurisdictions. 273 (5)(4)It is the intent of this act to encourage and ensure 274assurecooperation between and among municipalities and counties 275 and to encourage and assure coordination of planning and 276 development activities of units of local government with the 277 planning activities of regional agencies and state government in 278 accord with applicable provisions of law. 279 (6)(5)It is the intent of this act that adopted 280 comprehensive plans shall have the legal status set out in this 281 act and that no public or private development shall be permitted 282 except in conformity with comprehensive plans, or elements or 283 portions thereof, prepared and adopted in conformity with this 284 act. 285 (7)(6)It is the intent of this act that the activities of 286 units of local government in the preparation and adoption of 287 comprehensive plans, or elements or portions therefor, shall be 288 conducted in conformity with the provisions of this act. 289 (8)(7)The provisions of this act in their interpretation 290 and application are declared to be the minimum requirements 291 necessary to accomplish the stated intent, purposes, and 292 objectives of this act; to protect human, environmental, social, 293 and economic resources; and to maintain, through orderly growth 294 and development, the character and stability of present and 295 future land use and development in this state. 296 (9)(8)It is the intent of the Legislature that the repeal 297 of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws 298 of Florida, and amendments to this part by this chapter law, 299 shall not be interpreted to limit or restrict the powers of 300 municipal or county officials, but shall be interpreted as a 301 recognition of their broad statutory and constitutional powers 302 to plan for and regulate the use of land. It is, further, the 303 intent of the Legislature to reconfirm that ss. 163.3161 through 304 163.3248163.3215have provided and do provide the necessary 305 statutory direction and basis for municipal and county officials 306 to carry out their comprehensive planning and land development 307 regulation powers, duties, and responsibilities. 308 (10)(9)It is the intent of the Legislature that all 309 governmental entities in this state recognize and respect 310 judicially acknowledged or constitutionally protected private 311 property rights. It is the intent of the Legislature that all 312 rules, ordinances, regulations, and programs adopted under the 313 authority of this act must be developed, promulgated, 314 implemented, and applied with sensitivity for private property 315 rights and not be unduly restrictive, and property owners must 316 be free from actions by others which would harm their property. 317 Full and just compensation or other appropriate relief must be 318 provided to any property owner for a governmental action that is 319 determined to be an invalid exercise of the police power which 320 constitutes a taking, as provided by law. Any such relief must 321 be determined in a judicial action. 322 (11) It is the intent of this part that the traditional 323 economic base of this state, agriculture, tourism, and military 324 presence, be recognized and protected. Further, it is the intent 325 of this part to encourage economic diversification, workforce 326 development, and community planning. 327 (12) It is the intent of this part that new statutory 328 requirements created by the Legislature will not require a local 329 government whose plan has been found to be in compliance with 330 this part to adopt amendments implementing the new statutory 331 requirements until the evaluation and appraisal period provided 332 in s. 163.3191, unless otherwise specified in law. However, any 333 new amendments must comply with the requirements of this part. 334 Section 5. Subsections (2) through (5) of section 163.3162, 335 Florida Statutes, are renumbered as subsections (1) through (4), 336 respectively, and present subsections (1) and (5) of that 337 section are amended to read: 338 163.3162 Agricultural Lands and PracticesAct.— 339(1) SHORT TITLE.—This section may be cited as the340“Agricultural Lands and Practices Act.”341 (4)(5)AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN. 342 The owner of a parcel of land defined as an agricultural enclave 343 under s. 163.3164(33)may apply for an amendment to the local 344 government comprehensive plan pursuant to s. 163.3184163.3187. 345 Such amendment is presumed not to be urban sprawl as defined in 346 s. 163.3164 if it includesconsistent with rule 9J-5.006(5),347Florida Administrative Code, and may includeland uses and 348 intensities of use that are consistent with the uses and 349 intensities of useofexisting or authorized for the industrial, 350 commercial, or residential areas that surround the parcel. This 351 presumption may be rebutted only by clear and convincing 352 evidence. Each application for a comprehensive plan amendment 353 under this subsection for a parcel larger than 640 acres must 354 include appropriate new urbanism concepts such as clustering, 355 mixed-use development, the creation of rural village and city 356 centers, and the transfer of development rights in order to 357 discourage urban sprawl while protecting landowner rights. 358 (a) Unless the parcel of land that is the subject of an 359 application for an amendment is abutted by only one land use 360 designation the local government and the land ownerof a parcel361of land that is the subject of an application for an amendment362 shall have 180 days following the date that the local government 363 receives a complete application to negotiate in good faith to 364 reach consensus on the land uses and intensities of use that are 365 consistent with the uses and intensities of use of the 366 industrial, commercial, or residential areas that surround the 367 parcel. Within 30 days after the local government’s receipt of 368 such an application, the local government and owner must agree 369 in writing to a schedule for information submittal, public 370 hearings, negotiations, and final action on the amendment, which 371 schedule may thereafter be altered only with the written consent 372 of the local government and the owner. Compliance with the 373 schedule in the written agreement constitutes good faith 374 negotiations for purposes of paragraph (c). If the parcel is 375 abutted by only one land use designation, it shall be presumed 376 that the same land use designation is appropriate for the parcel 377 and no negotiation is required. 378 (b) Upon conclusion of good faith negotiations under 379 paragraph (a), if such negotiations are required, and regardless 380 of whether the local government and owner reach consensus on the 381 land uses and intensities of use that are consistent with the 382 uses and intensities of use of the industrial, commercial, or 383 residential areas that surround the parcel, the amendment must 384 be transmitted to the state land planning agency for review 385 pursuant to s. 163.3184. If the local government fails to 386 transmit the amendment within 180 days after receipt of a 387 complete application, the amendment must be immediately 388 transferred to the state land planning agency for such reviewat389the first available transmittal cycle. A plan amendment 390 transmitted to the state land planning agency submitted under 391 this subsection is presumed not to be urban sprawl as defined in 392 s. 163.3164consistent with rule 9J-5.006(5), Florida393Administrative Code. This presumption may be rebutted only by 394 clear and convincing evidence. 395 (c) If the owner fails to negotiate in good faith, a plan 396 amendment submitted under this subsection is not entitled to the 397 rebuttable presumption under this subsection in the negotiation 398 and amendment process. 399 (d) Nothing within this subsection relating to agricultural 400 enclaves shall preempt or replace any protection currently 401 existing for any property located within the boundaries of the 402 following areas: 403 1. The Wekiva Study Area, as described in s. 369.316; or 404 2. The Everglades Protection Area, as defined in s. 405 373.4592(2). 406 Section 6. Section 163.3164, Florida Statutes, is reordered 407 and amended to read: 408 163.3164 CommunityLocal Government ComprehensivePlanning 409and Land Development RegulationAct; definitions.—As used in 410 this act, the term: 411 (1) “Adaptation action area” or “adaptation area” means a 412 designation in the coastal management element of a local 413 government’s comprehensive plan which identifies one or more 414 areas that experience coastal flooding due to extreme high tides 415 and storm surge, and that are vulnerable to the related impacts 416 of rising sea levels for the purpose of prioritizing funding for 417 infrastructure needs and adaptation planning. 418 (2)(1)“Administration Commission” means the Governor and 419 the Cabinet, and for purposes of this chapter the commission 420 shall act on a simple majority vote, except that for purposes of 421 imposing the sanctions provided in s. 163.3184(11), affirmative 422 action shall require the approval of the Governor and at least 423 three other members of the commission. 424 (3) “Affordable housing” has the same meaning as in s. 425 420.0004(3). 426 (5) “Antiquated subdivision” means a subdivision that was 427 recorded or approved more than 20 years ago and that has 428 substantially failed to be built and the continued buildout of 429 the subdivision in accordance with the subdivision’s zoning and 430 land use purposes would cause an imbalance of land uses and 431 would be detrimental to the local and regional economies and 432 environment, hinder current planning practices, and lead to 433 inefficient and fiscally irresponsible development patterns as 434 determined by the respective jurisdiction in which the 435 subdivision is located. 436 (6)(2)“Area” or “area of jurisdiction” means the total 437 area qualifying under the provisions of this act, whether this 438 be all of the lands lying within the limits of an incorporated 439 municipality, lands in and adjacent to incorporated 440 municipalities, all unincorporated lands within a county, or 441 areas comprising combinations of the lands in incorporated 442 municipalities and unincorporated areas of counties. 443 (7) “Capital improvement” means physical assets constructed 444 or purchased to provide, improve, or replace a public facility 445 and which are typically large scale and high in cost. The cost 446 of a capital improvement is generally nonrecurring and may 447 require multiyear financing. For the purposes of this part, 448 physical assets that have been identified as existing or 449 projected needs in the individual comprehensive plan elements 450 shall be considered capital improvements. 451 (8)(3)“Coastal area” means the 35 coastal counties and all 452 coastal municipalities within their boundariesdesignated453coastal by the state land planning agency. 454 (9) “Compatibility” means a condition in which land uses or 455 conditions can coexist in relative proximity to each other in a 456 stable fashion over time such that no use or condition is unduly 457 negatively impacted directly or indirectly by another use or 458 condition. 459 (10)(4)“Comprehensive plan” means a plan that meets the 460 requirements of ss. 163.3177 and 163.3178. 461 (11) “Deepwater ports” means the ports identified in s. 462 403.021(9). 463 (12) “Density” means an objective measurement of the number 464 of people or residential units allowed per unit of land, such as 465 residents or employees per acre. 466 (13)(5)“Developer” means any person, including a 467 governmental agency, undertaking any development as defined in 468 this act. 469 (14)(6)“Development” has the same meaning asgiven itin 470 s. 380.04. 471 (15)(7)“Development order” means any order granting, 472 denying, or granting with conditions an application for a 473 development permit. 474 (16)(8)“Development permit” includes any building permit, 475 zoning permit, subdivision approval, rezoning, certification, 476 special exception, variance, or any other official action of 477 local government having the effect of permitting the development 478 of land. 479 (18) “Floodprone areas” means areas inundated during a 100 480 year flood event or areas identified by the National Flood 481 Insurance Program as an A Zone on flood insurance rate maps or 482 flood hazard boundary maps. 483 (19) “Goal” means the long-term end toward which programs 484 or activities are ultimately directed. 485 (20)(9)“Governing body” means the board of county 486 commissioners of a county, the commission or council of an 487 incorporated municipality, or any other chief governing body of 488 a unit of local government, however designated, or the 489 combination of such bodies where joint utilization of the 490 provisions of this act is accomplished as provided herein. 491 (21)(10)“Governmental agency” means: 492 (a) The United States or any department, commission, 493 agency, or other instrumentality thereof. 494 (b) This state or any department, commission, agency, or 495 other instrumentality thereof. 496 (c) Any local government, as defined in this section, or 497 any department, commission, agency, or other instrumentality 498 thereof. 499 (d) Any school board or other special district, authority, 500 or governmental entity. 501 (22) “Intensity” means an objective measurement of the 502 extent to which land may be developed or used, including the 503 consumption or use of the space above, on, or below ground; the 504 measurement of the use of or demand on natural resources; and 505 the measurement of the use of or demand on facilities and 506 services. 507 (23) “Internal trip capture” means trips generated by a 508 mixed-use project which travel from one on-site land use to 509 another on-site land use without using the external road 510 network. 511 (24)(11)“Land” means the earth, water, and air, above, 512 below, or on the surface, and includes any improvements or 513 structures customarily regarded as land. 514 (27)(12)“Land use” means the development that has occurred 515 on the land, the development that is proposed by a developer on 516 the land, or the use that is permitted or permissible on the 517 land under an adopted comprehensive plan or element or portion 518 thereof, land development regulations, or a land development 519 code, as the context may indicate. 520 (28) “Level of service” means an indicator of the extent or 521 degree of service provided by, or proposed to be provided by, a 522 facility based on and related to the operational characteristics 523 of the facility. Level of service shall indicate the capacity 524 per unit of demand for each public facility. 525 (29)(13)“Local government” means any county or 526 municipality. 527 (30)(14)“Local planning agency” means the agency 528 designated to prepare the comprehensive plan or plan amendments 529 required by this act. 530 (31) “Mobility plan” means an integrated land use and 531 transportation plan that promotes compact, mixed-use, and 532 interconnected development served by a multimodal transportation 533 system that includes roads, bicycle and pedestrian facilities, 534 and, where feasible and appropriate, frequent transit and rail 535 service, to provide individuals with viable transportation 536 options without sole reliance upon a motor vehicle for personal 537 mobility. 538 (32)(15)A“Newspaper of general circulation” means a 539 newspaper published at least on a weekly basis and printed in 540 the language most commonly spoken in the area within which it 541 circulates, but does not include a newspaper intended primarily 542 for members of a particular professional or occupational group, 543 a newspaper whose primary function is to carry legal notices, or 544 a newspaper that is given away primarily to distribute 545 advertising. 546 (33) “New town” means an urban activity center and 547 community designated on the future land use map of sufficient 548 size, population and land use composition to support a variety 549 of economic and social activities consistent with an urban area 550 designation. New towns shall include basic economic activities; 551 all major land use categories, with the possible exception of 552 agricultural and industrial; and a centrally provided full range 553 of public facilities and services that demonstrate internal trip 554 capture. A new town shall be based on a master development plan. 555 (34) “Objective” means a specific, measurable, intermediate 556 end that is achievable and marks progress toward a goal. 557 (35)(16)“Parcel of land” means any quantity of land 558 capable of being described with such definiteness that its 559 locations and boundaries may be established, which is designated 560 by its owner or developer as land to be used, or developed as, a 561 unit or which has been used or developed as a unit. 562 (36)(17)“Person” means an individual, corporation, 563 governmental agency, business trust, estate, trust, partnership, 564 association, two or more persons having a joint or common 565 interest, or any other legal entity. 566 (39) “Policy” means the way in which programs and 567 activities are conducted to achieve an identified goal. 568 (40)(18)“Public notice” means notice as required by s. 569 125.66(2) for a county or by s. 166.041(3)(a) for a 570 municipality. The public notice procedures required in this part 571 are established as minimum public notice procedures. 572 (41)(19)“Regional planning agency” means the council 573 created pursuant to chapter 186agency designated by the state574land planning agency to exercise responsibilities under law in a575particular region of the state. 576 (42) “Seasonal population” means part-time inhabitants who 577 use, or may be expected to use, public facilities or services, 578 but are not residents and includes tourists, migrant 579 farmworkers, and other short-term and long-term visitors. 580 (44)(20)“State land planning agency” means the Department 581 of Community Affairs. 582 (45)(21)“Structure” has the same meaning as ingiven it by583 s. 380.031(19). 584 (46) “Suitability” means the degree to which the existing 585 characteristics and limitations of land and water are compatible 586 with a proposed use or development. 587 (47) “Transit-oriented development” means a project or 588 projects, in areas identified in a local government 589 comprehensive plan, which are or will be served by existing or 590 planned transit service. These designated areas shall be 591 compact, moderate to high density developments, of mixed-use 592 character, interconnected with other land uses, bicycle and 593 pedestrian friendly, and designed to support frequent transit 594 service operating through, collectively or separately, rail, 595 fixed guideway, streetcar, or bus systems on dedicated 596 facilities or available roadway connections. 597 (25)(22)“Land development regulation commission” means a 598 commission designated by a local government to develop and 599 recommend, to the local governing body, land development 600 regulations thatwhichimplement the adopted comprehensive plan 601 and to review land development regulations, or amendments 602 thereto, for consistency with the adopted plan and report to the 603 governing body regarding its findings. The responsibilities of 604 the land development regulation commission may be performed by 605 the local planning agency. 606 (26)(23)“Land development regulations” means ordinances 607 enacted by governing bodies for the regulation of any aspect of 608 development and includes any local government zoning, rezoning, 609 subdivision, building construction, or sign regulations or any 610 other regulations controlling the development of land, except 611 that this definition shall not apply in s. 163.3213. 612 (39)(24)“Public facilities” means major capital 613 improvements, including, but not limited to,transportation, 614 sanitary sewer, solid waste, drainage, potable water, 615 educational, parks and recreational, and health systems and616 facilities, and spoil disposal sites for maintenance dredging617located in the intracoastal waterways, except for spoil disposal618sites owned or used by ports listed in s.403.021(9)(b). 619 (17)(25)“Downtown revitalization” means the physical and 620 economic renewal of a central business district of a community 621 as designated by local government, and includes both downtown 622 development and redevelopment. 623 (50)(26)“Urban redevelopment” means demolition and 624 reconstruction or substantial renovation of existing buildings 625 or infrastructure within urban infill areas, existing urban 626 service areas, or community redevelopment areas created pursuant 627 to part III. 628 (49)(27)“Urban infill” means the development of vacant 629 parcels in otherwise built-up areas where public facilities such 630 as sewer systems, roads, schools, and recreation areas are 631 already in place and the average residential density is at least 632 five dwelling units per acre, the average nonresidential 633 intensity is at least a floor area ratio of 1.0 and vacant, 634 developable land does not constitute more than 10 percent of the 635 area. 636 (38)(28)“Projects that promote public transportation” 637 means projects that directly affect the provisions of public 638 transit, including transit terminals, transit lines and routes, 639 separate lanes for the exclusive use of public transit services, 640 transit stops (shelters and stations), office buildings or 641 projects that include fixed-rail or transit terminals as part of 642 the building, and projects thatwhichare transit oriented and 643 designed to complement reasonably proximate planned or existing 644 public facilities. 645 (51)(29)“Urban service area” meansbuilt-upareas 646 identified in the comprehensive plan where public facilities and 647 services, including, but not limited to, central water and sewer 648 capacity and roads, are already in place or are identified in 649 the capital improvements element. Urban service area includes 650 any areas identified in the comprehensive plan as urban service 651 areas, regardless of local government limitation.committed in652the first 3 years of the capital improvement schedule. In653addition, for counties that qualify as dense urban land areas654under subsection (34), the nonrural area of a county which has655adopted into the county charter a rural area designation or656areas identified in the comprehensive plan as urban service657areas or urban growth boundaries on or before July 1, 2009, are658also urban service areas under this definition.659 (52) “Urban sprawl” means a development pattern 660 characterized by low density, automobile-dependent development 661 with either a single use or multiple uses that are not 662 functionally related, requiring the extension of public 663 facilities and services in an inefficient manner, and failing to 664 provide a clear separation between urban and rural uses. 665 (48)(30)“Transportation corridor management” means the 666 coordination of the planning of designated future transportation 667 corridors with land use planning within and adjacent to the 668 corridor to promote orderly growth, to meet the concurrency 669 requirements of this chapter, and to maintain the integrity of 670 the corridor for transportation purposes. 671 (43)(31)“OptionalSector plan” means thean optional672 process authorized by s. 163.3245 in which one or more local 673 governments engage in long-term planning for a large area andby674agreement with the state land planning agency are allowed to675 address regionaldevelopment-of-regional-impactissues through 676 adoption of detailed specific area plans within the planning 677 areawithin certain designated geographic areas identified in678the local comprehensive planas a means of fostering innovative 679 planning and development strategiesin s.163.3177(11)(a) and680(b), furthering the purposes of this part and part I of chapter 681 380, reducing overlapping data and analysis requirements, 682 protecting regionally significant resources and facilities, and 683 addressing extrajurisdictional impacts. “Sector plan” includes 684 an optional sector plan that was adopted pursuant to the 685 Optional Sector Plan Pilot Program. 686(32) “Financial feasibility” means that sufficient revenues687are currently available or will be available from committed688funding sources for the first 3 years, or will be available from689committed or planned funding sources for years 4 and 5, of a 5690year capital improvement schedule for financing capital691improvements, such as ad valorem taxes, bonds, state and federal692funds, tax revenues, impact fees, and developer contributions,693which are adequate to fund the projected costs of the capital694improvements identified in the comprehensive plan necessary to695ensure that adopted level-of-service standards are achieved and696maintained within the period covered by the 5-year schedule of697capital improvements. A comprehensive plan shall be deemed698financially feasible for transportation and school facilities699throughout the planning period addressed by the capital700improvements schedule if it can be demonstrated that the level701of-service standards will be achieved and maintained by the end702of the planning period even if in a particular year such703improvements are not concurrent as required by s.163.3180.704 (4)(33)“Agricultural enclave” means an unincorporated, 705 undeveloped parcel that: 706 (a) Is owned by a single person or entity; 707 (b) Has been in continuous use for bona fide agricultural 708 purposes, as defined by s. 193.461, for a period of 5 years 709 prior to the date of any comprehensive plan amendment 710 application; 711 (c)1. Is surrounded on at least 75 percent of its perimeter 712 by: 713 a.1.Property that has existing industrial, commercial, or 714 residential development; or 715 b.2.Property that the local government has designated, in 716 the local government’s comprehensive plan, zoning map, and 717 future land use map, as land that is to be developed for 718 industrial, commercial, or residential purposes, and at least 75 719 percent of such property is existing industrial, commercial, or 720 residential development; or 721 2. Is surrounded on at least 90 percent of its perimeter by 722 property that the local government has designated in the local 723 government’s comprehensive plan and future land use map as land 724 that is to be developed for industrial, commercial, or 725 residential purposes; or 726 3. Is surrounded by existing or authorized residential 727 development that will result in a density at buildout of at 728 least 1,000 residents per square mile. 729 (d) Has public services, including water, wastewater, 730 transportation, schools, and recreation facilities, available or 731 such public services are scheduled in the capital improvement 732 element to be provided by the local government or can be 733 provided by an alternative provider of local government 734 infrastructure in order to ensure consistency with applicable 735 concurrency provisions of s. 163.3180; and 736 (e) Does not exceed 1,280 acres; however, if the property 737 meets the criteria in subparagraph (c)3.is surrounded by738existing or authorized residential development that will result739in a density at buildout of at least 1,000 residents per square740mile, then the area shall be determined to be urban and the 741 parcel may not exceed 4,480 acres. 742(34) “Dense urban land area” means:743(a) A municipality that has an average of at least 1,000744people per square mile of land area and a minimum total745population of at least 5,000;746(b) A county, including the municipalities located therein,747which has an average of at least 1,000 people per square mile of748land area; or749(c) A county, including the municipalities located therein,750which has a population of at least 1 million.751 752The Office of Economic and Demographic Research within the753Legislature shall annually calculate the population and density754criteria needed to determine which jurisdictions qualify as755dense urban land areas by using the most recent land area data756from the decennial census conducted by the Bureau of the Census757of the United States Department of Commerce and the latest758available population estimates determined pursuant to s.759186.901. If any local government has had an annexation,760contraction, or new incorporation, the Office of Economic and761Demographic Research shall determine the population density762using the new jurisdictional boundaries as recorded in763accordance with s.171.091. The Office of Economic and764Demographic Research shall submit to the state land planning765agency a list of jurisdictions that meet the total population766and density criteria necessary for designation as a dense urban767land area by July 1, 2009, and every year thereafter. The state768land planning agency shall publish the list of jurisdictions on769its Internet website within 7 days after the list is received.770The designation of jurisdictions that qualify or do not qualify771as a dense urban land area is effective upon publication on the772state land planning agency’s Internet website.773 Section 7. Section 163.3167, Florida Statutes, is amended 774 to read: 775 163.3167 Scope of act.— 776 (1) The several incorporated municipalities and counties 777 shall have power and responsibility: 778 (a) To plan for their future development and growth. 779 (b) To adopt and amend comprehensive plans, or elements or 780 portions thereof, to guide their future development and growth. 781 (c) To implement adopted or amended comprehensive plans by 782 the adoption of appropriate land development regulations or 783 elements thereof. 784 (d) To establish, support, and maintain administrative 785 instruments and procedures to carry out the provisions and 786 purposes of this act. 787 788 The powers and authority set out in this act may be employed by 789 municipalities and counties individually or jointly by mutual 790 agreement in accord with the provisions of this act and in such 791 combinations as their common interests may dictate and require. 792 (2) Each local government shall maintainpreparea 793 comprehensive plan of the type and in the manner set out in this 794 part or prepare amendments to its existing comprehensive plan to 795 conform it to the requirements of this part and in the manner 796 set out in this part. In accordance with s. 163.3184, each local 797 government shall submit to the state land planning agency its 798 complete proposed comprehensive plan or its complete 799 comprehensive plan as proposed to be amended. 800(3) When a local government has not prepared all of the801required elements or has not amended its plan as required by802subsection (2), the regional planning agency having803responsibility for the area in which the local government lies804shall prepare and adopt by rule, pursuant to chapter 120, the805missing elements or adopt by rule amendments to the existing806plan in accordance with this act by July 1, 1989, or within 1807year after the dates specified or provided in subsection (2) and808the state land planning agency review schedule, whichever is809later. The regional planning agency shall provide at least 90810days’ written notice to any local government whose plan it is811required by this subsection to prepare, prior to initiating the812planning process. At least 90 days before the adoption by the813regional planning agency of a comprehensive plan, or element or814portion thereof, pursuant to this subsection, the regional815planning agency shall transmit a copy of the proposed816comprehensive plan, or element or portion thereof, to the local817government and the state land planning agency for written818comment. The state land planning agency shall review and comment819on such plan, or element or portion thereof, in accordance with820s.163.3184(6). Section163.3184(6), (7), and (8) shall be821applicable to the regional planning agency as if it were a822governing body. Existing comprehensive plans shall remain in823effect until they are amended pursuant to subsection (2), this824subsection, s.163.3187, or s.163.3189.825 (3)(4)A municipality established after the effective date 826 of this act shall, within 1 year after incorporation, establish 827 a local planning agency, pursuant to s. 163.3174, and prepare 828 and adopt a comprehensive plan of the type and in the manner set 829 out in this act within 3 years after the date of such 830 incorporation. A county comprehensive plan shall be deemed 831 controlling until the municipality adopts a comprehensive plan 832 in accord with the provisions of this act.If, upon the833expiration of the 3-year time limit, the municipality has not834adopted a comprehensive plan, the regional planning agency shall835prepare and adopt a comprehensive plan for such municipality.836 (4)(5)Any comprehensive plan, or element or portion 837 thereof, adopted pursuant to the provisions of this act, which 838 but for its adoption after the deadlines established pursuant to 839 previous versions of this act would have been valid, shall be 840 valid. 841(6) When a regional planning agency is required to prepare842or amend a comprehensive plan, or element or portion thereof,843pursuant to subsections (3) and (4), the regional planning844agency and the local government may agree to a method of845compensating the regional planning agency for any verifiable,846direct costs incurred. If an agreement is not reached within 6847months after the date the regional planning agency assumes848planning responsibilities for the local government pursuant to849subsections (3) and (4) or by the time the plan or element, or850portion thereof, is completed, whichever is earlier, the851regional planning agency shall file invoices for verifiable,852direct costs involved with the governing body. Upon the failure853of the local government to pay such invoices within 90 days, the854regional planning agency may, upon filing proper vouchers with855the Chief Financial Officer, request payment by the Chief856Financial Officer from unencumbered revenue or other tax sharing857funds due such local government from the state for work actually858performed, and the Chief Financial Officer shall pay such859vouchers; however, the amount of such payment shall not exceed86050 percent of such funds due such local government in any one861year.862(7) A local government that is being requested to pay costs863may seek an administrative hearing pursuant to ss.120.569and864120.57to challenge the amount of costs and to determine if the865statutory prerequisites for payment have been complied with.866Final agency action shall be taken by the state land planning867agency. Payment shall be withheld as to disputed amounts until868proceedings under this subsection have been completed.869 (5)(8)Nothing in this act shall limit or modify the rights 870 of any person to complete any development that has been 871 authorized as a development of regional impact pursuant to 872 chapter 380 or who has been issued a final local development 873 order and development has commenced and is continuing in good 874 faith. 875 (6)(9)The Reedy Creek Improvement District shall exercise 876 the authority of this part as it applies to municipalities, 877 consistent with the legislative act under which it was 878 established, for the total area under its jurisdiction. 879 (7)(10)Nothing in this part shall supersede any provision 880 of ss. 341.8201-341.842. 881(11)Each local government is encouraged to articulate a882vision of the future physical appearance and qualities of its883community as a component of its local comprehensive plan. The884vision should be developed through a collaborative planning885process with meaningful public participation and shall be886adopted by the governing body of the jurisdiction. Neighboring887communities, especially those sharing natural resources or888physical or economic infrastructure, are encouraged to create889collective visions for greater-than-local areas. Such collective890visions shall apply in each city or county only to the extent891that each local government chooses to make them applicable. The892state land planning agency shall serve as a clearinghouse for893creating a community vision of the future and may utilize the894Growth Management Trust Fund, created by s.186.911, to provide895grants to help pay the costs of local visioning programs. When a896local vision of the future has been created, a local government897should review its comprehensive plan, land development898regulations, and capital improvement program to ensure that899these instruments will help to move the community toward its900vision in a manner consistent with this act and with the state901comprehensive plan. A local or regional vision must be902consistent with the state vision, when adopted, and be903internally consistent with the local or regional plan of which904it is a component. The state land planning agency shall not905adopt minimum criteria for evaluating or judging the form or906content of a local or regional vision.907 (8)(12)An initiative or referendum process in regard to 908 any development order or in regard to any local comprehensive 909 plan amendment or map amendmentthat affects five or fewer910parcels of landis prohibited. A local government may not adopt 911 any super majority voting requirement for the adoption of 912 amendments to the comprehensive plan. 913 (9)(13)Each local government shall address in its 914 comprehensive plan, as enumerated in this chapter, the water 915 supply sources necessary to meet and achieve the existing and 916 projected water use demand for the established planning period, 917 considering the applicable plan developed pursuant to s. 918 373.709. 919 (10)(14)(a) If a local government grants a development 920 order pursuant to its adopted land development regulations and 921 the order is not the subject of a pending appeal and the 922 timeframe for filing an appeal has expired, the development 923 order may not be invalidated by a subsequent judicial 924 determination that such land development regulations, or any 925 portion thereof that is relevant to the development order, are 926 invalid because of a deficiency in the approval standards. 927 (b) This subsection does not preclude or affect the timely 928 institution of any other remedy available at law or equity, 929 including a common law writ of certiorari proceeding pursuant to 930 Rule 9.190, Florida Rules of Appellate Procedure, or an original 931 proceeding pursuant to s. 163.3215, as applicable. 932(c) This subsection applies retroactively to any933development order granted on or after January 1, 2002.934 (11) A local government shall process and review 935 applications for development orders, including zoning and other 936 land use approvals, based on the comprehensive plan, zoning and 937 land use code, and regulations in effect at the time each 938 respective application is filed, except if: 939 (a) The local government can demonstrate that the 940 ordinance, rule, or regulation in effect when the application 941 was filed would create an immediate and imminent threat to the 942 public safety or health; or 943 (b) The application was not filed in good faith in an 944 effort to avoid an amendment to the comprehensive plan after the 945 local government has declared publicly its intent to amend the 946 comprehensive plan prior to the filing of the application. 947 Section 8. Section 163.3168, Florida Statutes, is created 948 to read: 949 163.3168 Planning innovations and technical assistance.— 950 (1) The Legislature recognizes the need for innovative 951 planning and development strategies to promote a diverse economy 952 and vibrant rural and urban communities, while protecting 953 environmentally sensitive areas. The Legislature further 954 recognizes the substantial advantages of innovative approaches 955 to development directed to meet the needs of urban, rural, and 956 suburban areas. 957 (2) Local governments are encouraged to apply innovative 958 planning tools, including, but not limited to, visioning, sector 959 planning, and rural land stewardship area designations to 960 address future new development areas, urban service area 961 designations, urban growth boundaries, and mixed-use, high 962 density development in urban areas. 963 (3) The state land planning agency shall help communities 964 find creative solutions to fostering vibrant, healthy 965 communities, while protecting the functions of important state 966 resources and facilities. The state land planning agency and all 967 other appropriate state and regional agencies may use various 968 means to provide direct and indirect technical assistance within 969 available resources. If plan amendments may adversely impact 970 important state resources or facilities, upon request by the 971 local government, the state land planning agency shall 972 coordinate multiagency assistance, if needed, in developing an 973 amendment to minimize impacts on such resources or facilities. 974 Section 9. Subsection (4) of section 163.3171, Florida 975 Statutes, is amended to read: 976 163.3171 Areas of authority under this act.— 977 (4)The state land planning agency and aLocal governments 978 maygovernment shall have the power toenter into agreements 979 with each other andto agree together to enter into agreements980 with a landowner, developer, or governmental agency as may be 981 necessary or desirable to effectuate the provisions and purposes 982 of ss. 163.3177(6)(h),and (11)(a), (b), and (c), and163.3245, 983 and 163.3248. It is the Legislature’s intent that joint 984 agreements entered into under the authority of this section be 985 liberally, broadly, and flexibly construed to facilitate 986 intergovernmental cooperation between cities and counties and to 987 encourage planning in advance of jurisdictional changes. Joint 988 agreements, executed before or after the effective date of this 989 act, include, but are not limited to, agreements that 990 contemplate municipal adoption of plans or plan amendments for 991 lands in advance of annexation of such lands into the 992 municipality, and may permit municipalities and counties to 993 exercise nonexclusive extrajurisdictional authority within 994 incorporated and unincorporated areas. The state land planning 995 agency shall not have authority to interpret, invalidate, or 996 declare inoperative such joint agreements, and the validity of 997 joint agreements may not be a basis for finding plans or plan 998 amendments not in compliance pursuant to the provisions of 999 chapter law. 1000 Section 10. Subsection (1) of section 163.3174, Florida 1001 Statutes, is amended to read: 1002 163.3174 Local planning agency.— 1003 (1) The governing body of each local government, 1004 individually or in combination as provided in s. 163.3171, shall 1005 designate and by ordinance establish a “local planning agency,” 1006 unless the agency is otherwise established by law. 1007 Notwithstanding any special act to the contrary, all local 1008 planning agencies or equivalent agencies that first review 1009 rezoning and comprehensive plan amendments in each municipality 1010 and county shall include a representative of the school district 1011 appointed by the school board as a nonvoting member of the local 1012 planning agency or equivalent agency to attend those meetings at 1013 which the agency considers comprehensive plan amendments and 1014 rezonings that would, if approved, increase residential density 1015 on the property that is the subject of the application. However, 1016 this subsection does not prevent the governing body of the local 1017 government from granting voting status to the school board 1018 member. The governing body may designate itself as the local 1019 planning agency pursuant to this subsection with the addition of 1020 a nonvoting school board representative.The governing body1021shall notify the state land planning agency of the establishment1022of its local planning agency.All local planning agencies shall 1023 provide opportunities for involvement by applicable community 1024 college boards, which may be accomplished by formal 1025 representation, membership on technical advisory committees, or 1026 other appropriate means. The local planning agency shall prepare 1027 the comprehensive plan or plan amendment after hearings to be 1028 held after public notice and shall make recommendations to the 1029 governing body regarding the adoption or amendment of the plan. 1030 The agency may be a local planning commission, the planning 1031 department of the local government, or other instrumentality, 1032 including a countywide planning entity established by special 1033 act or a council of local government officials created pursuant 1034 to s. 163.02, provided the composition of the council is fairly 1035 representative of all the governing bodies in the county or 1036 planning area; however: 1037 (a) If a joint planning entity is in existence on the 1038 effective date of this act which authorizes the governing bodies 1039 to adopt and enforce a land use plan effective throughout the 1040 joint planning area, that entity shall be the agency for those 1041 local governments until such time as the authority of the joint 1042 planning entity is modified by law. 1043 (b) In the case of chartered counties, the planning 1044 responsibility between the county and the several municipalities 1045 therein shall be as stipulated in the charter. 1046 Section 11. Subsections (6) and (9) of section 163.3175, 1047 Florida Statutes, are amended to read: 1048 163.3175 Legislative findings on compatibility of 1049 development with military installations; exchange of information 1050 between local governments and military installations.— 1051 (6) The affected local government shall take into 1052 consideration any comments provided by the commanding officer or 1053 his or her designee pursuant to subsection (4) and must also be 1054 sensitive to private property rights and not be unduly 1055 restrictive on those rights. The affected local government shall 1056 forward a copy of any comments regarding comprehensive plan 1057 amendments to the state land planning agency. 1058 (9) If a local government, as required under s. 1059 163.3177(6)(a), does not adopt criteria and address 1060 compatibility of lands adjacent to or closely proximate to 1061 existing military installations in its future land use plan 1062 element by June 30, 2012, the local government, the military 1063 installation, the state land planning agency, and other parties 1064 as identified by the regional planning council, including, but 1065 not limited to, private landowner representatives, shall enter 1066 into mediation conducted pursuant to s. 186.509. If the local 1067 government comprehensive plan does not contain criteria 1068 addressing compatibility by December 31, 2013, the agency may 1069 notify the Administration Commission. The Administration 1070 Commission may impose sanctions pursuant to s. 163.3184(11). Any 1071 local government that amended its comprehensive plan to address 1072 military installation compatibility requirements after 2004 and 1073 was found in compliance, is deemed in compliance with the 1074 provisions of this subsection until the local government 1075 conducts its evaluation and appraisal review pursuant to s. 1076 163.3191 and determines that amendments are necessary to meet 1077 updated statutory requirements. 1078 Section 12. Section 163.3177, Florida Statutes, is amended 1079 to read: 1080 163.3177 Required and optional elements of comprehensive 1081 plan; studies and surveys.— 1082 (1) The comprehensive plan shall provide theconsist of1083materials in such descriptive form, written or graphic, as may1084be appropriate to the prescription ofprinciples, guidelines, 1085andstandards, and strategies for the orderly and balanced 1086 future economic, social, physical, environmental, and fiscal 1087 development of the area that reflects community commitments to 1088 implement the plan and its elements. These principles and 1089 strategies shall guide future decisions in a consistent manner 1090 and shall contain programs and activities to ensure 1091 comprehensive plans are implemented. The sections of the 1092 comprehensive plan containing the principles and strategies, 1093 generally provided as goals, objectives, and policies, shall 1094 describe how the local government’s programs, activities, and 1095 land development regulations will be initiated, modified, or 1096 continued to implement the comprehensive plan in a consistent 1097 manner. It is not the intent of this part to require the 1098 inclusion of implementing regulations in the comprehensive plan 1099 but rather to require identification of those programs, 1100 activities, and land development regulations that will be part 1101 of the strategy for implementing the comprehensive plan and the 1102 principles that describe how the programs, activities, and land 1103 development regulations will be carried out. The plan shall 1104 establish meaningful and predictable standards for the use and 1105 development of land and provide meaningful guidelines for the 1106 content of more detailed land development and use regulations. 1107 (a) The comprehensive plan shall consist of elements as 1108 described in this section, and may include optional elements. 1109 (b) A local government may include, as part of its adopted 1110 plan, documents adopted by reference but not incorporated 1111 verbatim into the plan. The adoption by reference must identify 1112 the title and author of the document and indicate clearly what 1113 provisions and edition of the document is being adopted. 1114 (c) The format of these principles and guidelines is at the 1115 discretion of the local government, but typically is expressed 1116 in goals, objectives, policies, and strategies. 1117 (d) Proposed elements shall identify procedures for 1118 monitoring, evaluating, and appraising implementation of the 1119 plan. 1120 (e) When a federal, state, or regional agency has 1121 implemented a regulatory program, a local government is not 1122 required to duplicate or exceed that regulatory program in its 1123 local comprehensive plan. 1124 (f) All mandatory and optional elements of the 1125 comprehensive plan and plan amendments shall be based upon a 1126 justification by the local government that may include, but not 1127 be limited to, surveys, studies, community goals and vision, and 1128 other data available at the time of adoption of the 1129 comprehensive plan or plan amendment. To be based on data means 1130 to react to it in an appropriate way and to the extent necessary 1131 indicated by the data available on that particular subject at 1132 the time of adoption of the plan or plan amendment at issue. 1133 1. Surveys, studies, and data utilized in the preparation 1134 of the comprehensive plan shall not be deemed a part of the 1135 comprehensive plan unless adopted as a part of it. Copies of 1136 such studies, surveys, data, and supporting documents shall be 1137 made available for public inspection, and copies of such plans 1138 shall be made available to the public upon payment of reasonable 1139 charges for reproduction. Support data or summaries shall not be 1140 subject to the compliance review process, but the comprehensive 1141 plan must be clearly based on appropriate data. Support data or 1142 summaries may be used to aid in the determination of compliance 1143 and consistency. 1144 2. Data must be taken from professionally accepted sources. 1145 The application of a methodology utilized in data collection or 1146 whether a particular methodology is professionally accepted may 1147 be evaluated. However, the evaluation shall not include whether 1148 one accepted methodology is better than another. Original data 1149 collection by local governments is not required. However, local 1150 governments may use original data so long as methodologies are 1151 professionally accepted. 1152 3. The comprehensive plan shall be based upon resident and 1153 seasonal population estimates and projections, which shall 1154 either be those provided by the Office of Economic and 1155 Demographic Research or generated by the local government based 1156 upon a professionally acceptable methodology. The plan must be 1157 based on at least the minimum amount of land required to 1158 accommodate the medium projections of the Office of Economic and 1159 Demographic Research unless otherwise limited under s. 380.05 1160 including related rules of the Administration Commission. 1161 (2) Coordination of the several elements of the local 1162 comprehensive plan shall be a major objective of the planning 1163 process. The several elements of the comprehensive plan shall be 1164 consistent. Where data is relevant to several elements, 1165 consistent data shall be used, including population estimates 1166 and projections unless alternative data can be justified for a 1167 plan amendment through new supporting data and analysis. Each 1168 map depicting future conditions must reflect the principles, 1169 guidelines, and standards within all elements and each such map 1170 must be contained within the comprehensive plan, and the1171comprehensive plan shall be financially feasible. Financial1172feasibility shall be determined using professionally accepted1173methodologies and applies to the 5-year planning period, except1174in the case of a long-term transportation or school concurrency1175management system, in which case a 10-year or 15-year period1176applies. 1177 (3)(a) The comprehensive plan shall contain a capital 1178 improvements element designed to consider the need for and the 1179 location of public facilities in order to encourage the 1180 efficient use of such facilities and set forth: 1181 1. A component that outlines principles for construction, 1182 extension, or increase in capacity of public facilities, as well 1183 as a component that outlines principles for correcting existing 1184 public facility deficiencies, which are necessary to implement 1185 the comprehensive plan. The components shall cover at least a 5 1186 year period. 1187 2. Estimated public facility costs, including a delineation 1188 of when facilities will be needed, the general location of the 1189 facilities, and projected revenue sources to fund the 1190 facilities. 1191 3. Standards to ensure the availability of public 1192 facilities and the adequacy of those facilities including 1193 acceptable levels of service. 11944. Standards for the management of debt.1195 4.5.A schedule of capital improvements which includes any 1196 publicly funded projects of federal, state, or local government, 1197 and which may include privately funded projects for which the 1198 local government has no fiscal responsibility. Projects,1199 necessary to ensure that any adopted level-of-service standards 1200 are achieved and maintained for the 5-year period must be 1201 identified as either funded or unfunded and given a level of 1202 priority for funding.For capital improvements that will be1203funded by the developer, financial feasibility shall be1204demonstrated by being guaranteed in an enforceable development1205agreement or interlocal agreement pursuant to paragraph (10)(h),1206or other enforceable agreement. These development agreements and1207interlocal agreements shall be reflected in the schedule of1208capital improvements if the capital improvement is necessary to1209serve development within the 5-year schedule. If the local1210government uses planned revenue sources that require referenda1211or other actions to secure the revenue source, the plan must, in1212the event the referenda are not passed or actions do not secure1213the planned revenue source, identify other existing revenue1214sources that will be used to fund the capital projects or1215otherwise amend the plan to ensure financial feasibility.1216 5.6.The schedule must include transportation improvements 1217 included in the applicable metropolitan planning organization’s 1218 transportation improvement program adopted pursuant to s. 1219 339.175(8) to the extent that such improvements are relied upon 1220 to ensure concurrency or implementation of a mobility plan as 1221 defined in s. 163.3164 and financial feasibility. The schedule 1222 mustalsobe coordinated with the applicable metropolitan 1223 planning organization’s long-range transportation plan adopted 1224 pursuant to s. 339.175(7). 1225 (b)1.The capital improvements element must be reviewed by 1226 the local government on an annual basis. Modificationsand1227modified as necessary in accordance with s.163.3187or s.1228163.3189in orderto update themaintain a financially feasible1229 5-year capital improvement scheduleof capital improvements.1230Corrections and modifications concerning costs; revenue sources;1231or acceptance of facilities pursuant to dedications which are1232consistent with the planmay be accomplished by ordinance and 1233 shall not be deemed to be amendments to the local comprehensive 1234 plan.A copy of the ordinance shall be transmitted to the state1235land planning agency. An amendment to the comprehensive plan is1236required to update the schedule on an annual basis or to1237eliminate, defer, or delay the construction for any facility1238listed in the 5-year schedule. All public facilities must be1239consistent with the capital improvements element. The annual1240update to the capital improvements element of the comprehensive1241plan need not comply with the financial feasibility requirement1242until December 1, 2011. Thereafter, a local government may not1243amend its future land use map, except for plan amendments to1244meet new requirements under this part and emergency amendments1245pursuant to s.163.3187(1)(a), after December 1, 2011, and every1246year thereafter, unless and until the local government has1247adopted the annual update and it has been transmitted to the1248state land planning agency.12492. Capital improvements element amendments adopted after1250the effective date of this act shall require only a single1251public hearing before the governing board which shall be an1252adoption hearing as described in s.163.3184(7). Such amendments1253are not subject to the requirements of s.163.3184(3)-(6).1254(c) If the local government does not adopt the required1255annual update to the schedule of capital improvements, the state1256land planning agency must notify the Administration Commission.1257A local government that has a demonstrated lack of commitment to1258meeting its obligations identified in the capital improvements1259element may be subject to sanctions by the Administration1260Commission pursuant to s.163.3184(11).1261(d) If a local government adopts a long-term concurrency1262management system pursuant to s.163.3180(9), it must also adopt1263a long-term capital improvements schedule covering up to a 101264year or 15-year period, and must update the long-term schedule1265annually. The long-term schedule of capital improvements must be1266financially feasible.1267(e) At the discretion of the local government and1268notwithstanding the requirements of this subsection, a1269comprehensive plan, as revised by an amendment to the plan’s1270future land use map, shall be deemed to be financially feasible1271and to have achieved and maintained level-of-service standards1272as required by this section with respect to transportation1273facilities if the amendment to the future land use map is1274supported by a:12751. Condition in a development order for a development of1276regional impact or binding agreement that addresses1277proportionate-share mitigation consistent with s.163.3180(12);1278or12792. Binding agreement addressing proportionate fair-share1280mitigation consistent with s.163.3180(16)(f) and the property1281subject to the amendment to the future land use map is located1282within an area designated in a comprehensive plan for urban1283infill, urban redevelopment, downtown revitalization, urban1284infill and redevelopment, or an urban service area. The binding1285agreement must be based on the maximum amount of development1286identified by the future land use map amendment or as may be1287otherwise restricted through a special area plan policy or map1288notation in the comprehensive plan.1289(f) A local government’s comprehensive plan and plan1290amendments for land uses within all transportation concurrency1291exception areas that are designated and maintained in accordance1292with s.163.3180(5) shall be deemed to meet the requirement to1293achieve and maintain level-of-service standards for1294transportation.1295 (4)(a) Coordination of the local comprehensive plan with 1296 the comprehensive plans of adjacent municipalities, the county, 1297 adjacent counties, or the region; with the appropriate water 1298 management district’s regional water supply plans approved 1299 pursuant to s. 373.709; and with adopted rules pertaining to 1300 designated areas of critical state concern; and with the state1301comprehensive planshall be a major objective of the local 1302 comprehensive planning process. To that end, in the preparation 1303 of a comprehensive plan or element thereof, and in the 1304 comprehensive plan or element as adopted, the governing body 1305 shall include a specific policy statement indicating the 1306 relationship of the proposed development of the area to the 1307 comprehensive plans of adjacent municipalities, the county, 1308 adjacent counties, or the regionand to the state comprehensive1309plan, as the case may require and as such adopted plans or plans 1310 in preparation may exist. 1311 (b) When all or a portion of the land in a local government 1312 jurisdiction is or becomes part of a designated area of critical 1313 state concern, the local government shall clearly identify those 1314 portions of the local comprehensive plan that shall be 1315 applicable to the critical area and shall indicate the 1316 relationship of the proposed development of the area to the 1317 rules for the area of critical state concern. 1318 (5)(a) Each local government comprehensive plan must 1319 include at least two planning periods, one covering at least the 1320 first 5-year period occurring after the plan’s adoption and one 1321 covering at least a 10-year period. Additional planning periods 1322 for specific components, elements, land use amendments, or 1323 projects shall be permissible and accepted as part of the 1324 planning process. 1325 (b) The comprehensive plan and its elements shall contain 1326 guidelines or policiespolicy recommendationsfor the 1327 implementation of the plan and its elements. 1328 (6) In addition to the requirements of subsections (1)-(5) 1329and (12), the comprehensive plan shall include the following 1330 elements: 1331 (a) A future land use plan element designating proposed 1332 future general distribution, location, and extent of the uses of 1333 land for residential uses, commercial uses, industry, 1334 agriculture, recreation, conservation, education,public1335buildings and grounds, otherpublic facilities, and other 1336 categories of the public and private uses of land. The 1337 approximate acreage and the general range of density or 1338 intensity of use shall be provided for the gross land area 1339 included in each existing land use category. The element shall 1340 establish the long-term end toward which land use programs and 1341 activities are ultimately directed.Counties are encouraged to1342designate rural land stewardship areas, pursuant to paragraph1343(11)(d), as overlays on the future land use map.1344 1. Each future land use category must be defined in terms 1345 of uses included, and must include standards to be followed in 1346 the control and distribution of population densities and 1347 building and structure intensities. The proposed distribution, 1348 location, and extent of the various categories of land use shall 1349 be shown on a land use map or map series which shall be 1350 supplemented by goals, policies, and measurable objectives. 1351 2. The future land use plan and plan amendments shall be 1352 based upon surveys, studies, and data regarding the area, as 1353 applicable, including: 1354 a. The amount of land required to accommodate anticipated 1355 growth.;1356 b. The projected residential and seasonal population of the 1357 area.;1358 c. The character of undeveloped land.;1359 d. The availability of water supplies, public facilities, 1360 and services.;1361 e. The need for redevelopment, including the renewal of 1362 blighted areas and the elimination of nonconforming uses which 1363 are inconsistent with the character of the community.;1364 f. The compatibility of uses on lands adjacent to or 1365 closely proximate to military installations.;1366 g. The compatibility of uses on lands adjacent to an 1367 airport as defined in s. 330.35 and consistent with s. 333.02.;1368 h. The discouragement of urban sprawl.; energy-efficient1369land use patterns accounting for existing and future electric1370power generation and transmission systems; greenhouse gas1371reduction strategies; and, in rural communities,1372 i. The need for job creation, capital investment, and 1373 economic development that will strengthen and diversify the 1374 community’s economy. 1375 j. The need to modify land uses and development patterns 1376 within antiquated subdivisions.The future land use plan may1377designate areas for future planned development use involving1378combinations of types of uses for which special regulations may1379be necessary to ensure development in accord with the principles1380and standards of the comprehensive plan and this act.1381 3. The future land use plan element shall include criteria 1382 to be used to: 1383 a. Achieve the compatibility of lands adjacent or closely 1384 proximate to military installations, considering factors 1385 identified in s. 163.3175(5)., and1386 b. Achieve the compatibility of lands adjacent to an 1387 airport as defined in s. 330.35 and consistent with s. 333.02. 1388 c. Encourage preservation of recreational and commercial 1389 working waterfronts for water dependent uses in coastal 1390 communities. 1391 d. Encourage the location of schools proximate to urban 1392 residential areas to the extent possible. 1393 e. Coordinate future land uses with the topography and soil 1394 conditions, and the availability of facilities and services. 1395 f. Ensure the protection of natural and historic resources. 1396 g. Provide for the compatibility of adjacent land uses. 1397 h. Provide guidelines for the implementation of mixed use 1398 development including the types of uses allowed, the percentage 1399 distribution among the mix of uses, or other standards, and the 1400 density and intensity of each use. 1401 4.In addition, for rural communities,The amount of land 1402 designated for future planned usesindustrial useshall provide 1403 a balance of uses that foster vibrant, viable communities and 1404 economic development opportunities and address outdated 1405 development patterns, such as antiquated subdivisions. The 1406 amount of land designated for future land uses should allow the 1407 operation of real estate markets to provide adequate choices for 1408 permanent and seasonal residents and business andbe based upon1409surveys and studies that reflect the need for job creation,1410capital investment, and the necessity to strengthen and1411diversify the local economies, andmay not be limited solely by 1412 the projected populationof the rural community. The element 1413 shall accommodate at least the minimum amount of land required 1414 to accommodate the medium projections of the Office of Economic 1415 and Demographic Research at least a 10-year planning period 1416 unless otherwise limited under s. 380.05 including related rules 1417 of the Administration Commission. 1418 5. The future land use plan of a county mayalsodesignate 1419 areas for possible future municipal incorporation. 1420 6. The land use maps or map series shall generally identify 1421 and depict historic district boundaries and shall designate 1422 historically significant properties meriting protection.For1423coastal counties, the future land use element must include,1424without limitation, regulatory incentives and criteria that1425encourage the preservation of recreational and commercial1426working waterfronts as defined in s.342.07.1427 7. The future land use element must clearly identify the 1428 land use categories in which public schools are an allowable 1429 use. When delineating the land use categories in which public 1430 schools are an allowable use, a local government shall include 1431 in the categories sufficient land proximate to residential 1432 development to meet the projected needs for schools in 1433 coordination with public school boards and may establish 1434 differing criteria for schools of different type or size. Each 1435 local government shall include lands contiguous to existing 1436 school sites, to the maximum extent possible, within the land 1437 use categories in which public schools are an allowable use.The1438failure by a local government to comply with these school siting1439requirements will result in the prohibition of the local1440government’s ability to amend the local comprehensive plan,1441except for plan amendments described in s.163.3187(1)(b), until1442the school siting requirements are met. Amendments proposed by a1443local government for purposes of identifying the land use1444categories in which public schools are an allowable use are1445exempt from the limitation on the frequency of plan amendments1446contained in s.163.3187. The future land use element shall1447include criteria that encourage the location of schools1448proximate to urban residential areas to the extent possible and1449shall require that the local government seek to collocate public1450facilities, such as parks, libraries, and community centers,1451with schools to the extent possible and to encourage the use of1452elementary schools as focal points for neighborhoods. For1453schools serving predominantly rural counties, defined as a1454county with a population of 100,000 or fewer, an agricultural1455land use category is eligible for the location of public school1456facilities if the local comprehensive plan contains school1457siting criteria and the location is consistent with such1458criteria. 1459 8. Future land use map amendments shall be based upon the 1460 following analyses: 1461 a. An analysis of the availability of facilities and 1462 services. 1463 b. An analysis of the suitability of the plan amendment for 1464 its proposed use considering the character of the undeveloped 1465 land, soils, topography, natural resources, and historic 1466 resources on site. 1467 c. An analysis of the minimum amount of land needed as 1468 determined by the local government. 1469 9. The future land use element and any amendment to the 1470 future land use element shall discourage the proliferation of 1471 urban sprawl. 1472 a. The primary indicators that a plan or plan amendment 1473 does not discourage the proliferation of urban sprawl are listed 1474 below. The evaluation of the presence of these indicators shall 1475 consist of an analysis of the plan or plan amendment within the 1476 context of features and characteristics unique to each locality 1477 in order to determine whether the plan or plan amendment: 1478 (I) Promotes, allows, or designates for development 1479 substantial areas of the jurisdiction to develop as low 1480 intensity, low-density, or single-use development or uses. 1481 (II) Promotes, allows, or designates significant amounts of 1482 urban development to occur in rural areas at substantial 1483 distances from existing urban areas while not using undeveloped 1484 lands that are available and suitable for development. 1485 (III) Promotes, allows, or designates urban development in 1486 radial, strip, isolated, or ribbon patterns generally emanating 1487 from existing urban developments. 1488 (IV) Fails to adequately protect and conserve natural 1489 resources, such as wetlands, floodplains, native vegetation, 1490 environmentally sensitive areas, natural groundwater aquifer 1491 recharge areas, lakes, rivers, shorelines, beaches, bays, 1492 estuarine systems, and other significant natural systems. 1493 (V) Fails to adequately protect adjacent agricultural areas 1494 and activities, including silviculture, active agricultural and 1495 silvicultural activities, passive agricultural activities, and 1496 dormant, unique, and prime farmlands and soils. 1497 (VI) Fails to maximize use of existing public facilities 1498 and services. 1499 (VII) Fails to maximize use of future public facilities and 1500 services. 1501 (VIII) Allows for land use patterns or timing which 1502 disproportionately increase the cost in time, money, and energy 1503 of providing and maintaining facilities and services, including 1504 roads, potable water, sanitary sewer, stormwater management, law 1505 enforcement, education, health care, fire and emergency 1506 response, and general government. 1507 (IX) Fails to provide a clear separation between rural and 1508 urban uses. 1509 (X) Discourages or inhibits infill development or the 1510 redevelopment of existing neighborhoods and communities. 1511 (XI) Fails to encourage a functional mix of uses. 1512 (XII) Results in poor accessibility among linked or related 1513 land uses. 1514 (XIII) Results in the loss of significant amounts of 1515 functional open space. 1516 b. The future land use element or plan amendment shall be 1517 determined to discourage the proliferation of urban sprawl if it 1518 incorporates a development pattern or urban form that achieves 1519 four or more of the following: 1520 (I) Directs or locates economic growth and associated land 1521 development to geographic areas of the community in a manner 1522 that does not have an adverse impact on and protects natural 1523 resources and ecosystems. 1524 (II) Promotes the efficient and cost-effective provision or 1525 extension of public infrastructure and services. 1526 (III) Promotes walkable and connected communities and 1527 provides for compact development and a mix of uses at densities 1528 and intensities that will support a range of housing choices and 1529 a multimodal transportation system, including pedestrian, 1530 bicycle, and transit, if available. 1531 (IV) Promotes conservation of water and energy. 1532 (V) Preserves agricultural areas and activities, including 1533 silviculture, and dormant, unique, and prime farmlands and 1534 soils. 1535 (VI) Preserves open space and natural lands and provides 1536 for public open space and recreation needs. 1537 (VII) Creates a balance of land uses based upon demands of 1538 residential population for the nonresidential needs of an area. 1539 (VIII) Provides uses, densities, and intensities of use and 1540 urban form that would remediate an existing or planned 1541 development pattern in the vicinity that constitutes sprawl or 1542 if it provides for an innovative development pattern such as 1543 transit-oriented developments or new towns as defined in s. 1544 163.3164. 1545 10. The future land use element shall include a future land 1546 use map or map series. 1547 a. The proposed distribution, extent, and location of the 1548 following uses shall be shown on the future land use map or map 1549 series: 1550 (I) Residential. 1551 (II) Commercial. 1552 (III) Industrial. 1553 (IV) Agricultural. 1554 (V) Recreational. 1555 (VI) Conservation. 1556 (VII) Educational. 1557 (VIII) Public. 1558 b. The following areas shall also be shown on the future 1559 land use map or map series, if applicable: 1560 (I) Historic district boundaries and designated 1561 historically significant properties. 1562 (II) Transportation concurrency management area boundaries 1563 or transportation concurrency exception area boundaries. 1564 (III) Multimodal transportation district boundaries. 1565 (IV) Mixed use categories. 1566 c. The following natural resources or conditions shall be 1567 shown on the future land use map or map series, if applicable: 1568 (I) Existing and planned public potable waterwells, cones 1569 of influence, and wellhead protection areas. 1570 (II) Beaches and shores, including estuarine systems. 1571 (III) Rivers, bays, lakes, floodplains, and harbors. 1572 (IV) Wetlands. 1573 (V) Minerals and soils. 1574 (VI) Coastal high-hazard areas. 1575 11. Local governments required to update or amend their 1576 comprehensive plan to include criteria and address compatibility 1577 of lands adjacent or closely proximate to existing military 1578 installations, or lands adjacent to an airport as defined in s. 1579 330.35 and consistent with s. 333.02, in their future land use 1580 plan element shall transmit the update or amendment to the state 1581 land planning agency by June 30, 2012. 1582 (b)1. A transportation element addressing mobility issues 1583 in relationship to the size and character of the local 1584 government. The purpose of the transportation element shall be 1585 to plan for a multimodal transportation system that places 1586 emphasis on public transportation systems, where feasible. The 1587 element shall provide for a safe, convenient multimodal 1588 transportation system, coordinated with the future land use map 1589 or map series and designed to support all elements of the 1590 comprehensive plan. A local government that has all or part of 1591 its jurisdiction included within the metropolitan planning area 1592 of a metropolitan planning organization (M.P.O.) pursuant to s. 1593 339.175 shall prepare and adopt a transportation element 1594 consistent with this subsection. Local governments that are not 1595 located within the metropolitan planning area of an M.P.O. shall 1596 address traffic circulation, mass transit, and ports, and 1597 aviation and related facilities consistent with this subsection, 1598 except that local governments with a population of 50,000 or 1599 less shall only be required to address transportation 1600 circulation. The element shall be coordinated with the plans and 1601 programs of any applicable metropolitan planning organization, 1602 transportation authority, Florida Transportation Plan, and 1603 Department of Transportation’s adopted work program. The 1604 transportation element shall address 1605(b) Atraffic circulation, includingelement consisting of1606 the types, locations, and extent of existing and proposed major 1607 thoroughfares and transportation routes, including bicycle and 1608 pedestrian ways. Transportation corridors, as defined in s. 1609 334.03, may be designated in the transportationtraffic1610circulationelement pursuant to s. 337.273. If the 1611 transportation corridors are designated, the local government 1612 may adopt a transportation corridor management ordinance. The 1613 element shall reflect the data, analysis, and associated 1614 principles and strategies relating to: 1615 a. The existing transportation system levels of service and 1616 system needs and the availability of transportation facilities 1617 and services. 1618 b. The growth trends and travel patterns and interactions 1619 between land use and transportation. 1620 c. Existing and projected intermodal deficiencies and 1621 needs. 1622 d. The projected transportation system levels of service 1623 and system needs based upon the future land use map and the 1624 projected integrated transportation system. 1625 e. How the local government will correct existing facility 1626 deficiencies, meet the identified needs of the projected 1627 transportation system, and advance the purpose of this paragraph 1628 and the other elements of the comprehensive plan. 1629 2. Local governments within a metropolitan planning area 1630 designated as an M.P.O. pursuant to s. 339.175 shall also 1631 address: 1632 a. All alternative modes of travel, such as public 1633 transportation, pedestrian, and bicycle travel. 1634 b. Aviation, rail, seaport facilities, access to those 1635 facilities, and intermodal terminals. 1636 c. The capability to evacuate the coastal population before 1637 an impending natural disaster. 1638 d. Airports, projected airport and aviation development, 1639 and land use compatibility around airports, which includes areas 1640 defined in ss. 333.01 and 333.02. 1641 e. An identification of land use densities, building 1642 intensities, and transportation management programs to promote 1643 public transportation systems in designated public 1644 transportation corridors so as to encourage population densities 1645 sufficient to support such systems. 1646 3. Mass-transit provisions showing proposed methods for the 1647 moving of people, rights-of-way, terminals, and related 1648 facilities shall address: 1649 a. The provision of efficient public transit services based 1650 upon existing and proposed major trip generators and attractors, 1651 safe and convenient public transit terminals, land uses, and 1652 accommodation of the special needs of the transportation 1653 disadvantaged. 1654 b. Plans for port, aviation, and related facilities 1655 coordinated with the general circulation and transportation 1656 element. 1657 c. Plans for the circulation of recreational traffic, 1658 including bicycle facilities, exercise trails, riding 1659 facilities, and such other matters as may be related to the 1660 improvement and safety of movement of all types of recreational 1661 traffic. 1662 4. An airport master plan, and any subsequent amendments to 1663 the airport master plan, prepared by a licensed publicly owned 1664 and operated airport under s. 333.06 may be incorporated into 1665 the local government comprehensive plan by the local government 1666 having jurisdiction under this act for the area in which the 1667 airport or projected airport development is located by the 1668 adoption of a comprehensive plan amendment. In the amendment to 1669 the local comprehensive plan that integrates the airport master 1670 plan, the comprehensive plan amendment shall address land use 1671 compatibility consistent with chapter 333 regarding airport 1672 zoning; the provision of regional transportation facilities for 1673 the efficient use and operation of the transportation system and 1674 airport; consistency with the local government transportation 1675 circulation element and applicable M.P.O. long-range 1676 transportation plans; the execution of any necessary interlocal 1677 agreements for the purposes of the provision of public 1678 facilities and services to maintain the adopted level-of-service 1679 standards for facilities subject to concurrency; and may address 1680 airport-related or aviation-related development. Development or 1681 expansion of an airport consistent with the adopted airport 1682 master plan that has been incorporated into the local 1683 comprehensive plan in compliance with this part, and airport 1684 related or aviation-related development that has been addressed 1685 in the comprehensive plan amendment that incorporates the 1686 airport master plan, shall not be a development of regional 1687 impact. Notwithstanding any other general law, an airport that 1688 has received a development-of-regional-impact development order 1689 pursuant to s. 380.06, but which is no longer required to 1690 undergo development-of-regional-impact review pursuant to this 1691 subsection, may rescind its development-of-regional-impact order 1692 upon written notification to the applicable local government. 1693 Upon receipt by the local government, the development-of 1694 regional-impact development order shall be deemed rescinded. 1695 5. The transportation element shall include a map or map 1696 series showing the general location of the existing and proposed 1697 transportation system features and shall be coordinated with the 1698 future land use map or map series.The traffic circulation1699element shall incorporate transportation strategies to address1700reduction in greenhouse gas emissions from the transportation1701sector.1702 (c) A general sanitary sewer, solid waste, drainage, 1703 potable water, and natural groundwater aquifer recharge element 1704 correlated to principles and guidelines for future land use, 1705 indicating ways to provide for future potable water, drainage, 1706 sanitary sewer, solid waste, and aquifer recharge protection 1707 requirements for the area. The element may be a detailed 1708 engineering plan including a topographic map depicting areas of 1709 prime groundwater recharge. 1710 1. Each local government shall address in the data and 1711 analyses required by this section those facilities that provide 1712 service within the local government’s jurisdiction. Local 1713 governments that provide facilities to serve areas within other 1714 local government jurisdictions shall also address those 1715 facilities in the data and analyses required by this section, 1716 using data from the comprehensive plan for those areas for the 1717 purpose of projecting facility needs as required in this 1718 subsection. For shared facilities, each local government shall 1719 indicate the proportional capacity of the systems allocated to 1720 serve its jurisdiction. 1721 2. The element shall describe the problems and needs and 1722 the general facilities that will be required for solution of the 1723 problems and needs, including correcting existing facility 1724 deficiencies. The element shall address coordinating the 1725 extension of, or increase in the capacity of, facilities to meet 1726 future needs while maximizing the use of existing facilities and 1727 discouraging urban sprawl; conservation of potable water 1728 resources; and protecting the functions of natural groundwater 1729 recharge areas and natural drainage features. The element shall 1730 also include a topographic map depicting any areas adopted by a 1731 regional water management district as prime groundwater recharge 1732 areas for the Floridan or Biscayne aquifers. These areas shall 1733 be given special consideration when the local government is 1734 engaged in zoning or considering future land use for said 1735 designated areas.For areas served by septic tanks, soil surveys1736shall be provided which indicate the suitability of soils for1737septic tanks.1738 3. Within 18 months after the governing board approves an 1739 updated regional water supply plan, the element must incorporate 1740 the alternative water supply project or projects selected by the 1741 local government from those identified in the regional water 1742 supply plan pursuant to s. 373.709(2)(a) or proposed by the 1743 local government under s. 373.709(8)(b). If a local government 1744 is located within two water management districts, the local 1745 government shall adopt its comprehensive plan amendment within 1746 18 months after the later updated regional water supply plan. 1747 The element must identify such alternative water supply projects 1748 and traditional water supply projects and conservation and reuse 1749 necessary to meet the water needs identified in s. 373.709(2)(a) 1750 within the local government’s jurisdiction and include a work 1751 plan, covering at least a 10-year planning period, for building 1752 public, private, and regional water supply facilities, including 1753 development of alternative water supplies, which are identified 1754 in the element as necessary to serve existing and new 1755 development. The work plan shall be updated, at a minimum, every 1756 5 years within 18 months after the governing board of a water 1757 management district approves an updated regional water supply 1758 plan.Amendments to incorporate the work plan do not count1759toward the limitation on the frequency of adoption of amendments1760to the comprehensive plan.Local governments, public and private 1761 utilities, regional water supply authorities, special districts, 1762 and water management districts are encouraged to cooperatively 1763 plan for the development of multijurisdictional water supply 1764 facilities that are sufficient to meet projected demands for 1765 established planning periods, including the development of 1766 alternative water sources to supplement traditional sources of 1767 groundwater and surface water supplies. 1768 (d) A conservation element for the conservation, use, and 1769 protection of natural resources in the area, including air, 1770 water, water recharge areas, wetlands, waterwells, estuarine 1771 marshes, soils, beaches, shores, flood plains, rivers, bays, 1772 lakes, harbors, forests, fisheries and wildlife, marine habitat, 1773 minerals, and other natural and environmental resources, 1774 including factors that affect energy conservation. 1775 1. The following natural resources, where present within 1776 the local government’s boundaries, shall be identified and 1777 analyzed and existing recreational or conservation uses, known 1778 pollution problems, including hazardous wastes, and the 1779 potential for conservation, recreation, use, or protection shall 1780 also be identified: 1781 a. Rivers, bays, lakes, wetlands including estuarine 1782 marshes, groundwaters, and springs, including information on 1783 quality of the resource available. 1784 b. Floodplains. 1785 c. Known sources of commercially valuable minerals. 1786 d. Areas known to have experienced soil erosion problems. 1787 e. Areas that are the location of recreationally and 1788 commercially important fish or shellfish, wildlife, marine 1789 habitats, and vegetative communities, including forests, 1790 indicating known dominant species present and species listed by 1791 federal, state, or local government agencies as endangered, 1792 threatened, or species of special concern. 1793 2. The element must contain principles, guidelines, and 1794 standards for conservation that provide long-term goals and 1795 which: 1796 a. Protects air quality. 1797 b. Conserves, appropriately uses, and protects the quality 1798 and quantity of current and projected water sources and waters 1799 that flow into estuarine waters or oceanic waters and protect 1800 from activities and land uses known to affect adversely the 1801 quality and quantity of identified water sources, including 1802 natural groundwater recharge areas, wellhead protection areas, 1803 and surface waters used as a source of public water supply. 1804 c. Provides for the emergency conservation of water sources 1805 in accordance with the plans of the regional water management 1806 district. 1807 d. Conserves, appropriately uses, and protects minerals, 1808 soils, and native vegetative communities, including forests, 1809 from destruction by development activities. 1810 e. Conserves, appropriately uses, and protects fisheries, 1811 wildlife, wildlife habitat, and marine habitat and restricts 1812 activities known to adversely affect the survival of endangered 1813 and threatened wildlife. 1814 f. Protects existing natural reservations identified in the 1815 recreation and open space element. 1816 g. Maintains cooperation with adjacent local governments to 1817 conserve, appropriately use, or protect unique vegetative 1818 communities located within more than one local jurisdiction. 1819 h. Designates environmentally sensitive lands for 1820 protection based on locally determined criteria which further 1821 the goals and objectives of the conservation element. 1822 i. Manages hazardous waste to protect natural resources. 1823 j. Protects and conserves wetlands and the natural 1824 functions of wetlands. 1825 k. Directs future land uses that are incompatible with the 1826 protection and conservation of wetlands and wetland functions 1827 away from wetlands. The type, intensity or density, extent, 1828 distribution, and location of allowable land uses and the types, 1829 values, functions, sizes, conditions, and locations of wetlands 1830 are land use factors that shall be considered when directing 1831 incompatible land uses away from wetlands. Land uses shall be 1832 distributed in a manner that minimizes the effect and impact on 1833 wetlands. The protection and conservation of wetlands by the 1834 direction of incompatible land uses away from wetlands shall 1835 occur in combination with other principles, guidelines, 1836 standards, and strategies in the comprehensive plan. Where 1837 incompatible land uses are allowed to occur, mitigation shall be 1838 considered as one means to compensate for loss of wetlands 1839 functions. 1840 3.Local governments shall assess theirCurrent and, as1841well asprojected, waterneeds and sources for at least a 10 1842 year period based on the demands for industrial, agricultural, 1843 and potable water use and the quality and quantity of water 1844 available to meet these demands shall be analyzed. The analysis 1845 shall consider the existing levels of water conservation, use, 1846 and protection and applicable policies of the regional water 1847 management district and further must consider, consideringthe 1848 appropriate regional water supply plan approved pursuant to s. 1849 373.709, or, in the absence of an approved regional water supply 1850 plan, the district water management plan approved pursuant to s. 1851 373.036(2). This information shall be submitted to the 1852 appropriate agencies.The land use map or map series contained1853in the future land use element shall generally identify and1854depict the following:18551. Existing and planned waterwells and cones of influence1856where applicable.18572. Beaches and shores, including estuarine systems.18583. Rivers, bays, lakes, flood plains, and harbors.18594. Wetlands.18605. Minerals and soils.18616. Energy conservation.1862 1863The land uses identified on such maps shall be consistent with1864applicable state law and rules.1865 (e) A recreation and open space element indicating a 1866 comprehensive system of public and private sites for recreation, 1867 including, but not limited to, natural reservations, parks and 1868 playgrounds, parkways, beaches and public access to beaches, 1869 open spaces, waterways, and other recreational facilities. 1870 (f)1. A housing element consisting ofstandards, plans, and1871 principles, guidelines, standards, and strategies to be followed 1872 in: 1873 a. The provision of housing for all current and anticipated 1874 future residents of the jurisdiction. 1875 b. The elimination of substandard dwelling conditions. 1876 c. The structural and aesthetic improvement of existing 1877 housing. 1878 d. The provision of adequate sites for future housing, 1879 including affordable workforce housing as defined in s. 1880 380.0651(3)(j), housing for low-income, very low-income, and 1881 moderate-income families, mobile homes, and group home 1882 facilities and foster care facilities, with supporting 1883 infrastructure and public facilities. 1884 e. Provision for relocation housing and identification of 1885 historically significant and other housing for purposes of 1886 conservation, rehabilitation, or replacement. 1887 f. The formulation of housing implementation programs. 1888 g. The creation or preservation of affordable housing to 1889 minimize the need for additional local services and avoid the 1890 concentration of affordable housing units only in specific areas 1891 of the jurisdiction. 1892h. Energy efficiency in the design and construction of new1893housing.1894i. Use of renewable energy resources.1895j. Each county in which the gap between the buying power of1896a family of four and the median county home sale price exceeds1897$170,000, as determined by the Florida Housing Finance1898Corporation, and which is not designated as an area of critical1899state concern shall adopt a plan for ensuring affordable1900workforce housing. At a minimum, the plan shall identify1901adequate sites for such housing. For purposes of this sub1902subparagraph, the term “workforce housing” means housing that is1903affordable to natural persons or families whose total household1904income does not exceed 140 percent of the area median income,1905adjusted for household size.1906k. As a precondition to receiving any state affordable1907housing funding or allocation for any project or program within1908the jurisdiction of a county that is subject to sub-subparagraph1909j., a county must, by July 1 of each year, provide certification1910that the county has complied with the requirements of sub1911subparagraph j.1912 2. The principles, guidelines, standards, and strategies 1913goals, objectives, and policiesof the housing element must be 1914 based on the data and analysis prepared on housing needs, 1915 including an inventory taken from the latest decennial United 1916 States Census or more recent estimates, which shall include the 1917 number and distribution of dwelling units by type, tenure, age, 1918 rent, value, monthly cost of owner-occupied units, and rent or 1919 cost to income ratio, and shall show the number of dwelling 1920 units that are substandard. The inventory shall also include the 1921 methodology used to estimate the condition of housing, a 1922 projection of the anticipated number of households by size, 1923 income range, and age of residents derived from the population 1924 projections, and the minimum housing need of the current and 1925 anticipated future residents of the jurisdictionthe affordable1926housing needs assessment. 1927 3. The housing element must express principles, guidelines, 1928 standards, and strategies that reflect, as needed, the creation 1929 and preservation of affordable housing for all current and 1930 anticipated future residents of the jurisdiction, elimination of 1931 substandard housing conditions, adequate sites, and distribution 1932 of housing for a range of incomes and types, including mobile 1933 and manufactured homes. The element must provide for specific 1934 programs and actions to partner with private and nonprofit 1935 sectors to address housing needs in the jurisdiction, streamline 1936 the permitting process, and minimize costs and delays for 1937 affordable housing, establish standards to address the quality 1938 of housing, stabilization of neighborhoods, and identification 1939 and improvement of historically significant housing. 1940 4. State and federal housing plans prepared on behalf of 1941 the local government must be consistent with the goals, 1942 objectives, and policies of the housing element. Local 1943 governments are encouraged to use job training, job creation, 1944 and economic solutions to address a portion of their affordable 1945 housing concerns. 1946 5. As part of this element, a local government that has a 1947 coastal management element in its comprehensive plan may develop 1948 an adaptation action area designation for those low-lying 1949 coastal zones that are experiencing coastal flooding due to 1950 extreme high tides and storm surge and are vulnerable to the 1951 impacts of rising sea level. Local governments that adopt an 1952 adaptation action area may consider policies within the coastal 1953 management element to improve resilience to coastal flooding 1954 resulting from high-tide events, storm surge, flash floods, 1955 stormwater runoff, and related impacts of sea level rise. 1956 Criteria for the adaptation action area may include, but need 1957 not be limited to, areas for which the land elevations are 1958 below, at, or near mean higher high water, which have an 1959 hydrologic connection to coastal waters, or which are designated 1960 as evacuation zones for storm surge. 19612. To assist local governments in housing data collection1962and analysis and assure uniform and consistent information1963regarding the state’s housing needs, the state land planning1964agency shall conduct an affordable housing needs assessment for1965all local jurisdictions on a schedule that coordinates the1966implementation of the needs assessment with the evaluation and1967appraisal reports required by s.163.3191. Each local government1968shall utilize the data and analysis from the needs assessment as1969one basis for the housing element of its local comprehensive1970plan. The agency shall allow a local government the option to1971perform its own needs assessment, if it uses the methodology1972established by the agency by rule.1973 (g)1.For those units of local government identified in s. 1974 380.24, a coastal management element, appropriately related to 1975 the particular requirements of paragraphs (d) and (e) and 1976 meeting the requirements of s. 163.3178(2) and (3). The coastal 1977 management element shall set forth the principles, guidelines, 1978 standards, and strategiespoliciesthat shall guide the local 1979 government’s decisions and program implementation with respect 1980 to the following objectives: 1981 1.a.Maintain, restore, and enhanceMaintenance,1982restoration, and enhancement ofthe overall quality of the 1983 coastal zone environment, including, but not limited to, its 1984 amenities and aesthetic values. 1985 2.b.Preserve the continued existence of viable populations 1986 of all species of wildlife and marine life. 1987 3.c.Protect the orderly and balanced utilization and 1988 preservation, consistent with sound conservation principles, of 1989 all living and nonliving coastal zone resources. 1990 4.d.AvoidAvoidance ofirreversible and irretrievable loss 1991 of coastal zone resources. 1992 5.e.Use ecological planning principles and assumptionsto1993be usedin the determination of the suitabilityand extentof 1994 permitted development. 1995f. Proposed management and regulatory techniques.1996 6.g.LimitLimitation ofpublic expenditures that subsidize 1997 development inhigh-hazardcoastal high-hazard areas. 1998 7.h.ProtectProtection ofhuman life against the effects 1999 of natural disasters. 2000 8.i.Direct the orderly development, maintenance, and use 2001 of ports identified in s. 403.021(9) to facilitate deepwater 2002 commercial navigation and other related activities. 2003 9.j.Preserve historic and archaeological resources, which 2004 include thePreservation, includingsensitive adaptive use of 2005 thesehistoric and archaeologicalresources. 20062. As part of this element, a local government that has a2007coastal management element in its comprehensive plan is2008encouraged to adopt recreational surface water use policies that2009include applicable criteria for and consider such factors as2010natural resources, manatee protection needs, protection of2011working waterfronts and public access to the water, and2012recreation and economic demands. Criteria for manatee protection2013in the recreational surface water use policies should reflect2014applicable guidance outlined in the Boat Facility Siting Guide2015prepared by the Fish and Wildlife Conservation Commission. If2016the local government elects to adopt recreational surface water2017use policies by comprehensive plan amendment, such comprehensive2018plan amendment is exempt from the provisions of s.163.3187(1).2019Local governments that wish to adopt recreational surface water2020use policies may be eligible for assistance with the development2021of such policies through the Florida Coastal Management Program.2022The Office of Program Policy Analysis and Government2023Accountability shall submit a report on the adoption of2024recreational surface water use policies under this subparagraph2025to the President of the Senate, the Speaker of the House of2026Representatives, and the majority and minority leaders of the2027Senate and the House of Representatives no later than December20281, 2010.2029 (h)1. An intergovernmental coordination element showing 2030 relationships and stating principles and guidelines to be used 2031 in coordinating the adopted comprehensive plan with the plans of 2032 school boards, regional water supply authorities, and other 2033 units of local government providing services but not having 2034 regulatory authority over the use of land, with the 2035 comprehensive plans of adjacent municipalities, the county, 2036 adjacent counties, or the region, with the state comprehensive 2037 plan and with the applicable regional water supply plan approved 2038 pursuant to s. 373.709, as the case may require and as such 2039 adopted plans or plans in preparation may exist. This element of 2040 the local comprehensive plan must demonstrate consideration of 2041 the particular effects of the local plan, when adopted, upon the 2042 development of adjacent municipalities, the county, adjacent 2043 counties, or the region, or upon the state comprehensive plan, 2044 as the case may require. 2045 a. The intergovernmental coordination element must provide 2046 procedures for identifying and implementing joint planning 2047 areas, especially for the purpose of annexation, municipal 2048 incorporation, and joint infrastructure service areas. 2049b. The intergovernmental coordination element must provide2050for recognition of campus master plans prepared pursuant to s.20511013.30and airport master plans under paragraph (k).2052 b.c.The intergovernmental coordination element shall 2053 provide for a dispute resolution process, as established 2054 pursuant to s. 186.509, for bringing intergovernmental disputes 2055 to closure in a timely manner. 2056 c.d.The intergovernmental coordination element shall 2057 provide for interlocal agreements as established pursuant to s. 2058 333.03(1)(b). 2059 2. The intergovernmental coordination element shall also 2060 state principles and guidelines to be used in coordinating the 2061 adopted comprehensive plan with the plans of school boards and 2062 other units of local government providing facilities and 2063 services but not having regulatory authority over the use of 2064 land. In addition, the intergovernmental coordination element 2065 must describe joint processes for collaborative planning and 2066 decisionmaking on population projections and public school 2067 siting, the location and extension of public facilities subject 2068 to concurrency, and siting facilities with countywide 2069 significance, including locally unwanted land uses whose nature 2070 and identity are established in an agreement. 2071 3. Within 1 year after adopting their intergovernmental 2072 coordination elements, each county, all the municipalities 2073 within that county, the district school board, and any unit of 2074 local government service providers in that county shall 2075 establish by interlocal or other formal agreement executed by 2076 all affected entities, the joint processes described in this 2077 subparagraph consistent with their adopted intergovernmental 2078 coordination elements. The element must: 2079 a. Ensure that the local government addresses through 2080 coordination mechanisms the impacts of development proposed in 2081 the local comprehensive plan upon development in adjacent 2082 municipalities, the county, adjacent counties, the region, and 2083 the state. The area of concern for municipalities shall include 2084 adjacent municipalities, the county, and counties adjacent to 2085 the municipality. The area of concern for counties shall include 2086 all municipalities within the county, adjacent counties, and 2087 adjacent municipalities. 2088 b. Ensure coordination in establishing level of service 2089 standards for public facilities with any state, regional, or 2090 local entity having operational and maintenance responsibility 2091 for such facilities. 20923. To foster coordination between special districts and2093local general-purpose governments as local general-purpose2094governments implement local comprehensive plans, each2095independent special district must submit a public facilities2096report to the appropriate local government as required by s.2097189.415.20984. Local governments shall execute an interlocal agreement2099with the district school board, the county, and nonexempt2100municipalities pursuant to s.163.31777. The local government2101shall amend the intergovernmental coordination element to ensure2102that coordination between the local government and school board2103is pursuant to the agreement and shall state the obligations of2104the local government under the agreement. Plan amendments that2105comply with this subparagraph are exempt from the provisions of2106s.163.3187(1).21075. By January 1, 2004, any county having a population2108greater than 100,000, and the municipalities and special2109districts within that county, shall submit a report to the2110Department of Community Affairs which identifies:2111a. All existing or proposed interlocal service delivery2112agreements relating to education; sanitary sewer; public safety;2113solid waste; drainage; potable water; parks and recreation; and2114transportation facilities.2115b. Any deficits or duplication in the provision of services2116within its jurisdiction, whether capital or operational. Upon2117request, the Department of Community Affairs shall provide2118technical assistance to the local governments in identifying2119deficits or duplication.21206. Within 6 months after submission of the report, the2121Department of Community Affairs shall, through the appropriate2122regional planning council, coordinate a meeting of all local2123governments within the regional planning area to discuss the2124reports and potential strategies to remedy any identified2125deficiencies or duplications.21267. Each local government shall update its intergovernmental2127coordination element based upon the findings in the report2128submitted pursuant to subparagraph 5. The report may be used as2129supporting data and analysis for the intergovernmental2130coordination element.2131(i) The optional elements of the comprehensive plan in2132paragraphs (7)(a) and (b) are required elements for those2133municipalities having populations greater than 50,000, and those2134counties having populations greater than 75,000, as determined2135under s.186.901.2136(j) For each unit of local government within an urbanized2137area designated for purposes of s.339.175, a transportation2138element, which must be prepared and adopted in lieu of the2139requirements of paragraph (b) and paragraphs (7)(a), (b), (c),2140and (d) and which shall address the following issues:21411. Traffic circulation, including major thoroughfares and2142other routes, including bicycle and pedestrian ways.21432. All alternative modes of travel, such as public2144transportation, pedestrian, and bicycle travel.21453. Parking facilities.21464. Aviation, rail, seaport facilities, access to those2147facilities, and intermodal terminals.21485. The availability of facilities and services to serve2149existing land uses and the compatibility between future land use2150and transportation elements.21516. The capability to evacuate the coastal population prior2152to an impending natural disaster.21537. Airports, projected airport and aviation development,2154and land use compatibility around airports, which includes areas2155defined in ss.333.01and333.02.21568. An identification of land use densities, building2157intensities, and transportation management programs to promote2158public transportation systems in designated public2159transportation corridors so as to encourage population densities2160sufficient to support such systems.21619. May include transportation corridors, as defined in s.2162334.03, intended for future transportation facilities designated2163pursuant to s.337.273. If transportation corridors are2164designated, the local government may adopt a transportation2165corridor management ordinance.216610. The incorporation of transportation strategies to2167address reduction in greenhouse gas emissions from the2168transportation sector.2169(k) An airport master plan, and any subsequent amendments2170to the airport master plan, prepared by a licensed publicly2171owned and operated airport under s.333.06may be incorporated2172into the local government comprehensive plan by the local2173government having jurisdiction under this act for the area in2174which the airport or projected airport development is located by2175the adoption of a comprehensive plan amendment. In the amendment2176to the local comprehensive plan that integrates the airport2177master plan, the comprehensive plan amendment shall address land2178use compatibility consistent with chapter 333 regarding airport2179zoning; the provision of regional transportation facilities for2180the efficient use and operation of the transportation system and2181airport; consistency with the local government transportation2182circulation element and applicable metropolitan planning2183organization long-range transportation plans; and the execution2184of any necessary interlocal agreements for the purposes of the2185provision of public facilities and services to maintain the2186adopted level-of-service standards for facilities subject to2187concurrency; and may address airport-related or aviation-related2188development. Development or expansion of an airport consistent2189with the adopted airport master plan that has been incorporated2190into the local comprehensive plan in compliance with this part,2191and airport-related or aviation-related development that has2192been addressed in the comprehensive plan amendment that2193incorporates the airport master plan, shall not be a development2194of regional impact. Notwithstanding any other general law, an2195airport that has received a development-of-regional-impact2196development order pursuant to s.380.06, but which is no longer2197required to undergo development-of-regional-impact review2198pursuant to this subsection, may abandon its development-of2199regional-impact order upon written notification to the2200applicable local government. Upon receipt by the local2201government, the development-of-regional-impact development order2202is void.2203(7) The comprehensive plan may include the following2204additional elements, or portions or phases thereof:2205(a) As a part of the circulation element of paragraph2206(6)(b) or as a separate element, a mass-transit element showing2207proposed methods for the moving of people, rights-of-way,2208terminals, related facilities, and fiscal considerations for the2209accomplishment of the element.2210(b) As a part of the circulation element of paragraph2211(6)(b) or as a separate element, plans for port, aviation, and2212related facilities coordinated with the general circulation and2213transportation element.2214(c) As a part of the circulation element of paragraph2215(6)(b) and in coordination with paragraph (6)(e), where2216applicable, a plan element for the circulation of recreational2217traffic, including bicycle facilities, exercise trails, riding2218facilities, and such other matters as may be related to the2219improvement and safety of movement of all types of recreational2220traffic.2221(d) As a part of the circulation element of paragraph2222(6)(b) or as a separate element, a plan element for the2223development of offstreet parking facilities for motor vehicles2224and the fiscal considerations for the accomplishment of the2225element.2226(e) A public buildings and related facilities element2227showing locations and arrangements of civic and community2228centers, public schools, hospitals, libraries, police and fire2229stations, and other public buildings. This plan element should2230show particularly how it is proposed to effect coordination with2231governmental units, such as school boards or hospital2232authorities, having public development and service2233responsibilities, capabilities, and potential but not having2234land development regulatory authority. This element may include2235plans for architecture and landscape treatment of their grounds.2236(f) A recommended community design element which may2237consist of design recommendations for land subdivision,2238neighborhood development and redevelopment, design of open space2239locations, and similar matters to the end that such2240recommendations may be available as aids and guides to2241developers in the future planning and development of land in the2242area.2243(g) A general area redevelopment element consisting of2244plans and programs for the redevelopment of slums and blighted2245locations in the area and for community redevelopment, including2246housing sites, business and industrial sites, public buildings2247sites, recreational facilities, and other purposes authorized by2248law.2249(h) A safety element for the protection of residents and2250property of the area from fire, hurricane, or manmade or natural2251catastrophe, including such necessary features for protection as2252evacuation routes and their control in an emergency, water2253supply requirements, minimum road widths, clearances around and2254elevations of structures, and similar matters.2255(i) An historical and scenic preservation element setting2256out plans and programs for those structures or lands in the area2257having historical, archaeological, architectural, scenic, or2258similar significance.2259(j) An economic element setting forth principles and2260guidelines for the commercial and industrial development, if2261any, and the employment and personnel utilization within the2262area. The element may detail the type of commercial and2263industrial development sought, correlated to the present and2264projected employment needs of the area and to other elements of2265the plans, and may set forth methods by which a balanced and2266stable economic base will be pursued.2267(k) Such other elements as may be peculiar to, and2268necessary for, the area concerned and as are added to the2269comprehensive plan by the governing body upon the recommendation2270of the local planning agency.2271(l) Local governments that are not required to prepare2272coastal management elements under s.163.3178are encouraged to2273adopt hazard mitigation/postdisaster redevelopment plans. These2274plans should, at a minimum, establish long-term policies2275regarding redevelopment, infrastructure, densities,2276nonconforming uses, and future land use patterns. Grants to2277assist local governments in the preparation of these hazard2278mitigation/postdisaster redevelopment plans shall be available2279through the Emergency Management Preparedness and Assistance2280Account in the Grants and Donations Trust Fund administered by2281the department, if such account is created by law. The plans2282must be in compliance with the requirements of this act and2283chapter 252.2284(8) All elements of the comprehensive plan, whether2285mandatory or optional, shall be based upon data appropriate to2286the element involved. Surveys and studies utilized in the2287preparation of the comprehensive plan shall not be deemed a part2288of the comprehensive plan unless adopted as a part of it. Copies2289of such studies, surveys, and supporting documents shall be made2290available to public inspection, and copies of such plans shall2291be made available to the public upon payment of reasonable2292charges for reproduction.2293(9) The state land planning agency shall, by February 15,22941986, adopt by rule minimum criteria for the review and2295determination of compliance of the local government2296comprehensive plan elements required by this act. Such rules2297shall not be subject to rule challenges under s.120.56(2) or to2298drawout proceedings under s.120.54(3)(c)2. Such rules shall2299become effective only after they have been submitted to the2300President of the Senate and the Speaker of the House of2301Representatives for review by the Legislature no later than 302302days prior to the next regular session of the Legislature. In2303its review the Legislature may reject, modify, or take no action2304relative to the rules. The agency shall conform the rules to the2305changes made by the Legislature, or, if no action was taken, the2306agency rules shall become effective. The rule shall include2307criteria for determining whether:2308(a) Proposed elements are in compliance with the2309requirements of part II, as amended by this act.2310(b) Other elements of the comprehensive plan are related to2311and consistent with each other.2312(c) The local government comprehensive plan elements are2313consistent with the state comprehensive plan and the appropriate2314regional policy plan pursuant to s.186.508.2315(d) Certain bays, estuaries, and harbors that fall under2316the jurisdiction of more than one local government are managed2317in a consistent and coordinated manner in the case of local2318governments required to include a coastal management element in2319their comprehensive plans pursuant to paragraph (6)(g).2320(e) Proposed elements identify the mechanisms and2321procedures for monitoring, evaluating, and appraising2322implementation of the plan. Specific measurable objectives are2323included to provide a basis for evaluating effectiveness as2324required by s.163.3191.2325(f) Proposed elements contain policies to guide future2326decisions in a consistent manner.2327(g) Proposed elements contain programs and activities to2328ensure that comprehensive plans are implemented.2329(h) Proposed elements identify the need for and the2330processes and procedures to ensure coordination of all2331development activities and services with other units of local2332government, regional planning agencies, water management2333districts, and state and federal agencies as appropriate.2334 2335The state land planning agency may adopt procedural rules that2336are consistent with this section and chapter 120 for the review2337of local government comprehensive plan elements required under2338this section. The state land planning agency shall provide model2339plans and ordinances and, upon request, other assistance to2340local governments in the adoption and implementation of their2341revised local government comprehensive plans. The review and2342comment provisions applicable prior to October 1, 1985, shall2343continue in effect until the criteria for review and2344determination are adopted pursuant to this subsection and the2345comprehensive plans required by s.163.3167(2) are due.2346(10) The Legislature recognizes the importance and2347significance of chapter 9J-5, Florida Administrative Code, the2348Minimum Criteria for Review of Local Government Comprehensive2349Plans and Determination of Compliance of the Department of2350Community Affairs that will be used to determine compliance of2351local comprehensive plans. The Legislature reserved unto itself2352the right to review chapter 9J-5, Florida Administrative Code,2353and to reject, modify, or take no action relative to this rule.2354Therefore, pursuant to subsection (9), the Legislature hereby2355has reviewed chapter 9J-5, Florida Administrative Code, and2356expresses the following legislative intent:2357(a) The Legislature finds that in order for the department2358to review local comprehensive plans, it is necessary to define2359the term “consistency.” Therefore, for the purpose of2360determining whether local comprehensive plans are consistent2361with the state comprehensive plan and the appropriate regional2362policy plan, a local plan shall be consistent with such plans if2363the local plan is “compatible with” and “furthers” such plans.2364The term “compatible with” means that the local plan is not in2365conflict with the state comprehensive plan or appropriate2366regional policy plan. The term “furthers” means to take action2367in the direction of realizing goals or policies of the state or2368regional plan. For the purposes of determining consistency of2369the local plan with the state comprehensive plan or the2370appropriate regional policy plan, the state or regional plan2371shall be construed as a whole and no specific goal and policy2372shall be construed or applied in isolation from the other goals2373and policies in the plans.2374(b) Each local government shall review all the state2375comprehensive plan goals and policies and shall address in its2376comprehensive plan the goals and policies which are relevant to2377the circumstances or conditions in its jurisdiction. The2378decision regarding which particular state comprehensive plan2379goals and policies will be furthered by the expenditure of a2380local government’s financial resources in any given year is a2381decision which rests solely within the discretion of the local2382government. Intergovernmental coordination, as set forth in2383paragraph (6)(h), shall be utilized to the extent required to2384carry out the provisions of chapter 9J-5, Florida Administrative2385Code.2386(c) The Legislature declares that if any portion of chapter23879J-5, Florida Administrative Code, is found to be in conflict2388with this part, the appropriate statutory provision shall2389prevail.2390(d) Chapter 9J-5, Florida Administrative Code, does not2391mandate the creation, limitation, or elimination of regulatory2392authority, nor does it authorize the adoption or require the2393repeal of any rules, criteria, or standards of any local,2394regional, or state agency.2395(e) It is the Legislature’s intent that support data or2396summaries thereof shall not be subject to the compliance review2397process, but the Legislature intends that goals and policies be2398clearly based on appropriate data. The department may utilize2399support data or summaries thereof to aid in its determination of2400compliance and consistency. The Legislature intends that the2401department may evaluate the application of a methodology2402utilized in data collection or whether a particular methodology2403is professionally accepted. However, the department shall not2404evaluate whether one accepted methodology is better than2405another. Chapter 9J-5, Florida Administrative Code, shall not be2406construed to require original data collection by local2407governments; however, Local governments are not to be2408discouraged from utilizing original data so long as2409methodologies are professionally accepted.2410(f) The Legislature recognizes that under this section,2411local governments are charged with setting levels of service for2412public facilities in their comprehensive plans in accordance2413with which development orders and permits will be issued2414pursuant to s.163.3202(2)(g). Nothing herein shall supersede2415the authority of state, regional, or local agencies as otherwise2416provided by law.2417(g) Definitions contained in chapter 9J-5, Florida2418Administrative Code, are not intended to modify or amend the2419definitions utilized for purposes of other programs or rules or2420to establish or limit regulatory authority. Local governments2421may establish alternative definitions in local comprehensive2422plans, as long as such definitions accomplish the intent of this2423chapter, and chapter 9J-5, Florida Administrative Code.2424(h) It is the intent of the Legislature that public2425facilities and services needed to support development shall be2426available concurrent with the impacts of such development in2427accordance with s.163.3180. In meeting this intent, public2428facility and service availability shall be deemed sufficient if2429the public facilities and services for a development are phased,2430or the development is phased, so that the public facilities and2431those related services which are deemed necessary by the local2432government to operate the facilities necessitated by that2433development are available concurrent with the impacts of the2434development. The public facilities and services, unless already2435available, are to be consistent with the capital improvements2436element of the local comprehensive plan as required by paragraph2437(3)(a) or guaranteed in an enforceable development agreement.2438This shall include development agreements pursuant to this2439chapter or in an agreement or a development order issued2440pursuant to chapter 380. Nothing herein shall be construed to2441require a local government to address services in its capital2442improvements plan or to limit a local government’s ability to2443address any service in its capital improvements plan that it2444deems necessary.2445(i) The department shall take into account the factors2446delineated in rule 9J-5.002(2), Florida Administrative Code, as2447it provides assistance to local governments and applies the rule2448in specific situations with regard to the detail of the data and2449analysis required.2450(j) Chapter 9J-5, Florida Administrative Code, has become2451effective pursuant to subsection (9). The Legislature hereby2452directs the department to adopt amendments as necessary which2453conform chapter 9J-5, Florida Administrative Code, with the2454requirements of this legislative intent by October 1, 1986.2455(k) In order for local governments to prepare and adopt2456comprehensive plans with knowledge of the rules that are applied2457to determine consistency of the plans with this part, there2458should be no doubt as to the legal standing of chapter 9J-5,2459Florida Administrative Code, at the close of the 19862460legislative session. Therefore, the Legislature declares that2461changes made to chapter 9J-5 before October 1, 1986, are not2462subject to rule challenges under s.120.56(2), or to drawout2463proceedings under s.120.54(3)(c)2. The entire chapter 9J-5,2464Florida Administrative Code, as amended, is subject to rule2465challenges under s.120.56(3), as nothing herein indicates2466approval or disapproval of any portion of chapter 9J-5 not2467specifically addressed herein. Any amendments to chapter 9J-5,2468Florida Administrative Code, exclusive of the amendments adopted2469prior to October 1, 1986, pursuant to this act, shall be subject2470to the full chapter 120 process. All amendments shall have2471effective dates as provided in chapter 120 and submission to the2472President of the Senate and Speaker of the House of2473Representatives shall not be required.2474(l) The state land planning agency shall consider land use2475compatibility issues in the vicinity of all airports in2476coordination with the Department of Transportation and adjacent2477to or in close proximity to all military installations in2478coordination with the Department of Defense.2479(11)(a) The Legislature recognizes the need for innovative2480planning and development strategies which will address the2481anticipated demands of continued urbanization of Florida’s2482coastal and other environmentally sensitive areas, and which2483will accommodate the development of less populated regions of2484the state which seek economic development and which have2485suitable land and water resources to accommodate growth in an2486environmentally acceptable manner. The Legislature further2487recognizes the substantial advantages of innovative approaches2488to development which may better serve to protect environmentally2489sensitive areas, maintain the economic viability of agricultural2490and other predominantly rural land uses, and provide for the2491cost-efficient delivery of public facilities and services.2492(b) It is the intent of the Legislature that the local2493government comprehensive plans and plan amendments adopted2494pursuant to the provisions of this part provide for a planning2495process which allows for land use efficiencies within existing2496urban areas and which also allows for the conversion of rural2497lands to other uses, where appropriate and consistent with the2498other provisions of this part and the affected local2499comprehensive plans, through the application of innovative and2500flexible planning and development strategies and creative land2501use planning techniques, which may include, but not be limited2502to, urban villages, new towns, satellite communities, area-based2503allocations, clustering and open space provisions, mixed-use2504development, and sector planning.2505(c) It is the further intent of the Legislature that local2506government comprehensive plans and implementing land development2507regulations shall provide strategies which maximize the use of2508existing facilities and services through redevelopment, urban2509infill development, and other strategies for urban2510revitalization.2511(d)1. The department, in cooperation with the Department of2512Agriculture and Consumer Services, the Department of2513Environmental Protection, water management districts, and2514regional planning councils, shall provide assistance to local2515governments in the implementation of this paragraph and rule 9J25165.006(5)(l), Florida Administrative Code. Implementation of2517those provisions shall include a process by which the department2518may authorize local governments to designate all or portions of2519lands classified in the future land use element as predominantly2520agricultural, rural, open, open-rural, or a substantively2521equivalent land use, as a rural land stewardship area within2522which planning and economic incentives are applied to encourage2523the implementation of innovative and flexible planning and2524development strategies and creative land use planning2525techniques, including those contained herein and in rule 9J25265.006(5)(l), Florida Administrative Code. Assistance may2527include, but is not limited to:2528a. Assistance from the Department of Environmental2529Protection and water management districts in creating the2530geographic information systems land cover database and aerial2531photogrammetry needed to prepare for a rural land stewardship2532area;2533b. Support for local government implementation of rural2534land stewardship concepts by providing information and2535assistance to local governments regarding land acquisition2536programs that may be used by the local government or landowners2537to leverage the protection of greater acreage and maximize the2538effectiveness of rural land stewardship areas; and2539c. Expansion of the role of the Department of Community2540Affairs as a resource agency to facilitate establishment of2541rural land stewardship areas in smaller rural counties that do2542not have the staff or planning budgets to create a rural land2543stewardship area.25442. The department shall encourage participation by local2545governments of different sizes and rural characteristics in2546establishing and implementing rural land stewardship areas. It2547is the intent of the Legislature that rural land stewardship2548areas be used to further the following broad principles of rural2549sustainability: restoration and maintenance of the economic2550value of rural land; control of urban sprawl; identification and2551protection of ecosystems, habitats, and natural resources;2552promotion of rural economic activity; maintenance of the2553viability of Florida’s agricultural economy; and protection of2554the character of rural areas of Florida. Rural land stewardship2555areas may be multicounty in order to encourage coordinated2556regional stewardship planning.25573. A local government, in conjunction with a regional2558planning council, a stakeholder organization of private land2559owners, or another local government, shall notify the department2560in writing of its intent to designate a rural land stewardship2561area. The written notification shall describe the basis for the2562designation, including the extent to which the rural land2563stewardship area enhances rural land values, controls urban2564sprawl, provides necessary open space for agriculture and2565protection of the natural environment, promotes rural economic2566activity, and maintains rural character and the economic2567viability of agriculture.25684. A rural land stewardship area shall be not less than256910,000 acres and shall be located outside of municipalities and2570established urban growth boundaries, and shall be designated by2571plan amendment. The plan amendment designating a rural land2572stewardship area shall be subject to review by the Department of2573Community Affairs pursuant to s.163.3184and shall provide for2574the following:2575a. Criteria for the designation of receiving areas within2576rural land stewardship areas in which innovative planning and2577development strategies may be applied. Criteria shall at a2578minimum provide for the following: adequacy of suitable land to2579accommodate development so as to avoid conflict with2580environmentally sensitive areas, resources, and habitats;2581compatibility between and transition from higher density uses to2582lower intensity rural uses; the establishment of receiving area2583service boundaries which provide for a separation between2584receiving areas and other land uses within the rural land2585stewardship area through limitations on the extension of2586services; and connection of receiving areas with the rest of the2587rural land stewardship area using rural design and rural road2588corridors.2589b. Goals, objectives, and policies setting forth the2590innovative planning and development strategies to be applied2591within rural land stewardship areas pursuant to the provisions2592of this section.2593c. A process for the implementation of innovative planning2594and development strategies within the rural land stewardship2595area, including those described in this subsection and rule 9J25965.006(5)(l), Florida Administrative Code, which provide for a2597functional mix of land uses, including adequate available2598workforce housing, including low, very-low and moderate income2599housing for the development anticipated in the receiving area2600and which are applied through the adoption by the local2601government of zoning and land development regulations applicable2602to the rural land stewardship area.2603d. A process which encourages visioning pursuant to s.2604163.3167(11) to ensure that innovative planning and development2605strategies comply with the provisions of this section.2606e. The control of sprawl through the use of innovative2607strategies and creative land use techniques consistent with the2608provisions of this subsection and rule 9J-5.006(5)(l), Florida2609Administrative Code.26105. A receiving area shall be designated by the adoption of2611a land development regulation. Prior to the designation of a2612receiving area, the local government shall provide the2613Department of Community Affairs a period of 30 days in which to2614review a proposed receiving area for consistency with the rural2615land stewardship area plan amendment and to provide comments to2616the local government. At the time of designation of a2617stewardship receiving area, a listed species survey will be2618performed. If listed species occur on the receiving area site,2619the developer shall coordinate with each appropriate local,2620state, or federal agency to determine if adequate provisions2621have been made to protect those species in accordance with2622applicable regulations. In determining the adequacy of2623provisions for the protection of listed species and their2624habitats, the rural land stewardship area shall be considered as2625a whole, and the impacts to areas to be developed as receiving2626areas shall be considered together with the environmental2627benefits of areas protected as sending areas in fulfilling this2628criteria.26296. Upon the adoption of a plan amendment creating a rural2630land stewardship area, the local government shall, by ordinance,2631establish the methodology for the creation, conveyance, and use2632of transferable rural land use credits, otherwise referred to as2633stewardship credits, the application of which shall not2634constitute a right to develop land, nor increase density of2635land, except as provided by this section. The total amount of2636transferable rural land use credits within the rural land2637stewardship area must enable the realization of the long-term2638vision and goals for the 25-year or greater projected population2639of the rural land stewardship area, which may take into2640consideration the anticipated effect of the proposed receiving2641areas. Transferable rural land use credits are subject to the2642following limitations:2643a. Transferable rural land use credits may only exist2644within a rural land stewardship area.2645b. Transferable rural land use credits may only be used on2646lands designated as receiving areas and then solely for the2647purpose of implementing innovative planning and development2648strategies and creative land use planning techniques adopted by2649the local government pursuant to this section.2650c. Transferable rural land use credits assigned to a parcel2651of land within a rural land stewardship area shall cease to2652exist if the parcel of land is removed from the rural land2653stewardship area by plan amendment.2654d. Neither the creation of the rural land stewardship area2655by plan amendment nor the assignment of transferable rural land2656use credits by the local government shall operate to displace2657the underlying density of land uses assigned to a parcel of land2658within the rural land stewardship area; however, if transferable2659rural land use credits are transferred from a parcel for use2660within a designated receiving area, the underlying density2661assigned to the parcel of land shall cease to exist.2662e. The underlying density on each parcel of land located2663within a rural land stewardship area shall not be increased or2664decreased by the local government, except as a result of the2665conveyance or use of transferable rural land use credits, as2666long as the parcel remains within the rural land stewardship2667area.2668f. Transferable rural land use credits shall cease to exist2669on a parcel of land where the underlying density assigned to the2670parcel of land is utilized.2671g. An increase in the density of use on a parcel of land2672located within a designated receiving area may occur only2673through the assignment or use of transferable rural land use2674credits and shall not require a plan amendment.2675h. A change in the density of land use on parcels located2676within receiving areas shall be specified in a development order2677which reflects the total number of transferable rural land use2678credits assigned to the parcel of land and the infrastructure2679and support services necessary to provide for a functional mix2680of land uses corresponding to the plan of development.2681i. Land within a rural land stewardship area may be removed2682from the rural land stewardship area through a plan amendment.2683j. Transferable rural land use credits may be assigned at2684different ratios of credits per acre according to the natural2685resource or other beneficial use characteristics of the land and2686according to the land use remaining following the transfer of2687credits, with the highest number of credits per acre assigned to2688the most environmentally valuable land or, in locations where2689the retention of open space and agricultural land is a priority,2690to such lands.2691k. The use or conveyance of transferable rural land use2692credits must be recorded in the public records of the county in2693which the property is located as a covenant or restrictive2694easement running with the land in favor of the county and either2695the Department of Environmental Protection, Department of2696Agriculture and Consumer Services, a water management district,2697or a recognized statewide land trust.26987. Owners of land within rural land stewardship areas2699should be provided incentives to enter into rural land2700stewardship agreements, pursuant to existing law and rules2701adopted thereto, with state agencies, water management2702districts, and local governments to achieve mutually agreed upon2703conservation objectives. Such incentives may include, but not be2704limited to, the following:2705a. Opportunity to accumulate transferable mitigation2706credits.2707b. Extended permit agreements.2708c. Opportunities for recreational leases and ecotourism.2709d. Payment for specified land management services on2710publicly owned land, or property under covenant or restricted2711easement in favor of a public entity.2712e. Option agreements for sale to public entities or private2713land conservation entities, in either fee or easement, upon2714achievement of conservation objectives.27158. The department shall report to the Legislature on an2716annual basis on the results of implementation of rural land2717stewardship areas authorized by the department, including2718successes and failures in achieving the intent of the2719Legislature as expressed in this paragraph.2720(e) The Legislature finds that mixed-use, high-density2721development is appropriate for urban infill and redevelopment2722areas. Mixed-use projects accommodate a variety of uses,2723including residential and commercial, and usually at higher2724densities that promote pedestrian-friendly, sustainable2725communities. The Legislature recognizes that mixed-use, high2726density development improves the quality of life for residents2727and businesses in urban areas. The Legislature finds that mixed2728use, high-density redevelopment and infill benefits residents by2729creating a livable community with alternative modes of2730transportation. Furthermore, the Legislature finds that local2731zoning ordinances often discourage mixed-use, high-density2732development in areas that are appropriate for urban infill and2733redevelopment. The Legislature intends to discourage single-use2734zoning in urban areas which often leads to lower-density, land2735intensive development outside an urban service area. Therefore,2736the Department of Community Affairs shall provide technical2737assistance to local governments in order to encourage mixed-use,2738high-density urban infill and redevelopment projects.2739(f) The Legislature finds that a program for the transfer2740of development rights is a useful tool to preserve historic2741buildings and create public open spaces in urban areas. A2742program for the transfer of development rights allows the2743transfer of density credits from historic properties and public2744open spaces to areas designated for high-density development.2745The Legislature recognizes that high-density development is2746integral to the success of many urban infill and redevelopment2747projects. The Legislature intends to encourage high-density2748urban infill and redevelopment while preserving historic2749structures and open spaces. Therefore, the Department of2750Community Affairs shall provide technical assistance to local2751governments in order to promote the transfer of development2752rights within urban areas for high-density infill and2753redevelopment projects.2754(g) The implementation of this subsection shall be subject2755to the provisions of this chapter, chapters 186 and 187, and2756applicable agency rules.2757(h) The department may adopt rules necessary to implement2758the provisions of this subsection.2759(12) A public school facilities element adopted to2760implement a school concurrency program shall meet the2761requirements of this subsection. Each county and each2762municipality within the county, unless exempt or subject to a2763waiver, must adopt a public school facilities element that is2764consistent with those adopted by the other local governments2765within the county and enter the interlocal agreement pursuant to2766s.163.31777.2767(a) The state land planning agency may provide a waiver to2768a county and to the municipalities within the county if the2769capacity rate for all schools within the school district is no2770greater than 100 percent and the projected 5-year capital outlay2771full-time equivalent student growth rate is less than 102772percent. The state land planning agency may allow for a2773projected 5-year capital outlay full-time equivalent student2774growth rate to exceed 10 percent when the projected 10-year2775capital outlay full-time equivalent student enrollment is less2776than 2,000 students and the capacity rate for all schools within2777the school district in the tenth year will not exceed the 1002778percent limitation. The state land planning agency may allow for2779a single school to exceed the 100-percent limitation if it can2780be demonstrated that the capacity rate for that single school is2781not greater than 105 percent. In making this determination, the2782state land planning agency shall consider the following2783criteria:27841. Whether the exceedance is due to temporary2785circumstances;27862. Whether the projected 5-year capital outlay full time2787equivalent student growth rate for the school district is2788approaching the 10-percent threshold;27893. Whether one or more additional schools within the school2790district are at or approaching the 100-percent threshold; and27914. The adequacy of the data and analysis submitted to2792support the waiver request.2793(b) A municipality in a nonexempt county is exempt if the2794municipality meets all of the following criteria for having no2795significant impact on school attendance:27961. The municipality has issued development orders for fewer2797than 50 residential dwelling units during the preceding 5 years,2798or the municipality has generated fewer than 25 additional2799public school students during the preceding 5 years.28002. The municipality has not annexed new land during the2801preceding 5 years in land use categories that permit residential2802uses that will affect school attendance rates.28033. The municipality has no public schools located within2804its boundaries.2805(c) A public school facilities element shall be based upon2806data and analyses that address, among other items, how level-of2807service standards will be achieved and maintained. Such data and2808analyses must include, at a minimum, such items as: the2809interlocal agreement adopted pursuant to s.163.31777and the 52810year school district facilities work program adopted pursuant to2811s.1013.35; the educational plant survey prepared pursuant to s.28121013.31and an existing educational and ancillary plant map or2813map series; information on existing development and development2814anticipated for the next 5 years and the long-term planning2815period; an analysis of problems and opportunities for existing2816schools and schools anticipated in the future; an analysis of2817opportunities to collocate future schools with other public2818facilities such as parks, libraries, and community centers; an2819analysis of the need for supporting public facilities for2820existing and future schools; an analysis of opportunities to2821locate schools to serve as community focal points; projected2822future population and associated demographics, including2823development patterns year by year for the upcoming 5-year and2824long-term planning periods; and anticipated educational and2825ancillary plants with land area requirements.2826(d) The element shall contain one or more goals which2827establish the long-term end toward which public school programs2828and activities are ultimately directed.2829(e) The element shall contain one or more objectives for2830each goal, setting specific, measurable, intermediate ends that2831are achievable and mark progress toward the goal.2832(f) The element shall contain one or more policies for each2833objective which establish the way in which programs and2834activities will be conducted to achieve an identified goal.2835(g) The objectives and policies shall address items such2836as:28371. The procedure for an annual update process;28382. The procedure for school site selection;28393. The procedure for school permitting;28404. Provision for infrastructure necessary to support2841proposed schools, including potable water, wastewater, drainage,2842solid waste, transportation, and means by which to assure safe2843access to schools, including sidewalks, bicycle paths, turn2844lanes, and signalization;28455. Provision for colocation of other public facilities,2846such as parks, libraries, and community centers, in proximity to2847public schools;28486. Provision for location of schools proximate to2849residential areas and to complement patterns of development,2850including the location of future school sites so they serve as2851community focal points;28527. Measures to ensure compatibility of school sites and2853surrounding land uses;28548. Coordination with adjacent local governments and the2855school district on emergency preparedness issues, including the2856use of public schools to serve as emergency shelters; and28579. Coordination with the future land use element.2858(h) The element shall include one or more future conditions2859maps which depict the anticipated location of educational and2860ancillary plants, including the general location of improvements2861to existing schools or new schools anticipated over the 5-year2862or long-term planning period. The maps will of necessity be2863general for the long-term planning period and more specific for2864the 5-year period. Maps indicating general locations of future2865schools or school improvements may not prescribe a land use on a2866particular parcel of land.2867(i) The state land planning agency shall establish a phased2868schedule for adoption of the public school facilities element2869and the required updates to the public schools interlocal2870agreement pursuant to s.163.31777. The schedule shall provide2871for each county and local government within the county to adopt2872the element and update to the agreement no later than December28731, 2008. Plan amendments to adopt a public school facilities2874element are exempt from the provisions of s.163.3187(1).2875(j) The state land planning agency may issue a notice to2876the school board and the local government to show cause why2877sanctions should not be enforced for failure to enter into an2878approved interlocal agreement as required by s.163.31777or for2879failure to implement provisions relating to public school2880concurrency. If the state land planning agency finds that2881insufficient cause exists for the school board’s or local2882government’s failure to enter into an approved interlocal2883agreement as required by s.163.31777or for the school board’s2884or local government’s failure to implement the provisions2885relating to public school concurrency, the state land planning2886agency shall submit its finding to the Administration Commission2887which may impose on the local government any of the sanctions2888set forth in s.163.3184(11)(a) and (b) and may impose on the2889district school board any of the sanctions set forth in s.28901008.32(4).2891(13) Local governments are encouraged to develop a2892community vision that provides for sustainable growth,2893recognizes its fiscal constraints, and protects its natural2894resources. At the request of a local government, the applicable2895regional planning council shall provide assistance in the2896development of a community vision.2897(a) As part of the process of developing a community vision2898under this section, the local government must hold two public2899meetings with at least one of those meetings before the local2900planning agency. Before those public meetings, the local2901government must hold at least one public workshop with2902stakeholder groups such as neighborhood associations, community2903organizations, businesses, private property owners, housing and2904development interests, and environmental organizations.2905(b) The local government must, at a minimum, discuss five2906of the following topics as part of the workshops and public2907meetings required under paragraph (a):29081. Future growth in the area using population forecasts2909from the Bureau of Economic and Business Research;29102. Priorities for economic development;29113. Preservation of open space, environmentally sensitive2912lands, and agricultural lands;29134. Appropriate areas and standards for mixed-use2914development;29155. Appropriate areas and standards for high-density2916commercial and residential development;29176. Appropriate areas and standards for economic development2918opportunities and employment centers;29197. Provisions for adequate workforce housing;29208. An efficient, interconnected multimodal transportation2921system; and29229. Opportunities to create land use patterns that2923accommodate the issues listed in subparagraphs 1.-8.2924(c) As part of the workshops and public meetings, the local2925government must discuss strategies for addressing the topics2926discussed under paragraph (b), including:29271. Strategies to preserve open space and environmentally2928sensitive lands, and to encourage a healthy agricultural2929economy, including innovative planning and development2930strategies, such as the transfer of development rights;29312. Incentives for mixed-use development, including2932increased height and intensity standards for buildings that2933provide residential use in combination with office or commercial2934space;29353. Incentives for workforce housing;29364. Designation of an urban service boundary pursuant to2937subsection (2); and29385. Strategies to provide mobility within the community and2939to protect the Strategic Intermodal System, including the2940development of a transportation corridor management plan under2941s.337.273.2942(d) The community vision must reflect the community’s2943shared concept for growth and development of the community,2944including visual representations depicting the desired land use2945patterns and character of the community during a 10-year2946planning timeframe. The community vision must also take into2947consideration economic viability of the vision and private2948property interests.2949(e) After the workshops and public meetings required under2950paragraph (a) are held, the local government may amend its2951comprehensive plan to include the community vision as a2952component in the plan. This plan amendment must be transmitted2953and adopted pursuant to the procedures in ss.163.3184and2954163.3189at public hearings of the governing body other than2955those identified in paragraph (a).2956(f) Amendments submitted under this subsection are exempt2957from the limitation on the frequency of plan amendments in s.2958163.3187.2959(g) A local government that has developed a community2960vision or completed a visioning process after July 1, 2000, and2961before July 1, 2005, which substantially accomplishes the goals2962set forth in this subsection and the appropriate goals,2963policies, or objectives have been adopted as part of the2964comprehensive plan or reflected in subsequently adopted land2965development regulations and the plan amendment incorporating the2966community vision as a component has been found in compliance is2967eligible for the incentives in s.163.3184(17).2968(14) Local governments are also encouraged to designate an2969urban service boundary. This area must be appropriate for2970compact, contiguous urban development within a 10-year planning2971timeframe. The urban service area boundary must be identified on2972the future land use map or map series. The local government2973shall demonstrate that the land included within the urban2974service boundary is served or is planned to be served with2975adequate public facilities and services based on the local2976government’s adopted level-of-service standards by adopting a297710-year facilities plan in the capital improvements element2978which is financially feasible. The local government shall2979demonstrate that the amount of land within the urban service2980boundary does not exceed the amount of land needed to2981accommodate the projected population growth at densities2982consistent with the adopted comprehensive plan within the 102983year planning timeframe.2984(a) As part of the process of establishing an urban service2985boundary, the local government must hold two public meetings2986with at least one of those meetings before the local planning2987agency. Before those public meetings, the local government must2988hold at least one public workshop with stakeholder groups such2989as neighborhood associations, community organizations,2990businesses, private property owners, housing and development2991interests, and environmental organizations.2992(b)1. After the workshops and public meetings required2993under paragraph (a) are held, the local government may amend its2994comprehensive plan to include the urban service boundary. This2995plan amendment must be transmitted and adopted pursuant to the2996procedures in ss.163.3184and163.3189at meetings of the2997governing body other than those required under paragraph (a).29982. This subsection does not prohibit new development2999outside an urban service boundary. However, a local government3000that establishes an urban service boundary under this subsection3001is encouraged to require a full-cost-accounting analysis for any3002new development outside the boundary and to consider the results3003of that analysis when adopting a plan amendment for property3004outside the established urban service boundary.3005(c) Amendments submitted under this subsection are exempt3006from the limitation on the frequency of plan amendments in s.3007163.3187.3008(d) A local government that has adopted an urban service3009boundary before July 1, 2005, which substantially accomplishes3010the goals set forth in this subsection is not required to comply3011with paragraph (a) or subparagraph 1. of paragraph (b) in order3012to be eligible for the incentives under s.163.3184(17). In3013order to satisfy the provisions of this paragraph, the local3014government must secure a determination from the state land3015planning agency that the urban service boundary adopted before3016July 1, 2005, substantially complies with the criteria of this3017subsection, based on data and analysis submitted by the local3018government to support this determination. The determination by3019the state land planning agency is not subject to administrative3020challenge.3021 (7)(15)(a) The Legislature finds that: 3022 1. There are a number of rural agricultural industrial 3023 centers in the state that process, produce, or aid in the 3024 production or distribution of a variety of agriculturally based 3025 products, including, but not limited to, fruits, vegetables, 3026 timber, and other crops, and juices, paper, and building 3027 materials. Rural agricultural industrial centers have a 3028 significant amount of existing associated infrastructure that is 3029 used for processing, producing, or distributing agricultural 3030 products. 3031 2. Such rural agricultural industrial centers are often 3032 located within or near communities in which the economy is 3033 largely dependent upon agriculture and agriculturally based 3034 products. The centers significantly enhance the economy of such 3035 communities. However, these agriculturally based communities are 3036 often socioeconomically challenged and designated as rural areas 3037 of critical economic concern. If such rural agricultural 3038 industrial centers are lost and not replaced with other job 3039 creating enterprises, the agriculturally based communities will 3040 lose a substantial amount of their economies. 3041 3. The state has a compelling interest in preserving the 3042 viability of agriculture and protecting rural agricultural 3043 communities and the state from the economic upheaval that would 3044 result from short-term or long-term adverse changes in the 3045 agricultural economy. To protect these communities and promote 3046 viable agriculture for the long term, it is essential to 3047 encourage and permit diversification of existing rural 3048 agricultural industrial centers by providing for jobs that are 3049 not solely dependent upon, but are compatible with and 3050 complement, existing agricultural industrial operations and to 3051 encourage the creation and expansion of industries that use 3052 agricultural products in innovative ways. However, the expansion 3053 and diversification of these existing centers must be 3054 accomplished in a manner that does not promote urban sprawl into 3055 surrounding agricultural and rural areas. 3056 (b) As used in this subsection, the term “rural 3057 agricultural industrial center” means a developed parcel of land 3058 in an unincorporated area on which there exists an operating 3059 agricultural industrial facility or facilities that employ at 3060 least 200 full-time employees in the aggregate and process and 3061 prepare for transport a farm product, as defined in s. 163.3162, 3062 or any biomass material that could be used, directly or 3063 indirectly, for the production of fuel, renewable energy, 3064 bioenergy, or alternative fuel as defined by law. The center may 3065 also include land contiguous to the facility site which is not 3066 used for the cultivation of crops, but on which other existing 3067 activities essential to the operation of such facility or 3068 facilities are located or conducted. The parcel of land must be 3069 located within, or within 10 miles of, a rural area of critical 3070 economic concern. 3071 (c)1. A landowner whose land is located within a rural 3072 agricultural industrial center may apply for an amendment to the 3073 local government comprehensive plan for the purpose of 3074 designating and expanding the existing agricultural industrial 3075 uses of facilities located within the center or expanding the 3076 existing center to include industrial uses or facilities that 3077 are not dependent upon but are compatible with agriculture and 3078 the existing uses and facilities. A local government 3079 comprehensive plan amendment under this paragraph must: 3080 a. Not increase the physical area of the existing rural 3081 agricultural industrial center by more than 50 percent or 320 3082 acres, whichever is greater. 3083 b. Propose a project that would, upon completion, create at 3084 least 50 new full-time jobs. 3085 c. Demonstrate that sufficient infrastructure capacity 3086 exists or will be provided to support the expanded center at the 3087 level-of-service standards adopted in the local government 3088 comprehensive plan. 3089 d. Contain goals, objectives, and policies that will ensure 3090 that any adverse environmental impacts of the expanded center 3091 will be adequately addressed and mitigation implemented or 3092 demonstrate that the local government comprehensive plan 3093 contains such provisions. 3094 2. Within 6 months after receiving an application as 3095 provided in this paragraph, the local government shall transmit 3096 the application to the state land planning agency for review 3097 pursuant to this chapter together with any needed amendments to 3098 the applicable sections of its comprehensive plan to include 3099 goals, objectives, and policies that provide for the expansion 3100 of rural agricultural industrial centers and discourage urban 3101 sprawl in the surrounding areas. Such goals, objectives, and 3102 policies must promote and be consistent with the findings in 3103 this subsection. An amendment that meets the requirements of 3104 this subsection is presumed not to be urban sprawl as defined in 3105 s. 163.3164consistent with rule 9J-5.006(5), Florida3106Administrative Code. This presumption may be rebutted by a 3107 preponderance of the evidence. 3108 (d) This subsection does not apply to aan optionalsector 3109 plan adopted pursuant to s. 163.3245, a rural land stewardship 3110 area designated pursuant to s. 163.3248subsection (11), or any 3111 comprehensive plan amendment that includes an inland port 3112 terminal or affiliated port development. 3113 (e) Nothing in this subsection shall be construed to confer 3114 the status of rural area of critical economic concern, or any of 3115 the rights or benefits derived from such status, on any land 3116 area not otherwise designated as such pursuant to s. 3117 288.0656(7). 3118 Section 13. Section 163.31777, Florida Statutes, is amended 3119 to read: 3120 163.31777 Public schools interlocal agreement.— 3121 (1)(a)The county and municipalities located within the 3122 geographic area of a school district shall enter into an 3123 interlocal agreement with the district school board which 3124 jointly establishes the specific ways in which the plans and 3125 processes of the district school board and the local governments 3126 are to be coordinated.The interlocal agreements shall be3127submitted to the state land planning agency and the Office of3128Educational Facilities in accordance with a schedule published3129by the state land planning agency.3130(b) The schedule must establish staggered due dates for3131submission of interlocal agreements that are executed by both3132the local government and the district school board, commencing3133on March 1, 2003, and concluding by December 1, 2004, and must3134set the same date for all governmental entities within a school3135district. However, if the county where the school district is3136located contains more than 20 municipalities, the state land3137planning agency may establish staggered due dates for the3138submission of interlocal agreements by these municipalities. The3139schedule must begin with those areas where both the number of3140districtwide capital-outlay full-time-equivalent students equals314180 percent or more of the current year’s school capacity and the3142projected 5-year student growth is 1,000 or greater, or where3143the projected 5-year student growth rate is 10 percent or3144greater.3145(c) If the student population has declined over the 5-year3146period preceding the due date for submittal of an interlocal3147agreement by the local government and the district school board,3148the local government and the district school board may petition3149the state land planning agency for a waiver of one or more3150requirements of subsection (2). The waiver must be granted if3151the procedures called for in subsection (2) are unnecessary3152because of the school district’s declining school age3153population, considering the district’s 5-year facilities work3154program prepared pursuant to s.1013.35. The state land planning3155agency may modify or revoke the waiver upon a finding that the3156conditions upon which the waiver was granted no longer exist.3157The district school board and local governments must submit an3158interlocal agreement within 1 year after notification by the3159state land planning agency that the conditions for a waiver no3160longer exist.3161(d) Interlocal agreements between local governments and3162district school boards adopted pursuant to s.163.3177before3163the effective date of this section must be updated and executed3164pursuant to the requirements of this section, if necessary.3165Amendments to interlocal agreements adopted pursuant to this3166section must be submitted to the state land planning agency3167within 30 days after execution by the parties for review3168consistent with this section.Local governments and the district 3169 school board in each school district are encouraged to adopt a 3170 single interlocal agreement to which all join as parties.The3171state land planning agency shall assemble and make available3172model interlocal agreements meeting the requirements of this3173section and notify local governments and, jointly with the3174Department of Education, the district school boards of the3175requirements of this section, the dates for compliance, and the3176sanctions for noncompliance. The state land planning agency3177shall be available to informally review proposed interlocal3178agreements. If the state land planning agency has not received a3179proposed interlocal agreement for informal review, the state3180land planning agency shall, at least 60 days before the deadline3181for submission of the executed agreement, renotify the local3182government and the district school board of the upcoming3183deadline and the potential for sanctions.3184 (2) At a minimum, the interlocal agreement must address 3185interlocal-agreement requirements in s.163.3180(13)(g), except3186for exempt local governments as provided in s.163.3177(12), and3187must addressthe following issues: 3188 (a) A process by which each local government and the 3189 district school board agree and base their plans on consistent 3190 projections of the amount, type, and distribution of population 3191 growth and student enrollment. The geographic distribution of 3192 jurisdiction-wide growth forecasts is a major objective of the 3193 process. 3194 (b) A process to coordinate and share information relating 3195 to existing and planned public school facilities, including 3196 school renovations and closures, and local government plans for 3197 development and redevelopment. 3198 (c) Participation by affected local governments with the 3199 district school board in the process of evaluating potential 3200 school closures, significant renovations to existing schools, 3201 and new school site selection before land acquisition. Local 3202 governments shall advise the district school board as to the 3203 consistency of the proposed closure, renovation, or new site 3204 with the local comprehensive plan, including appropriate 3205 circumstances and criteria under which a district school board 3206 may request an amendment to the comprehensive plan for school 3207 siting. 3208 (d) A process for determining the need for and timing of 3209 onsite and offsite improvements to support new, proposed 3210 expansion, or redevelopment of existing schools. The process 3211 must address identification of the party or parties responsible 3212 for the improvements. 3213 (e) A process for the school board to inform the local 3214 government regarding the effect of comprehensive plan amendments 3215 on school capacity. The capacity reporting must be consistent 3216 with laws and rules relating to measurement of school facility 3217 capacity and must also identify how the district school board 3218 will meet the public school demand based on the facilities work 3219 program adopted pursuant to s. 1013.35. 3220 (f) Participation of the local governments in the 3221 preparation of the annual update to the district school board’s 3222 5-year district facilities work program and educational plant 3223 survey prepared pursuant to s. 1013.35. 3224 (g) A process for determining where and how joint use of 3225 either school board or local government facilities can be shared 3226 for mutual benefit and efficiency. 3227 (h) A procedure for the resolution of disputes between the 3228 district school board and local governments, which may include 3229 the dispute resolution processes contained in chapters 164 and 3230 186. 3231 (i) An oversight process, including an opportunity for 3232 public participation, for the implementation of the interlocal 3233 agreement. 3234(3)(a) The Office of Educational Facilities shall submit3235any comments or concerns regarding the executed interlocal3236agreement to the state land planning agency within 30 days after3237receipt of the executed interlocal agreement. The state land3238planning agency shall review the executed interlocal agreement3239to determine whether it is consistent with the requirements of3240subsection (2), the adopted local government comprehensive plan,3241and other requirements of law. Within 60 days after receipt of3242an executed interlocal agreement, the state land planning agency3243shall publish a notice of intent in the Florida Administrative3244Weekly and shall post a copy of the notice on the agency’s3245Internet site. The notice of intent must state whether the3246interlocal agreement is consistent or inconsistent with the3247requirements of subsection (2) and this subsection, as3248appropriate.3249(b) The state land planning agency’s notice is subject to3250challenge under chapter 120; however, an affected person, as3251defined in s.163.3184(1)(a), has standing to initiate the3252administrative proceeding, and this proceeding is the sole means3253available to challenge the consistency of an interlocal3254agreement required by this section with the criteria contained3255in subsection (2) and this subsection. In order to have3256standing, each person must have submitted oral or written3257comments, recommendations, or objections to the local government3258or the school board before the adoption of the interlocal3259agreement by the school board and local government. The district3260school board and local governments are parties to any such3261proceeding. In this proceeding, when the state land planning3262agency finds the interlocal agreement to be consistent with the3263criteria in subsection (2) and this subsection, the interlocal3264agreement shall be determined to be consistent with subsection3265(2) and this subsection if the local government’s and school3266board’s determination of consistency is fairly debatable. When3267the state planning agency finds the interlocal agreement to be3268inconsistent with the requirements of subsection (2) and this3269subsection, the local government’s and school board’s3270determination of consistency shall be sustained unless it is3271shown by a preponderance of the evidence that the interlocal3272agreement is inconsistent.3273(c) If the state land planning agency enters a final order3274that finds that the interlocal agreement is inconsistent with3275the requirements of subsection (2) or this subsection, it shall3276forward it to the Administration Commission, which may impose3277sanctions against the local government pursuant to s.3278163.3184(11) and may impose sanctions against the district3279school board by directing the Department of Education to3280withhold from the district school board an equivalent amount of3281funds for school construction available pursuant to ss.1013.65,32821013.68,1013.70, and1013.72.3283(4) If an executed interlocal agreement is not timely3284submitted to the state land planning agency for review, the3285state land planning agency shall, within 15 working days after3286the deadline for submittal, issue to the local government and3287the district school board a Notice to Show Cause why sanctions3288should not be imposed for failure to submit an executed3289interlocal agreement by the deadline established by the agency.3290The agency shall forward the notice and the responses to the3291Administration Commission, which may enter a final order citing3292the failure to comply and imposing sanctions against the local3293government and district school board by directing the3294appropriate agencies to withhold at least 5 percent of state3295funds pursuant to s.163.3184(11) and by directing the3296Department of Education to withhold from the district school3297board at least 5 percent of funds for school construction3298available pursuant to ss.1013.65,1013.68,1013.70, and32991013.72.3300(5) Any local government transmitting a public school3301element to implement school concurrency pursuant to the3302requirements of s.163.3180before the effective date of this3303section is not required to amend the element or any interlocal3304agreement to conform with the provisions of this section if the3305element is adopted prior to or within 1 year after the effective3306date of this section and remains in effect until the county3307conducts its evaluation and appraisal report and identifies3308changes necessary to more fully conform to the provisions of3309this section.3310(6) Except as provided in subsection (7), municipalities3311meeting the exemption criteria in s.163.3177(12) are exempt3312from the requirements of subsections (1), (2), and (3).3313(7) At the time of the evaluation and appraisal report,3314each exempt municipality shall assess the extent to which it3315continues to meet the criteria for exemption under s.3316163.3177(12). If the municipality continues to meet these3317criteria, the municipality shall continue to be exempt from the3318interlocal-agreement requirement. Each municipality exempt under3319s.163.3177(12) must comply with the provisions of this section3320within 1 year after the district school board proposes, in its33215-year district facilities work program, a new school within the3322municipality’s jurisdiction.3323 Section 14. Subsection (9) of section 163.3178, Florida 3324 Statutes, is amended to read: 3325 163.3178 Coastal management.— 3326 (9)(a)Local governments may elect to comply with rule 9J33275.012(3)(b)6. and 7., Florida Administrative Code, through the3328process provided in this section.A proposed comprehensive plan 3329 amendment shall be found in compliance with state coastal high 3330 hazard provisionspursuant to rule 9J-5.012(3)(b)6. and 7.,3331Florida Administrative Code,if: 3332 1. The adopted level of service for out-of-county hurricane 3333 evacuation is maintained for a category 5 storm event as 3334 measured on the Saffir-Simpson scale; 3335 2. A 12-hour evacuation time to shelter is maintained for a 3336 category 5 storm event as measured on the Saffir-Simpson scale 3337 and shelter space reasonably expected to accommodate the 3338 residents of the development contemplated by a proposed 3339 comprehensive plan amendment is available; or 3340 3. Appropriate mitigation is provided that will satisfy the 3341 provisions of subparagraph 1. or subparagraph 2. Appropriate 3342 mitigation shall include, without limitation, payment of money, 3343 contribution of land, and construction of hurricane shelters and 3344 transportation facilities. Required mitigation shall not exceed 3345 the amount required for a developer to accommodate impacts 3346 reasonably attributable to development. A local government and a 3347 developer shall enter into a binding agreement to memorialize 3348 the mitigation plan. 3349 (b) For those local governments that have not established a 3350 level of service for out-of-county hurricane evacuation by July 3351 1, 2008,but elect to comply with rule 9J-5.012(3)(b)6. and 7.,3352Florida Administrative Code,by following the process in 3353 paragraph (a), the level of service shall be no greater than 16 3354 hours for a category 5 storm event as measured on the Saffir 3355 Simpson scale. 3356 (c) This subsection shall become effective immediately and 3357 shall apply to all local governments. No later than July 1, 3358 2008, local governments shall amend their future land use map 3359 and coastal management element to include the new definition of 3360 coastal high-hazard area and to depict the coastal high-hazard 3361 area on the future land use map. 3362 Section 15. Section 163.3180, Florida Statutes, is amended 3363 to read: 3364 163.3180 Concurrency.— 3365 (1)(a)Sanitary sewer, solid waste, drainage, and potable 3366 water, parks and recreation, schools, and transportation3367facilities, including mass transit, where applicable,are the 3368 only public facilities and services subject to the concurrency 3369 requirement on a statewide basis. Additional public facilities 3370 and services may not be made subject to concurrency on a 3371 statewide basis withoutappropriate study andapproval by the 3372 Legislature; however, any local government may extend the 3373 concurrency requirement so that it applies to additional public 3374 facilities within its jurisdiction. If concurrency is applied to 3375 other public facilities, the local government comprehensive plan 3376 must provide the principles, guidelines, standards, and 3377 strategies, including adopted levels of service, to guide its 3378 application. In order for a local government to rescind any 3379 optional concurrency provisions, a comprehensive plan amendment 3380 is required. An amendment rescinding optional concurrency issues 3381 is not subject to state review. The local government 3382 comprehensive plan must demonstrate, for required or optional 3383 concurrency requirements, that the levels of service adopted can 3384 be reasonably met. Infrastructure needed to ensure that adopted 3385 level-of-service standards are achieved and maintained for the 3386 5-year period of the capital improvement schedule must be 3387 identified pursuant to the requirements of s. 163.3177(3). 3388(b) Local governments shall use professionally accepted3389techniques for measuring level of service for automobiles,3390bicycles, pedestrians, transit, and trucks. These techniques may3391be used to evaluate increased accessibility by multiple modes3392and reductions in vehicle miles of travel in an area or zone.3393The Department of Transportation shall develop methodologies to3394assist local governments in implementing this multimodal level3395of-service analysis. The Department of Community Affairs and the3396Department of Transportation shall provide technical assistance3397to local governments in applying these methodologies.3398 (2)(a)Consistent with public health and safety, sanitary 3399 sewer, solid waste, drainage, adequate water supplies, and 3400 potable water facilities shall be in place and available to 3401 serve new development no later than the issuance by the local 3402 government of a certificate of occupancy or its functional 3403 equivalent. Prior to approval of a building permit or its 3404 functional equivalent, the local government shall consult with 3405 the applicable water supplier to determine whether adequate 3406 water supplies to serve the new development will be available no 3407 later than the anticipated date of issuance by the local 3408 government of a certificate of occupancy or its functional 3409 equivalent. A local government may meet the concurrency 3410 requirement for sanitary sewer through the use of onsite sewage 3411 treatment and disposal systems approved by the Department of 3412 Health to serve new development. 3413(b) Consistent with the public welfare, and except as3414otherwise provided in this section, parks and recreation3415facilities to serve new development shall be in place or under3416actual construction no later than 1 year after issuance by the3417local government of a certificate of occupancy or its functional3418equivalent. However, the acreage for such facilities shall be3419dedicated or be acquired by the local government prior to3420issuance by the local government of a certificate of occupancy3421or its functional equivalent, or funds in the amount of the3422developer’s fair share shall be committed no later than the3423local government’s approval to commence construction.3424(c) Consistent with the public welfare, and except as3425otherwise provided in this section, transportation facilities3426needed to serve new development shall be in place or under3427actual construction within 3 years after the local government3428approves a building permit or its functional equivalent that3429results in traffic generation.3430 (3) Governmental entities that are not responsible for 3431 providing, financing, operating, or regulating public facilities 3432 needed to serve development may not establish binding level-of 3433 service standards on governmental entities that do bear those 3434 responsibilities.This subsection does not limit the authority3435of any agency to recommend or make objections, recommendations,3436comments, or determinations during reviews conducted under s.3437163.3184.3438 (4)(a)The concurrency requirement as implemented in local 3439 comprehensive plans applies to state and other public facilities 3440 and development to the same extent that it applies to all other 3441 facilities and development, as provided by law. 3442(b) The concurrency requirement as implemented in local3443comprehensive plans does not apply to public transit facilities.3444For the purposes of this paragraph, public transit facilities3445include transit stations and terminals; transit station parking;3446park-and-ride lots; intermodal public transit connection or3447transfer facilities; fixed bus, guideway, and rail stations; and3448airport passenger terminals and concourses, air cargo3449facilities, and hangars for the assembly, manufacture,3450maintenance, or storage of aircraft. As used in this paragraph,3451the terms “terminals” and “transit facilities” do not include3452seaports or commercial or residential development constructed in3453conjunction with a public transit facility.3454(c) The concurrency requirement, except as it relates to3455transportation facilities and public schools, as implemented in3456local government comprehensive plans, may be waived by a local3457government for urban infill and redevelopment areas designated3458pursuant to s.163.2517if such a waiver does not endanger3459public health or safety as defined by the local government in3460its local government comprehensive plan. The waiver shall be3461adopted as a plan amendment pursuant to the process set forth in3462s.163.3187(3)(a). A local government may grant a concurrency3463exception pursuant to subsection (5) for transportation3464facilities located within these urban infill and redevelopment3465areas.3466 (5)(a) If concurrency is applied to transportation 3467 facilities, the local government comprehensive plan must provide 3468 the principles, guidelines, standards, and strategies, including 3469 adopted levels of service to guide its application. 3470 (b) Local governments shall use professionally accepted 3471 studies to determine appropriate levels of service, which shall 3472 be based on a schedule of facilities that will be necessary to 3473 meet level-of-service demands reflected in the capital 3474 improvement element. 3475 (c) Local governments shall use professionally accepted 3476 techniques for measuring levels of service when evaluating 3477 potential impacts of a proposed development. 3478 (d) The premise of concurrency is that the public 3479 facilities will be provided in order to achieve and maintain the 3480 adopted level-of-service standard. A comprehensive plan that 3481 imposes transportation concurrency shall contain appropriate 3482 amendments to the capital improvements element of the 3483 comprehensive plan, consistent with the requirements of s. 3484 163.3177(3). The capital improvements element shall identify 3485 facilities necessary to meet adopted levels of service during a 3486 5-year period. 3487 (e) If a local government applies transportation 3488 concurrency in its jurisdiction, it is encouraged to develop 3489 policy guidelines and techniques to address potential negative 3490 impacts on future development: 3491 1. In urban infill and redevelopment and urban service 3492 areas. 3493 2. With special part-time demands on the transportation 3494 system. 3495 3. With de minimis impacts. 3496 4. On community desired types of development, such as 3497 redevelopment or job-creation projects. 3498 (f) Local governments are encouraged to develop tools and 3499 techniques to complement the application of transportation 3500 concurrency such as: 3501 1. Adoption of long-term strategies to facilitate 3502 development patterns that support multimodal solutions, 3503 including urban design and appropriate land use mixes, including 3504 intensity and density. 3505 2. Adoption of an areawide level of service not dependent 3506 on any single road segment function. 3507 3. Exempting or discounting impacts of locally desired 3508 development, such as development in urban areas, redevelopment, 3509 job creation, and mixed use on the transportation system. 3510 4. Assigning secondary priority to vehicle mobility and 3511 primary priority to ensuring a safe, comfortable, and attractive 3512 pedestrian environment, with convenient interconnection to 3513 transit. 3514 5. Establishing multimodal level-of-service standards that 3515 rely primarily on nonvehicular modes of transportation where 3516 existing or planned community design will provide adequate level 3517 of mobility. 3518 6. Reducing impact fees or local access fees to promote 3519 development within urban areas, multimodal transportation 3520 districts, and a balance of mixed use development in certain 3521 areas or districts, or for affordable or workforce housing. 3522 (g) Local governments are encouraged to coordinate with 3523 adjacent local governments for the purpose of using common 3524 methodologies for measuring impacts on transportation 3525 facilities. 3526 (h) Local governments that implement transportation 3527 concurrency must: 3528 1. Consult with the Department of Transportation when 3529 proposed plan amendments affect facilities on the strategic 3530 intermodal system. 3531 2. Exempt public transit facilities from concurrency. For 3532 the purposes of this subparagraph, public transit facilities 3533 include transit stations and terminals; transit station parking; 3534 park-and-ride lots; intermodal public transit connection or 3535 transfer facilities; fixed bus, guideway, and rail stations; and 3536 airport passenger terminals and concourses, air cargo 3537 facilities, and hangars for the assembly, manufacture, 3538 maintenance, or storage of aircraft. As used in this 3539 subparagraph, the terms “terminals” and “transit facilities” do 3540 not include seaports or commercial or residential development 3541 constructed in conjunction with a public transit facility. 3542 3. Allow an applicant for a development of regional impact 3543 development order, a rezoning, or other land use development 3544 permit to satisfy the transportation concurrency requirements of 3545 the local comprehensive plan, the local government’s concurrency 3546 management system, and s. 380.06, when applicable, if: 3547 a. The applicant enters into a binding agreement to pay for 3548 or construct its proportionate share of required improvements. 3549 b. The proportionate-share contribution or construction is 3550 sufficient to accomplish one or more mobility improvements that 3551 will benefit a regionally significant transportation facility. 3552 c. The local government has provided a means by which the 3553 landowner will be assessed a proportionate share of the cost of 3554 providing the transportation facilities necessary to serve the 3555 proposed development. 3556 3557 When an applicant contributes or constructs its proportionate 3558 share, pursuant to this subparagraph, a local government may not 3559 require payment or construction of transportation facilities 3560 whose costs would be greater than a development’s proportionate 3561 share of the improvements necessary to mitigate the 3562 development’s impacts. The proportionate-share contribution 3563 shall be calculated based upon the number of trips from the 3564 proposed development expected to reach roadways during the peak 3565 hour from the stage or phase being approved, divided by the 3566 change in the peak hour maximum service volume of roadways 3567 resulting from construction of an improvement necessary to 3568 maintain or achieve the adopted level of service, multiplied by 3569 the construction cost, at the time of developer payment, of the 3570 improvement necessary to maintain or achieve the adopted level 3571 of service. In using the proportionate-share formula provided in 3572 this paragraph, the applicant, in its traffic analysis, shall 3573 establish those roads or facilities that have a transportation 3574 deficiency in accordance with the transportation deficiency 3575 definition provided in paragraph (b). The proportionate share 3576 formula provided in this paragraph shall be applied only to 3577 those transportation facilities that are determined to be 3578 significantly and adversely impacted by the project traffic 3579 under review. If any road is determined to be transportation 3580 deficient without the project traffic under review, the costs of 3581 that said deficiency shall be removed from the project’s 3582 proportionate share calculation. The identified improvement to 3583 correct the said transportation deficiency is the funding 3584 responsibility of the entity that has maintenance responsibility 3585 for the facility. If additional improvements, beyond those 3586 improvements necessary to correct the existing or projected 3587 deficiency, would be needed for an identified deficient 3588 facility, the necessary transportation improvements to correct 3589 the said deficiency shall be considered to be in place for 3590 purposes of the proportionate share calculation. The 3591 development’s proportionate share shall be calculated only for 3592 the needed transportation improvements that are greater than the 3593 identified deficiency. In projecting the number of trips to be 3594 generated by the development under review, any trips assigned to 3595 a toll-financed facility shall be eliminated from the analysis. 3596(a) The Legislature finds that under limited circumstances,3597countervailing planning and public policy goals may come into3598conflict with the requirement that adequate public3599transportation facilities and services be available concurrent3600with the impacts of such development. The Legislature further3601finds that the unintended result of the concurrency requirement3602for transportation facilities is often the discouragement of3603urban infill development and redevelopment. Such unintended3604results directly conflict with the goals and policies of the3605state comprehensive plan and the intent of this part. The3606Legislature also finds that in urban centers transportation3607cannot be effectively managed and mobility cannot be improved3608solely through the expansion of roadway capacity, that the3609expansion of roadway capacity is not always physically or3610financially possible, and that a range of transportation3611alternatives is essential to satisfy mobility needs, reduce3612congestion, and achieve healthy, vibrant centers.3613(b)1. The following are transportation concurrency3614exception areas:3615a. A municipality that qualifies as a dense urban land area3616under s.163.3164;3617b. An urban service area under s.163.3164that has been3618adopted into the local comprehensive plan and is located within3619a county that qualifies as a dense urban land area under s.3620163.3164; and3621c. A county, including the municipalities located therein,3622which has a population of at least 900,000 and qualifies as a3623dense urban land area under s.163.3164, but does not have an3624urban service area designated in the local comprehensive plan.36252. A municipality that does not qualify as a dense urban3626land area pursuant to s.163.3164may designate in its local3627comprehensive plan the following areas as transportation3628concurrency exception areas:3629a. Urban infill as defined in s.163.3164;3630b. Community redevelopment areas as defined in s.163.340;3631c. Downtown revitalization areas as defined in s.163.3164;3632d. Urban infill and redevelopment under s.163.2517; or3633e. Urban service areas as defined in s.163.3164or areas3634within a designated urban service boundary under s.3635163.3177(14).36363. A county that does not qualify as a dense urban land3637area pursuant to s.163.3164may designate in its local3638comprehensive plan the following areas as transportation3639concurrency exception areas:3640a. Urban infill as defined in s.163.3164;3641b. Urban infill and redevelopment under s.163.2517; or3642c. Urban service areas as defined in s.163.3164.36434. A local government that has a transportation concurrency3644exception area designated pursuant to subparagraph 1.,3645subparagraph 2., or subparagraph 3. shall, within 2 years after3646the designated area becomes exempt, adopt into its local3647comprehensive plan land use and transportation strategies to3648support and fund mobility within the exception area, including3649alternative modes of transportation. Local governments are3650encouraged to adopt complementary land use and transportation3651strategies that reflect the region’s shared vision for its3652future. If the state land planning agency finds insufficient3653cause for the failure to adopt into its comprehensive plan land3654use and transportation strategies to support and fund mobility3655within the designated exception area after 2 years, it shall3656submit the finding to the Administration Commission, which may3657impose any of the sanctions set forth in s.163.3184(11)(a) and3658(b) against the local government.36595. Transportation concurrency exception areas designated3660pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.3661do not apply to designated transportation concurrency districts3662located within a county that has a population of at least 1.53663million, has implemented and uses a transportation-related3664concurrency assessment to support alternative modes of3665transportation, including, but not limited to, mass transit, and3666does not levy transportation impact fees within the concurrency3667district.36686. Transportation concurrency exception areas designated3669under subparagraph 1., subparagraph 2., or subparagraph 3. do3670not apply in any county that has exempted more than 40 percent3671of the area inside the urban service area from transportation3672concurrency for the purpose of urban infill.36737. A local government that does not have a transportation3674concurrency exception area designated pursuant to subparagraph36751., subparagraph 2., or subparagraph 3. may grant an exception3676from the concurrency requirement for transportation facilities3677if the proposed development is otherwise consistent with the3678adopted local government comprehensive plan and is a project3679that promotes public transportation or is located within an area3680designated in the comprehensive plan for:3681a. Urban infill development;3682b. Urban redevelopment;3683c. Downtown revitalization;3684d. Urban infill and redevelopment under s.163.2517; or3685e. An urban service area specifically designated as a3686transportation concurrency exception area which includes lands3687appropriate for compact, contiguous urban development, which3688does not exceed the amount of land needed to accommodate the3689projected population growth at densities consistent with the3690adopted comprehensive plan within the 10-year planning period,3691and which is served or is planned to be served with public3692facilities and services as provided by the capital improvements3693element.3694(c) The Legislature also finds that developments located3695within urban infill, urban redevelopment, urban service, or3696downtown revitalization areas or areas designated as urban3697infill and redevelopment areas under s.163.2517, which pose3698only special part-time demands on the transportation system, are3699exempt from the concurrency requirement for transportation3700facilities. A special part-time demand is one that does not have3701more than 200 scheduled events during any calendar year and does3702not affect the 100 highest traffic volume hours.3703(d) Except for transportation concurrency exception areas3704designated pursuant to subparagraph (b)1., subparagraph (b)2.,3705or subparagraph (b)3., the following requirements apply:37061. The local government shall both adopt into the3707comprehensive plan and implement long-term strategies to support3708and fund mobility within the designated exception area,3709including alternative modes of transportation. The plan3710amendment must also demonstrate how strategies will support the3711purpose of the exception and how mobility within the designated3712exception area will be provided.37132. The strategies must address urban design; appropriate3714land use mixes, including intensity and density; and network3715connectivity plans needed to promote urban infill,3716redevelopment, or downtown revitalization. The comprehensive3717plan amendment designating the concurrency exception area must3718be accompanied by data and analysis supporting the local3719government’s determination of the boundaries of the3720transportation concurrency exception area.3721(e) Before designating a concurrency exception area3722pursuant to subparagraph (b)7., the state land planning agency3723and the Department of Transportation shall be consulted by the3724local government to assess the impact that the proposed3725exception area is expected to have on the adopted level-of3726service standards established for regional transportation3727facilities identified pursuant to s.186.507, including the3728Strategic Intermodal System and roadway facilities funded in3729accordance with s.339.2819. Further, the local government shall3730provide a plan for the mitigation of impacts to the Strategic3731Intermodal System, including, if appropriate, access management,3732parallel reliever roads, transportation demand management, and3733other measures.3734(f) The designation of a transportation concurrency3735exception area does not limit a local government’s home rule3736power to adopt ordinances or impose fees. This subsection does3737not affect any contract or agreement entered into or development3738order rendered before the creation of the transportation3739concurrency exception area except as provided in s.3740380.06(29)(e).3741(g) The Office of Program Policy Analysis and Government3742Accountability shall submit to the President of the Senate and3743the Speaker of the House of Representatives by February 1, 2015,3744a report on transportation concurrency exception areas created3745pursuant to this subsection. At a minimum, the report shall3746address the methods that local governments have used to3747implement and fund transportation strategies to achieve the3748purposes of designated transportation concurrency exception3749areas, and the effects of the strategies on mobility,3750congestion, urban design, the density and intensity of land use3751mixes, and network connectivity plans used to promote urban3752infill, redevelopment, or downtown revitalization.3753(6) The Legislature finds that a de minimis impact is3754consistent with this part. A de minimis impact is an impact that3755would not affect more than 1 percent of the maximum volume at3756the adopted level of service of the affected transportation3757facility as determined by the local government. No impact will3758be de minimis if the sum of existing roadway volumes and the3759projected volumes from approved projects on a transportation3760facility would exceed 110 percent of the maximum volume at the3761adopted level of service of the affected transportation3762facility; provided however, that an impact of a single family3763home on an existing lot will constitute a de minimis impact on3764all roadways regardless of the level of the deficiency of the3765roadway. Further, no impact will be de minimis if it would3766exceed the adopted level-of-service standard of any affected3767designated hurricane evacuation routes. Each local government3768shall maintain sufficient records to ensure that the 110-percent3769criterion is not exceeded. Each local government shall submit3770annually, with its updated capital improvements element, a3771summary of the de minimis records. If the state land planning3772agency determines that the 110-percent criterion has been3773exceeded, the state land planning agency shall notify the local3774government of the exceedance and that no further de minimis3775exceptions for the applicable roadway may be granted until such3776time as the volume is reduced below the 110 percent. The local3777government shall provide proof of this reduction to the state3778land planning agency before issuing further de minimis3779exceptions.3780(7) In order to promote infill development and3781redevelopment, one or more transportation concurrency management3782areas may be designated in a local government comprehensive3783plan. A transportation concurrency management area must be a3784compact geographic area with an existing network of roads where3785multiple, viable alternative travel paths or modes are available3786for common trips. A local government may establish an areawide3787level-of-service standard for such a transportation concurrency3788management area based upon an analysis that provides for a3789justification for the areawide level of service, how urban3790infill development or redevelopment will be promoted, and how3791mobility will be accomplished within the transportation3792concurrency management area. Prior to the designation of a3793concurrency management area, the Department of Transportation3794shall be consulted by the local government to assess the impact3795that the proposed concurrency management area is expected to3796have on the adopted level-of-service standards established for3797Strategic Intermodal System facilities, as defined in s.339.64,3798and roadway facilities funded in accordance with s.339.2819.3799Further, the local government shall, in cooperation with the3800Department of Transportation, develop a plan to mitigate any3801impacts to the Strategic Intermodal System, including, if3802appropriate, the development of a long-term concurrency3803management system pursuant to subsection (9) and s.3804163.3177(3)(d). Transportation concurrency management areas3805existing prior to July 1, 2005, shall meet, at a minimum, the3806provisions of this section by July 1, 2006, or at the time of3807the comprehensive plan update pursuant to the evaluation and3808appraisal report, whichever occurs last. The state land planning3809agency shall amend chapter 9J-5, Florida Administrative Code, to3810be consistent with this subsection.3811(8) When assessing the transportation impacts of proposed3812urban redevelopment within an established existing urban service3813area, 110 percent of the actual transportation impact caused by3814the previously existing development must be reserved for the3815redevelopment, even if the previously existing development has a3816lesser or nonexisting impact pursuant to the calculations of the3817local government. Redevelopment requiring less than 110 percent3818of the previously existing capacity shall not be prohibited due3819to the reduction of transportation levels of service below the3820adopted standards. This does not preclude the appropriate3821assessment of fees or accounting for the impacts within the3822concurrency management system and capital improvements program3823of the affected local government. This paragraph does not affect3824local government requirements for appropriate development3825permits.3826(9)(a) Each local government may adopt as a part of its3827plan, long-term transportation and school concurrency management3828systems with a planning period of up to 10 years for specially3829designated districts or areas where significant backlogs exist.3830The plan may include interim level-of-service standards on3831certain facilities and shall rely on the local government’s3832schedule of capital improvements for up to 10 years as a basis3833for issuing development orders that authorize commencement of3834construction in these designated districts or areas. The3835concurrency management system must be designed to correct3836existing deficiencies and set priorities for addressing3837backlogged facilities. The concurrency management system must be3838financially feasible and consistent with other portions of the3839adopted local plan, including the future land use map.3840(b) If a local government has a transportation or school3841facility backlog for existing development which cannot be3842adequately addressed in a 10-year plan, the state land planning3843agency may allow it to develop a plan and long-term schedule of3844capital improvements covering up to 15 years for good and3845sufficient cause, based on a general comparison between that3846local government and all other similarly situated local3847jurisdictions, using the following factors:38481. The extent of the backlog.38492. For roads, whether the backlog is on local or state3850roads.38513. The cost of eliminating the backlog.38524. The local government’s tax and other revenue-raising3853efforts.3854(c) The local government may issue approvals to commence3855construction notwithstanding this section, consistent with and3856in areas that are subject to a long-term concurrency management3857system.3858(d) If the local government adopts a long-term concurrency3859management system, it must evaluate the system periodically. At3860a minimum, the local government must assess its progress toward3861improving levels of service within the long-term concurrency3862management district or area in the evaluation and appraisal3863report and determine any changes that are necessary to3864accelerate progress in meeting acceptable levels of service.3865(10) Except in transportation concurrency exception areas,3866with regard to roadway facilities on the Strategic Intermodal3867System designated in accordance with s.339.63, local3868governments shall adopt the level-of-service standard3869established by the Department of Transportation by rule.3870However, if the Office of Tourism, Trade, and Economic3871Development concurs in writing with the local government that3872the proposed development is for a qualified job creation project3873under s.288.0656or s.403.973, the affected local government,3874after consulting with the Department of Transportation, may3875provide for a waiver of transportation concurrency for the3876project. For all other roads on the State Highway System, local3877governments shall establish an adequate level-of-service3878standard that need not be consistent with any level-of-service3879standard established by the Department of Transportation. In3880establishing adequate level-of-service standards for any3881arterial roads, or collector roads as appropriate, which3882traverse multiple jurisdictions, local governments shall3883consider compatibility with the roadway facility’s adopted3884level-of-service standards in adjacent jurisdictions. Each local3885government within a county shall use a professionally accepted3886methodology for measuring impacts on transportation facilities3887for the purposes of implementing its concurrency management3888system. Counties are encouraged to coordinate with adjacent3889counties, and local governments within a county are encouraged3890to coordinate, for the purpose of using common methodologies for3891measuring impacts on transportation facilities for the purpose3892of implementing their concurrency management systems.3893(11) In order to limit the liability of local governments,3894a local government may allow a landowner to proceed with3895development of a specific parcel of land notwithstanding a3896failure of the development to satisfy transportation3897concurrency, when all the following factors are shown to exist:3898(a) The local government with jurisdiction over the3899property has adopted a local comprehensive plan that is in3900compliance.3901(b) The proposed development would be consistent with the3902future land use designation for the specific property and with3903pertinent portions of the adopted local plan, as determined by3904the local government.3905(c) The local plan includes a financially feasible capital3906improvements element that provides for transportation facilities3907adequate to serve the proposed development, and the local3908government has not implemented that element.3909(d) The local government has provided a means by which the3910landowner will be assessed a fair share of the cost of providing3911the transportation facilities necessary to serve the proposed3912development.3913(e) The landowner has made a binding commitment to the3914local government to pay the fair share of the cost of providing3915the transportation facilities to serve the proposed development.3916(12)(a) A development of regional impact may satisfy the3917transportation concurrency requirements of the local3918comprehensive plan, the local government’s concurrency3919management system, and s.380.06by payment of a proportionate3920share contribution for local and regionally significant traffic3921impacts, if:39221. The development of regional impact which, based on its3923location or mix of land uses, is designed to encourage3924pedestrian or other nonautomotive modes of transportation;39252. The proportionate-share contribution for local and3926regionally significant traffic impacts is sufficient to pay for3927one or more required mobility improvements that will benefit a3928regionally significant transportation facility;39293. The owner and developer of the development of regional3930impact pays or assures payment of the proportionate-share3931contribution; and39324. If the regionally significant transportation facility to3933be constructed or improved is under the maintenance authority of3934a governmental entity, as defined by s.334.03(12), other than3935the local government with jurisdiction over the development of3936regional impact, the developer is required to enter into a3937binding and legally enforceable commitment to transfer funds to3938the governmental entity having maintenance authority or to3939otherwise assure construction or improvement of the facility.3940 3941The proportionate-share contribution may be applied to any3942transportation facility to satisfy the provisions of this3943subsection and the local comprehensive plan, but, for the3944purposes of this subsection, the amount of the proportionate3945share contribution shall be calculated based upon the cumulative3946number of trips from the proposed development expected to reach3947roadways during the peak hour from the complete buildout of a3948stage or phase being approved, divided by the change in the peak3949hour maximum service volume of roadways resulting from3950construction of an improvement necessary to maintain the adopted3951level of service, multiplied by the construction cost, at the3952time of developer payment, of the improvement necessary to3953maintain the adopted level of service. For purposes of this3954subsection, “construction cost” includes all associated costs of3955the improvement. Proportionate-share mitigation shall be limited3956to ensure that a development of regional impact meeting the3957requirements of this subsection mitigates its impact on the3958transportation system but is not responsible for the additional3959cost of reducing or eliminating backlogs. This subsection also3960applies to Florida Quality Developments pursuant to s.380.0613961and to detailed specific area plans implementing optional sector3962plans pursuant to s.163.3245.3963(b) As used in this subsection, the term “backlog” means a3964facility or facilities on which the adopted level-of-service3965standard is exceeded by the existing trips, plus additional3966projected background trips from any source other than the3967development project under review that are forecast by3968established traffic standards, including traffic modeling,3969consistent with the University of Florida Bureau of Economic and3970Business Research medium population projections. Additional3971projected background trips are to be coincident with the3972particular stage or phase of development under review.3973(13) School concurrency shall be established on a3974districtwide basis and shall include all public schools in the3975district and all portions of the district, whether located in a3976municipality or an unincorporated area unless exempt from the3977public school facilities element pursuant to s.163.3177(12).3978 (6)(a) If concurrency is applied to public education 3979 facilities,The application of school concurrency to development3980shall be based upon the adopted comprehensive plan, as amended.3981 all local governments within a county, except as provided in 3982 paragraph (i)(f), shall include principles, guidelines, 3983 standards, and strategies, including adopted levels of service, 3984 in their comprehensive plans andadopt and transmit to the state3985land planning agencythe necessary plan amendments, along with3986theinterlocal agreements. If the county and one or more 3987 municipalities have adopted school concurrency into its 3988 comprehensive plan and interlocal agreement that represents at 3989 least 80 percent of the total countywide population, the failure 3990 of one or more municipalities to adopt the concurrency and enter 3991 into the interlocal agreement does not preclude implementation 3992 of school concurrency within the school districtagreement, for3993a compliance review pursuant to s.163.3184(7) and (8).The3994minimum requirements for school concurrency are the following:3995(a)Public school facilities element.—A local government3996shall adopt and transmit to the state land planning agency a3997plan or plan amendment which includes a public school facilities3998element which is consistent with the requirements of s.3999163.3177(12) and which is determined to be in compliance as4000defined in s.163.3184(1)(b).All local government provisions 4001 included in comprehensive plans regarding school concurrency 4002public school facilities plan elementswithin a county must be 4003 consistent with each other as well as the requirements of this 4004 part. 4005 (b)Level-of-service standards.—The Legislature recognizes4006that an essential requirement for a concurrency management4007system is the level of service at which a public facility is4008expected to operate.40091.Local governments and school boards imposing school 4010 concurrency shall exercise authority in conjunction with each 4011 other to establish jointly adequate level-of-service standards,4012as defined in chapter 9J-5, Florida Administrative Code,4013 necessary to implement the adopted local government 4014 comprehensive plan, based on data and analysis. 4015 (c)2.Public school level-of-service standards shall be 4016 included and adopted into the capital improvements element of 4017 the local comprehensive plan and shall apply districtwide to all 4018 schools of the same type. Types of schools may include 4019 elementary, middle, and high schools as well as special purpose 4020 facilities such as magnet schools. 4021 (d)3.Local governments and school boards mayshall have4022the option toutilize tiered level-of-service standards to allow 4023 time to achieve an adequate and desirable level of service as 4024 circumstances warrant. 4025 (e)4.For the purpose of determining whether levels of4026service have been achieved, for the first 3 years of school4027concurrency implementation,A school district that includes 4028 relocatable facilities in its inventory of student stations 4029 shall include the capacity of such relocatable facilities as 4030 provided in s. 1013.35(2)(b)2.f., provided the relocatable 4031 facilities were purchased after 1998 and the relocatable 4032 facilities meet the standards for long-term use pursuant to s. 4033 1013.20. 4034(c)Service areas.—The Legislature recognizes that an4035essential requirement for a concurrency system is a designation4036of the area within which the level of service will be measured4037when an application for a residential development permit is4038reviewed for school concurrency purposes. This delineation is4039also important for purposes of determining whether the local4040government has a financially feasible public school capital4041facilities program that will provide schools which will achieve4042and maintain the adopted level-of-service standards.4043 (f)1. In order to balance competing interests, preserve the 4044 constitutional concept of uniformity, and avoid disruption of 4045 existing educational and growth management processes, local 4046 governments are encouraged, if they elect to adopt school 4047 concurrency, toinitiallyapply school concurrency to 4048 developmentonlyon a districtwide basis so that a concurrency 4049 determination for a specific development will be based upon the 4050 availability of school capacity districtwide.To ensure that4051development is coordinated with schools having available4052capacity, within 5 years after adoption of school concurrency,4053 2. If a local government elects togovernments shallapply 4054 school concurrency on a less than districtwide basis, bysuch as4055 using school attendance zones or concurrency service areas:, as4056provided in subparagraph 2.4057 a.2.For local governments applying school concurrency on a4058less than districtwide basis, such as utilizing school4059attendance zones or larger school concurrency service areas,4060 Local governments and school boards shall have the burden to 4061 demonstrate that the utilization of school capacity is maximized 4062 to the greatest extent possible in the comprehensive plan and 4063 amendment, taking into account transportation costs and court 4064 approved desegregation plans, as well as other factors. In 4065 addition, in order to achieve concurrency within the service 4066 area boundaries selected by local governments and school boards, 4067 the service area boundaries, together with the standards for 4068 establishing those boundaries, shall be identified and included 4069 as supporting data and analysis for the comprehensive plan. 4070 b.3.Where school capacity is available on a districtwide 4071 basis but school concurrency is applied on a less than 4072 districtwide basis in the form of concurrency service areas, if 4073 the adopted level-of-service standard cannot be met in a 4074 particular service area as applied to an application for a 4075 development permit and if the needed capacity for the particular 4076 service area is available in one or more contiguous service 4077 areas, as adopted by the local government, then the local 4078 government may not deny an application for site plan or final 4079 subdivision approval or the functional equivalent for a 4080 development or phase of a development on the basis of school 4081 concurrency, and if issued, development impacts shall be 4082 subtracted from theshifted tocontiguous service area’sareas4083with schools having availablecapacity totals. Students from the 4084 development may not be required to go to the adjacent service 4085 area unless the school board rezones the area in which the 4086 development occurs. 4087 (g)(d)Financial feasibility.—The Legislature recognizes4088that financial feasibility is an important issue becauseThe 4089 premise of concurrency is that the public facilities will be 4090 provided in order to achieve and maintain the adopted level-of 4091 service standard.This part and chapter 9J-5, Florida4092Administrative Code, contain specific standards to determine the4093financial feasibility of capital programs. These standards were4094adopted to make concurrency more predictable and local4095governments more accountable.40961.A comprehensive plan that imposesamendment seeking to4097imposeschool concurrency shall contain appropriate amendments 4098 to the capital improvements element of the comprehensive plan, 4099 consistent with the requirements of s. 163.3177(3)and rule 9J41005.016, Florida Administrative Code. The capital improvements 4101 element shall identify facilities necessary to meet adopted 4102 levels of service during a 5-year period consistent with the 4103 school board’s educationalset forth a financially feasible4104public school capitalfacilities planprogram, established in4105conjunction with the school board, that demonstrates that the4106adopted level-of-service standards will be achieved and4107maintained. 4108 (h)1. In order to limit the liability of local governments, 4109 a local government may allow a landowner to proceed with 4110 development of a specific parcel of land notwithstanding a 4111 failure of the development to satisfy school concurrency, if all 4112 the following factors are shown to exist: 4113 a. The proposed development would be consistent with the 4114 future land use designation for the specific property and with 4115 pertinent portions of the adopted local plan, as determined by 4116 the local government. 4117 b. The local government’s capital improvements element and 4118 the school board’s educational facilities plan provide for 4119 school facilities adequate to serve the proposed development, 4120 and the local government or school board has not implemented 4121 that element, or the project includes a plan that demonstrates 4122 that the capital facilities needed as a result of the project 4123 can be reasonably provided. 4124 c. The local government and school board have provided a 4125 means by which the landowner will be assessed a proportionate 4126 share of the cost of providing the school facilities necessary 4127 to serve the proposed development. 41282. Such amendments shall demonstrate that the public school4129capital facilities program meets all of the financial4130feasibility standards of this part and chapter 9J-5, Florida4131Administrative Code, that apply to capital programs which4132provide the basis for mandatory concurrency on other public4133facilities and services.41343. When the financial feasibility of a public school4135capital facilities program is evaluated by the state land4136planning agency for purposes of a compliance determination, the4137evaluation shall be based upon the service areas selected by the4138local governments and school board.4139 2.(e)Availability standard.—IfConsistent with the public4140welfare,a local government applies school concurrency, it may 4141 not deny an application for site plan, final subdivision 4142 approval, or the functional equivalent for a development or 4143 phase of a development authorizing residential development for 4144 failure to achieve and maintain the level-of-service standard 4145 for public school capacity in a local school concurrency 4146 management system where adequate school facilities will be in 4147 place or under actual construction within 3 years after the 4148 issuance of final subdivision or site plan approval, or the 4149 functional equivalent. School concurrency is satisfied if the 4150 developer executes a legally binding commitment to provide 4151 mitigation proportionate to the demand for public school 4152 facilities to be created by actual development of the property, 4153 including, but not limited to, the options described in sub 4154 subparagraph a.subparagraph 1. Options for proportionate-share 4155 mitigation of impacts on public school facilities must be 4156 established in the comprehensive planpublic school facilities4157elementand the interlocal agreement pursuant to s. 163.31777. 4158 a.1.Appropriate mitigation options include the 4159 contribution of land; the construction, expansion, or payment 4160 for land acquisition or construction of a public school 4161 facility; the construction of a charter school that complies 4162 with the requirements of s. 1002.33(18); or the creation of 4163 mitigation banking based on the construction of a public school 4164 facility in exchange for the right to sell capacity credits. 4165 Such options must include execution by the applicant and the 4166 local government of a development agreement that constitutes a 4167 legally binding commitment to pay proportionate-share mitigation 4168 for the additional residential units approved by the local 4169 government in a development order and actually developed on the 4170 property, taking into account residential density allowed on the 4171 property prior to the plan amendment that increased the overall 4172 residential density. The district school board must be a party 4173 to such an agreement. As a condition of its entry into such a 4174 development agreement, the local government may require the 4175 landowner to agree to continuing renewal of the agreement upon 4176 its expiration. 4177 b.2.If the interlocal agreementeducation facilities plan4178 and the local government comprehensive planpublic educational4179facilities elementauthorize a contribution of land; the 4180 construction, expansion, or payment for land acquisition; the 4181 construction or expansion of a public school facility, or a 4182 portion thereof; or the construction of a charter school that 4183 complies with the requirements of s. 1002.33(18), as 4184 proportionate-share mitigation, the local government shall 4185 credit such a contribution, construction, expansion, or payment 4186 toward any other impact fee or exaction imposed by local 4187 ordinance for the same need, on a dollar-for-dollar basis at 4188 fair market value. 4189 c.3.Any proportionate-share mitigation must be directed by 4190 the school board toward a school capacity improvement identified 4191 in thea financially feasible5-year school board’s educational 4192 facilitiesdistrict workplan that satisfies the demands created 4193 by the development in accordance with a binding developer’s 4194 agreement. 41954. If a development is precluded from commencing because4196there is inadequate classroom capacity to mitigate the impacts4197of the development, the development may nevertheless commence if4198there are accelerated facilities in an approved capital4199improvement element scheduled for construction in year four or4200later of such plan which, when built, will mitigate the proposed4201development, or if such accelerated facilities will be in the4202next annual update of the capital facilities element, the4203developer enters into a binding, financially guaranteed4204agreement with the school district to construct an accelerated4205facility within the first 3 years of an approved capital4206improvement plan, and the cost of the school facility is equal4207to or greater than the development’s proportionate share. When4208the completed school facility is conveyed to the school4209district, the developer shall receive impact fee credits usable4210within the zone where the facility is constructed or any4211attendance zone contiguous with or adjacent to the zone where4212the facility is constructed.4213 3.5.This paragraph does not limit the authority of a local 4214 government to deny a development permit or its functional 4215 equivalent pursuant to its home rule regulatory powers, except 4216 as provided in this part. 4217 (i)(f)Intergovernmental coordination.—42181. When establishing concurrency requirements for public4219schools, a local government shall satisfy the requirements for4220intergovernmental coordination set forth in s.163.3177(6)(h)1.4221and 2., except thatA municipality is not required to be a 4222 signatory to the interlocal agreement required by paragraph (j) 4223ss.163.3177(6)(h)2. and163.31777(6), as a prerequisite for 4224 imposition of school concurrency, and as a nonsignatory, shall 4225 not participate in the adopted local school concurrency system, 4226 if the municipality meets all of the following criteria for 4227 having no significant impact on school attendance: 4228 1.a.The municipality has issued development orders for 4229 fewer than 50 residential dwelling units during the preceding 5 4230 years, or the municipality has generated fewer than 25 4231 additional public school students during the preceding 5 years. 4232 2.b.The municipality has not annexed new land during the 4233 preceding 5 years in land use categories which permit 4234 residential uses that will affect school attendance rates. 4235 3.c.The municipality has no public schools located within 4236 its boundaries. 4237 4.d.At least 80 percent of the developable land within the 4238 boundaries of the municipality has been built upon. 42392. A municipality which qualifies as having no significant4240impact on school attendance pursuant to the criteria of4241subparagraph 1. must review and determine at the time of its4242evaluation and appraisal report pursuant to s.163.3191whether4243it continues to meet the criteria pursuant to s.163.31777(6).4244If the municipality determines that it no longer meets the4245criteria, it must adopt appropriate school concurrency goals,4246objectives, and policies in its plan amendments based on the4247evaluation and appraisal report, and enter into the existing4248interlocal agreement required by ss.163.3177(6)(h)2. and4249163.31777, in order to fully participate in the school4250concurrency system. If such a municipality fails to do so, it4251will be subject to the enforcement provisions of s.163.3191.4252 (j)(g)Interlocal agreement for school concurrency.—When 4253 establishing concurrency requirements for public schools, a 4254 local government must enter into an interlocal agreement that 4255 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and 4256 163.31777 and the requirements of this subsection. The 4257 interlocal agreement shall acknowledge both the school board’s 4258 constitutional and statutory obligations to provide a uniform 4259 system of free public schools on a countywide basis, and the 4260 land use authority of local governments, including their 4261 authority to approve or deny comprehensive plan amendments and 4262 development orders.The interlocal agreement shall be submitted4263to the state land planning agency by the local government as a4264part of the compliance review, along with the other necessary4265amendments to the comprehensive plan required by this part. In4266addition to the requirements of ss.163.3177(6)(h) and4267163.31777,The interlocal agreement shall meet the following 4268 requirements: 4269 1. Establish the mechanisms for coordinating the 4270 development, adoption, and amendment of each local government’s 4271 school-concurrency-related provisions of the comprehensive plan 4272public school facilities elementwith each other and the plans 4273 of the school board to ensure a uniform districtwide school 4274 concurrency system. 42752. Establish a process for the development of siting4276criteria which encourages the location of public schools4277proximate to urban residential areas to the extent possible and4278seeks to collocate schools with other public facilities such as4279parks, libraries, and community centers to the extent possible.4280 2.3.Specify uniform, districtwide level-of-service 4281 standards for public schools of the same type and the process 4282 for modifying the adopted level-of-service standards. 42834. Establish a process for the preparation, amendment, and4284joint approval by each local government and the school board of4285a public school capital facilities program which is financially4286feasible, and a process and schedule for incorporation of the4287public school capital facilities program into the local4288government comprehensive plans on an annual basis.4289 3.5.Define the geographic application of school 4290 concurrency. If school concurrency is to be applied on a less 4291 than districtwide basis in the form of concurrency service 4292 areas, the agreement shall establish criteria and standards for 4293 the establishment and modification of school concurrency service 4294 areas.The agreement shall also establish a process and schedule4295for the mandatory incorporation of the school concurrency4296service areas and the criteria and standards for establishment4297of the service areas into the local government comprehensive4298plans.The agreement shall ensure maximum utilization of school 4299 capacity, taking into account transportation costs and court 4300 approved desegregation plans, as well as other factors.The4301agreement shall also ensure the achievement and maintenance of4302the adopted level-of-service standards for the geographic area4303of application throughout the 5 years covered by the public4304school capital facilities plan and thereafter by adding a new4305fifth year during the annual update.4306 4.6.Establish a uniform districtwide procedure for 4307 implementing school concurrency which provides for: 4308 a. The evaluation of development applications for 4309 compliance with school concurrency requirements, including 4310 information provided by the school board on affected schools, 4311 impact on levels of service, and programmed improvements for 4312 affected schools and any options to provide sufficient capacity; 4313 b. An opportunity for the school board to review and 4314 comment on the effect of comprehensive plan amendments and 4315 rezonings on the public school facilities plan; and 4316 c. The monitoring and evaluation of the school concurrency 4317 system. 43187. Include provisions relating to amendment of the4319agreement.4320 5.8.A process and uniform methodology for determining 4321 proportionate-share mitigation pursuant to paragraph (h) 4322subparagraph(e)1. 4323 (k)(h)Local government authority.—This subsection does not 4324 limit the authority of a local government to grant or deny a 4325 development permit or its functional equivalent prior to the 4326 implementation of school concurrency. 4327(14) The state land planning agency shall, by October 1,43281998, adopt by rule minimum criteria for the review and4329determination of compliance of a public school facilities4330element adopted by a local government for purposes of imposition4331of school concurrency.4332(15)(a) Multimodal transportation districts may be4333established under a local government comprehensive plan in areas4334delineated on the future land use map for which the local4335comprehensive plan assigns secondary priority to vehicle4336mobility and primary priority to assuring a safe, comfortable,4337and attractive pedestrian environment, with convenient4338interconnection to transit. Such districts must incorporate4339community design features that will reduce the number of4340automobile trips or vehicle miles of travel and will support an4341integrated, multimodal transportation system. Prior to the4342designation of multimodal transportation districts, the4343Department of Transportation shall be consulted by the local4344government to assess the impact that the proposed multimodal4345district area is expected to have on the adopted level-of4346service standards established for Strategic Intermodal System4347facilities, as defined in s.339.64, and roadway facilities4348funded in accordance with s.339.2819. Further, the local4349government shall, in cooperation with the Department of4350Transportation, develop a plan to mitigate any impacts to the4351Strategic Intermodal System, including the development of a4352long-term concurrency management system pursuant to subsection4353(9) and s.163.3177(3)(d). Multimodal transportation districts4354existing prior to July 1, 2005, shall meet, at a minimum, the4355provisions of this section by July 1, 2006, or at the time of4356the comprehensive plan update pursuant to the evaluation and4357appraisal report, whichever occurs last.4358(b) Community design elements of such a district include: a4359complementary mix and range of land uses, including educational,4360recreational, and cultural uses; interconnected networks of4361streets designed to encourage walking and bicycling, with4362traffic-calming where desirable; appropriate densities and4363intensities of use within walking distance of transit stops;4364daily activities within walking distance of residences, allowing4365independence to persons who do not drive; public uses, streets,4366and squares that are safe, comfortable, and attractive for the4367pedestrian, with adjoining buildings open to the street and with4368parking not interfering with pedestrian, transit, automobile,4369and truck travel modes.4370(c) Local governments may establish multimodal level-of4371service standards that rely primarily on nonvehicular modes of4372transportation within the district, when justified by an4373analysis demonstrating that the existing and planned community4374design will provide an adequate level of mobility within the4375district based upon professionally accepted multimodal level-of4376service methodologies. The analysis must also demonstrate that4377the capital improvements required to promote community design4378are financially feasible over the development or redevelopment4379timeframe for the district and that community design features4380within the district provide convenient interconnection for a4381multimodal transportation system. Local governments may issue4382development permits in reliance upon all planned community4383design capital improvements that are financially feasible over4384the development or redevelopment timeframe for the district,4385without regard to the period of time between development or4386redevelopment and the scheduled construction of the capital4387improvements. A determination of financial feasibility shall be4388based upon currently available funding or funding sources that4389could reasonably be expected to become available over the4390planning period.4391(d) Local governments may reduce impact fees or local4392access fees for development within multimodal transportation4393districts based on the reduction of vehicle trips per household4394or vehicle miles of travel expected from the development pattern4395planned for the district.4396(16) It is the intent of the Legislature to provide a4397method by which the impacts of development on transportation4398facilities can be mitigated by the cooperative efforts of the4399public and private sectors. The methodology used to calculate4400proportionate fair-share mitigation under this section shall be4401as provided for in subsection (12).4402(a) By December 1, 2006, each local government shall adopt4403by ordinance a methodology for assessing proportionate fair4404share mitigation options. By December 1, 2005, the Department of4405Transportation shall develop a model transportation concurrency4406management ordinance with methodologies for assessing4407proportionate fair-share mitigation options.4408(b)1. In its transportation concurrency management system,4409a local government shall, by December 1, 2006, include4410methodologies that will be applied to calculate proportionate4411fair-share mitigation. A developer may choose to satisfy all4412transportation concurrency requirements by contributing or4413paying proportionate fair-share mitigation if transportation4414facilities or facility segments identified as mitigation for4415traffic impacts are specifically identified for funding in the44165-year schedule of capital improvements in the capital4417improvements element of the local plan or the long-term4418concurrency management system or if such contributions or4419payments to such facilities or segments are reflected in the 54420year schedule of capital improvements in the next regularly4421scheduled update of the capital improvements element. Updates to4422the 5-year capital improvements element which reflect4423proportionate fair-share contributions may not be found not in4424compliance based on ss.163.3164(32) and163.3177(3) if4425additional contributions, payments or funding sources are4426reasonably anticipated during a period not to exceed 10 years to4427fully mitigate impacts on the transportation facilities.44282. Proportionate fair-share mitigation shall be applied as4429a credit against impact fees to the extent that all or a portion4430of the proportionate fair-share mitigation is used to address4431the same capital infrastructure improvements contemplated by the4432local government’s impact fee ordinance.4433(c) Proportionate fair-share mitigation includes, without4434limitation, separately or collectively, private funds,4435contributions of land, and construction and contribution of4436facilities and may include public funds as determined by the4437local government. Proportionate fair-share mitigation may be4438directed toward one or more specific transportation improvements4439reasonably related to the mobility demands created by the4440development and such improvements may address one or more modes4441of travel. The fair market value of the proportionate fair-share4442mitigation shall not differ based on the form of mitigation. A4443local government may not require a development to pay more than4444its proportionate fair-share contribution regardless of the4445method of mitigation. Proportionate fair-share mitigation shall4446be limited to ensure that a development meeting the requirements4447of this section mitigates its impact on the transportation4448system but is not responsible for the additional cost of4449reducing or eliminating backlogs.4450(d) This subsection does not require a local government to4451approve a development that is not otherwise qualified for4452approval pursuant to the applicable local comprehensive plan and4453land development regulations.4454(e) Mitigation for development impacts to facilities on the4455Strategic Intermodal System made pursuant to this subsection4456requires the concurrence of the Department of Transportation.4457(f) If the funds in an adopted 5-year capital improvements4458element are insufficient to fully fund construction of a4459transportation improvement required by the local government’s4460concurrency management system, a local government and a4461developer may still enter into a binding proportionate-share4462agreement authorizing the developer to construct that amount of4463development on which the proportionate share is calculated if4464the proportionate-share amount in such agreement is sufficient4465to pay for one or more improvements which will, in the opinion4466of the governmental entity or entities maintaining the4467transportation facilities, significantly benefit the impacted4468transportation system. The improvements funded by the4469proportionate-share component must be adopted into the 5-year4470capital improvements schedule of the comprehensive plan at the4471next annual capital improvements element update. The funding of4472any improvements that significantly benefit the impacted4473transportation system satisfies concurrency requirements as a4474mitigation of the development’s impact upon the overall4475transportation system even if there remains a failure of4476concurrency on other impacted facilities.4477(g) Except as provided in subparagraph (b)1., this section4478may not prohibit the Department of Community Affairs from4479finding other portions of the capital improvements element4480amendments not in compliance as provided in this chapter.4481(h) The provisions of this subsection do not apply to a4482development of regional impact satisfying the requirements of4483subsection (12).4484(i) As used in this subsection, the term “backlog” means a4485facility or facilities on which the adopted level-of-service4486standard is exceeded by the existing trips, plus additional4487projected background trips from any source other than the4488development project under review that are forecast by4489established traffic standards, including traffic modeling,4490consistent with the University of Florida Bureau of Economic and4491Business Research medium population projections. Additional4492projected background trips are to be coincident with the4493particular stage or phase of development under review.4494(17) A local government and the developer of affordable4495workforce housing units developed in accordance with s.4496380.06(19) or s.380.0651(3) may identify an employment center4497or centers in close proximity to the affordable workforce4498housing units. If at least 50 percent of the units are occupied4499by an employee or employees of an identified employment center4500or centers, all of the affordable workforce housing units are4501exempt from transportation concurrency requirements, and the4502local government may not reduce any transportation trip4503generation entitlements of an approved development-of-regional4504impact development order. As used in this subsection, the term4505“close proximity” means 5 miles from the nearest point of the4506development of regional impact to the nearest point of the4507employment center, and the term “employment center” means a4508place of employment that employs at least 25 or more full-time4509employees.4510 Section 16. Subsection (5) of section 163.31801, Florida 4511 Statutes, is reenacted, and subsection (6) is added to that 4512 section, to read: 4513 163.31801 Impact fees; short title; intent; definitions; 4514 ordinances levying impact fees.— 4515 (5) In any action challenging an impact fee, the government 4516 has the burden of proving by a preponderance of the evidence 4517 that the imposition or amount of the fee meets the requirements 4518 of state legal precedent or this section. The court may not use 4519 a deferential standard. 4520 (6) Notwithstanding any law, ordinance, or resolution to 4521 the contrary, a county, municipality, or special district may 4522 not increase any existing impact fees or impose any new, 4523 increased impact fees on nonresidential development. This 4524 subsection does not affect impact fees pledged or obligated to 4525 the retirement of debt; impact fee increases that were 4526 previously enacted by law, ordinance, or resolution and phased 4527 in over time or included a consumer price index or other yearly 4528 escalator; or impact fees for water or wastewater facilities. 4529 This subsection expires July 1, 2013. 4530 Section 17. Section 163.3182, Florida Statutes, is amended 4531 to read: 4532 163.3182 Transportation deficienciesconcurrency backlogs.— 4533 (1) DEFINITIONS.—For purposes of this section, the term: 4534 (a) “Transportation deficiencyconcurrency backlogarea” 4535 means the geographic area within the unincorporated portion of a 4536 county or within the municipal boundary of a municipality 4537 designated in a local government comprehensive plan for which a 4538 transportation developmentconcurrency backlogauthority is 4539 created pursuant to this section. A transportation deficiency 4540concurrency backlogarea created within the corporate boundary 4541 of a municipality shall be made pursuant to an interlocal 4542 agreement between a county, a municipality or municipalities, 4543 and any affected taxing authority or authorities. 4544 (b) “Authority” or “transportation developmentconcurrency4545backlogauthority” means the governing body of a county or 4546 municipality within which an authority is created. 4547 (c) “Governing body” means the council, commission, or 4548 other legislative body charged with governing the county or 4549 municipality within which a transportation deficiency 4550concurrency backlogauthority is created pursuant to this 4551 section. 4552 (d) “Transportation deficiencyconcurrency backlog” means 4553 an identified needdeficiencywhere the existing and projected 4554 extent of traffic or projected traffic volume exceeds the level 4555 of service standard adopted in a local government comprehensive 4556 plan for a transportation facility. 4557 (e) “Transportation sufficiencyconcurrency backlogplan” 4558 means the plan adopted as part of a local government 4559 comprehensive plan by the governing body of a county or 4560 municipality acting as a transportation developmentconcurrency4561backlogauthority. 4562 (f) “Transportationconcurrency backlogproject” means any 4563 designated transportation project that will mitigate a 4564 deficiency identified in a transportation sufficiency plan 4565identified for construction within the jurisdiction of a4566transportation concurrency backlog authority. 4567 (g) “Debt service millage” means any millage levied 4568 pursuant to s. 12, Art. VII of the State Constitution. 4569 (h) “Increment revenue” means the amount calculated 4570 pursuant to subsection (5). 4571 (i) “Taxing authority” means a public body that levies or 4572 is authorized to levy an ad valorem tax on real property located 4573 within a transportation deficiencyconcurrency backlogarea, 4574 except a school district. 4575 (2) CREATION OF TRANSPORTATION DEVELOPMENTCONCURRENCY4576BACKLOGAUTHORITIES.— 4577 (a) A county or municipality may create a transportation 4578 developmentconcurrency backlogauthority if it has an 4579 identified transportation deficiencyconcurrency backlog. 4580 (b) Acting as the transportation developmentconcurrency4581backlogauthority within the authority’s jurisdictional 4582 boundary, the governing body of a county or municipality shall 4583 adopt and implement a plan to eliminate all identified 4584 transportation deficienciesconcurrency backlogswithin the 4585 authority’s jurisdiction using funds provided pursuant to 4586 subsection (5) and as otherwise provided pursuant to this 4587 section. 4588 (c) The Legislature finds and declares that there exist in 4589 many counties and municipalities areas that have significant 4590 transportation deficiencies and inadequate transportation 4591 facilities; that many insufficiencies and inadequacies severely 4592 limit or prohibit the satisfaction of adopted transportation 4593 level-of-serviceconcurrencystandards; that the transportation 4594 insufficiencies and inadequacies affect the health, safety, and 4595 welfare of the residents of these counties and municipalities; 4596 that the transportation insufficiencies and inadequacies 4597 adversely affect economic development and growth of the tax base 4598 for the areas in which these insufficiencies and inadequacies 4599 exist; and that the elimination of transportation deficiencies 4600 and inadequacies and the satisfaction of transportation level 4601 of-serviceconcurrencystandards are paramount public purposes 4602 for the state and its counties and municipalities. 4603 (3) POWERS OF A TRANSPORTATION DEVELOPMENTCONCURRENCY4604BACKLOGAUTHORITY.—Each transportation developmentconcurrency4605backlogauthority created pursuant to this section has the 4606 powers necessary or convenient to carry out the purposes of this 4607 section, including the following powers in addition to others 4608 granted in this section: 4609 (a) To make and execute contracts and other instruments 4610 necessary or convenient to the exercise of its powers under this 4611 section. 4612 (b) To undertake and carry out transportationconcurrency4613backlogprojects for transportation facilities designed to 4614 relieve transportation deficienciesthat havea concurrency4615backlogwithin the authority’s jurisdiction. Transportation 4616Concurrency backlogprojects may include transportation 4617 facilities that provide for alternative modes of travel 4618 including sidewalks, bikeways, and mass transit which are 4619 related to a deficientbackloggedtransportation facility. 4620 (c) To invest any transportationconcurrency backlogfunds 4621 held in reserve, sinking funds, or any such funds not required 4622 for immediate disbursement in property or securities in which 4623 savings banks may legally invest funds subject to the control of 4624 the authority and to redeem such bonds as have been issued 4625 pursuant to this section at the redemption price established 4626 therein, or to purchase such bonds at less than redemption 4627 price. All such bonds redeemed or purchased shall be canceled. 4628 (d) To borrow money, including, but not limited to, issuing 4629 debt obligations such as, but not limited to, bonds, notes, 4630 certificates, and similar debt instruments; to apply for and 4631 accept advances, loans, grants, contributions, and any other 4632 forms of financial assistance from the Federal Government or the 4633 state, county, or any other public body or from any sources, 4634 public or private, for the purposes of this part; to give such 4635 security as may be required; to enter into and carry out 4636 contracts or agreements; and to include in any contracts for 4637 financial assistance with the Federal Government for or with 4638 respect to a transportationconcurrency backlogproject and 4639 related activities such conditions imposed under federal laws as 4640 the transportation deficiencyconcurrency backlogauthority 4641 considers reasonable and appropriate and which are not 4642 inconsistent with the purposes of this section. 4643 (e) To make or have made all surveys and plans necessary to 4644 the carrying out of the purposes of this section; to contract 4645 with any persons, public or private, in making and carrying out 4646 such plans; and to adopt, approve, modify, or amend such 4647 transportation sufficiencyconcurrency backlogplans. 4648 (f) To appropriate such funds and make such expenditures as 4649 are necessary to carry out the purposes of this section, and to 4650 enter into agreements with other public bodies, which agreements 4651 may extend over any period notwithstanding any provision or rule 4652 of law to the contrary. 4653 (4) TRANSPORTATION SUFFICIENCYCONCURRENCY BACKLOGPLANS.— 4654(a)Each transportation developmentconcurrency backlog4655 authority shall adopt a transportation sufficiencyconcurrency4656backlogplan as a part of the local government comprehensive 4657 plan within 6 months after the creation of the authority. The 4658 plan must: 4659 (a)1.Identify all transportation facilities that have been 4660 designated as deficient and require the expenditure of moneys to 4661 upgrade, modify, or mitigate the deficiency. 4662 (b)2.Include a priority listing of all transportation 4663 facilities that have been designated as deficient and do not 4664 satisfyconcurrencyrequirements pursuant to s. 163.3180, and 4665 the applicable local government comprehensive plan. 4666 (c)3.Establish a schedule for financing and construction 4667 of transportationconcurrency backlogprojects that will 4668 eliminate transportation deficienciesconcurrency backlogs4669 within the jurisdiction of the authority within 10 years after 4670 the transportation sufficiencyconcurrency backlogplan 4671 adoption. If the utilization of mass transit is selected as all 4672 or part of the system solution, the improvements and service may 4673 extend outside the area of the transportation deficiency areas 4674 to the planned terminus of the improvement as long as the 4675 improvement provides capacity enhancements to a larger 4676 intermodal system. The schedule shall be adopted as part of the 4677 local government comprehensive plan. 4678(b) The adoption of the transportation concurrency backlog4679plan shall be exempt from the provisions of s.163.3187(1).4680 4681 Notwithstanding such schedule requirements, as long as the 4682 schedule provides for the elimination of all transportation 4683 deficienciesconcurrency backlogswithin 10 years after the 4684 adoption of the transportation sufficiencyconcurrency backlog4685 plan, the final maturity date of any debt incurred to finance or 4686 refinance the related projects may be no later than 40 years 4687 after the date the debt is incurred and the authority may 4688 continue operations and administer the trust fund established as 4689 provided in subsection (5) for as long as the debt remains 4690 outstanding. 4691 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation 4692 developmentconcurrency backlogauthority shall establish a 4693 local transportationconcurrency backlogtrust fund upon 4694 creation of the authority. Each local trust fund shall be 4695 administered by the transportation developmentconcurrency4696backlogauthority within which a transportation deficiencies 4697 haveconcurrency backloghas been identified. Each local trust 4698 fund must continue to be funded under this section for as long 4699 as the projects set forth in the related transportation 4700 sufficiencyconcurrency backlogplan remain to be completed or 4701 until any debt incurred to finance or refinance the related 4702 projects is no longer outstanding, whichever occurs later. 4703 Beginning in the first fiscal year after the creation of the 4704 authority, each local trust fund shall be funded by the proceeds 4705 of an ad valorem tax increment collected within each 4706 transportation deficiencyconcurrency backlogarea to be 4707 determined annually and shall be a minimum of 25 percent of the 4708 difference between the amounts set forth in paragraphs (a) and 4709 (b), except that if all of the affected taxing authorities agree 4710 under an interlocal agreement, a particular local trust fund may 4711 be funded by the proceeds of an ad valorem tax increment greater 4712 than 25 percent of the difference between the amounts set forth 4713 in paragraphs (a) and (b): 4714 (a) The amount of ad valorem tax levied each year by each 4715 taxing authority, exclusive of any amount from any debt service 4716 millage, on taxable real property contained within the 4717 jurisdiction of the transportation developmentconcurrency4718backlogauthority and within the transportation deficiency 4719backlogarea; and 4720 (b) The amount of ad valorem taxes which would have been 4721 produced by the rate upon which the tax is levied each year by 4722 or for each taxing authority, exclusive of any debt service 4723 millage, upon the total of the assessed value of the taxable 4724 real property within the transportation deficiencyconcurrency4725backlogarea as shown on the most recent assessment roll used in 4726 connection with the taxation of such property of each taxing 4727 authority prior to the effective date of the ordinance funding 4728 the trust fund. 4729 (6) EXEMPTIONS.— 4730 (a) The following public bodies or taxing authorities are 4731 exempt from the provisions of this section: 4732 1. A special district that levies ad valorem taxes on 4733 taxable real property in more than one county. 4734 2. A special district for which the sole available source 4735 of revenue is the authority to levy ad valorem taxes at the time 4736 an ordinance is adopted under this section. However, revenues or 4737 aid that may be dispensed or appropriated to a district as 4738 defined in s. 388.011 at the discretion of an entity other than 4739 such district shall not be deemed available. 4740 3. A library district. 4741 4. A neighborhood improvement district created under the 4742 Safe Neighborhoods Act. 4743 5. A metropolitan transportation authority. 4744 6. A water management district created under s. 373.069. 4745 7. A community redevelopment agency. 4746 (b) A transportation developmentconcurrency exemption4747 authority may also exempt from this section a special district 4748 that levies ad valorem taxes within the transportation 4749 deficiencyconcurrency backlogarea pursuant to s. 4750 163.387(2)(d). 4751 (7) TRANSPORTATION DEFICIENCYCONCURRENCYSATISFACTION. 4752 Upon adoption of a transportation sufficiencyconcurrency4753backlogplan as a part of the local government comprehensive 4754 plan, and the plan going into effect, the area subject to the 4755 plan shall be deemed to have achieved and maintained 4756 transportation level-of-service standards, and to have met 4757 requirements for financial feasibility for transportation 4758 facilities, and for the purpose of proposed development4759transportation concurrency has been satisfied. Proportionate 4760 fair-share mitigation shall be limited to ensure that a 4761 development inside a transportation deficiencyconcurrency4762backlogarea is not responsible for the additional costs of 4763 eliminating deficienciesbacklogs. 4764 (8) DISSOLUTION.—Upon completion of all transportation 4765concurrency backlogprojects identified in the transportation 4766 sufficiency plan and repayment or defeasance of all debt issued 4767 to finance or refinance such projects, a transportation 4768 developmentconcurrency backlogauthority shall be dissolved, 4769 and its assets and liabilities transferred to the county or 4770 municipality within which the authority is located. All 4771 remaining assets of the authority must be used for 4772 implementation of transportation projects within the 4773 jurisdiction of the authority. The local government 4774 comprehensive plan shall be amended to remove the transportation 4775 deficiencyconcurrency backlogplan. 4776 Section 18. Section 163.3184, Florida Statutes, is amended 4777 to read: 4778 163.3184 Process for adoption of comprehensive plan or plan 4779 amendment.— 4780 (1) DEFINITIONS.—As used in this section, the term: 4781 (a) “Affected person” includes the affected local 4782 government; persons owning property, residing, or owning or 4783 operating a business within the boundaries of the local 4784 government whose plan is the subject of the review; owners of 4785 real property abutting real property that is the subject of a 4786 proposed change to a future land use map; and adjoining local 4787 governments that can demonstrate that the plan or plan amendment 4788 will produce substantial impacts on the increased need for 4789 publicly funded infrastructure or substantial impacts on areas 4790 designated for protection or special treatment within their 4791 jurisdiction. Each person, other than an adjoining local 4792 government, in order to qualify under this definition, shall 4793 also have submitted oral or written comments, recommendations, 4794 or objections to the local government during the period of time 4795 beginning with the transmittal hearing for the plan or plan 4796 amendment and ending with the adoption of the plan or plan 4797 amendment. 4798 (b) “In compliance” means consistent with the requirements 4799 of ss. 163.3177, 163.3178, 163.3180, 163.3191,and163.3245, and 4800 163.3248with the state comprehensive plan, with the appropriate 4801 strategic regional policy plan,and with chapter 9J-5, Florida4802Administrative Code, where such rule is not inconsistent with4803this partand with the principles for guiding development in 4804 designated areas of critical state concern and with part III of 4805 chapter 369, where applicable. 4806 (c) “Reviewing agencies” means: 4807 1. The state land planning agency; 4808 2. The appropriate regional planning council; 4809 3. The appropriate water management district; 4810 4. The Department of Environmental Protection; 4811 5. The Department of State; 4812 6. The Department of Transportation; 4813 7. In the case of plan amendments relating to public 4814 schools, the Department of Education; 4815 8. In the case of plans or plan amendments that affect a 4816 military installation listed in s. 163.3175, the commanding 4817 officer of the affected military installation; 4818 9. In the case of county plans and plan amendments, the 4819 Fish and Wildlife Conservation Commission and the Department of 4820 Agriculture and Consumer Services; and 4821 10. In the case of municipal plans and plan amendments, the 4822 county in which the municipality is located. 4823 (2) COORDINATION.—Each comprehensive plan or plan amendment 4824 proposed to be adopted pursuant to this part, except amendments 4825 adopted pursuant to s. 163.32465 or s. 163.3187, shall be 4826 transmitted, adopted, and reviewed in the manner prescribed in 4827 this section. The state land planning agency shall have 4828 responsibility for plan review, coordination, and the 4829 preparation and transmission of comments, pursuant to this 4830 section, to the local governing body responsible for the 4831 comprehensive plan. The state land planning agency shall 4832 maintain a single file concerning any proposed or adopted plan 4833 amendment submitted by a local government for any review under 4834 this section. Copies of all correspondence, papers, notes, 4835 memoranda, and other documents received or generated by the 4836 state land planning agency must be placed in the appropriate 4837 file. Paper copies of all electronic mail correspondence must be 4838 placed in the file. The file and its contents must be available 4839 for public inspection and copying as provided in chapter 119. 4840 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR 4841 AMENDMENT.— 4842 (a) Each local governing body shall transmit the complete 4843 proposed comprehensive plan or plan amendment to the reviewing 4844 agenciesstate land planning agency, the appropriate regional4845planning council and water management district, the Department4846of Environmental Protection, the Department of State, and the4847Department of Transportation, and, in the case of municipal4848plans, to the appropriate county, and, in the case of county4849plans, to the Fish and Wildlife Conservation Commission and the4850Department of Agriculture and Consumer Services,immediately 4851 following a public hearing pursuant to subsection (15)as4852specified in the state land planning agency’s procedural rules. 4853 The local governing body shall also transmit a copy of the 4854 complete proposed comprehensive plan or plan amendment to any 4855 other unit of local government or government agency in the state 4856 that has filed a written request with the governing body for the 4857 plan or plan amendment. The local government may request a 4858 review by the state land planning agency pursuant to subsection 4859 (6) at the time of the transmittal of an amendment. 4860 (b) A local governing body shall not transmit portions of a 4861 plan or plan amendment unless it has previously provided to all 4862 state agencies designated by the state land planning agency a 4863 complete copy of its adopted comprehensive plan pursuant to 4864 subsection (7)and as specified in the agency’s procedural4865rules. In the case of comprehensive plan amendments, the local 4866 governing body shall transmit to the state land planning agency, 4867 the other reviewing agenciesappropriate regional planning4868council and water management district, the Department of4869Environmental Protection, the Department of State, and the4870Department of Transportation, and, in the case of municipal4871plans, to the appropriate county and, in the case of county4872plans, to the Fish and Wildlife Conservation Commission and the4873Department of Agriculture and Consumer Servicesthe supporting 4874 materialsspecified in the state land planning agency’s4875procedural rulesand, in cases in which the plan amendment is a 4876 result of an evaluation and appraisal report adopted pursuant to 4877 s. 163.3191, a copy of the evaluation and appraisal report. 4878 Local governing bodies shall consolidate all proposed plan 4879 amendments into a single submission for each of the two plan 4880 amendment adoption dates during the calendar year pursuant to s. 4881 163.3187. 4882 (c) A local government may adopt a proposed plan amendment 4883 previously transmitted pursuant to this subsection, unless 4884 review is requested or otherwise initiated pursuant to 4885 subsection (6). 4886 (d) In cases in which a local government transmits multiple 4887 individual amendments that can be clearly and legally separated 4888 and distinguished for the purpose of determining whether to 4889 review the proposed amendment, and the state land planning 4890 agency elects to review several or a portion of the amendments 4891 and the local government chooses to immediately adopt the 4892 remaining amendments not reviewed, the amendments immediately 4893 adopted and any reviewed amendments that the local government 4894 subsequently adopts together constitute one amendment cycle in 4895 accordance with s. 163.3187(1). 4896 (e) At the request of an applicant, a local government 4897 shall consider an application for zoning changes that would be 4898 required to properly enact the provisions of any proposed plan 4899 amendment transmitted pursuant to this subsection. Zoning 4900 changes approved by the local government are contingent upon the 4901 comprehensive plan or plan amendment transmitted becoming 4902 effective. 4903 (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies 4904 specified in paragraph (3)(a) shall provide comments to the 4905 state land planning agency within 30 days after receipt by the 4906 state land planning agency of the complete proposed plan 4907 amendment.If the plan or plan amendment includes or relates to4908the public school facilities element pursuant to s.4909163.3177(12), the state land planning agency shall submit a copy4910to the Office of Educational Facilities of the Commissioner of4911Education for review and comment.The appropriate regional 4912 planning council shall also provide its written comments to the 4913 state land planning agency within 30 days after receipt by the 4914 state land planning agency of the complete proposed plan 4915 amendment and shall specify any objections, recommendations for 4916 modifications, and comments of any other regional agencies to 4917 which the regional planning council may have referred the 4918 proposed plan amendment. Written comments submitted by the 4919 public within 30 days after notice of transmittal by the local 4920 government of the proposed plan amendment will be considered as 4921 if submitted by governmental agencies. All written agency and 4922 public comments must be made part of the file maintained under 4923 subsection (2). 4924 (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.—The review of 4925 the regional planning council pursuant to subsection (4) shall 4926 be limited to effects on regional resources or facilities 4927 identified in the strategic regional policy plan and 4928 extrajurisdictional impacts which would be inconsistent with the 4929 comprehensive plan of the affected local government. However, 4930 any inconsistency between a local plan or plan amendment and a 4931 strategic regional policy plan must not be the sole basis for a 4932 notice of intent to find a local plan or plan amendment not in 4933 compliance with this act. A regional planning council shall not 4934 review and comment on a proposed comprehensive plan it prepared 4935 itself unless the plan has been changed by the local government 4936 subsequent to the preparation of the plan by the regional 4937 planning agency. The review of the county land planning agency 4938 pursuant to subsection (4) shall be primarily in the context of 4939 the relationship and effect of the proposed plan amendment on 4940 any county comprehensive plan element. Any review by 4941 municipalities will be primarily in the context of the 4942 relationship and effect on the municipal plan. 4943 (6) STATE LAND PLANNING AGENCY REVIEW.— 4944 (a) For plan amendments being reviewed under this section, 4945 the state land planning agency shall review a proposed plan 4946 amendment upon request of a regional planning council, affected 4947 person, or local government transmitting the plan amendment. The 4948 request from the regional planning council or affected person 4949 must be received within 30 days after transmittal of the 4950 proposed plan amendment pursuant to subsection (3). A regional 4951 planning council or affected person requesting a review shall do 4952 so by submitting a written request to the agency with a notice 4953 of the request to the local government and any other person who 4954 has requested notice. 4955 (b) For plan amendments being reviewed under this section, 4956 the state land planning agency may review any proposed plan 4957 amendment regardless of whether a request for review has been 4958 made, if the agency gives notice to the local government, and 4959 any other person who has requested notice, of its intention to 4960 conduct such a review within 35 days after receipt of the 4961 complete proposed plan amendment. 4962 (c)The state land planning agency shall establish by rule4963a schedule for receipt of comments from the various government4964agencies, as well as written public comments, pursuant to4965subsection (4).If the state land planning agency elects to 4966 review the amendment or the agency is required to review the 4967 amendment as specified in paragraph (a), the agency shall issue 4968 a report giving its objections, recommendations, and comments 4969 regarding the proposed amendment within 60 days after receipt of 4970 the complete proposed amendment by the state land planning 4971 agency. When a federal, state, or regional agency has 4972 implemented a permitting program, the state land planning agency 4973 shall not require a local government to duplicate or exceed that 4974 permitting program in its comprehensive plan or to implement 4975 such a permitting program in its land development regulations. 4976 Nothing contained herein shall prohibit the state land planning 4977 agency in conducting its review of local plans or plan 4978 amendments from making objections, recommendations, and comments 4979 or making compliance determinations regarding densities and 4980 intensities consistent with the provisions of this part. In 4981 preparing its comments, the state land planning agency shall 4982 only base its considerations on written, and not oral, comments, 4983 from any source. 4984 (d) The state land planning agency review shall identify 4985 all written communications with the agency regarding the 4986 proposed plan amendment. If the state land planning agency does 4987 not issue such a review, it shall identify in writing to the 4988 local government all written communications received 30 days 4989 after transmittal. The written identification must include a 4990 list of all documents received or generated by the agency, which 4991 list must be of sufficient specificity to enable the documents 4992 to be identified and copies requested, if desired, and the name 4993 of the person to be contacted to request copies of any 4994 identified document. The list of documents must be made a part 4995 of the public records of the state land planning agency. 4996 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN 4997 OR AMENDMENTS AND TRANSMITTAL.— 4998 (a) The local government shall review the written comments 4999 submitted to it by the state land planning agency, and any other 5000 person, agency, or government. Any comments, recommendations, or 5001 objections and any reply to them shall be public documents, a 5002 part of the permanent record in the matter, and admissible in 5003 any proceeding in which the comprehensive plan or plan amendment 5004 may be at issue. The local government, upon receipt of written 5005 comments from the state land planning agency, shall have 120 5006 days to adopt or adopt with changes the proposed comprehensive 5007 plan or s. 163.3191 plan amendments. In the case of 5008 comprehensive plan amendments other than those proposed pursuant 5009 to s. 163.3191, the local government shall have 60 days to adopt 5010 the amendment, adopt the amendment with changes, or determine 5011 that it will not adopt the amendment. The adoption of the 5012 proposed plan or plan amendment or the determination not to 5013 adopt a plan amendment, other than a plan amendment proposed 5014 pursuant to s. 163.3191, shall be made in the course of a public 5015 hearing pursuant to subsection (15). The local government shall 5016 transmit the complete adopted comprehensive plan or plan 5017 amendment, including the names and addresses of persons compiled 5018 pursuant to paragraph (15)(c), to the state land planning agency 5019as specified in the agency’s procedural ruleswithin 10 working 5020 days after adoption. The local governing body shall also 5021 transmit a copy of the adopted comprehensive plan or plan 5022 amendment to the regional planning agency and to any other unit 5023 of local government or governmental agency in the state that has 5024 filed a written request with the governing body for a copy of 5025 the plan or plan amendment. 5026 (b) If the adopted plan amendment is unchanged from the 5027 proposed plan amendment transmitted pursuant to subsection (3) 5028 and an affected person as defined in paragraph (1)(a) did not 5029 raise any objection and,the state land planning agency did not 5030 review the proposed plan amendment,and the state land planning5031agency did not raise any objections during its review pursuant5032to subsection (6),the local government may state in the 5033 transmittal letter that the plan amendment is unchanged and was 5034 not the subject of objections. 5035 (8) NOTICE OF INTENT.— 5036 (a) If the transmittal letter correctly states that the 5037 plan amendment is unchanged and was not the subject of review or 5038 objections pursuant to paragraph (7)(b), the state land planning 5039 agency has 20 days after receipt of the transmittal letter 5040 within which to issue a notice of intent that the plan amendment 5041 is in compliance. 5042 (b) Except as provided in paragraph (a) or in s. 5043 163.3187(3), the state land planning agency, upon receipt of a 5044 local government’s complete adopted comprehensive plan or plan 5045 amendment, shall have 45 days for review and to determine if the 5046 plan or plan amendment is in compliance with this act, unless 5047 the amendment is the result of a compliance agreement entered 5048 into under subsection (16), in which case the time period for 5049 review and determination shall be 30 days.If review was not5050conducted under subsection (6),The agency’s determination must 5051 be based upon the plan amendment as adopted.If review was5052conducted under subsection (6), the agency’s determination of5053compliance must be based only upon one or both of the following:50541.The state land planning agency’s written comments to the5055local government pursuant to subsection (6); or50562.Any changes made by the local government to the5057comprehensive plan or plan amendment as adopted.5058 (c)1. During the time period provided for in this 5059 subsection, the state land planning agency shall issue, through 5060 a senior administrator or the secretary, as specified in the5061agency’s procedural rules,a notice of intent to find that the 5062 plan or plan amendment is in compliance or not in compliance. A 5063 notice of intent shall be issued by publication in the manner 5064 provided by this paragraph and by mailing a copy to the local 5065 government. The advertisement shall be placed in that portion of 5066 the newspaper where legal notices appear. The advertisement 5067 shall be published in a newspaper that meets the size and 5068 circulation requirements set forth in paragraph (15)(e) and that 5069 has been designated in writing by the affected local government 5070 at the time of transmittal of the amendment. Publication by the 5071 state land planning agency of a notice of intent in the 5072 newspaper designated by the local government shall be prima 5073 facie evidence of compliance with the publication requirements 5074 of this section. The state land planning agency shall post a 5075 copy of the notice of intent on the agency’s Internet site. The 5076 agency shall, no later than the date the notice of intent is 5077 transmitted to the newspaper, send by regular mail a courtesy 5078 informational statement to persons who provide their names and 5079 addresses to the local government at the transmittal hearing or 5080 at the adoption hearing where the local government has provided 5081 the names and addresses of such persons to the department at the 5082 time of transmittal of the adopted amendment. The informational 5083 statements shall include the name of the newspaper in which the 5084 notice of intent will appear, the approximate date of 5085 publication, the ordinance number of the plan or plan amendment, 5086 and a statement that affected persons have 21 days after the 5087 actual date of publication of the notice to file a petition. 5088 2. A local government that has an Internet site shall post 5089 a copy of the state land planning agency’s notice of intent on 5090 the site within 5 days after receipt of the mailed copy of the 5091 agency’s notice of intent. 5092 (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.— 5093 (a) If the state land planning agency issues a notice of 5094 intent to find that the comprehensive plan or plan amendment 5095 transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189, 5096 or s. 163.3191 is in compliance with this act, any affected 5097 person may file a petition with the agency pursuant to ss. 5098 120.569 and 120.57 within 21 days after the publication of 5099 notice. In this proceeding, the local plan or plan amendment 5100 shall be determined to be in compliance if the local 5101 government’s determination of compliance is fairly debatable. 5102 (b) The hearing shall be conducted by an administrative law 5103 judge of the Division of Administrative Hearings of the 5104 Department of Management Services, who shall hold the hearing in 5105 the county of and convenient to the affected local jurisdiction 5106 and submit a recommended order to the state land planning 5107 agency. The state land planning agency shall allow for the 5108 filing of exceptions to the recommended order and shall issue a 5109 final order after receipt of the recommended order if the state 5110 land planning agency determines that the plan or plan amendment 5111 is in compliance. If the state land planning agency determines 5112 that the plan or plan amendment is not in compliance, the agency 5113 shall submit the recommended order to the Administration 5114 Commission for final agency action. 5115 (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN 5116 COMPLIANCE.— 5117 (a) If the state land planning agency issues a notice of 5118 intent to find the comprehensive plan or plan amendment not in 5119 compliance with this act, the notice of intent shall be 5120 forwarded to the Division of Administrative Hearings of the 5121 Department of Management Services, which shall conduct a 5122 proceeding under ss. 120.569 and 120.57 in the county of and 5123 convenient to the affected local jurisdiction. The parties to 5124 the proceeding shall be the state land planning agency, the 5125 affected local government, and any affected person who 5126 intervenes. No new issue may be alleged as a reason to find a 5127 plan or plan amendment not in compliance in an administrative 5128 pleading filed more than 21 days after publication of notice 5129 unless the party seeking that issue establishes good cause for 5130 not alleging the issue within that time period. Good cause shall 5131 not include excusable neglect. In the proceeding, the local 5132 government’s determination that the comprehensive plan or plan 5133 amendment is in compliance is presumed to be correct. The local 5134 government’s determination shall be sustained unless it is shown 5135 by a preponderance of the evidence that the comprehensive plan 5136 or plan amendment is not in compliance. The local government’s 5137 determination that elements of its plans are related to and 5138 consistent with each other shall be sustained if the 5139 determination is fairly debatable. 5140 (b) The administrative law judge assigned by the division 5141 shall submit a recommended order to the Administration 5142 Commission for final agency action. 5143 (c) Prior to the hearing, the state land planning agency 5144 shall afford an opportunity to mediate or otherwise resolve the 5145 dispute. If a party to the proceeding requests mediation or 5146 other alternative dispute resolution, the hearing may not be 5147 held until the state land planning agency advises the 5148 administrative law judge in writing of the results of the 5149 mediation or other alternative dispute resolution. However, the 5150 hearing may not be delayed for longer than 90 days for mediation 5151 or other alternative dispute resolution unless a longer delay is 5152 agreed to by the parties to the proceeding. The costs of the 5153 mediation or other alternative dispute resolution shall be borne 5154 equally by all of the parties to the proceeding. 5155 (11) ADMINISTRATION COMMISSION.— 5156 (a) If the Administration Commission, upon a hearing 5157 pursuant to subsection (9) or subsection (10), finds that the 5158 comprehensive plan or plan amendment is not in compliance with 5159 this act, the commission shall specify remedial actions which 5160 would bring the comprehensive plan or plan amendment into 5161 compliance. The commission may direct state agencies not to 5162 provide funds to increase the capacity of roads, bridges, or 5163 water and sewer systems within the boundaries of those local 5164 governmental entities which have comprehensive plans or plan 5165 elements that are determined not to be in compliance. The 5166 commission order may also specify that the local government 5167 shall not be eligible for grants administered under the 5168 following programs: 5169 1. The Florida Small Cities Community Development Block 5170 Grant Program, as authorized by ss. 290.0401-290.049. 5171 2. The Florida Recreation Development Assistance Program, 5172 as authorized by chapter 375. 5173 3. Revenue sharing pursuant to ss. 206.60, 210.20, and 5174 218.61 and chapter 212, to the extent not pledged to pay back 5175 bonds. 5176 (b) If the local government is one which is required to 5177 include a coastal management element in its comprehensive plan 5178pursuant to s.163.3177(6)(g), the commission order may also 5179 specify that the local government is not eligible for funding 5180 pursuant to s. 161.091. The commission order may also specify 5181 that the fact that the coastal management element has been 5182 determined to be not in compliance shall be a consideration when 5183 the department considers permits under s. 161.053 and when the 5184 Board of Trustees of the Internal Improvement Trust Fund 5185 considers whether to sell, convey any interest in, or lease any 5186 sovereignty lands or submerged lands until the element is 5187 brought into compliance. 5188 (c) The sanctions provided by paragraphs (a) and (b) do 5189shallnot apply to a local government regarding any plan 5190 amendment, except for plan amendments that amend plans that have 5191 not been finally determined to be in compliance with this part, 5192 and except as provided in s. 163.3189(2) or s. 163.3191s.5193163.3191(11). 5194 (12) GOOD FAITH FILING.—The signature of an attorney or 5195 party constitutes a certificate that he or she has read the 5196 pleading, motion, or other paper and that, to the best of his or 5197 her knowledge, information, and belief formed after reasonable 5198 inquiry, it is not interposed for any improper purpose, such as 5199 to harass or to cause unnecessary delay, or for economic 5200 advantage, competitive reasons, or frivolous purposes or 5201 needless increase in the cost of litigation. If a pleading, 5202 motion, or other paper is signed in violation of these 5203 requirements, the administrative law judge, upon motion or his 5204 or her own initiative, shall impose upon the person who signed 5205 it, a represented party, or both, an appropriate sanction, which 5206 may include an order to pay to the other party or parties the 5207 amount of reasonable expenses incurred because of the filing of 5208 the pleading, motion, or other paper, including a reasonable 5209 attorney’s fee. 5210 (13) EXCLUSIVE PROCEEDINGS.—The proceedings under this 5211 section shall be the sole proceeding or action for a 5212 determination of whether a local government’s plan, element, or 5213 amendment is in compliance with this act. 5214 (14) AREAS OF CRITICAL STATE CONCERN.—No proposed local 5215 government comprehensive plan or plan amendment which is 5216 applicable to a designated area of critical state concern shall 5217 be effective until a final order is issued finding the plan or 5218 amendment to be in compliance as defined in this section. 5219 (15) PUBLIC HEARINGS.— 5220 (a) The procedure for transmittal of a complete proposed 5221 comprehensive plan or plan amendment pursuant to subsection (3) 5222 and for adoption of a comprehensive plan or plan amendment 5223 pursuant to subsection (7) shall be by affirmative vote of not 5224 less than a majority of the members of the governing body 5225 present at the hearing. The adoption of a comprehensive plan or 5226 plan amendment shall be by ordinance. For the purposes of 5227 transmitting or adopting a comprehensive plan or plan amendment, 5228 the notice requirements in chapters 125 and 166 are superseded 5229 by this subsection, except as provided in this part. 5230 (b) The local governing body shall hold at least two 5231 advertised public hearings on the proposed comprehensive plan or 5232 plan amendment as follows: 5233 1. The first public hearing shall be held at the 5234 transmittal stage pursuant to subsection (3). It shall be held 5235 on a weekday at least 7 days after the day that the first 5236 advertisement is published. 5237 2. The second public hearing shall be held at the adoption 5238 stage pursuant to subsection (7). It shall be held on a weekday 5239 at least 5 days after the day that the second advertisement is 5240 published. 5241 (c) The local government shall provide a sign-in form at 5242 the transmittal hearing and at the adoption hearing for persons 5243 to provide their names and mailing addresses. The sign-in form 5244 must advise that any person providing the requested information 5245 will receive a courtesy informational statement concerning 5246 publications of the state land planning agency’s notice of 5247 intent. The local government shall add to the sign-in form the 5248 name and address of any person who submits written comments 5249 concerning the proposed plan or plan amendment during the time 5250 period between the commencement of the transmittal hearing and 5251 the end of the adoption hearing. It is the responsibility of the 5252 person completing the form or providing written comments to 5253 accurately, completely, and legibly provide all information 5254 needed in order to receive the courtesy informational statement. 5255 (d) The agency shall provide a model sign-in form for 5256 providing the list to the agency which may be used by the local 5257 government to satisfy the requirements of this subsection. 5258 (e) If the proposed comprehensive plan or plan amendment 5259 changes the actual list of permitted, conditional, or prohibited 5260 uses within a future land use category or changes the actual 5261 future land use map designation of a parcel or parcels of land, 5262 the required advertisements shall be in the format prescribed by 5263 s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a 5264 municipality. 5265 (16) COMPLIANCE AGREEMENTS.— 5266 (a) At any time following the issuance of a notice of 5267 intent to find a comprehensive plan or plan amendment not in 5268 compliance with this part or after the initiation of a hearing 5269 pursuant to subsection (9), the state land planning agency and 5270 the local government may voluntarily enter into a compliance 5271 agreement to resolve one or more of the issues raised in the 5272 proceedings. Affected persons who have initiated a formal 5273 proceeding or have intervened in a formal proceeding may also 5274 enter into the compliance agreement. All parties granted 5275 intervenor status shall be provided reasonable notice of the 5276 commencement of a compliance agreement negotiation process and a 5277 reasonable opportunity to participate in such negotiation 5278 process. Negotiation meetings with local governments or 5279 intervenors shall be open to the public. The state land planning 5280 agency shall provide each party granted intervenor status with a 5281 copy of the compliance agreement within 10 days after the 5282 agreement is executed. The compliance agreement shall list each 5283 portion of the plan or plan amendment which is not in 5284 compliance, and shall specify remedial actions which the local 5285 government must complete within a specified time in order to 5286 bring the plan or plan amendment into compliance, including 5287 adoption of all necessary plan amendments. The compliance 5288 agreement may also establish monitoring requirements and 5289 incentives to ensure that the conditions of the compliance 5290 agreement are met. 5291 (b) Upon filing by the state land planning agency of a 5292 compliance agreement executed by the agency and the local 5293 government with the Division of Administrative Hearings, any 5294 administrative proceeding under ss. 120.569 and 120.57 regarding 5295 the plan or plan amendment covered by the compliance agreement 5296 shall be stayed. 5297 (c) Prior to its execution of a compliance agreement, the 5298 local government must approve the compliance agreement at a 5299 public hearing advertised at least 10 days before the public 5300 hearing in a newspaper of general circulation in the area in 5301 accordance with the advertisement requirements of subsection 5302 (15). 5303 (d) A local government may adopt a plan amendment pursuant 5304 to a compliance agreement in accordance with the requirements of 5305 paragraph (15)(a). The plan amendment shall be exempt from the 5306 requirements of subsections (2)-(7). The local government shall 5307 hold a single adoption public hearing pursuant to the 5308 requirements of subparagraph (15)(b)2. and paragraph (15)(e). 5309 Within 10 working days after adoption of a plan amendment, the 5310 local government shall transmit the amendment to the state land 5311 planning agency as specified in the agency’s procedural rules, 5312 and shall submit one copy to the regional planning agency and to 5313 any other unit of local government or government agency in the 5314 state that has filed a written request with the governing body 5315 for a copy of the plan amendment, and one copy to any party to 5316 the proceeding under ss. 120.569 and 120.57 granted intervenor 5317 status. 5318 (e) The state land planning agency, upon receipt of a plan 5319 amendment adopted pursuant to a compliance agreement, shall 5320 issue a cumulative notice of intent addressing both the 5321 compliance agreement amendment and the plan or plan amendment 5322 that was the subject of the agreement, in accordance with 5323 subsection (8). 5324 (f)1. If the local government adopts a comprehensive plan 5325 amendment pursuant to a compliance agreement and a notice of 5326 intent to find the plan amendment in compliance is issued, the 5327 state land planning agency shall forward the notice of intent to 5328 the Division of Administrative Hearings and the administrative 5329 law judge shall realign the parties in the pending proceeding 5330 under ss. 120.569 and 120.57, which shall thereafter be governed 5331 by the process contained in paragraphs (9)(a) and (b), including 5332 provisions relating to challenges by an affected person, burden 5333 of proof, and issues of a recommended order and a final order, 5334 except as provided in subparagraph 2. Parties to the original 5335 proceeding at the time of realignment may continue as parties 5336 without being required to file additional pleadings to initiate 5337 a proceeding, but may timely amend their pleadings to raise any 5338 challenge to the amendment which is the subject of the 5339 cumulative notice of intent, and must otherwise conform to the 5340 rules of procedure of the Division of Administrative Hearings. 5341 Any affected person not a party to the realigned proceeding may 5342 challenge the plan amendment which is the subject of the 5343 cumulative notice of intent by filing a petition with the agency 5344 as provided in subsection (9). The agency shall forward the 5345 petition filed by the affected person not a party to the 5346 realigned proceeding to the Division of Administrative Hearings 5347 for consolidation with the realigned proceeding. 5348 2. If any of the issues raised by the state land planning 5349 agency in the original subsection (10) proceeding are not 5350 resolved by the compliance agreement amendments, any intervenor 5351 in the original subsection (10) proceeding may require those 5352 issues to be addressed in the pending consolidated realigned 5353 proceeding under ss. 120.569 and 120.57. As to those unresolved 5354 issues, the burden of proof shall be governed by subsection 5355 (10). 5356 3. If the local government adopts a comprehensive plan 5357 amendment pursuant to a compliance agreement and a notice of 5358 intent to find the plan amendment not in compliance is issued, 5359 the state land planning agency shall forward the notice of 5360 intent to the Division of Administrative Hearings, which shall 5361 consolidate the proceeding with the pending proceeding and 5362 immediately set a date for hearing in the pending proceeding 5363 under ss. 120.569 and 120.57. Affected persons who are not a 5364 party to the underlying proceeding under ss. 120.569 and 120.57 5365 may challenge the plan amendment adopted pursuant to the 5366 compliance agreement by filing a petition pursuant to subsection 5367 (10). 5368 (g) If the local government fails to adopt a comprehensive 5369 plan amendment pursuant to a compliance agreement, the state 5370 land planning agency shall notify the Division of Administrative 5371 Hearings, which shall set the hearing in the pending proceeding 5372 under ss. 120.569 and 120.57 at the earliest convenient time. 5373 (h) This subsection does not prohibit a local government 5374 from amending portions of its comprehensive plan other than 5375 those which are the subject of the compliance agreement. 5376 However, such amendments to the plan may not be inconsistent 5377 with the compliance agreement. 5378 (i) Nothing in this subsection is intended to limit the 5379 parties from entering into a compliance agreement at any time 5380 before the final order in the proceeding is issued, provided 5381 that the provisions of paragraph (c) shall apply regardless of 5382 when the compliance agreement is reached. 5383 (j) Nothing in this subsection is intended to force any 5384 party into settlement against its will or to preclude the use of 5385 other informal dispute resolution methods, such as the services 5386 offered by the Florida Growth Management Dispute Resolution 5387 Consortium, in the course of or in addition to the method 5388 described in this subsection. 5389(17)COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A5390local government that has adopted a community vision and urban5391service boundary under s.163.3177(13) and (14) may adopt a plan5392amendment related to map amendments solely to property within an5393urban service boundary in the manner described in subsections5394(1), (2), (7), (14), (15), and (16) and s.163.3187(1)(c)1.d.5395and e., 2., and 3., such that state and regional agency review5396is eliminated. The department may not issue an objections,5397recommendations, and comments report on proposed plan amendments5398or a notice of intent on adopted plan amendments; however,5399affected persons, as defined by paragraph (1)(a), may file a5400petition for administrative review pursuant to the requirements5401of s.163.3187(3)(a) to challenge the compliance of an adopted5402plan amendment. This subsection does not apply to any amendment5403within an area of critical state concern, to any amendment that5404increases residential densities allowable in high-hazard coastal5405areas as defined in s.163.3178(2)(h), or to a text change to5406the goals, policies, or objectives of the local government’s5407comprehensive plan. Amendments submitted under this subsection5408are exempt from the limitation on the frequency of plan5409amendments in s.163.3187.5410(18)URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A5411municipality that has a designated urban infill and5412redevelopment area under s.163.2517may adopt a plan amendment5413related to map amendments solely to property within a designated5414urban infill and redevelopment area in the manner described in5415subsections (1), (2), (7), (14), (15), and (16) and s.5416163.3187(1)(c)1.d. and e., 2., and 3., such that state and5417regional agency review is eliminated. The department may not5418issue an objections, recommendations, and comments report on5419proposed plan amendments or a notice of intent on adopted plan5420amendments; however, affected persons, as defined by paragraph5421(1)(a), may file a petition for administrative review pursuant5422to the requirements of s.163.3187(3)(a) to challenge the5423compliance of an adopted plan amendment. This subsection does5424not apply to any amendment within an area of critical state5425concern, to any amendment that increases residential densities5426allowable in high-hazard coastal areas as defined in s.5427163.3178(2)(h), or to a text change to the goals, policies, or5428objectives of the local government’s comprehensive plan.5429Amendments submitted under this subsection are exempt from the5430limitation on the frequency of plan amendments in s.163.3187.5431(19)HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.—Any local5432government that identifies in its comprehensive plan the types5433of housing developments and conditions for which it will5434consider plan amendments that are consistent with the local5435housing incentive strategies identified in s.420.9076and5436authorized by the local government may expedite consideration of5437such plan amendments. At least 30 days prior to adopting a plan5438amendment pursuant to this subsection, the local government5439shall notify the state land planning agency of its intent to5440adopt such an amendment, and the notice shall include the local5441government’s evaluation of site suitability and availability of5442facilities and services. A plan amendment considered under this5443subsection shall require only a single public hearing before the5444local governing body, which shall be a plan amendment adoption5445hearing as described in subsection (7). The public notice of the5446hearing required under subparagraph (15)(b)2. must include a5447statement that the local government intends to use the expedited5448adoption process authorized under this subsection. The state5449land planning agency shall issue its notice of intent required5450under subsection (8) within 30 days after determining that the5451amendment package is complete. Any further proceedings shall be5452governed by subsections (9)-(16).5453 Section 19. Section 163.3187, Florida Statutes, is amended 5454 to read: 5455 163.3187 Process for adoption of small-scale comprehensive 5456 plan amendmentof adopted comprehensive plan.— 5457(1) Amendments to comprehensive plans adopted pursuant to5458this part may be made not more than two times during any5459calendar year, except:5460(a) In the case of an emergency, comprehensive plan5461amendments may be made more often than twice during the calendar5462year if the additional plan amendment receives the approval of5463all of the members of the governing body. “Emergency” means any5464occurrence or threat thereof whether accidental or natural,5465caused by humankind, in war or peace, which results or may5466result in substantial injury or harm to the population or5467substantial damage to or loss of property or public funds.5468(b) Any local government comprehensive plan amendments5469directly related to a proposed development of regional impact,5470including changes which have been determined to be substantial5471deviations and including Florida Quality Developments pursuant5472to s.380.061, may be initiated by a local planning agency and5473considered by the local governing body at the same time as the5474application for development approval using the procedures5475provided for local plan amendment in this section and applicable5476local ordinances.5477 (1)(c)Any local government comprehensive plan amendments5478directly related to proposed small scale development activities5479may be approved without regard to statutory limits on the5480frequency of consideration of amendments to the local5481comprehensive plan.A small scale development amendment may be 5482 adoptedonlyunder the following conditions: 5483 (a)1.The proposed amendment involves a use of 10 acres or 5484 fewer and: 5485 (b)a.The cumulative annual effect of the acreage for all 5486 small scale development amendments adopted by the local 5487 government shall not exceed:5488(I)a maximum of 120 acres in a calendar year.local5489government that contains areas specifically designated in the5490local comprehensive plan for urban infill, urban redevelopment,5491or downtown revitalization as defined in s.163.3164, urban5492infill and redevelopment areas designated under s.163.2517,5493transportation concurrency exception areas approved pursuant to5494s.163.3180(5), or regional activity centers and urban central5495business districts approved pursuant to s.380.06(2)(e);5496however, amendments under this paragraph may be applied to no5497more than 60 acres annually of property outside the designated5498areas listed in this sub-sub-subparagraph. Amendments adopted5499pursuant to paragraph (k) shall not be counted toward the5500acreage limitations for small scale amendments under this5501paragraph.5502(II) A maximum of 80 acres in a local government that does5503not contain any of the designated areas set forth in sub-sub5504subparagraph (I).5505(III) A maximum of 120 acres in a county established5506pursuant to s. 9, Art. VIII of the State Constitution.5507b. The proposed amendment does not involve the same5508property granted a change within the prior 12 months.5509c. The proposed amendment does not involve the same owner’s5510property within 200 feet of property granted a change within the5511prior 12 months.5512 (c)d.The proposed amendment does not involve a text change 5513 to the goals, policies, and objectives of the local government’s 5514 comprehensive plan, but only proposes a land use change to the 5515 future land use map for a site-specific small scale development 5516 activity. However, text changes that relate directly to, and are 5517 adopted simultaneously with, the small scale future land use map 5518 amendment shall be permissible under this section. 5519 (d)e.The property that is the subject of the proposed 5520 amendment is not located within an area of critical state 5521 concern, unless the project subject to the proposed amendment 5522 involves the construction of affordable housing units meeting 5523 the criteria of s. 420.0004(3), and is located within an area of 5524 critical state concern designated by s. 380.0552 or by the 5525 Administration Commission pursuant to s. 380.05(1).Such5526amendment is not subject to the density limitations of sub5527subparagraph f., and shall be reviewed by the state land5528planning agency for consistency with the principles for guiding5529development applicable to the area of critical state concern5530where the amendment is located and shall not become effective5531until a final order is issued under s.380.05(6).5532f. If the proposed amendment involves a residential land5533use, the residential land use has a density of 10 units or less5534per acre or the proposed future land use category allows a5535maximum residential density of the same or less than the maximum5536residential density allowable under the existing future land use5537category, except that this limitation does not apply to small5538scale amendments involving the construction of affordable5539housing units meeting the criteria of s.420.0004(3) on property5540which will be the subject of a land use restriction agreement,5541or small scale amendments described in sub-sub-subparagraph5542a.(I) that are designated in the local comprehensive plan for5543urban infill, urban redevelopment, or downtown revitalization as5544defined in s.163.3164, urban infill and redevelopment areas5545designated under s.163.2517, transportation concurrency5546exception areas approved pursuant to s.163.3180(5), or regional5547activity centers and urban central business districts approved5548pursuant to s.380.06(2)(e).55492.a. A local government that proposes to consider a plan5550amendment pursuant to this paragraph is not required to comply5551with the procedures and public notice requirements of s.5552163.3184(15)(c) for such plan amendments if the local government5553complies with the provisions in s.125.66(4)(a) for a county or5554in s.166.041(3)(c) for a municipality. If a request for a plan5555amendment under this paragraph is initiated by other than the5556local government, public notice is required.5557b. The local government shall send copies of the notice and5558amendment to the state land planning agency, the regional5559planning council, and any other person or entity requesting a5560copy. This information shall also include a statement5561identifying any property subject to the amendment that is5562located within a coastal high-hazard area as identified in the5563local comprehensive plan.5564 (2)3.Small scale development amendments adopted pursuant 5565 to this sectionparagraphrequire only one public hearing before 5566 the governing board, which shall be an adoption hearing as 5567 described in s. 163.3184(7), and are not subject to the5568requirements of s.163.3184(3)-(6) unless the local government5569elects to have them subject to those requirements. 5570 (3)4.If the small scale development amendment involves a 5571 site withinan area that is designated by the Governor asa 5572 rural area of critical economic concern as defined under s. 5573 288.0656(2)(d)(7)for the duration of such designation, the 10 5574 acre limit listed in subsection (1)subparagraph 1.shall be 5575 increased by 100 percent to 20 acres. The local government 5576 approving the small scale plan amendment shall certify to the 5577 Office of Tourism, Trade, and Economic Development that the plan 5578 amendment furthers the economic objectives set forth in the 5579 executive order issued under s. 288.0656(7), and the property 5580 subject to the plan amendment shall undergo public review to 5581 ensure that all concurrency requirements and federal, state, and 5582 local environmental permit requirements are met. 5583(d) Any comprehensive plan amendment required by a5584compliance agreement pursuant to s.163.3184(16) may be approved5585without regard to statutory limits on the frequency of adoption5586of amendments to the comprehensive plan.5587(e) A comprehensive plan amendment for location of a state5588correctional facility. Such an amendment may be made at any time5589and does not count toward the limitation on the frequency of5590plan amendments.5591(f) The capital improvements element annual update required5592in s.163.3177(3)(b)1. and any amendments directly related to5593the schedule.5594(g) Any local government comprehensive plan amendments5595directly related to proposed redevelopment of brownfield areas5596designated under s.376.80may be approved without regard to5597statutory limits on the frequency of consideration of amendments5598to the local comprehensive plan.5599(h) Any comprehensive plan amendments for port5600transportation facilities and projects that are eligible for5601funding by the Florida Seaport Transportation and Economic5602Development Council pursuant to s.311.07.5603(i) A comprehensive plan amendment for the purpose of5604designating an urban infill and redevelopment area under s.5605163.2517may be approved without regard to the statutory limits5606on the frequency of amendments to the comprehensive plan.5607(j) Any comprehensive plan amendment to establish public5608school concurrency pursuant to s.163.3180(13), including, but5609not limited to, adoption of a public school facilities element5610and adoption of amendments to the capital improvements element5611and intergovernmental coordination element. In order to ensure5612the consistency of local government public school facilities5613elements within a county, such elements shall be prepared and5614adopted on a similar time schedule.5615(k) A local comprehensive plan amendment directly related5616to providing transportation improvements to enhance life safety5617on Controlled Access Major Arterial Highways identified in the5618Florida Intrastate Highway System, in counties as defined in s.5619125.011, where such roadways have a high incidence of traffic5620accidents resulting in serious injury or death. Any such5621amendment shall not include any amendment modifying the5622designation on a comprehensive development plan land use map nor5623any amendment modifying the allowable densities or intensities5624of any land.5625(l) A comprehensive plan amendment to adopt a public5626educational facilities element pursuant to s.163.3177(12) and5627future land-use-map amendments for school siting may be approved5628notwithstanding statutory limits on the frequency of adopting5629plan amendments.5630(m) A comprehensive plan amendment that addresses criteria5631or compatibility of land uses adjacent to or in close proximity5632to military installations in a local government’s future land5633use element does not count toward the limitation on the5634frequency of the plan amendments.5635(n) Any local government comprehensive plan amendment5636establishing or implementing a rural land stewardship area5637pursuant to the provisions of s.163.3177(11)(d).5638(o) A comprehensive plan amendment that is submitted by an5639area designated by the Governor as a rural area of critical5640economic concern under s.288.0656(7) and that meets the5641economic development objectives may be approved without regard5642to the statutory limits on the frequency of adoption of5643amendments to the comprehensive plan.5644(p) Any local government comprehensive plan amendment that5645is consistent with the local housing incentive strategies5646identified in s.420.9076and authorized by the local5647government.5648(q) Any local government plan amendment to designate an5649urban service area as a transportation concurrency exception5650area under s.163.3180(5)(b)2. or 3. and an area exempt from the5651development-of-regional-impact process under s.380.06(29).5652 (4)(2)Comprehensive plans may only be amended in such a 5653 way as to preserve the internal consistency of the plan pursuant 5654 to s. 163.3177(2). Corrections, updates, or modifications of 5655 current costs which were set out as part of the comprehensive 5656 plan shall not, for the purposes of this act, be deemed to be 5657 amendments. 5658(3)(a) The state land planning agency shall not review or5659issue a notice of intent for small scale development amendments5660which satisfy the requirements of paragraph (1)(c).5661 (5)(a) Any affected person may file a petition with the 5662 Division of Administrative Hearings pursuant to ss. 120.569 and 5663 120.57 to request a hearing to challenge the compliance of a 5664 small scale development amendment with this act within 30 days 5665 following the local government’s adoption of the amendment and,5666 shall serve a copy of the petition on the local government, and5667shall furnish a copy to the state land planning agency. An 5668 administrative law judge shall hold a hearing in the affected 5669 jurisdiction not less than 30 days nor more than 60 days 5670 following the filing of a petition and the assignment of an 5671 administrative law judge. The parties to a hearing held pursuant 5672 to this subsection shall be the petitioner, the local 5673 government, and any intervenor. In the proceeding, the plan 5674 amendment shall be determined to be in compliance if the local 5675 government’s determination that the small scale development 5676 amendment is in compliance is fairly debatablepresumed to be5677correct.The local government’s determination shall be sustained5678unless it is shown by a preponderance of the evidence that the5679amendment is not in compliance with the requirements of this5680act. In any proceeding initiated pursuant to this subsection,5681 The state land planning agency may not intervene in any 5682 proceeding initiated pursuant to this section. 5683 (b)1. If the administrative law judge recommends that the 5684 small scale development amendment be found not in compliance, 5685 the administrative law judge shall submit the recommended order 5686 to the Administration Commission for final agency action. If the 5687 administrative law judge recommends that the small scale 5688 development amendment be found in compliance, the administrative 5689 law judge shall submit the recommended order to the state land 5690 planning agency. 5691 2. If the state land planning agency determines that the 5692 plan amendment is not in compliance, the agency shall submit, 5693 within 30 days following its receipt, the recommended order to 5694 the Administration Commission for final agency action. If the 5695 state land planning agency determines that the plan amendment is 5696 in compliance, the agency shall enter a final order within 30 5697 days following its receipt of the recommended order. 5698 (c) Small scale development amendments shall not become 5699 effective until 31 days after adoption. If challenged within 30 5700 days after adoption, small scale development amendments shall 5701 not become effective until the state land planning agency or the 5702 Administration Commission, respectively, issues a final order 5703 determining that the adopted small scale development amendment 5704 is in compliance. 5705 (d) In all challenges under this subsection, when a 5706 determination of compliance as defined in s. 163.3184(1)(b) is 5707 made, consideration shall be given to the plan amendment as a 5708 whole and whether the plan amendment furthers the intent of this 5709 part. 5710(4) Each governing body shall transmit to the state land5711planning agency a current copy of its comprehensive plan not5712later than December 1, 1985. Each governing body shall also5713transmit copies of any amendments it adopts to its comprehensive5714plan so as to continually update the plans on file with the5715state land planning agency.5716(5) Nothing in this part is intended to prohibit or limit5717the authority of local governments to require that a person5718requesting an amendment pay some or all of the cost of public5719notice.5720(6)(a) No local government may amend its comprehensive plan5721after the date established by the state land planning agency for5722adoption of its evaluation and appraisal report unless it has5723submitted its report or addendum to the state land planning5724agency as prescribed by s.163.3191, except for plan amendments5725described in paragraph (1)(b) or paragraph (1)(h).5726(b) A local government may amend its comprehensive plan5727after it has submitted its adopted evaluation and appraisal5728report and for a period of 1 year after the initial5729determination of sufficiency regardless of whether the report5730has been determined to be insufficient.5731(c) A local government may not amend its comprehensive5732plan, except for plan amendments described in paragraph (1)(b),5733if the 1-year period after the initial sufficiency determination5734of the report has expired and the report has not been determined5735to be sufficient.5736(d) When the state land planning agency has determined that5737the report has sufficiently addressed all pertinent provisions5738of s.163.3191, the local government may amend its comprehensive5739plan without the limitations imposed by paragraph (a) or5740paragraph (c).5741(e) Any plan amendment which a local government attempts to5742adopt in violation of paragraph (a) or paragraph (c) is invalid,5743but such invalidity may be overcome if the local government5744readopts the amendment and transmits the amendment to the state5745land planning agency pursuant to s.163.3184(7) after the report5746is determined to be sufficient.5747 Section 20. Section 163.3191, Florida Statutes, is amended 5748 to read: 5749 163.3191 Evaluation and appraisal of comprehensive plan.— 5750 (1) At least once every 7 years, each local government 5751 shall evaluate its comprehensive plan to determine if plan 5752 amendments are necessary to reflect changes in state 5753 requirements in this part since the last update of the 5754 comprehensive plan, and notify the state land planning agency as 5755 to its determination. 5756 (2) If the local government determines amendments to its 5757 comprehensive plan are necessary to reflect changes in state 5758 requirements, the local government shall prepare and transmit 5759 within 1 year such plan amendment or amendments for review 5760 pursuant to s. 163.3184. 5761 (3) Local governments are encouraged to comprehensively 5762 evaluate and, as necessary, update comprehensive plans to 5763 reflect changes in local conditions. Plan amendments transmitted 5764 pursuant to this section shall be reviewed in accordance with s. 5765 163.3184. 5766 (4) If a local government fails to submit its letter 5767 prescribed by subsection (1) or update its plan pursuant to 5768 subsection (2), it may not amend its comprehensive plan until 5769 such time as it complies with this section. 5770(1) The planning program shall be a continuous and ongoing5771process. Each local government shall adopt an evaluation and5772appraisal report once every 7 years assessing the progress in5773implementing the local government’s comprehensive plan.5774Furthermore, it is the intent of this section that:5775(a) Adopted comprehensive plans be reviewed through such5776evaluation process to respond to changes in state, regional, and5777local policies on planning and growth management and changing5778conditions and trends, to ensure effective intergovernmental5779coordination, and to identify major issues regarding the5780community’s achievement of its goals.5781(b) After completion of the initial evaluation and5782appraisal report and any supporting plan amendments, each5783subsequent evaluation and appraisal report must evaluate the5784comprehensive plan in effect at the time of the initiation of5785the evaluation and appraisal report process.5786(c) Local governments identify the major issues, if5787applicable, with input from state agencies, regional agencies,5788adjacent local governments, and the public in the evaluation and5789appraisal report process. It is also the intent of this section5790to establish minimum requirements for information to ensure5791predictability, certainty, and integrity in the growth5792management process. The report is intended to serve as a summary5793audit of the actions that a local government has undertaken and5794identify changes that it may need to make. The report should be5795based on the local government’s analysis of major issues to5796further the community’s goals consistent with statewide minimum5797standards. The report is not intended to require a comprehensive5798rewrite of the elements within the local plan, unless a local5799government chooses to do so.5800(2) The report shall present an evaluation and assessment5801of the comprehensive plan and shall contain appropriate5802statements to update the comprehensive plan, including, but not5803limited to, words, maps, illustrations, or other media, related5804to:5805(a) Population growth and changes in land area, including5806annexation, since the adoption of the original plan or the most5807recent update amendments.5808(b) The extent of vacant and developable land.5809(c) The financial feasibility of implementing the5810comprehensive plan and of providing needed infrastructure to5811achieve and maintain adopted level-of-service standards and5812sustain concurrency management systems through the capital5813improvements element, as well as the ability to address5814infrastructure backlogs and meet the demands of growth on public5815services and facilities.5816(d) The location of existing development in relation to the5817location of development as anticipated in the original plan, or5818in the plan as amended by the most recent evaluation and5819appraisal report update amendments, such as within areas5820designated for urban growth.5821(e) An identification of the major issues for the5822jurisdiction and, where pertinent, the potential social,5823economic, and environmental impacts.5824(f) Relevant changes to the state comprehensive plan, the5825requirements of this part, the minimum criteria contained in5826chapter 9J-5, Florida Administrative Code, and the appropriate5827strategic regional policy plan since the adoption of the5828original plan or the most recent evaluation and appraisal report5829update amendments.5830(g) An assessment of whether the plan objectives within5831each element, as they relate to major issues, have been5832achieved. The report shall include, as appropriate, an5833identification as to whether unforeseen or unanticipated changes5834in circumstances have resulted in problems or opportunities with5835respect to major issues identified in each element and the5836social, economic, and environmental impacts of the issue.5837(h) A brief assessment of successes and shortcomings5838related to each element of the plan.5839(i) The identification of any actions or corrective5840measures, including whether plan amendments are anticipated to5841address the major issues identified and analyzed in the report.5842Such identification shall include, as appropriate, new5843population projections, new revised planning timeframes, a5844revised future conditions map or map series, an updated capital5845improvements element, and any new and revised goals, objectives,5846and policies for major issues identified within each element.5847This paragraph shall not require the submittal of the plan5848amendments with the evaluation and appraisal report.5849(j) A summary of the public participation program and5850activities undertaken by the local government in preparing the5851report.5852(k) The coordination of the comprehensive plan with5853existing public schools and those identified in the applicable5854educational facilities plan adopted pursuant to s.1013.35. The5855assessment shall address, where relevant, the success or failure5856of the coordination of the future land use map and associated5857planned residential development with public schools and their5858capacities, as well as the joint decisionmaking processes5859engaged in by the local government and the school board in5860regard to establishing appropriate population projections and5861the planning and siting of public school facilities. For those5862counties or municipalities that do not have a public schools5863interlocal agreement or public school facilities element, the5864assessment shall determine whether the local government5865continues to meet the criteria of s.163.3177(12). If the county5866or municipality determines that it no longer meets the criteria,5867it must adopt appropriate school concurrency goals, objectives,5868and policies in its plan amendments pursuant to the requirements5869of the public school facilities element, and enter into the5870existing interlocal agreement required by ss.163.3177(6)(h)2.5871and163.31777in order to fully participate in the school5872concurrency system.5873(l) The extent to which the local government has been5874successful in identifying alternative water supply projects and5875traditional water supply projects, including conservation and5876reuse, necessary to meet the water needs identified in s.5877373.709(2)(a) within the local government’s jurisdiction. The5878report must evaluate the degree to which the local government5879has implemented the work plan for building public, private, and5880regional water supply facilities, including development of5881alternative water supplies, identified in the element as5882necessary to serve existing and new development.5883(m) If any of the jurisdiction of the local government is5884located within the coastal high-hazard area, an evaluation of5885whether any past reduction in land use density impairs the5886property rights of current residents when redevelopment occurs,5887including, but not limited to, redevelopment following a natural5888disaster. The property rights of current residents shall be5889balanced with public safety considerations. The local government5890must identify strategies to address redevelopment feasibility5891and the property rights of affected residents. These strategies5892may include the authorization of redevelopment up to the actual5893built density in existence on the property prior to the natural5894disaster or redevelopment.5895(n) An assessment of whether the criteria adopted pursuant5896to s.163.3177(6)(a) were successful in achieving compatibility5897with military installations.5898(o) The extent to which a concurrency exception area5899designated pursuant to s.163.3180(5), a concurrency management5900area designated pursuant to s.163.3180(7), or a multimodal5901transportation district designated pursuant to s.163.3180(15)5902has achieved the purpose for which it was created and otherwise5903complies with the provisions of s.163.3180.5904(p) An assessment of the extent to which changes are needed5905to develop a common methodology for measuring impacts on5906transportation facilities for the purpose of implementing its5907concurrency management system in coordination with the5908municipalities and counties, as appropriate pursuant to s.5909163.3180(10).5910(3) Voluntary scoping meetings may be conducted by each5911local government or several local governments within the same5912county that agree to meet together. Joint meetings among all5913local governments in a county are encouraged. All scoping5914meetings shall be completed at least 1 year prior to the5915established adoption date of the report. The purpose of the5916meetings shall be to distribute data and resources available to5917assist in the preparation of the report, to provide input on5918major issues in each community that should be addressed in the5919report, and to advise on the extent of the effort for the5920components of subsection (2). If scoping meetings are held, the5921local government shall invite each state and regional reviewing5922agency, as well as adjacent and other affected local5923governments. A preliminary list of new data and major issues5924that have emerged since the adoption of the original plan, or5925the most recent evaluation and appraisal report-based update5926amendments, should be developed by state and regional entities5927and involved local governments for distribution at the scoping5928meeting. For purposes of this subsection, a “scoping meeting” is5929a meeting conducted to determine the scope of review of the5930evaluation and appraisal report by parties to which the report5931relates.5932(4) The local planning agency shall prepare the evaluation5933and appraisal report and shall make recommendations to the5934governing body regarding adoption of the proposed report. The5935local planning agency shall prepare the report in conformity5936with its public participation procedures adopted as required by5937s.163.3181. During the preparation of the proposed report and5938prior to making any recommendation to the governing body, the5939local planning agency shall hold at least one public hearing,5940with public notice, on the proposed report. At a minimum, the5941format and content of the proposed report shall include a table5942of contents; numbered pages; element headings; section headings5943within elements; a list of included tables, maps, and figures; a5944title and sources for all included tables; a preparation date;5945and the name of the preparer. Where applicable, maps shall5946include major natural and artificial geographic features; city,5947county, and state lines; and a legend indicating a north arrow,5948map scale, and the date.5949(5) Ninety days prior to the scheduled adoption date, the5950local government may provide a proposed evaluation and appraisal5951report to the state land planning agency and distribute copies5952to state and regional commenting agencies as prescribed by rule,5953adjacent jurisdictions, and interested citizens for review. All5954review comments, including comments by the state land planning5955agency, shall be transmitted to the local government and state5956land planning agency within 30 days after receipt of the5957proposed report.5958(6) The governing body, after considering the review5959comments and recommended changes, if any, shall adopt the5960evaluation and appraisal report by resolution or ordinance at a5961public hearing with public notice. The governing body shall5962adopt the report in conformity with its public participation5963procedures adopted as required by s.163.3181. The local5964government shall submit to the state land planning agency three5965copies of the report, a transmittal letter indicating the dates5966of public hearings, and a copy of the adoption resolution or5967ordinance. The local government shall provide a copy of the5968report to the reviewing agencies which provided comments for the5969proposed report, or to all the reviewing agencies if a proposed5970report was not provided pursuant to subsection (5), including5971the adjacent local governments. Within 60 days after receipt,5972the state land planning agency shall review the adopted report5973and make a preliminary sufficiency determination that shall be5974forwarded by the agency to the local government for its5975consideration. The state land planning agency shall issue a5976final sufficiency determination within 90 days after receipt of5977the adopted evaluation and appraisal report.5978(7) The intent of the evaluation and appraisal process is5979the preparation of a plan update that clearly and concisely5980achieves the purpose of this section. Toward this end, the5981sufficiency review of the state land planning agency shall5982concentrate on whether the evaluation and appraisal report5983sufficiently fulfills the components of subsection (2). If the5984state land planning agency determines that the report is5985insufficient, the governing body shall adopt a revision of the5986report and submit the revised report for review pursuant to5987subsection (6).5988(8) The state land planning agency may delegate the review5989of evaluation and appraisal reports, including all state land5990planning agency duties under subsections (4)-(7), to the5991appropriate regional planning council. When the review has been5992delegated to a regional planning council, any local government5993in the region may elect to have its report reviewed by the5994regional planning council rather than the state land planning5995agency. The state land planning agency shall by agreement5996provide for uniform and adequate review of reports and shall5997retain oversight for any delegation of review to a regional5998planning council.5999(9) The state land planning agency may establish a phased6000schedule for adoption of reports. The schedule shall provide6001each local government at least 7 years from plan adoption or6002last established adoption date for a report and shall allot6003approximately one-seventh of the reports to any 1 year. In order6004to allow the municipalities to use data and analyses gathered by6005the counties, the state land planning agency shall schedule6006municipal report adoption dates between 1 year and 18 months6007later than the report adoption date for the county in which6008those municipalities are located. A local government may adopt6009its report no earlier than 90 days prior to the established6010adoption date. Small municipalities which were scheduled by6011chapter 9J-33, Florida Administrative Code, to adopt their6012evaluation and appraisal report after February 2, 1999, shall be6013rescheduled to adopt their report together with the other6014municipalities in their county as provided in this subsection.6015(10) The governing body shall amend its comprehensive plan6016based on the recommendations in the report and shall update the6017comprehensive plan based on the components of subsection (2),6018pursuant to the provisions of ss.163.3184,163.3187, and6019163.3189. Amendments to update a comprehensive plan based on the6020evaluation and appraisal report shall be adopted during a single6021amendment cycle within 18 months after the report is determined6022to be sufficient by the state land planning agency, except the6023state land planning agency may grant an extension for adoption6024of a portion of such amendments. The state land planning agency6025may grant a 6-month extension for the adoption of such6026amendments if the request is justified by good and sufficient6027cause as determined by the agency. An additional extension may6028also be granted if the request will result in greater6029coordination between transportation and land use, for the6030purposes of improving Florida’s transportation system, as6031determined by the agency in coordination with the Metropolitan6032Planning Organization program. Beginning July 1, 2006, failure6033to timely adopt and transmit update amendments to the6034comprehensive plan based on the evaluation and appraisal report6035shall result in a local government being prohibited from6036adopting amendments to the comprehensive plan until the6037evaluation and appraisal report update amendments have been6038adopted and transmitted to the state land planning agency. The6039prohibition on plan amendments shall commence when the update6040amendments to the comprehensive plan are past due. The6041comprehensive plan as amended shall be in compliance as defined6042in s.163.3184(1)(b). Within 6 months after the effective date6043of the update amendments to the comprehensive plan, the local6044government shall provide to the state land planning agency and6045to all agencies designated by rule a complete copy of the6046updated comprehensive plan.6047(11) The Administration Commission may impose the sanctions6048provided by s.163.3184(11) against any local government that6049fails to adopt and submit a report, or that fails to implement6050its report through timely and sufficient amendments to its local6051plan, except for reasons of excusable delay or valid planning6052reasons agreed to by the state land planning agency or found6053present by the Administration Commission. Sanctions for untimely6054or insufficient plan amendments shall be prospective only and6055shall begin after a final order has been issued by the6056Administration Commission and a reasonable period of time has6057been allowed for the local government to comply with an adverse6058determination by the Administration Commission through adoption6059of plan amendments that are in compliance. The state land6060planning agency may initiate, and an affected person may6061intervene in, such a proceeding by filing a petition with the6062Division of Administrative Hearings, which shall appoint an6063administrative law judge and conduct a hearing pursuant to ss.6064120.569and120.57(1) and shall submit a recommended order to6065the Administration Commission. The affected local government6066shall be a party to any such proceeding. The commission may6067implement this subsection by rule.6068 (5)(12)The state land planning agency shall not adopt 6069 rules to implement this section, other than procedural rules. 6070(13) The state land planning agency shall regularly review6071the evaluation and appraisal report process and submit a report6072to the Governor, the Administration Commission, the Speaker of6073the House of Representatives, the President of the Senate, and6074the respective community affairs committees of the Senate and6075the House of Representatives. The first report shall be6076submitted by December 31, 2004, and subsequent reports shall be6077submitted every 5 years thereafter. At least 9 months before the6078due date of each report, the Secretary of Community Affairs6079shall appoint a technical committee of at least 15 members to6080assist in the preparation of the report. The membership of the6081technical committee shall consist of representatives of local6082governments, regional planning councils, the private sector, and6083environmental organizations. The report shall assess the6084effectiveness of the evaluation and appraisal report process.6085(14) The requirement of subsection (10) prohibiting a local6086government from adopting amendments to the local comprehensive6087plan until the evaluation and appraisal report update amendments6088have been adopted and transmitted to the state land planning6089agency does not apply to a plan amendment proposed for adoption6090by the appropriate local government as defined in s.6091163.3178(2)(k) in order to integrate a port comprehensive master6092plan with the coastal management element of the local6093comprehensive plan as required by s.163.3178(2)(k) if the port6094comprehensive master plan or the proposed plan amendment does6095not cause or contribute to the failure of the local government6096to comply with the requirements of the evaluation and appraisal6097report.6098 Section 21. Present subsections (3), (4), (5), and (6) of 6099 section 163.3194, Florida Statutes, are renumbered as 6100 subsections (4), (5), (6), and (7), respectively, and a new 6101 subsection (3) is added to that section, to read: 6102 163.3194 Legal status of comprehensive plan.— 6103 (3) A governing body may not issue a development order or 6104 permit to erect, operate, use, or maintain a sign requiring a 6105 permit by s. 479.07 unless the sign is located on a parcel 6106 designated for commercial or industrial use, or located in an 6107 unzoned commercial or industrial area, or located on an unzoned 6108 commercial or industrial parcel. 6109 (a) As used in this subsection, the term: 6110 1. “Designated for commercial or industrial use” means a 6111 parcel of land designated predominately for commercial or 6112 industrial uses under both the future land use map approved by 6113 the state land planning agency and the land development 6114 regulations adopted pursuant to this chapter. 6115 2. “In an unzoned commercial or industrial area or on an 6116 unzoned commercial or industrial parcel” means an area or parcel 6117 that is not specifically designated for commercial or industrial 6118 uses under the land development regulations and is located in an 6119 area designated by the future land use map of a plan approved by 6120 the state land planning agency for multiple uses that include 6121 commercial or industrial uses within which three or more 6122 separate and distinct conforming industrial or commercial 6123 activities are located within the area as provided in s. 6124 479.01(26)(a). 6125 (b) If a parcel is located in an area designated for 6126 multiple uses on the future land use map of the comprehensive 6127 plan and the zoning category of the land development regulations 6128 does not clearly designate that parcel for a specific use, the 6129 parcel will be considered an unzoned commercial or industrial 6130 parcel if it meets the criteria of s. 479.01(26). 6131 Notwithstanding the provisions of s. 479.02(7), only the 6132 activities listed under s. 479.01(26)(b) may not be recognized 6133 as commercial or industrial activities for purposes of this 6134 subsection. 6135 (c) A development order or permit to erect, operate, use, 6136 or maintain a sign issued pursuant to a plan approved by the 6137 state land planning agency on a parcel designated for commercial 6138 or industrial use, or located in an area or on a parcel which 6139 qualifies as an unzoned commercial or industrial area is under 6140 the effective control of the state and in compliance with s. 6141 479.07 and s. 479.111(2) and the Department of Transportation 6142 shall rely upon such determination by the local permitting 6143 agency for the purposes of such sections and any determinations 6144 required by s. 479.02(3) and (7). 6145 (d) Permitting action by a governing body for the erection, 6146 operation, use or maintenance of a sign requiring a permit by s. 6147 479.07, which is inconsistent with the provisions of this 6148 subsection and implemented primarily to permit such a sign, is 6149 not authorized by this subsection. 6150 (e) The provisions under this subsection may not be 6151 implemented if the US Secretary of Transportation provides 6152 written notification to the department that implementation will 6153 adversely affect the allocation of federal funds to the 6154 department. 6155 Section 22. Paragraph (b) of subsection (2) of section 6156 163.3217, Florida Statutes, is amended to read: 6157 163.3217 Municipal overlay for municipal incorporation.— 6158 (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL 6159 OVERLAY.— 6160 (b)1.A municipal overlay shall be adopted as an amendment 6161 to the local government comprehensive plan as prescribed by s. 6162 163.3184. 61632. A county may consider the adoption of a municipal6164overlay without regard to the provisions of s.163.3187(1)6165regarding the frequency of adoption of amendments to the local6166comprehensive plan.6167 Section 23. Subsection (3) of section 163.3220, Florida 6168 Statutes, is amended to read: 6169 163.3220 Short title; legislative intent.— 6170 (3) In conformity with, in furtherance of, and to implement 6171 the CommunityLocal Government ComprehensivePlanningand Land6172Development RegulationAct and the Florida State Comprehensive 6173 Planning Act of 1972, it is the intent of the Legislature to 6174 encourage a stronger commitment to comprehensive and capital 6175 facilities planning, ensure the provision of adequate public 6176 facilities for development, encourage the efficient use of 6177 resources, and reduce the economic cost of development. 6178 Section 24. Subsections (2) and (11) of section 163.3221, 6179 Florida Statutes, are amended to read: 6180 163.3221 Florida Local Government Development Agreement 6181 Act; definitions.—As used in ss. 163.3220-163.3243: 6182 (2) “Comprehensive plan” means a plan adopted pursuant to 6183 the Community“Local Government ComprehensivePlanningand Land6184Development RegulationAct.”6185 (11) “Local planning agency” means the agency designated to 6186 prepare a comprehensive plan or plan amendment pursuant to the 6187 Community“Florida Local Government ComprehensivePlanningand6188Land Development RegulationAct.”6189 Section 25. Section 163.3229, Florida Statutes, is amended 6190 to read: 6191 163.3229 Duration of a development agreement and 6192 relationship to local comprehensive plan.—The duration of a 6193 development agreement mayshallnot exceed 3020years, unless 6194 it is. It may beextended by mutual consent of the governing 6195 body and the developer, subject to a public hearing in 6196 accordance with s. 163.3225. No development agreement shall be 6197 effective or be implemented by a local government unless the 6198 local government’s comprehensive plan and plan amendments 6199 implementing or related to the agreement arefoundin compliance 6200by the state land planning agencyin accordance with s. 6201 163.3184, s.163.3187,or s. 163.3189. 6202 Section 26. Section 163.3235, Florida Statutes, is amended 6203 to read: 6204 163.3235 Periodic review of a development agreement.—A 6205 local government shall review land subject to a development 6206 agreement at least once every 12 months to determine if there 6207 has been demonstrated good faith compliance with the terms of 6208 the development agreement.For each annual review conducted6209during years 6 through 10 of a development agreement, the review6210shall be incorporated into a written report which shall be6211submitted to the parties to the agreement and the state land6212planning agency. The state land planning agency shall adopt6213rules regarding the contents of the report, provided that the6214report shall be limited to the information sufficient to6215determine the extent to which the parties are proceeding in good6216faith to comply with the terms of the development agreement.If 6217 the local government finds, on the basis of substantial 6218 competent evidence, that there has been a failure to comply with 6219 the terms of the development agreement, the agreement may be 6220 revoked or modified by the local government. 6221 Section 27. Section 163.3239, Florida Statutes, is amended 6222 to read: 6223 163.3239 Recording and effectiveness of a development 6224 agreement.—Within 14 days after a local government enters into a 6225 development agreement, the local government shall record the 6226 agreement with the clerk of the circuit court in the county 6227 where the local government is located.A copy of the recorded6228development agreement shall be submitted to the state land6229planning agency within 14 days after the agreement is recorded.6230 A development agreement shall not be effective until it is 6231 properly recorded in the public records of the countyand until623230 days after having been received by the state land planning6233agency pursuant to this section. The burdens of the development 6234 agreement shall be binding upon, and the benefits of the 6235 agreement shall inure to, all successors in interest to the 6236 parties to the agreement. 6237 Section 28. Section 163.3243, Florida Statutes, is amended 6238 to read: 6239 163.3243 Enforcement.—Any party or, anyaggrieved or 6240 adversely affected person as defined in s. 163.3215(2), or the6241state land planning agencymay file an action for injunctive 6242 relief in the circuit court where the local government is 6243 located to enforce the terms of a development agreement or to 6244 challenge compliance of the agreement with the provisions of ss. 6245 163.3220-163.3243. 6246 Section 29. Section 163.3245, Florida Statutes, is amended 6247 to read: 6248 163.3245OptionalSector plans.— 6249 (1) In recognition of the benefits ofconceptuallong-range 6250 planning forthe buildout of an area, and detailed planning for6251 specific areas,as a demonstration project, the requirements of6252s.380.06may be addressed as identified by this section for up6253to fivelocal governments or combinations of local governments 6254 maywhichadopt into theirthecomprehensive plans aplan an6255optionalsector plan in accordance with this section. This 6256 section is intended to promote and encourage long-term planning 6257 for conservation, development, and agriculture on a landscape 6258 scale; to further the intent of s. 163.3177(11), which supports 6259 innovative and flexible planning and development strategies, and 6260 the purposes of this part,and part I of chapter 380; to 6261 facilitate protection of regionally significant resources, 6262 including, but not limited to, regionally significant water 6263 courses and wildlife corridors;,and to avoid duplication of 6264 effort in terms of the level of data and analysis required for a 6265 development of regional impact, while ensuring the adequate 6266 mitigation of impacts to applicable regional resources and 6267 facilities, including those within the jurisdiction of other 6268 local governments, as would otherwise be provided.Optional6269 Sector plans are intended for substantial geographic areas that 6270 includeincludingat least 15,0005,000acres of one or more 6271 local governmental jurisdictions and are to emphasize urban form 6272 and protection of regionally significant resources and public 6273 facilities. AThe state land planning agency may approve6274optional sector plans of less than 5,000 acres based on local6275circumstances if it is determined that the plan would further6276the purposes of this part and part I of chapter 380. Preparation6277of an optional sector plan is authorized by agreement between6278the state land planning agency and the applicable local6279governments under s.163.3171(4). An optional sector plan may be6280adopted through one or more comprehensive plan amendments under6281s.163.3184. However, an optionalsector plan may not be adopted 6282authorizedin an area of critical state concern. 6283 (2) Upon the request of a local government having 6284 jurisdiction,The state land planning agency may enter into an6285agreement to authorize preparation of an optional sector plan6286upon the request of one or more local governments based on6287consideration of problems and opportunities presented by6288existing development trends; the effectiveness of current6289comprehensive plan provisions; the potential to further the6290state comprehensive plan, applicable strategic regional policy6291plans, this part, and part I of chapter 380; and those factors6292identified by s.163.3177(10)(i).the applicable regional 6293 planning council shall conduct a scoping meeting with affected 6294 local governments and those agencies identified in s. 6295 163.3184(4) before preparation of the sector planexecution of6296the agreement authorized by this section. The purpose of this 6297 meeting is to assist the state land planning agency and the 6298 local government in the identification of the relevant planning 6299 issues to be addressed and the data and resources available to 6300 assist in the preparation of the sector plan. In the event that 6301 a scoping meeting is conducted,subsequent plan amendments.the 6302 regional planning council shall make written recommendations to 6303 the state land planning agency and affected local governments, 6304 on the issues requested by the local government. The scoping 6305 meeting shall be noticed and open to the public. In the event 6306 that the entire planning area proposed for the sector plan is 6307 within the jurisdiction of two or more local governments, some 6308 or all of them may enter into a joint planning agreement 6309 pursuant to s. 163.3171 with respect toincluding whether a6310sustainable sector plan would be appropriate. The agreement must6311definethe geographic area to be subject to the sector plan, the 6312 planning issues that will be emphasized, proceduresrequirements6313 for intergovernmental coordination to address 6314 extrajurisdictional impacts, supporting application materials 6315 including data and analysis,andprocedures for public 6316 participation, or other issues.An agreement may address6317previously adopted sector plans that are consistent with the6318standards in this section. Before executing an agreement under6319this subsection, the local government shall hold a duly noticed6320public workshop to review and explain to the public the optional6321sector planning process and the terms and conditions of the6322proposed agreement. The local government shall hold a duly6323noticed public hearing to execute the agreement. All meetings6324between the department and the local government must be open to6325the public.6326 (3)OptionalSector planning encompasses two levels: 6327 adoption pursuant tounders. 163.3184 of aconceptuallong-term 6328 master plan for the entire planning area as part of the 6329 comprehensive plan, and adoption by local development order of 6330 two or morebuildout overlay to the comprehensive plan, having6331no immediate effect on the issuance of development orders or the6332applicability of s.380.06, and adoption under s.163.3184of6333 detailed specific area plans that implement theconceptuallong 6334 term master planbuildout overlay and authorize issuance of6335development orders,and within which s. 380.06 is waived.Until6336such time as a detailed specific area plan is adopted, the6337underlying future land use designations apply.6338 (a) In addition to the other requirements of this chapter, 6339 a long-term master plan pursuant to this sectionconceptual6340long-term buildout overlaymust include maps, illustrations, and 6341 text supported by data and analysis to address the following: 6342 1. Along-range conceptualframework map that, at a 6343 minimum, generally depictsidentifies anticipatedareas of 6344 urban, agricultural, rural, and conservation land use, 6345 identifies allowed uses in various parts of the planning area, 6346 specifies maximum and minimum densities and intensities of use, 6347 and provides the general framework for the development pattern 6348 in developed areas with graphic illustrations based on a 6349 hierarchy of places and functional place-making components. 6350 2. A general identification of the water supplies needed 6351 and available sources of water, including water resource 6352 development and water supply development projects, and water 6353 conservation measures needed to meet the projected demand of the 6354 future land uses in the long-term master plan. 6355 3. A general identification of the transportation 6356 facilities to serve the future land uses in the long-term master 6357 plan, including guidelines to be used to establish each modal 6358 component intended to optimize mobility. 6359 4. A general identification of other regionally significant 6360 public facilitiesconsistent with chapter 9J-2, Florida6361Administrative Code, irrespective of local governmental6362jurisdictionnecessary to supportbuildout oftheanticipated6363 future land uses, which may include central utilities provided 6364 on site within the planning area, and policies setting forth the 6365 procedures to be used to mitigate the impacts of future land 6366 uses on public facilities. 6367 5.3.A general identification of regionally significant 6368 natural resources within the planning area based on the best 6369 available data and policies setting forth the procedures for 6370 protection or conservation of specific resources consistent with 6371 the overall conservation and development strategy for the 6372 planning areaconsistent with chapter 9J-2, Florida6373Administrative Code. 6374 6.4.General principles and guidelines addressingthat6375addressthe urban form and the interrelationships ofanticipated6376 future land uses; the protection and, as appropriate, 6377 restoration and management of lands identified for permanent 6378 preservation through recordation of conservation easements 6379 consistent with s. 704.06, which shall be phased or staged in 6380 coordination with detailed specific area plans to reflect phased 6381 or staged development within the planning area;and a6382discussion, at the applicant’s option, of the extent, if any, to6383which the plan will address restoring key ecosystems,achieving 6384 a more clean, healthy environment;,limiting urban sprawl; 6385 providing a range of housing types;,protecting wildlife and 6386 natural areas;,advancing the efficient use of land and other 6387 resources;, andcreating quality communities of a design that 6388 promotes travel by multiple transportation modes; and enhancing 6389 the prospects for the creation of jobs. 6390 7.5.Identification of general procedures and policies to 6391 facilitateensureintergovernmental coordination to address 6392 extrajurisdictional impacts from the future land useslong-range6393conceptual framework map. 6394 6395 A long-term master plan adopted pursuant to this section shall 6396 be based upon a planning period longer than the generally 6397 applicable planning period of the local comprehensive plan, 6398 shall specify the projected population within the planning area 6399 during the chosen planning period, and may include a phasing or 6400 staging schedule that allocates a portion of the local 6401 government’s future growth to the planning area through the 6402 planning period. It shall not be a requirement for a long-term 6403 master plan adopted pursuant to this section to demonstrate need 6404 based upon projected population growth or on any other basis. 6405 (b) In addition to the other requirements of this chapter, 6406including those in paragraph (a),the detailed specific area 6407 plans shall be consistent with the long-term master plan and 6408 must include conditions and commitments which provide for: 6409 1. Development or conservation of an area ofadequate size6410to accommodate a level of development which achieves a6411functional relationship between a full range of land uses within6412the area and to encompassat least 1,000 acres consistent with 6413 the long-term master plan. The local governmentstate land6414planning agencymay approve detailed specific area plans of less 6415 than 1,000 acres based on local circumstances if it is 6416 determined that the detailed specific area plan furthers the 6417 purposes of this part and part I of chapter 380. 6418 2. Detailed identification and analysis of the maximum and 6419 minimum densities and intensities of use, and the distribution, 6420 extent, and location of future land uses. 6421 3. Detailed identification of water resource development 6422 and water supply development projects and related 6423 infrastructure, and water conservation measures to address water 6424 needs of development in the detailed specific area plan. 6425 4. Detailed identification of the transportation facilities 6426 to serve the future land uses in the detailed specific area 6427 plan. 6428 5.3.Detailed identification of other regionally 6429 significant public facilities, including public facilities 6430 outside the jurisdiction of the host local government, 6431anticipatedimpacts of future land uses on those facilities, and 6432 required improvements consistent with the long-term master plan 6433chapter 9J-2, Florida Administrative Code. 6434 6.4.Public facilities necessary to serve development in 6435 the detailed specific area planfor the short term, including 6436 developer contributions in afinancially feasible5-year capital 6437 improvement schedule of the affected local government. 6438 7.5.Detailed analysis and identification of specific 6439 measures to assure the protection or conservation of lands 6440 identified in the long-term master plan to be permanently 6441 preserved within the planning area through recordation of a 6442 conservation easement consistent with s. 704.06 and, as 6443 appropriate, restored or managed,of regionally significant6444natural resourcesand other important resources both within and 6445 outside the host jurisdiction, including those regionally6446significant resources identified in chapter 9J-2, Florida6447Administrative Code. 6448 8.6.Detailed principles and guidelines addressingthat6449addressthe urban form and the interrelationships ofanticipated6450 future land uses;and a discussion, at the applicant’s option,6451of the extent, if any, to which the plan will address restoring6452key ecosystems,achieving a more clean, healthy environment;,6453 limiting urban sprawl;,providing a range of housing types; 6454 protecting wildlife and natural areas;,advancing the efficient 6455 use of land and other resources;, andcreating quality 6456 communities of a design that promotes travel by multiple 6457 transportation modes; and enhancing the prospects for the 6458 creation of jobs. 6459 9.7.Identification of specific procedures to facilitate 6460ensureintergovernmental coordination to address 6461 extrajurisdictional impacts fromofthe detailed specific area 6462 plan. 6463 6464 A detailed specific area plan adopted by local development order 6465 pursuant to this section may be based upon a planning period 6466 longer than the generally applicable planning period of the 6467 local comprehensive plan and shall specify the projected 6468 population within the specific planning area during the chosen 6469 planning period. It shall not be a requirement for a detailed 6470 specific area plan adopted pursuant to this section to 6471 demonstrate need based upon projected population growth or on 6472 any other basis. 6473 (c) In its review of a long-term master plan, the state 6474 land planning agency shall consult with the Department of 6475 Agriculture and Consumer Services, the Department of 6476 Environmental Protection, the Fish and Wildlife Conservation 6477 Commission, and the applicable water management district 6478 regarding the design of areas for protection and conservation of 6479 regionally significant natural resources and for the protection 6480 and, as appropriate, restoration and management of lands 6481 identified for permanent preservation. 6482 (d) In its review of a long-term master plan, the state 6483 land planning agency shall consult with the Department of 6484 Transportation, the applicable metropolitan planning 6485 organization, and any urban transit agency regarding the 6486 location, capacity, design, and phasing or staging of major 6487 transportation facilities in the planning area. 6488 (e) The state land planning agency may initiate a civil 6489 action pursuant to s. 163.3215 with respect to a detailed 6490 specific area plan that is not consistent with a long-term 6491 master plan adopted pursuant to this section. For purposes of 6492 such a proceeding, the state land planning agency shall be 6493 deemed an aggrieved and adversely affected party. Regardless of 6494 whether the local government has adopted an ordinance that 6495 establishes a local process that meets the requirements of s. 6496 163.3215(4), judicial review of a detailed specific area plan 6497 initiated by the state land planning agency shall be de novo 6498 pursuant to s. 163.3215(3) and not by petition for writ of 6499 certiorari pursuant to s. 163.3215(4). Any other aggrieved or 6500 adversely affected party shall be subject to s. 163.3215 in all 6501 respects when initiating a consistency challenge to a detailed 6502 specific area plan. 6503 (f)(c)This subsection doesmaynotbe construed toprevent 6504 preparation and approval of theoptionalsector plan and 6505 detailed specific area plan concurrently or in the same 6506 submission. 6507 (4) Upon the long-term master plan becoming legally 6508 effective: 6509 (a) Any long-range transportation plan developed by a 6510 metropolitan planning organization pursuant to s. 339.175(7) 6511 must be consistent, to the maximum extent feasible, with the 6512 long-term master plan, including, but not limited to, the 6513 projected population, the approved uses and densities and 6514 intensities of use and their distribution within the planning 6515 area. The transportation facilities identified in adopted plans 6516 pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be 6517 developed in coordination with the adopted M.P.O. long-range 6518 transportation plan. 6519 (b) The water needs, sources and water resource 6520 development, and water supply development projects identified in 6521 adopted plans pursuant to sub-subparagraphs (3)(a)2. and 6522 (3)(b)3. shall be incorporated into the applicable district and 6523 regional water supply plans adopted in accordance with ss. 6524 373.036 and 373.709. Accordingly, and notwithstanding the permit 6525 durations stated in s. 373.236, an applicant may request and the 6526 applicable district may issue consumptive use permits for 6527 durations commensurate with the long-term master plan or 6528 detailed specific area plan, considering the ability of the 6529 master-plan area to contribute to regional water supply 6530 availability and the need to maximize reasonable-beneficial use 6531 of the water resource. The permitting criteria in s. 373.223 6532 shall be applied based upon the projected population, the 6533 approved densities and intensities of use and their distribution 6534 in the long-term master plan, however, the allocation of the 6535 water may be phased over the permit duration to correspond to 6536 actual projected needs. Nothing in this paragraph is intended to 6537 supersede the public interest test set forth in s. 373.223.The6538host local government shall submit a monitoring report to the6539state land planning agency and applicable regional planning6540council on an annual basis after adoption of a detailed specific6541area plan. The annual monitoring report must provide summarized6542information on development orders issued, development that has6543occurred, public facility improvements made, and public facility6544improvements anticipated over the upcoming 5 years.6545 (5) When aplan amendment adoptinga detailed specific area 6546 plan has become effective for a portion of the planning area 6547 governed by a long-term master plan adopted pursuant to this 6548 sectionunder ss.163.3184and 163.3189(2), the provisions of s. 6549 380.06 do not apply to development within the geographic area of 6550 the detailed specific area plan. However, any development-of 6551 regional-impact development order that is vested from the 6552 detailed specific area plan may be enforced pursuant tounders. 6553 380.11. 6554 (a) The local government adopting the detailed specific 6555 area plan is primarily responsible for monitoring and enforcing 6556 the detailed specific area plan. Local governments shall not 6557 issue any permits or approvals or provide any extensions of 6558 services to development that are not consistent with the 6559 detailed specificsectorarea plan. 6560 (b) If the state land planning agency has reason to believe 6561 that a violation of any detailed specific area plan, or of any6562agreement entered into under this section,has occurred or is 6563 about to occur, it may institute an administrative or judicial 6564 proceeding to prevent, abate, or control the conditions or 6565 activity creating the violation, using the procedures in s. 6566 380.11. 6567 (c) In instituting an administrative or judicial proceeding 6568 involving anoptionalsector plan or detailed specific area 6569 plan, including a proceeding pursuant to paragraph (b), the 6570 complaining party shall comply with the requirements of s. 6571 163.3215(4), (5), (6), and (7), except as provided by paragraph 6572 (3)(d). 6573 (d) The detailed specific area plan shall establish a 6574 buildout date until which the approved development shall not be 6575 subject to downzoning, unit density reduction, or intensity 6576 reduction, unless the local government can demonstrate that 6577 implementation of the plan is not continuing in good faith based 6578 on standards established by plan policy, or that substantial 6579 changes in the conditions underlying the approval of the 6580 detailed specific area plan have occurred, or that the detailed 6581 specific area plan was based on substantially inaccurate 6582 information provided by the applicant, or that the change is 6583 clearly established to be essential to the public health, 6584 safety, or welfare. 6585 (6) Concurrent with or subsequent to review and adoption of 6586 a long-term master plan pursuant to paragraph (3)(a), an 6587 applicant may apply for master development approval pursuant to 6588 s. 380.06(21) for the entire planning area in order to establish 6589 a buildout date until which the approved uses and densities and 6590 intensities of use of the master plan shall not be subject to 6591 downzoning, unit density reduction, or intensity reduction, 6592 unless the local government can demonstrate that implementation 6593 of the master plan is not continuing in good faith based on 6594 standards established by plan policy, or that substantial 6595 changes in the conditions underlying the approval of the master 6596 plan have occurred, or that the master plan was based on 6597 substantially inaccurate information provided by the applicant, 6598 or that change is clearly established to be essential to the 6599 public health, safety, or welfare. Review of the application for 6600 master development approval shall be at a level of detail 6601 appropriate for the long-term and conceptual nature of the long 6602 term master plan and, to the maximum extent possible, shall only 6603 consider information provided in the application for a long-term 6604 master plan. Notwithstanding any provision of s. 380.06 to the 6605 contrary, an increment of development in such an approved master 6606 development plan shall be approved by a detailed specific area 6607 plan pursuant to paragraph (3)(b) and shall be exempt from 6608 review pursuant to s. 380.06.Beginning December 1, 1999, and6609each year thereafter, the department shall provide a status6610report to the Legislative Committee on Intergovernmental6611Relations regarding each optional sector plan authorized under6612this section.6613 (7) A developer within an area subject to a long-term 6614 master plan which meets the requirements of paragraph (3)(a) and 6615 subsection (6) or a detailed specific area plan which meets the 6616 requirements of paragraph (3)(b) may enter into a development 6617 agreement with a local government pursuant to ss. 163.3220 6618 163.3243. The duration of such a development agreement may be 6619 through the planning period of the long-term master plan or the 6620 detailed specific area plan, as the case may be, notwithstanding 6621 the limit on the duration of a development agreement pursuant to 6622 s. 163.3229. 6623 (8) Any owner of property within the planning area of a 6624 proposed long-term master plan may withdraw his consent to the 6625 master plan at any time prior to local government adoption, and 6626 the local government shall exclude such parcels from the adopted 6627 master plan. Thereafter, the long-term master plan, any detailed 6628 specific area plan, and the exemption from development-of 6629 regional-impact review under this section shall not apply to the 6630 subject parcels. After adoption of a long-term master plan, an 6631 owner may withdraw his or her property from the master plan only 6632 with the approval of the local government by plan amendment 6633 adopted and reviewed pursuant to s. 163.3184. 6634 (9) The adoption of a long-term master plan or a detailed 6635 specific area plan pursuant to this section shall not limit the 6636 right to continue existing agricultural or silvicultural uses or 6637 other natural resource-based operations or to establish similar 6638 new uses that are consistent with the plans approved pursuant to 6639 this section. 6640 (10) The state land planning agency may enter into an 6641 agreement with a local government which, on or before July 1, 6642 2011, adopted a large-area comprehensive plan amendment 6643 consisting of at least 15,000 acres that meets the requirements 6644 for a long-term master plan in paragraph (3)(a), after notice 6645 and public hearing by the local government, and thereafter, 6646 notwithstanding any provision of s. 380.06 or this part or any 6647 planning agreement or plan policy, that large-area plan shall be 6648 implemented through detailed specific area plans that meet the 6649 requirements of paragraph (3)(b) and shall otherwise be subject 6650 to the provisions of this section. 6651 (11) Notwithstanding any provision to the contrary of s. 6652 380.06 or this part II or any planning agreement or plan policy, 6653 a landowner or developer who has received approval of a master 6654 development of regional impact development order pursuant to s. 6655 380.06(21) may apply to implement this order by filing one or 6656 more applications to approve detailed specific area plan 6657 pursuant to paragraph (3)(b). 6658 (12) Notwithstanding the provisions of this section, a 6659 detailed specific area plan to implement a conceptual long-term 6660 buildout overlay adopted by a local government and found in 6661 compliance prior to July 1, 2011, shall be governed by the 6662 provisions of this section. 6663 (13)(7)This section may not be construed to abrogate the 6664 rights of any person under this chapter. 6665 Section 30. Section 163.3247, Florida Statutes, as amended 6666 by section 42 of chapter 2010-153, Laws of Florida, is amended, 6667 and subsection (6) is added to that section, to read: 6668 163.3247 Century Commission for a Sustainable Florida.— 6669 (1) POPULAR NAME.—This section may be cited as the “Century 6670 Commission for a Sustainable Florida Act.” 6671 (2) FINDINGS AND INTENT.—The Legislature finds and declares 6672 that the population of this state is expected to more than 6673 double over the next 100 years, with commensurate impacts to the 6674 state’s natural resources and public infrastructure. 6675 Consequently, it is in the best interests of the people of the 6676 state to ensure sound planning for the proper placement of this 6677 growth and protection of the state’s land, water, and other 6678 natural resources since such resources are essential to our 6679 collective quality of life and a strong economy. The state’s 6680 growth management system should foster economic stability 6681 through regional solutions and strategies, urban renewal and 6682 infill, and the continued viability of agricultural economies, 6683 while allowing for rural economic development and protecting the 6684 unique characteristics of rural areas, and should reduce the 6685 complexity of the regulatory process while carrying out the 6686 intent of the laws and encouraging greater citizen 6687 participation. The Legislature further finds that it is 6688 imperative that the state have a specific strategic plan 6689 addressing its growth management system. 6690 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION; 6691 ORGANIZATION.—The Century Commission for a Sustainable Florida 6692 is created as a standing body to help the citizens of this state 6693 envision and plan their collective future with an eye towards 6694 10-year,both25-year, and 50-year horizons. 6695 (a) The commission shall consist of 1815members appointed 6696 as follows:,6697 1. Two members5appointed by the Governor;,6698 2. Five members5appointed by the President of the 6699 Senate;, and6700 3. Five members5appointed by the Speaker of the House of 6701 Representatives; 6702 4. The chairs of the legislative growth management 6703 committees; 6704 5. The Secretary of Community Affairs; 6705 6. The Secretary of Environmental Protection; 6706 7. The Secretary of Transportation; and 6707 8. The director of the Office of Tourism, Trade, and 6708 Economic Development. 6709 (b) Members of the commissionAppointments shall be made no6710later than October 1, 2005.The membershipmust represent local 6711 governments, school boards, developers and homebuilders, the 6712 business community, the agriculture community, the environmental 6713 community, and other appropriate stakeholders. Beginning July 1, 6714 2011, through June 30, 2013, one member shall be elected to 6715 serve as chair by a vote of the commission membership. However, 6716 the chairs of the legislative growth management committees, the 6717 Secretary of Community Affairs, the Secretary of Environmental 6718 Protection, the Secretary of Transportation, and the director of 6719 the Office of Tourism, Trade, and Economic Development may not 6720 serve as chair during this perioddesignated by the Governor as6721chair of the commission. Any vacancy that occurs on the 6722 commission must be filled in the same manner as the original 6723 appointment and shall be for the unexpired term of that 6724 commission seat.Members shallserve 4-year terms, except that,6725initially, to provide for staggered terms, the Governor, the6726President of the Senate, and the Speaker of the House of6727Representatives shall each appoint one member to serve a 2-year6728term, two members to serve 3-year terms, and two members to6729serve 4-year terms.Members shall be appointed to serveAll6730subsequent appointments shall be for4-year terms. An appointee 6731 may not serve more than 6 years. However, members who are 6732 appointed on or before January 1, 2011, shall have their terms 6733 automatically extended to June 30, 2013, to ensure continuity 6734 during the development of the strategic plan. 6735 (c)(b)The fiscal year of the commission begins July 1 each 6736 year and ends June 30 of the following year.The first meeting6737ofThe commissionshall be held no later than December 1, 2005,6738andshall meet at the call of the chair but not less frequently 6739 than sixthreetimes per fiscal yearin different regions of the6740stateto solicit input from the public or any other individuals 6741 offering testimony relevant to the issues to be considered. The 6742 executive director shall establish a meeting calendar for the 6743 fiscal year which considers the availability of members. The 6744 commission must vote to approve the meeting calendar before the 6745 beginning of the fiscal year. The commission may vote to form 6746 subcommittees and schedule meetings as necessary. 6747 (d)(c)Each member of the commission is entitled to one 6748 vote, and the actions of the commission are not binding unless 6749 taken by a majoritythree-fifthsvote of the members present. A 6750 majority of the members is required to constitute a quorum, and 6751 the affirmative vote of a quorum is required for a binding vote. 6752 (e)(d)Members of the commission shall serve without 6753 compensation, but areshall beentitled to receive reimbursement 6754 for per diem and travel expenses as provided inaccordance with6755 s. 112.061 while in the performance of their duties. 6756 (4) POWERS AND DUTIES.— 6757 (a) The commission shall:6758(a) Annually conduct a process through which the commission6759envisions the future for the state and then develops and6760recommends policies, plans, action steps, or strategies to6761assist in achieving the vision.6762(b) Continuously review and consider statutory and6763regulatory provisions, governmental processes, and societal and6764economic trends in its inquiry of how state, regional, and local6765governments and entities and citizens of this state can best6766accommodate projected increased populations while maintaining6767the natural, historical, cultural, and manmade life qualities6768that best represent the state.6769(c)bring together people representing varied interests to 6770 develop a shared image of the state and its developed and 6771 natural areas. The process should involve exploring the impact 6772 of the estimated population increase and other emerging trends 6773 and issues; creating a vision for the future; and developing a 6774 strategic action plan to achieve that vision using 10-year, 25 6775 year, and 50-year intermediate planning timeframes. The plan 6776 must: 6777 1.(d)Focus on essential state interests, defined as those 6778 interests that transcend local or regional boundaries and are 6779 most appropriately conserved, protected, and promoted at the 6780 state level;.6781 2. Accommodate the projections for an increase in 6782 population while maintaining the state’s natural, historical, 6783 cultural, and manmade life qualities; and 6784 3. Be developed through a coordinated, integrated, and 6785 comprehensive effort across agencies, local governments, and 6786 nongovernmental stakeholders. 6787 (b) The commission shall submit the strategic plan to the 6788 Governor and the Legislature by November 15, 2012, along with 6789 progress reports by November 15, 2011, and March 15, 2012. The 6790 commission shall also make presentations, at least annually, to 6791 the Governor and the Legislature. 6792(e) Serve as an objective, nonpartisan repository of6793exemplary community-building ideas and as a source to recommend6794strategies and practices to assist others in working6795collaboratively to problem solve on issues relating to growth6796management.6797(f) Annually, beginning January 16, 2007, and every year6798thereafter on the same date, provide to the Governor, the6799President of the Senate, and the Speaker of the House of6800Representatives a written report containing specific6801recommendations for addressing growth management in the state,6802including executive and legislative recommendations. Further,6803the report shall contain discussions regarding the need for6804intergovernmental cooperation and the balancing of environmental6805protection and future development and recommendations on issues,6806including, but not limited to, recommendations regarding6807dedicated sources of funding for sewer facilities, water supply6808and quality, transportation facilities that are not adequately6809addressed by the Strategic Intermodal System, and educational6810infrastructure to support existing development and projected6811population growth.6812 (c)(g)Beginning with the 2007 Regular Session of the 6813 Legislature, the President of the Senate and the Speaker of the 6814 House of Representatives shall create a joint select committee, 6815 the task of which shall be to review the findings and 6816 recommendations of the Century Commission for a Sustainable 6817 Florida for potential action. 6818 (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.— 6819 (a)The Secretary of Community Affairs shall selectAn 6820 executive director shall be appointed by the Secretary of 6821 Community Affairs and ratified by the commission andof the6822commission, and the executive directorshall serve at the 6823 pleasure ofthe secretary under the supervision and control of6824 the commission under the direction of the chair. 6825 (b) The Department of Community Affairs shall provide a 6826 specific line item in its annual legislative budget request to 6827 fund the commission for the period beginning July 1, 2011, 6828 through June 30, 2013. The department may obtain additional 6829 funding through external grants. The department shall provide 6830 sufficient funds and staff support for the purpose of assisting 6831 the commission in completing the strategic planstaff and other6832resources necessary to accomplish the goals of the commission6833based upon recommendations of the Governor. 6834 (c) All agencies under the control of the Governor are 6835 directed, and all other agencies are requested, to render 6836 assistance to, and cooperate with, the commission. 6837 (6) EXPIRATION.—This section expires and the commission is 6838 abolished June 30, 2013. 6839 Section 31. Section 163.3248, Florida Statutes, is created 6840 to read: 6841 163.3248 Rural land stewardship areas.— 6842 (1) Rural land stewardship areas are designed to establish 6843 a long-term incentive based strategy to balance and guide the 6844 allocation of land so as to accommodate future land uses in a 6845 manner that protects the natural environment, stimulates 6846 economic growth and diversification, and encourages the 6847 retention of land for agriculture and other traditional rural 6848 land uses. 6849 (2) Upon written request by one or more landowners to 6850 designate lands as a rural land stewardship area, or pursuant to 6851 a private sector initiated comprehensive plan amendment, local 6852 governments may adopt by a majority vote a future land use 6853 overlay, which shall not require a demonstration of need based 6854 on population projections or any other factor, to designate all 6855 or portions of lands classified in the future land use element 6856 as predominantly agricultural, rural, open, open-rural, or a 6857 substantively equivalent land use, as a rural land stewardship 6858 area within which planning and economic incentives are applied 6859 to encourage the implementation of innovative and flexible 6860 planning and development strategies and creative land use 6861 planning techniques to support a diverse economic and employment 6862 base. 6863 (3) Rural land stewardship areas may be used to further the 6864 following broad principles of rural sustainability: restoration 6865 and maintenance of the economic value of rural land; control of 6866 urban sprawl; identification and protection of ecosystems, 6867 habitats, and natural resources; promotion and diversification 6868 of economic activity and employment opportunities within the 6869 rural areas; maintenance of the viability of the state’s 6870 agricultural economy; and protection of private property rights 6871 in rural areas of the state. Rural land stewardship areas may be 6872 multicounty in order to encourage coordinated regional 6873 stewardship planning. 6874 (4) A local government or one or more property owners may 6875 request assistance in participation of the development of a plan 6876 for the rural land stewardship area from the state land planning 6877 agency, the Department of Agriculture and Consumer Services, the 6878 Fish and Wildlife Conservation Commission, the Department of 6879 Environmental Protection, the appropriate water management 6880 district, the Department of Transportation, the regional 6881 planning council, private land owners, and stakeholders. 6882 (5) A rural land stewardship area shall be not less than 6883 10,000 acres and shall be located outside of municipalities and 6884 established urban service areas, and shall be designated by plan 6885 amendment by each local government with jurisdiction over the 6886 rural land stewardship area. The plan amendment or amendments 6887 designating a rural land stewardship area shall be subject to 6888 review pursuant to s. 163.3184 and shall provide for the 6889 following: 6890 (a) Criteria for the designation of receiving areas which 6891 shall at a minimum provide for the following: adequacy of 6892 suitable land to accommodate development so as to avoid conflict 6893 with significant environmentally sensitive areas, resources, and 6894 habitats; compatibility between and transition from higher 6895 density uses to lower intensity rural uses; and the 6896 establishment of receiving area service boundaries which provide 6897 for a transition from receiving areas and other land uses within 6898 the rural land stewardship area through limitations on the 6899 extension of services. 6900 (b) Innovative planning and development strategies to be 6901 applied within rural land stewardship areas pursuant to the 6902 provisions of this section. 6903 (c) A process for the implementation of innovative planning 6904 and development strategies within the rural land stewardship 6905 area, including those described in this subsection, which 6906 provide for a functional mix of land uses through the adoption 6907 by the local government of zoning and land development 6908 regulations applicable to the rural land stewardship area. 6909 (d) A mix of densities and intensities that would not be 6910 characterized as urban sprawl through the use of innovative 6911 strategies and creative land use techniques. 6912 (6) A receiving area may only be designated pursuant to 6913 procedures established in the local government’s land 6914 development regulations. At the time of designation of a 6915 stewardship receiving area, a listed species survey will be 6916 performed. If listed species occur on the receiving area site, 6917 the applicant shall coordinate with each appropriate local, 6918 state, or federal agency to determine if adequate provisions 6919 have been made to protect those species in accordance with 6920 applicable regulations. In determining the adequacy of 6921 provisions for the protection of listed species and their 6922 habitats, the rural land stewardship area shall be considered as 6923 a whole, and the potential impacts and protective measures taken 6924 within areas to be developed as receiving areas shall be 6925 considered in conjunction with the substantial benefits derived 6926 from lands set aside and protective measures taken outside of 6927 the designation of receiving areas. 6928 (7) Upon the adoption of a plan amendment creating a rural 6929 land stewardship area, the local government shall, by ordinance, 6930 establish a rural land stewardship overlay zoning district, 6931 which shall provide the methodology for the creation, 6932 conveyance, and use of transferable rural land use credits, 6933 hereinafter referred to as stewardship credits, the assignment 6934 and application of which shall not constitute a right to develop 6935 land, nor increase density of land, except as provided by this 6936 section. The total amount of stewardship credits within the 6937 rural land stewardship area must enable the realization of the 6938 long-term vision and goals for the rural land stewardship area, 6939 which may take into consideration the anticipated effect of the 6940 proposed receiving areas. The estimated amount of receiving area 6941 shall be projected based on available data and the development 6942 potential represented by the stewardship credits created within 6943 the rural land stewardship area must correlate to that amount. 6944 (8) Stewardship credits are subject to the following 6945 limitations: 6946 (a) Stewardship credits may exist only within a rural land 6947 stewardship area. 6948 (b) Stewardship credits may be created only from lands 6949 designated as stewardship sending areas and may be used only on 6950 lands designated as stewardship receiving areas and then solely 6951 for the purpose of implementing innovative planning and 6952 development strategies and creative land use planning techniques 6953 adopted by the local government pursuant to this section. 6954 (c) Stewardship credits can be transferred from sending 6955 areas only after a stewardship easement is placed on the sending 6956 area land assigned stewardship credits. A stewardship easement 6957 means a covenant or restrictive easement running with the land 6958 which specifies the allowable uses and development restrictions 6959 for the portion of a sending area from which stewardship credits 6960 have been transferred. The stewardship easement must be jointly 6961 held by the county and either the Department of Environmental 6962 Protection, Department of Agriculture and Consumer Services, a 6963 water management district, or a recognized statewide land trust. 6964 (d) Stewardship credits assigned to a parcel of land within 6965 a rural land stewardship area shall cease to exist if the parcel 6966 of land is removed from the rural land stewardship area by plan 6967 amendment. 6968 (e) Neither the creation of the rural land stewardship area 6969 by plan amendment nor the adoption of the rural land stewardship 6970 zoning overlay district by the local government shall displace 6971 the underlying permitted uses, density or intensity of land uses 6972 assigned to a parcel of land within the rural land stewardship 6973 area that existed before adoption of the plan amendment or 6974 zoning overlay district; however, once stewardship credits have 6975 been transferred from a designated sending area for use within a 6976 designated receiving area, the underlying density assigned to 6977 the designated sending area shall cease to exist. 6978 (f) The underlying permitted uses, density, or intensity on 6979 each parcel of land located within a rural land stewardship area 6980 shall not be increased or decreased by the local government, 6981 except as a result of the conveyance or stewardship credits, as 6982 long as the parcel remains within the rural land stewardship 6983 area. 6984 (g) Stewardship credits shall cease to exist on a parcel of 6985 land where the underlying density assigned to the parcel of land 6986 is used. 6987 (h) An increase in the density or intensity of use on a 6988 parcel of land located within a designated receiving area may 6989 occur only through the assignment or use of stewardship credits 6990 and shall not require a plan amendment. A change in the type of 6991 agricultural use on property within a rural land stewardship 6992 area shall not be considered a change in use or intensity of use 6993 and shall not require any transfer of stewardship credits. 6994 (i) A change in the density or intensity of land use on 6995 parcels located within receiving areas shall be specified in a 6996 development order that reflects the total number of stewardship 6997 credits assigned to the parcel of land and the infrastructure 6998 and support services necessary to provide for a functional mix 6999 of land uses corresponding to the plan of development. 7000 (j) Land within a rural land stewardship area may be 7001 removed from the rural land stewardship area through a plan 7002 amendment. 7003 (k) Stewardship credits may be assigned at different ratios 7004 of credits per acre according to the natural resource or other 7005 beneficial use characteristics of the land and according to the 7006 land use remaining following the transfer of credits, with the 7007 highest number of credits per acre assigned to the most 7008 environmentally valuable land or, in locations where the 7009 retention of open space and agricultural land is a priority, to 7010 such lands. 7011 (l) The use or conveyance of stewardship credits must be 7012 recorded in the public records of the county in which the 7013 property is located as a covenant or restrictive easement 7014 running with the land in favor of the county and the Department 7015 of Environmental Protection, the Department of Agriculture and 7016 Consumer Services, a water management district, or a recognized 7017 statewide land trust. 7018 (9) Owners of land within rural land stewardship sending 7019 areas should be provided other incentives, in addition to the 7020 use or conveyance of stewardship credits, to enter into rural 7021 land stewardship agreements, pursuant to existing law and rules 7022 adopted thereto, with state agencies, water management 7023 districts, the Fish and Wildlife Conservation Commission, and 7024 local governments to achieve mutually agreed upon objectives. 7025 Such incentives may include, but need not be limited to, the 7026 following: 7027 (a) Opportunity to accumulate transferable wetland and 7028 species habitat mitigation credits for use or sale. 7029 (b) Extended permit agreements. 7030 (c) Opportunities for recreational leases and ecotourism. 7031 (d) Compensation for the achievement of specified land 7032 management activities of public benefit, including, but not 7033 limited to, facility siting and corridors, recreational leases, 7034 water conservation and storage, water reuse, wastewater 7035 recycling, water supply and water resource development, nutrient 7036 reduction, environmental restoration and mitigation, public 7037 recreation, listed species protection and recovery, and wildlife 7038 corridor management and enhancement. 7039 (e) Option agreements for sale to public entities or 7040 private land conservation entities, in either fee or easement, 7041 upon achievement of specified conservation objectives. 7042 (10) The provisions of paragraph (9)(d) constitute an 7043 overlay of land use options that provide economic and regulatory 7044 incentives for landowners outside of established and planned 7045 urban service areas to conserve and manage vast areas of land 7046 for the benefit of the state’s citizens and natural environment 7047 while maintaining and enhancing the asset value of their 7048 landholdings. It is the intent of the Legislature that the 7049 provisions of this section be implemented pursuant to law and 7050 rulemaking is not authorized. 7051 (11) It is the intent of the legislature that the Rural 7052 Land Stewardship Area located in Collier County, which is 7053 consistent in all materials aspects with this section, be 7054 recognized as a Statutory Rural Land Stewardship Area, and be 7055 afforded the incentives as set forth in this section. 7056 Section 32. Section 163.32465, Florida Statutes, is amended 7057 to read: 7058 163.32465 State review of local comprehensive plansin7059urban areas.— 7060 (1) LEGISLATIVE FINDINGS.— 7061 (a) The Legislature finds that local governments in this 7062 state have a wide diversity of resources, conditions, abilities, 7063 and needs. The Legislature also finds that comprehensive 7064 planning has been implemented throughout the state and that it 7065 is appropriate for local governments to have the primary role in 7066 planning for their growththe needs and resources of urban areas7067are different from those of rural areas and that different7068planning and growth management approaches, strategies, and7069techniques are required in urban areas.The state role in7070overseeing growth management should reflect this diversity and7071should vary based on local government conditions, capabilities,7072needs, and extent of development.Thus, the Legislature 7073 recognizes and finds that reduced state oversight of local 7074 comprehensive planning is justifiedfor some local governments7075in urban areas. 7076 (b) The Legislature finds and declares that this state’s 7077 local governmentsurban areasrequire a reduced level of state 7078 oversightbecause of their high degree of urbanization and the7079planning capabilities and resources of many of their local7080governments. Accordingly, theAn alternative state review7081process that is adequate to protect issues of regional or7082statewide importance should be created for appropriate local7083governments in these areas. Further, the Legislature finds that7084development, including urban infill and redevelopment, should be7085encouraged in these urban areas. The Legislature finds that an7086alternativeprocess provided by this section for amending local 7087 comprehensive plans isin these areas should beestablished with 7088 theanobjective of streamlining the process and recognizing 7089 local responsibility and accountability. 7090(c)The Legislature finds a pilot program will be7091beneficial in evaluating an alternative, expedited plan7092amendment adoption and review process. Pilot local governments7093shall represent highly developed counties and the municipalities7094within these counties and highly populated municipalities.7095 (2) APPLICABILITYALTERNATIVE STATE REVIEW PROCESS PILOT7096PROGRAM.—The process for amending a comprehensive plan described 7097 in this section is applicable statewide.Pinellas and Broward7098Counties, and the municipalities within these counties, and7099Jacksonville, Miami, Tampa, and Hialeah shall follow an7100alternative state review process provided in this section.7101Municipalities within the pilot counties may elect, by super7102majority vote of the governing body, not to participate in the7103pilot program. In addition to the pilot program jurisdictions,7104any local government may use the alternative state review7105process to designate an urban service area as defined in s.7106163.3164(29) in its comprehensive plan.7107 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS 7108UNDER THE PILOT PROGRAM.— 7109(a)Effective July 1, 2011, all plan amendments adopted by 7110 local governments are subject to thepilot program jurisdictions7111shall follow the alternate,expedited process in subsections (4) 7112 and (5), except as follows:setforth in paragraphs (b)-(e) of7113this subsection.7114 (a)(b)Amendments that qualify as small-scale development 7115 amendments may continue to be adoptedby thepilot program7116jurisdictionspursuant to s. 163.3187(1)(c) and (3). 7117 (b)(c)Plan amendments that propose a rural land 7118 stewardship areapursuant to s.163.3177(11)(d); propose an 7119 optional sector plan; update a comprehensive plan based on an 7120 evaluation and appraisal report;implement new statutory7121requirements; ornew plans for newly incorporated 7122 municipalities; or are in an area of critical state concern 7123 designated pursuant to s. 380.05 are subject to state review as 7124 set forth in s. 163.3184. 7125 (c) Any small county as that term is defined in s. 7126 120.52(19) which transmits a resolution to the state land 7127 planning agency specifying that it wants to follow the process 7128 set forth in s. 163.3184 for all comprehensive plan amendments. 7129 Such counties, at their option, may pass a subsequent resolution 7130 specifying that they plan to follow the process specified in 7131 this section. Such subsequent resolution may not be passed in 7132 the same calendar year as the one specifying that the county 7133 will follow the process set forth in s. 163.3184. 7134 (d) A municipality of special financial concern, as defined 7135 in s. 200.185(1)(b), with a per capita taxable value of assessed 7136 property of $58,000 or less which transmits a resolution to the 7137 state land planning agency specifying that it wants to follow 7138 the process set forth in s. 163.3184 for all comprehensive plan 7139 amendments. Such municipalities, at their option, may pass a 7140 subsequent resolution specifying that they plan to follow the 7141 process specified in this section. Such subsequent resolution 7142 may not be passed in the same calendar year as the one 7143 specifying that the county will follow the process set forth in 7144 s. 163.3184. 7145 (e) A municipality that has a population under 20,000 with 7146 a per capita taxable value of assessed property of $46,000 or 7147 less and that transmits a resolution to the state land planning 7148 agency specifying that it wants to follow the process set forth 7149 in s. 163.3184 for all comprehensive plan amendments. Such 7150 municipalities, at their option, may pass a subsequent 7151 resolution specifying that they plan to follow the process 7152 specified in this section. Such subsequent resolution may not be 7153 passed in the same calendar year as the one specifying that the 7154 county will follow the process set forth in s. 163.3184. 7155 (f)(d)Local governments arePilot program jurisdictions7156shall besubject to the frequency and timing requirements for 7157 plan amendmentsset forth in ss.163.3187and163.3191, except7158where otherwise stated in this section. 7159 (g)(e)The mediation and expedited hearing provisions in s. 7160 163.3189(3) apply to all plan amendments adopted pursuant to 7161 this sectionby the pilot program jurisdictions. 7162 (h) Local governments shall not combine plan amendments 7163 adopted pursuant to this section with plan amendments adopted 7164 pursuant to s. 163.3184 in the same amendment package. Each 7165 transmittal and adoption amendment package shall contain a cover 7166 letter stating whether the amendment or amendments contained 7167 within the package are adopted pursuant to this section or s. 7168 163.3184. 7169 (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENTFOR7170PILOT PROGRAM.— 7171 (a) The local government shall hold its first public 7172 hearing on a comprehensive plan amendment on a weekday at least 7173 7 days after the day the first advertisement is published 7174 pursuant to the requirements of chapter 125 or chapter 166. Upon 7175 an affirmative vote of not less than a majority of the members 7176 of the governing body present at the hearing, the local 7177 government shall immediately transmit the amendment or 7178 amendments and appropriate supporting data and analyses to the 7179 state land planning agency; the appropriate regional planning 7180 council and water management district; the Department of 7181 Environmental Protection; the Department of State; the 7182 Department of Transportation; in the case of municipal plans, to 7183 the appropriate county; the Fish and Wildlife Conservation 7184 Commission; the Department of Agriculture and Consumer Services; 7185 when required by s. 163.3175, the applicable military 7186 installation or installations; and in the case of amendments 7187 that include or impact the public school facilities element, the 7188 Department of EducationOffice of Educational Facilities of the7189Commissioner of Education. The local governing body shall also 7190 transmit a copy of the amendments and supporting data and 7191 analyses to any other local government or governmental agency 7192 that has filed a written request with the governing body. 7193 (b) The agencies and local governments specified in 7194 paragraph (a) may provide comments regarding the amendment or 7195 amendments to the local government. The regional planning 7196 council review and comment shall be limited to effects on 7197 regional resources or facilities identified in the strategic 7198 regional policy plan and extrajurisdictional impacts that would 7199 be inconsistent with the comprehensive plan of the affected 7200 local government. A regional planning council shall not review 7201 and comment on a proposed comprehensive plan amendment prepared 7202 by such council unless the plan amendment has been changed by 7203 the local government subsequent to the preparation of the plan 7204 amendment by the regional planning council. County comments on 7205 municipal comprehensive plan amendments shall beprimarilyin 7206 the context of the relationship and effect of the proposed plan 7207 amendments on the county plan. Municipal comments on county plan 7208 amendments shall beprimarilyin the context of the relationship 7209 and effect of the amendments on the municipal plan. State agency 7210 comments must be limited to issues within the agency’s 7211 jurisdiction as it relates to the requirements of this part and 7212 may include technical guidanceon issues of agency jurisdiction7213as it relates to the requirements of this part. Such comments 7214 shall clearly identify issues that, if not resolved, may result 7215 in an agency challenge to the plan amendment.For the purposes7216of this pilot program,Agencies are encouraged to focus 7217 potential challenges on issues of regional or statewide 7218 importance. Agencies and local governments must transmit their 7219 comments to the affected local government such that they are 7220 received by the local government not later than thirty days from 7221 the date on which the agency or government received the 7222 amendment or amendments. 7223 (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENTFOR PILOT7224AREAS.— 7225 (a) The local government shall hold its second public 7226 hearing, which shall be a hearing on whether to adopt one or 7227 more comprehensive plan amendments, on a weekday at least 5 days 7228 after the day the second advertisement is published pursuant to 7229 the requirements of chapter 125 or chapter 166. Adoption of 7230 comprehensive plan amendments must be by ordinance and requires 7231 an affirmative vote of a majority of the members of the 7232 governing body present at the second hearing. 7233 (b) All comprehensive plan amendments adopted by the 7234 governing body along with the supporting data and analysis shall 7235 be transmitted within 10 days of the second public hearing to 7236 the state land planning agency and any other agency or local 7237 government that provided timely comments under paragraph (4)(b). 7238 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTSFOR PILOT7239PROGRAM.— 7240 (a) Any “affected person” as defined in s. 163.3184(1)(a) 7241 may file a petition with the Division of Administrative Hearings 7242 pursuant to ss. 120.569 and 120.57, with a copy served on the 7243 affected local government, to request a formal hearing to 7244 challenge whether the amendments are “in compliance” as defined 7245 in s. 163.3184(1)(b). This petition must be filed with the 7246 Division within 30 days after the state land planning agency 7247 notifies the local government that the plan amendment package is 7248 completethe local government adopts the amendment. The state 7249 land planning agency may intervene in a proceeding instituted by 7250 an affected person if necessary to protect interests of regional 7251 or statewide importance. 7252 (b) The state land planning agency may file a petition with 7253 the Division of Administrative Hearings pursuant to ss. 120.569 7254 and 120.57, with a copy served on the affected local government, 7255 to request a formal hearing if necessary to protect interests of 7256 regional or statewide importance. This petition must be filed 7257 with the Division within 30 days after the state land planning 7258 agency notifies the local government that the plan amendment 7259 package is complete. For purposes of this section, an adopted 7260 amendment package shall be deemed complete if it contains a 7261 full, executed copy of the adoption ordinance or ordinances; in 7262 the case of a text amendment, a full copy of the amended 7263 language in legislative format with new words inserted in the 7264 text underlined, and words to be deleted lined through with 7265 hyphens; in the case of a future land use map amendment, a copy 7266 of the future land use map clearly depicting the parcel, its 7267 existing future land use designation, and its adopted 7268 designation; and a copy of any data and analyses the local 7269 government deems appropriate. The state land planning agency 7270 shall notify the local government that the package is complete 7271 or that the package containsof anydeficiencies within 5 7272 working days of receipt of an amendment package. 7273 (c) The state land planning agency’s challenge shall be 7274 limited to those issues raised in the comments provided by the 7275 reviewing agencies pursuant to paragraph (4)(b). The state land 7276 planning agency may challenge a plan amendment that has 7277 substantially changed from the version on which the agencies 7278 provided comments.For the purposes of this pilot program, the7279Legislature strongly encouragesThe state land planning agency 7280 shalltofocus any challenge on issues of regional or statewide 7281 importance. 7282 (d) An administrative law judge shall hold a hearing in the 7283 affected local jurisdiction. The local government’s 7284 determination that the amendment is “in compliance” is presumed 7285 to be correct and shall be sustained unless it is shown by a 7286 preponderance of the evidence that the amendment is not “in 7287 compliance.” 7288 (e) If the administrative law judge recommends that the 7289 amendment be found not in compliance, the judge shall submit the 7290 recommended order to the Administration Commission for final 7291 agency action. The Administration Commission shall enter a final 7292 order within 45 days after its receipt of the recommended order. 7293 (f) If the administrative law judge recommends that the 7294 amendment be found in compliance, the judge shall submit the 7295 recommended order to the state land planning agency. 7296 1. If the state land planning agency determines that the 7297 plan amendment should be found not in compliance, the agency 7298 shall refer, within 30 days of receipt of the recommended order, 7299 the recommended order and its determination to the 7300 Administration Commission for final agency action. If the 7301 commission determines that the amendment is not in compliance, 7302 it may sanction the local government as set forth in s. 7303 163.3184(11). 7304 2. If the state land planning agency determines that the 7305 plan amendment should be found in compliance, the agency shall 7306 enter its final order not later than 30 days from receipt of the 7307 recommended order. 7308 (g) An amendment adopted under the expedited provisions of 7309 this section shall not become effective until 31 days after the 7310 state land plan agency notifies the local government that the 7311 plan amendment package is completeadoption. If timely 7312 challenged, an amendment shall not become effective until the 7313 state land planning agency or the Administration Commission 7314 enters a final order determining the adopted amendment to be in 7315 compliance. 7316 (h) Parties to a proceeding under this section may enter 7317 into compliance agreements using the process in s. 163.3184(16). 7318 Any remedial amendment adopted pursuant to a settlement 7319 agreement shall be provided to the agencies and governments 7320 listed in paragraph (4)(a). 7321(7)APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL7322GOVERNMENTS.—Local governments and specific areas that have been7323designated for alternate review process pursuant to ss.163.32467324and163.3184(17) and (18) are not subject to this section.7325(8)RULEMAKING AUTHORITY FOR PILOT PROGRAM.—Agencies shall7326not promulgate rules to implement this pilot program.7327(9)REPORT.—The Office of Program Policy Analysis and7328Government Accountability shall submit to the Governor, the7329President of the Senate, and the Speaker of the House of7330Representatives by December 1, 2008, a report and7331recommendations for implementing a statewide program that7332addresses the legislative findings in subsection (1) in areas7333that meet urban criteria. The Office of Program Policy Analysis7334and Government Accountability in consultation with the state7335land planning agency shall develop the report and7336recommendations with input from other state and regional7337agencies, local governments, and interest groups. Additionally,7338the office shall review local and state actions and7339correspondence relating to the pilot program to identify issues7340of process and substance in recommending changes to the pilot7341program. At a minimum, the report and recommendations shall7342include the following:7343(a)Identification of local governments beyond those7344participating in the pilot program that should be subject to the7345alternative expedited state review process. The report may7346recommend that pilot program local governments may no longer be7347appropriate for such alternative review process.7348(b)Changes to the alternative expedited state review7349process for local comprehensive plan amendments identified in7350the pilot program.7351(c)Criteria for determining issues of regional or7352statewide importance that are to be protected in the alternative7353state review process.7354(d)In preparing the report and recommendations, the Office7355of Program Policy Analysis and Government Accountability shall7356consult with the state land planning agency, the Department of7357Transportation, the Department of Environmental Protection, and7358the regional planning agencies in identifying highly developed7359local governments to participate in the alternative expedited7360state review process. The Office of Program Policy Analysis and7361Governmental Accountability shall also solicit citizen input in7362the potentially affected areas and consult with the affected7363local governments and stakeholder groups.7364 Section 33. Paragraph (a) of subsection (2) of section 7365 163.360, Florida Statutes, is amended to read: 7366 163.360 Community redevelopment plans.— 7367 (2) The community redevelopment plan shall: 7368 (a) Conform to the comprehensive plan for the county or 7369 municipality as prepared by the local planning agency under the 7370 CommunityLocal Government ComprehensivePlanningand Land7371Development RegulationAct. 7372 Section 34. Paragraph (a) of subsection (3) and subsection 7373 (8) of section 163.516, Florida Statutes, are amended to read: 7374 163.516 Safe neighborhood improvement plans.— 7375 (3) The safe neighborhood improvement plan shall: 7376 (a) Be consistent with the adopted comprehensive plan for 7377 the county or municipality pursuant to the CommunityLocal7378Government ComprehensivePlanningand Land Development7379RegulationAct. No district plan shall be implemented unless the 7380 local governing body has determined said plan is consistent. 7381 (8) Pursuant to ss. 163.3184,163.3187,and 163.3189, the 7382 governing body of a municipality or county shall hold two public 7383 hearings to consider the board-adopted safe neighborhood 7384 improvement plan as an amendment or modification to the 7385 municipality’s or county’s adopted local comprehensive plan. 7386 Section 35. Paragraph (f) of subsection (6), subsection 7387 (9), and paragraph (c) of subsection (11) of section 171.203, 7388 Florida Statutes, are amended to read: 7389 171.203 Interlocal service boundary agreement.—The 7390 governing body of a county and one or more municipalities or 7391 independent special districts within the county may enter into 7392 an interlocal service boundary agreement under this part. The 7393 governing bodies of a county, a municipality, or an independent 7394 special district may develop a process for reaching an 7395 interlocal service boundary agreement which provides for public 7396 participation in a manner that meets or exceeds the requirements 7397 of subsection (13), or the governing bodies may use the process 7398 established in this section. 7399 (6) An interlocal service boundary agreement may address 7400 any issue concerning service delivery, fiscal responsibilities, 7401 or boundary adjustment. The agreement may include, but need not 7402 be limited to, provisions that: 7403 (f) Establish a process for land use decisions consistent 7404 with part II of chapter 163, including those made jointly by the 7405 governing bodies of the county and the municipality, or allow a 7406 municipality to adopt land use changes consistent with part II 7407 of chapter 163 for areas that are scheduled to be annexed within 7408 the term of the interlocal agreement; however, the county 7409 comprehensive plan and land development regulations shall 7410 control until the municipality annexes the property and amends 7411 its comprehensive plan accordingly.Comprehensive plan7412amendments to incorporate the process established by this7413paragraph are exempt from the twice-per-year limitation under s.7414163.3187.7415 (9) Each local government that is a party to the interlocal 7416 service boundary agreement shall amend the intergovernmental 7417 coordination element of its comprehensive plan, as described in 7418 s. 163.3177(6)(h)1., no later than 6 months following entry of 7419 the interlocal service boundary agreement consistent with s. 7420 163.3177(6)(h)1.Plan amendments required by this subsection are7421exempt from the twice-per-year limitation under s.163.3187.7422 (11) 7423(c) Any amendment required by paragraph (a) is exempt from7424the twice-per-year limitation under s.163.3187.7425 Section 36. Paragraph (c) of subsection (2) and subsection 7426 (3) of section 186.504, Florida Statutes, are amended to read: 7427 186.504 Regional planning councils; creation; membership.— 7428 (2) Membership on the regional planning council shall be as 7429 follows: 7430 (c) Representatives appointed by the Governor from the 7431 geographic area covered by the regional planning council, 7432 including an elected school board member from the geographic 7433 area covered by the regional planning council, to be nominated 7434 by the Florida School Board Association and a representative of 7435 the civic and business community which shall be selected and 7436 recommended by the Florida Chamber of Commerce, the Office of 7437 Tourism, Trade, and Economic Development, and Enterprise 7438 Florida. These representatives must include two or more of the 7439 following: a representative of the region’s business community, 7440 a representative of the commercial development community, a 7441 representative of the banking and financial community, and a 7442 representative of the agricultural community. 7443 (3) Not less than two-thirds of the representatives serving 7444 as voting members on the governing bodies of such regional 7445 planning councils shall be elected officials of local general 7446 purpose governments chosen by the cities and counties of the 7447 region, provided each county shall have at least one vote. The 7448 remaining one-third of the voting members on the governing board 7449 shall be appointed by the Governor, to include one elected7450school board member, subject to confirmation by the Senate, and7451shall reside in the region. No two appointees of the Governor 7452 shall have their places of residence in the same county until 7453 each county within the region is represented by a Governor’s 7454 appointee to the governing board. Nothing contained in this 7455 section shall deny to local governing bodies or the Governor the 7456 option of appointing either locally elected officials or lay 7457 citizens provided at least two-thirds of the governing body of 7458 the regional planning council is composed of locally elected 7459 officials. 7460 Section 37. Section 186.513, Florida Statutes, is amended 7461 to read: 7462 186.513 Reports.—Each regional planning council shall 7463 prepare and furnish an annual report on its activities to the 7464 state land planning agency as defined in s. 163.3164(20)and the 7465 local general-purpose governments within its boundaries and, 7466 upon payment as may be established by the council, to any 7467 interested person. The regional planning councils shall make a 7468 joint report and recommendations to appropriate legislative 7469 committees. 7470 Section 38. Section 186.515, Florida Statutes, is amended 7471 to read: 7472 186.515 Creation of regional planning councils under 7473 chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and 7474 186.515 is intended to repeal or limit the provisions of chapter 7475 163; however, the local general-purpose governments serving as 7476 voting members of the governing body of a regional planning 7477 council created pursuant to ss. 186.501-186.507, 186.513, and 7478 186.515 are not authorized to create a regional planning council 7479 pursuant to chapter 163 unless an agency, other than a regional 7480 planning council created pursuant to ss. 186.501-186.507, 7481 186.513, and 186.515, is designated to exercise the powers and 7482 duties in any one or more of ss. 163.3164(19)and 380.031(15); 7483 in which case, such a regional planning council is also without 7484 authority to exercise the powers and duties in s. 163.3164(19)7485 or s. 380.031(15). 7486 Section 39. Subsection (1) of section 189.415, Florida 7487 Statutes, is amended to read: 7488 189.415 Special district public facilities report.— 7489 (1) It is declared to be the policy of this state to foster 7490 coordination between special districts and local general-purpose 7491 governments as those local general-purpose governments develop 7492 comprehensive plans under the CommunityLocal Government7493ComprehensivePlanningand Land Development RegulationAct, 7494 pursuant to part II of chapter 163. 7495 Section 40. Subsection (3) of section 190.004, Florida 7496 Statutes, is amended to read: 7497 190.004 Preemption; sole authority.— 7498 (3) The establishment of an independent community 7499 development district as provided in this act is not a 7500 development order within the meaning of chapter 380. All 7501 governmental planning, environmental, and land development laws, 7502 regulations, and ordinances apply to all development of the land 7503 within a community development district. Community development 7504 districts do not have the power of a local government to adopt a 7505 comprehensive plan, building code, or land development code, as 7506 those terms are defined in the CommunityLocal Government7507ComprehensivePlanningand Land Development RegulationAct. A 7508 district shall take no action which is inconsistent with 7509 applicable comprehensive plans, ordinances, or regulations of 7510 the applicable local general-purpose government. 7511 Section 41. Paragraph (a) of subsection (1) of section 7512 190.005, Florida Statutes, is amended to read: 7513 190.005 Establishment of district.— 7514 (1) The exclusive and uniform method for the establishment 7515 of a community development district with a size of 1,000 acres 7516 or more shall be pursuant to a rule, adopted under chapter 120 7517 by the Florida Land and Water Adjudicatory Commission, granting 7518 a petition for the establishment of a community development 7519 district. 7520 (a) A petition for the establishment of a community 7521 development district shall be filed by the petitioner with the 7522 Florida Land and Water Adjudicatory Commission. The petition 7523 shall contain: 7524 1. A metes and bounds description of the external 7525 boundaries of the district. Any real property within the 7526 external boundaries of the district which is to be excluded from 7527 the district shall be specifically described, and the last known 7528 address of all owners of such real property shall be listed. The 7529 petition shall also address the impact of the proposed district 7530 on any real property within the external boundaries of the 7531 district which is to be excluded from the district. 7532 2. The written consent to the establishment of the district 7533 by all landowners whose real property is to be included in the 7534 district or documentation demonstrating that the petitioner has 7535 control by deed, trust agreement, contract, or option of 100 7536 percent of the real property to be included in the district, and 7537 when real property to be included in the district is owned by a 7538 governmental entity and subject to a ground lease as described 7539 in s. 190.003(14), the written consent by such governmental 7540 entity. 7541 3. A designation of five persons to be the initial members 7542 of the board of supervisors, who shall serve in that office 7543 until replaced by elected members as provided in s. 190.006. 7544 4. The proposed name of the district. 7545 5. A map of the proposed district showing current major 7546 trunk water mains and sewer interceptors and outfalls if in 7547 existence. 7548 6. Based upon available data, the proposed timetable for 7549 construction of the district services and the estimated cost of 7550 constructing the proposed services. These estimates shall be 7551 submitted in good faith but shall not be binding and may be 7552 subject to change. 7553 7. A designation of the future general distribution, 7554 location, and extent of public and private uses of land proposed 7555 for the area within the district by the future land use plan 7556 element of the effective local government comprehensive plan of 7557 which all mandatory elements have been adopted by the applicable 7558 general-purpose local government in compliance with the 7559 CommunityLocal Government ComprehensivePlanningand Land7560Development RegulationAct. 7561 8. A statement of estimated regulatory costs in accordance 7562 with the requirements of s. 120.541. 7563 Section 42. Paragraph (i) of subsection (6) of section 7564 193.501, Florida Statutes, is amended to read: 7565 193.501 Assessment of lands subject to a conservation 7566 easement, environmentally endangered lands, or lands used for 7567 outdoor recreational or park purposes when land development 7568 rights have been conveyed or conservation restrictions have been 7569 covenanted.— 7570 (6) The following terms whenever used as referred to in 7571 this section have the following meanings unless a different 7572 meaning is clearly indicated by the context: 7573 (i) “Qualified as environmentally endangered” means land 7574 that has unique ecological characteristics, rare or limited 7575 combinations of geological formations, or features of a rare or 7576 limited nature constituting habitat suitable for fish, plants, 7577 or wildlife, and which, if subject to a development moratorium 7578 or one or more conservation easements or development 7579 restrictions appropriate to retaining such land or water areas 7580 predominantly in their natural state, would be consistent with 7581 the conservation, recreation and open space, and, if applicable, 7582 coastal protection elements of the comprehensive plan adopted by 7583 formal action of the local governing body pursuant to s. 7584 163.3161, the CommunityLocal Government ComprehensivePlanning 7585and Land Development RegulationAct; or surface waters and 7586 wetlands, as determined by the methodology ratified in s. 7587 373.4211. 7588 Section 43. Subsection (15) of section 287.042, Florida 7589 Statutes, is amended to read: 7590 287.042 Powers, duties, and functions.—The department shall 7591 have the following powers, duties, and functions: 7592 (15) To enter into joint agreements with governmental 7593 agencies, as defined in s. 163.3164(10), for the purpose of 7594 pooling funds for the purchase of commodities or information 7595 technology that can be used by multiple agencies. 7596 (a) Each agency that has been appropriated or has existing 7597 funds for such purchase, shall, upon contract award by the 7598 department, transfer their portion of the funds into the 7599 department’s Operating Trust Fund for payment by the department. 7600 The funds shall be transferred by the Executive Office of the 7601 Governor pursuant to the agency budget amendment request 7602 provisions in chapter 216. 7603 (b) Agencies that sign the joint agreements are financially 7604 obligated for their portion of the agreed-upon funds. If an 7605 agency becomes more than 90 days delinquent in paying the funds, 7606 the department shall certify to the Chief Financial Officer the 7607 amount due, and the Chief Financial Officer shall transfer the 7608 amount due to the Operating Trust Fund of the department from 7609 any of the agency’s available funds. The Chief Financial Officer 7610 shall report these transfers and the reasons for the transfers 7611 to the Executive Office of the Governor and the legislative 7612 appropriations committees. 7613 Section 44. Subsection (4) of section 288.063, Florida 7614 Statutes, is amended to read: 7615 288.063 Contracts for transportation projects.— 7616 (4) The Office of Tourism, Trade, and Economic Development 7617 may adopt criteria by which transportation projects are to be 7618 reviewed and certified in accordance with s. 288.061. In 7619 approving transportation projects for funding, the Office of 7620 Tourism, Trade, and Economic Development shall consider factors 7621 including, but not limited to, the cost per job created or 7622 retained considering the amount of transportation funds 7623 requested; the average hourly rate of wages for jobs created; 7624 the reliance on the program as an inducement for the project’s 7625 location decision; the amount of capital investment to be made 7626 by the business; the demonstrated local commitment; the location 7627 of the project in an enterprise zone designated pursuant to s. 7628 290.0055; the location of the project in a spaceport territory 7629 as defined in s. 331.304; the unemployment rate of the 7630 surrounding area; and the poverty rate of the community; and the7631adoption of an economic element as part of its local7632comprehensive plan in accordance with s.163.3177(7)(j). The 7633 Office of Tourism, Trade, and Economic Development may contact 7634 any agency it deems appropriate for additional input regarding 7635 the approval of projects. 7636 Section 45. Paragraph (a) of subsection (2), subsection 7637 (10), and paragraph (d) of subsection (12) of section 288.975, 7638 Florida Statutes, are amended to read: 7639 288.975 Military base reuse plans.— 7640 (2) As used in this section, the term: 7641 (a) “Affected local government” means a local government 7642 adjoining the host local government and any other unit of local 7643 government that is not a host local government but that is 7644 identified in a proposed military base reuse plan as providing, 7645 operating, or maintaining one or more public facilities as 7646 defined in s. 163.3164(24)on lands within or serving a military 7647 base designated for closure by the Federal Government. 7648 (10) Within 60 days after receipt of a proposed military 7649 base reuse plan, these entities shall review and provide 7650 comments to the host local government. The commencement of this 7651 review period shall be advertised in newspapers of general 7652 circulation within the host local government and any affected 7653 local government to allow for public comment. No later than 180 7654 days after receipt and consideration of all comments, and the 7655 holding of at least two public hearings, the host local 7656 government shall adopt the military base reuse plan. The host 7657 local government shall comply with the notice requirements set 7658 forth in s. 163.3184(15) to ensure full public participation in 7659 this planning process. 7660 (12) Following receipt of a petition, the petitioning party 7661 or parties and the host local government shall seek resolution 7662 of the issues in dispute. The issues in dispute shall be 7663 resolved as follows: 7664 (d) Within 45 days after receiving the report from the 7665 state land planning agency, the Administration Commission shall 7666 take action to resolve the issues in dispute. In deciding upon a 7667 proper resolution, the Administration Commission shall consider 7668 the nature of the issues in dispute, any requests for a formal 7669 administrative hearing pursuant to chapter 120, the compliance 7670 of the parties with this section, the extent of the conflict 7671 between the parties, the comparative hardships and the public 7672 interest involved. If the Administration Commission incorporates 7673 in its final order a term or condition that requires any local 7674 government to amend its local government comprehensive plan, the 7675 local government shall amend its plan within 60 days after the 7676 issuance of the order. Such amendment or amendments shall be 7677 exempt from the limitation of the frequency of plan amendments 7678 contained in s. 163.3187(1), and a public hearing on such 7679 amendment or amendments pursuant to s. 163.3184(15)(b)1.(14(b)1. 7680 shall not be required. The final order of the Administration 7681 Commission is subject to appeal pursuant to s. 120.68. If the 7682 order of the Administration Commission is appealed, the time for 7683 the local government to amend its plan shall be tolled during 7684 the pendency of any local, state, or federal administrative or 7685 judicial proceeding relating to the military base reuse plan. 7686 Section 46. Subsection (4) of section 290.0475, Florida 7687 Statutes, is amended to read: 7688 290.0475 Rejection of grant applications; penalties for 7689 failure to meet application conditions.—Applications received 7690 for funding under all program categories shall be rejected 7691 without scoring only in the event that any of the following 7692 circumstances arise: 7693 (4) The application is not consistent with the local 7694 government’s comprehensive plan adopted pursuant to s. 7695 163.3184(7). 7696 Section 47. Paragraph (c) of subsection (3) of section 7697 311.07, Florida Statutes, is amended to read: 7698 311.07 Florida seaport transportation and economic 7699 development funding.— 7700 (3) 7701 (c) To be eligible for consideration by the council 7702 pursuant to this section, a project must be consistent with the 7703 port comprehensive master plan which is incorporated as part of 7704 the approved local government comprehensive plan as required by 7705 s. 163.3178(2)(k) or other provisions of the CommunityLocal7706Government ComprehensivePlanningand Land Development7707RegulationAct, part II of chapter 163. 7708 Section 48. Subsection (1) of section 331.319, Florida 7709 Statutes, is amended to read: 7710 331.319 Comprehensive planning; building and safety codes. 7711 The board of directors may: 7712 (1) Adopt, and from time to time review, amend, supplement, 7713 or repeal, a comprehensive general plan for the physical 7714 development of the area within the spaceport territory in 7715 accordance with the objectives and purposes of this act and 7716 consistent with the comprehensive plans of the applicable county 7717 or counties and municipality or municipalities adopted pursuant 7718 to the CommunityLocal Government ComprehensivePlanningand7719Land Development RegulationAct, part II of chapter 163. 7720 Section 49. Paragraph (e) of subsection (5) of section 7721 339.155, Florida Statutes, is amended to read: 7722 339.155 Transportation planning.— 7723 (5) ADDITIONAL TRANSPORTATION PLANS.— 7724 (e) The regional transportation plan developed pursuant to 7725 this section must, at a minimum, identify regionally significant 7726 transportation facilities located within a regional 7727 transportation area and contain a prioritized list of regionally 7728 significant projects.The level-of-service standards for7729facilities to be funded under this subsection shall be adopted7730by the appropriate local government in accordance with s.7731163.3180(10).The projects shall be adopted into the capital 7732 improvements schedule of the local government comprehensive plan 7733 pursuant to s. 163.3177(3). 7734 Section 50. Paragraph (a) of subsection (4) of section 7735 339.2819, Florida Statutes, is amended to read: 7736 339.2819 Transportation Regional Incentive Program.— 7737 (4)(a) Projects to be funded with Transportation Regional 7738 Incentive Program funds shall, at a minimum: 7739 1. Support those transportation facilities that serve 7740 national, statewide, or regional functions and function as an 7741 integrated regional transportation system. 7742 2. Be identified in the capital improvements element of a 7743 comprehensive plan that has been determined to be in compliance 7744 with part II of chapter 163, after July 1, 2005, or to implement7745a long-term concurrency management system adopted by a local7746government in accordance with s.163.3180(9). Further, the 7747 project shall be in compliance with local government 7748 comprehensive plan policies relative to corridor management. 7749 3. Be consistent with the Strategic Intermodal System Plan 7750 developed under s. 339.64. 7751 4. Have a commitment for local, regional, or private 7752 financial matching funds as a percentage of the overall project 7753 cost. 7754 Section 51. Present subsections (9), (10), (11), (12), and 7755 (13) of section 367.021, Florida Statutes, are renumbered as 7756 subsections (11), (12), (13), (14), and (15), respectively, and 7757 new subsections (9) and (10) are added to that section, to read: 7758 367.021 Definitions.—As used in this chapter, the following 7759 words or terms shall have the meanings indicated: 7760 (9) “Large landowner” means any applicant for a certificate 7761 pursuant to s. 367.045 who owns or controls at least 1,000 acres 7762 in a single county or adjacent counties which are proposed to be 7763 certified. 7764 (10) “Need” means, for the purposes of an application under 7765 s. 367.045, by a large landowner, a showing that the certificate 7766 is sought for planning purposes to allow the landowner to be 7767 prepared to provide service to its properties as and when needed 7768 to meet demands for any residential, commercial, or industrial 7769 service, or for such other lawful purposes as may arise within 7770 the territory to be certified. A large landowner is not required 7771 to demonstrate that the need for service is either immediate or 7772 imminent, or that such service will be required within a 7773 specific timeframe. 7774 Section 52. Subsection (5) of section 369.303, Florida 7775 Statutes, is amended to read: 7776 369.303 Definitions.—As used in this part: 7777 (5) “Land development regulation” means a regulation 7778 covered by the definition in s. 163.3164(23)and any of the 7779 types of regulations described in s. 163.3202. 7780 Section 53. Subsection (7) of section 369.321, Florida 7781 Statutes, is amended to read: 7782 369.321 Comprehensive plan amendments.—Except as otherwise 7783 expressly provided, by January 1, 2006, each local government 7784 within the Wekiva Study Area shall amend its local government 7785 comprehensive plan to include the following: 7786 (7) During the period prior to the adoption of the 7787 comprehensive plan amendments required by this act, any local 7788 comprehensive plan amendment adopted by a city or county that 7789 applies to land located within the Wekiva Study Area shall 7790 protect surface and groundwater resources and be reviewed by the 7791 Department of Community Affairs, pursuant to chapter 163 and7792chapter 9J-5, Florida Administrative Code,using best available 7793 data, including the information presented to the Wekiva River 7794 Basin Coordinating Committee. 7795 Section 54. Subsection (1) of section 378.021, Florida 7796 Statutes, is amended to read: 7797 378.021 Master reclamation plan.— 7798 (1) The Department of Environmental Protection shall amend 7799 the master reclamation plan that provides guidelines for the 7800 reclamation of lands mined or disturbed by the severance of 7801 phosphate rock prior to July 1, 1975, which lands are not 7802 subject to mandatory reclamation under part II of chapter 211. 7803 In amending the master reclamation plan, the Department of 7804 Environmental Protection shall continue to conduct an onsite 7805 evaluation of all lands mined or disturbed by the severance of 7806 phosphate rock prior to July 1, 1975, which lands are not 7807 subject to mandatory reclamation under part II of chapter 211. 7808 The master reclamation plan when amended by the Department of 7809 Environmental Protection shall be consistent with local 7810 government plans prepared pursuant to the CommunityLocal7811Government ComprehensivePlanningand Land Development7812RegulationAct. 7813 Section 55. Subsection (10) of section 380.031, Florida 7814 Statutes, is amended to read: 7815 380.031 Definitions.—As used in this chapter: 7816 (10) “Local comprehensive plan” means any or all local 7817 comprehensive plans or elements or portions thereof prepared, 7818 adopted, or amended pursuant to the CommunityLocal Government7819ComprehensivePlanningand Land Development RegulationAct, as 7820 amended. 7821 Section 56. Paragraph (b) of subsection (6), paragraphs 7822 (l), (m), and (s) of subsection (24), paragraph (e) of 7823 subsection (28), and paragraphs (a) and (e) of subsection (29) 7824 of section 380.06, Florida Statutes, are amended, and paragraph 7825 (u) is added to subsection (24) of that section, to read: 7826 380.06 Developments of regional impact.— 7827 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT 7828 PLAN AMENDMENTS.— 7829 (b) Any local government comprehensive plan amendments 7830 related to a proposed development of regional impact, including 7831 any changes proposed under subsection (19), may be initiated by 7832 a local planning agency or the developer and must be considered 7833 by the local governing body at the same time as the application 7834 for development approval using the procedures provided for local 7835 plan amendment in s. 163.3187 or s. 163.3189 and applicable 7836 local ordinances, without regard to statutory or local ordinance 7837 limits on the frequency of consideration of amendments to the 7838 local comprehensive plan. Nothing in this paragraph shall be 7839 deemed to require favorable consideration of a plan amendment 7840 solely because it is related to a development of regional 7841 impact. The procedure for processing such comprehensive plan 7842 amendments is as follows: 7843 1. If a developer seeks a comprehensive plan amendment 7844 related to a development of regional impact, the developer must 7845 so notify in writing the regional planning agency, the 7846 applicable local government, and the state land planning agency 7847 no later than the date of preapplication conference or the 7848 submission of the proposed change under subsection (19). 7849 2. When filing the application for development approval or 7850 the proposed change, the developer must include a written 7851 request for comprehensive plan amendments that would be 7852 necessitated by the development-of-regional-impact approvals 7853 sought. That request must include data and analysis upon which 7854 the applicable local government can determine whether to 7855 transmit the comprehensive plan amendment pursuant to s. 7856 163.3184. 7857 3. The local government must advertise a public hearing on 7858 the transmittal within 30 days after filing the application for 7859 development approval or the proposed change and must make a 7860 determination on the transmittal within 60 days after the 7861 initial filing unless that time is extended by the developer. 7862 4. If the local government approves the transmittal, 7863 procedures set forth in s. 163.3184(3)-(6)must be followed. 7864 5. Notwithstanding subsection (11) or subsection (19), the 7865 local government may not hold a public hearing on the 7866 application for development approval or the proposed change or 7867 on the comprehensive plan amendments sooner than 30 days from 7868 receipt of the response from the state land planning agency 7869 pursuant to s. 163.3184(6). The 60-day time period for local 7870 governments to adopt, adopt with changes, or not adopt plan 7871 amendments pursuant to s. 163.3184(7) shall not apply to 7872 concurrent plan amendments provided for in this subsection. 7873 6. The local government must hear both the application for 7874 development approval or the proposed change and the 7875 comprehensive plan amendments at the same hearing. However, the 7876 local government must take action separately on the application 7877 for development approval or the proposed change and on the 7878 comprehensive plan amendments. 7879 7. Thereafter, the appeal process for the local government 7880 development order must follow the provisions of s. 380.07, and 7881 the compliance process for the comprehensive plan amendments 7882 must follow the provisions of s. 163.3184. 7883 (24) STATUTORY EXEMPTIONS.— 7884 (l) Any proposed development within an urban service 7885 boundary established under s. 163.3177(14), which is not 7886 otherwise exempt pursuant to subsection (29), is exempt from the 7887 provisions of this section if the local government having 7888 jurisdiction over the area where the development is proposed has 7889 adopted the urban service boundary, has entered into a binding 7890 agreement with jurisdictions that would be impacted and with the 7891 Department of Transportation regarding the mitigation of impacts 7892 on state and regional transportation facilities, and has adopted7893a proportionate share methodology pursuant to s.163.3180(16). 7894 (m) Any proposed development within a rural land 7895 stewardship area created under s. 163.3248163.3177(11)(d) is7896exempt from the provisions of this section if the local7897government that has adopted the rural land stewardship area has7898entered into a binding agreement with jurisdictions that would7899be impacted and the Department of Transportation regarding the7900mitigation of impacts on state and regional transportation7901facilities, and has adopted a proportionate share methodology7902pursuant to s.163.3180(16). 7903 (s) Any development in a detailed specific area plan which 7904 is prepared and adopted pursuant to s. 163.3245and adopted into7905the comprehensive planis exempt from this section. 7906 (u) Any transit-oriented development as defined in s. 7907 163.3164 incorporated into the county or municipality 7908 comprehensive plan that has adopted land use and transportation 7909 strategies to support and fund the local government concurrency 7910 or mobility plan identified in the comprehensive plan, including 7911 alternative modes of transportation, is exempt from review for 7912 transportation impacts conducted pursuant to this section. This 7913 paragraph does not apply to areas: 7914 1. Within the boundary of any area of critical state 7915 concern designated pursuant to s. 380.05; 7916 2. Within the boundary of the Wekiva Study Area as 7917 described in s. 369.316; or 7918 3. Within 2 miles of the boundary of the Everglades 7919 Protection Area as defined in s. 373.4592(2). 7920 7921 If a use is exempt from review as a development of regional 7922 impact under paragraphs (a)-(s), but will be part of a larger 7923 project that is subject to review as a development of regional 7924 impact, the impact of the exempt use must be included in the 7925 review of the larger project, unless such exempt use involves a 7926 development of regional impact that includes a landowner, 7927 tenant, or user that has entered into a funding agreement with 7928 the Office of Tourism, Trade, and Economic Development under the 7929 Innovation Incentive Program and the agreement contemplates a 7930 state award of at least $50 million. 7931 (28) PARTIAL STATUTORY EXEMPTIONS.— 7932 (e) The vesting provision of s. 163.3167(5)(8)relating to 7933 an authorized development of regional impact shall not apply to 7934 those projects partially exempt from the development-of 7935 regional-impact review process under paragraphs (a)-(d). 7936 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.— 7937 (a) The following are exempt from this section: 7938 1. Any proposed development in a municipality that has an 7939 average of at least 1,000 people per square mile of land area 7940 and a minimum total population of at least 5,000qualifies as a7941dense urban land area as defined in s.163.3164; 7942 2. Any proposed development within a county, including the 7943 municipalities located therein, which has an average of at least 7944 1,000 people per square mile of land areathatqualifies as a7945dense urban land area as defined in s.163.3164andthatis 7946 located within an urban service area as defined in s. 163.3164 7947 which has been adopted into the comprehensive plan; or 7948 3. Any proposed development within a county, including the 7949 municipalities located therein, which has a population of at 7950 least 900,000, which has an average of at least 1,000 people per 7951 square mile of land areawhich qualifies as a dense urban land7952area under s.163.3164, but which does not have an urban service 7953 area designated in the comprehensive plan. 7954 7955 The Office of Economic and Demographic Research within the 7956 Legislature shall annually calculate the population and density 7957 criteria needed to determine which jurisdictions meet the 7958 density criteria in subparagraphs 1.-3. by using the most recent 7959 land area data from the decennial census conducted by the Bureau 7960 of the Census of the United States Department of Commerce and 7961 the latest available population estimates determined pursuant to 7962 s. 186.901. If any local government has had an annexation, 7963 contraction, or new incorporation, the Office of Economic and 7964 Demographic Research shall determine the population density 7965 using the new jurisdictional boundaries as recorded in 7966 accordance with s. 171.091. The Office of Economic and 7967 Demographic Research shall annually submit to the state land 7968 planning agency by July 1 a list of jurisdictions that meet the 7969 total population and density criteria. The state land planning 7970 agency shall publish the list of jurisdictions on its Internet 7971 website within 7 days after the list is received. The 7972 designation of jurisdictions that meet the density criteria of 7973 subparagraphs 1.-3. is effective upon publication on the state 7974 land planning agency’s Internet website. Any area that meets the 7975 density criteria may not thereafter be removed from the list of 7976 areas that qualify. 7977 (e) In an area that is exempt under paragraphs (a)-(c), any 7978 previously approved development-of-regional-impact development 7979 orders shall continue to be effective, but the developer has the 7980 option to be governed by s. 380.115(1). A pending application 7981 for development approval shall be governed by s. 380.115(2).A7982development that has a pending application for a comprehensive7983plan amendment and that elects not to continue development-of7984regional-impact review is exempt from the limitation on plan7985amendments set forth in s.163.3187(1) for the year following7986the effective date of the exemption.7987 Section 57. Paragraph (a) of subsection (8) of section 7988 380.061, Florida Statutes, is amended to read: 7989 380.061 The Florida Quality Developments program.— 7990 (8)(a) Any local government comprehensive plan amendments 7991 related to a Florida Quality Development may be initiated by a 7992 local planning agency and considered by the local governing body 7993 at the same time as the application for development approval,7994using the procedures provided for local plan amendment in s.7995163.3187or s.163.3189and applicable local ordinances, without7996regard to statutory or local ordinance limits on the frequency7997of consideration of amendments to the local comprehensive plan. 7998 Nothing in this subsection shall be construed to require 7999 favorable consideration of a Florida Quality Development solely 8000 because it is related to a development of regional impact. 8001 Section 58. Paragraph (a) of subsection (2) of section 8002 380.065, Florida Statutes, is amended to read: 8003 380.065 Certification of local government review of 8004 development.— 8005 (2) When a petition is filed, the state land planning 8006 agency shall have no more than 90 days to prepare and submit to 8007 the Administration Commission a report and recommendations on 8008 the proposed certification. In deciding whether to grant 8009 certification, the Administration Commission shall determine 8010 whether the following criteria are being met: 8011 (a) The petitioning local government has adopted and 8012 effectively implemented a local comprehensive plan and 8013 development regulations which comply with ss. 163.3161-163.3215, 8014 the CommunityLocal Government ComprehensivePlanningand Land8015Development RegulationAct. 8016 Section 59. Section 380.0685, Florida Statutes, is amended 8017 to read: 8018 380.0685 State park in area of critical state concern in 8019 county which creates land authority; surcharge on admission and 8020 overnight occupancy.—The Department of Environmental Protection 8021 shall impose and collect a surcharge of 50 cents per person per 8022 day, or $5 per annual family auto entrance permit, on admission 8023 to all state parks in areas of critical state concern located in 8024 a county which creates a land authority pursuant to s. 8025 380.0663(1), and a surcharge of $2.50 per night per campsite, 8026 cabin, or other overnight recreational occupancy unit in state 8027 parks in areas of critical state concern located in a county 8028 which creates a land authority pursuant to s. 380.0663(1); 8029 however, no surcharge shall be imposed or collected under this 8030 section for overnight use by nonprofit groups of organized group 8031 camps, primitive camping areas, or other facilities intended 8032 primarily for organized group use. Such surcharges shall be 8033 imposed within 90 days after any county creating a land 8034 authority notifies the Department of Environmental Protection 8035 that the land authority has been created. The proceeds from such 8036 surcharges, less a collection fee that shall be kept by the 8037 Department of Environmental Protection for the actual cost of 8038 collection, not to exceed 2 percent, shall be transmitted to the 8039 land authority of the county from which the revenue was 8040 generated. Such funds shall be used to purchase property in the 8041 area or areas of critical state concern in the county from which 8042 the revenue was generated. An amount not to exceed 10 percent 8043 may be used for administration and other costs incident to such 8044 purchases. However, the proceeds of the surcharges imposed and 8045 collected pursuant to this section in a state park or parks 8046 located wholly within a municipality, less the costs of 8047 collection as provided herein, shall be transmitted to that 8048 municipality for use by the municipality for land acquisition or 8049 for beach renourishment or restoration, including, but not 8050 limited to, costs associated with any design, permitting, 8051 monitoring and mitigation of such work, as well as the work 8052 itself. The surcharges levied under this section shall remain 8053 imposed as long as the land authority is in existence. 8054 Section 60. Subsection (3) of section 380.115, Florida 8055 Statutes, is amended to read: 8056 380.115 Vested rights and duties; effect of size reduction, 8057 changes in guidelines and standards.— 8058 (3) A landowner that has filed an application for a 8059 development-of-regional-impact review prior to the adoption of a 8060an optionalsector plan pursuant to s. 163.3245 may elect to 8061 have the application reviewed pursuant to s. 380.06, 8062 comprehensive plan provisions in force prior to adoption of the 8063 sector plan, and any requested comprehensive plan amendments 8064 that accompany the application. 8065 Section 61. Subsection (1) of section 403.50665, Florida 8066 Statutes, is amended to read: 8067 403.50665 Land use consistency.— 8068 (1) The applicant shall include in the application a 8069 statement on the consistency of the site and any associated 8070 facilities that constitute a “development,” as defined in s. 8071 380.04, with existing land use plans and zoning ordinances that 8072 were in effect on the date the application was filed and a full 8073 description of such consistency. This information shall include 8074 an identification of those associated facilities that the 8075 applicant believes are exempt from the requirements of land use 8076 plans and zoning ordinances under the provisions of the 8077 CommunityLocal Government ComprehensivePlanningand Land8078Development RegulationAct provisions of chapter 163 and s. 8079 380.04(3). 8080 Section 62. Subsection (16) of section 420.9071, Florida 8081 Statutes, is amended to read: 8082 420.9071 Definitions.—As used in ss. 420.907-420.9079, the 8083 term: 8084 (16) “Local housing incentive strategies” means local 8085 regulatory reform or incentive programs to encourage or 8086 facilitate affordable housing production, which include at a 8087 minimum, assurance that permits as defined in s. 163.3164(7) and8088(8)for affordable housing projects are expedited to a greater 8089 degree than other projects; an ongoing process for review of 8090 local policies, ordinances, regulations, and plan provisions 8091 that increase the cost of housing prior to their adoption; and a 8092 schedule for implementing the incentive strategies. Local 8093 housing incentive strategies may also include other regulatory 8094 reforms, such as those enumerated in s. 420.9076 or those 8095 recommended by the affordable housing advisory committee in its 8096 triennial evaluation of the implementation of affordable housing 8097 incentives, and adopted by the local governing body. 8098 Section 63. Subsection (13) and paragraph (a) of subsection 8099 (14) of section 403.973, Florida Statutes, are amended to read: 8100 403.973 Expedited permitting; amendments to comprehensive 8101 plans.— 8102 (13) Notwithstanding any other provisions of law: 8103(a) Local comprehensive plan amendments for projects8104qualified under this section are exempt from the twice-a-year8105limits provision in s.163.3187; and8106(b)Projects qualified under this section are not subject 8107 to interstate highway level-of-service standards adopted by the 8108 Department of Transportation for concurrency purposes. The 8109 memorandum of agreement specified in subsection (5) must include 8110 a process by which the applicant will be assessed a fair share 8111 of the cost of mitigating the project’s significant traffic 8112 impacts, as defined in chapter 380 and related rules. The 8113 agreement must also specify whether the significant traffic 8114 impacts on the interstate system will be mitigated through the 8115 implementation of a project or payment of funds to the 8116 Department of Transportation. Where funds are paid, the 8117 Department of Transportation must include in the 5-year work 8118 program transportation projects or project phases, in an amount 8119 equal to the funds received, to mitigate the traffic impacts 8120 associated with the proposed project. 8121 (14)(a) Challenges to state agency action in the expedited 8122 permitting process for projects processed under this section are 8123 subject to the summary hearing provisions of s. 120.574, except 8124 that the administrative law judge’s decision, as provided in s. 8125 120.574(2)(f), shall be in the form of a recommended order and 8126 shall not constitute the final action of the state agency. In 8127 those proceedings where the action of only one agency of the 8128 state other than the Department of Environmental Protection is 8129 challenged, the agency of the state shall issue the final order 8130 within 45 working days after receipt of the administrative law 8131 judge’s recommended order, and the recommended order shall 8132 inform the parties of their right to file exceptions or 8133 responses to the recommended order in accordance with the 8134 uniform rules of procedure pursuant to s. 120.54. In those 8135 proceedings where the actions of more than one agency of the 8136 state are challenged, the Governor shall issue the final order 8137 within 45 working days after receipt of the administrative law 8138 judge’s recommended order, and the recommended order shall 8139 inform the parties of their right to file exceptions or 8140 responses to the recommended order in accordance with the 8141 uniform rules of procedure pursuant to s. 120.54. This paragraph 8142 does not apply to the issuance of department licenses required 8143 under any federally delegated or approved permit program. In 8144 such instances, the department shall enter the final order. The 8145 participating agencies of the state may opt at the preliminary 8146 hearing conference to allow the administrative law judge’s 8147 decision to constitute the final agency action.If a8148participating local government agrees to participate in the8149summary hearing provisions of s.120.574for purposes of review8150of local government comprehensive plan amendments, s.8151163.3184(9) and (10) apply.8152 Section 64. Subsections (9) and (10) of section 420.5095, 8153 Florida Statutes, are amended to read: 8154 420.5095 Community Workforce Housing Innovation Pilot 8155 Program.— 8156 (9) Notwithstanding s. 163.3184(3)-(6), any local 8157 government comprehensive plan amendment to implement a Community 8158 Workforce Housing Innovation Pilot Program project found 8159 consistent with the provisions of this section shall be 8160 expedited as provided in this subsection. At least 30 days prior 8161 to adopting a plan amendment under this subsection, the local 8162 government shall notify the state land planning agency of its 8163 intent to adopt such an amendment, and the notice shall include 8164 its evaluation related to site suitability and availability of 8165 facilities and services. The public notice of the hearing 8166 required by s. 163.3184(11)(15)(b)2. shall include a statement 8167 that the local government intends to use the expedited adoption 8168 process authorized by this subsection. Such amendments shall 8169 require only a single public hearing before the governing board, 8170 which shall be an adoption hearing as described in s. 8171 163.3184(6)(7). The state land planning agency shall issue its 8172 notice of intent pursuant to s. 163.3184(8) within 30 days after 8173 determining that the amendment package is complete. Any further 8174 proceedings shall be governed by s.ss.163.3184(9)-(16). 8175Amendments proposed under this section are not subject to s.8176163.3187(1), which limits the adoption of a comprehensive plan8177amendment to no more than two times during any calendar year.8178 (10) The processing of approvals of development orders or 8179 development permits, as defined in s. 163.3164(7) and (8), for 8180 innovative community workforce housing projects shall be 8181 expedited. 8182 Section 65. Subsection (5) of section 420.615, Florida 8183 Statutes, is amended to read: 8184 420.615 Affordable housing land donation density bonus 8185 incentives.— 8186 (5) The local government, as part of the approval process, 8187 shall adopt a comprehensive plan amendment, pursuant to part II 8188 of chapter 163, for the receiving land that incorporates the 8189 density bonus. Such amendment shall be adopted in the manner as 8190 required for small-scale amendments pursuant to s. 163.3187, is 8191 not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),8192and is exempt from the limitation on the frequency of plan8193amendments as provided in s.163.3187. 8194 Section 66. Subsection (16) of section 420.9071, Florida 8195 Statutes, is amended to read: 8196 420.9071 Definitions.—As used in ss. 420.907-420.9079, the 8197 term: 8198 (16) “Local housing incentive strategies” means local 8199 regulatory reform or incentive programs to encourage or 8200 facilitate affordable housing production, which include at a 8201 minimum, assurance that permits as defined in s. 163.3164(7) and8202(8)for affordable housing projects are expedited to a greater 8203 degree than other projects; an ongoing process for review of 8204 local policies, ordinances, regulations, and plan provisions 8205 that increase the cost of housing prior to their adoption; and a 8206 schedule for implementing the incentive strategies. Local 8207 housing incentive strategies may also include other regulatory 8208 reforms, such as those enumerated in s. 420.9076 or those 8209 recommended by the affordable housing advisory committee in its 8210 triennial evaluation of the implementation of affordable housing 8211 incentives, and adopted by the local governing body. 8212 Section 67. Paragraph (a) of subsection (4) of section 8213 420.9076, Florida Statutes, is amended to read: 8214 420.9076 Adoption of affordable housing incentive 8215 strategies; committees.— 8216 (4) Triennially, the advisory committee shall review the 8217 established policies and procedures, ordinances, land 8218 development regulations, and adopted local government 8219 comprehensive plan of the appointing local government and shall 8220 recommend specific actions or initiatives to encourage or 8221 facilitate affordable housing while protecting the ability of 8222 the property to appreciate in value. The recommendations may 8223 include the modification or repeal of existing policies, 8224 procedures, ordinances, regulations, or plan provisions; the 8225 creation of exceptions applicable to affordable housing; or the 8226 adoption of new policies, procedures, regulations, ordinances, 8227 or plan provisions, including recommendations to amend the local 8228 government comprehensive plan and corresponding regulations, 8229 ordinances, and other policies. At a minimum, each advisory 8230 committee shall submit a report to the local governing body that 8231 includes recommendations on, and triennially thereafter 8232 evaluates the implementation of, affordable housing incentives 8233 in the following areas: 8234 (a) The processing of approvals of development orders or 8235 permits, as defined in s. 163.3164(7) and (8), for affordable 8236 housing projects is expedited to a greater degree than other 8237 projects. 8238 8239 The advisory committee recommendations may also include other 8240 affordable housing incentives identified by the advisory 8241 committee. Local governments that receive the minimum allocation 8242 under the State Housing Initiatives Partnership Program shall 8243 perform the initial review but may elect to not perform the 8244 triennial review. 8245 Section 68. Subsection (1) of section 720.403, Florida 8246 Statutes, is amended to read: 8247 720.403 Preservation of residential communities; revival of 8248 declaration of covenants.— 8249 (1) Consistent with required and optional elements of local 8250 comprehensive plans and other applicable provisions of the 8251 CommunityLocal Government ComprehensivePlanningand Land8252Development RegulationAct, homeowners are encouraged to 8253 preserve existing residential communities, promote available and 8254 affordable housing, protect structural and aesthetic elements of 8255 their residential community, and, as applicable, maintain roads 8256 and streets, easements, water and sewer systems, utilities, 8257 drainage improvements, conservation and open areas, recreational 8258 amenities, and other infrastructure and common areas that serve 8259 and support the residential community by the revival of a 8260 previous declaration of covenants and other governing documents 8261 that may have ceased to govern some or all parcels in the 8262 community. 8263 Section 69. Subsection (6) of section 1013.30, Florida 8264 Statutes, is amended to read: 8265 1013.30 University campus master plans and campus 8266 development agreements.— 8267 (6) Before a campus master plan is adopted, a copy of the 8268 draft master plan must be sent for review or made available 8269 electronically to the host and any affected local governments, 8270 the state land planning agency, the Department of Environmental 8271 Protection, the Department of Transportation, the Department of 8272 State, the Fish and Wildlife Conservation Commission, and the 8273 applicable water management district and regional planning 8274 council. At the request of a governmental entity, a hard copy of 8275 the draft master plan shall be submitted within 7 business days 8276 of an electronic copy being made available. These agencies must 8277 be given 90 days after receipt of the campus master plans in 8278 which to conduct their review and provide comments to the 8279 university board of trustees. The commencement of this review 8280 period must be advertised in newspapers of general circulation 8281 within the host local government and any affected local 8282 government to allow for public comment. Following receipt and 8283 consideration of all comments and the holding of an informal 8284 information session and at least two public hearings within the 8285 host jurisdiction, the university board of trustees shall adopt 8286 the campus master plan. It is the intent of the Legislature that 8287 the university board of trustees comply with the notice 8288 requirements set forth in s. 163.3184(11)(15)to ensure full 8289 public participation in this planning process. The informal 8290 public information session must be held before the first public 8291 hearing. The first public hearing shall be held before the draft 8292 master plan is sent to the agencies specified in this 8293 subsection. The second public hearing shall be held in 8294 conjunction with the adoption of the draft master plan by the 8295 university board of trustees. Campus master plans developed 8296 under this section are not rules and are not subject to chapter 8297 120 except as otherwise provided in this section. 8298 Section 70. Subsections (3), (7), and (8) of section 8299 1013.33, Florida Statutes, are amended to read: 8300 1013.33 Coordination of planning with local governing 8301 bodies.— 8302 (3) At a minimum, the interlocal agreement must address 8303 interlocal agreement requirements in s. 163.31777 and, if 8304 applicable, s. 163.3180(6)(13)(g),except for exempt local8305governments as provided in s.163.3177(12),and must address the 8306 following issues: 8307 (a) A process by which each local government and the 8308 district school board agree and base their plans on consistent 8309 projections of the amount, type, and distribution of population 8310 growth and student enrollment. The geographic distribution of 8311 jurisdiction-wide growth forecasts is a major objective of the 8312 process. 8313 (b) A process to coordinate and share information relating 8314 to existing and planned public school facilities, including 8315 school renovations and closures, and local government plans for 8316 development and redevelopment. 8317 (c) Participation by affected local governments with the 8318 district school board in the process of evaluating potential 8319 school closures, significant renovations to existing schools, 8320 and new school site selection before land acquisition. Local 8321 governments shall advise the district school board as to the 8322 consistency of the proposed closure, renovation, or new site 8323 with the local comprehensive plan, including appropriate 8324 circumstances and criteria under which a district school board 8325 may request an amendment to the comprehensive plan for school 8326 siting. 8327 (d) A process for determining the need for and timing of 8328 onsite and offsite improvements to support new construction, 8329 proposed expansion, or redevelopment of existing schools. The 8330 process shall address identification of the party or parties 8331 responsible for the improvements. 8332 (e) A process for the school board to inform the local 8333 government regarding the effect of comprehensive plan amendments 8334 on school capacity. The capacity reporting must be consistent 8335 with laws and rules regarding measurement of school facility 8336 capacity and must also identify how the district school board 8337 will meet the public school demand based on the facilities work 8338 program adopted pursuant to s. 1013.35. 8339 (f) Participation of the local governments in the 8340 preparation of the annual update to the school board’s 5-year 8341 district facilities work program and educational plant survey 8342 prepared pursuant to s. 1013.35. 8343 (g) A process for determining where and how joint use of 8344 either school board or local government facilities can be shared 8345 for mutual benefit and efficiency. 8346 (h) A procedure for the resolution of disputes between the 8347 district school board and local governments, which may include 8348 the dispute resolution processes contained in chapters 164 and 8349 186. 8350 (i) An oversight process, including an opportunity for 8351 public participation, for the implementation of the interlocal 8352 agreement. 8353(7) Except as provided in subsection (8), municipalities8354meeting the exemption criteria in s.163.3177(12) are exempt8355from the requirements of subsections (2), (3), and (4).8356(8) At the time of the evaluation and appraisal report,8357each exempt municipality shall assess the extent to which it8358continues to meet the criteria for exemption under s.8359163.3177(12). If the municipality continues to meet these8360criteria, the municipality shall continue to be exempt from the8361interlocal agreement requirement. Each municipality exempt under8362s.163.3177(12) must comply with the provisions of subsections8363(2)-(8) within 1 year after the district school board proposes,8364in its 5-year district facilities work program, a new school8365within the municipality’s jurisdiction.8366 Section 71. Rules 9J-5 and 9J-11.023, Florida 8367 Administrative Code, are repealed, and the Department of State 8368 is directed to remove those rules from the Florida 8369 Administrative Code. 8370 Section 72. Any permit or any other authorization that was 8371 extended under section 14, chapter 2009-96, Laws of Florida, as 8372 reauthorized by section 47, chapter 2010-147, Laws of Florida, 8373 is extended and renewed for an additional period of 2 years from 8374 its extended expiration date. The holder of a valid permit or 8375 other authorization that is eligible for the additional 22-year 8376 extension must notify the authorizing agency in writing by 8377 December 31, 2011, identifying the specific authorization for 8378 which the holder intends to use the extension and the 8379 anticipated timeframe for acting on the authorization. 8380 Section 73. The Legislature finds that this act fulfills an 8381 important state interest. 8382 Section 74. (1) The state land planning agency, within 60 8383 days after the effective date of this act, shall review any 8384 administrative or judicial proceeding filed by the agency and 8385 pending on the effective date of this act to determine whether 8386 the issues raised by the state land planning agency are 8387 consistent with the revised provisions of part II of chapter 8388 163, Florida Statutes. For each proceeding, if the agency 8389 determines that issues have been raised that are not consistent 8390 with the revised provisions of part II of chapter 163, Florida 8391 Statutes, the agency shall dismiss the proceeding. If the state 8392 land planning agency determines that one or more issues have 8393 been raised that are consistent with the revised provisions of 8394 part II of chapter 163, Florida Statutes, the agency shall amend 8395 its petition within 30 days after the determination to plead 8396 with particularity as to the manner in which the plan or plan 8397 amendment fails to meet the revised provisions of part II of 8398 chapter 163, Florida Statutes. If the agency fails to timely 8399 file such amended petition, the proceeding shall be dismissed. 8400 (2) In all proceedings that were initiated by the state 8401 land planning agency before the effective date of this act, and 8402 continue after that date, the local government’s determination 8403 that the comprehensive plan or plan amendment is in compliance 8404 is presumed to be correct, and the local government’s 8405 determination shall be sustained unless it is shown by a 8406 preponderance of the evidence that the comprehensive plan or 8407 plan amendment is not in compliance. 8408 Section 75. In accordance with s. 1.04, Florida Statutes, 8409 the provisions of law amended by this act shall be construed in 8410 pari materia with the provisions of law reenacted by Senate Bill 8411 174 or HB 7001, 2011 Regular Session, whichever becomes law, and 8412 incorporated therein. In addition, if any law amended by this 8413 act is also amended by any other law enacted at the same 8414 legislative session or an extension thereof which becomes law, 8415 full effect shall be given to each if possible. 8416 Section 76. The Division of Statutory Revision is directed 8417 to replace the phrase “the effective date of this act” wherever 8418 it occurs in this act with the date this act becomes a law. The 8419 Division of Statutory revision is further directed to replace 8420 all references to s. 163.3184, Florida Statutes, with s. 8421 163.32465, Florida Statutes, except for provisions related 8422 specifically to plan amendments that propose a rural land 8423 stewardship area pursuant to s. 163.3177(11)(d), Florida 8424 Statutes; propose an optional sector plan; update a 8425 comprehensive plan based on an evaluation and appraisal report; 8426 new plans for newly incorporated municipalities are subject to 8427 state review as set forth in s. 163.3184, Florida Statutes; or 8428 are in an area of critical state concern designated pursuant to 8429 s. 380.05, Florida Statutes. 8430 Section 77. The reenactment of s. 163.31801(5), Florida 8431 Statutes, in section 16 of this act shall take effect upon this 8432 act becoming a law, and shall operate retroactively to July 1, 8433 2009. If such retroactive application is held by a court of last 8434 resort to be unconstitutional, this act shall apply 8435 prospectively from the date that this act becomes a law. 8436 Section 78. Except as otherwise expressly provided in this 8437 act and except for this section, which shall take effect upon 8438 this act becoming a law, this act shall take effect July 1, 8439 2011.