HomeMy WebLinkAboutI-1 Ordinance: Comp. Plan AmendmentCity of ~VLiami C~ard~ens
1515-200 NW 167`~ Street
Miami Gardens, Florida 33169
.: ~ n.r r
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Oscar Braynon II
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Andre Williams
Agenda Cover Page: PH-2007-000021
Comprehensive Development Master Plan Amendment on Public School Concurrency
Date: December 12, 2007
Fiscal [mpact: No X Yes ^ Public Hearing X Quasi-Judicial
(If yes, explain in Staff Summary) Ordinance X Resolution ^
Funding Source: 1 st Reading X 2nd Reading ^
Contract/P.O. Requirement: Yes ^ No^ Advertising requirement: Yes X No ^
Sponsor Name/Department: Development Services Director via City Manager
ORDINANCE No. 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING AN
INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR PUBLIC SCHOOL
FACILITY PLANNING, IN ACCORDANCE WITH THAT AGREEMENT ATTACHED HERETO AS
ATTACHMENT "A"; AUTHORIZING AN AMENDMENT TO THE CITY OF MIAMI GARDENS
COMPREHENSIVE DEVELOPMENT MASTER PLAN TO PROVIDE FOR THE NECESSARY PROVISIONS
FOR PUBLIC SCHOOL CONCURRENCY; PROVIDING FOR AN AMENDMENT TO THE GOALS,
OBJECTIVES AND POLICIES OF THE PUBLIC SCHOOL FACILITIES ELEMENT; THE
INTERGOVERNMENTAL COORDINATION ELEMENT; AND THE CAPITAL IMPROVEMENTS ELEMENT;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
At the December 5, 2007 meeting it was recommended that this item be deferred to December 12, 2007
meeting. Additional information as addendum to the staff report has been provided below per direction
provided to staff at December 5, 2007 meeting.
Attachments:
ORDINANCE
ATTACHMENT A: Amended and Restated Interlocal Agreement for Public School Facility
Planning in Miami-Dade County (Previously provided on 12/OS/2007)
Additional Information
ADDENDUM A. Chapter 2005-290 Committee Substitute for Senate Bill No. 360
ADDENDUM B. Department of Community Affairs Highlights of Senate Bi11360, June 16,
2005
ADDENDUM C. Division of Community Planning, School Planning related information
ADDENDUM D. Miami-Dade School Board Approval of School Board Concurrency Task Force
Recommendations and Authorization to execute the Amended and Restated
Interlocal Agreement far Public School Concurrencv Dated November 20, 2007
ADDENDUM E. Miami-Dade County Memorandum dated No~ I-1) ORD. FIRST
READING/PUBLIC
HEARING
Comp Plan Amendment
City of Miami Gardens Comprehensive Development Master Plan Amendment
Page 2 of 7
ORDINANCE
ORDINANCE No. 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING AN INTERLOCAL AGREEMENT
WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR PUBLIC
SCHOOL FACILITY PLANNING, IN ACCORDANCE WITH THAT
AGREEMENT ATTACHED HERETO AS ATTACHMENT "A";
AUTHORIZING AN AMENDMENT TO THE CITY OF MIAMI GARDENS
COMPREHENSIVE DEVELOPMENT MASTER PLAN TO PROVIDE FOR
THE NECESSARY PROVISIONS FOR PUBLIC SCHOOL
CONCURRENCY; PROVIDING FOR AN AMENDMENT TO THE GOALS,
OBJECTIVES AND POLICIES OF THE PUBLIC SCHOOL FACILITIES
ELEMENT; THE INTERGOVERNMENTAL COORDINATION ELEMENT;
AND THE CAPITAL IMPROVEMENTS ELEMENT; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE
DATE.
1 WHEREAS, pursuant to Chapter 163, Florida Statutes, the Comprehensive
2 Development Master Plan ("CDMP") for Miami-Dade County was adopted by the Miami-
3 Dade County Board of County Commissioners in November 1988, and
4 WHEREAS, pursuant to Chapter 163, Florida Statutes, all comprehensive master
5 plan amendments are to be approved by the designated Local Planning Agency, and
6 WHEREAS, pursuant to Ordinance No. 2003-12, the City Council of the City of
7 Miami Gardens has designated itself as the City's Local Planning Agency, and
8 WHEREAS, the Local Planning Agency has recommended that the City Council
9 adopt an ordinance that authorizes an Interlocal Agreement with the School Board of
10 Miami-Dade County for public school facility planning in accordance with Attachment "A"
11 attached hereto; that authorizes and amendment to the City of Miami Gardens
12 Comprehensive Development Master Plan to provide for necessary provisions for public
13 school concurrency; the Public School Facilities Element, the Capital Improvements
Page 1
14 Element, and the Intergovernmental Coordination Element of the Master Plan, as
15 specified on Attachment "G" attached hereto, and
16 WHEREAS, City Staff has submitted a Staff Report, attached hereto as Exhibit
17 "B," recommending adoption of the Ordinance, and
18 WHEREAS, the applicable public hearings have been had with respect to this
19 matter and the procedures necessary for the adoption of amendments to the
20 Comprehensive Development Master Plan have been followed,
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
22 OF MIAMI GARDENS, FLORIDA, as follows:
23 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
24 Clauses are hereby ratified and confirmed as being true, and the same are hereby made
25 a specific part of this Ordinance.
26 SECTION 2. The City Council of the City of Miami Gardens hereby approves
27 that certain Interlocal Agreement with the School Board of Miami-Dade County, attached
28 hereto as Attachment "A" and authorize the City Manager and City Clerk to execute and
29 attest the same.
30 SECTION 3. AMENDMENT: The Goals, Objectives and Policies of the Public
31 School Facilities, Capital Improvement, and Intergovernmental Coordination elements of
Pa~e 2
32 the City of Miami Gardens Comprehensive Development Master Plan are hereby
33 amended, as shown on Attachment "G" attached hereto.
34 SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith
35 are hereby repealed.
36 SECTION 5. SEVERABILITY: If any section, subsection, sentence, clause,
37 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
38 any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
39 independent provision and such holding shall not affect the validity of the remaining
40 portions of this Ordinance.
41 SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective
42 immediately upon its final passage.
PASSED ON FIRST READING ON THE 12th DAY OF DECEMBER 2007.
PASSED ON SECOND READING ON THE DAY OF 2008.
SHIRLEY GIBSON, MAYOR
ATTEST:
Pa~e 3
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA K. KNIGHTON, ESQ.
City Attorney
SPONSORED BY: DANNY O. CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Oscar Braynon, II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Andre' Witliams
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
77777_I.DOC
Pa~e 4
City of Miami Gardens Comprehensive Development Master Plan Amendment
Page 3 of 7
ADDENDUM A.
Chapter 2005-290 Committee
Substitute for Senate Bill No. 360
CHAPTER 2005-290
Committee Substitute for Committee Substitute for
Committee Substitute for Senate Bill No. 360
An act relating to infrastructure planning and funding; amending s.
163.3164, F.S.; defining the term "financial feasibility"; amending s.
163.3177, F.S.; revising requirements for the capital improvements
element of a comprehensive plan; requiring a schedule of capital
improvements; providing a deadline for certain amendments; pro-
viding an exception; providing for sanctions; requiring incorporation
of selected water supply projects in the comprehensive plan; autho-
rizing planning for multijurisdictional water supply facilities; pro-
viding requirements for counties and municipalities with respect to
the public school facilities element; requiring an interlocal agree-
ment; providing for a waiver under certain circumstances; exempt-
ing certain municipalities from such requirements; requiring that
the state land planning agency establish a schedule for adopting and
updating the public school facilities element; revising the require-
ments and criteria for establishing a rural land stewardship area;
revising the requirements for designating a stewardship receiving
area to address listed species; revising requirements for an ordi-
nance adopting a plan amendment to create a rural land steward-
ship area; encouraging local governments to include a community
vision and an urban service boundary as a component of their com-
prehensive plans; providing an exception; repealing s. 163.31776,
F.S., relating to the public educational facilities element; aznending
s. 163.31777, F.S.; revising the requirements for the public schools
interlocal agreement to conform to changes made by the act; requir-
ing the school board to provide certain information to the local gov-
ernment; amending s. 163.3180, F.S.; revising requirements for con-
currency; providing for schools to be subject to concurrency require-
ments; requiring that an adequate water supply be available for new
development; revising requirements for transportation facilities; re-
quiring that the Department of Transportation be consulted regard-
ing certain level-of-service standards; revising criteria and provid-
ing guidelines for transportation concurrency exception areas; re-
quiring a local government to consider the transportation level-of-
service standards of adjacent jurisdictions for certain roads; provid-
ing a process to monitor de minimis impacts; revising the require-
ments for a long-term transportation concurrency management sys-
tem; providing for a long-term school concurrency management sys-
tem; requiring that school concurrency be established on less than
a districtwide basis within 5 years; providing certain exceptions;
authorizing a local government to approve a development order if
the developer executes a commitment to mitigate the impacts on
public school facilities; providing for the adoption of a transportation
concurrency management system by ordinance; providing require-
ments for proportionate fair-share mitigation; providing an excep-
tion; amending s. 163.3184, F.S.; prescribing authority of local gov-
ernments to adopt plan amendments after adopting community vi-
sion and an urban service boundary; providing for small scale plan
CODING: Words s#,~e~ea are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
amendment review under certain circumstances; providing exemp-
tions; providing concurrency exemption for certain DRI projects;
amending s. 163.3191, F.S.; providing additional requirements for
the evaluation and assessment of the comprehensive plan for coun-
ties and municipalities that do not have a public schools interlocal
agreement; revising requirements for the evaluation and appraisal
report; providing time limit for amendments relating to the report;
amending s. 339.135, F.S., relating to tentative work programs of
the Department of Transportation; conforming provisions to
changes made by the act; requiring the Office of Program Policy
Analysis and Government Accountability to perform a study of the
boundaries of specified state entities; requiring a report to the Legis-
lature; creating s. 163.3247, F.S.; providing a popular name; provid-
ing legislative findings and intent; creating the Century Commis-
sion for certain purposes; providing for appointment of commission
members; providing for terms; providing for meetings and votes of
members; requiring members to serve without compensation; pro-
viding for per diem and travel expenses; providing powers and du-
ties of the commission; requiring the creation of a joint select com-
mittee of the Legislature; providing purposes; requiring the Secre-
tary of Community Affairs to select an executive director of the
commission; requiring the Department of Community Affairs to pro-
vide staff for the commission; providing for other agency staff sup-
port for the commission; creating s. 339.2819, F.S.; creating the
Transportation Regional Incentive Program within the Department
of Transportation; providing matching funds for projects meeting
certain criteria; amending s. 337.107, F.S.; allowing the inclusion of
right-of-way services in certain design-build contracts; amending s.
337.107, F.S., effective July 1, 2007; eliminating the inclusion of
right-of-way services and as part of design-build contracts under
certain circumstances; amending s. 337.11, F.S.; allowing the De-
partment of Transportation to include right-of-way services and de-
sign and construction into a single contract; providing an exception;
delaying construction activities in certain circumstances; amending
s. 337.11, F.S., effective July 1, 2007; deleting language allowing
right-of-way services and design and construction phases to be com-
bined for certain projects; deleting an exception; amending s. 380.06,
F.S.; providing exceptions; amending s. 1013.33, F.S.; conforming
provisions to changes made by the act; amending s. 206.46, F.S.;
increasing the threshold for m~imum debt service for transfers in
the State Transportation Trust Fund; amending s. 339.08, F.S.; pro-
viding for expenditure of moneys in the State Transportation Trust
Fund; amending s. 339.155, F.S.; providing for the development of
regional transportation plans in Regional Transportation Areas;
amending s. 339.175, F.S.; making conforming changes to provisions
of the act; amending s. 339.55, F.S.; providing for loans for certain
projects from the state-funded infrastructure bank within the De-
partment of Transportation; amending s.1013.64, F.S.; providing for
the expenditure of funds in the Public Education Capital Outlay and
Debt Service Trust Fund; axnending s. 1013.65, F.S.; providing fund-
ing for the Classrooms for Kids Program; amending s. 201.15, F.S.;
2
CODING: Words sk~~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
providing for the expenditure of certain excise taxes on documents;
providing for appropriations for the 2005-2006 fiscal year on a non-
recurring basis for certain purposes; specifying the evidentiary stan-
dard a local government must meet .when defending a challenge to
an ordinance establishing an impact fee; requiring the Department
of Transportation to amend the tentative work program and budget
for 2005-2006; prohibits reversion of certain funds; providing a dec-
laration of important state interest; creating s. 1013.789, F. S.; estab-
lishing the High Growth County Construction Account program;
amending s. 339.2818, F.S.; providing for an annual appropriation
from the State Transportation Trust Fund for purposes of funding
the Small County Outreach Program; amending s. 341.051, F.S.;
providing for an annual appropriation from the State Transporta-
tion Trust Fund for purposes of funding the New Starts Transit
Program; amending s. 339.61, F.S.; providing for appropriations
from the State Transportation Trust Fund; creating s. 403.891, F.S.;
appropriating funds to the Water Protection and Sustainability
Trust Fund; creating s. 1013.78, F.S.; creating the High Growth
District Capital Outlay Assistance Grant Program; providing for
grants to school districts meeting certain criteria; Amending s.
380.115, F.S.; allowing an applicant under the development-of-
regional impact program to proceed under that program after an
optional sector plan is adopted; grandfathering certain develop-
ments of regional impact from the provisions of this act relating to
chs. 163 and 380, F.S.; providing annual appropriations from the
Grants and Donations Trust Fund for purposes of unplementing the
act and supporting the Century Commission; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (32) is added to section 163.3164, Florida Statutes,
to read:
163.3164 Local Government Comprehensive Planning and Land Devel-
opment Regulation Act; definitions.-As used in this act:
CODING: Words s#,~ke~ are deletions; words underlined are additions.
Section 2. Subsections (2) and (3), paragraphs (a), (c), and (h) of subsec-
tion (6), paragraph (d) of subsection (11), and subsection (12) of section
Ch. 2005-290 LAWS OF FI.ORIDA Ch. 2005-290
163.3177, Florida Statutes, are amended, and subsections (13) and (14) are
added to that section, to read:
163.3177 Required and optional elements of comprehensive plan; studies
and surveys.-
(2) Coordination of the several elements of the local comprehensive plan
shall be a major objective of the planning process. The several elements of
the comprehensive plan shall be consistent, and the comprehensive plan
shall be financiallv eE~~ feasible. Financial feasibilitv shall be de-
termined usin~professionallv accepted methodolo 'es.
(3)(a) The comprehensive plan shall contain a capital improvements ele-
ment designed to consider the need for and the location of public facilities
in order to encourage the efficient utilization of such facilities and set forth:
1. A component which outlines principles for construction, extension, or
increase in capacity of public facilities, as well as a component which out-
lines principles for correcting existing public facility deficiencies, which are
necessary to implement the comprehensive plan. The components shall
cover at least a 5-year period.
2. Estimated public facility costs, including a delineation of when facili-
ties will be needed, the general location of the facilities, and projected reve-
nue sources to fund the facilities.
3. Standards to ensure the availability of public facilities and the ade-
quacy of those facilities including acceptable levels of service.
4
CODING: Words st~ea are deletions; words underlined are additions.
4. Standards for the management of debt.
feasibilitv. The schedule must also be coordinated with the applicable metro-
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
politan planning organization's lon -~ rane~e transportation plan adopted pur-
suant to s. 339.175(6).
(b)1. The capital improvements element shall be reviewed on an annual
basis and modified as necessary in accordance with s. 163.3187 or s.
163.3189 in order to maintain a financiallv feasible 5-vear schedule of capi-
tal improvements.~~ Correction , , and modifications con-
cerning costs; revenue sources; or acceptance of facilities pursuant to dedica-
tions which are consistent with the plan; ^~- *~^ ~°*^ ^~ ^^^°+-^,^*;^^ ^~ °rT,
~ ,,;i;+., o ,..,+oa ;,, ~~,,, „ ,,;+.,i ; „+~ o~o,,,,,,,+ may be accom-
plished by ordinance and shall not be deemed to be amendments to the local
comprehensive plan. A co~y of the ordinance shall be transmitted to the
facilities shall be consistent with the capital im
(a) A future land use plan element designating proposed future general
distribution, location, and extent of the uses of land for residential uses,
commercial uses, industry, agriculture, recreation, conservation, education,
public buildings and grounds, other public facilities, and other categories of
the public and private uses of land. Counties are encouraged to designate
rural land stewardship areas, pursuant to the provisions of paragraph
5
CODING: Words st~ea are deletions; words underlined are additions.
been transmitted to the state land planning agenc~
(6) In addition to the requirements of subsections (1)-(5) and 12 , the
comprehensive plan shall include the following elements:
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(11)(d), as overlays on the future land use map. Each future land use cate-
gory must be defined in terms of uses included, and must include standards
to be followed in the control and distribution of population densities and
building and structure intensities. The proposed distribution, location, and
extent of the various categories of land use shall be shown on a land use map
or map series which shall be supplemented by goals, policies, and measur-
able objectives. The future land use plan shall be based upon surveys,
studies, and data regarding the area, including the amount of land required
to accommodate anticipated growth; the projected population of the area;
the character of undeveloped land; the availability of water suPplies, public
facilities, and services; the need for redevelopment, including the renewal
of blighted areas and the elimination of nonconforming uses which are
inconsistent with the character of the community; the compatibility of uses
on lands adjacent to or closely pro~rimate to military installations; and, in
rural communities, the need for job creation, capital investment, and eco-
nomic development that will strengthen and diversify the communit~s econ-
omy. The future land use plan may designate areas for future planned
development use involving combinations of types of uses for which special
regulations may be necessary to ensure development in accord with the
principles and standards of the comprehensive plan and this act. The future
land use plan element shall include criteria to be used to achieve the compat-
ibility of adjacent or closely proximate lands with military installations. In
addition, for rural communities, the amount of land designated for future
planned industrial use sha11 be based upon surveys and studies that reflect
the need for job creation, capital investment, and the necessity to strengthen
and diversify the local economies, and shall not be limited solely by the
projected population of the rural community. The future land use plan of a
county may also designate areas for possible future municipal incorporation.
The land use maps or map series shall generally identify and depict historic
district boundaries and shall designate historically significant properties
meriting protection. The future land use element must clearly identify the
land use categories in which public schools are an allowable use. When
delineating the land use categories in which public schools are an allowable
use, a local government shall include in the categories sufficient land proxi-
mate to residential development to meet the projected needs for schools in
coordination with public school boards and may establish differing criteria
for schools of different type or size. Each local government shall include
lands contig~ous to existing school sites, to the maximum extent possible,
within the land use categories in which public schools are an allowable use.
e€-#,~~s-~~g~~~-~s-~~e~~~~~s~ebe~ ~, ~~~~. The failure by a local
government to comply with these school siting requirements ~~~ n„+„~,o,. ~~
~~, will result in the prohibition of the local government's ability to amend
the local comprehensive plan, except for plan amendments described in s.
163.3187(1)(b), until the school siting requirements are met. Amendments
proposed by a local government for purposes of identifying the land use
categories in which public schools are an allowable use ^~- ~^r °a^~+~^^ ^"
a• ~~, ~, ~ ;~;,,,~ ,,, „+ +„ ~, ~ ~~z.~z, ~~~r~~ are exempt
from the limitation on the frequency of plan amendments contained in s.
163.3187. The future land use element shall include criteria that encourage
the location of schools proximate to urban residential areas to the extent
6
CODING: Words s~e~eA are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
possible and shall require that the local government seek to collocate public
facilities, such as parks, libraries, and community centers, with schools to
the extent possible and to encourage the use of elementary schools as focal
points for neighborhoods. For schools serving predominantly rural counties,
defined as a county with a population of 100,000 or fewer, an agricultural
land use category shall be eligible for the location of public school facilities
if the local comprehensive plan contains school siting criteria and the loca-
tion is consistent with such criteria. Local governments required to update
or amend their comprehensive plan to include criteria and address compati-
bility of adjacent or closely proximate lands with existing military installa-
tions in their future land use plan element shall transmit the update or
amendment to the department by June 30, 2006.
(c) A general sanitary sewer, solid waste, drainage, potable water, and
natural groundwater aquifer recharge element correlated to principles and
guidelines for future land use, indicating ways to provide for future potable
water, drainage, sanitary sewer, solid waste, and aquifer recharge protec-
tion requirements for the area. The element may be a detailed engineering
plan including a topographic map depicting areas of prime groundwater
recharge. The element shall describe the problems and needs and the gen-
eral facilities that will be required for solution of the problems and needs.
The element shall also include a topographic map depicting any areas
adopted by a regional water management district as prime groundwater
recharge areas for the Floridan or Biscayne aquifers, pursuant to s.
373.0395. These areas shall be given special consideration when the local
government is engaged in zoning or considering future land use for said
designated areas. For areas served by septic tanks, soil surveys shall be
provided which indicate the suitability of soils for septic tanks. Within 18
months after the governing board approves an updated regional water su~
plYplan $T~esc~e~ ~,~o, tYte element must incorporate the alternative
water supplv Aroject or projects selected bv the local ~overnment from those
identified in the regional water sup~ly plan pursuant to s. 373.0361(2)(a) or
proposed bv the local government under s. 373.0361(7)(b) ^^~^°~a^~- ~~^ °^-
The element must
og vernment's jurisdiction and include a work plan, covering at least a 10
year planning period, for building public, private, and regional water supply
facilities, including development of alternative water supplies, which ~
are identified in the element as necessary to serve existing and new develop-
ment ~^a ~^~-~~~~~^~ +h° ~^^°~ T ^+;° r °;h~°. The work plan shall
be updated, at a minimum, every 5 years within 18 ~3 months after the
governing board of a water management district approves an updated re-
gional water supply plan. Amendments to incorporate the work plan do not
count toward the limitation on the frequency of adoption of amendments to
the comprehensive plan. Local governments. public and private utilities,
regional water supplv authorities, special districts, and water mana eg ment
7
CODING: Words st~eff are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(h)1. An intergovernmental coordination element showing relationships
and stating principles and guidelines to be used in the accomplishment of
coordination of the adopted comprehensive plan with the plans of school
boards, regional water su~plv authorities, and other units of local govern-
ment providing services but not having regulatory authority over the use of
land, with the comprehensive plans of adjacent municipalities, the county,
adjacent counties, or the region, with the state comprehensive plan and with
the applicable regional water supply plan approved pursuant to s. 373.0361,
as the case may require and as such adopted plans or plans in preparation
may exist. This element of the local comprehensive plan shall demonstrate
consideration of the particular effects of the local pl~n, when adopted, upon
the development of adjacent municipalities, the county, adjacent counties,
or the region, or upon the state comprehensive plan, as the case may require.
a. The intergovernmental coordination element shall provide for proce-
dures to identify and implement joint planning areas, especially for the
purpose of annexation, municipal incorporation, and joint infrastructure
service areas.
b. The intergovernmental coordination element shall provide for recogni-
tion of campus master plans prepared pursuant to s. 1013.30.
c. The intergovernmental coordination element may provide for a volun-
tary dispute resolution process as established pursuant to s. 186.509 for
bringing to closure in a tixnely manner intergovernmental disputes. A local
government may develop and use an alternative local dispute resolution
process for this purpose.
2. The intergovernmental coordination element shall further state prin-
ciples and guidelines to be used in the accomplishment of coordination of the
adopted comprehensive plan with the plans of school boards and other units
of local government providing facilities and services but not having regula-
tory authority over the use of land. In add.ition, the intergovernmental
coordination element shall describe joint processes for collaborative plan-
ning and decisionmaking on population projections and public school siting,
the location and extension of public facilities subject to concurrency, and
siting facilities with countywide significance, including locally unwanted
land uses whose nature and identity are established in an agreement.
Within 1 year of adopting their intergovernmental coordination elements,
each county, all the municipalities within that county, the district school
board, and any unit of local government service providers in that county
shall establish by interlocal or other formal agreement executed by all af-
fected entities, the joint processes described in this subparagraph consistent
with their adopted intergovernmental coordination elements.
3. To foster coordination between special districts and local general-
purpose governments as local general-purpose governments implement
CODING: Words s~~ are deletions; words underlined are additions.
surface water supplies.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
local comprehensive plans, each independent special district must submit
a public facilities report to the appropriate local government as required by
s. 189.415.
4.a. Local governments ~a^^+;,,,~ ., „~.~;,. ~a,,,,.,+;,,,,~i ~,,;r+;~~ ~i~,,,,,,,+
~~s~~ *^ °. '~2.~'''''~ must execute an interlocal agreement with the
district school board, the county, and nonexempt municipalities pursuant to
s. 163.31777, ~~ ao~;,,~a t,<, ~. i a~z_~zi ~~~~i ~~ .,,~,;~~. ;,,,.~„a„~. +~.,, ;,-~,.,~ i;~+„a
~. ~~`~.'~~ ~~~r`~~. The local government shall amend the intergovernmental
coordination element to provide that coordination between the local govern-
ment and school board is pursuant to the agreement and shall state the
obligations of the local government under the agreement.
b. Plan amendments that comply with this subparagraph are exempt
from the provisions of s. 163.3187(1).
5. The state land planning agency shall establish a schedule for phased
completion and transmittal of plan amendments to implement subpara-
graphs 1., 2., and 3. from all jurisdictions so as to accomplish their adoption
by December 31, 1999. A local government may complete and transmit its
plan amendments to carry out these provisions prior to the scheduled date
established by the state land planning agency. The plan amendments are
exempt from the provisions of s. 163.3187(1).
6. By January 1, 2004, any county having a population greater than
100,000, and the municipalities and special districts within that county,
shall submit a report to the Department of Community Affairs which:
a. Identifies all existing or proposed interlocal service-delivery agree-
ments regarding the following: education; sanitary sewer; public safety;
solid waste; drainage; potable water; parks and recreation; and transporta-
tion facilities.
b. Identifies any deficits or duplication in the provision of services within
its jurisdiction, whether capital or operational. Upon request, the Depart-
ment of Community Affairs shall provide technical assistance to the local
governments in identifying deficits or duplication.
7. Within 6 months after submission of the report, the Department of
Community Affairs shall, through the appropriate regional planning coun-
cil, coord.inate a meeting of all local governments within the regional plan-
ning area to discuss the reports and potential strategies to remedy any
identified deficiencies or duplications.
8. Each local government shall update its intergovernmental coordina-
tion element based upon the findings in the report submitted pursuant to
subparagraph 6. The report may be used as supporting data and analysis
for the intergovernmental coordination element.
~. u„ ~ot,,.,,,,,.~, i ~nn~ u,,,,,.,,~,,,,+~+;.,~~ „~,,,,,,,;,.;,,.,i;+;,,~ „+;,,~ „a
> > >" ~'
9
CODING: Words s#,~ea are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(11)
(d)1. The department, in cooperation with the Department ofAgriculture
and Consumer Services, the Department of Environmental Protection,
water management districts, and regional planning councils, shall provide
assistance to local governments in the implementation of this paragraph
and rule 9J-5.006(5)(1), Florida Administrative Code. Implementation of
those provisions shall include a process by which the department may au-
thorize local governments to designate all or portions of lands classified in
the future land use element as predominantly agricultural, rural, open,
open-rural, or a substantively equivalent land use, as a rural land steward-
ship area within which planning and economic incentives are applied to
encourage the implementation of innovative and flexible planning and de-
velopment strategies and creative land use planning techniques, including
those contained herein and in rule 9J-5.006(5)(1), Florida Administrative
Code. Assistance may include, but is not limited to:
a. Assistance from the Department of Environmental Protection and
water management districts in creating the geographic information systems
land cover database and aerial photogrammetry needed to prepare for a
rural land stewardship area;
b. Support for local government implementation of rural land steward-
ship concepts by providing information and assistance to local governments
regarding land acquisition programs that may be used by the local govern-
ment or landowners to leverage the protection of greater acreage and maxi-
mize the effectiveness of rural land stewardship areas; and
c. Expansion of the role of the Department of Community Affairs as a
resource agency to facilitate establishment of rural land stewardship areas
in smaller rural counties that do not have the staff or planning budgets to
create a rural land stewardship area.
2. The department shall encourage participation by local governments of
different sizes and rural characteristics in establishing and implementing
rural land stewardship areas. It is the intent of the Legislature that rural
land stewardship areas be used to further the following broad principles of
rural sustainability: restoration and maintenance of the economic value of
rural land; control of urban sprawl; identification and protection of eco-
systems, habitats, and natural resources; promotion of rural economic activ-
ity; maintenance of the viability of Florida's agricultural economy; and pro-
tection of the character of rural areas of Florida. Rural land stewardship
areas may be multicounty in order to encourage coordinated regional stew-
ardship planning.
3. A local government, in conjunction with a regional planning council,
a stakeholder organization of private land owners, or another local govern-
ment, shall notify the department in writing of its intent to designate a rural
land stewardship area. The written notification shall describe the basis for
the designation, including the extent to which the rural land stewardship
area enhances rural land values, controls urban sprawl, provides necessary
open space for agriculture and protection of the natural environment, pro-
10
CODING: Words s#~e~eff are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
motes rural economic activity, and maintains rural character and the eco-
nomic viability of agriculture.
4. A rural land stewardship area shall be not less than 10,000 acres and
shall be located outside of municipalities and established urban growth
boundaries, and shall be designated by plan amendment. The plan amend-
ment designating a rural land stewardship area shall be subject to review
by the Department of Community Affairs pursuant to s. 163.3184 and shall
provide for the following:
a. Criteria for the designation of receiving areas within rural land stew-
ardship areas in which innovative planning and development strategies may
be applied. Criteria shall at a minimum provide for the following: adequacy
of suitable land to accommodate development so as to avoid conflict with
environmentally sensitive areas, resources, and habitats; compatibility be-
tween and transition from higher density uses to lower intensity rural uses;
the establishment of receiving area service boundaries which provide for a
separation between receiving areas and other land uses within the rural
land stewardship area through limitations on the extension of services; and
connection of receiving areas with the rest of the rural land stewardship
area using rural design and rural road corridors.
b. Goals, objectives, and policies setting forth the innovative planning
and development strategies to be applied within rural land stewardship
areas pursuant to the provisions of this section.
c. A process for the implementation of innovative planning and develop-
ment strategies within the rural land stewardship area, including those
described in this subsection and rule 9J-5.006(5)(1), Florida Administrative
Code, which provide for a functional mix of land uses, including adequate
available work force housing, including low, verv-low and moderate income
housing for the development anticipated in the receivin area and which are
applied through the adoption by the local government of zoning and land
development regulations applicable to the rural land stewardship area.
d. A process which encourages visioning pursuant to s. 163.3167(11) to
ensure that innovative planning and development strategies comply with
the provisions of this section.
e. The control of sprawl through the use of innovative strategies and
creative land use techniques consistent with the provisions of this subsec-
tion and rule 9J-5.006(5)(1), Florida Administrative Code.
11
CODING: Words st~ea are deletions; words underlined are additions.
5. A receiving area shall be designated by the adoption of a land develop-
ment regulation. Prior to the designation of a receiving area, the local gov-
ernment shall provide the Department of Community Affairs a period of 30
days in which to review a proposed receiving area for consistency with the
rural land stewardship area plan amendment and to provide comments to
the local government. At the time of designation of a stewardship receiving
Ch. 2005-290 LAWS OF FI.ORIDA Ch. 2005-290
a~s-
_~r~~ ~~ra ~~ ^~ ~Q~~ which shall not constitute a right to develop land,
nor increase density of land, except as provided by this section. The total
amount of transferable rural land use credits within ~^~o the rural
land stewardship area must enable the realization of the long~-term vision
and goals for ^^~--~°°~^^a *^ the 25-year or greater projected population of the
rural land stewardship area. Transferable rural land use credits are subject
to the following limitations:
a. Transferable rural land use credits may only exist within a rural land
stewardship area.
b. Transferable rural land use credits may only be used on lands desig-
nated as receiving areas and then solely for the purpose of implementing
innoyative planning and development strategies and creative land use plan-
ning techniques adopted by the local government pursuant to this section.
c. Transferable rural land use credits assigned to a parcel of land within
a rural land stewardship area shall cease to exist if the parcel of land is
removed from the rural land stewardship area by plan amendment.
d. Neither the creation of the rural land stewardship area by plan
amendment nor the assignment of transferable rural land use credits by the
local government shall operate to displace the underlying density of land
uses assigned to a parcel of land within the rural land stewardship area;
however, if transferable rural land use credits are transferred from a parcel
for use within a designated receiving area, the underlying density assigned
to the parcel of land shall cease to exist.
e. The underlying density on each parcel of land located within a rural
land stewardship area shall not be increased or decreased by the local
government, except as a result of the conveyance or use of transferable rural
land use credits, as long as the parcel remains within the rural land stew-
ardship area.
f. Transferable rural land use credits shall cease to exist on a parcel of
land where the underlying density assigned to the parcei of land is utilized.
g. An increase in the density of use on a parcel of land located within a
designated receiving area may occur only through the assignment or use of
transferable rural land use credits and shall not require a plan amendment.
h. A change in the density of land use on parcels located within receiving
areas shall be specified in a development order which reflects the total
12
CODING: Words s#~e~ are deletions; words underlined are additions.
6. Upon the adoption of a plan amendment creating a rural land steward-
ship area, the local government shall, by ordinance, establish the methodol-
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
number of transferable rural land use credits assigned to the parcel of land
and the infrastructure and support services necessary to provide for a func-
tional mix of land uses corresponding to the plan of development.
i. Land within a rural land stewardship area may be removed from the
rural land stewardship area through a plan amendment.
j. Transferable rural land use credits may be assigned at different ratios
of credits per acre according to the natural resource or other beneficial use
characteristics of the land and according to the land use remaining following
the transfer of credits, with the highest number of credits per acre assigned
to the most environmentally valuable land or, in locations where the reten-
tion of ~^a ~ ~~cc~~ „ -^~^-- ^~' ^r^a;+~ +„ ~,o ~ ~a +~ open space and
agricultural land is a prioritv, to such lands. .
k. The use or conveyance of transferable rural land use credits must be
recorded in the public records of the county in which the property is located
as a covenant or restrictive easement running with the land in favor of the
county and either the Department of Environmental Protection, Depart-
ment of Agriculture and Consumer Services, a water management district,
or a recognized statewide land trust.
7. Owners of land within rural land stewardship areas should be pro-
vided incentives to enter into rural land stewardship agreements, pursuant
to existing law and rules adopted thereto, with state agencies, water man-
agement districts, and local governments to achieve mutually agreed upon
conservation objectives. Such incentives may include, but not be limited to,
the following:
a. Opportunity to accumulate transferable mitigation credits.
b. Extended permit agreements.
c. Opportunities for recreational leases and ecotourism.
d. Payment for specified land management services on publicly owned
land, or property under covenant or restricted easement in favor of a public
entity.
e. Option agreements for sale to public entities or private land conserva-
tion entities, in either fee or easement, upon achievement of conservation
obj ectives.
8. The department shall report to the Legislature on an annual basis on
the results of unplementation of rural land stewardship areas authorized by
the department, including successes and failures in achieving the intent of
the Legislature as expressed in this paragraph.
(e) The Legislature finds that mixed-use, high-density development is
appropriate for urban infill and redevelopment areas. Mixed-use projects
accommodate a variety of uses, including residential and commercial, and
usually at higher densities that promote pedestrian-friendly, sustainable
communities. The Legislature recognizes that mixed-use, high-density de-
velopment improves the quality of life for residents and businesses in urban
13
CODING: Words s#~e~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
areas. The Legislature finds that mixed-use, high-density redevelopment
and infill benefits residents by creating a livable community with alterna-
tive modes of transportation. Furthermore, the Legislature finds that local
zoning ordinances often discourage mixed-use, high-density development in
areas that are appropriate for urban infill and redevelopment. The Legisla-
ture intends to discourage single-use zoning in urban areas which often
leads to lower-density, land-intensive development outside an urban service
area. Therefore, the Department of Community Affairs shall provide techni-
cal assistance to local governments in order to encourage mu~ed-use, high-
density urban infill and redevelopment projects.
(~ The Legislature finds that a program for the transfer of development
rights is a useful tool to preserve historic buildings and create public open
spaces in urban areas. A program for the transfer of development rights
allows the transfer of density credits from historic properties and public
open spaces to areas designated for high-density development. The Legisla-
ture recognizes that high-density development is integral to the success of
many urban infill and redevelopment projects. The Legislature intends to
encourage high-density urban infill and redevelopment while preserving
historic structures and open spaces. Therefore, the Department of Commu-
nity Affairs shall provide technical assistance to local governments in order
to promote the transfer of development rights within urban areas for high-
density infill and redevelopment projects.
(g) The implementation of this subsection shall be subject to the provi-
sions of this chapter, chapters 186 and 187, and applicable agency rui_es.
(h) The department may adopt rules necessary to implement the provi-
sions of this subsection.
(12) A public school facilities element adopted to implement a school
concurrency program shall meet the requirements of this subsection. Each
criteria:
1. Whether the exceedance is due to temporarv circumstances;
2. Whether the proiected 5-vear capital outlay full time equivalent stu-
dent ~rowth rate for the school district is approaching~ the 10-percent thresh-
o~
14
CODING: Words s~ea are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
3. Whether one or more additional schools within the school district are
at or approaching the 100-percent threshold; and
4. The adequacv of the data and anal~sis submitted to supAOrt the waiver
request.
(b) A municipalitv in a nonexempt countv is exempt if the municiAality
meets all of the following criteria for having~ no significant impact on school
attendance:
1. The municipalitv has issued development orders for fewer than 50
residential dwelling units durin~ the preceding 5 vears, or the municipality
ha_s__generated fewer than 25 additional public school students during the
precedin~5 ey ars•
2. The municipalitv has not annexed new land during the precedin~5
vears in land use categories that permit residential uses that will affect
school attendance rates.
3. The municipalitv has no public schools located within its boundaries.
~(~ A public school facilities element shall be based upon data and
analyses that address, among other items, how level-of-service standards
will be achieved and maintained. Such data and analyses must include, at
a ininimum, such items as: the interlocal agreement ado~ted pursuant to s.
163.31777 and the 5-year school district facilities work program adopted
pursuant to s. 1013.35; the educational plant survey prepared Aursuant to
s. 1013.31 and an existing educational and ancillary plant map or map
series; information on e~sting development and development anticipated
for the next 5 years and the long-term planning period; an analysis of
problems and opportunities for existing schools and schools anticipated in
the future; an analysis of apportunities to collocate future schools with other
public facilities such as parks, libraries, and community centers; an analysis
of the need for supporting public facilities for existing and future schools; an
analysis of opportunities to locate schools to serve as community focal
points; projected future population and associated demographics, including
development patterns year by year for the upcoming 5-year and long-term
planning periods; and anticipated educational and ancillary plants with
land area requirements.
~(~} The element shall contain one or more goals which establish the
long-term end toward which public school programs and activities are ulti-
mately directed.
~(~ The element shall contain one or more objectives for each goal,
setting specific, measurable, intermediate ends that are achievable and
mark progress toward the goal.
~f'~ The element shall contain one or more policies for each objective
which establish the way in which programs and activities will be conducted
to achieve an identified goal.
~g~e} The objectives and policies shall address items such as:
15
CODING: Words ~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
1. The procedure for an annual update process;
2. The procedure for school site selection;
3. The procedure for school permitting;
4. Provision for ^~' ~„^^^r+;^^~ infrastructure necessarv to support pro-
posed schools, including potable water, wastewater, drainage, solid waste.
transportation, and means bv which to assure safe access to schools, includ-
in~ sidewalks, bicycle paths, turn lanes, and signalization;
5. Provision for colocation of other public facilities, such as parks, li-
braries, and communitvi centers, in proximitv to pnblic schools;
6. Provision for location of schools proximate to residential areas and to
complement patterns of development, including the location of future school
sites so they serve as community focal points;
7. Measures to ensure compatibility of school sites and surrounding land
uses;
8. Coordination with adjacent local governments and the school district
on emergency preparedness issues, including the use of public schools to
serve as emer~v shelters; and
9. Coordination with the future land use element.
~{~3 The element shall include one or more future conditions maps
which depict the anticipated location of educational and ancillary plantsS
including the general location of improvements to existing schools or new
schools anticipated over the 5-vear, or long-term planningperiod. The maps
will of necessity be general for the long-term planning period and more
specific for the 5-year period. Maps indicating general locations of future
schools or school improvements mav not prescribe a land use on a particular
parcel of land.
(i) The state land lanning a~ency shall establish a,phased schedule for
adoption of the public school facilities element and the required u~dates to
the public schools interlocal agreement pursuant to s. 163.31777. The sched-
ule shall provide for each countv and local government within the countv to
adont the element and update to the agreement no later than December l,
2008. Plan amendments to ado~t a~ublic school facilities element are ex-
empt from the provisions of s. 163.3187(1).
~j) Failure to adopt the public school facilitv element, to enter into an
(k) The state land plannin~~agency mav issue the school board a notice
to show cause whv sanctions should not be enforced for failure to enter into
16
CODING: Words ~ are deletions; words underlined are additions.
sive Alan which increase residential density until the necessary amend-
ments have been adopted and transmitted to the state land planning a~'enc~
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
an approved interlocal agreement as required bv s. 163.31777 or for failure
to implement the provisions of this act relating to public school concurrencv.
(a) As part of the process of developing, a communitv vision under this
section, the local ~overnment must hold two public meetings with at least
one of those meetin~s before the local plannin~agencv. Before those public
meetin~s, the local government must hold at least one public workshop with
stakeholder groups such as neig~hborhood associations, communitv org~ani-
zations, businesses, private propertv owners, housing and development in-
terests, and environmental org~anizations.
~b) The local ~overnment must, at .a minimum, discuss five of the follow-
in~topics as part of the workshops and public meeting~s required under
paragraph (a):
1. Future growth in the area using,nonulation forecasts from the Bureau
of Economic and Business Research;
2. Priorities for economic development;
3. Preservation of open space, environmentally sensitive lands, and agri-
cultural lands;
4. Appropriate areas and standards for mixed-use development:
5. Appropriate areas and standards for high-densitv commercial and res-
idential development;
6. Appropriate areas and standards for economic-development o~ on rtu_
nities and emplovment centers;
7. Provisions for adequate workforce housin~:
8. An efficient, interconnected multimodal transportation svstem; and
9. Opportunities to create land use patterns that accommodate the issues
listed in subpara r~aphs 1.-8.
(c) As part of the workshops and public meeting~s, the local ~overnment
must discuss strategies for addressin the topics discussed under para aph
(b), includin~
1. Strate¢ies to nreserve open space and environmentallv sensitive
lands, and to encoura~e a healt~ agricultural economv. including innova-
17
CODING: Words st~ea are deletions; words underlined are additions.
(13) Local governments are encoura~ed to develop a communitv vision
that provides for sustainable growth, recoenizes its fiscal constraints, and
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
tive planning and development strategies, such as the transfer of develop-
ment rig~hts;
2. Incentives for mixed-use development, includin~ increased hei~ht and
intensitv standards for buildings that provide residential use in combination
with office or commercial sAace;
3. Incentives for workforce housin~:
4. Designation of an urban service boundar~pursuant to subsection (2);
and
5. Strate 'es to provide mobilitv within the communitv and to protect the
Strategic Intermodal Svstem, includin~ the development of a transportation
corridor management plan under s. 337273.
(d) The communitv vision must reflect the community's shared conce~t
for Qrowth and development of the communitv. including visual representa-
tions depicting the desired land-use patterns and character of the commu-
nitv during a 10-vear planning timeframe. The community vision must also
take into consideration economic viability of the vision and private property
interests.
(f~ Amendments submitted under this subsection are exempt from the
limitation on the frequencv of nlan amendments in s. 163.3187.
(~) A local government that has developed a communitv vision or com-
pleted a visioning process after July 1, 2000, and before Julv 1, 2005, which
substantiallv accomplishes the goals set forth in this subsection and the
s. 163.3184(17).
18
CODING: Words st,~~ are deletions; words underlined are additions.
those identified in para r~a~h (a).
service boundarv is served or is planned to be served with adequate public
facilities and services based on the local government's adopted level-of-
service standards by adopting a 10-year facilities plan in the capital im-
provements element which is financiallv feasible. The local government
shall demonstrate that the amount of land within the urban service bound-
arv does not exceed the amount of land needed to accommodate the projected
Ch. 2005-290 LAWS OF FLOR.IDA Ch. 2005-290
poAUlation growth at densities consistent with the adopted comprehensive
plan within the 10-,vear planning timeframe.
Section 4. Subsections (2), (5), (6), and (7) of section 163.31777, Florida
Statutes, are amended to read:
163.31777 Public schools interlocal agreement.-
(2) At a minimum, the interlocal agreement must address
issues:
(a) A process by which each local government and the district school
board agree and base their plans on consistent projections of the amount,
19
CODING: Words st,~ex are deletions; words underlined are additions.
groups such as neighborhood associations, communitv organizations, busi-
nessesLprivate propertv owners, housing and development interests, and
environmental or~anizations.
(c) Amendments submitted under this subsection are exempt from the
limitation on the frequencv of plan amendments in s. 163.3187.
Section 3. Section 163.31776, Florida Statutes, is repealed.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
type, and distribution of population growth and student enrollment. The
geographic distribution of jurisdiction-wide growth forecasts is a major ob-
jective of the process.
(b) A process to coordinate and share information relating to existing and
planned public school facilities, including school renovations and closures,
and local government plans for development and redevelopment.
(c) Participation by affected local governments with the district school
board in the process of evaluating potential school closures, significant reno-
vations to existing schools, and new school site selection before land acquisi-
tion. Local governments shall advise the district school board as to the
consistency of the proposed closure, renovation, or new site with the local
comprehensive plan, including appropriate circumstances and criteria
under which a district school board may request an amendment to the
comprehensive plan for school siting.
(d) A process for determining the need for and timing of onsite and offsite
improvements to support new, proposed expansion, or redevelopment of
existing schools. The process must address identification of the party or
parties responsible for the improvements.
(e) A process for the school board to inform the local government regard-
ing the effect of comprehensive plan amendments on school capacity. The
capacity reporting must be consistent with laws and rules relating to mea-
surement of school facility capacity and must also identify how the district
school board will meet the public school demand based on the facilities work
program adopted pursuant to s. 1013.35.
(~ Participation of the local governments in the preparation of the an-
nual update to the district school board's 5-year district facilities work pro-
gram and educational plant survey prepared pursuant to s. 1013.35.
(g) A process for determining where and how joint use of either school
board or local government facilities can be shared for mutual benefit and
efficiency.
(h) A procedure for the resolution of disputes between the district school
board and local governments, which may include the dispute resolution
processes contained in chapters 164 and 186.
(i) An oversight process, including an opportunity for public participa-
tion, for the implementation of the interlocal agreement.
e ~ .,+,,,.~, +~ +~,,, ;,,,-,,.a,,,,.,i „ „+ r, „io „+ ,,,,+ +„ ;,,,a.,a„ .,
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20
CODING: Words s#~e~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(5) Any local government transmitting a public school element to imple-
ment school concurrency pursuant to the requirements of s. 163.3180 before
the effective date of this section is not required to amend the element or any
interlocal agreement to conform with the provisions of this section if the
element is adopted prior to or within 1 year after the effective date of this
section and remains in effect until the countv conducts its evaluation and
apAraisal report and identifies changes necessary to more fullv conform to
the provisions of this section.
(6) Except as provided in subsection (7), municipalities meeting the ex-
emption criteria in s. 163.3177(12) ~^°^;r^~ ^ ^°+~~,r,~~,,,a ,,,,,,a ~ .. .,
~„~,,,,,~ ~,,,;r+<, ~„a ,,,o„+;,,m ,-~,~ ~ n,,,~>;,,m ,,,-;+o,.;~ are exempt from the re-
quirements of subsections (1), (2), and (3)_=
f~l Tl, .a' + + h 7 1, ~7' ~ ~ f~ '1'+' lr ~7 +7,
'cuizacixiv'rco~vs-"'~i-icia-icia "
ivix~-vctizr-iv-TcuF-a~~-av72`tti"--`~T'^vF~~^~9~'^~F$6~ i~6-~~'6~L~~e~ i~3 6. ~0~`~.~rd~
~e~'~6~°^~u~-v~cro-rZe-~3ev~L-se~E~er-€~Ei~~~i-s~ee~e~ 3~ *~i~~a~~E~p~~~~3:. .T~n
e
~~
(7) At the time of the evaluation and appraisal report, each exempt mu-
nicipality shall assess the extent to which it continues to meet the criteria
for exemption under s. 163.3177(12) °••~°^^~~^r ~~~. If the municipality con-
tinues to meet these criteria ^ra ~~^^ a~ *r~^+ „~,,,,.i ~,,,.,,.a r..;~„~ ; ..;+;,,,~
+~,.,+ .. ,.,,w~„i ~ ,,;i;~;,,~ ..,:n ~.,, ..,,,,a„a t ,;+t,;,, ~t,., ~_~,,,.,,. .,,,a i n_~,,,.,..
~~~es, the municipality shall continue to be exempt from the interlo-
cal-agreement requirement. Each municipality exempt under s.
163.3177(12) ~„~°°^+;^^ r~~ must comply with the provisions of this section
within 1 year after the district school board proposes, in its 5-year district
facilities work program, a new school within the municipality's jurisdiction.
Section 5. Paragraph (a) of subsection (1), subsection (2), paragraph (c)
of subsection (4), subsections (5), (6), (7), (9), (10), (13), and (15) of section
163.3180, Florida Statutes, are amended, and subsections (16) and (17) are
added to that section, to read:
163.3180 Concurrency.-
(1)(a) Sanitary sewer, solid waste, drainage, potable water, parks and
recreation, schools, and transportation facilities, including mass transit,
where applicable, are the only public facilities and services subject to the
concurrency requirement on a statewide basis. Additional public facilities
and services may not be made subject to concurrency on a statewide basis
without appropriate study and approval by the Legislature; however, any
local government may extend the concurrency requirement so that it applies
to additional public facilities within its jurisdiction.
(2)(a) Consistent with public health and safety, sanitary sewer, solid
waste, drainage, adequate water supplies, and potable water facilities shall
21
CODING: Words s~c-~e~ are deletions; words underlined are additions.
Ch. 2005-290 LAW9 OF FLORIDA Ch. 2005-290
(b) Consistent with the public welfare, and except as otherwise provided
in this section, parks and recreation facilities to serve new development
shall be in place or under actual construction no later than 1 year after
issuance by the local government of a certificate of occupancy or its func-
tional equivalent. However, the acreage for such facilities shall be dedicated
or be acquired by the local government prior to issuance by the local govern-
ment of a certificate of occupancy or its functional equivalent, or funds in the
amount of the developer's fair share shall be committed no later than ~~
f^ ;cc„~r^~ ~_, the local ~overnment's approval to commence construction
n„~,,,,,,,,,,,,,,+ „r „ ~,.,-;~;,,.,+„ „f ~,,,,,,,,.,,,,,~, „ ;+~ ~;,,,,,+;,,,..,i „ ,,,i,,,,~
(c) Consistent with the public welfare, and except as otherwise provided
in this section, transportation facilities ~°°;^~°+oa ~~ ,,,,.~ „~ +~,~ ~~,,,.;a.,
r„~,..,~+.,+o u;T~,~„~., c~,~+~,,, needed to serve new development shall be in
place or under actual construction within 3 years after the
(4)
(c) The concurrency requirement, except as it relates to transportation
facilities and public schools, as implemented in local government compre-
hensive plans, may be waived by a local government for urban infill and
redevelopment areas designated pursuant to s. 163.2517 if such a waiver
does not endanger public health or safety as defined by the local government
in its local government comprehensive plan. The waiver shall be adopted as
a plan amendment pursuant to the process set forth in s. 163.3187(3)(a). A
local government may grant a concurrency exception pursuant to subsection
(5) for transportation facilities located within these urban infill and redevel-
opment areas.
(5)(a) The Legislature finds that under limited circumstances dealing
with transportation facilities, countervailing planning and public policy
goals may come into conflict with the requirement that adequate public
facilities and sexvices be available concurrent with the impacts of such
development. The Legislature further finds that often the unintended result
of the concurrency requirement for transportation facilities is the discour-
agement of urban infill development and redevelopment. Such unintended
results directly conflict with the goals and policies of the state comprehen-
sive plan and the intent of this part. Therefore, exceptions from the concur-
22
CODING: Words s~~ are deletions; words underlined are additions.
be in place and available to serve new development no later than the issu-
ance by the local government of a certificate of occupancy or its functional
equivalent. Prior to approval of a building permit or its functional eauiva-
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
rency requirement for transportation facilities may be granted as provided
by this subsection.
(b) A local government may grant an exception from the concurrency
requirement for transportation facilities if the proposed development is oth-
erwise consistent with the adopted local government comprehensive plan
and is a project that promotes public transportation or is located within an
area designated in the comprehensive plan for:
l. Urban infill development,
2. Urban redevelopment,
3. Downtown revitalization, or
4. Urban infill and redevelopment under s. 1632517.
(c) The Legislature also finds that developments located within urban
infill, urban redevelopment, existing urban service, or downtown revitaliza-
tion areas or areas designated as urban infill and redevelopment areas
under s. 163.2517 which pose only special part-time demands on the trans-
portation system should be excepted from the concurrency requirement for
transportation facilities. A special part-time demand is one that does not
have more than 200 scheduled events during any calendar year and does not
affect the 100 highest traffic volume hours.
(d) A local government shall establish guidelines in the comprehensive
plan for granting the exceptions authorized in paragraphs (b) and (c) and
excentions.
area.
23
CODING: Words st~ea are deletions; words underlined are additions.
development of a long-term concurrenc~manag~ement system pursuant to
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
ss. 163.3177(3)(d) and 163.3180(9). ~^ +~,,, ,. ,,,,~,,,,,~;~,,, „i.,,, m-.,,,~„ ~.,,;a„
l;Y,.,~ ,,, ,~+ ;Y,.,1,,.7., ., ~;.a.,,..,+;.,,, .,F +1,,, ; .,.,+~ .,,, +1,., T.'1.,,.;.7~ T,~+...,~+.,+.,
~~g~i~,~s~e~a~e€~e~~~~AB~. The exceptions may be available
only within the specific geographic area of the jurisdiction designated in the
plan. Pursuant to s. 163.3184, any affected person may challenge a plan
amendment establishing these guidelines and the areas within which an
exception could be granted.
~g Transportation concurrencv exception areas existing prior to Jul~ 1'
2005, shall meet, at a minimum, the ~rovisions of this section bv Julv 1,
2006~ or at the time of the comprehensive plan update pursuant to the
evaluation and appraisal report, whichever occurs last.
(6) The Legislature finds that a de minimis impact is consistent with this
part. A de minimis impact is an impact that would not affect more than 1
percent of the ma~umum volume at the adopted level of service of the af-
fected transportation facility as determined by the local government. No
impact will be de minimis if the sum of existing roadway volumes and the
projected volumes from approved projects on a transportation facility would
exceed 110 percent of the maximum volume at the adopted level of service
of the affected transportation facility; provided however, that an impact of
a single family home on an existing lot will constitute a de minimis impact
on all roadways regardless of the level of the deficiency of the roadway. ~~
gere~e~~s~e~~~~ge~ +^ °a^^+ »,e~~e~al$g~cs~~e~~ge~
n~~ Further, no impact will be de m;n;mis if it would exceed the
adopted level-of-service standard of any affected designated hurricane evac-
uation routes. Each local government shall maintain sufficient records to
ensure that the 110-percent criterion is not exceeded. Each local g.overnment
shall submit annuall~ with its updated capital improvements element, a
summary of the de minimis records. If the state land plannin~a e~ncv deter-
mines that the 110-percent criterion has been exceeded, the state land plan-
nin~~v shall notifv the local government of the exceedance and that no
further de minimis exceptions for the applicable roadwav ma~ anted
until such time as the volume is reduced below the 110 percent. The local
e~overnment shall provide proof of this reduction to the state land plannin~
agencv before issuing further de minimis exceptions.
(7) In order to promote infill development and redevelopment, one or
more transportation concurrency management areas may be designated in
a local government comprehensive plan. A transportation concurrency man-
agement area must be a compact geographic area with an existing network
of roads where multiple, viable alternative travel paths or modes are avail-
able for common trips. A local government may establish an areawide level-
of-service standard for such a transportation concurrency management area
based upon an analysis that provides for a justification for the areawide
level of service, how urban inf`~ll development or redevelopment will be
promoted, and how mobility will be accomplished within the transportation
concurrency management area. Prior to the designation of a concurrency
management area, the Department of ZYansportation shall be consulted bv
the local government to assess the impact that the proposed concurrencv
24
CODING: Words s#~e~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
the evaluation and appraisal renort, whichever occurs last. The state land
planning agency shall amend chapter 9J-5, Florida Administrative Code, to
be consistent with this subsection.
(9)(a) Each local government may adopt as a part of its plan, ~a long-term
transportation and school concurrency management svstems s3~ea~ with a
planning period of up to 10 years for specially designated districts or areas
where significant backlogs exist. The plan may include interim level-of-
service standards on certain facilities and shall ~~ rely on the local govern-
ment's schedule of capital improvements for up to 10 years as a basis for
issuing development orders that authorize commencement of construction
~-~ks in these desi iated districts or areas. The concurrencv mana ement
s" sY tem-~ must be designed to correct existing deficiencies and set priorities
for addressing backlogged facilities. The concurrencv manag~ement svstem
~ must be financially feasible and consistent with other portions of the
adopted local plan, including the future land use map.
(b) If a local government has a transportation or school facilitv backlog
for existing development which cannot be adequately addressed in a 10-year
plan, the state land planning agency may allow it to develop a plan and long-
term schedule of capital improvements covering e€ up to 15 years for good
and sufficient cause, based on a general comparison between that local
government and all other similarly situated local jurisdictions, using the
following factors:
1. The extent of the backlog.
2. For roads, whether the backlog is on local or state roads.
3. The cost of eliminating the backlog.
4. The local government's tax and other revenue-raising efforts.
(c) The local g~overnment mav issue approvals to commence construction
notwithstandin~ s. 163.3180, consistent with and in areas that are subject
to a lon~-term concurrency mana~ement svstem.
(d) If the local government adopts a long-term concurrencv mana ement
svstem, it must evaluate the s sY tem periodicallv. At a minimum, the local
government must assess its progress toward improving levels of service
within the long-term concurrencv management district or area in the evalu-
ation and appraisal report and determine an.y chan~es that are necessary
to accelerate progress in meeting acceptable levels of service.
25
CODING: Words st,~e~ are deletions; words underlined are additions.
term concurrencv mana~ement svstem nursuant to ss. 163.3177(3)(d) and
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(10) With regard to roadwav facilities on the Strategic Intermodal Svs-
tem designated in accordance with ss. 339.61. 339.62 339.63 and 339 64
the Florida Intrastate Highway System as defined in s. 338.001, and road-
wav facilities funded in accordance with s. 3392819 ~_~~*~ ^^^^••-M~„^~ f^m
~~,t n~„~,.+,,,o„~ ~fm,.., +,,,-• +~, i i f ~ a a~ ~
r ~ (~~J/J t 1
lOS G9 ~ i GICRSiZa~Q CaGQO~ ~R~ ~e~~e~ ZII O ~~~ ~Fd~d~/; III6' VG GO~~I4ISG'S~S~
~ ~,C ~n n~ ~ ~~ ~'1 ~ ~1 ~~ +~ '~ ~~~~~
b~
+~,,, ~~,,,.;a., r„+,.., +„+„ u;,~~,.,,.,t, c., +,,,,,~ local governments shall adopt the
level-of-service standard established by the Department of Transportation
by rule. For all other roads on the State Highway System, local governments
shall establish an adequate level-of-service standard that need not be
consistent with any level-of-service standard established by the Department
of Transportation. In establishing adequate level-of-service standards for
anv arterial roads or collector roads as a~propriate which traverse multiple
jurisdictions. local governments shall consider compatibilitv with the road-
. r •i•, e i . i • . n . ~ . . . .. . . . ,. ..
poses of imnlementing its concurrencv mana~ement svstem. Counties are
encouraged to coordinate with adjacent counties. and local governments
within a countv are encoura~ed to coordinate, for the purpose of using
common methodologies for measurin~ impacts on transportation facilities
for the purpose of implementin~ their concurrencv mana~ement svstems.
(13) School concurrency, ~~'~^,^^~^a ~~~ ~^^~~ ^^~~^^, shall be established
on a districtwide basis and shall include all public schools in the district and
all portions of the district, whether located in a municipality or an unincor-
porated area unless exempt from the public school facilities element pursu-
ant to s. 163.3177(12). The application of school concurrency to development
shall be based upon the adopted comprehensive plan, as amended. All local
goverrunents within a county, except as provided in paragraph (~, shall
adopt and transmit to the state land planning agency the necessary plan
amendments, along with the interlocal agreement, for a compliance review
pursuant to s. 163.3184(7) and (8). ~^~^^~ ^ h^~~ ^^+ h~^^~^
o~ ,,,-; ~+. „+;i .,~i i ..~ ± + •a a
'_`----- ~ - --- - -----.,' ~_ ~ __.._ a_ . _----~~__ ,.~ ._.,~r.., .,.., i,_.,. _ ~ a" r.,.~...
~.~.,1, !F1 1,.,:,., .,.7...,F.,.7 +1,., ., .,1.... ., .~ + l,' 1, + 1-l,
> >
,,;+L. +},~, ;.,~n,.l.,n.,l ., f .7 + ,7 + l, 1' '+1. 47~
~
. The minimum requirements for school concur-
rency are the following:
(a) Public school facilities element.-A local government shall adopt and
transmit to the state land planning agency a plan or plan amendment which
includes a public school facilities element which is consistent with the re-
quirements of s. 163.3177(12) and which is determined to be in compliance
as defined in s. 163.3184(1)(b). All local government public school facilities
plan elements within a county must be consistent with each other as well
as the requirements of this part.
(b) Level-of-service standards.-The Legislature recognizes that an es-
sential requirement for a concurrency management system is the level of
service at which a public facility is expected to operate.
26
CODING: Words st,~e~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
l. Local governments and school boards imposing school concurrency
shall exercise authority in conjunction with each other to establish jointly
adequate level-of-service standards, as defined in chapter 9J-5, Florida Ad-
ministrative Code, necessary to implement the adopted local government
comprehensive plan, based on data and analysis.
2. Public school level-of-service standards shall be included and adopted
into the capital improvements element of the local comprehensive plan and
shall apply districtwide to all schools of the same type. ~pes of schools may
include elementary, middle, and high schools as well as special purpose
facilities such as magnet schools.
3. Local governments and school boards shall have the option to utilize
tiered level-of-service standards to allow time to achieve an adequate and
desirable level of service as circumstances warrant.
(c) Service areas.-The Legislature recognizes that an essential require-
ment for a concurrency system is a designation of the area within which the
level of service will be measured when an application for a residential devel-
opment permit is reviewed for school concurrency purposes. This delineation
is also important for purposes of determining whether the local government
has a financially feasible public school capital facilities program that will
provide schools which will achieve and maintain the adopted level-of-service
standards.
1. In order to balance competing interests, preserve the constitutional
concept of uniformity, and avoid disruption of existing educational and
growth management processes, local governments are encouraged to ini-
tiallv apply school concurrency to development o~ on a districtwide basis
so that a concurrency determination for a specific development will be based
upon the availability of school capacity districtwide. To ensure that develoA-
2. For local governments applying school concurrency on a less than
districtwide basis, such as utilizing school attendance zones or larger school
concurrency service areas, local governments and school boards shall have
the burden to demonstrate that the utilization of school capacity is maxi-
xnized to the greatest extent possible in the comprehensive plan and a.mend-
ment, taking into account transportation costs and court-approved desegre-
gation plans, as well as other factors. In addition, in order to achieve concur-
rency within the service area boundaries selected by local governments and
school boards, the sexvice area boundaries, together with the standards for
establishing those boundaries, shall be identified and; included as support-
ine data and analvsis for; ^a ^a^^*^a ~~ ^~-~r* o~ the comprehensive Alan.
3. Where school capacity is available on a districtwide basis but school
concurrency is applied on a less than districtwide basis in the form of concur-
27
CODING: Words s#~e~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
rency service areas, if the adopted level-of-service standard cannot be met
in a particular sexvice area as applied to an application for a development
permit and if the needed capacity for the particular service area is available
in one or more contiguous service areas, as adopted by the local government,
then the local ~overnment mav not den~an application for site plan or final
subdivision approval or the functional equivalent for a development or phase
of a development on the basis of school concurrencv, and if ^ro_~~r ~
issued, development impacts shall be shifted to contiguous service areas
with schools having available capacitv
ex-~#~.
(d) Financial feasibility.-The Legislature recognizes that financial fea-
sibility is an important issue because the premise of concurrency is that the
public facilities will be provided in order to achieve and maintain the
adopted level-of-service standard. This part and chapter 9J-5, Florida Ad-
ministrative Code, contain specific standards to determine the financial
feasibility of capital programs. These standards were adopted to make con-
currency more predictable and local governments more accountable.
1. A comprehensive plan amendment seeking to impose school concur-
rency shall contain appropriate amendments to the capital improvements
element of the comprehensive plan, consistent with the requirements of s.
163.3177(3) and rule 9J-5.016, Florida Administrative Code. The capital
improvements element shall set forth a financially feasible public school
capital facilities program, established in conjunction with the school board,
that demonstrates that the adopted level-of-service standards will be
achieved and maintained.
2. Such amendments shall demonstrate that the public school capital
facilities program meets all of the financial feasibility standards of this part
and chapter 9J-5, Florida Administrative Code, that apply to capital pro-
grams which provide the basis for mandatory concurrency on other public
facilities and services.
3. When the financial feasibility of a public school capital facilities pro-
gram is evaluated by the state land planning agency for purposes of a
compliance determination, the evaluation shall be based upon the service
areas selected by the local governments and school board.
(e) Availability standard.-Consistent with the public welfare, a local
government may not deny an application for site plan, final subdivision
approval, or the functional equivalent for a development or phase of a devel-
opment ~k authorizing residential development for failure to achieve
and maintain the level-of-service standard for public school capacity in a
local e~ie~ school concurrency management system where adequate school
facilities will be in place or under actual construction within 3 years after
the ~e~i~ issuance of final subdivision or site plan approval, or the func-
tional equivalent. School concurrencv shall be satisfied if the developer
executes a legally bindin~ commitment to provide miti~ation proportionate
to the demand for public school facilities to be created bv actual development
of the propertv, including~, but not limited to, the options described in sub-
Aaraeranh 1. OAtions for AroAOrtionate-share miti~ation of imnacts on nub-
28
CODING: Words st,~~a are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
lic school facilities shall be established in the public school facilities element
and the interlocal a~-reement pursuant to s. 163.31777.
2. If the education facilities plan and the public educational facilities
element authorize a contribution of land: the construction, expansion, or
or ~avment toward anv other impact fee or exaction imposed bv local ordi-
nance for the same need, on a dollar-for-dollar basis at fair market value.
(fl Intergovernmental coordination.
1. When establishing concurrency requirements for public schools, a local
government shall satisfy the requirements for intergovernmental coordina-
tion set forth in s. 163.3177(6)(h)1. and 2., except that a municipality is not
required to be a signatory to the interlocal agreement required by ss. s:
163.3177(6)(h)2. and 163.31777(6), as a prerequisite for imposition of school
concurrency, and as a nonsignatory, shall not participate in the adopted
local school concurrency system, if the municipality meets all of the follow-
ing criteria for having no significant impact on school attendance:
a. The municipality has issued development orders for fewer than 50
residential dwelling units during the preceding 5 years, or the municipality
has generated fewer than 25 additional public school students during the
preceding 5 years.
b. The municipality has not annexed new land during the preceding 5
years in land use categories which permit residential uses that will affect
school attendance rates.
29
CODING: Words st~e~ are deletions; words underlined are additions.
ment agreement, the local ~overnment may require the landowner to agree
to' continuing renewal of the aereement upon its expiration.
4. This para r~aph does not limit the authoritv of a local ~overnment to
denv a development permit or its functional equivalent pursuant to its
home-rule regulator~uowers, except as provided in this part.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
c. The municipality has no public schools located within its boundaries.
d. At least 80 percent of the developable land within the boundaries of
the municipality has been built upon.
2. A municipality which qualifies as having no sign~cant impact on
school attendance pursuant to the criteria of subparagraph 1. must review
and determine at the time of its evaluation and appraisal report pursuant
to s. 163.3191 whether it continues to meet the criteria pursuant to s.
163.31777(6). If the municipality determines that it no longer meets the
criteria, it must adopt appropriate school concurrency goals, objectives, and
policies in its plan amendments based on the evaluation and appraisal
report, and enter into the existing interlocal agreement required by ss. rT
163.3177(6)(h)2. and 163.31777, in order to fully participate in the school
concurrency system. If such a municipality fails to do so, it will be subject
to the enforcement provisions of s. 163.3191.
(g) Interlocal agreement for school concurrency.-When establishing
concurrency requirements for public schools, a local government must enter
into an interlocal agreement that ~c-~ satisfies the requirements in ss. s:
163.3177(6)(h)1. and 2. and 163.31777 and the requirements of this subsec-
tion. The interlocal agreement shall acknowledge both the school board's
constitutional and statutory obligations to provide a uniform system of free
public schools on a countywide basis, and the land use authority of local
governments, including their authority to approve or deny comprehensive
plan amendments and development orders. The interlocal agreement shall
be submitted to the state land planning agency by the local government as
a part of the compliance review, along with the other necessary amendments
to the comprehensive plan required by this part. In addition to the require-
ments of ss. ~ 163.3177(6)(h) and 163.31777, the interlocal agreement shall
meet the following requirements:
1. Establish the mechanisms for coordinating the development, adoption,
and amendment of each local government's public school facilities element
with each other and the plans of the school board to ensure a uniform
districtwide school concurrency system.
a-aoo^a~~'~~'^~'`. '~-~^~.r^occE6 ~j"-~iT~33E:~i-P.i~E~~BF.&~9V , ••+ ....tl ~1..~ ~..,1.....1
h...,...7 1-,~71 .,.7 1~.., o +l,o;,. .,7.,,,~ „ ;~+o„+ ., .,..+;.,.,~ .,f' +L,
~.~ ......,., .,~a., t,~... .,_~ ...,~_.._.. _., 1..~'~J~.., _., ..- "--
) )
t....~......~....., ..... 1.~...1....,.,.a., ~..~ ... ...~.,t.~~...~a.. ...~~.~ ~...~.....~.,t.'~„".,f .,.~'.~ ~"__.,.
+,-,,..+,,,.., .. ,.~.7 +., .,,.f .,,,1,1;., ~~1~,,,~1 f ~;1;+;.,~
2.~ Establish a process for the development of siting criteria which en-
courages the location of public schools proximate to urban residential areas
to the extent possible and seeks to collocate schools with other public facili-
ties such as parks, libraries, and community centers to the extent possible.
3.¢ Specify uniform, districtwide level-of-service standards for public
schools of the same type and the process for modifying the adopted level-of-
service standards.
30
CODING: Words st,~e~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF F'I.ORIDA Ch. 2005-290
4.~ Establish a process for the preparation, amendment, and joint ap-
proval by each local government and the school board of a public school
capital facilities program which is financially feasible, and a process and
schedule for incorporation of the public school capital facilities program into
the local government comprehensive plans on an annual basis.
5.~ Define the geographic application of school concurrency. If school
concurrency is to be applied on a less than districtwide basis in the form of
concurrency service areas, the agreement shall establish criteria and stand-
ards for the establishment and modification of school concurrency sexvice
areas. The agreement shall also establish a process and schedule for the
mandatory incorporation of the school concurrency service areas and the
criteria and standards for establishment of the service areas into the local
government comprehensive plans. The agreement shall ensure maximum
utilization of school capacity, taking into account transportation costs and
court-approved desegregation plans, as well as other factors. The agreement
shall also ensure the achievement and maintenance of the adopted level-of=
service standards for the geographic area of application throughout the 5
years covered by the public school capital facilities plan and thereafter by
adding a new fifth year during the annual update.
6.~ Establish a uniform districtwide procedure for implementing school
concurrency which provides for:
a. The evaluation of development applications for compliance with school
concurrency requirements, including information provided bv the school
capacity;
b. An opportunity for the school board to review and comment on the
effect of comprehensive plan amendments and rezonings on the public school
facilities plan; and
c. The monitoring and evaluation of the school concurrency system.
7.~ Include provisions relating to , , amend-
ment of the a~reement. m~,_ ~ _____„+ _~,.,n __ _ •ao +~,.,~ •~+~,,, .,~ „+
8 A process and uniform methodoloQV for determining proportionate-
share miti a~on pursuant to subparagraph (e)1.
(15)(a) Multimodal transportation districts may be established under a
local government comprehensive plan in areas delineated on the future land
use map for which the local comprehensive plan assigns secondary priority
to vehicle mobility and primary priority to assuring a safe, comfortable, and
attractive pedestrian environment, with convenient interconnection to tran-
sit. Such districts must incorporate community design features that will
31
CODING: Words ~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLOftIDA Ch. 2005-290
reduce the number of automobile trips or vehicle miles of travel and will
support an integrated, multimodal transportation system. Prior to the desie'-
s. 3392819. Further, the local government shall, in cooperation with the
Department of Transportation, develo~a ulan to mitigate anv impacts to the
Strategic Intermodal Svstem, including the development of a lon~~ term con-
currencv management svstem pursuant to ss. 163.3177(3)(d) and
163.3180(9). Multimodal transportation districts existing prior to Jul ~~1,
2005 shall meet, at a minimum, the provisions of this section bv Jul ~~1,
2006, or at the time of the comprehensive plan update pursuant to the
evaluation and appraisal report, whichever occurs last.
(b) Community design elements of such a district include: a complemen-
tary mu~ and range of land uses, including educational, recreational, and
cultural uses; interconnected networks of streets designed to encourage
walking and bicycling, with traffic-calming where desirable; appropriate
densities and intensities of use within walking distance of transit stops;
daily activities within walking distance of residences, allowing indepen-
dence to persons who do not drive; public uses, streets, and squares that are
safe, comfortable, and attractive for the pedestrian, with adjoining buildings
open to the street and with parking not interfering with pedestrian, transit,
automobile, and truck travel modes.
(c) Local goverrunents may establish multimodal level-of-sexvice stand-
ards that rely primarily on nonvehicular modes of transportation within the
district, when justified by an analysis demonstrating that the existing and
planned community design will provide an adequate level of mobility within
the district based upon professionally accepted multimodal level-of-service
methodologies.
~i„~;a.. T„+,...~+.,+„ u;m~..,,.,~, et,~+,,,,,, The analysis must also demonstrate
that the capital improvements required to promote community design are
financially feasible over the development or redevelopment timeframe for
the district and that community design features within the district provide
convenient interconnection for a multimodal transportation system. Local
governments may issue development permits in reliance upon all planned
community design capital improvements that are financially feasible over
the development or redevelopment timeframe for the district, without re-
gard to the period of time between development or redevelopment and the
scheduled construction of the capital improvements. A determination of
financial feasibility shall be based upon currently available funding or fund-
ing sources that could reasonably be expected to become available over the
planning period.
(d) Local governments may reduce impact fees or local access fees for
development within multimodal transportation districts based on the reduc-
tion of vehicle trips per household or vehicle miles of travel expected from
the development pattern planned for the district.
32
CODING: Words s~e~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(16) It is the intent of the Legislature to provide a method bv which the
impacts of development on transportation facilities can be mitie~ated bv the
cooperative efforts of the public and private sectors. The methodoloav used
to calculate proportionate fair-share miti~ation under this section shall be
as provided for in s. 163.3180(12).
(a) Bv December 1 2006 each local government shall adopt bv ordinance
a methodolog,y for assessin~nroportionate fair-share mitigation options. Bv
December 1 2005 the Department of Tran~ortation shall develop a model
transportation concurrencv management ordinance with methodoloeies for
assessiri~nroportionate fair-share mitigation options.
(b)1 In its transportation concurrencv management system, a local gov-
ernment shall b~December 1, 2006, include methodologies that will be
ap„plied to calculate proportionate fair-share mitigation. A developer mav
choose to satisfv all transportation concurrencv requirements by contribut-
ing or Aavin~nroportionate fair-share mitigation if transportation facilities
or facilitv segments identified as mitigation for traffic impacts are snecifi-
cally identified for funding in the 5-Year schedule of capital improvements
in the capital improvements element of the local plan or the long-term
concurrency management svstem or if such contributions or Aavments to
such facilities or se~nents are reflected in the 5-vear schedule of capital
improvements in the next regularlv scheduled update of the capital imnrove-
ments element Updates to the 5-vear capital improvements element which
reflect proportionate fair-share contributions mav not be found not in com-
pliance based on s 163_3177(3) and s. 163.164(32) if additional contribu-
2 Proportionate fair-share mitigation shall be applied as a credit a~'ainst
impact fees to the extent that all or a portion of the proportionate fair-share
mitig~ation is used to address the same capital infrastructure improvements
contemplated bv the local ~overnment's impact fee ordinance.
the local ~overnment. The fair market value of the proportionate fair-share
mitip~ation shall not differ based on the form of mitie~ation. A local ~overn-
ment may not require a develonment to pav more than its proportionate fair-
share contribution regardless of the method of miti~ation.
tions.
(e) Miti~ation for development impacts to facilities on the Strate~ic In-
termodal Svstem made Qursuant to this subsection requires the concurrence
of the Department of Transportation.
33
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
Section 6. Subsections (17) and (18) are added to section 163.3184, Flor-
ida Statutes, to read:
34
CODING: Words st~c~ are deletions; words underlined are additions.
(h) The provisions of this subsection do not applv to a multiuse develon-
ment of re~ional impact satisfving the requirements of subsection (12).
163.3184 Process for adoption of comprehensive plan or plan amend-
ment.-
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
Section 7. Paragraph (c) of subsection (1) is amended and paragraph (o)
is added to section 163.3187, Florida Statutes, to read:
163.3187 Amendment of adopted comprehensive plan.-
(1) Amendments to comprehensive plans adopted pursuant to this part
may be made not more than two times during any calendar year, except:
(c) Any local government comprehensive plan amendments directly re-
lated to proposed small scale development activities may be approved with-
out regard to statutory limits on the frequency of consideration of amend-
ments to the local comprehensive plan. A small scale development amend-
ment may be adopted only under the following conditions:
1. The proposed amendment involves a use of 10 acres or fewer and:
a. The cumulative annual effect of the acreage for all small scale develop-
ment amendments adopted by the local government shall not exceed:
(I) A maximum of 120 acres in a local government that contains areas
specifically designated in the local comprehensive plan for urban infill,
urban redevelopment, or downtown revitalization as defined in s. 163.3164,
urban infill and redevelopment areas designated under s. 1632517, trans-
portation concurrency exception areas approved pursuant to s. 163.3180(5),
or regional activity centers and urban central business districts approved
pursuant to s. 380.06(2)(e); however, amendments under this paragraph
may be applied to no more than 60 acres annually of property outside the
designated areas listed in this sub-sub-subparagraph. Amendments adopted
pursuant to paragraph (k) shall not be counted toward the acreage 1'unita-
tions for small scale amendments under this paragraph.
(II) A maximum of 80 acres in a local government that does not contain
any of the designated areas set forth in sub-sub-subparagraph (I).
(III) A maximum of 120 acres in a county established pursuant to s. 9,
Art. VIII of the State Constitution.
b. The proposed amendment does not involve the same property granted
a change within the prior 12 months.
c. The proposed amendment does not involve the same owner's property
within 200 feet of property granted a change within the prior 12 months.
35
CODING: Words st~e~ are deletions; words underlined are additions.
mrtted under this subsection are exempt irom tne iimrtation on tne rre-
guencv of plan amendments in s. 163.3187.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
d. The proposed amendment does not involve a text change to the goals,
policies, and objectives of the local government's comprehensive plan, but
only proposes a land use change to the future land use map for a site-specific
small scale development activity.
e. The property that is the subject of the proposed amendment is not
located within an area of critical state concern, unless the project subject to
the proposed amendment involves the construction of affordable housing
units meeting the criteria of s. 420.0004(3), and is located within an area of
critical state concern designated by s. 380.0552 or by the Administration
Commission pursuant to s. 380.05(1). Such amendment is not subject to the
density limitations of sub-subparagraph f., and shall be reviewed by the
state land planning agency for consistency with the principles for guiding
development applicable to the area of critical state concern where the
amendment is located and shall not become effective until a final order is
issued under s. 380.05(6).
f. If the proposed amendment involves a residential land use, the resi-
dential land use has a density of 10 units or less per acre or the proposed
future land use categorv, except that this limitation does not apply to small
Finance of the State Board of Administration, or small scale amendments
described in sub-sub-subparagraph a.(I) that are designated in the local
comprehensive plan for urban infill, urban redevelopment, or downtown
revitalization as defined in s. 163.3164, urban infill and redevelopment
areas designated under s. 163.2517, transportation concurrency exception
areas approved pursuant to s. 163.3180(5), or regional activity centers and
urban central business districts approved pursuant to s. 380.06(2)(e).
2.a. A local government that proposes to consider a plan amendment
pursuant to this paragraph is not required to comply with the procedures
and public notice requirements of s. 163.3184(15)(c) for such plan amend-
ments if the local government complies with the provisions in s. 125.66(4)(a)
for a county or in s. 166.041(3)(c) for a municipality. If a request for a plan
amendment under this paragraph is initiated by other than the local govern-
ment, public notice is required.
b. The local government shall send copies of the notice and amendment
to the state land planning agency, the regional planning council, and any
other person or entity requesting a copy. This information shall also include
a statement identifying any property subject to the amendment that is
located within a coastal high hazard area as identified in the local compre-
hensive plan.
3. Small scale development amendments adopted pursuant to this para-
graph require only one public hearing before the governing board, which
36
CODING: Words st~eA are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLOftIDA Ch. 2005-290
shall be an adoption hearing as described in s. 163.3184(7), and are not
subject to the requirements of s. 163.3184(3)-(6) unless the local government
elects to have them subject to those requirements.
(d) Any comprehensive plan amendment required by a compliance agree-
ment pursuant to s. 163.3184(16) may be approved without regard to statu-
tory limits on the frequency of adoption of amendments to the comprehen-
sive plan.
(e) A comprehensive plan amendment for location of a state correctional
facility. Such an amendment may b~ made at any time and does not count
toward the limitation on the frequency of plan amendments.
(~ Any comprehensive plan amendment that changes the schedule in the
capital improvements element, and any amendments directly related to the
schedule, may be made once in a calendar year on a date different from the
two times provided in this subsection when necessary to coincide with the
adoption of the local government's budget and capital improvements pro-
gram.
(g) Any local government comprehensive plan amendments directly re-
lated to proposed redevelopment of brownfield areas designated under s.
376.80 may be approved without regard to statutory 1'units on the frequency
of consideration of amendments to the local comprehensive plan.
(h) Any comprehensive plan amendments for port transportation facili-
ties and projects that are eligible for funding by the Florida Seaport ~ans-
portation and Economic Development Council pursuant to s. 311.07.
(i) A comprehensive plan amendment for the purpose of designating an
urban infill and redevelopment area under s. 163.2517 may be approved
without regard to the statutory limits on the frequency of amendments to
the comprehensive plan.
(j) Any comprehensive plan amendment to establish public school con-
currency pursuant to s. 163.3180(13), including, but not limited to, adoption
of a public school facilities element and adoption of amendments to the
capital improvements element and intergovernmental coordination ele-
ment. In order to ensure the consistency of local government public school
facilities elements within a county, such elements shall be prepared and
adopted on a similar time schedule.
37
CODING: Words s#,~k~ are deletions; words underlined are additions.
plan amendment shall underg~o nublic review to ensure that all concurrencv
requirements and federal, state, and local environmental permit require-
ments are met.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(k} A local comprehensive plan amendment directly related to providing
transportation unprovements to enhance life safety on Controlled Access
Major Arterial Highways ident~ed in the Florida Intrastate Highway Sys-
tem, in counties as defined in s. 125.011, where such roadways have a high
incidence of traffic accidents resulting in serious injury or death. Any such
amendment shall not include any amendment modifying the designation on
a comprehensive development plan land use map nor any amendment modi-
fying the allowable densities or intensities of any land.
(1) A comprehensive plan amendment to adopt a public educational facili-
ties element pursuant to s. 163:31776 and future land-use-map amendments
for school siting may be approved notwithstanding statutory limits on the
frequency of adopting plan amendments.
(m) A comprehensive plan amendment that addresses criteria or compat-
ibility of land uses adjacent to or in close proximity to military installations
in a local government's future land use element does not count toward the
limitation on the frequency of the plan amendments.
(n) Any local government comprehensive plan amendment establishing
or implementing a rural land stewardship area pursuant to the provisions
of s. 163.3177(11)(d).
(o) A comprehensive plan amendment that is submitted bv an area desi~
nated by the Governor as a rural area of critical economic concern under s.
288.0656(7) and that meets the economic development objectives maY be
approved without regard to the statutorv limits on the frequencv of adoption
of amendments to the comprehensive plan.
Section 8. Subsections (2) and (10) of section 163.3191, Florida Statutes,
are amended to read:
163.3191 Evaluation and appraisal of comprehensive plan.-
(2) The report shall present an evaluation and assessment of the compre-
hensive plan and shall contain appropriate statements to update the com-
prehensive plan, including, but not limited to, words, maps, illustrations, or
other media, related to:
(a) Population growth and changes in land area, ineluding annegation,
since the adoption of the original plan or the most recent update amend-
ments.
(b) The extent of vacant and developable land.
(c) The financial feasibility of implementing the comprehensive plan and
of providing needed infrastructure to achieve and maintain adopted level-of-
service standards and sustain concurrency management systems through
the capital improvements element, as well as the ability to address infra-
structure backlogs and meet the demands of growth on public services and
facilities.
(d) The location of e~usting development in relation to the location of
development as anticipated in the original plan, or in the plan as amended
38
CODING: Words s#~ie~ea are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
by the most recent evaluation and appraisal report update amendments,
such as within areas designated for urban growth.
(e) An identification of the major issues for the jurisdiction and, where
pertinent, the potential social, economic, and environmental impacts.
(fl Relevant changes to the state comprehensive plan, the requirements
of this part, the minimum criteria contained in chapter 9J-5, Florida Admin-
istrative Code, and the appropriate strategic regional policy plan since the
adoption of the original plan or the most recent evaluation and appraisal
report update amendments.
(g) An assessment of whether the plan objectives within each element,
as they relate to major issues, have been achieved. The report shall include,
as appropriate, an identification as to whether unforeseen or unanticipated
changes in circumstances have resulted in problems or opportunities with
respect to major issues identified in each element and the social, economic,
and environmental impacts of the issue.
(h) A brief assessment of successes and shortcomings related to each
element of the plan.
(i) The identification of any actions or corrective measures, including
whether plan amendments are anticipated to address the major issues iden-
tified and analyzed in the report. Such identification shall include, as appro-
priate, new population projections, new revised planning timeframes, a re-
vised future conditions map or map series, an updated capital improvements
element, and any new and revised goals, objectives, and policies for major
issues identified within each element. This paragraph shall not require the
submittal of the plan amendments with the evaluation and appraisal report.
(j) A summary of the public participation program and activities un-
dertaken by the local government in preparing the report.
(k) The coordination of the comprehensive plan with existing public
schools and those identified in the applicable educational facilities plan
adopted pursuant to s. 1013.35. The assessment shall address, where rele-
vant, the success or failure of the coordination of the future land use map
and associated planned residential development with public schools and
their capacities, as well as the joint decisionmaking processes engaged in by
the local government and the school board in regard to establishing appro-
priate population projections and the planxung and siting of public school
39
CODING: Words st~e~er~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(1)
facilities, including development of alternative water supplies, 'T'~~
~;,,,, .., ,~~ ,. ~;ao.. +~,,, ~ „+o ~ .,+,,.. ,., „+ a;~+..;,.+~~ .,i
~ .,«~ .;.r,r,~'~i.~_"_.._.,~ ...r...~_ _~.,v_oaomo--- .~_-----" '`-'a-~„---
~f., „l:, „1 ~L~ „4 +n 274 (1QL:~. ~~p^vi~~~::~uv°c
i,,..,,,,,+ ,,, ,~+ t,,, ,. ~„a ~,. ;..,.i,,,a„ ., ,,,ar ..i„~ .,+ i,,.,~+ ~ i n .
~.xc~._.~«., ~y.~.,., .,~ a ~ . ~...~.~ ..., ___.,_..~~ » .. .._ _~ r'.,.--e -_ . ----~-a - ---'-- - -- r~~~'
„i„~,,;,,K „ ,.,a r ,. ~,,,;ia;,,,, ., „+~,. ~ „~., ~.,,,;i;+;~~ ~i,~+ ~ o identified
~
in the element as necessary to serve existing and new development a~'e~
«,~,;,,~, +~,,, i,,,.,,i .~ „~ ; ~;~,i„
(m) If any of the jurisdiction of the local government is located within the
coastal high-hazard area, an evaluation of whether any past reduction in
land use density impairs the property rights of current residents when
redevelopment occurs, including, but not limited to, redevelopment follow-
ing a natural disaster. The property rights of current residents shall be
balanced with public safety considerations. The local government must iden-
tify strategies to address redevelopment feasibility and the property rights
of affected residents. These strategies may include the authorization of
redevelopment up to the actual built density in existence on the property
prior to the natural disaster or redevelopment.
(n) An assessment of whether the criteria adopted pursuant to s.
163.3177(6)(a) were successful in achieving compatibility with military in-
stallations.
(o) The extent to which a concurrencv exception area designated pursu-
otherwise complies with the provisions of s. 163.3180.
to s: 163.3180(10).
(10) The governing body shall amend its comprehensive plan based on
the recommendations in the report and shall update the comprehensive plan
based on the components of subsection (2), pursuant to the provisions of ss.
163.3184, 163.3187, and 163.3189. Amendments to update a comprehensive
plan based on the evaluation and appraisal report shall be adopted durin
a sin~le amendment cvcle within 18 months after the report is determined
to be sufficient by the state land planning agency, except the state land
planning agency may grant an extension for adoption of a portion of such
amendments. The state land planning agency may grant a 6-month exten-
sion for the adoption of such amendments if the request is justified by good
and sufficient cause as determined by the agency. An additional extension
40
CODING: Words s~~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
may also be granted if the request will result in greater coordination be-
tween transportation and land use, for the purposes of improving Florida's
transportation system, as determined by the agency in coordination with the
Metropolitan Planning Organization program. Beginnin,~ Julv 1, 2006, fail-
prohibition on plan amendments shall commence when the update amend-
ments to the comprehensive plan are past due. The comprehensive plan as
amended shall be in compliance as defined in s. 163.3184(1)(b). Within 6
Section 9. Paragraph (b) of subsection (4) of section 339.135, Florida
Statutes, is amended to read:
339.135 Work program; legislative budget request; definitions; prepara-
tion, adoption, execution, and amendment.-
(4) FUNDING AND DEVELOPING A TENTATIVE WORK PRO-
GRAM.-
(b)1. A tentative work program, including the ensuing fiscal year and the
successive 4 fiscal years, shall be prepared for the State Transportation
Trust Fund and other funds managed by the department, unless otherwise
provided by law. The tentative work program shall be based on the district
work programs and shall set forth all projects by phase to be undertaken
during the ensuing fiscal year and planned for the successive 4 fiscal years.
The total amount of the liabilities accruing in each fiscal year of the tenta-
tive work program may not exceed the revenues available for expenditure
during the respective fiscal year based on the cash forecast for that respec-
tive fiscal year.
2. The tentative work program shall be developed in accordance with the
Florida Transportation Plan required in s. 339.155 and must comply with
the program funding levels contained in the program and resource plan.
3. The department may include in the tentative work program proposed
changes to the programs contained in the previous work program adopted
pursuant to subsection (5); however, the department shall minimize changes
and adjustments that affect the scheduling of project phases in the 4 com-
mon fiscal years contained in the previous adopted work program and the
tentative work program. The department, in the development of the tenta-
tive work program, shall advance by 1 fiscal year all projects included in the
second year of the previous year's adopted work program, unless the secre-
tary specifically deternunes that it is necessary, for specific reasons, to
reschedule or delete one or more projects from that year. Such changes and
adjustments shall be clearly identified, and the effect on the 4 common fiscal
years contained in the previous adopted work program and the tentative
41
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
work program shall be shown. It is the intent of the Legislature that ~~k
~i •a., r„+,.~ ~.,+~ u;m~,~,,.,t, e~,~+~,,, ~ra the first 3 years of the adopted work
program stand as the commitment of the state to undertake transportation
projects that local governments may rely on for planning and concurrencv
purposes and in the development and amendment of the capital improve-
ments elements of their local government comprehensive plans.
4. The tentative work program must include a balanced 36-month fore-
cast of cash and expenditures and a 5-year finance plan supporting the
tentative work program.
Section 10. The Office of Proeram Policv Analvsis and Government Ac-
Section 11. Section 163.3247, Florida Statutes, is created to read:
163.3247 Century Commission for a Sustainable Florida.-
(1) POPULAR, NAME.-This section mav be cited as the "Centurv Com-
mission for a Sustainable Florida Act."
participation.
42
CODING: Words ~ are deletions; words underlined are additions.
nor bv Januarv 15, 2006.
(a) The commission shall consist of fifteen members, five appointed bv
the Governor five ~AOinted bv the President of the Senate, and five an-
~ointed b~the Speaker of the House of Representatives. Apnointments shall
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
be made no later than October 1. 2005. The membership must represent
local governments, school boards, developers and homebuilders, the busi-
(b) The first meeting of the commission shall be held no later than De-
cember 1. 2005, and shall meet at the call of the chair but not less frequently
than three times per vear in different re~ions of the state to solicit in~ut
from the public or anv other individuals offering testimon~relevant to the
issues to be considered.
(c) Each member of the commission is entitled to one vote and actions of
the commission are not binding unless taken bv a three-fifths vote of the
members present. A majoritv of the members is required to constitute a
quorum, and the affirmative vote of a quorum is required for a binding vote.
(d) Members of the commission shall serve without compensation but
shall be entitled to receive ber diem and travel expenses in accordance with
s. 112.061 while in performance of their duties.
(4) POWERS AND DUTIES.-The commission shall:
(a) Annuallv conduct a process throu~h which the commission envisions
the future for the state and then develops and recommends policies, plans•
action steps, or strategies to assist in achieving the vision.
(b) Continuouslv review and consider statutorv and re ator~provi-
sions. ~overnmental processes, and societal and economic trends in its in-
auirv of how state, re~ional, and local ~overnments and entities and citizens
of this state can best accommodate projected increased populations while
maintaining the natural, historical, cultural, and manmade life qualities
that best represent the state.
(c) Brin~together people representing varied interests to develo~ a
shared image of the state and its developed and natural areas. The process
should involve exploring the impact of the estimated poAUlation increase
and other emerging trends and issues; creatin~ a vision for the future: and
developing a strateaic action plan to achieve that vision usin~=vear and
50-vear intermediate planning timeframes.
(d) Focus on essential state interests, defined as those interests that
transcend local or re~ional boundaries and are most appropriatelv con-
served, protected, and promoted at the state level.
43
CODING: Words s#,~i~l~ are deletions; words underlined are additions.
serve 4-vear terms, except that, initially, to provide for staggered terms, the
Governor, the President of the Senate, and the Speaker of the House of
Representatives, shall each appoint one member to serve a 2-vear term, two
members to serve 3-vear terms, and two members to serve 4-year terms. All
subsequent aApointments shall be for 4-vear terms. An a~pointee mav not
serve more than 6 vears.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
~b) The Department of Community Affairs shall`provide staff and other
resources necessarv to accomplish the ~oals of the commission based upon
recommendations of the Governor.
(c) All agencies under the control of the Governor are directed, and all
other a~encies are requested, to render assistance to, and coonerate with,
the commission.
Section 12. Section 3392819, Florida Statutes, is created to read:
44
CODING: Words s~e~ are deletions; words underlined are additions.
~e) Serve as an objective, nonpartisan repository of exemplarv communi-
tv-buildin~ ideas and as a source to recommend strate~ies and practices to
assist others in workin~ collaboratively to problem solve on issues relating
to ~rowth management.
(5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.-
3392819 Transportation Regional Incentive Pro~ram.-
(3) The department shall allocate fundin~ available for the Transporta-
tion Re~ional Incentive Program to the districts based on a factor derived
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
from equal parts of population and motor fuel collections for elieible counties
in regional transportation areas created pursuant to s. 339.155(5).
(4)(a) Projects to be funded with Transportation Re~ional Incentive Pro-
9ram funds shall, at a minimum:
l. Support those transportation facilities that serve national. statewide.
or regional functions and function as an integrated regional transportation
s sy tem•
4. Have a commitment for local, re~ional, or private financial matching
funds as a percentage of the overall project cost.
(b) In allocating Transportation Regional Incentive Program funds, pri-
ority shall be given to projects that:
1. Provide connectivitv to the Strate~ic Intermodal Svstem developed
under s. 339.64.
2. Support economic development and the movement of goods in rural
areas of critical economic concern designated under s. 288.0656(7).
(5) Funds paid into the State Transportation ZYust Fund pursuant to s.
201.15(1)(d) for the purposes of the Transportation Regional Incentive Pro-
gram are herebv annuallv appropriated for expenditure to su~port that
program.
Section 13. Section 337.107, Florida Statutes, is amended to read:
337.107 Contracts for right-of-way services.-The department may enter
into contracts pursuant to s. 287.055 for right-of-way services on transporta-
tion corridors and transportation facilities, or the department mav include
right-of-way services as part of design-build contracts awarded under s.
337.11. Right-of-way services include negotiation and acquisition services,
appraisal services, demolition and removal of improvements, and asbestos-
abatement services.
45
CODING: Words s~e~ are deletions; words underlined are additions.
3. Be consistent with the Strateg.ic Intermodal Svstem Plan developed
under s. 339.64.
4. Improve connectivity between militarv installations and the Strategic
Highwav Network or the Strategic Rail Corridor Network.
Ch. 20Q5-290 LAWS OF FLORIDA Ch. 2005-290
Section 14. Effective July 1, 2007, section 337.107, Florida Statutes, as
amended by this act is amended to read:
337.107 Contracts for right-of-way services.-The department may enter
into contracts pursuant to s. 287.055 for right-of-way services on transporta-
tion corridors and transportation facilities, ^~- +~.o ao.,,,.+,,,o„+ ,,,.,t, ;,,,,~„a„
~,-7,+_.,f'tr,.,t~ ~ .,,-+ .,F ~~ ;.,~., h,,;l.a ., „1-...,,,~.. ., „ .7 .7 .7
~-~. Right-of-way services include negotiation and acquisition services,
appraisal services, demolition and removal of improvements, and asbestos-
abatement services.
Section 15. Paragraph (a) of subsection (7) of section 337.11, Florida
Statutes, is amended to read:
337.11 Contracting authority of department; bids; emergency repairs,
supplemental agreements, and change orders; combined design and con-
struction contracts; progress payments; records; requirements of vehicle
registration.-
(7)(a) If the head of the department determines that it is in the best
interests of the public, the department may combine the right-of-wa,v ser-
vices and design and construction phases of a~ ~~~~a~~r~a~,
° ~~~^~~°a ° ° ~^^~~~~~~ ^~~ ^ -~•^a^r project into a single contract,
,
337.025. Such contract is referred to as a design-build contract. Design-build
contracts may be advertised and awarded notwithstanding the require-
ments of paragraph (3)(c). However, construction activities may not begin
on any portion of such projects until title to the necessary rights-of-way and
easements for the construction of that portion of the project has vested in
the state or a local governmental entity and all railroad crossing and utility
agreements have been executed. Title to rights-of-way vests in the state
when the title has been dedicated to the public or acquired by prescription.
Section 16. Effective July 1, 2007, paragraph (a) of subsection (7) of
section 337.11, Florida Statutes, as amended by this act, is amended to read:
337.11 Contracting authority of department; bids; emergency repairs,
supplemental agreements, and change orders; combined design and con-
struction contracts; progress payments; records; requirements of vehicle
registration.-
(7)(a) If the head of the department deterinines that it is in the best
interests of the public, the department may combine the -^ ^~~+ „~ t,,.,<, ~,,,.
~ design and construction phases of a buildin .~ a major bridge, a
limited access facilitv, or a rail corridor a~ project into a single contract;
o ~
.,+ 4:.,. ~ ,,,.C .,;,,.r „ ,. 1,..;.a.r., ., „~+ +l~o ,-,~7~,+ „f ~~,~~,
~.,.7 .7.,~;..~.. ...a .,~f..,,..+;.... ..b..,~~, .,F ~r,l-,;.,b. ~ 1,., ., ..~1,;.,.,.7 ...7~... ~
3~a. Such contract is referred to as a design-build contract. Design-build
contracts may be advertised and awarded notwithstanding the require-
ments of paragraph (3)(c). However, construction activities may not begin
on any portion of such projects for which the department has not yet ob-
tained title to the necessary rights-of-way and easements for the construc-
46
CODING: Words s#,~er~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
tion of that portion of the project has vested in the state or a local govern-
mental entity and all railroad crossing and utility agreements have been
executed. Title to rights-of-way shall be deemed to have vested in the state
when the title has lieen dedicated to the public or acquired by prescription.
Section 17. Paragraphs (1), (m), and (n) are added to subsection (24) of
section 380.06, Florida Statutes, to read:
380.06 Developments of regional impact.-
(24) STATUTORY EXEMPTIONS.-
(1) An~proposed development within an urban service boundarv estab-
lished under s. 163.3177(14) is exempt from the provisions of this section if
the local government havingjurisdiction over the area where the develo~
ment is proposed has adopted the urban service boundarv and has entered
into a bindin~agreement with adjacent jurisdictions and the Department
of Transportation re arding the mitig~ation of impacts on state and regional
transportation facilities, and has adopted a proportionate share methodol-
o~pursuant to s. 163.3180(16).
has entered into a bindin~ agreement with iurisdictions that would be im-
pacted and the Department of Transportation re arding the mitigation of
impacts on state and reeional transportation facilities, and has adopted a
proportionate share methodolog,y pursuant to s. 163.3180(16).
(n) An~uro~osed development or redevelopment within an area desig-
nated as an urban infill and redevelopment area under s. 1632517 is exempt
from the provisions of this section if the local government has entered into
a bindin~greement with jurisdictions that would be impacted and the
Department of Transportation regarding the mitigation of impacts on state
and regional transportation facilities, and has adopted a proportionate
share methodolo~nursuant to s. 163.3180(16).
Section 18. Subsections (3), (7), and (8) of section 1013.33, Florida Stat-
utes, are amended to read:
1013.33 Coordination of planning with local governing bodies.-
(3) At a minimum, the interlocal agreement must address interlocal-
~eement requirements in s. 163.3180(13)(~). except for exempt local ~ov_
ernments as provided in s. 163.3177(12), and must address the following
issues:
(a) A process by which each local government and the district school
board agree and base their plans on consistent projections of the amount,
type, and distribution of population growth and student enrollment. The
geographic distribution of jurisdiction-wide growth forecasts is a major ob-
jective of the process.
47
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(b) A process to coordinate and share information relating to existing and
planned public school facilities, including school renovations and closures,
and local government plans for development and redevelopment.
(c} Participation by affected local governments with the district school
board in the process of evaluating potential school closures, significant reno-
vations to existing schools, and new school site selection before land acquisi-
tion. Local governments shall advise the district school board as to the
consistency of the proposed closure, renovation, or new site with the local
comprehensive plan, including appropriate circumstances and criteria
under which a district school board may request an amendment to the
comprehensive plan for school siting.
(d) A process for determining the need for and timing of onsite and offsite
improvements to support new construction, proposed expansion, or redevel-
opment of existing schools. The process shall address identification of the
party or parties responsible for the improvements.
(e) A process for the school board to inform the local government regard-
ing the effect of comprehensive plan amendments on school capacity. The
capacity reporting must be consistent with laws and rules regarding mea-
surement of school facility capacity and must also identify how the district
school board will meet the public school demand based on the facilities work
program adopted pursuant to s. 1013.35.
(~ Participation of the local governments in the preparation of the an-
nual update to the school board's 5-year district facilities work program and
educational plant survey prepared pursuant to s. 1013.35.
(g) A process for determining where and how joint use of either school
board or local government facilities can be shared for mutual benefit and
efficiency.
(h) A procedure for the resolution of disputes between the district school
board and local governments, which may include the dispute resolution
processes contained in chapters 164 and 186.
(i) An oversight process, including an opportunity for public participa-
tion, for the implementation of the interlocal agreement.
+~,,, ;,,+~,.i,,,,..i ., „+ e„ ;,,+o,.i,,,,.,~ ., „+ o„+o,.oa ;,,+„ „ ,,,- +„
i.,,,a aot,~i~,,,,,~„+ ,.o,,,,~~+;,,,,~ o„~ +~,.,+ ; .,,,.,+,,..~,
~~~TQ~. . ~~~ r~ ..~re~a~~-~es~ , ev ,
(7) Except as provided in subsection (8), municipalities meeting the ex-
emption criteria in s. 163.3177(12) ~°~~~^n ~^°+°~~;°~^°a „°°a ~ r°
r,.;i;+~, .,,,,a .,.,,,,,+;,,.~+~,,, ~ ii,,.:,;,,,~ ,.,.;+„~.;., are exempt from the requirements
of subsections (2), (3), and (4) :
48
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
~.pmnactr~.t~th2t_no_noccLCChoc~l_foci~~~T~B $~~~ '~3 ~~3P }'~a}}}E}p~~}~~
~.7.7;+;.,,, ~l,o .a;~+..;.,+ ~..1,.,.,1 1,~.,,..a + '~ ' '+' +1, + 1, 1
--------~ ---- ~-_-___-_ ~___...._ ~.,~_._ _u...,.. . ~_ ~~ «. .. ~...~ .5 ~~.,« -
F~..;1;{~, <:,;17 1,., .,.,.,.7.,.7 ;,, +1,,, ,,, „1'+ j '+1,' +1~~ ~V .7 ~ !1
~h~6~:
(8) At the tune of the evaluation and appraisal report, each exempt mu-
nicipality shall assess the extent to which it continues to meet the criteria
for exemption under s. 163.3177(12) ~„h~^^*;^^ r~~. If the municipality con-
tinues to meet these criteria ~r~ *h^ a~~+..;,.+ c„~,,,,.i h,,.,..,a <> ,.;~~ ,.;+;,,,~
~bao „ ~,.t,,,,,t ~ ,,;~;E; •n ~, a a •~h• +t, ~ a in
~~o ~~~ .. .,,,__,,.,_ _~.,___.,_., .. ~~~
~~es, the municipality shall continue to be exempt from the interlo-
cal-agreement requirement. Each municipality exempt under s.
163.3177(12) ~„h°^^+;^^ r~~ must comply with the provisions of subsections
(2)-(8) within 1 year after the district school board proposes, in its 5-year
district facilities work program, a new school within the municipality's juris-
diction.
Section 19. Subsection (2) of section 206.46, Florida Statutes, is amended
to read:
206.46 State Transportation Trust Fund.-
(2) Notwithstanding any other provisions of law, from the revenues de-
posited into the State Transportation Trust Fund a maximum of 7 percent
in each fiscal year shall be transferred into the Right-of-Way Acquisition
and Bridge Construction Trust Fund created in s. 215.605, as needed to meet
the requirements of the documents authorizing the bonds issued or proposed
to be issued under ss. 215.605 and 337.276 or at a minimum amount suffi-
cient to pay for the debt service coverage requirements of outstanding bonds.
Notwithstanding the 7 percent annual transfer authorized in this subsec-
tion, the annual amount transferred under this subsection shall not exceed
an amount necessary to provide the required debt service coverage levels for
a maximum debt service not to exceed 275 $~88 million. Such transfer shall
be payable primarily from the motor and diesel fuel taxes transferred to the
State Transportation Trust Fund from the Fuel Tax Collection Trust Fund.
Section 20. Subsection (1) of section 339.08, Florida Statutes, is amended
to read:
339.08 Use of moneys in State ~ansportation Trust Fund.-
(1) The department shall expend moneys in the State Transportation
Trust Fund accruing to the department, in accordance with its annual
budget. The use of such moneys shall be restricted to the following purposes:
(a) To pay administrative expenses of the department, including admin-
istrative expenses incurred by the several state transportation districts, but
excluding administrative expenses of commuter rail authorities that do not
operate rail service.
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(b) To pay the cost of construction of the State Highway System.
(c) To pay the cost of maintaining the State Fiighway System.
(d) To pay the cost of public transportation Frojects in accordance with
chapter 341 and ss. 332.003-332.007.
(e) To reimburse counties or municipalities for expenditures made on
projects in the State Highway System as authorized by s. 339.12(4) upon
legislative approval.
(f~ To pay the cost of economic deve~apment trans~ortation projects in
accordance with s. 288.063.
(g) To lend or pay a portion of the operating, maintenance, and capital
costs of a revenue-producing transportation groject that ~s located on the
State Highway System or that is demonstrated to reZieve traffic co~lgestion
on the State Highway System.
(h) To match any federal-aid funds allocated for aaly other transportation
purpose, including funds allocated to projects not located in the State High-
way System.
(i) To pay the cost of county road projects selected in accordance v~ ith the
Small County Road Assistance Program created in s. 339.2816.
(j) To pay the cost of county or municipal road projects selected in accord-
ance with the County Incentive Grant Program created in s. 339.2817 and
the Small County Outreach Program created in s. 3392818.
(k) To provide loans and credit enhancements for use in constructing and
unproving highway transportation facilities selected in accordance with the
state-funded infrastructure bank created in s. 339.55.
(1) To pay the cost of projects on the Florida Strategic Intermodal System
created in s. 339.61.
(m) To pav the cost of transportation projects selected in accordance with
the Transportation Regional Incentive ProQram created in s. 339.2819.
~ To pay other lawful expenditures of the department.
Section 21. Paragraphs (c), (d), and (e) are added to subsection (5) of
section 339.155, Florida Statutes, to read:
339.155 Transportation planning.-
(5) ADDITIONAL TRANSPORTATION PLANS.-
(c) Regional transnortation plans mav be developed in reg~ional transpor-
tation areas in accordance with an interlocal agreement entered into pursu-
ant to s. 163.01 bv two or more contiguous metropolitan planning organiza-
tions: one or more metropolitan plannin~organizations and one or more
conti~uous counties, none of which is a member of a metro olitan planning
50
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
339.175 Metropolitan planning organization.-It is the intent of the Leg-
islature to encourage and promote the safe and efficient management, oper-
ation, and development of surf'ace transportation systems that will serve the
mobility needs of people and freight within and through urbanized areas of
this state while minimizing transportation-related fuel consumption and air
pollution. To accomplish these objectives, metropolitan planning organiza-
tions, referred to in this section as M.P.O.'s, shall develop, in cooperation
with the state and public transit operators, transportation plans and pro-
grams for metropolitan areas. The plans and programs for each metropoli-
tan area must provide for the development and integrated management and
operation of transportation systems and facilities, including pedestrian
walkways and bicycle transportation facilities that will function as an inter-
modal transportation system for the metropolitan area, based upon the
prevailing principles provided in s. 334.046(1). The process for developing
such plans and programs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and comprehensive, to
the degree appropriate, based on the complexity of the transportation prob-
lems to be addressed. To ensure that the process is integrated with the
statewide planning process, M.P.O.'s shall develop plans and programs that
identify transportation facilities that should function as an integrated met-
ropolitan transportation system, giving emphasis to facilities that serve
important national, state, and regional transportation functions. For the
purposes of this section, those facilities include the facilities on the Strategic
Intermodal System designated under s. 339.63 and facilities for which proj_
ects have been identified pursuant to s. 3392819(4).
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transportation area.
Section 22. Section 339.175, Florida Statutes, is amended to read:
Ch. 20U5-290 LAWS OF FLORIDA Ch. 2005-290
(1) DESIGNATION.-
(a)1. An M.P.O. shall be designated for each urbanized area of the state;
however, this does not require that an individual M.P.O. be designated for
each such area. Such designation shall be accomplished by agreement be-
tween the Governor and units of general-purpose local government repre-
senting at least 75 percent of the population of the urbanized area; however,
the unit of general-purpose local government that represents the central city
or cities within the M.P.O. jurisdiction, as defined by the United States
Bureau of the Census, must be a party to such agreement.
2. More than one M.P.O. may be designated within an e~sting metropoli-
tan planning area only if the Governor and the e~sting M.P.O. determine
that the size and complexity of the existing metropolitan planning area
makes the designation of more than one M.P.O. for the area appropriate.
(b) Each M.P.O. shall be created and operated under the provisions of
this section pursuant to an interlocal agreement entered into pursuant to
s. 163.01. The signatories to the interlocal agreement shall be the depart-
ment and the governmental entities designated by the Governor for mem-
bership on the M.P.O. If there is a conflict between this section and s. 163.01,
this section prevails.
(c) The jurisdictional boundaries of an M.P.O. shall be determined by
agreement between the Governor and the applicable M.P.O. The boundaries
must include at least the metropolitan planning area, which is the existing
urbanized area and the contiguous area expected to become urbanized
within a 20-year forecast period, and may encompass the entire metropoli-
tan statistical area or the consolidated metropolitan statistical area.
(d) In the case of an urbanized area designated as a nonattainment area
for ozone or carbon monoxide under the Clean Air Act, 42 U.S.C. ss. 7401
et seq., the boundaries of the metropolitan planning area in existence as of
the date of enactment of this paragraph shall be retained, except that the
boundaries may be adjusted by agreement of the Governor and affected
metropolitan planning organizations in the manner described in this sec-
tion. If more than one M.P.O. has authority within a metropolitan area or
an area that is designated as a nonattainment area, each M.P.O. shall
consult with other M.P.O.'s designated for such area and with the state in
the coordination of plans and programs required by this section.
Each M.P.O. required under this section must be fully operative no later
than 6 months following its designation.
(2) VOTING MEMBERSHIP.-
(a) The voting membership of an M.P.O. shall consist of not fewer than
5 or more than 19 apportioned members, the exact number to be determined
on an equitable geographic-population ratio basis by the Governor, based on
an agreement among the affected units of general-purpose local government
as required by federal rules and regulations. The Governor, in accordance
with 23 U.S.C. s. 134, may also provide for M.P.O. members who represent
52
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
municipalities to alternate with representatives from other municipalities
within the metropolitan planning area that do not have members on the
M.P.O. County commission members shall compose not less than one-third
of the M.P.O. membership, except for an M.P.O. with more than 15 members
located in a county with a five-member county commission or an M.P.O. with
19 members located in a county with no more than 6 county commissioners,
in which case county commission members may compose less than one-third
percent of the M.P.O. membership, but all county commissioners must be
members. All voting members shall be elected officials of general-purpose
governments, except that an M.P.O. may include, as part of its apportioned
voting members, a member of a statutorily authorized planning board, an
official of an agency that operates or administers a major mode of transpor-
tation, or an official of the Florida Space Authority. The county commission
shall compose not less than 20 percent of the M.P.O. membership if an
official of an agency that operates or administers a major mode of transpor-
tation has been appointed to an M.P.O.
(b) In metropolitan areas in which authorities or other agencies have
been or may be created by law to perform transportation functions and are
performing transportation functions that are not under the jurisdiction of
a general purpose local government represented on the M.P.O., they shall
be provided voting membership on the M.P.O. In all other M.P.O.'s where
transportation authorities or agencies are to be represented by elected offi-
cials from general purpose local governments, the M.P.O. shall establish a
process by which the collective interests of such authorities or other agencies
are expressed and conveyed.
(c) Any other provision of this section to the contrary notwithstanding,
a chartered county with over 1 million population may elect to reapportion
the membership of an M.P.O. whose jurisdiction is wholly within the county.
The charter county may exercise the provisions of this paragraph if:
1. The M.P.O. approves the reapportionment plan by a three-fourths vote
of its membership;
2. The M.P.O. and the charter county determine that the reapportion-
ment plan is needed to fulfill specific goals and policies applicable to that
metropolitan planning area; and
3. The charter county determines the reapportionment plan otherwise
complies with all federal requirements pertaining to M.P.O. membership.
Any charter county that elects to exercise the provisions of this paragraph
shall notify the Governor in writing.
(d) Any other provision of this section to the contrary notwithstanding,
any county chartered under s. 6(e), Art. VIII of the State Constitution may
elect to have its county commission serve as the M.P.O., if the M.P.O.
jurisdiction is wholly contained within the county. Any charter county that
elects to exercise the provisions of this paragraph shall so notify the Gover-
nor in writing. Upon receipt of such notification, the Governor must desig-
nate the county commission as the M.P.O. The Governor must appoint four
53
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
additional voting members to the M.P.O., one of whom must be an elected
o~cial representing a municipality within the county, one of whom must be
an expressway authority member, one of whom must be a person who does
not hold elected public office and who resides in the unincorporated portion
of the county, and one of whom must be a school board member.
(3) APPORTIONMENT.-
(a) The Governor shall, with the agreement of the affected units of gener-
al-purpose local government as required by federal rules and regulations,
apportion the membership on the applicable M.P.O. among the various
governmental entities within the area and shall prescribe a method for
appointing alternate members who may vote at any M.P.O. meeting that an
alternate member attends in place of a regular member. An appointed alter-
nate member must be an elected official serving the same governmental
entity or a general-purpose local government with jurisdiction within all or
part af the area that the regular member serves. The governmental entity
so designated shall appoint the appropriate number of inembers to the
M.P.O. from eligible officials. Representatives of the department shall serve
as nonvoting members of the M.P.O. Nonvoting advisers may be appointed
by the M.P.O. as deemed necessary. The Governor shall review the composi-
tion of the M.P.O. membership in conjunction with the decennial census as
prepared by the United States Department of Commerce, Bureau of the
Census, and reapportian it as necessar.y to comply with subsection (2).
(b) Except for members who represent municipalities on the basis of
alternating with representatives from other municipalities that do not have
members on the M.P.O. as provided in paragraph (2)(a), the members of an
M.P.O. shall serve 4-year terms. Members who represent municipalities on
the basis of alternating with representatives from other municipalities that
do not have members on the M.P.O. as provided in paragraph (2)(a) may
serve terms of up to 4 years as further provided in the interlocal agreement
described in paragraph (1)(b). The membership of a member who is a public
official automatically terminates upon the member's leaving his or her elec-
tive or appointive office for any reason, or may be terminated by a majority
vote of the total membership of a county or city governing entity represented
by the member. A vacancy shall be filled by the original appointing entity.
A member may be reappointed for one or more additional 4-year terms.
(c) If a governmental entity fails to fill an assigned appointment to an
M.P.O. within 60 days after notification by the Governor of its duty to
appoint, that appointment shall be made by the Governor from the eligible
representatives of that governmental entity.
(4) AUTHORITY AND RESPONSIBILITY.-The authority and respon-
sibility of an M.P.O. is to manage a continuing, cooperative, and comprehen-
sive transportation planning process that, based upon the prevailing princi-
ples provided in s. 334.046(1), results in the development of plans and
programs which are consistent, to the maximum extent feasible, with the
approved local government comprehensive plans of the units of local govern-
ment the boundaries of which are within the metropolitan area of the M.P.O.
An M.P.O. shall be the forum for cooperative decisionmaking by officials of
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
the affected governmental entities in the development of the plans and
programs required by subsections (5), (6), (7), and (8).
(5) POWERS, DUTIES, AND RESPONSIBILITIES.-The powers, privi-
leges, and authority of an M.P.O. are those spec~ed in this section or
incorporated in an interlocal agreement authorized under s. 163.01. Each
M.P.O. shall perform all acts required by federal or state laws or rules, now
and subsequently applicable, which are necessary to qualify for federal aid.
It is the intent of this section that each M.P.O. shall be involved in the
planning and programming of transportation facilities, including, but not
limited to, airports, intercity and high-speed rail lines, seaports, and inter-
modal facilities, to the extent permitted by state or federal law.
(a) Each M.P.O. shall, in cooperation with the department, develop:
l. A long-range transportation plan pursuant to the requirements of
subsection (6);
2. An annually updated transportation improvement program pursuant
to the requirements of subsection (7); and
3. An annual unified planning work program pursuant to the require-
ments of subsection (8).
(b) In developing the long-range transportation plan and the transporta-
tion improvement program required under paragraph (a), each M.P.O. shall
provide for consideration of projects and strategies that will:
1. Support the economic vitality of the metropolitan area, especially by
enabling global competitiveness, productivity, and efficiency;
2. Increase the safety and security of the transportation system for mo-
torized and nonmotorized users;
3. Increase the accessibility and mobility options available to people and
for freight;
4. Protect and enhance the environment, promote energy conservation,
and improve quality of life;
5. Enhance the integration and connectivity of the transportation sys-
tem, across and between modes, for people and freight;
6. Promote efficient system management and operation; and
7. Emphasize the preservation of the existing transportation system.
(c) In order to provide recommendations to the department and local
governmental entities regarding transportation plans and programs, each
M.P.O. shall:
1. Prepare a congestion management system for the metropolitan area
and cooperate with the department in the development of all other transpor-
tation management systems required by state or federal law;
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
2. Assist the department in mapping transportation planning bounda-
ries required by state or federal law;
3. Assist the department in performing its duties relating to access man-
agement, functional classification of roads, and data collection;
4. Execute all agreements or certifications necessary to comply with ap-
plicable state or federal law;
5. Represent all the jurisdictional areas within the metropolitan area in
the formulation of transportation plans and programs required by this sec-
tion; and
6. Perform all other duties required by state or federal law.
(d) Each M.P.O. shall appoint a technical advisory committee that in-
cludes planners; engineers; representatives of local aviation authorities,
port authorities, and public transit authorities or representatives of aviation
departments, seaport departments, and public transit departments of mu-
nicipal or county governments, as applicable; the school superintendent of
each county within the jurisdiction of the M.P.O. or the superintendent's
designee; and other appropriate representatives of affected local govern-
ments. In addition to any other duties assigned to it by the M.P.O. or by state
or federal law, the technical advisory committee is responsible for consider-
ing safe access to schools in its review of transportation project priorities,
long-range transportation plans, and transportation improvement pro-
grazns, and shall advise the M.P.O. on such matters. In addition, the techni-
cal advisory committee shall coordinate its actions with local school boards
and other local programs and organizations within the metropolitan area
which participate in school safety activities, such as locally established
community traffic safety teams. Local school boards must provide the appro-
priate M.P.O. with information concerning future school sites and in the
coordination of transportation service.
(e)1. Each M.P.O. shall appoint a citizens' advisory committee, the mem-
bers of which serve at the pleasure of the M.P.O. The membership on the
citizens' advisory committee must reflect a broad cross section of local resi-
dents with an interest in the development of an efficient, safe, and cost-
effective transportation system. Minorities, the elderly, and the handi-
capped must be adequately represented.
2. Notwithstanding the provisions of subparagraph l., an M.P.O. may,
with the approval of the department and the applicable federal governmen-
tal agency, adopt an alternative program or mechanism to ensure citizen
involvement in the transportation planning process.
(fl The department shall allocate to each M.P.O., for the purpose of ac-
complishing its transportation planning and programming duties, an appro-
priate amount of federal transportation planning funds.
(g) Each M.P.O. may employ personnel or may enter into contracts with
local or state agencies, private planning firms, or private engineering firms
to accomplish its transportation planning and programming duties required
by state or federal law.
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(h) A chair's coordinating committee is created, composed of the M.P.O.'s
serving Hernando, ~Iillsborough, Manatee, Pasco, Pinellas, Polk, and Sara-
sota Counties. The committee must, at a minimum:
1. Coordinate transportation projects deemed to be regionally significant
by the committee.
2. Review the impact of regionally significant land use decisions on the
region.
3. Review all proposed regio.nally significant transportation projects in
the respective transportation improvement programs which affect more
than one of the M.P.O.'s represented on the committee.
4. Institute a conflict resolution process to address any conflict that may
arise in the planning and programming of such regionally significant proj-
ects.
(i)1. The Legislature finds that the state's rapid growth in recent decades
has caused many urbanized areas subject to M.P.O. jurisdiction to become
contiguous to each other. As a result, various transportation projects may
cross from the jurisdiction of one M.P.O. into the jurisdiction of another
M.P.O. To more fully accomplish the purposes for which M.P.O.'s have been
mandated, M.P.O.'s shall develop coordination mechanisms with one an-
other to expand and improve transportation within the state. The appropri-
ate method of coordination between M.P.O.'s shall vary depending upon the
project involved and given local and regional needs. Consequently, it is
appropriate to set forth a fle~rible methodology that can be used by M.P.O.'s
to coordinate with other M.P.O.'s and appropriate political subdivisions as
circumstances demand.
2. Any M.P.O. may join with any other M.P.O. or any individual political
subdivision to coordinate activities or to achieve any federal or state trans-
portation planning or development goals or purposes consistent with federal
or state law. When an M.P.O. determines that it is appropriate to join with
another M.P.O. or any political subdivision to coordinate activities, the
M.P.O. or political subdivision shall enter into an interlocal agreement pur-
suant to s. 163.01, which, at a minimum, creates a separate legal or adminis-
trative entity to coordinate the transportation planning or development
activities required to achieve the goal or purpose; provide the purpose for
which the entity is created; provide the duration of the agreement and the
entity, and specify how the agreement may be terminated, modified, or
rescinded; describe the precise organization of the entity, including who has
voting rights on the governing board, whether alternative voting members
axe provided for, how voting members are appointed, and what the relative
voting strength is for each constituent M.P.O. or political subdivision; pro-
vide the manner in which the parties to the agreement will provide for the
financial support of the entity and payment of costs and expenses of the
entity; provide the manner in which funds may be paid to and disbursed
from the entity; and provide how members of the entity will resolve disagree-
ments regarding interpretation of the interlocal agreement or disputes relat-
ing to the operation of the entity. Such interlocal agreement shall become
effective upon its recordation in the official public records of each county in
57
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
which a member of the entity created by the interlocal agreement has a
voting member. This paragraph does not require any M.P.O.'s to merge,
combine, or otherwise join together as a single M.P.O.
(6) LONG-R.ANGE TRANSPORTATION PLAN.-Each M.P.O. must de-
velop a long-range transportation plan that addresses at least a 20-year
planning horizon. The plan must include both long-range and short-range
strategies and must comply with all other state and federal requirements.
The prevailing px inciples to be considered in the long-range transportation
plan are: preserving the existing transportation infrastructure; enhancing
Florida's economic competitiveness; and improving travel choices to ensure
mobility. The long-range transportation plan must be consistent, to the
maximum extent feasible, with future land use elements and the goals,
objectives, and policies of the approved local government comprehensive
plans of the units of local government located within the jurisdiction of the
M.P.O. The approved long-range transportation plan must be considered by
local governments in the development of the transportation elements in
local government comprehensive plans and any amendments thereto. The
long-range transportation plan must, at a minimum:
(a) Identify transportation facilities, including, but not limited to, major
roadways, airports, seaports, spaceports, commuter rail systems, transit
systems, and intermodal or multimodal terminals that will function as an
integrated metropolitan transportation system. The long-range transporta-
tion plan must give emphasis to those transportation facilities that serve
national, statewide, or regional functions, and must consider the goals and
objectives identified in the Florida Transportation Plan as provided in s.
339.155. If a project is located within the boundaries of more than one
M.P.O., the M.P.O.'s must coordinate plans regarding the project in the long-
range transportation plan.
(b) Include a financial plan that demonstrates how the plan can be imple-
mented, indicating resources from public and private sources which are
reasonably expected to be available to carry out the plan, and recommends
any additional financing strategies for needed projects and programs. The
financial plan may include, for illustrative purposes, additional projects that
would be included in the adopted long-range transportation plan if reason-
able additional resources beyond those identified in the financial plan were
available. For the purpose of developing the long-range transportation plan,
the M.P.O. and the department shall cooperatively develop estimates of
funds that will be available to support the plan unplementation. Innovative
financing techniques may be used to fund needed projects and programs.
Such techniques may include the assessment of tolls, the use of value cap-
ture financing, or the use of value pricing.
(c) Assess capital investment and other measures necessary to:
1. Ensure the preservation of the existing metropolitan transportation
system including requirements for the operation, resurfacing, restoration,
and rehabilitation of major roadways and requirements for the operation,
maintenance, modernization, and rehabilitation of public transportation fa-
cilities; and
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
2. Make the most efficient use of existing transportation facilities to
relieve vehicular congestion and maximize the mobility of people and goods.
(d) Indicate, as appropriate, proposed transportation enhancement activ-
ities, including, but not limited to, pedestrian and bicycle facilities, scenic
easements, landscaping, historic preservation, mitigation of water pollution
due to highway runoff, and control of outdoor advertising.
(e) In addition to the requirements of paragraphs (a)-(d), in metropolitan
areas that are classified as nonattainment areas for ozone or carbon monox-
ide, the M.P.O. must coordinate the development of the long-range transpor-
tation plan with the State Implementation Plan developed pursuant to the
requirements of the federal Clean Air Act.
In the development of its long-range transportation plan, each M.P.O. must
provide the public, affected public agencies, representatives of transporta-
tion agency employees, freight shippers, providers of freight transportation
services, private providers of transportation, representatives of users of
public transit, and other interested parties with a reasonable opportunity
to comment on the long-range transportation plan. The long-range transpor-
tation plan must be approved by the M.P.O.
(7) TRANSPORTATION IMPROVEMENT PROGRAM.-Each M.P.O.
shall, in cooperation with the state and affected public transportation opera-
tors, develop a transportation improvement program for the area within the
jurisdiction of the M.P.O. In the development of the transportation improve-
ment program, each M.P.O. must provide the public, affected public agen-
cies, representatives of transportation agency employees, freight shippers,
providers of freight transportation services, private providers of transporta-
tion, representatives of users of public transit, and other interested parties
with a reasonable opportunity to comment on the proposed transportation
improvement program.
(a) Each M.P.O. is responsible for developing, annually, a list of project
priorities and a transportation improvement program. The prevailing prin-
ciples to be considered by each M.P.O. when developing a list of project
priorities and a transportation improvement program are: preserving the
existing transportation infrastructure; enhancing Florida's economic compe-
titiveness; and improving travel choices to ensure mobility. The transporta-
tion improvement program will be used to initiate federally aided transpor-
tation facilities and improvements as well as other transportation facilities
and improvements including transit, rail, aviation, spaceport, and port facil-
ities to be funded from the State Transportation Trust Fund within its
metropolitan area in accordance with existing and subsequent federal and
state laws and rules and regulations related thereto. The transportation
improvement program shall be consistent, to the maximum extent feasible,
with the approved local government comprehensive plans of the units of
local government whose boundaries are within the metropolitan area of the
M.P.O. and include those projects programmed pursuant to s. 3392819(4).
(b) Each M.P.O. annually shall prepare a list of project priorities and
shall submit the list to the appropriate district of the department by October
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
1 of each year; however, the department and a metrapolitan planning orga-
nization may, in writing, agree to vary this submittal date. The list of project
priorities must be formally reviewed by the technical and citizens' advisory
committees, and approved by the M.P.O., before it is transmitted to the
district. The approved list of project priorities must be used by the district
in developing the district work program and must be used by the M.P.O. in
developing its transportation improvement program. The annual list of proj-
ect priorities must be based upon project selection criteria that, at a mini-
mum, consider the following:
1. The approved M.P.O. long-range transportation plan;
2. The Strategic Intermodal System Plan developed under s. 339.64.
3. The priorities developed pursuant to s. 3392819(4).
4.~ The results af the transportation management systems; and
5.4. The M.P.O.'s public-involvement procedures.
(c) The transportation improvement program must, at a minimum:
1. Include projects and project phases to be funded with state or federal
funds within the time period of the transportation improvement program
and which are recommended for advancement during the next fiscal year
and 4 subsequent fiscal years. Such projects and project phases must be
consistent, to the maximum extent feasible, with the approved local govern-
ment comprehensive plans of the units of local government located within
the jurisdiction of the M.P.O. For informational purposes, the transportation
improvement program shall also include a list of projects to be funded from
local or private revenues.
2. Include projects within the metropolitan area which are proposed for
funding under 23 U.S.C. s. 134 of the Federal ~ansit Act and which are
consistent with the long-range transportation plan developed under subsec-
tion (6).
3. Provide a financial plan that demonstrates how the transportation
improvement program can be implemented; indicates the resources, both
public and private, that are reasonably expected to be available ta accom-
plish the program; identifies any innovative financing techniques that may
be used to fund needed projects and programs; and may include, for illustra-
tive purposes, additional projects that would be included in the approved
transportation improvement program if reasonable additional resources be-
yond those identified in the financial plan were available. Innovative financ-
ing techniques may include the assessment of tolls, the use of value capture
financing, or the use of value pricing. The transportation improvement pro-
gram may include a project or project phase only if full funding can reason-
ably be anticipated to be available for the project or project phase within the
time period contemplated for completion of the project or project phase.
4. Group projects and project phases of similar urgency and anticipated
staging into appropriate staging periods.
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
5. Indicate how the transportation improvement program relates to the
long-range transportation plan developed under subsection (6), including
providing examples of specific projects or project phases that further the
goals and policies of the long-range transportation plan.
6. Indicate whether any project or project phase is inconsistent with an
approved comprehensive plan of a unit of local government located within
the jurisdiction of the M.P.O. If a project is inconsistent with an affected
comprehensive plan, the M.P.O. must provide justification for including the
project in the transportation improvement program.
7. Indicate how the improvements are consistent, to the m~imum extent
feasible, with affected seaport, airport, and space.port master plans and with
public transit development plans of the units of local government located
within the jurisdiction of the M.P.O. If a project is located within the bound-
aries of more than one M.P.O., the M.P.O.'s must coordinate plans regarding
the project in the transportation improvement program.
(d) Projects included in the transportation improvement program and
that have advanced to the design stage of preliminary engineering may be
removed from or rescheduled in a subsequent transportation improvement
program only by the joint action of the M.P.O. and the department. Except
when recommended in writing by the district secretary for good cause, any
project removed from or rescheduled in a subsequent transportation im-
provement program shall not be rescheduled by the M.P.O. in that subse-
quent program earlier than the 5th year of such program.
(e) During the development of the transportation improvement program,
the M.P.O. shall, in cooperation with the department and any affected public
transit operation, provide citizens, affected public agencies, representatives
of transportation agency employees, freight shippers, providers of freight
transportation services, private providers of transportation, representatives
of users of public transit, and other interested parties with reasonable notice
of and an opportunity to comment on the proposed program.
(fl The adopted annual transportation improvement program for
M.P.O.'s in nonattainment or maintenance areas must be submitted to the
district secretary and the Department of Community Affairs at least 90 days
before the submission of the state transportation improvement program by
the department to the appropriate federal agencies. The annual transporta-
tion improvement program for M.P.O.'s in attainment areas must be submit-
ted to the district secretary and the Department of Community Affairs at
least 45 days before the department submits the state transportation un-
provement program to the appropriate federal agencies; however, the de-
partment, the Department of Community Affairs, and a metropolitan plan-
ning organization may, in writing, agree to vary this submittal date. The
Governor or the Governor's designee shall review and approve each trans-
portation improvement program and any amendments thereto.
(g) The Department of Community Affairs shall review the annual trans-
portation improvement program of each M.P.O. for consistency with the
approved local government comprehensive plans of the units of local govern-
ment whose boundaries are within the metropolitan area of each M.P.O. and
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Ch. 2005-290 LAR'S OF FLORIDA Ch. 2005-290
shall identify those projects that are inconsistent with such comprehensive
plans. The Department of Community Affairs shall notify an M.P.O. of any
transportation projects contained in its transportation improvement pro-
gram which are inconsistent with the approved local government compre-
hensive plans of the units of local government whose boundaries are within
the metropolitan area of the M.P.O.
(h) The M.P.O. shall annually publish or otherwise make available for
public review the annual listing of projects for which federal funds have been
obligated in the preceding year. Project monitoring systems must be main-
tained by those agencies responsible for obligating federal funds and made
accessible to the M.P.O.'s.
(8) UNIFIED PLANNING WORK PROGRAM.-Each M.P.O. shall de-
velop, in cooperation with the department and public transportation provid-
ers, a unified planning work program that lists all planning tasks to be
undertaken during the program year. The unified planning work program
must provide a complete description of each planning task and an estimated
budget therefor and must comply with applicable state and federal law.
(9) AGREEMENTS.-
(a) Each M.P.O. shall execute the following written agreements, which
shall be reviewed, and updated as necessary, every 5 years:
1. An agreement with the department clearly establishing the coopera-
tive relationship essential to accomplish the transportation planning re-
quirements of state and federal law.
2. An agreement with the metropolitan and regional intergovernmental
coordination and review agencies serving the metropolitan areas, specifying
the means by which activities will be coordinated and how transportation
planning and programming will be part of the comprehensive planned devel-
opment of the area.
3. An agreement with operators of public transportation systems, includ-
ing transit systems, commuter rail.systems, airports, seaports, and space-
ports, describing the means by which activities will be coordinated and
specifying how public transit, commuter rail, aviation, seaport, and aero-
space planning and programming will be part of the comprehensive planned
development of the metropolitan area.
(b) An M.P.O. may execute other agreements required by state or federal
law or as necessary to properly accomplish its functions.
(10) METROPOLITAN PLANNING ORGANIZATION ADVISORY
COUNCIL.-
(a) A Metropolitan Planning Organization Advisory Council is created to
augment, and not supplant, the role of the individual M.P.O.'s in the cooper-
ative transportation planning process described in this section.
(b) The council shall consist of one representative from each M.P.O. and
shall elect a chairperson annually from its number. Each M.P.O. shall also
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
elect an alternate representative from each M.P.O. to vote in the absence of
the representative. Members of the council do not receive any compensation
for their services, but may be reimbursed from funds made available to
council members for travel and per diem expenses incurred in the perform-
ance of their council duties as provided in s. 112.061.
(c) The powers and duties of the Metropolitan Planning Organization
Advisory Council are to:
1. Enter into contracts with individuals, private corporations, and public
agencies.
2. Acquire, own, operate, maintain, sell, or lease personal property essen-
tial for the conduct of business.
3. Accept funds, grants, assistance, gifts, or bequests from private, local,
state, or federal sources.
4. Establish bylaws and adopt rules pursuant to ss. 120.536(1) and
120.54 to implement provisions of law conferring powers or duties upon it.
5. Assist M.P.O.'s in carrying out the urbanized area transportation
planning process by serving as the principal forum for collective policy dis-
cussion pursuant to law.
6. Serve as a clearinghouse for review and comment by M.P.O.'s on the
Florida Transportation Plan and on other issues required to comply with
federal or state law in carrying out the urbanized area transportation and
systematic planning processes instituted pursuant to s. 339.155.
7. Employ an executive director and such other staff as necessaxy to
perform adequately the functions of the council, within budgetary limita-
tions. The executive director and staff are exempt from part II of chapter 110
and serve at the direction and control of the council. The council is assigned
to the Office of the Secretary of the Department of Transportation for fiscal
and accountability purposes, but it shall otherwise function independently
of the control and direction of the department.
8. Adopt an agency strategic plan that provides the priority directions
the agency will take to carry out its mission within the context of the state
comprehensive plan and any other statutory mandates and directions given
to the agency.
(11) APPLICATION OF FEDERAL LAW.-Upon notification by an
agency of the Federal Government that any provision of this section conflicts
with federal laws or regulations, such federal laws or regulations will take
precedence to the extent of the conflict until such conflict is resolved. The
depar~ment or an M.P.O. may take any necessary action to comply with such
federal laws and regulations or to continue to remain eligible to receive
federal funds.
Section 23. Section 339.55, Florida Statutes, is amended to read:
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Ch. 2005-290 LAWS OF FZOftIDA Ch. 2005-290
339.55 State-funded infrastructure bank.-
(1) There is created within the Department of Transportation a state-
funded infrastructure bank for the purpose of providing loans and credit
enhancements to government units and private entities for use in construct-
ing and improving transportation facilities.
(2) The bank may lend capital costs or provide credit enhancements for;
(a~ A transportation facility project that is on the State Highway System
or that provides for increased mobility on the state's transportation system
or provides intermodal connectivity with airports, seaports, rail facilities,
and other transportation terminals, pursuant to s. 341.053, for the move-
ment of people and goods.
~? Projects of the Transportation Repional Incentive Program which are
identified pursuant to s. 3392819(4).
~ Loans from the bank may be subordinated to senior project debt that
has an investment grade rating of "BBB" or higher.
~(-3~ Loans from the bank may bear interest at or below market interest
rates, as determined by the department. Repayment of any loan from the
bank shall commence not later than 5 years after the project has been
completed or, in the case of a highway project, the facility has opened to
traffic, whichever is later, and shall be repaid in no more than 30 years.
~(~ ~se~~-a~~~Qe~~~~~ r, To be eligible for consideration,
projects must be consistent, to the maximum extent feasible, with local
metropolitan planning organization plans and local government comprehen-
sive plans and must provide a dedicated repayment source to ensure the
loan is repaid to the bank.
(6) Funding~ awarded for projects under para raph (2)(b) must be
matched bv a minimum of 25 percent from funds other than the state-funded
infrastructure bank loan.
~~a} The department may consider, but is not limited to, the following
criteria for evaluation of projects for assistance from the bank:
(a) The credit worthiness of the project.
(b) A demonstration that the project will encourage, enhance, or create
economic benefits.
(c) The likelihood that assistance would enable the project to proceed at
an earlier date than would otherwise be possible.
(d) The extent to which assistance would foster innovative public-private
partnerships and attract private debt or equity investment.
(e) The extent to which the project would use new technologies, including
intelligent transportation systems, that would enhance the efficient opera-
tion of the project.
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(~ The extent to which the project would maintain or protect the environ-
ment.
(g) A demonstration that the project includes transportation benefits for
improving intermodalism, cargo and freight movement, and safety.
(h) The amount of the proposed assistance as a percentage of the overall
project costs with emphasis on local and private participation.
(i) The extent to which the project will provide for connectivity between
the State Highway System and airports, seaports, rail facilities, and other
transportation terminals and intermodal options pursuant to s. 341.053 for
the increased accessibility and movement of people and goods.
~~ Loan assistance provided by the bank shall be included in the
department's work program developed in accordance with s. 339.135.
~(-~} The department is authorized to adopt rules to implement the
state-funded infrastructure bank.
Section 24. Subsection (7) is added to section 1013.64, Florida Statutes,
to read:
1013.64 Funds for comprehensive educational plant needs; construction
cost maximums for school district capital projects. Allocations from the
Public Education Capital 0utlay and Debt Service Trust Fund to the various
boards for capital outlay projects shall be determined as follows:
1013.65 Educational and ancillary plant construction funds; Public Edu-
cation Capital Outlay and Debt Service Trust Fund; allocation of funds.-
(2)(a) The Public Education Capital Outlay and Debt Service Trust Fund
shall be comprised of the following sources, which are hereby appropriated
to the trust fund:
1. Proceeds, premiums, and accrued interest from the sale of public edu-
cation bonds and that portion of the revenues accruing from the gross re-
ceipts tax as provided by s. 9(a)(2), Art. XII of the State Constitution, as
amended, interest on investments, and federal interest subsidies.
2. General revenue funds appropriated to the fund for educational capi-
tal outlay purposes.
65
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Section 25. Paragraph (a) of subsection (2) of section 1013.65, Florida
Statutes, is amended to read:
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
3. All capital outlay funds previously appropriated and certified forward
pursuant to s. 216.301.
4.a. Funds paid pursuant to s. 201.15(1)(d).
b. The sum of $41.75 million of such funds shall be appropriated annually
for expenditure to fund the Classrooms for Kids Proeram created in s.
1013.735 and shall be distributed as Arovided bv that section.
c. Thirtv million dollars of such funds are herebv annuallv appropriated
for expenditure to fund the Hi~h Growth Countv District Capital Outlay
Assistance Grant Program created in s. 1013.738 and shall be distributed
as provided in that section.
[The above paragraph c. was vetoed by the Governor.]
Section 26. Subsection (1) of section 201.15, Florida Statutes, is amended
to read:
201.15 Distribution of taxes collected.-All taxes collected under this
chapter shall be distributed as follows and shall be subject to the service
charge imposed in s. 21520(1), except that such service charge shall not be
levied against any portion of taxes pledged to debt service on bonds to the
e~tent that the amount of the service charge is required to pay any amounts
relating to the bonds:
(1) Sixty-two and sixty-three hundredths percent of the remaining t~es
collected under this chapter shall be used for the following purposes:
(a) Amounts as shall be necessary to pay the debt service on, or fund debt
service reserve funds, rebate obligations, or other amounts payable with
respect to Preservation 2000 bonds issued pursuant to s. 375.051 and Flor-
ida Forever bonds issued pursuant to s. 215.618, shall be paid into the State
Treasury to the credit of the Land Acquisition Trust Fund to be used for such
purposes. The amount transferred to the Land Acquisition Trust Fund for
such purposes shall not exceed $300 million in fiscal year 1999-2000 and
thereafter for Preservation 2000 bonds and bonds issued to refund Preserva-
tion 2000 bonds, and $300 million in fiscal year 2000-2001 and thereafter
for Florida Forever bonds. The annual amount transferred to the Land
Acquisition Trust Fund for Florida Forever bonds shall not exceed $30 mil-
lion in the first fiscal year in which bonds are issued. The limitation on the
amount transferred shall be increased by an additional $30 million in each
subsequent fiscal year, but shall not exceed a total of $300 million in any
fiscal year for all bonds issued. It is the intent of the Legislature that all
bonds issued to fund the Florida Forever Act be retired by December 31,
2030. Except for bonds issued to refund previously issued bonds, no series
of bonds may be issued pursuant to this paragraph unless such bonds are
approved and the debt service for the remainder of the fiscal year in which
the bonds are issued is specifically appropriated in the General Appropria-
tions Act. For purposes of refunding Preservation 2000 bonds, amounts
designated within this section for Preservation 2000 and Florida Forever
bonds may be transferred between the two programs to the extent provided
66
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
for in the documents authorizing the issuance of the bonds. The Preserva-
tion 2000 bonds and Florida Forever bonds shall be equally and ratably
secured by moneys distributable to the Land Acquisition Trust Fund pursu-
ant to this section, except to the extent spec~cally provided otherwise by the
documents authorizing the issuance of the bonds. No moneys transferred to
the Land Acquisition Trust Fund pursuant to this paragraph, or earnings
thereon, shall be used or made available to pay debt service on the Save Our
Coast revenue bonds.
(b) The remainder of the moneys distributed under this subsection, after
the required payment under paragraph (a), shall be paid into the State
Treasury to the credit of the Save Our Everglades Trust Fund in amounts
necessary to pay debt service, provide reserves, and pay rebate obligations
and other amounts due with respect to bonds issued under s. 215.619.
(c) The remainder of the moneys distributed under this subsection, after
the required payments under paragraphs (a) and (b), shall be paid into the
State Treasury to the credit of the Land Acquisition Trust Fund and may
be used for any purpose for which funds deposited in the Land Acquisition
Trust Fund may lawfully be used. Payments made under this paragraph
shall continue until the cumulative amount credited to the Land Acquisition
Trust Fund for the fiscal year under this paragraph and paragraph (2)(b)
equals 70 percent of the current official forecast for distributions of taxes
collected under this chapter pursuant to subsection (2). As used in this
paragraph, the term "current official forecast" means the most recent fore-
cast as determined by the Revenue Estimating Conference. If the current
official forecast for a fiscal year changes after payments under this para-
graph have ended during that fiscal year, no further payments are required
under this paragraph during the fiscal year.
(d) The remainder of the monevs distributed under this subsection, after
the required pavments under para r~aphs (a), (b), and (c), shall be paid into
the State ~Yeasurv to the credit o£
withstandin~v other law to the contrarv:
b For the purposes of the Small County Outreach Program specified in
s. 3392818, 5 percent of these funds;
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d For the pur~oses of the Transportation Regional Incentive Program
snecified in s. 339.2819. 25 percent of these funds after allocating for the
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
New Starts Transit Program described in sub-subpara~ra,ph a. and the
Small Countv Outreach Program described in sub-subparagraph b.
bv s. 403.890.
Classrooms for Kids Program created in s. 1013.735, and $30 million to be
used to fund the Hig~h Growth Countv District Capital Outlav Assistance
Grant Program created in s. 1013.738. If required, new facilities constructed
under the Classroom for Kids Pro~ram must meet the requirernents of s.
1013.372.
monthlv installments, with $3 million to be used to fund technical assistance
to local ~overnments and school boards on the requirements and implemen-
tation of this act and $250.000 to be used to fund the Centurv Commission
established in s. 163.3247.
Monevs distributed pursuant to this para r~aph mav not be pled~ed for debt
service unless such pledee is approved bv referendum of the voters.
~(~ The remainder of the moneys distributed under this subsection,
after the required payments under paragraphs (a), (b), ~(c) and d, shall
be paid into the State Treasury to the credit of the General Revenue Fund
of the state to be used and expended for the purposes for which the General
Revenue Fund was created and exists by law or to the Ecosystem Manage-
ment and Restoration Trust Fund or to the Marine Resources Conservation
Trust Fund as provided in subsection (11).
Section 27. (1) The following appropriations are made for the 2005-
2006 fiscal year only from the General Revenue Fund, from revenues denos-
ited into the fund pursuant to section 201.15(1)(e). Florida Statutes, on a
nonrecurring basis and in quarterlv installments:
(a) To the State Transportation Trust Fund in the Department of Trans-
portation, $575 million.
Mana~ement and Restoration Trust Fund in the Department of Environ-
mental Protection.
(c) To the Public Education CaAital Outlav and Debt Service Trust Fund
in the Department of Education, $71.65 million.
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Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(d) To the Grants and Donations Trust Fund in the Department of Com-
munitv Affairs, $3.35 million.
(2) The followin aAAropriations are made for the 2005-2006 fiscal ~~ ear
onlv on a nonrecurrin~ basis:
(a) From the State Transportation Trust Fund in the Department of
Transportation:
1. ~vo hundred million dollars for the purposes specified in sections
339.61, 339.62. 339.63, and 339.64, Florida Statutes.
2. ~vo hundred seventv-five million dollars for the purposes specified in
section 3392819, Florida Statutes.
3. One hundred million dollars for the purposes specified in section
339.55, Florida Statutes.
4. ~ventv-five million for the ~nrposes specified in section 339.2817,
Florida Statutes.
(b) From the Water Protection and Sustainabilitv Program Trust Fund
or, if that trust fund is not created, from the Ecosvstem Management and
Restoration Trust Fund, in the Department of Environmental Protection,
$100 million for the purposes specified in section 403.890, Florida Statutes.
(c) From the Public Education Capital Outlav and Debt Service Trust
Fund in the Department of Education, the sum of $71.65 million with $41.65
million for the purpose of funding the Classrooms for Kids Pro~ram created
in section 1013.735. Florida Statutes and $30 million to be used to fund the
(d) From the Grants and Donations Trust Fund in the Department of
Communitv Affairs:
3. Fifty thousand dollars to support the School Concurrencv Task Force.
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constructed under the Classroom for Kids Program must meet the require-
ments of section 1013.372, Florida Statutes.
2. ~vo hundred and fiftv thousand dollars to support the Centurv Com-
mission, created bv section 163.3247, Florida Statutes.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
[The above paragraph 3. was vetoed by the Governor.]
4 Fiftv thousand dollars to su~port the Impact Fee Task Force.
Section 28. Beginnin~ in fiscal vear 2005-2006, the Department of Trans-
portation shall allocate sufficient funds to implement the~rovisions relatin~
Section 29.
this act fulfill an important state interest.
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Section 30. School Concurrency Task Force.-
Section 31. Florida Im~act Fee Review Task Force.-
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
rule authority. With the increased use of impact fees, questions have arisen
about whether their use should be re~ulated bv law.
(2) Effective upon this act becoming~ law, the Florida Impact Fee Review
Task Force is created.
(3) The task force is to be composed of 15 members, who sha11 be ap-
pointed within 30 davs after the effective date of this section.
1. Five votin~members selected bv the President of the Senate and five
voting members selected bv the Speaker of the House of Representative,
member of the development community, and one member of the homebuild-
. .. .... ... . „ . . . , ,. , , „
homebuilding, industries. The Governor shall designate one of his or her
a~AOintees as the chair.
2. One member of the Senate appointed bv the President of the Senate,
and one member of the House of Representatives appointed bv the Speaker
of the House of Representatives who shall be ex officio, nonvoting~ members.
3 The Secretarv of the Denartment of Community Affairs or his desigmee
is to serve as an ex officio, nonvotin~member.
(4)(a) The task force shall act as an advisor~bodv to the Governor and
the Legislature.
(b) The task force shall convene its initial meetin~ within 60 davs after
the effective date of this section and thereafter at the call of its chair.
(c) Task Force members shall not receive remuneration for their services.
but are entitled to reimbursement by the Legislative Committee on Inter-
governmental Relations for travel and per diem expenses in accordance with
section 112.061. Florida Statutes.
(5) The Task Force shall survev and review current use of impact fees as
a method of financin~ local infrastructure to accommodate new growth and
current case law controlling~ the use of impact fees. To the extent feasible.
the review is to include consideration of the following:
~a) Local ~overnment criteria and methodology used for the determina-
tion of the amount of im~act fees.
(b) A~,plication and relative burden of impact fees in different areas of the
state in relation to other methods of financing new infrastructure.
(c) The rang~e of use of impact fees as a percentage of the total canital
costs for infrastructure needs created bv new development.
71
CODING: Words s~e~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(d) The methods used b~l~overnments for the accounting and re-
portin~ of the collection and expenditure of all impact fees.
(e) Notice provisions prior to adoption and the effective date of local
ordinances creati~ a new impact fee or increasing an existing impact fee.
(~ Interlocal agreements between counties and cities to allocate impact
fee proceeds between them.
(g) Requirements and options related to timin o~ f impact fees pavments.
(h) The importance of impact fees to the abilitv of local sovernment to
fund infrastructure needed to miti~ate the impacts of development and meet
statutorv requirements for concurrencv.
(i) Methods used bv local g~overnments to ameliorate the effect of impact
fee costs on affordable housin~.
(a) Whether there is a need for statutorv direction on the methodolo~v
and data used to calculate impact fees.
(b) Whether there should be statutorv direction on pavment, exem tn ion•
or waiver of impact fees for affordable housin~.
(c) Whether there should be statutorv direction on the accountin and
reporting of the collection and expenditure of all impact fees.
(d) Whether there is a need for statutorv direction on the notice ~iven in
advance of the effective date of a new or amended impact fee ordinance.
~e) Whether there is a need for statutorv direction on the sharin~ of
impact fees between counties and cities.
(fl Whether there is a need for statutorv direction on the timing of pav-
ment of impact fees.
~) Anv other recommendation the Task Force deems approAriate.
If the task force makes a recommendation for statutorv direction, the report
shall also contain the task force's recommendation for statutorv chan~es.
72
CODING: Words s#,~~ are deletions; words underlined are additions.
(8) Effective Julv 1 2005 the sum of $50 000 is a~nropriated for fiscal
vear 2005-2006 only from the Department of Community Affairs' Grants
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
and Donations Trust Fund to the Legislative Committee on Inter overn-
mental Relations to fund the per diem and travel expenses of the task force
pursuant to section 112.061, Florida Statutes.
Section 32. Subsection (4) of section 3392817, Florida Statutes, is
amended to read:
339.2817 County Incentive Grant Program.-
(4) The department shall provide 50 percent of project costs for eligible
projects. „ ,,,,+~,~~ „f,,,~+„~,;,,.. ~,,,a~ ., .,;aoa ~.,,,,, ~~,o r,,,,,,+~, r,,,,or+;~,~
r_,..,,,+ n,.,,,,~,..,,., +„ ,-~,,, ~i;,~;~,~~ „ „+~, tr,;n ~,,, ~,~~~a ,,,, +~,,, ~ n,,.r,;,,,~•
r ~ ~,,,. •+~ +~,o ~i,,,.;a~ r„+,-~~+~+o u;,~~,.r,~~, c;,~+~,,, +~,o ao,,,,.~_
CT`~, ~r ~.iivfcvvu--v~x~i--~~i--ran-racria-r~r~ccvv~zirsrr..-o~--~vvcxu--oxx~ccF~ccrv
,,,,+ ~~,.,n „ ~,;a„ ~n „ ,,,,+ ,.f,,,,,,;~,.~ ,.,,~+~
~ ~'~~aes#,~-e~e-~~e ~g~~,~3Ls~Qe~~,.+w,o„+ ~~„ii „ _
>;ao ~n „ „+ „f,,,.,,;o,.+ ,.,,~+~
~E'~ .c~rivcai-li~cnc~oc° •T~'xrr~':"cr~'iurc~vi o*xovrccv°+cQ~+v"-'~r°cir'°c`~'~oiui~ccori~°c°vvioix
o„ +1,., C+~fn ~T;.,-1„~,~~, C~,~~nT„ +l,n ~7n,~,~,-+,,,0„1- ~l,~ll „ t>;.7o 2~ ., o„+ nF
..+ .. ~+~
P' ^aJ°v°--~"°°'°m
Section 33. Subsection (6) is added to section 3392818, Florida Statutes,
to read:
339.2818 Small County Outreach Program.-
(6) Funds paid into the State ~ansportation Trust Fund pursuant to s.
201.15(1)(d) for the purposes of the Small Countv Outreach Prog,ram are
herebv annually appropriated for expenditure to support the Small Countv
Outreach Pro r~
Section 34. Subsection (6) is added to section 341.051, Florida Statutes,
to read:
341.051 Administration and financing of public transit and intercity bus
service programs and projects.-
(6) ANNUAL APPROPRIATION.-Funds naid into the State Transpor-
tation Trust Fund pursuant to s. 201.15(1)(d) for the New Starts Transit
Pro~ram are herebv annuall~ppropriated for expenditure to support the
New Starts Transit Program.
For purposes of this section, the term "net operating costs" means all operat-
ing costs of a project less any federal funds, fares, or other sources of income
to the project.
Section 35. Subsection (3) is added to section 339.61, Florida Statutes, to
read:
339.61 Florida Strategic Intermodal System; legislative findings, decla-
ration, and intent.-
73
CODING: Words s~e~ are deletions; words underlined are additions.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
Section 36. Section 403.891, Florida Statutes, is created to read:
403.891 Annual appropriation from the Water Protection and Sustaina-
bilitv Trust Fund.-
Section 37. Section 1013.738, Florida Statutes, is created to read:
1013.738 Hi~h Growth District District Capital Outlav Assistance Grant
Pro am.-
(c) The district must have equaled or exceeded twice the statewide aver-
a~e of growth in capital outlav FTE students over this same 4-vear period.
74
CODING: Words s~e~eff are deletions; words underlined are additions.
(2) If the Water Protection and Sustainabilitv Trust Fund is not created,
such funds are herebv annually approbriated for expenditure from the
Ecosvstem Management and Restoration Trust Fund solelv for the purposes
established in s. 403.890.
(2) In order to qualif~for a erant, a school district must meet the follow-
in~' criteria:
(a) The district must have levied the fu112 mills of nonvoted discretionarY
capital outla~ge authorized in s. 1011.71(2), for each of the past 4 fiscal
ev ars•
(e) The total capital outlav FTE students of the district is greater than
15.000 students.
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
(3) The funds provided in the General Appropriations Act shall be allo-
cated pursuant to the followin~ methodolo~
(a) For each eli~ible district, the Department of Education shall calculate
the value of 50 percent of the revenue derived from the 2-mill nonvoted
discretionarv capital outla.~illage for the past 4 fiscal vears divided bv the
increase in capital outlav FTE students for the same period.
(b) The Department of Education shall determine, for each eligible dis-
trict, the amount that must be added to the value calculated pursuant to
para raph (a) to produce the weighted avera~;e value per student station
calculated pursuant to para -~raph (2)(b).
(c) The value calculated for each eli~ible district pursuant to para r~a ~h
(4) Monevs distributed to the Public Education Capital Outlav and Debt
Section 38. Subsection (3) is added to section 380.115, Florida Statutes,
to read:
380.115 Vested rights and duties; effect of chs. 2002-20 and 2002-296.-
2005.
75
CODING: Words st~e~ are deletions; words underlined are additions.
lated for all eligible districts.
(3) A landowner that has filed an a~plication for a development of re-
Section 40. From the funds paid into the Grants and Donations Trust
Ch. 2005-290 LAWS OF FLORIDA Ch. 2005-290
herebv annuall~ppropriated to support the Centurv Commission created
bv section 163.3247. Florida Statutes 1
[The bracketed portion of the above paragraph was vetoed by the Gover-
nor.)
Section 41. This act shall take effect July 1, 2005.
Approved by the Governor June 24, 2005.
Filed in Office Secretary of State June 24, 2005.
76
CODING: Words st,~ea are deletions; words underlined are additions.
City of Miami Gardens Comprehensive Development Master Plan Amendment
Page 4 of 7
ADDENDUM B.
Department of Community Affairs
Highli~hts of Senate Bill 360, June 16, 2005
Department of Community Affairs
Highlights of Senate Bill 360
June 16, 2005
NOTE: This summary is intended to provide a general understanding of the scope
and main provisions of the Act. It should not be used as a substitute for a
thorough reading of the Act. The Act (SB 360) may be accessed through the
Florida Senate website or through the DCA website (www.dca.state.fl.us).
Capital Improvements Element
• Definition of Financial Feasibility (exception from LOSS for proportionate-share
mitigation)(committed funding - first 3 years / committed or planned - years 4& 5)
• No FLUM amendments for failure to transmit CIE annual update starting 12/1/07
• CIE annual amendments conducted under expedited process (1 public hearing)
• Authorizes sanctions from Administration Commission
• Authorizes local governments to adopt a 10 or 15 year long-term concurrency
management system for transportation and school facilities under certain circumstances.
Potable Water Element
• Requires element to incorporate certain alternative water supply projects within 18
months of adoption of regional water supply plans
Public Schools Element
• Requires adoption of the element and the update to interlocal agreement by 12/1/08.
• Certain counties and municipalities may seek wavier from element requirement.
• Local governments prohibited from adopting plan amendments that increase residential
density for failure to adopt element, update interlocal agreement or amend
comprehensive plan to implement school concurrency.
• Authorizes sanctions against school boards for failure to adopt interlocal agreement or
implement provisions relating to school concurrency.
Concurrency
• Requires school capacity be in place or under actual construction within 3 years after
final subdivision or site plan approval.
• Provides for proportionate-share mitigation for school capacity.
• Requires that initially that school capacity be available on a district-wide basis but within
5 years of adoption of school concurrency, to be available on a less than district-wide
basis.
• Requires adequate water supplies be available at time of development or no later than
certificate of occupancy.
June 16, 2005
• Requires park space to be available at time of development or no later than
commencement of construction.
• Requires transportation facilities to be in place or under actual construction within 3 years
after issuance of a building permit resulting in traffic generation.
Transportation Concurrency Exception Areas, Transportation Concurrency
Management Areas and Muttimodal Transportation Districts
• Requires that local governments consult with DOT, and cooperatively develop a plan to
mitigate impacts where TCEAs, TCMAs and MMTDs will impact the SIS.
• Requires TCEAs to meet new standards on mobility, design, urban infill, etc.
• Requires TCEAs created prior to 7/1/05 to upgrade to new standards by 7/1/06 or EAR
date, whichever is later.
Transportation / De Minimis
• Mandates new reporting requirements to DCA regarding the prohibition on de minimis
exceptions (except for a single family home) where the roadway volume exceeds 110%
of the maximum roadway volume at the adopted level of service (110% limit was already
in statute prior to the Act).
Proportionate-Share Mitigation
• Requires local governments to adopt a proportionate-share ordinance and include within
their transportation concurrency management system by 12/1/06.
• Directs DOT to develop a model proportionate-share ordinance by 12/1/05.
• Provides that proportionate-share mitigation satisfies transportation concurrency under
certain conditions.
• Provides that proportionate-share mitigation shall be applied as a credit to transportation
impact fees under certain conditions.
Regulatory Incentives
• Provides that where local governments have adopted a community vision and "urban
service boundary" into their comprehensive plan, that map amendments within the urban
service boundary are exempt from state and regional agency review, except in Areas of
Critical State Concern or Coastal High Hazard Areas.
• Provides that in cities with a designated urban infill and redevelopment area that map
amendments are exempt from state and regional agency review, except in Areas of
Critical State Concern or Coastal High Hazard Areas.
• Provides that in Rural Areas of Critical Economic Concern that small scale amendments
are increased from 10 acres to 20 acres provided it furthers certain economic objectives
and meets certain other requirements. Non-small-scale amendments in these areas that
further economic development objectives may be approved without regard to statutory
limits on frequency of adoption of comprehensive plan amendments.
• Exempts small scale amendments involving the construction of affordable housing
meeting certain criteria from the 10 dwelling unit per acre density limitation.
Highlights of Senate Bill 360
2
June 16, 2005
• Creates a DRI exemption within designated "urban service boundary," within Urban Infill
and Development Areas, and within Rural Land Stewardship Areas where the local
government has entered into an agreement with DOT and adjacent jurisdictions, and has
adopted proportionate share methodology pursuant to s. 163.3180 (16).
Other Comprehensive Plan/DRI Provisions
• Adds to the list of items that must be evaluated and assessed through the evaluation and
appraisal report (EAR) for local comprehensive plans..
• Local government prohibited from adopting plan amendments for failure to adopt and
transmit EAR update amendments to state land planning agency by due date. These
amendments must be adopted during a single amendment cycle.
• Within 6 months after effective date of EAR update amendments, local government must
provide a complete copy of updated comprehensive plan to state land planning agency
and other reviewing agencies.
• Requires Rural Land Stewardship Areas to address affordable housing and conduct a
listed species survey.
• Provides that a small scale amendment may involve a residential land use with a density
of more than 10 dwelling units per acre, provided that the maximum residential density of
the proposed land use designation does not exceed the maximum residential density of
the existing land use designation.
• Exempts DRIs with a development order issued before the effective date of the Act or an
application submitted before 5/1/05 from the provisions of the Act relating to Ch. 163 and
380, F.S.
Century Commission
• Creates a standing body charged with developing a 25 and 50 year state vision.
• Composed of 15 members balanced among the various stakeholder interests.
• Requires an annual report to the Governor and Legislature, starting 1/16/07.
• Directs the Legislature to create a select committee to review the commission's annual
findings and recommendations, starting with the 2007 session.
• Requires DCA to provide commission staffing.
School Concurrency Task Force
• Creates the task force to review the requirements of school concurrency and to
recommend how to streamline the process.
• Directs the task force to review the methodology and processes used for funding public
school construction and to recommend how to ensure that schools are available
concurrent with demand.
• Composed of 11 members balanced among the various interests.
• Requires a report to Governor and Legislature by 12/1/05.
Highlights of Senate Bill 360
3
June 16, 2005
Florida Impact Fee Review Task Force
• Creates the task force to review and recommend use of impact fees as a method of
financing local infrastructure.
• Composed of 15 members balanced among the various stakeholder interests.
• Requires a report to Governor and Legislature by 2/1/06.
• Directs the Legis. Committee on Intergovernmental Relations (LCIR} to serve as staff.
Infrastructure Funding
• Provides recurring and non-recurring funding in the amount of $1.5 billion for certain
public infrastructure.
Non-recurring funding for FY 05/06 as follows:
o State Transportation Trust Fund -$575 million
o Water Protection & Sustainability Trust Fund -$100 million
o Public Education Capital Outlay -$71.6 million
o Local Government Technical Assistance (directed to DCA) -$3.35 million ($250
thousand to Century Commission and $50 thousand to both School Concurrency
Task Force and Florida Impact Fee Review Task Force)
Recurring funding as follows:
o State Transportation Trust Fund -$541 million
^ STARTS Transit Program -10%
^ Small County Outreach - 5%
^ SIS - 63%
^ Transportation Regional Incentive Program - 21 %
o Water Protection & Sustainability Trust Fund -$100 million
o Public Education Capital Outlay -$105 million
^ Classrooms for Kids - $75 million
^ High Growth County - $30 million
o Local Government Technical Assistance (DCA) -$325 million
^ DCA - $3 million
^ Century Commission - $250 thousand
Highlights of Senate Bill 360
4
City of Miami Gardens Comprehensive Development Master Plan Amendment
Page 5 of 7
ADDENDUM C.
Division of Communit_y Plannin~,
School Plannin~ related information
School Planning - Division of Community Planning Page 1 of 4
Division of Community Planning
_Division._Home ~ Statutes__and___Rul_es ~ D.R.I. Procedures ~ Comp Plan_Procedures ~ Re.ports.._and._._Notices._Online
School Planning
Additional information may be found by visiting the Department's Growth Manaqement 2005 Public School
Planninq website, Chapters 163.,_Part._I_I. and 1_013, Sections 1_63.3177, _1_6_3__3_1777, 1_63_.3_1,8_0, 1002.33, 1013 355,
Florida Statutes.
1. What._is..school._.plan_nin.g?
2. INhat are._the re_qu_irements._of._the..n..e_.w_(eg.islation?
3. What is._the deadlme for a local..go_v_ernment_to adopt a P_ublic School Facilities_E(ement and__update._the
public school interlocal apreement?
4. School.._Concurrency.._Pilot._Communities
5. Waiver from School Concurrency - Counties
6. Exem.ptian_from.._School__Concurrencv -_Mun.ici_palities
7. Public.School Cancurrency.._Technical._Assista_n_.ce_Documents
8. What_are.the procedures. for submittinq~ublic school_~nteriocal agreemznts and amended.. a,g.reements?.
9. 1/Vi.ll the._Department pub{ish. Schoal.._lnterlocal Agreement_consistencv fndings?
10. How much school funding was ap~rapriated.._by_the_2005.._Legislature through Senate__Bill_360?
11. How is the Classrooms for Kids fundinQ allacated?
_..._..------......_.._.._.........__ ................_....._.......__._..
--....------- ---
12. How are__the_Hi.gh. Growth District_Ca.pital_Outlay._Assistance. Grants__all_ocated?
13. What are_school_impact fees?
14. 1/Vhat is an Educational Facilities Benefiit District?
_...._..---..........--- -....---.._.._....._........._........---......._........--.........._....__...._.......__........._..._._._..--
15. Contact infarmation
1. What is school planning?
Legislation enacted by the 2005 Florida Legislature (Senate Bill 360, Laws of Florida 2005-290) mandates a
comprehensive focus on school planning by requiring local governments and school boards to adopt a school
concurrency system. School concurrency ensures coordination between local govemments and school boards in
planning and permitting developments that affect school capacity and utilization rates. View a presentation about
public schoal._concurrencv.
2. What are the requirements of the new legislation?
With the passage of Senate Bill 360, school facilities concurrency is no longer optional. The following sections of
Chapter 163, Part II, F.S., should be interpreted as a whole rather than individually. To implement school
concurrency, local governments and school boards are required to:
. Update existing public school interlocal agreements and the Intergovernmental Coordination Element to
include coordinated procedures for implementing school concurrency (Sections 163.3177(6)(h)(1),
163.31777, F.S., and 163.3180(13), F.S.;
. Adopt a Public School Facilities Element (P.S.F.E.) into the comprehensive plan (Sections 163.3180(13)(a)
and 163.3177(12), F.S., and Rule 9J-5_025_, F.A.C.);
• Adopt level-of-service (L.O.S.) standards to establish maximum permissible school utilization rates relative
to capacity, and include L.O.S. standards in an amended Capital Improvements Element of the
comprehensive plan and in the updated interlocal agreement (Section 163.3180(13)(b), F.S.);
. Establish a financially feasible Public School Capital Facilities Program and include this program in an
amended Capital Improvements Element of the comprehensive plan (Section 163.3180(13)(d)1., F.S.);
. Establish proportionate-share mitigation methodology and options to be included in the P.S.F.E. and the
http://www.dca.state.fl.us/fdcp/dcp/SchoolPlanning/index.cfm 12/5/2007
School Planning - Division of Community Planning
Page 2 of 4
interlocal agreement (Section 163.3180(13)(e), F.S.);
. Establish public school Concurrency Service Areas (C.S.A.s) to define the geographic boundaries of
school concurrency, and include the C.S.A.s in the updated interlocal agreement and in the supporting
data and analysis for the comprehensive plan (Sections 163.3180(13)(c) and 163.3180(13)(g)(5), F.S.).
(Please note that each of the above mandatory items has many detailed statutory requirements, as defined
in Chapters 163, Part II, and 1013, F.S.)
Failure to adopt the Public School Facilities Element, to enter into an approved update interlocal agreement, or to
amend the comprehensive plan as necessary to implement school concurrency, will subject the local government
to being prohibited from adopting comprehensive plan amendments that increase residential density and subjects
a school board to funding withholding sanctions equivalent to the available funds for school construction.
3. What is the deadline for a local government to adopt a Public School
Facilities Element and update the public school interlocal agreement?
The Department of Community Affairs has established a phased schedule for adoption of Public School Facilities
Elements and updated interlocal agreements for all Florida counties and municipalities. All counties/municipalities
must complete Public School Facilities Element adoptions and interlocal agreement updates no later than
December 1, 2008. Pursuant to Section 163.3177(12)(i), F.S., on August 5, 2005 the Department published its
Notice of Schedule for Submission of Public School Facilities Element and Required Updates to the Public
Schools Interlocal Agreement, in the August 5, 2005 issue of the Flori_da.._Ad_ministrative._Weeklv. View.th_e..notice.
For more information about the adoption submittal schedule, please contact Ray Eubanks., Division of Community
Planning, at (850) 922-1767.
Read letter tg._Local_Gavernment__Officials of August 5, 2005 advising af school concurrency requirements.
Read letter_.to__School_Bcard_OfFicials ofAugust 5, 2005 advising of school concurrency requirements.
4. School Concurrency Pilot Communities
The Department has contracted with Hillsborough, Indian River, Lake, Sarasota, St. Johns, and Walton County
governments and school boards to serve as school concurrency "pilot communities." During 2006, these pilot
communities developed and submitted to the Department draft interlocal agreements, draft public school facilities
elements with supporting data and analysis, and draft amendments to the capital improvement and
intergovernmental coordination elements.
These are draft documents and are subject to change as the pilot communities continue to refine their public
school concurrency programs. They have been prepared to serve as examples and to assist other school boards
and local governments in getting started with the preparation of their own school concurrency programs. The
Department has not formally determined these documents to be in compliance. View draft d_ocuments.
5. Waiver from School Concurrency - Counties
Pursuant to Section 163.3177(12)(a), F.S., the Department of Community Affairs may provide a county and the
municipalities within that county with a waiver from school concurrency requirements based on the specific
qualifying criteria listed in the section. To assist county governments and school districts in providing the relevant
information to be eligible for the waiver, the Department has prepared a waiver application form. The form must
be approved and signed by both the county commission chairperson and the district school board chairperson.
Municipalities within the applying county must be afforded an opportunity to comment and/or object to the
application. Typically, waivers will be granted for two years, at which time the county and school board will need
to resubmit for continuing eligibility for the waiver. The two-year period may be either shorter or longer depending
on the data and analysis.
6. Exemption from School Concurrency - 1lllunicipalities
http://www.dca.state.fl.us/fdcp/dcp/SchoolPlanning/index.cfin 12/5/2007
School Planning - Division of Community Planning Page 3 of 4
Pursuant to Section 163.3177(12)(b), F.S., the Department may find a municipality exempt from school
concurrency requirements based on the specific qualifying criteria listed in the section. To assist local
governments in providing the relevant information to be eligible for the exemption, the Department has prepared
an exemption a.pplication form. The form must be accompanied by a letter from the district school board indicating
its concurrence with both the application for exemption and the information provided to support it. Additionally, in
accordance with Section 163.31777, F.S., at the time of the evaluation and appraisal report, each exempt
municipaliry must assess the extent to which it continues to meet the criteria for exemption. If the municipality
continues to meet these criteria, the municipality shall continue to be exempt from the interlocal agreement
requirement. Each municipality exempt under Section 163.3177(12), F.S., must comply with the public school
concurrency requirements within one year after the district school board proposes, in its five-year district facilities
work program, a new school within the municipality's jurisdiction.
7. Public School Concurrency Technical Assistance Documents
The DepartmenYs "Pay As You Grow" series of Public School Concurrency technical assistance guides are
designed to present best practices and innovative techniques for implementing a financially feasible public school
concurrency management program. These guidebooks were developed based upon legislative requirements,
growth management expertise and the experiences of our six school concurrency pilot communities. This series is
composed of the following guidebooks:
• Establishinq._Level af._Serv_ice._Stand_ards_for_Pu_bl_ic._School..Concurre~. This is a technical document
designed to assist Florida's local governments and school boards in establishing level of service standards
for use in public school concurrency systems.
• Pro...portionate Share Mitiq.ation for__S_...chool..Goncurrenc~. This is a technical document designed to assist
local governments and school boards in developing a proportionate share mitigation methodology and
identifying proportionate share mitigation options.
• Model..School Concurrency__Management_Ord.inance. This technical document is designed to serve as a
model ordinance for local governments when establishing school concurrency processes and procedures.
. Model Proportionate Share Mitiqation Development Aqreement. This technical document is designed to
serve as a model agreement between the local government(s), school board, and developer when
establishing proportionate mitigation utilizing proportionate share mitigation options to satisfy school
concurrency level of service standards.
. Best. Practices for Coordinated_Public School_._Planning. This technical document is designed to provide you
with best practices in school concurrency processes, coordination, estabfishing standards, funding policies
and sources, and methods to ensure that capacity needs are met.
8. What are the procedures for submitting public school interlocal agreements
and amended agreements?
Revised Rule 9J_11, F.A.C., Procedures for Submittal and Review of Comprehensive Plans and Amendments,
became effective November 24, 2002. Rule 9J-11.022, F.A.C., establishes the procedures for submitting public
school interlocal agreements and amended agreements.
9. Will DCA publish School Interlocal Agreement consistency findings?
The law provides that the Department will review executed interlocal agreements and determine whether they are
consistent with the requirements of Sections 163.31777(2) and 163.3180(13)(g), F.S. Once a consistency
determination is made, Section 163.31777(3)(a), F.S., requires the Department to publish its findings in the
Florida Administrative Weekly and to post a copy of the findings online.
10. How much school funding was appropriated by the 2005 Legislature
through SB 360?
The bill contained two specific appropriations directly related to growth. The first provides $83.4 million for
Classrooms for Kids; the second provides $30 million for tlie High Growth District Capital Outlay Assistance Grant
http://www.dca.state.fl.us/fdcp/dcp/SchoolPlanning/index.cfm 12/5/2007
School Planning - Division of Community Planning Page 4 of 4
Program.
11. How is the Classrooms for Kids funding allocated?
The allocation of appropriated funds is similar to the methodology applied for allocating Public Education Capital
Outlay (P.E.C.O.) funds. Of the total appropriated amount, 25 percent is prorated based on each district's
percentage of base capital outlay full-time equivalent (C.O.F.T.E.) membership, and 65 percent is based on each
district's growth capital outlay full-time equivalent (C.O.F.T.E.) membership. The remaining 10 percent of the
appropriation is allocated according to the formula for the distribution of the P.E.C.O. maintenance, repair,
renovation and remodeling lump sum appropriation.
12. How are the High Growth District Capital Outlay Assistance Grants
allocated?
A district has to meet the following five specific criteria to be eligible to receive these funds:
. The district must have levied the full iwo mills of non-voted discretionary capital outlay millage for each of
the past four fiscal years;
• Fifty-percent of the revenue derived from the two-mill revenue for the past four fiscal years, when divided
by the districYs growth in capital outlay F.T.E. students during this period, produces a value that is less
than the average cost per student station. This cost is weighted by the statewide growth in capital outlay
F.T.E. students in elementary, middle and high schools for the past four years;
. The district's growth in capital outlay F.T.E. students during the past four fiscal years must have equaled or
exceeded twice the statewide average of growth in capital outlay F.T.E. students during the same four-year
period;
• All of the Classrooms First funds must have been released by the Commissioner of Education and fully
expended by the school district as of February 1 of the current fiscal year;
• The total capital outlay F.T.E. students of the district is greater than 15,000 students.
13. What are school impact fees?
School impact fees are a way to recognize the cost of development and land use on the local school system.
Several local governments have implemented school impact fees. For specific information you may contact the
particular local government to find out how it has developed and implemented its fees.
14. What is an Educational Facilities Benefit District?
Section 1013.355, F.S., establishes an alternative means for district school boards and local governments to
establish, through interlocal agreements, an Educational Facilities Benefit District to assist in financing the
construction and maintenance of educational facilities. Osceola County adopted an ordinance in September 2003
creating the Bellalago School Benefit District. The County has provided copies of the resolution, adoption
ordinance, funding agreement, and an amendment to the funding agreement as examples that other local
governments may reference.
15. Contact information:
Susan Poplin, AICP, Community Program Administrator
850-487-4545, SUNCOM 277-4545
susan..poplin_@dca.state_fl_us
Florida Department of Community Affairs
2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100 (M~p)
(850) 488-8466 ~ Tolf-Free 1-877-352-3222 ~ TDD 1-800-226-4329
Please co~~t~ct_the ~!~~ebmaster if you experience any problems with this website.
http://ww~~v.dca.state.fl.us/fdcp/dcp/SchoolPlanning/index.cfm 12/5/2007
City of Miami Gardens Comprehensive Development Master Plan Amendment
Page6of7
ADDENDUM D.
Miami-Dade School Board
Approval of School Board Concurrencv Task Force
Recommendations and Authorization to execute the
Amended and Restated Interlocal Agreement for
Public School Concurrency Dated November 20,
2007
~ffice of Superintendent of Schools November 7, 2007
Board Meeting of Navember 20, 2007
Ofifce of Schooi Facilities
Jaime G. Torrens, Chief Facilities ~fficer
SUBJECT: 1) REQUEST FOR APPROVAL OF THE SCHOOL
BOARDC~NCURRENCY TASK FORCE
RECOMMENDATIONS ON THE IMPLEMENTATION QF
SGHOdL CONCURRENCY, PURSUANT TO THE
GOVERNiNG 2005 GROWTH MANAGEMENT
LEGISI,ATlON; AND
2) AUTHORI~~4TION TO EXECUTE THE AMENDED AND
RESTAT~D INTERLOCAL AGR`EEMENT FOR P~lBLIC
SCHOOL FACILITY PL~4NNING BETWEEN THE SCHOOL
BOARD AND ALL NONEXEMPT LOCAL GOVERNMENTS,
TO INCORPORATE THE STATE MANDAT~D SCHOOL
CQNCURRENCY REQUfREMENTS
COMMITTEE: FACILITIES ANO GONSTRUCTION REFORM
LlNK TO
STRATEGIC PLAN: IMPROVE CONSTRUCTION SERVlCES
Backgraund ~
During its 2005 session, the State Legislature enacted growth management legista#ian,
mandating the implernentafion of a County-wide uniform school concurrency system,
with an implementatian deadline far Miamr-Dade County of January 1, 2008. To ensure
participation from affected stakeholders, the Board, at its August 17, 2Q05 meeting,
authorized the creation of a School Board Concurrency Task Force (Task Force) to
prov~de recommendations to effect~rate full and timely compliance. The Tas[c Force's
membership included: Schoot Board (2); Miami-Dade Gounty (1 }; Miami-Dade League
of Cities (2); Builders Association of Sou~i Florida {2); Latin Buitders Association (1),
and a non-voting representative from the South Florida Regional Planning Council.
The Task Force convened over a ten-month. period and produced a camprehensive
report autlining its initial ~ecommenclations. The report was received by the Board at its
January 17, 2007 meeting, and the Superintendent was directed to finalize the required
amendments fo the existing Inter4ocal agreement for Public Schooi Facility Pianning
(Interlocal Agreer~ent} to incorporate school concurrency provisions.
Additional Task Force Recommendations
Since the January 2007 report issuance, the Task Force has reconvened to refne its
recommendations based on additional input from District staff, participating local
gavernments and comments received from the Department of Community Affairs
(DCA). FoNowing is a fist of the Task Force's recommendations:
Page 1 of 4 ~•• 1~
That the Level of Service (LOS} Standards be 100% utilization of FiSH capacity,
to include both permanent and relocatabfe classrooms by 2Q13, and that by
2010, the School District reevatuate the L4S and consider the financial ~easibi{i~y
of attaining a LOS based on 10Q% utilization of permanent FISH Eapacity. The
Task Force is also recommending as an ultimate goal that a41 public schoai
facili#ies be at a LOS of 100% utilization of permanent FISH capacity by January
1; 2018;
• 7hat as it relates to concurrency capacity reservatians, they be obtained from the
schoals of impact and/or immediately adjac+ent schools, assuming capacity is
available; and
~ That con~urreney capacity reservations not exceed a maximum of 6 years,
unless othentiise specifed in a Development Agreement executed under the
Proportionate Share Mitigation process. The County and individual cities have
different , concurrency capacity ~eservation timelines, and schoof concurrency
reservations will micror thei~s; :
~ That the Interlocal Agreement include language specifying thaf in arder to
maximize the efficient utiiization of pubtic funding and to promote the collocation
and shared use of county and municipal facilities with School Board-owned and
operated public schaols, local gauernrnents are strongly encouraged noE fo
require the provision or enhancemen~ bf charter school facilities~as a candi.tiort~ of
tocai devetopment approval, particularfy since charter schools are not being
recommended as suitable mitigation options;
That pursuant ta the DCA Repo~t, a E.OS standard for magnet schoots of 100°!0
FISH utilization capacity be established, based on distciet-wide enrQl(ment,
updated annually (October FTE);
^ That credits red~cing the totai impact of proposed development for magnet and
charter: scho.ols enrotlment be calculated based on the ratio of total students
attending these schools, vis-~-vis total enrollment in traditiana! public schao4s.
Amended and Restated Interlocal Aqreement (iLA)
The 2005 Florida Legislature also requires that the existing ILA be amended and
restated to incorporate schoo( cancurrertcy, and under this new growth management
mandate, School Board palicy adopted on April 43, 20~5, under Board Item F-7, will be
etiminated. The requirements of the concurrency management system will now be
incorporated in the p~aposed Amended and Restated lnterlocal Ag~eement, wliich is
being submitted to the Board as supplementaf information. Following are salient
amendments, the vast majority of which were already identified in the January 2Q07
Task Farce Report to the Baard:
~~ The School District, County and Cities wil( coaperate to coordinate the approvaf
of residential deve{opments in order to provide adequate public schoot facilities in
a timely manner and at appropriate locations, ta etirninate capacity deficits and
provide capacity for projected new growth;
Page 2 of 4
The Schooi Board wil! annually prepare, adopt and imptement a financially
feasible capiCaf facilities program in keeping with the adopted LOS standard and
consistent with the goal of maximizing the utilization af schoo( capacity to the
greatest extent possible;
• The School Dist~ict will provide the Disfrict`s adopted plan ta the County and
Cities no later than October 20~h of each year, for their adoption as pa~t of their
respective camp~ehensive plans each year by no later than December 1st ;
The Caunty and Cities will be responsible for any required amendments to their
Pubfic School Facitities E(emet~t and related amendmenfs to the Capital
tmprovements Element of their respective Compfehensive Development Plans.
All iuture schoo!-related amendments will be provided to the School District at
feast ninety (90} days prior to transmittai of each Comprehensive Development
Plan to the I~CA. As needed, the School District wiq review scf~oo(-related
element amendments and provide comments,, if any, at least thirty (30) days prior
to the local planning agency meetmg o~ by attending and providing camments at
the meeting;
The Schoaf Districf wil[ provide a preliminary assessment of public schooi
concurrency at time of preliminary plat or subdivision however, a formal
concurrency determinatian wili be issued only at final plat, site plan (or functional
equivalent), as called for in statute;
Planned capacity improvements in the first three years of the Plan shalt be
considered available capacity and factored into the L~S analysis for the
particular develflpment application. This L0~ standard wifl be tested at each of
the applicable Concurrency Service Areas (CSA} for each of the three levels, i.e.,
elementary, middEe and senior high schaols. The CSA match the pubfic school
attendance boundaries. As contained in the January 2007 Report, concurrency
will first be tested at the immectiate schoois of impact, and where sufficient
capacity is not availabfe, next tested at the immediately adjacent schools,
provided all schools fall within the same geographic quadrant;
The School District will charge non-refundable application fee to covec the in-
house cost to review and process comprehensive plans, rezonings and
Deve[opment of Regional Impact proposats o~ amendmenfs thraugh its
concurrency' management system;
A new section has been added that estabfishes the mechanism for
intergovernmentaf coordination on the implementation of a uniform Districf-wide
public school concurrency system;
(n those instances where Capacity is not available or planned to meet schoal
concurrer~cy needs af a particular development, options wiil be available to
applicants for proportionate sfiare mitigation as foUaws:
Page 3 of 4
Monetary Cantributions - Contribute full capital cost of a planned
project that would serve the development;
Land - Donate land to the School Board and/ar capital dollars far
pucchase of iand needed for construction of a planned project, or
project proposed to be added withi~ the ~rst 3 years of the Plan;
^ Construction - Bui(d a current school project, or project proposed ta
b~ added within the first 3 years af the Capital Plan, on land owned
by tl~e $choo[ E3oard ` or donated by another development~ with
suffic'ient capacity to address the development's concurrency
needs;
^ Mix anc~ Match - Combine two or more of the options above; and
Mitiqation Bankinq - Build a school project with greater capacity
than regui~ed under the concurrency mandate, and bank the
excess capacity with the abili#y to sell credits to other developments
impacting the same schoot(s), as they appiy for concu~~ency. If
selected, this process woufd be administe~ed by the Schvol`District.
The fLA wif{ be reviewed by the School Board Attorney's Office and Office of Risk and
Benefits Managemertt priar to its execution.
RECOMMENDED: That The School Board of Miami-Dade County, Florida:
1} approve the School Board Concurrency Task Farce
recommendaEions on the implementation of school concu~rency
pursuant to the governing 20Q5 growth management legislation,
as described above in greater detail; and
2} authorize the execution of the amended and restated Interlocal
Agreement for Public Schoof Faci#ity ~P[anning between the
School Board and all nanexempt Eocal govemments, to
incorporate the State mandated school concurrency
requirements, under the terms and conditions set forth above.
VGV:scj
Page 4 of 4
City of Miami Gardens Comprehensive Development Master Plan Amendment
Page 7 of 7
ADDENDUM E.
Miami-Dade County
Memorandum dated November 27, 2007
MlAM I•D~ADE
fVlemorandum a~
Date: November 27, 2007
Special Item No. A
To: Honorable Chairman Bruno A. Barreiro
and Members, Bo of County Commissioners
From: George M. Burg
County Manager
Subject: Manager's Report; Public Hearing and Report on April 2007 Cycle Applications to
Amend the Comprehensive Development Master Plan
A public hearing to address requested amendments to the Comprehensive Development Master Plan
(CDMP) is scheduled for Tuesday, November 27, 2007 beginning at 9:30 AM in the Commission
Chamber. The purpose of the hearing is for the Board of County Commissioners (Board) to address
the April 2007 cycle appfications requesting amendments to the CDMP: ~M
A total of 17 applications were filed in the April 2007 Cycfe. Application No. 7 was lawfully withdrawn
by the applicant in a letter dated October 1 Q, 2007. Four (4) applications (Application Nos. 1, 2, 10 and
11) request small-scale amendments to the Land Use Plan map of the CDMP and are eligible for final
action by the Board to Adopt, Adopt With Change, Not Adopt and Transmit, or Deny at this hearing. An
Ordinance is provided for the Board to take such final action on these four small-scale amendment
requests (Special Item No. 1). This ordinance was approved by the Board at first reading on November
6, 2007.
The Board is also scheduled to take action on a Resolution (Special Item No. 2) transmitting to the
Florida Depa~Fment of Community Affairs (DCA), the remaining 12 standard CDMP amendments.
Application Nos. 3, 4, 5, 6, 8, 9, 12, 13, 14, 15, 16 and 17, and any small-scafe amendments which are
not adopted by Special Item No. 1 but which the Board would like to further consider after DCA review
and issuance of the Objections, Comments and Recommendations (ORC) report. Se,~ion 2 of the
resolution contains a request for DCA to review all of the transmitted applications. '_~--_
An Ordinance (Special Item No. 3) is included for first reading at the conclusion of the public hearing.
Each application that is transmitted to DCA by resolution (Special Item No. 2) will be heard again and
finally decided by the Board in April 20Q8. The Planning Advisory Board (PAB) acting as the Local
Planning Agency will conduct another public hearing to review and issue its final recommendations on
all transmitted applications, which are reviewed by DCA, prior to the final Board's public hearing. ~
The additional materials in your agenda kits regarding the April 2007 Cycle include the following: the
"Initial Recommendations, April 2007 Applications to Amend the Comprehensive Development Master
Plan Volumes 1 and 2 dated August 25, 2007," "Miami-Dade Water and Sewer Department, Final
Water Supply Facilities Work Plan Support Data," the Agenda, a set of resolutions containing the
recommendations from affected Community Councils, two (2) resolutions (PAB April 2007 Resolutions
1 and 2) by the PAB acting as the Local Planning Agency (LPA) containing its recommendations, a
summary of the minutes of the recent PAB public hearing dated October 15, 2007 addressing the
applications, and additional information (if any) pertaining to any of the applications. An updated
summary sheet of the recommendations of the DP&Z, Community Councils, and the LPA is attached.
(
Assistant County anager
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Statutes & Constitution :View Statutes :->2007->Ch1013->Section 33 : flsenate.gov Page 1 of 5
Select Year: 2007 Go
The 200~ Florida Statutes
____ ~_ _-
Title XLVIII Chapter 1013 View Entire Chapter
K-20 EDUCATION CODE EDUCATIONAL FACILITIES
1013.33 Coordination of planning with local governing bodies.--
(1) It is the policy of this state to require the coordination of planning between boards and local
governing bodies to ensure that plans for the construction and opening of public educational
facilities are facilitated and coordinated in time and place with plans for residential development,
concurrently with other necessary services. Such planning shall include the integration of the
educational facilities plan and applicable policies and procedures of a board with the local
comprehensive plan and land development regulations of local governments. The planning must
indude the consideration of allowing students to attend the school located nearest their homes
when a new housing development is constructed near a county boundary and it is more feasible to
transport the students a short distance to an existing facility in an adjacent county than to
construct a new facility or transport students longer distances in their county of residence. The
planning must also consider the effects of the location of public education facilities, including the
feasibility of keeping central city facilities viable, in order to encourage central city
redevelopment and the efficient use of infrastructure and to discourage uncontrolled urban sprawl.
In addition, all parties to the planning process must consult with state and local road departments
to assist in implementing the Safe Paths to Schools program administered by the Department of
Transportation.
(2)(a) The school board, county, and nonexempt municipalities located within the geographic area
of a school district shall enter into an interlocal agreement that jointly establishes the specific
ways in which the plans and processes of the district school board and the local governments are to
be coordinated. The interlocal agreements shall be submitted to the state land planning agency
and the Office of Educational Facilities and the SMART Schools Clearinghouse in accordance with a
schedule published by the state land planning agency.
(b) The schedule must establish staggered due dates for submission of interlocal agreements that
are executed by both the local government and district school board, commencing on March 1,
2003, and concluding by December 1, 2004, and must set the same date for all governmental
entities within a school district. However, if the county where the school district is located
contains more than 20 municipalities, the state land planning agency may establish staggered due
dates for the submission of interlocal agreements by these municipalities. The schedule must begin
with those areas where both the number of districtwide capital-outlay full-time-equivalent
students equals 80 percent or more of the current year's school capacity and the projected 5-year
student growth rate is 1,000 or greater, or where the projected 5-year student growth rate is 10
percent or greater.
(c) If the student population has declined over the 5-year period preceding the due date for
submittal of an interlocal agreement by the local government and the district school board, the
local government and district school board may petition the state land planning agency for a
waiver of one or more of the requirements of subsection (3). The waiver must be granted if the
procedures called for in subsection (3) are unnecessary because of the school district's dedining
school age population, considering the district's 5-year work program prepared pursuant to s.
1013.35. The state land planning agency may modify or revoke the waiver upon a finding that the
conditions upon which the waiver was granted no longer exist. The district school board and local
governments must submit an interlocal agreement within 1 year after notification by the state land
planning agency that the conditions for a waiver no longer exist.
(d) Interlocal agreements between local governments and district school boards adopted pursuant
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to s. 163.3177 before the effective date of subsections (2)-(9) must be updated and executed
pursuant to the requirements of subsections (2)-(9), if necessary. Amendments to interlocal
agreements adopted pursuant to subsections (2)-(9) must be submitted to the state land planning
agency within 30 days after execution by the parties for review consistent with subsections (3) and
(4). Local governments and the district school board in each school district are encouraged to
adopt a single interlocal agreement in which all join as parties. The state land planning agency
shall assemble and make available model interlocal agreements meeting the requirements of
subsections (2)-(9) and shall notify local governments and, jointly with the Department of
Education, the district school boards of the requirements of subsections (2)-(9), the dates for
compliance, and the sanctions for noncompliance. The state land planning agency shall be
available to informally review proposed interlocal agreements. If the state land planning agency
has not received a proposed interlocal agreement for informal review, the state land planning
agency shall, at least 60 days before the deadline for submission of the executed agreement,
renotify the local government and the district school board of the upcoming deadline and the
potential for sanctions.
(3) At a minimum, the interlocal agreement must address interlocal agreement requirements in s.
163.3180(13)(g), except for exempt local governments as provided in s. 163.3177(12), and must
address the following issues:
(a) A process by which each local government and the district school board agree and base their
plans on consistent projections of the amount, type, and distribution of population growth and
student enrollment. The geographic distribution of jurisdiction-wide growth forecasts is a major
objective of the process.
(b) A process to coordinate and share information relating to existing and planned public school
facilities, induding school renovations and closures, and local government plans for development
and redevelopment.
(c) Participation by affected local governments with the district school board in the process of
evaluating potential school dosures, significant renovations to existing schools, and new school site
selection before land acquisition. Local governments shall advise the district school board as to the
consistency of the proposed dosure, renovation, or new site with the local comprehensive plan,
including appropriate circumstances and criteria under which a district school board may request
an amendment to the comprehensive plan for school siting.
(d) A process for determining the need for and timing of onsite and offsite improvements to
support new construction, proposed expansion, or redevelopment of existing schools. The process
shall address identification of the party or parties responsible for the improvements.
(e) A process for the school board to inform the local government regarding the effect of
comprehensive plan amendments on school capacity. The capacity reporting must be consistent
with laws and rules regarding measurement of school facility capacity and must also identify how
the district school board will meet the public school demand based on the facilities work program
adopted pursuant to s. 1013.35.
(f) Participation of the local governments in the preparation of the annual update to the school
board's 5-year district facilities work program and educational plant survey prepared pursuant to s.
1013.35.
(g) A process for determining where and how joint use of either school board or local government
facilities can be shared for mutual benefit and efficiency.
(h) A procedure for the resolution of disputes between the district school board and local
governments, which may include the dispute resolution processes contained in chapters 164 and
186.
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(i) An oversight process, induding an opportunity for public participation, for the implementation
of the interlocal agreement.
(4)(a) The Office of Educational Facilities and SMART Schools Clearinghouse shall submit any
comments or concerns regarding the executed interlocal agreement to the state land planning
agency within 30 days after receipt of the executed interlocal agreement. The state land planning
agency shall review the executed interlocal agreement to determine whether it is consistent with
the requirements of subsection (3), the adopted local government comprehensive plan, and other
requirements of law. Within 60 days after receipt of an executed interlocal agreement, the state
land planning agency shall publish a notice of intent in the Florida Administrative Weekly and shall
post a copy of the notice on the agency's Internet site. The notice of intent must state that the
interlocal agreement is consistent or inconsistent with the requirements of subsection (3) and this
subsection as appropriate.
(b) The state land planning agency's notice is subject to challenge under chapter 120; however, an
affected person, as defined in s. 163.3184(1)(a), has standing to initiate the administrative
proceeding, and this proceeding is the sole means available to challenge the consistency of an
interlocal agreement required by this section with the criteria contained in subsection (3) and this
subsection. In order to have standing, each person must have submitted oral or written comments,
recommendations, or objections to the local government or the school board before the adoption
of the interlocal agreement by the district school board and local government. The district school
board and local governments are parties to any such proceeding. In this proceeding, when the state
land planning agency finds the interlocal agreement to be consistent with the criteria in subsection
(3) and this subsection, the interlocal agreement must be determined to be consistent with
subsection (3) and this subsection if the local government's and school board's determination of
consistency is fairly debatable. When the state land planning agency finds the interlocal agreement
to be inconsistent with the requirements of subsection (3) and this subsection, the local
government's and school board's determination of consistency shall be sustained unless it is shown
by a preponderance of the evidence that the interlocal agreement is inconsistent.
(c) If the state land planning agency enters a final order that finds that the interlocal agreement is
inconsistent with the requirements of subsection (3) or this subsection, the state land planning
agency shall forward it to the Administration Commission, which may impose sanctions against the
local government pursuant to s. 163.3184(11) and may impose sanctions against the district school
board by directing the Department of Education to withhold an equivalent amount of funds for
school construction available pursuant to ss. 1013.65, 1013.68, 1013.70, and 1013.72.
(5) If an executed interlocal agreement is not timely submitted to the state land planning agency
for review, the state land planning agency shall, within 15 working days after the deadline for
submittal, issue to the local government and the district school board a notice to show cause why
sanctions should not be imposed for failure to submit an executed interlocal agreement by the
deadline established by the agency. The agency shall forward the notice and the responses to the
Administration Commission, which may enter a final order citing the failure to comply and imposing
sanctions against the local government and district school board by directing the appropriate
agencies to withhold at least 5 percent of state funds pursuant to s. 163.3184(11) and by directing
the Department of Education to withhold from the district school board at least 5 percent of funds
for school construction available pursuant to ss. 1013.65, 1013.68, 1013.70, and 1013.72.
(6) Any local government transmitting a public school element to implement school concurrency
pursuant to the requirements of s. 163.3180 before the effective date of this section is not
required to amend the element or any interlocal agreement to conform with the provisions of
subsections (2)-(8) if the element is adopted prior to or within 1 year after the effective date of
subsections (2)-(8) and remains in effect.
(7) Except as provided in subsection (8), municipalities meeting the exemption criteria in s.
163.3177(12) are exempt from the requirements of subsections (2), (3), and (4).
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(8) At the time of the evaluation and appraisal report, each exempt municipality shall assess the
extent to which it continues to meet the criteria for exemption under s. 163.3177(12). If the
municipality continues to meet these criteria, the municipality shall continue to be exempt from
the interlocal agreement requirement. Each municipality exempt under s. 163.3177(12) must
comply with the provisions of subsections (2)-(8) within 1 year after the district school board
proposes, in its 5-year district facilities work program, a new school within the municipality's
jurisdiction.
(9) A board and the local governing body must share and coordinate information related to existing
and planned school facilities; proposals for development, redevelopment, or additional
development; and infrastructure required to support the school facilities, concurrent with
proposed development. A school board shall use information produced by the demographic,
revenue, and education estimating conferences pursuant to s. 216.136 when preparing the district
educational facilities plan pursuant to s. 1013.35, as modified and agreed to by the local
governments, when provided by interlocal agreement, and the Office of Educational Facilities and
SMART Schools Clearinghouse, in consideration of local governments' population projections, to
ensure that the district educational facilities plan not only reflects enrollment projections but also
considers applicable municipal and county growth and development projections. The projections
must be apportioned geographically with assistance from the local governments using local
government trend data and the school district student enrollment data. A school board is precluded
from siting a new school in a jurisdiction where the school board has failed to provide the annual
educational facilities plan for the prior year required pursuant to s. 1013.35 unless the failure is
corrected.
(10) The location of educational facilities shall be consistent with the comprehensive plan of the
appropriate local governing body developed under part II of chapter 163 and consistent with the
plan's implementing land development regulations.
(11) To improve coordination relative to potential educational facility sites, a board shall provide
written notice to the local government that has regulatory authority over the use of the land
consistent with an interlocal agreement entered pursuant to subsections (2)-(8) at least 60 days
prior to acquiring or leasing property that may be used for a new public educational facility. The
local government, upon receipt of this notice, shall notify the board within 45 days if the site
proposed for acquisition or lease is consistent with the land use categories and policies of the local
government's comprehensive plan. This preliminary notice does not constitute the local
government's determination of consistency pursuant to subsection (12).
(12) As early in the design phase as feasible and consistent with an interlocal agreement entered
pursuant to subsections (2)-(8), but no later than 90 days before commencing construction, the
district school board shall in writing request a determination of consistency with the local
government's comprehensive plan. The local governing body that regulates the use of land shall
determine, in writing within 45 days after receiving the necessary information and a school board's
request for a determination, whether a proposed educational facility is consistent with the local
comprehensive plan and consistent with local land development regulations. If the determination is
affirmative, school construction may commence and further local government approvals are not
required, except as provided in this section. Failure of the local governing body to make a
determination in writing within 90 days after a district school board's request for a determination
of consistency shall be considered an approval of the district school board's application. Campus
master plans and development agreements must comply with the provisions of ss. 1013.30 and
1013.63.
(13) A local governing body may not deny the site applicant based on adequacy of the site plan as
it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's
land use policies and categories in which public schools are identified as allowable uses, the local
government may not deny the application but it may impose reasonable development standards
and conditions in accordance with s. 1013.51(1) and consider the site plan and its adequacy as it
relates to environmental concerns, health, safety and welfare, and effects on adjacent property.
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Standards and conditions may not be imposed which conflict with those established in this chapter
or the Florida Building Code, unless mutually agreed and consistent with the interlocal agreement
required by subsections (2)-(8).
(14) This section does not prohibit a local governing body and district school board from agreeing
and establishing an alternative process for reviewing a proposed educational facility and site plan,
and offsite impacts, pursuant to an interlocal agreement adopted in accordance with subsections
(2)-($)•
(15) Existing schools shall be considered consistent with the applicable local government
comprehensive plan adopted under part II of chapter 163. If a board submits an application to
expand an existing school site, the local governing body may impose reasonable development
standards and conditions on the expansion only, and in a manner consistent with s. 1013.51(1).
Standards and conditions may not be imposed which conflict with those established in this chapter
or the Florida Building Code, unless mutually agreed. Local government review or approval is not
required for:
(a) The placement of temporary or portable classroom facilities; or
(b) Proposed renovation or construction on existing school sites, with the exception of
construction that changes the primary use of a facility, includes stadiums, or results in a greater
than 5 percent increase in student capacity, or as mutually agreed upon, pursuant to an interlocal
agreement adopted in accordance with subsections (2)-(8).
History.--s. 23, ch. 2002-296; s. 828, ch. 2002-387; s. 129, ch. 2003-1; s. 18, ch. 2005-290.
Disdaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright O 2000-2006 State of Florida.
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Select Year: 2~~7 ~l n„nn ~(~ ~ Go
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The 200~ Florida Statutes ~'0~ ~'~ ~' ~ ~
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Titte XI Chapter 163 View Entire
COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter
INTERGOVERNMENTAL RELATIONS PROGRAMS
163.3177 Required and optional elements of comprehensive plan; studies and surveys.--
(1) The comprehensive plan shall consist of materials in such descriptive form, written or graphic,
as may be appropriate to the prescription of principles, guidelines, and standards for the orderly
and balanced future economic, social, physical, environmental, and fiscal development of the
area.
(2) Coordination of the several elements of the local comprehensive plan shall be a major
objective of the planning process. The several elements of the comprehensive plan shall be
consistent, and the comprehensive plan shall be financially feasible. Financial feasibility shall be
determined using professionally accepted methodologies and applies to the 5-year planning period,
except in the case of a long-term transportation or school concurrency management system, in
which case a 10-year or 15-year period applies.
(3)(a) The comprehensive plan shall contain a capital improvements element designed to consider
the need for and the location of public facilities in order to encourage the efficient use of such
facilities and set forth:
1. A component that outlines principles for construction, extension, or increase in capacity of
public facilities, as well as a component that outlines principles for correcting existing public
facility deficiencies, which are necessary to implement the comprehensive plan. The components
shall cover at least a 5-year period.
2. Estimated public facility costs, induding a delineation of when facilities will be needed, the
general location of the facilities, and projected revenue sources to fund the facilities.
3. Standards to ensure the availability of public facilities and the adequacy of those facilities
induding acceptable levels of service.
4. Standards for the management of debt.
5. A schedule of capital improvements which includes publicly funded projects, and which may
include privately funded project5 for which the local government has no fiscal responsibility,
necessary to ensure that adopted level-of-sefvice standards are achieved and maintained. For
capital improvements that will be funded by the developer, financial feasibility shall be
demonstrated by being guaranteed in an enforceable development agreement or interlocal
agreement pursuant to paragraph (10)(h), or other enforceable agreement. These development
agreements and interlocal agreements shall be reflected in the schedule of capital improvements if
the capital improvement is necessary to serve development within the 5-year schedule. If the local
government uses planned revenue sources that require referenda or other actions to secure the
revenue source, the plan must, in the event the referenda are not passed or actions do not secure
the planned revenue source, identify other existing revenue sources that will be used to fund the
capital projects or otherwise amend the plan to ensure financial feasibility.
6. The schedule must include transportation improvements included in the applicable metropolitan
planning organization's transportation improvement program adopted pursuant to s. 339.175(8) to
the extent that such improvements are relied upon to ensure concurrency and financial feasibility.
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The schedule must also be coordinated with the applicable metropolitan planning organization's
long-range transportation plan adopted pursuant to s. 339.175(7).
(b)1. The capital improvements element must be reviewed on an annual basis and modified as
necessary in accordance with s. 163.3187 or s. 163.3189 in order to maintain a financially feasible
5-year schedule of capital improvements. Corrections and modifications concerning costs; revenue
sources; or acceptance of facilities pursuant to dedications which are consistent with the plan may
be accomplished by ordinance and shall not be deemed to be amendments to the local
comprehensive plan. A copy of the ordinance shall be transmitted to the state land planning
agency. An amendment to the comprehensive plan is required to update the schedule on an annual
basis or to eliminate, defer, or delay the construction for any facility listed in the 5-year schedule.
All public facilities must be consistent with the capital improvements element. Amendments to
implement this section must be adopted and transmitted no later than December 1, 2008.
Thereafter, a local government may not amend its future land use map, except for plan
amendments to meet new requirements under this part and emergency amendments pursuant to s.
163.3187(1)(a), after December 1, 2008, and every year thereafter, unless and until the local
government has adopted the annual update and it has been transmitted to the state land planning
agency.
2. Capital improvements element amendments adopted after the effective date of this act shall
require only a single public hearing before the governing board which shall be an adoption hearing
as described in s. 163.3184(7). Such amendments are not subject to the requirements of s.
163.3184(3)-(6).
(c) If the local government does not adopt the required annual update to the schedule of capital
improvements, the state land planning agency must notify the Administration Commission. A local
government that has a demonstrated lack of commitment to meeting its obligations identified in
the capital improvements element may be subject to sanctions by the Administration Commission
pursuant to s. 163.3184(11).
(d) If a local government adopts a long-term concurrency management system pursuant to s.
163.3180(9), it must also adopt a long-term capital improvements schedule covering up to a 10-
year or 15-year period, and must update the long-term schedule annually. The long-term schedule
of capital improvements must be financially feasible.
(e) At the discretion of the local government and notwithstanding the requirements of this
subsection, a comprehensive plan, as revised by an amendment to the plan's future land use map,
shall be deemed to be financially feasible and to have achieved and maintained level-of-service
standards as required by this section with respect to transportation facilities if the amendment to
the future land use map is supported by a:
1. Condition in a development order for a development of regional impact or binding agreement
that addresses proportionate-share mitigation consistent with s. 163.3180(12); or
2. Binding agreement addressing proportionate fair-share mitigation consistent with s. 163.3180
(16)(f) and the property subject to the amendment to the future land use map is located within an
area designated in a comprehensive plan for urban infill, urban redevelopment, downtown
revitalization, urban infill and redevelopment, or an urban service area. The binding agreement
must be based on the maximum amount of development identified by the future land use map
amendment or as may be otherwise restricted through a special area plan policy or map notation in
the comprehensive plan.
(4)(a) Coordination of the local comprehensive plan with the comprehensive plans of adjacent
municipalities, the county, adjacent counties, or the region; with the appropriate water
management district's regional water supply plans approved pursuant to s. 373.0361; with adopted
rules pertaining to designated areas of critical state concern; and with the state comprehensive
plan shall be a major objective of the local comprehensive planning process. To that end, in the
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preparation of a comprehensive plan or element thereof, and in the comprehensive plan or
element as adopted, the governing body shall include a specific policy statement indicating the
relationship of the proposed development of the area to the comprehensive plans of adjacent
municipalities, the county, adjacent counties, or the region and to the state comprehensive plan,
as the case may require and as such adopted plans or plans in preparation may exist.
(b) When all or a portion of the land in a local government jurisdiction is or becomes part of a
designated area of critical state concern, the local government shall clearly identify those portions
of the local comprehensive plan that shall be applicable to the critical area and shall indicate the
relationship of the proposed development of the area to the rules for the area of critical state
concern.
(5)(a) Each local government comprehensive plan must include at least two planning periods, one
covering at least the first 5-year period occurring after the plan's adoption and one covering at
least a 10-year period.
(b) The comprehensive plan and its elements shall contain policy recommendations for the
implementation of the plan and its elements.
(6) In addition to the requirements of subsections (1)-(5) and (12), the comprehensive plan shall
indude the following elements:
(a) A future land use plan element designating proposed future general distribution, location, and
extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation,
conservation, education, public buildings and grounds, other public facilities, and other categories
of the public and private uses of land. Counties are encouraged to designate rural land stewardship
areas, pursuant to the provisions of paragraph (11)(d), as overlays on the future land use map. Each
future land use category must be defined in terms of uses induded, and must include standards to
be followed in the control and distribution of population densities and building and structure
intensities. The proposed distribution, location, and extent of the various categories of land use
shall be shown on a land use map or map series which shall be supplemented by goals, policies, and
measurable objectives. The future land use plan shall be based upon surveys, studies, and data
regarding the area, including the amount of land required to accommodate anticipated growth; the
projected population of the area; the character of undeveloped land; the availability of water
supplies, public facilities, and services; the need for redevelopment, including the renewal of
blighted areas and the elimination of nonconforming uses which are inconsistent with the character
of the community; the compatibility of uses on lands adjacent to or closely proximate to military
installations; and, in rural communities, the need for job creation, capital investment, and
economic development that will strengthen and diversify the community's economy. The future
land use plan may designate areas for future planned development use involving combinations of
types of uses for which special regulations may be necessary to ensure development in accord with
the principles and standards of the comprehensive plan and this act. The future land use plan
element shall include criteria to be used to achieve the compatibility of adjacent or dosely
proximate lands with military installations. In addition, for rural communities, the amount of land
designated for future planned industrial use shall be based upon surveys and studies that reflect
the need for job creation, capital investment, and the necessity to strengthen and diversify the
local economies, and shall not be limited solely by the projected population of the rural
community. The future land use plan of a county may also designate areas for possible future
municipal incorporation. The land use maps or map series shall generally identify and depict
historic district boundaries and shall designate historically significant properties meriting
protection. For coastal counties, the future land use element must include, without limitation,
regulatory incentives and criteria that encourage the preservation of recreational and commercial
working waterfronts as defined in s. 342.07. The future land use element must clearly identify the
land use categories in which public schools are an allowable use. When delineating the land use
categories in which public schools are an allowable use, a local government shall include in the
categories sufficient land proximate to residential development to meet the projected needs for
schools in coordination with public school boards and may establish differing criteria for schools of
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different type or size. Each local government shall include lands contiguous to existing school sites,
to the maximum extent possible, within the land use categories in which public schools are an
allowable use. The failure by a local government to comply with these school siting requirements
will result in the prohibition of the local government's ability to amend the local comprehensive
plan, except for plan amendments described in s. 163.3187(1)(b), until the school siting
requirements are met. Amendments proposed by a local government for purposes of identifying the
land use categories in which public schools are an allowable use are exempt from the limitation on
the frequency of plan amendments contained in s. 163.3187. The future land use element shall
include criteria that encourage the location of schools proximate to urban residential areas to the
extent possible and shall require that the local government seek to collocate public facilities, such
as parks, libraries, and community centers, with schools to the extent possible and to encourage
the use of elementary schools as focal points for neighborhoods. For schools serving predominantly
rural counties, defined as a county with a population of 100,000 or fewer, an agricultural land use
category shall be eligible for the location of public school facilities if the local comprehensive plan
contains school siting criteria and the location is consistent with such criteria. Local governments
required to update or amend their comprehensive plan to include criteria and address compatibility
of adjacent or closely proximate lands with existing military installations in their future land use
plan element shall transmit the update or amendment to the department by June 30, 2006.
(b) A traffic circulation element consisting of the types, locations, and extent of existing and
proposed major thoroughfares and transportation routes, including bicyde and pedestrian ways.
Transportation corridors, as defined in s. 334.03, may be designated in the traffic circulation
element pursuant to s. 337.273. If the transportation corridors are designated, the local
government may adopt a transportation corridor management ordinance.
(c) A general sanitary sewer, solid waste, drainage, potable water, and natural groundwater
aquifer recharge element correlated to principles and guidelines for future land use, indicating
ways to provide for future potable water, drainage, sanitary sewer, solid waste, and aquifer
recharge protection requirements for the area. The element may be a detailed engineering plan
including a topographic map depicting areas of prime groundwater recharge. The element shall
describe the problems and needs and the general facilities that will be required for solution of the
problems and needs. The element shall also include a topographic map depicting any areas adopted
by a regional water management district as prime groundwater recharge areas for the Floridan or
Biscayne aquifers. These areas shall be given special consideration when the local government is
engaged in zoning or considering future land use for said designated areas. For areas served by
septic tanks, soil surveys shall be provided which indicate the suitability of soils for septic tanks.
Within 18 months after the governing board approves an updated regional water supply plan, the
element must incorporate the alternative water supply project or projects selected by the local
government from those identified in the regional water supply plan pursuant to s. 373.0361(2)(a) or
proposed by the local government under s. 373.0361(7)(b). If a local government is located within
two water management districts, the local government shall adopt its comprehensive plan
amendment within 18 months after the later updated regional water supply plan. The element
must identify such alternative water supply projects and traditional water supply projects and
conservation and reuse necessary to meet the water needs identified in s. 373.0361(2)(a) within
the local government's jurisdiction and include a work plan, covering at least a 10 year planning
period, for building public, private, and regional water supply facilities, including development of
alternative water supplies, which are identified in the element as necessary to serve existing and
new development. The work plan shall be updated, at a minimum, every 5 years within 18 months
after the governing board of a water management district approves an updated regional water
supply plan. Amendments to incorporate the work plan do not count toward the limitation on the
frequency of adoption of amendments to the comprehensive plan. Local governments, public and
private utilities, regional water supply authorities, special districts, and water management
districts are encouraged to cooperatively plan for the development of multijurisdictional water
supply facilities that are sufficient to meet projected demands for established planning periods,
induding the development of alternative water sources to supplement traditional sources of
groundwater and surface water supplies.
(d) A conservation element for the conservation, use, and protection of natural resources in the
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area, indudin~ air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils,
beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine
habitat, minerals, and other natural and environmental resources. Local governments shall assess
their current, as well as projected, water needs and sources for at least a 10-year period,
considering the appropriate regional water supply plan approved pursuant to s. 373.0361, or, in the
absence of an approved regional water supply plan, the district water management plan approved
pursuant to s. 373.036(2). This information shall be submitted to the appropriate agencies. The
land use map or map series contained in the future land use element shall generally identify and
depict the following:
1. Existing and planned waterwells and cones of influence where applicable.
2. Beaches and shores, including estuarine systems.
3. Rivers, bays, lakes, flood plains, and harbors.
4. Wetlands.
5. Minerals and soils.
The land uses identified on such maps shall be consistent with applicable state law and rules.
(e) A recreation and open space element indicating a comprehensive system of public and private
sites for recreation, including, but not limited to, natural reservations, parks and playgrounds,
parkways, beaches and public access to beaches, open spaces, waterways, and other recreational
facilities.
(f)1. A housing element consisting of standards, plans, and principles to be followed in:
a. The provision of housing for all current and anticipated future residents of the jurisdiction.
b. The elimination of substandard dwelling conditions.
c. The structural and aesthetic improvement of existing housing.
d. The provision of adequate sites for future housing, including affordable workforce housing as
defined in s. 380.0651(3)(j), housing for low-income, very low-income, and moderate-income
families, mobile homes, and group home facilities and foster care facilities, with supporting
infrastructure and public facilities.
e. Provision for relocation housing and identification of historically significant and other housin~
for purposes of conservation, rehabilitation, or replacement.
f. The formulation of housing implementation programs.
g. The creation or preservation of affordable housing to minimize the need for additional local
services and avoid the concentration of affordable housing units only in specific areas of the
jurisdiction.
h. By July 1, 2008, each county in which the gap between the buying power of a family of four and
the median county home sale price exceeds $170,000, as determined by the Florida Housing
Finance Corporation, and which is not designated as an area of critical state concern shall adopt a
plan for ensuring affordable workforce housing. At a minimum, the plan shall identify adequate
sites for such housing. For purposes of this sub-subparagraph, the term "workforce housing' means
housing that is affordable to natural persons or families whose total household income does not
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exceed 140 percent of the area median income, adjusted for household size.
i. Failure by a local government to comply with the requirement in sub-subparagraph h. will result
in the local government being ineligible to receive any state housing assistance grants until the
requirement of sub-subparagraph h. is met.
The goals, objectives, and policies of the housing element must be based on the data and analysis
prepared on housing needs, including the affordable housing needs assessment. State and federal
housing plans prepared on behalf of the local government must be consistent with the goals,
objectives, and policies of the housing element. Local governments are encouraged to utilize job
training, job creation, and economic solutions to address a portion of their affordable housing
concerns.
2. To assist local governments in housing data collection and analysis and assure uniform and
consistent information regarding the state's housing needs, the state land planning agency shall
conduct an affordable housing needs assessment for all local jurisdictions on a schedule that
coordinates the implementation of the needs assessment with the evaluation and appraisal reports
required by s. 163.3191. Each local government shall utilize the data and analysis from the needs
assessment as one basis for the housing element of its local comprehensive plan. The agency shall
allow a local government the option to perform its own needs assessment, if it uses the
methodology established by the agency by rule.
(g)1. For those units of local government identified in s. 380.24, a coastal management element,
appropriately related to the particular requirements of paragraphs (d) and (e) and meeting the
requirements of s. 163.3178(2) and (3). The coastal management element shall set forth the
policies that shall guide the local government's decisions and program implementation with respect
to the following objectives:
a. Maintenance, restoration, and enhancement of the overall quality of the coastal zone
environment, including, but not limited to, its amenities and aesthetic values.
b. Continued existence of viable populations of all species of wildlife and marine life.
c. The orderly and balanced utilization and preservation, consistent with sound conservation
principles, of all living and nonliving coastal zone resources.
d. Avoidance of irreversible and irretrievable loss of coastal zone resources.
e. Ecological planning principles and assumptions to be used in the determination of suitability and
extent of permitted development.
f. Proposed management and regulatory techniques.
g. Limitation of public expenditures that subsidize development in high-hazard coastal areas.
h. Protection of human life against the effects of natural disasters.
i. The orderly development, maintenance, and use of ports identified in s. 403.021(9) to facilitate
deepwater commercial navigation and other related activities.
j. Preservation, including sensitive adaptive use of historic and archaeological resources.
2. As part of this element, a local ~overnment that has a coastal management element in its
comprehensive plan is encouraged to adopt recreational surface water use policies that include
applicable criteria for and consider such factors as natural resources, manatee protection needs,
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protection of working waterfronts and public access to the water, and recreation and economic
demands. Criteria for manatee protection in the recreational surface water use policies should
reflect applicable guidance outlined in the Boat Facility Siting Guide prepared by the Fish and
Wildlife Conservation Commission. If the local government elects to adopt recreational surface
water use policies by comprehensive plan amendment, such comprehensive plan amendment is
exempt from the provisions of s. 163.3187(1). Local governments that wish to adopt recreational
surface water use policies may be eligible for assistance with the development of such policies
through the Florida Coastal Management Program. The Office of Program Policy Analysis and
Government Accountability shall submit a report on the adoption of recreational surface water use
policies under this subparagraph to the President of the Senate, the Speaker of the House of
Representatives, and the majority and minority leaders of the Senate and the House of
Representatives no later than December 1, 2010.
(h)1. An intergovernmental coordination element showing relationships and stating principles and
guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan
with the plans of school boards, regional water supply authorities, and other units of local
government providing services but not having regulatory authority over the use of land, with the
comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region, with
the state comprehensive plan and with the applicable regional water supply plan approved
pursuant to s. 373.0361, as the case may require and as such adopted plans or plans in preparation
may exist. This element of the local comprehensive plan shall demonstrate consideration of the
particular effects of the local plan, when adopted, upon the development of adjacent
municipalities, the county, adjacent counties, or the region, or upon the state comprehensive plan,
as the case may require.
a. The intergovernmental coordination element shall provide for procedures to identify and
implement joint planning areas, especially for the purpose of annexation, municipal incorporation,
and joint infrastructure service areas.
b. The intergovernmental coordination element shall provide for recognition of campus master
plans prepared pursuant to s. 1013.30.
c. The intergovernmental coordination element may provide for a voluntary dispute resolution
process as established pursuant to s. 186.509 for bringing to closure in a timely manner
intergovernmental disputes. A local government may develop and use an alternative local dispute
resolution process for this purpose.
2. The intergovernmental coordination element shall further state principles and guidelines to be
used in the accomplishment of coordination of the adopted comprehensive plan with the plans of
school boards and other units of local ~overnment providing facilities and services but not having
regulatory authority over the use of land. In addition, the intergovernmental coordination element
shall describe joint processes for collaborative planning and decisionmaking on population
projections and public school siting, the location and extension of public facilities subject to
concurrency, and siting facilities with countywide significance, including locally unwanted land
uses whose nature and identity are established in an agreement. Within 1 year of adopting their
intergovernmental coordination elements, each county, all the municipalities within that county,
the district school board, and any unit of local government service providers in that county shall
establish by interlocal or other formal agreement executed by atl affected entities, the joint
processes described in this subparagraph consistent with their adopted intergovernmental
coordination elements.
3. To foster coordination between special districts and local general-purpose governments as local
general-purpose governments implement local comprehensive plans, each independent special
district must submit a public facilities report to the appropriate local government as required by s.
189.415.
4.a. Local governments must execute an interlocal agreement with the district school board, the
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county, and nonexempt municipalities pursuant to s. 163.31777. The local government shall amend
the intergovernmental coordination element to provide that coordination between the local
government and school board is pursuant to the agreement and shall state the obligations of the
local government under the agreement.
b. Plan amendments that comply with this subparagraph are exempt from the provisions of s.
163.3187(1).
5. The state land planning agency shall establish a schedule for phased completion and transmittal
of plan amendments to implement subparagraphs 1., 2., and 3. from all jurisdictions so as to
accomplish their adoption by December 31, 1999. A local government may complete and transmit
its plan amendments to carry out these provisions prior to the scheduled date established by the
state land planning agency. The plan amendments are exempt from the provisions of s. 163.3187
(1).
6. By January 1, 2004, any county having a population greater than 100,000, and the
municipalities and special districts within that county, shall submit a report to the Department of
Community Affairs which:
a. Identifies all existing or proposed interlocal service delivery agreements regarding the
following: education; sanitary sewer; public safety; solid waste; drainage; potable water; parks and
recreation; and transportation facilities.
b. Identifies any deficits or duplication in the provision of services within its jurisdiction, whether
capital or operational. Upon request, the Department of Community Affairs shall provide technical
assistance to the local governments in identifying deficits or duplication.
7. Within 6 months after submission of the report, the Department of Community Affairs shall,
through the appropriate regional planning council, coordinate a meeting of all local governments
within the regional planning area to discuss the reports and potential strategies to remedy any
identified deficiencies or duplications.
8. Each local government shall update its intergovernmental coordination element based upon the
findings in the report submitted pursuant to subparagraph 6. The report may be used as supporting
data and analysis for the intergovernmental coordination element.
(i) The optional elements of the comprehensive plan in paragraphs (7)(a) and (b) are required
elements for those municipalities having populations greater than 50,000, and those counties
having populations greater than 75,000, as determined under s. 186.901.
(j) For each unit of local government within an urbanized area designated for purposes of s.
339.175, a transportation element, which shall be prepared and adopted in lieu of the
requirements of paragraph (b) and paragraphs (7)(a), (b), (c), and (d) and which shall address the
following issues:
1. Traffic circulation, including major thoroughfares and other routes, including bicyde and
pedestrian ways.
2. All alternative modes of travel, such as public transportation, pedestrian, and bicycle travel.
3. Parking facilities.
4. Aviation, rail, seaport facilities, access to those facilities, and intermodal terminals.
5. The availability of facilities and services to serve existing land uses and the compatibility
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between future land use and transportation elements.
6. The capability to evacuate the coastal population prior to an impending natural disaster.
7. Airports, projected airport and aviation development, and land use compatibility around
airports.
8. An identification of land use densities, building intensities, and transportation management
programs to promote public transportation systems in designated public transportation corridors so
as to encourage population densities sufficient to support such systems.
9. May include transportation corridors, as defined in s. 334.03, intended for future transportation
facilities designated pursuant to s. 337.273. If transportation corridors are designated, the local
government may adopt a transportation corridor management ordinance.
(k) An airport master plan, and any subsequent amendments to the airport master plan, prepared
by a licensed publidy owned and operated airport under s. 333.06 may be incorporated into the
local government comprehensive plan by the local government having jurisdiction under this act for
the area in which the airport or projected airport development is located by the adoption of a
comprehensive plan amendment. In the amendment to the local comprehensive plan that
integrates the airport master plan, the comprehensive plan amendment shall address land use
compatibility consistent with chapter 333 regarding airport zoning; the provision of regional
transportation facilities for the efficient use and operation of the transportation system and
airport; consistency with the local government transportation circulation element and applicable
metropolitan planning organization long-range transportation plans; and the execution of any
necessary interlocal agreements for the purposes of the provision of public facilities and services to
maintain the adopted level-of-service standards for facilities subject to concurrency; and may
address airport-related or aviation-related development. Development or expansion of an airport
consistent with the adopted airport master plan that has been incorporated into the local
comprehensive plan in compliance with this part, and airport-related or aviation-related
development that has been addressed in the comprehensive plan amendment that incorporates the
airport master plan, shall not be a development of regional impact. Notwithstanding any other
general law, an airport that has received a development-of-regional-impact development order
pursuant to s. 380.06, but which is no longer required to undergo development-of-regional-impact
review pursuant to this subsection, may abandon its development-of-regional-impact order upon
written notification to the applicable local government. Upon receipt by the local government, the
development-of-regional-impact development order is void.
(7) The comprehensive plan may indude the following additional elements, or portions or phases
thereof:
(a) As a part of the circulation element of paragraph (6)(b) or as a separate element, a mass-
transit element showing proposed methods for the moving of people, rights-of-way, terminals,
related facilities, and fiscal considerations for the accomplishment of the element.
(b) As a part of the circulation element of paragraph (6)(b) or as a separate element, plans for
port, aviation, and related facilities coordinated with the general circulation and transportation
element.
(c) As a part of the circulation element of paragraph (6)(b) and in coordination with paragraph (6)
(e), where applicable, a plan element for the circulation of recreational traffic, including bicycle
facilities, exercise trails, riding facilities, and such other matters as may be related to the
improvement and safety of movement of all types of recreational traffic.
(d) As a part of the circulation element of paragraph (6)(b) or as a separate element, a plan
element for the development of offstreet parking facilities for motor vehides and the fiscal
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considerations for the accomplishment of the element.
(e) A public buildings and related facilities element showing locations and arrangements of civic
and community centers, public schools, hospitals, libraries, police and fire stations, and other
public buildings. This plan element should show particularly how it is proposed to effect
coordination with governmental units, such as school boards or hospital authorities, having public
development and service responsibilities, capabilities, and potential but not having land
development regulatory authority. This element may include plans for architecture and landscape
treatment of their grounds.
(f) A recommended community design element which may consist of design recommendations for
land subdivision, neighborhood development and redevelopment, design of open space locations,
and similar matters to the end that such recommendations may be available as aids and guides to
developers in the future planning and development of land in the area.
(g) A general area redevelopment element consisting of plans and programs for the redevelopment
of slums and blighted locations in the area and for community redevelopment, including housing
sites, business and industrial sites, public buildings sites, recreational facilities, and other purposes
authorized by law.
(h) A safety element for the protection of residents and property of the area from fire, hurricane,
or manmade or natural catastrophe, including such necessary features for protection as evacuation
routes and their control in an emergency, water supply requirements, minimum road widths,
clearances around and elevations of structures, and similar matters.
(i) An historical and scenic preservation element setting out plans and programs for those
structures or lands in the area having historical, archaeological, architectural, scenic, or similar
significance.
(j) An economic element setting forth principles and guidelines for the commercial and industrial
development, if any, and the employment and personnel utilization within the area. The element
may detail the type of commercial and industrial development sought, correlated to the present
and projected employment needs of the area and to other elements of the plans, and may set forth
methods by which a balanced and stable economic base will be pursued.
(k) Such other elements as may be peculiar to, and necessary for, the area concerned and as are
added to the comprehensive plan by the governing body upon the recommendation of the local
planning a~ency.
(l) Local governments that are not required to prepare coastal management elements under s.
163.3178 are encouraged to adopt hazard mitigation/postdisaster redevelopment plans. These
plans should, at a minimum, establish long-term policies regarding redevelopment, infrastructure,
densities, nonconforming uses, and future land use patterns. Grants to assist local governments in
the preparation of these hazard mitigation/postdisaster redevelopment plans shall be available
through the Emergency Management Preparedness and Assistance Account in the Grants and
Donations Trust Fund administered by the department, if such account is created by law. The plans
must be in compliance with the requirements of this act and chapter 252.
(8) All elements of the comprehensive plan, whether mandatory or optional, shall be based upon
data appropriate to the element involved. Surveys and studies utilized in the preparation of the
comprehensive plan shall not be deemed a part of the comprehensive plan unless adopted as a part
of it. Copies of such studies, surveys, and supporting documents shall be made available to public
inspection, and copies of such plans shall be made available to the public upon payment of
reasonable charges for reproduction.
(9) The state land planning agency shall, by February 15, 1986, adopt by rule minimum criteria for
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the review and determination of compliance of the local government comprehensive plan elements
required by this act. Such rules shall not be subject to rule challenges under s. 120.56(2) or to
drawout proceedings under s. 120.54(3)(c)2. Such rules shall become effective only after they have
been submitted to the President of the Senate and the Speaker of the House of Representatives for
review by the Legislature no later than 30 days prior to the next regular session of the Legislature.
In its review the Legislature may reject, modify, or take no action relative to the rules. The agency
shall conform the rules to the changes made by the Legislature, or, if no action was taken, the
agency rules shall become effective. The rule shall include criteria for determining whether:
(a) Proposed elements are in compliance with the requirements of part II, as amended by this act.
(b) Other elements of the comprehensive plan are related to and consistent with each other.
(c) The local government comprehensive plan elements are consistent with the state
comprehensive plan and the appropriate regional policy plan pursuant to s. 186.508.
(d) Certain bays, estuaries, and harbors that fall under the jurisdiction of more than one local
government are managed in a consistent and coordinated manner in the case of local governments
required to indude a coastal management element in their comprehensive plans pursuant to
paragraph (6)(g).
(e) Proposed elements identify the mechanisms and procedures for monitoring, evaluating, and
appraising implementation of the plan. Specific measurable objectives are induded to provide a
basis for evaluating effectiveness as required by s. 163.3191.
(f) Proposed elements contain policies to guide future decisions in a consistent manner.
(g) Proposed elements contain programs and activities to ensure that comprehensive plans are
implemented.
(h) Proposed elements identify the need for and the processes and procedures to ensure
coordination of all development activities and services with other units of local government,
regional planning agencies, water management districts, and state and federal agencies as
appropriate.
The state land planning agency may adopt procedural rules that are consistent with this section
and chapter 120 for the review of local government comprehensive plan elements required under
this section. The state land planning agency shall provide model plans and ordinances and, upon
request, other assistance to local governments in the adoption and implementation of their revised
local government comprehensive plans. The review and comment provisions applicable prior to
October 1, 1985, shall continue in effect until the criteria for review and determination are
adopted pursuant to this subsection and the comprehensive plans required by s. 163.3167(2) are
due.
(10) The Legislature recognizes the importance and significance of chapter 9J-5, Florida
Administrative Code, the Minimum Criteria for Review of Local Government Comprehensive Plans
and Determination of Compliance of the Department of Community Affairs that will be used to
determine compliance of local comprehensive plans. The Legislature reserved unto itself the right
to review chapter 9J-5, Florida Administrative Code, and to reject, modify, or take no action
relative to this rule. Therefore, pursuant to subsection (9), the Legislature hereby has reviewed
chapter 9J-5, Florida Administrative Code, and expresses the following legislative intent:
(a) The Legislature finds that in order for the department to review local comprehensive plans, it
is necessary to define the term "consistency." Therefore, for the purpose of determining whether
local comprehensive plans are consistent with the state comprehensive plan and the appropriate
regional policy plan, a local plan shall be consistent with such plans if the local plan is "compatible
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with" and "furthers" such plans. The term "compatible with" means that the local plan is not in
conflict with the state comprehensive plan or appropriate regional policy plan. The term "furthers"
means to take action in the direction of realizing goals or policies of the state or regional plan. For
the purposes of determining consistency of the local plan with the state comprehensive plan or the
appropriate regional policy plan, the state or regional plan shall be construed as a whole and no
specific goal and policy shall be construed or applied in isolation from the other goals and policies
in the plans.
(b) Each local government shall review all the state comprehensive plan goals and policies and
shall address in its comprehensive plan the goals and policies which are relevant to the
circumstances or conditions in its jurisdiction. The decision regarding which particular state
comprehensive plan goals and policies will be furthered by the expenditure of a local government's
financial resources in any given year is a decision which rests solely within the discretion of the
local government. Intergovernmental coordination, as set forth in paragraph (6)(h), shall be
utilized to the extent required to carry out the provisions of chapter 9J-5, Florida Administrative
Code. '
(c) The Legislature dedares that if any portion of chapter 9J-5, Florida Administrative Code, is
found to be in conflict with this part, the appropriate statutory provision shall prevail.
(d) Chapter 9J-5, Florida Administrative Code, does not mandate the creation, limitation, or
elimination of regulatory authority, nor does it authorize the adoption or require the repeal of any
rules, criteria, or standards of any local, regional, or state agency.
(e) It is the Legislature's intent that support data or summaries thereof shall not be subject to the
compliance review process, but the Legislature intends that goals and policies be clearly based on
appropriate data. The department may utilize support data or summaries thereof to aid in its
determination of compliance and consistency. The Legislature intends that the department may
evaluate the application of a methodology utilized in data collection or whether a particular
methodology is professionally accepted. However, the department shall not evaluate whether one
accepted methodology is better than another. Chapter 9J-5, Florida Administrative Code, shall not
be construed to require original data collection by local governments; however, local governments
are not to be discouraged from utilizing original data so long as methodologies are professionally
accepted.
(f) The Legislature recognizes that under this section, local governments are charged with setting
levels of service for public facilities in their comprehensive plans in accordance with which
development orders and permits will be issued pursuant to s. 163.3202(2)(g). Nothing herein shall
supersede the authority of state, regional, or local agencies as otherwise provided by law.
(g) Definitions contained in chapter 9J-5, Florida Administrative Code, are not intended to modify
or amend the definitions utilized for purposes of other programs or rules or to establish or limit
regulatory authority. Local governments may establish alternative definitions in local
comprehensive plans, as long as such definitions accomplish the intent of this chapter, and chapter
9J-5, Florida Administrative Code.
(h) It is the intent of the Legislature that public facilities and services needed to support
development shall be available concurrent with the impacts of such development in accordance
with s. 163.3180. In meeting this intent, public facility and service availability shall be deemed
sufficient if the public facilities and services for a development are phased, or the development is
phased, so that the public facilities and those related services which are deemed necessary by the
local government to operate the facilities necessitated by that development are available
concurrent with the impacts of the development. The public facilities and services, unless already
available, are to be consistent with the capital improvements element of the local comprehensive
plan as required by paragraph (3)(a) or guaranteed in an enforceable development agreement. This
shall include development agreements pursuant to this chapter or in an agreement or a
development order issued pursuant to chapter 380. Nothing herein shall be construed to require a
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local government to address services in its capital improvements plan or to limit a local
government's ability to address any service in its capital improvements plan that it deems
necessary.
(i) The department shall take into account the factors delineated in rule 9J-5.002(2), Florida
Administrative Code, as it provides assistance to local governments and applies the rule in specific
situations with regard to the detail of the data and analysis required.
(j) Chapter 9J-5, Florida Administrative Code, has become effective pursuant to subsection (9).
The Legislature hereby directs the department to adopt amendments as necessary which conform
chapter 9J-5, Florida Administrative Code, with the requirements of this legislative intent by
October 1, 1986.
(k) So that local governments are able to prepare and adopt comprehensive plans with knowledge
of the rules that will be applied to determine consistency of the plans with provisions of this part,
it is the intent of the Legislature that there should be no doubt as to the legal standing of chapter
9J-5, Florida Administrative Code, at the dose of the 1986 legislative session. Therefore, the
Legislature declares that changes made to chapter 9J-5, Florida Administrative Code, prior to
October 1, 1986, shall not be subject to rule challenges under s. 120.56(2), or to drawout
proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5, Florida Administrative Code, as
amended, shall be subject to rule challenges under s. 120.56(3), as nothing herein shall be
construed to indicate approval or disapproval of any portion of chapter 9J-5, Florida Administrative
Code, not specifically addressed herein. No challenge pursuant to s. 120.56(3) may be filed from
July 1, 1987, through April 1, 1993. Any amendments to chapter 9J-5, Florida Administrative Code,
exclusive of the amendments adopted prior to October 1, 1986, pursuant to this act, shall be
subject to the full chapter 120 process. All amendments shall have effective dates as provided in
chapter 120 and submission to the President of the Senate and Speaker of the House of
Representatives shall not be required.
(l) The state land planning agency shall consider land use compatibility issues in the vicinity of all
airports in coordination with the Department of Transportation and adjacent to or in dose
proximity to all military installations in coordination with the Department of Defense.
(11)(a) The Legislature recognizes the need for innovative planning and development strategies
which will address the anticipated demands of continued urbanization of Florida's coastal and other
environmentally sensitive areas, and which will accommodate the development of less populated
regions of the state which seek economic development and which have suitable land and water
resources to accommodate growth in an environmentally acceptable manner. The Legislature
further recognizes the substantial advantages of innovative approaches to development which may
better serve to protect environmentally sensitive areas, maintain the economic viability of
agricultural and other predominantly rural land uses, and provide for the cost-efficient delivery of
public facilities and services.
(b) It is the intent of the Legislature that the local government comprehensive plans and plan
amendments adopted pursuant to the provisions of this part provide for a planning process which
allows for land use efficiencies within existing urban areas and which also allows for the conversion
of rural lands to other uses, where appropriate and consistent with the other provisions of this part
and the affected local comprehensive plans, through the application of innovative and flexible
plannin~ and development strategies and creative land use planning techniques, which may
indude, but not be limited to, urban villages, new towns, satellite communities, area-based
allocations, dustering and open space provisions, mixed-use development, and sector planning.
(c) It is the further intent of the Legislature that local government comprehensive plans and
implementing land development regulations shall provide strategies which maximize the use of
existing facilities and services through redevelopment, urban infill development, and other
strategies for urban revitalization.
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(d)1. The department, in cooperation with the Department of Agriculture and Consumer Services,
the Department of Environmental Protection, water management districts, and regional planning
councils, shall provide assistance to local governments in the implementation of this paragraph and
rule 9J-5.006(5)(l), Florida Administrative Code. Implementation of those provisions shall indude a
process by which the department may authorize local governments to designate all or portions of
lands classified in the future land use element as predominantly agricultural, rural, open, open-
rural, or a substantively equivalent land use, as a rural land stewardship area within which planning
and economic incentives are applied to encourage the implementation of innovative and flexible
planning and development strategies and creative land use planning techniques, induding those
contained herein and in rule 9J-5.006(5)(t), Florida Administrative Code. Assistance may indude,
but is not limited to:
a. Assistance from the Department of Environmental Protection and water management districts in
creating the geographic information systems land cover database and aerial photogrammetry
needed to prepare for a rural land stewardship area;
b. Support for local government implementation of rural land stewardship concepts by providing
information and assistance to local governments regarding land acquisition programs that may be
used by the local government or landowners to leverage the protection of greater acreage and
maximize the effectiveness of rural land stewardship areas; and
c. Expansion of the role of the Department of Community Affairs as a resource agency to facilitate
establishment of rural land stewardship areas in smaller rural counties that do not have the staff or
planning budgets to create a rural land stewardship area.
2. The department shall encourage participation by local governments of different sizes and rural
characteristics in establishing and implementing rural land stewardship areas. It is the intent of the
Legislature that rural land stewardship areas be used to further the following broad principles of
rural sustainability: restoration and maintenance of the economic value of rural land; control of
urban sprawl; identification and protection of ecosystems, habitats, and natural resources;
promotion of rural economic activity; maintenance of the viability of Florida's agricultural
economy; and protection of the character of rural areas of Florida. Rural land stewardship areas
may be multicounty in order to encourage coordinated regional stewardship planning.
3. A local government, in conjunction with a regional planning council, a stakeholder organization
of private land owners, or another local government, shall notify the department in writing of its
intent to designate a rural land stewardship area. The written notification shall describe the basis
for the designation, including the extent to which the rural land stewardship area enhances rural
land values, controls urban sprawl, provides necessary open space for agriculture and protection of
the natural environment, promotes rural economic activity, and maintains rural character and the
economic viability of agriculture.
4. A rural land stewardship area shall be not less than 10,000 acres and shall be located outside of
municipalities and established urban ~rowth boundaries, and shall be designated by plan
amendment. The plan amendment designating a rural land stewardship area shall be subject to
review by the Department of Community Affairs pursuant to s. 163.3184 and shall provide for the
following:
a. Criteria for the designation of receiving areas within rural land stewardship areas in which
innovative planning and development strategies may be applied. Criteria shall at a minimum
provide for the following: adequacy of suitable land to accommodate development so as to avoid
conflict with environmentally sensitive areas, resources, and habitats; compatibility between and
transition from higher density uses to lower intensity rural uses; the establishment of receiving
area service boundaries which provide for a separation between receiving areas and other land uses
within the rural land stewardship area through limitations on the extension of services; and
connection of receiving areas with the rest of the rural land stewardship area using rural design
and rural road corridors.
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b. Goals, objectives, and policies setting forth the innovative planning and development strategies
to be applied within rural land stewardship areas pursuant to the provisions of this section.
c. A process for the implementation of innovative planning and development strategies within the
rural land stewardship area, including those described in this subsection and rule 9J-5.006(5)(l),
Florida Administrative Code, which provide for a functional mix of land uses, including adequate
available workforce housing, including low, very-low and moderate income housing for the
development anticipated in the receiving area and which are applied through the adoption by the
local government of zoning and land development regulations applicable to the rural land
stewardship area.
d. A process which encourages visioning pursuant to s. 163.3167(11) to ensure that innovative
planning and development strategies comply with the provisions of this section.
e. The control of sprawl through the use of innovative strategies and creative land use techniques
consistent with the provisions of this subsection and rule 9J-5.006(5)(l), Florida Administrative
Code.
5. A receiving area shall be designated by the adoption of a land development regulation. Prior to
the designation of a receiving area, the local government shall provide the Department of
Community Affairs a period of 30 days in which to review a proposed receiving area for consistency
with the rural land stewardship area plan amendment and to provide comments to the local
government. At the time of designation of a stewardship receiving area, a listed species survey will
be performed. If listed species occur on the receiving area site, the developer shall coordinate with
each appropriate local, state, or federal agency to determine if adequate provisions have been
made to protect those species in accordance with applicable regulations. In determining the
adequacy of provisions for the protection of listed species and their habitats, the rural land
stewardship area shall be considered as a whole, and the impacts to areas to be developed as
receiving areas shall be considered together with the environmental benefits of areas protected as
sending areas in fulfilling this criteria.
6. Upon the adoption of a plan amendment creating a rural land stewardship area, the local
government shall, by ordinance, establish the methodology for the creation, conveyance, and use
of transferable rural land use credits, otherwise referred to as stewardship credits, the application
of which shall not constitute a right to develop land, nor increase density of land, except as
provided by this section. The total amount of transferable rural land use credits within the rural
land stewardship area must enable the realization of the long-term vision and goals for the 25-year
or greater projected population of the rural land stewardship area, which may take into
consideration the anticipated effect of the proposed receiving areas. Transferable rural land use
credits are subject to the following limitations:
a. Transferable rural land use credits may only exist within a rural land stewardship area.
b. Transferable rural land use credits may only be used on lands designated as receiving areas and
then solely for the purpose of implementing innovative planning and development strategies and
creative land use planning techniques adopted by the local ~overnment pursuant to this section.
c. Transferable rural land use credits assigned to a parcel of land within a rural land stewardship
area shall cease to exist if the parcel of land is removed from the rural land stewardship area by
plan amendment.
d. Neither the creation of the rural land stewardship area by plan amendment nor the assignment
of transferable rural land use credits by the local government shall operate to displace the
underlying density of land uses assigned to a parcel of land within the rural land stewardship area;
however, if transferable rural land use credits are transferred from a parcel for use within a
designated receiving area, the underlying density assigned to the parcel of land shall cease to
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exist.
e. The underlying density on each parcel of land located within a rural land stewardship area shall
not be increased or decreased by the local government, except as a result of the conveyance or use
of transferable rural land use credits, as long as the parcel remains within the rural land
stewardship area.
f. Transferable rural land use credits shall cease to exist on a parcel of land where the underlying
density assigned to the parcel of land is utilized.
g. An increase in the density of use on a parcel of land located within a designated receiving area
may occur only through the assignment or use of transferable rural land use credits and shall not
require a plan amendment.
h. A change in the density of land use on parcels located within receiving areas shall be specified
in a development order which reflects the total number of transferable rural land use credits
assigned to the parcel of land and the infrastructure and support services necessary to provide for
a functional mix of land uses corresponding to the plan of development.
i. Land within a rural land stewardship area may be removed from the rural land stewardship area
through a plan amendment.
j. Transferable rural land use credits may be assigned at different ratios of credits per acre
according to the natural resource or other beneficial use characteristics of the land and according
to the land use remaining following the transfer of credits, with the highest number of credits per
acre assigned to the most environmentally valuable land or, in locations where the retention of
open space and agricultural land is a priority, to such lands.
k. The use or conveyance of transferable rural land use credits must be recorded in the public
records of the county in which the property is located as a covenant or restrictive easement
running with the land in favor of the county and either the Department of Environmental
Protection, Department of Agriculture and Consumer Services, a water management district, or a
recognized statewide land trust.
7. Owners of land within rural land stewardship areas should be provided incentives to enter into
rural land stewardship agreements, pursuant to existing law and rules adopted thereto, with state
agencies, water management districts, and local governments to achieve mutually agreed upon
conservation objectives. Such incentives may include, but not be limited to, the following:
a. Opportunity to accumulate transferable mitigation credits.
b. Extended permit agreements.
c. Opportunities for recreational leases and ecotourism.
d. Payment for specified land management services on publidy owned land, or property under
covenant or restricted easement in favor of a public entity.
e. Option agreements for sale to public entities or private land conservation entities, in either fee
or easement, upon achievement of conservation objectives.
8. The department shall report to the Legislature on an annual basis on the results of
implementation of rural land stewardship areas authorized by the department, induding successes
and failures in achieving the intent of the Legislature as expressed in this paragraph.
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(e) The Legislature finds that mixed-use, high-density development is appropriate for urban infill
and redevelopment areas. Mixed-use projects accommodate a variety of uses, induding residential
and commercial, and usually at higher densities that promote pedestrian-friendly, sustainable
communities. The Legislature recognizes that mixed-use, high-density development improves the
quality of life for residents and businesses in urban areas. The Legislature finds that mixed-use,
high-density redevelopment and infill benefits residents by creating a livable community with
alternative modes of transportation. Furthermore, the Legislature finds that local zoning
ordinances often discourage mixed-use, high-density development in areas that are appropriate for
urban infill and redevelopment. The Legislature intends to discourage single-use zoning in urban
areas which often leads to lower-density, land-intensive development outside an urban service
area. Therefore, the Department of Community Affairs shall provide technical assistance to local
governments in order to encourage mixed-use, high-density urban infill and redevelopment
projects.
(f) The Legislature finds that a program for the transfer of development rights is a useful tool to
preserve historic buildings and create public open spaces in urban areas. A program for the transfer
of development rights allows the transfer of density credits from historic properties and public
open spaces to areas designated for high-density development. The Legislature recognizes that
high-density development is integral to the success of many urban infill and redevelopment
projects. The Legislature intends to encourage high-density urban infill and redevelopment while
preserving historic structures and open spaces. Therefore, the Department of Community Affairs
shall provide technical assistance to local governments in order to promote the transfer of
development rights within urban areas for high-density infill and redevelopment projects.
(g) The implementation of this subsection shall be subject to the provisions of this chapter,
chapters 186 and 187, and applicable agency rules.
(h) The department may adopt rules necessary to implement the provisions of this subsection.
(12) A public school facilities element adopted to implement a school concurrency program shall
meet the requirements of this subsection. Each county and each municipality within the county,
unless exempt or subject to a waiver, must adopt a public school facilities element that is
consistent with those adopted by the other local governments within the county and enter the
interlocal agreement pursuant to s. 163.31777.
(a) The state land planning agency may provide a waiver to a county and to the municipatities
within the county if the capacity rate for all schools within the school district is no greater than
100 percent and the projected 5-year capital outlay full-time equivalent student growth rate is less
than 10 percent. The state land planning agency may allow for a single school to exceed the 100-
percent limitation if it can be demonstrated that the capacity rate for that single school is not
greater than 105 percent. In making this determination, the state land planning agency shall
consider the following criteria:
1. Whether the exceedance is due to temporary circumstances;
2. Whether the projected 5-year capital outlay full time equivalent student growth rate for the
school district is approaching the 10-percent threshold;
3. Whether one or more additional schools within the school district are at or approaching the 100-
percentthreshold; and
4. The adequacy of the data and analysis submitted to support the waiver request.
(b) A municipality in a nonexempt county is exempt if the municipality meets all of the following
criteria for having no significant impact on school attendance:
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1. The municipality has issued development orders for fewer than 50 residential dwelling units
during the preceding 5 years, or the municipality has generated fewer than 25 additional public
school students during the preceding 5 years.
2. The municipality has not annexed new land during the preceding 5 years in land use categories
that permit residential uses that will affect school attendance rates.
3. The municipality has no public schools located within its boundaries.
(c) A public school facilities element shall be based upon data and analyses that address, among
other items, how level-of-service standards will be achieved and maintained. Such data and
analyses must include, at a minimum, such items as: the interlocal agreement adopted pursuant to
s. 163.31777 and the 5-year school district facilities work program adopted pursuant to s. 1013.35;
the educational plant survey prepared pursuant to s. 1013.31 and an existing educational and
ancillary plant map or map series; information on existing development and development
anticipated for the next 5 years and the long-term planning period; an analysis of problems and
opportunities for existing schools and schools anticipated in the future; an analysis of opportunities
to collocate future schools with other public facilities such as parks, libraries, and community
centers; an analysis of the need for supporting public facilities for existing and future schools; an
analysis of opportunities to locate schools to serve as community focal points; projected future
population and associated demographics, including development patterns year by year for the
upcoming 5-year and long-term planning periods; and anticipated educational and ancillary plants
with land area requirements.
(d) The element shatl contain one or more goals which establish the long-term end toward which
public school programs and activities are ultimately directed.
(e) The element shall contain one or more objectives for each goal, setting specific, measurable,
intermediate ends that are achievable and mark progress toward the goal.
(f) The element shall contain one or more policies for each objective which establish the way in
which programs and activities will be conducted to achieve an identified goal.
(g) The objectives and policies shall address items such as:
1. The procedure for an annual update process;
2. The procedure for school site selection;
3. The procedure for school permitting;
4. Provision for infrastructure necessary to support proposed schools, including potable water,
wastewater, drainage, solid waste, transportation, and means by which to assure safe access to
schools, including sidewalks, bicycle paths, turn lanes, and signalization;
5. Provision for colocation of other public facilities, such as parks, libraries, and community
centers, in proximity to public schools;
6. Provision for location of schools proximate to residential areas and to complement patterns of
development, including the location of future school sites so they serve as community focal points;
7. Measures to ensure compatibility of school sites and surrounding land uses;
8. Coordination with adjacent local governments and the school district on emergency
preparedness issues, including the use of public schools to serve as emergency shelters; and
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9. Coordination with the future land use element.
(h) The etement shall include one or more future conditions maps which depict the anticipated
location of educational and ancillary plants, induding the general location of improvements to
existing schools or new schools anticipated over the 5-year or long-term planning period. The maps
will of necessity be general for the long-term planning period and more specific for the 5-year
period. Maps indicating general locations of future schools or school improvements may not
prescribe a land use on a particular parcel of land.
(i) The state land planning agency shall establish a phased schedule for adoption of the public
school facilities element and the required updates to the public schools interlocal agreement
pursuant to s. 163.31777. The schedule shall provide for each county and local government within
the county to adopt the element and update to the agreement no later than December 1, 2008.
Plan amendments to adopt a public school facilities element are exempt from the provisions of s.
163.3187(1).
(j) Failure to adopt the public school facilities element, to enter into an approved interlocal
agreement as required by subparagraph (6)(h)2. and s. 163.31777, or to amend the comprehensive
plan as necessary to implement school concurrency, according to the phased schedule, shall result
in a local government being prohibited from adopting amendments to the comprehensive plan
which increase residential density until the necessary amendments have been adopted and
transmitted to the state land planning agency.
(k) The state land planning agency may issue the school board a notice to show cause why
sanctions should not be enforced for failure to enter into an approved interlocal agreement as
required by s. 163.31777 or for failure to implement the provisions of this act relating to public
school concurrency. The school board may be subject to sanctions imposed by the Administration
Commission directing the Department of Education to withhold from the district school board an
equivalent amount of funds for school construction available pursuant to ss. 1013.65, 1013.68,
1013.70, and 1013.72.
(13) Local governments are encouraged to develop a community vision that provides for
sustainable growth, recognizes its fiscal constraints, and protects its natural resources. At the
request of a local government, the applicable regional planning council shall provide assistance in
the development of a community vision.
(a) As part of the process of developing a community vision under this section, the local
government must hold two public meetings with at least one of those meetings before the local
planning agency. Before those public meetings, the local government must hold at least one public
workshop with stakeholder groups such as neighborhood associations, community organizations,
businesses, private property owners, housing and development interests, and environmental
organizations.
(b) The local government must, at a minimum, discuss five of the following topics as part of the
workshops and public meetings required under paragraph (a):
1. Future growth in the area using population forecasts from the Bureau of Economic and Business
Research;
2. Priorities for economic development;
3. Preservation of open space, environmentally sensitive lands, and agricultural lands;
4. Appropriate areas and standards for mixed-use development;
5. Appropriate areas and standards for high-density commercial and residential development;
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6. Appropriate areas and standards for economic development opportunities and employment
centers;
7. Provisions for adequate workforce housing;
8. An efficient, interconnected multimodal transportation system; and
9. Opportunities to create land use patterns that accommodate the issues listed in subparagraphs
1.-8.
(c) As part of the workshops and public meetings, the local government must discuss strategies for
addressing the topics discussed under paragraph (b), including:
1. Strategies to preserve open space and environmentally sensitive lands, and to encourage a
healthy agricultural economy, including innovative planning and development strategies, such as
the transfer of development rights;
2. Incentives for mixed-use development, including increased height and intensity standards for
buildings that provide residential use in combination with office or commercial space;
3. Incentives for workforce housing;
4. Designation of an urban service boundary pursuant to subsection (2); and
5. Strategies to provide mobility within the community and to protect the Strategic Intermodal
System, including the development of a transportation corridor management plan under s. 337.273.
(d) The community vision must reflect the community's shared concept for growth and
development of the community, induding visual representations depicting the desired land use
patterns and character of the community during a 10-year planning timeframe. The community
vision must also take into consideration economic viability of the vision and private property
interests.
(e) After the workshops and public meetings required under paragraph (a) are held, the local
government may amend its comprehensive plan to include the community vision as a component in
the plan. This plan amendment must be transmitted and adopted pursuant to the procedures in ss.
163.3184 and 163.3189 at public hearings of the governing body other than those identified in
paragraph (a).
(f) Amendments submitted under this subsection are exempt from the limitation on the frequency
of plan amendments in s. 163.3187.
(g) A local government that has developed a community vision or completed a visioning process
after July 1, 2000, and before July 1, 2005, which substantially accomplishes the goals set forth in
this subsection and the appropriate goals, policies, or objectives have been adopted as part of the
comprehensive plan or reflected in subsequently adopted land development regulations and the
plan amendment incorporating the community vision as a component has been found in compliance
is eligible for the incentives in s. 163.3184(17).
(14) Local governments are also encouraged to designate an urban service boundary. This area
must be appropriate for compact, contiguous urban development within a 10-year planning
timeframe. The urban service area boundary must be identified on the future land use map or map
series. The local government shall demonstrate that the land included within the urban service
boundary is served or is planned to be served with adequate public facilities and services based on
the local government's adopted level-of-service standards by adopting a 10-year facilities plan in
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the capital improvements element which is financially feasible. The local government shall
demonstrate that the amount of land within the urban service boundary does not exceed the
amount of land needed to accommodate the projected population growth at densities consistent
with the adopted comprehensive plan within the 10-year planning timeframe.
(a) As part of the process of establishing an urban service boundary, the local government must
hold two public meetings with at least one of those meetings before the local planning agency.
Before those public meetings, the local government must hold at least one public workshop with
stakeholder groups such as neighborhood associations, community organizations, businesses,
private property owners, housing and development interests, and environmental organizations.
(b)1. After the workshops and public meetings required under paragraph (a) are held, the local
government may amend its comprehensive plan to indude the urban service boundary. This plan
amendment must be transmitted and adopted pursuant to the procedures in ss. 163.3184 and
163.3189 at meetings of the governing body other than those required under paragraph (a).
2. This subsection does not prohibit new development outside an urban service boundary.
However, a local government that establishes an urban service boundary under this subsection is
encouraged to require a full-cost-accounting analysis for any new development outside the
boundary and to consider the results of that analysis when adopting a plan amendment for property
outside the established urban service boundary.
(c) Amendments submitted under this subsection are exempt from the limitation on the frequency
of plan amendments in s. 163.3187.
(d) A local government that has adopted an urban service boundary before July 1, 2005, which
substantially accomplishes the goals set forth in this subsection is not required to comply with
paragraph (a) or subparagraph 1. of paragraph (b) in order to be eligible for the incentives under s.
163.3184(17). In order to satisfy the provisions of this paragraph, the local government must secure
a determination from the state land planning agency that the urban service boundary adopted
before July 1, 2005, substantially complies with the criteria of this subsection, based on data and
analysis submitted by the local government to support this determination. The determination by
the state land planning agency is not subject to administrative challenge.
History.--s. 7, ch. 75-257; s. 1, ch. 77-174; s. 1, ch. 80-154; s. 6, ch. 83-308; s. 1, ch. 85-42; s. 6,
ch. 85-55; s. 1, ch. 85-309; s. 7, ch. 86-191; s. 5, ch. 92-129; s. 6, ch. 93-206; s. 898, ch. 95-147; s.
3, ch. 95-257; s. 4, ch. 95-322; s. 10, ch. 95-341; s. 10, ch. 96-320; s. 24, ch. 96-410; s. 2, ch. 96-
416; s. 2, ch. 98-146; s. 4, ch. 98-176; s. 4, ch. 98-258; s. 90, ch. 99-251; s. 3, ch. 99-378; s. 40,
ch. 2001-201; s. 64, ch. 2001-279; s. 24, ch. 2002-1; s. 58, ch. 2002-20; s. 70, ch. 2002-295; s. 2,
ch. 2002-296; s. 904, ch. 2002-387; s. 61, ch. 2003-286; s. 2, ch. 2004-230; s. 4, ch. 2004-372; s. 2,
ch. 2004-381; s. 2, ch. 2005-36; s. 1, ch. 2005-157; s. 2, ch. 2005-290; s. 10, ch. 2005-291; s. 2, ch.
2006-220; s. 57, ch. 2007-196; s. 1, ch. 2007-198; s. 2, ch. 2007-204.
Disdaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright ~ 2000-2006 State of Florida.
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9J-11.001 Purpose.
This chapter establishes procedures for the submittal and review of local government comprehensive plans, plan amendments, land
development regulations and evaluation and appraisal reports pursuant to the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163, Part II, F.S., and Chapter 9J-5, F.A.C. It specifies the documents and information to be
submitted for review at the time plans, plan amendments, land development regulations, evaluation and appraisal reports, and public
schools interlocal agreements are submitted to the Deparhnent for review. It describes the actions the Department takes upon receipt
of the submitted documents and information, or when a plan or element or evaluation and appraisal report or public schools
interlocal agreement is not submitted. It also describes the procedures the Department follows for review of plans and plan
amendments and procedures for the issuance of a notice of intent and sufficiency finding for an evaluation and appraisal report and
consistency finding for a public schools interlocal agreement.
Specific Authoriry 163.3177(9) FS. Law Irnplemented 163.3177(9), 16331777, ]63.3181, 163.3184, 163.3l87, 163.3191 FS. History-New 9-22-87,
Amended ] 1-10-93, 11-6-96, 1-8-01, 11-24-02.
9J-11.004 Submittal Requirements for Proposed Local Government Comprehensive Plans.
(1) Each proposed comprehensive plan shall be submitted in accordance with Section 163.3167, F.S.
(2) The local government shall submit three copies of all comprehensive plan materials, of which at least one copy shall be
paper and up to two copies may be on CD ROM in Portable Document Format (PDF), including graphic and textual materials and
support documents directly to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing
Team and one copy directly to the appropriate agencies listed in subsection 9J-11.009(6), F.A.C. Each proposed comprehensive plan
shall be accompanied by the following documents:
(a) A transmittal letter from the local governing body or its designee stating the date or dates on which the local governing body
held the public hearing at which the transmittal of the plan to the Department was approved. The transmittal letter shall also specify:
1. Whether the plan is applicable to an area of criticai state concern pursuant to Chapter 380, F.S.;
2. Whether the plan applies to the Wekiva River Protection Area pursuant to Chapter 88-393, Laws of Florida;
3. Whether the plan includes any optional elements;
4. Whether the plan is proposed to be adopted under a joint planning agreement pursuant to Section 163.3171, F.S., and the
local governments who are a party to the joint planning agreement. If the plan is subject to a joint planning agreement, the
transmittal letter shall be signed by the chief elected official of each local government or his or her designee;
5. The name, title, address, telephone number, and facsimile machine number (if any) of the person who is familiar with the
proposed plan and is responsible for ensuring that the materials transmitted are complete; and
6. Any locations where the plan is available for public inspection during normal business hours and the Department's
objections, recommendations and comments eventually issued on the plan will be made available for public inspection during
normal business hours;
(b) A copy of the procedures for public participation that have been adopted by the local planning agency and the governing
body in accordance with Section 1633181, F.S., and Rule 9J-5.004, F.A.C.;
(c) The comprehensive plan including goals, objectives, policies, maps, and support documents which include data and analyses
specified in Rule 9J-5.005, F.A.C. Summaries of support documents may be submitted consistent with subsection 9J-5.005(2),
F.A.C.;
(d) In the event the local government does not include all of the goals, objectives, policies, maps, and support documents which
include data and analyses required by Chapter 9J-5, F.A.C., in its submittal, it shall include a list identifying all omitted items and
the reason for each omission.
Specific Authoriry 163.3177(9) FS. Law Implemented 163.3167(2), 163.3177(1), (4)(b), (7), (9), 163.3184(2), (3), (14), (I S), 163.3191 FS. History-
New 9-22-87, Amended 10-11-88, l 1-] 0-93, I1-6-96, 4-8-99, 11-24-02, 6-30-OS, 4-17-06.
4. A description of the availability of and the demand on the following public facilities: sanitary sewer, solid waste, drainage,
potable water, traffic circulation, schools and recreation, as appropriate; and
5. Information regarding the compatibility of the proposed land use amendments with the land use element objectives and
policies, and those of other affected elements;
(c) Copies of staff, local planning agency and local governing body recommendations and copies of support document(s) or
summaries of the support documents on which the recommendations regarding the proposed plan amendment(s) are based;
(2) Any plan amendment which is not identified as an exemption listed in subparagraph 9J-11.006(1)(a)7., F.A.C., will be
considered to be an amendment submitted for one of the two times per calendar year that plan amendments may be adopted. This
provision is not to preclude the allowed exemptions from being included in the consolidated single submission for each of the two
plan amendment adoption times during the calendar year. All exemptions must be clearly identified.
(3) Local governments must make a determination on transmittal of proposed amendments related to developments of regional
impact within 60 days of the filing of the application for development approval unless that time is extended by the developer.
Specific Authoriry 163.3177(9) FS. Law Implemented 163.3177(3), (6), (9), (13), (14), 163.3184(I), (2), (3), (I S), (17), (18), 163.3187(1), (2), (S),
163.3191, 369.321(S), 380.06(6) FS. History-New 9-22-87, Amended 10-11-88, 11-10-93, 11-6-96, 4-8-99, 1-8-01, 11-24-02, 6-30-05, 4-17-06.
o. An amendment to the future land use map identifying school sites pursuant to Sections 1633177(6)(a) and 1633187(1)(1),
F.S.;
p. An amendment to the Intergovernmental Coordination Element pursuant to Section 163.3177(6)(h)4.b., F.S.;
q. An amendment adopting a boating facility siting plan or policy pursuant to Section 380.06(24)(k)1., F.S.;
r. An amendment addressing criteria or compatibility of land uses adjacent to or in close proximity to military installations
pursuant to Section 163.3187(1)(m), F.S.;
s. An amendment establishing or implementing a rural land stewardship area pursuant to Section 163.3177(11)(d), F.S.;
t. An amendment incorporating the regional water supply work plan approved pursuant to Sections 373.0361 and
1633177(6)(c), F.S.;
u. An amendment implementing the Wekiva Study Area plan pursuant to Section 369321, F.S.;
v. An amendment to the capital improvements element to update the schedule of capital improvements on an annual basis
pursuant to Section 163.3177(3)(b)1., F.S.;
w. An amendment to the capital improvements element other than an update to the schedule of capital improvements pursuant
to Section 163.3177(3)(b)2., F.S.;
x. An amendment that is intended to incorporate a community vision meeting the criteria of Section 1633177(13), F.S., as a
component to the comprehensive plan pursuant to Section 163.3177(13)(fl, F.S.;
y. An amendment that is intended to designate an urban service boundary meeting the criteria of Section 1633177(14), F.S.,
pursuant to Section 163.3177(14)(b), F.S.;
z. A map amendment consistent with Section 1633184(17), F.S., within the urban service boundary for those local governments
that have adopted a community vision and urban service boundary pursuant to Sections 163.3177(13) and (14), F.S.;
aa. A map amendment consistent with Section 163.3184(18), F.S., within the urban infill and redevelopment area for those local
governments that have adopted an urban infill and redevelopment area pursuant to Section 163.2517, F.S.;
bb. An amendment submitted pursuant to Section 163.3187(1)(0), F.S., within an area designated by the Governor as a rural
area of critical economic concern under Section 288.0656(7), F.S.; and
cc. An amendment necessary to carry out the approved recommendation of a special magistrate under Section 70.051, F.S.
8. Whether the local government has sent a copy of its complete adopted comprehensive plan including amendments with all
support documents which includes data and analyses to all of the review agencies listed in subsection 9J-11.009(6), F.A.C. lf the
plan amendment is being submitted pursuant to Section 163.3191, F.S., verify that copies of the Evaluation and Appraisal Report
have been submitted to agencies listed in subsection 9J-] 1.009(6), F.A.C. The Department will not process a proposed amendment
and the review time for the amendment shall not begin if copies of the entire element being amended are not transmitted unless the
local government has provided the Department with a transmittal letter certifying that the plan and Evaluation and Appraisal Report,
if applicable, has been sent to the review agencies, with a copy of the letter sent to each agency;
9. Whether the amendment is proposed to be adopted under a joint planning agreement pursuant to Section 163.3171, F.S., and
a list of the local governments included in the agreement who are a party to the joint planning agreement. If the plan amendment is
subject to a joint planning agreement, the transmittal letter shall be signed by the chief elected official of each local government or
his or her designee; and
10. The name, title, address, telephone number, facsimile number, and e-mail address, if any, of the person for the local
government who is familiar with the proposed amendment(s) and is responsible for ensuring that the materials transmitted are
complete.
(b) The proposed amendment package shall include all proposed text, maps and support documents which includes data and
analyses, as reflected on new pages of the affected element in a strike through and underline format or similar easily identifiable
format identifying the plan amendment number on each page affected. In the case of future land use plan map amendments, the
following additional information must be provided:
1. Future land use map(s) depicting the following information:
a. The proposed future land use map designation of the subject property; the boundary of the subject property and its location in
relation to the surrounding street and thoroughfare network;
b. The present future land use map designations of the subject property and the abutting properties adjoining the subject area;
2. An existing land use map depicting the existing land use(s) of the subject property and abutting properties;
3. The size of the subject property in acres or fractions thereof;
9J-11.006 Submittal Requirements for Proposed Local Government Comprehensive Plan Amendments.
(1) The local government shall submit three copies of each proposed amendment, of which at least one copy shall be paper and
up to two copies may be on CD ROM in Portable Document Format (PDF), including applicable supporting documents which
include data and analyses directly to the Florida Department of Community Affairs, Division of Community Planning, Plan
Processing Team, and one copy directly to the appropriate agencies list in subsection 9J-11.009(6), F.A.C. Proposed plan
amendments, except those discussed under the exemption provisions of subparagraph 9J-11.006(1)(a)7., F.A.C., below, shall be
consolidated into a single submission for each of the two plan amendment adoption times during the calendar year. The
comprehensive plan submitted pursuant to Section 163.3167, F.S., shall be counted as one of the two plan amendment adoption
times during the calendar year; however, only the submittal requirements of Rule 9J-11.004, F.A.C., must be followed. For each
proposed plan amendment submittal package, the local governing body shall submit:
(a) A transmittal letter from the local governing body or its designee which shall specify the following:
L The date or dates on which the local planning agency held the public hearing on the plan amendment; .
2. The date or dates on which the local governing body held the public hearing at which the transmittal of the plan amendment
to the Department was approved and the date that the proposed amendment and one copy of each item specified under paragraphs
9J-11.006(1)(a), (b), and (c), F.A.C., was submitted to the appropriate agencies listed in subsection 9J-11.009(6), F.A.C.
3. A summary of the plan amendment content and effect and whether the local government requests that the Department review
the proposed amendment;
4. The proposed month of adoption of the proposed plan amendment;
5. Whether the proposed amendment is applicable to an area of critical state concern;
6. For plan amendments within Orange, Lake and Seminole Counties, whether the plan amendment applies to the Wekiva River
Protection Area pursuant to Chapter 369, Part III, F.S.;
7. Whether the proposed amendment is one of the exemptions to the twice per calendar year limitation on the adoption of
comprehensive plan amendments and the facts and circumstances which cause the amendment to be considered as one of the
following exemptions:
a. Directly related to a proposed development of regional impact pursuant to Chapter 380, F.S., including changes which are
determined to be substantial deviations and Florida Quality Developments. In order for an amendment to be exempt from the twice-
a-year amendment restriction under the development-of-regional-impact provision, the amendment must have been transmitted and
adopted pursuant to Section 380.06(6)(b), F.S. The comprehensive plan, elements and amendments shall be adopted by ordinance at
the public hearings required by Section 380.06(6)(b), F.S., after the notices required by Sections 1633184(15)(b) and (c), and
380.06(6)(b), F.S. A copy of the transmittal letter to the regional planning council applying for development approval shall
accompany the development of regional impact amendment when submitted to the Department;
b. Directly related to proposed small scale development activities pursuant to Section 163.3187(1)(c), F.S.;
c. An emergency as defined in Section 1633187(1)(a), F.S. In the case of an emergency, the transmittal of the amendment must
be unanimously approved by the local governing body. The transmittal shall include a statement which sets forth the facts and
circumstances justifying the emergency;
d. An amendment submitted to the Department pursuant to a compliance agreement;
e. Whether the amendment updates the intergovernmental coordination element to comply with Section 1633177(6)(h)5., F.S.;
£ An amendment submitted to the Department for the location of a state correctional facility;
g. An amendment submitted to the Department identifying the land use categories in which public schools are an allowable use
pursuant to Section 163.3177(6)(a), F.S.;
h. An amendment that changes the schedule in the capital improvement element, and any amendments directly related to the
schedule pursuant to Section 1633187(])(fl, F.S.;
i. An amendment relating to an economic development project as defined under Section 403.973, F.S.;
j. An amendment directly related to proposed redevelopment of brownfield areas designated under Section 376.80, F.S.;
k. An amendment for port transportation facilities and projects that are eligible for funding by the Florida Transportation and
Economic Development Council pursuant to Section 311.07, F.S.;
1. An amendment for the purpose of designating an urban infill and redevelopment area under Section 163.2517, F.S.
m. Directly related to providing transportation improvements as provided far in Section 163.3187(1)(k), F.S.;
n. An amendment adopting a public school facilities element pursuant to Sections 1633177(12) and 1633187(1)(1), F.S.;
9J-11.007 Data and Analysis Requirements for Proposed Local Government Comprehensive Plan Amendments.
(1) Each proposed plan amendment must be supported by data and analysis in accordance with subsection 9J-5.005(2), F.A.C.
and subparagraphs 9J-ll.006(1)(b)1. through 5., F.A.C. If the original plan data and analysis or the data and analysis of a previous
amendment support and meet the requirements cited above for the amendment, no additional data and analysis are required to be
submitted to the Department unless the previously submitted data and analysis no longer include and rely on the best available
existing data. Copies of the updated and reanalyzed data and analysis must be submitted if the original plan data or data in support of
a previous amendment are no longer the best available data and analysis or if the data and analysis no longer support the plan.
(2) If a local government relies on ariginal plan data and analysis or the data and analysis of a previous amendment to support
an amendment, it shall provide to the Department, at the time of the proposed submittal, a reference to the specific portions of the
previously submitted data and analysis on which the local government relies to support the amendment.
(3) All plan amendments must meet the requirements of Chapter 9J-5, F.A.C.
Specific Authority 163.3177(9) FS. Law Implemented 163.3177(9), 163.3171, 163.3174, 163.3177, 163.3178, 163.3181, 163.3184, 163.3187 FS.
History-New 11-10-93, Arnended 11-6-96.
9J-11.008 Action Upon Receipt or Non-Receipt of Proposed Local Government Comprehensive Plan.
(1) The Department shall review the material submitted to ensure that all of the applicable comprehensive plan materiais
required by Chapter 9J-5, F.A.C., and this chapter are included in the package submitted for review. The Department will send a
notification to the local government when its submittal is complete.
(2) If the transmittal letter with the proposed comprehensive plan fails to state the date(s) that the required public hearing was
held prior to transmittal, the Department shall, within five working days of the receipt of the plan, send a notice to the local
government of the need to hold a transmittal public hearing within 21 calendar days after the notice is mailed to the local
government. The proposed plan will not be processed for review until the Department receives written notification from the local
governing body or its designee stating the date that the local governing body held the transmittal public hearing. The review time
specified in Section 163.3184, F.S., will not commence until the required written notification is received by the Department.
(3) If the proposed comprehensive plan submittal package does not include the required support documents used in formulating
the plan or summaries of the support documentation and the required existing conditions maps, the Department will immediately
notify the local government. Failure to provide the required documentation during the review process will result in an objection by
the Department and shall be the basis for a determination of not in compliance when there is the lack of such documentation.
(4) When a local government has not submitted the comprehensive plan or all of the element(s) required in Chapter 163, Part II,
F.S., and Chapter 9J-5, F.A.C., or does not include one or more items required to be adopted pursuant to paragraph 9J-5.005(1).(c),
F.A.C., the Department shall notify the local government regarding the missing plan ar element(s), within five working days of the
due date established in Section 163.3167, F.S. This notification shall be sent from the Director, Division of Community Planning, to
the chief elected official of the local government by certified mail, return receipt requested. A copy of the above referenced
notification will be sent by the Deparhnent by certified mail, return receipt requested, to the appropriate regional planning council so
that the regional planning council may provide at least a 90 calendar day written notice to the local government that they will assume
the planning responsibility and shall proceed with preparation of the missing comprehensive plan, element(s) or item(s) by a
specified date.
(a) The notice to the regional planning council shall indicate that the regional planning council has the responsibility to prepare
and adopt by rule, pursuant to Chapter 120, F.S., the missing comprehensive plan, element(s) or item(s) or adopt by rule
amendment(s) to the existing plan, by a specified date.
(b) Prior to initiating the planning process, the regional planning council shall provide at least a 90 calendar day written notice
to any local government whose comprehensive plan, element(s) or item(s) it is required to prepare, and specify the date that it will
begin work on the missing comprehensive plan, element(s) ar item(s). A copy of this written notice from the regional planning
council to the local government shall be mailed simultaneously to the affected local government and to the Florida Department of
Community Affairs, Division of Community Planning, Plan Processing Team.
(c) Before the adoption by the regional planning council of the comprehensive plan, element(s) or item(s) pursuant to Section
163.3167(3), F.S., the regional planning council shall transmit ten copies of the proposed comprehensive plan, element(s) or item(s),
together with ten copies of support documents which include data and analyses used in formulating the plan, element(s) or item(s) or
summaries of the support documents to the local government and the Department in accordance with the provisions of Section
1633184, F.S. The Department's copies shall be transmitted to the Fiorida Department of Community Affairs, Division of
Community Planning, Plan Processing Team.
(d) The Department shall review and make a written objections, recommendations, and comments report of the comprehensive
plan, element(s) or item(s) in accordance with Rules 9J-11.008 and 9J-11.010, F.A.C.
(e) If the local government has not submitted a complete adopted comprehensive plan after 90 calendar days from the due date,
pursuant to Section 1633167, F.S., the Department shall notify the Administrative Commission so that it may impose the sanctions
specified in Section 1633184(11)(a), F.S.
Specific Authoriry 163.3177(9) FS. Law Implemented 163.3177(9), 163.3184(1)(b), (2), (3)(a), (b), (4), (5), (6)(a), (b), (c), 163.3187(2) F.S.
History-New 9-22-87, Amended ! 0-ll -88, 11-! 0-93, 11-6-96, 4-8-99.
Section 163.3177(12), F.S.);
(j) The commanding officer ar designee of each military installation located within, adjacent or proximate to the local
government (if the amendment would affect the intensity, density, or use of the land adjacent to or in close proximity to the military
installation); and
(k) Office of Tourism, Trade, and Economic Development (if the amendment is related to an area of rural critical economic
concern pursuant to Section 1633187(1)(0), F.S.
(7) In cases where a local government transmits multiple individual amendments that can be clearly and legally separated and
distinguished for the purpose of determining whether to review the proposed amendment and the Department pursuant to Rule 9J-
11.010, F.A.C., elects to review several of the amendments pursuant to Section 163.3184(3)(d), F.S., and the local government
chooses to immediately adopt the remaining amendments not reviewed by the Department, the amendments immediately adopted
and any amendments reviewed by the Department which the local government subsequently adopts shall together constitute one
amendment cycle for purposes of ineeting the twice yearly amendment mandates of Section 163.3187(1), F.S.
(8) Local governments are prohibited from adopting some amendments to their comprehensive plans for failure to comply with
the following statutory requirements:
(a) Pursuant to Section 163.3177(3)(b)1., F.S., future land use map amendments may not be adopted if the local government has
failed to adopt the annual capital improvements update by December ] each year beginning 2007, except a local government may
adopt emergency amendments pursuant to Section 1633187(1)(a), F.S.;
(b) Pursuant to Section 163.3177(6)(a), F.S., no amendment may be adopted if the local government has failed to comply with
the school siting reyuirements, except amendments described in Section 1633187(1)(b), F.S.;
(c) Pursuant to Section 163.3177(12)(j), F.S., amendments which increase residential density may not be adopted if the local
government has failed to adopt the public school facility element and enter into an approved interlocal agreement by December 1,
2008;
(d) Pursuant to Section 1633187(6)(a), F.S., no amendment may be adopted if the local government has failed to adopt its
evaluation and appraisal report by the established adoption date, except for amendments described in Section 163.3187(1)(b) or (h),
F.S., until such time as the local government submits an adopted evaluation and appraisal report to the Department;
(e) Pursuant to Section 1633187(6)(c), F.S., no amendment may be adopted if the Department has determined that the adopted
evaluation and appraisal report does not sufficiently address the requirements of Section 163.3191, F.S., and the one year period
after the initial sufficiency determination has expired until such time as the local government adopts and submits an evaluation and
appraisal report that the Department determines is sufficient, except for plan amendments that meet the requirements of Section
163.31s~(1)~), F.s.;
(fl Pursuant to Section 1633191(10), F.S., no amendment may be adopted if the local government has failed to timely adopt and
transmit the evaluation and appraisal report-based amendments after July l, 2006; and
(g) If local governments are prohibited from amending the comprehensive plan pursuant to paragraphs 9J-l 1.009(8)(a) through
(~, F.A.C., then during the time period of the prohibition, amendments will not be processed by the Department, and will be
returned to the local government. In order to secure review thereafter, the local government may readopt and resubmit the
amendments in accordance with the requirements of Sections 1633184, 1633187, and 163.3189, F.S.
Specific Authority 163.3177(9) FS Law Implemented 163.3167(2), (3), 163.3175(2), 163.3177(3), (6), (9), (12), 163.3184(2), (3), (4), (S), (6),
163.3187(6), 163.3191 FS. History-New 9-22-87, Amended 11-10-93, 11-6-96, 4-8-99, I-8-O1, 11-24-02, 6-30-05, 4-17-06.
9J-11.009 Action Upon Receipt of Proposed Local Government Comprehensive Plan Amendment.
(1) The Department shall review the material submitted to ensure completeness. The Department's determination that the
package is complete will occur within five working days from receipt of the proposed amendment package. The Deparhnent's
completeness determination date is the date the Department determines that the package is complete.
(a) When a proposed plan amendment submittal package does not include all the information required by Rule 9J-11.006,
F.A.C., the Department will send a notice to the local government and review agencies listed in subsection 9J-11.009(6), F.A.C.,
within five working days of receipt of the proposed plan amendment. The Department's notice will identify the additional
information required.
(b) The proposed plan amendment will not be processed for review until three copies of the required information is received by
the Department with a written statement by the local government that copies of the additional information have also been submitted
to the review agencies listed in subsection 9J-11.009(6), F.A.C. The time period to determine whether a review will be done as
specified in Sections 163.3184(6)(a) and (b), F.S., will not commence until all reyuired information is transmitted by the local
governing body to the Department with a written statement by the local government that it has also transmitted the necessary
information to the other agencies.
(2) When a proposed plan amendment submittal package includes all the information required by Rule 9J-11.006, F.A.C., the
Department will send a notice to the local government and review agencies listed in subsection 9J-11.009(6), F.A.C., within five
working days of receipt of the complete proposed amendment submittal package. The notice to review agencies shall include the
date that their comments are due to the Department pursuant to Section 163.3184(4), F.S., and this comment due date shall be based
upon the completeness determination date as provided far in subsection 9J-11.009(1), F.A.C. The time period to determine whether
a review will be done as specified in Section 163.3184(6)(a), F.S., will begin upon the transmittal by the local governing body to the
Department, of a complete amendment submittal package. The transmittal date shall be the United States Mail postmark or other
similar official transmittal date of the mail company. Hand delivered documents shall be considered transmitted on the date of
receipt by the Division of Community Planning.
(3) If the local government requests a review of the amendment in its transmittal letter, the Department will initiate its review
after determination by the Department that the submitted package is complete pursuant to subsection 9J-11.006(1), F.A.C.
(4) If the Department receives a request to review from the appropriate regional planning council or an affected person (within
30 calendar days of transmittal of the proposed amendment) or the Department elects to review the amendment, the Department will
notify the local government and review agencies listed in subsection 9J-11.009(6), F.A.C., of its decision to review within 35
calendar days of the Department's completeness determination date as provided for in subsection 9J-ll.009(1), F.A.C. An affected
person requesting a review must provide as part of their written request, a statement of facts sufficient to show that the person
making the request is an affected person, as defined in Section 163.3184(1)(a), F.S. The Department will reject a request to review
by an individual if it determines there are insufficient facts to demonstrate that the person is an affected person. The request shall be
sent to: Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team.
(5) If no requests are received to review the proposed amendment and the Department elects not to review the amendment, the
Department will notify the local government and review agencies listed in subsection 9J-11.009(6), F.A.C., of its decision not to
review within 35 calendar days of the Department's completeness determination date as provided for in subsection 9J-11.009(1),
F.A.C. Upon receipt of the notification of the decision not to review, the local government may proceed to adopt the amendment.
(6) The local government shall transmit three copies of plans, parts of plan, or plan amendments to the Department and one
copy directly to the various agencies and governments, as appropriate, for their review and written response. These agencies and
governments may include, but not be limited to, the following:
(a) The appropriate regional planning council;
(b) The appropriate county (municipal plans only);
(c) The Department of Environmental Protection;
(d) The Department of Transportation;
(e) The appropriate water management district(s);
( fl Florida Department of State;
(g) Florida Fish and Wildlife Conservation Commission (county plans only);
(h) The Department of Agriculture and Consumer Services (county plans only);
(i) Office of Educational Facilities of Commissioner of Education (if related to the public school facilities element pursuant to
9J-11.010 Review of Proposed Local Government Comprehensive Plan or Proposed Plan Amendment.
(1) If the review is for a plan ar if a decision has been made to review a plan amendment under Rule 9J-11.009, F.A.C., the
Department shall review each comprehensive plan or amendment to determine whether it is consistent with the requirements of
Sections 1633177, 1633178, 1633180, ]633184, 163.3187, 163.3189 and 1633191, F.S., Chapter 9J-5, F.A.C., the State
Comprehensive Plan and the appropriate strategic regional policy plan.
(2) The Department will consider all comments, objections and recommendations received as it formulates its own response.
The Department may incorporate written responses received into its own objections, recommendations and comments report to
ensure that the written responses received will be considered by the local government prior to plan or amendment adoption.
(3) The Department, within 60 calendar days of the Department's completeness determination date as provided for in subsection
9J-11.009(1), F.A.C., the Director, Division of Community Planning, ar the Director's designee shall send the Department's
objections, recommendations and comments report to the local governing body. For the information of the local government, the
Department will attach a copy of the written responses received from the reviewing agencies. The Department will send a copy of its
objections, recommendations and comments report to the appropriate review agencies specified in subsections 9J-11.009(6) and 9J-
11.010(5), F.A.C.
(4) Local governments are encouraged to utilize the informal mediation process established by each regional planning council
pursuant to Section 186.509, F.S., to resolve conflicts between the local government and reviewing agencies whose written
responses may have resulted in an objection and recommendation by the Department.
(5) Municipalities may review and comment on the comprehensive plans and amendments of adjacent local governments and
submit such comments to the Department. The municipalities must file a written request with the governing body of the adjacent
local government, requesting a copy of the comprehensive plan or amendment be submitted to the municipality at the same time a
copy is submitted to the Department. A copy of this request letter should be sent to the Department so that the Department will be
notified that it may receive comments from an adjacent municipality. Municipalities may submit written objections,
recommendations and comments to the Department in a timely manner consistent with the submission of recommendations of other
review agencies.
(6) In developing comments, objections and recommendations, the reviewing agencies responsibilities shall include:
(a) Review by state agencies and the water management district(s) will relate to the statutory responsibilities of the agencies and
will include comments, objections and recommendations regarding those areas required to be addressed in the comprehensive plan
by Chapter 9J-5, F.A.C., and Sections 163.3177 and 163.3178, F.S.
(b) The review by the appropriate regional planning agency will be limited to effects on regional resources or facilities
identified in the strategic regional policy plan and extrajurisdictional impacts which would be inconsistent with the comprehensive
plan of the local government.
(c) The review by the county land planning agency of municipal comprehensive plans and amendments shall be primarily in the
context of the relationships and impacts on the county plan. Relationships include the requirements placed upon county services,
compatibility of adjacent land uses, and effects on interlocal agreements.
(d) The review by municipalities will be primarily in the context of the re1ationship and effect on the municipal plan.
Relationships include the requirements placed upon municipal services, compatibility of adjacent land uses, and effects on interlocal
agreements.
(e) The review by military installations will be primarily in the context of public safety and the effect on the mission of the
military installation, including, but not limited to whether the proposed change will be incompatible with the safety and noise
standards contained in the Air lnstallation Compatible Use Zone (AICUZ), or Range Installation Compatible Use Zone (RAICUZ),
if applicable; whether the proposed change is incompatible with the Installation Environmental Noise Management Program
(IENMP), if applicable; whether the proposed change is incompatible with the findings of the Joint Land Use Study (JLUS) for the
area if one has been completed; and whether the proposed change will adversely affect the military installation's mission.
(7) For plan or plan amendments, the agencies listed in subsection 9J-11.009(6), F.A.C., and the public are required by Section
1633184(4), F.S., to provide a written response to the Department within 30 calendar days as specified in subsection 9J-11.009(2),
F.A.C. Such response must be signed by an agency head or authorized individual(s). The written response shall be addressed to the
Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team.
Speciftc Authoriry 163.3177(9) FS. Law Implemented 163.3175(3), 163.3177(9), (10), 163.3184(1)(b), (6)(a), (b), (c), 163.3189(2) FS. History-
New 9-22-87, Arraertded 11-10-93, 11-6-96, 4-8-99, 11-24-02, 6-30-OS, 4-17-06.
Affairs, Division of Community Planning, Plan Processing Team and will not be subject to a compliance review.
(b) If the amendment is adopted to meet the annual update of the schedule or to eliminate, defer, or delay the construction for
any facility listed in the 5-year schedule pursuant to Section 1633177(3)(b), F.S., the local government must submit a copy of the
executed ordinance, the amendment in strike thru and underline format, and a summary of the de minimis impact records pursuant to
Section 163.3180(6), F.S.
(9) Adopted plan amendments to plans which have been found to be "in compliance," as that term is defined in Section
1633184, F.S., shall not become effective until the Department issues a final order determining the adopted amendment to be "in
compliance," or until the Administration Commission issues a final order determining the adopted amendment to be in compliance
in accordance with Section 163.3184(10), F.S. The DepartmenYs notice of intent to find an amendment in compliance shall become
an issued final order determining the adopted amendment to be in compliance if no petition challenging the amendment is filed with
the Department within 21 days of the date of publication of the notice of intent.
(10) Local governments with a plan in compliance are bound by the effective date provisions of Section 163.3189, F.S. They
shall include the following language in the adoption ordinance for plan amendments other than adopted amendments that are exempt
from State and Regional review:
The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs ar
Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), F.S., whichever is
applicable. No development orders, development permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to
the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team.
An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be
not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the
local government adopts a resolution affirming its effectiveness in the manner provided by law.
Specific Authority 163.3177(9) FS. Law Implerrtented 163.3167(3), 163.3175(4), 163.3177(3), (9), 163.3184(1)(b), (2), (6), (7), (IS), (16),
163.3187(1), 163.3189, 163.3191, 380.06(6) FS. History-New 9-22-87, Amended 10-11-88, 11-10-93, 11-6-96, 4-8-99, 1-8-O1, 11-24-02, 6-30-OS,
4-17-06.
d. A listing of proposed amendments previously reviewed by the Department in the current cycle of amendments which were
not adopted by the local government.
e. A copy of any comments from a military installation identifying a possible adverse impact from the proposed amendment
together with the local government's response to those comments.
f. If package contains a future land use map amendment adopted after December 1, 2007, a statement indicating the date that the
annual capital improvement element update has been adopted and submitted along with the summary of de minimis impact records.
6. The name, title, address, telephone number, facsimile number, and e-mail address, if any, of the person for the local
government who is familiar with the adopted amendment(s) and is responsible for ensuring that the materials transmitted are
complete.
(b) The adopted amendment package shall include the following:
1. All the adopted text in strike-through and underline format or similar easily identifiable format identifying the new text that
has been adopted;
2. In the case of a future land use map plan amendment, the adopted future land use map reflecting the changes made when
adopted. The map amendments shall be submitted on maps that indicate the ordinance number and date of each amendment update.
Also, it is not mandatory that completely reprinted future conditions maps be provided unless major, jurisdiction-wide changes are
made. Appropriately labeled and cross-referenced maps may be acceptable;
3. A copy of the executed ordinance adopting the comprehensive plan ar amendment(s);
4. A copy of the sign-in forms which legibly indicate the name and address of individuals who expressed a desire to receive a
courtesy information statement at the proposed and adoption hearings pursuant to Section 163.3184(15)(c), F.S. In the event no
individuals sign up to receive a courtesy information statement, indicate on the sign-in form that no requests were made and include
the form in the transmittal package;
5. Data and analysis. Each adopted plan or plan amendment must be supported by data and analysis in accordance with
subsection 9J-5.005(2), F.A.C. If the original data and analysis or the data and analysis of a previous amendment or data and
analysis submitted with the material transmitted pursuant to paragraphs 9J-11.004(2)(c) and 9J-11.006(1)(b) or Rule 9J-11.007,
F.A.C., support the amendment, no additional data and analysis is required to be submitted to the Department unless the previously
submitted data is no longer the best available existing data. The newly submitted data and analysis must reflect the best available
data and analysis at the time the adopted amendment is submitted to the Department. If a local government relies on original plan
data and analysis or the data and analysis of a previous amendment to support an amendment, it shall provide to the Department, at
the time of the adopted submittal, a reference to the specific portions of the previously submitted data and analysis on which the
local government relies to support the material.
6. Copies of the comprehensive plan pages that contain the newly adopted comprehensive plan amendments replacing the
existing comprehensive plan pages in a manner that will update the plan and incorporate all plan amendments. To avoid reprinting
all pages in the plan, it is permissible to number pages that contain additions or deletions to be inserted in the plan with the
appropriate page number followed by decimals or some other equivalent sub-numbering system. These pages shall include the
amendment ordinance number and adoption dates.
7. A new cumulative table of contents that includes all comprehensive plan amendments shall be submitted with each plan
amendment package, and it shall indicate the revision date and ordinance numbers. The table of contents page(s) shall include the
most recent amendment date.
(6) In the case of a comprehensive plan or amendment submitted pursuant to Section 163.3167(3), F.S., the provisions of
Section 163.3181, F.S., shall apply to the regional planning council as if it were the local governing body, except that the regional
planning council shall submit a copy of the rule adopting the comprehensive plan, element or amendment.
(7) In the case where the local government makes the determination not to adopt a proposed plan amendment, a letter must be
sent to the Department within five working days to inform the Department of this decision. This letter shall be sent to the Florida
Department of Community Affairs, Division of Community Planning, Plan Processing Team.
(8) In the case where the local government amends the capital improvement element, the following information will be required:
(a) If the local government adopts corrections and modifications of the capital improvements element concerning costs, revenue
sources, or acceptance of facilities pursuant to dedications that are consistent with the plan pursuant to Section 163.3177(3)(b), F.S.,
a copy of the executed ordinance shall be submitted to the Department within ten working days after adoption. Copies of the
referenced executed ordinances in this section of Rule 9J-11.011, F.A.C., shall be sent to the Florida Department of Community
9J-11.Oll Local Government Adoption of the Comprehensive Plan or Plan Amendment and Submittal for the
Compliance Review.
(1) In the case of a compliance agreement comprehensive plan amendment the procedures in Rule 9J-11.0131, F.A.C., shall be
followed.
(2) In the case of an adopted amendment that is exempt from State and Regional review, the local government may follow the
procedures in Rule 9J-11.015, F.A.C.
(3) In the case of a comprehensive plan submitted pursuant to Section 163.3167(2), F.S., the local government shall have 120
calendar days to adopt, or adopt with changes, the proposed comprehensive plan after the receipt of the objections, recommendations
and comments report from the Department pursuant to Section 163.3184(7)(a), F.S. In the case of a proposed amendment other than
those submitted pursuant to Section 163.3191, F.S., the local government has 60 calendar days to adopt, adopt with changes, or not
adopt the proposed amendment after receipt of the objections, recommendations and comments report from the Department pursuant
to Section 1633184(7)(a), F.S. ln the case of a plan amendment submitted pursuant to Section 1633191, F.S., the local government
shall have 120 calendar days to adopt, adopt with changes, or not adopt the proposed amendment after receipt of the objections,
recommendations and comments report from the Department pursuant to Section 163.3184(7)(a), F.S.
(4) Public hearings for adoption of plan amendments related to developments of regional impact or a proposed change to a
development of regional impact may not be held sooner than 30 days from receipt of the response from the Department pursuant to
Section 380.06(6)(b)5., F.S. The local government must consider adoption of a plan amendment related to developments of regional
impact and applications for developments of regional impacts at the same hearing, however, the local government must take action
separately on the application for development approval or the proposed change to the development of regional impact and on the
plan amendments.
(5) The local government shall submit, within ten working days after adoption, three copies of all comprehensive plan and plan
amendment materials, of which at least one copy shall be paper and up to two copies may be on CD ROM in Portable Document
Format (PDF), including graphic and textual materials and support documents directly to the Flarida Department of Community
Affairs, Division of Community Planning, Plan Processing Team and one copy directly to the appropriate agencies listed in
subsection 9J-11.009(6), F.A.C., and local governments or any other interested parties that have filed a written request with the
governing body for a copy of the plan or amendment. The local government must ensure that the review agencies' copy of the
adopted plan remains complete by also transmitting copies of each subsequently adopted plan amendment and related documents to
review agencies at the time of each adoption.
(a) The local government shall submit a transmittal letter signed by the chief elected official or the person designated by the
local government specifying the following:
1. The newspaper, meeting the size and circulation requirements of Section ]63.3184(15)(e), F.S., in which the Department
should publish the required Notice of Intent pursuant to Section 163.3184(8)(b), F.S.;
2. The adoption ordinance number(s) and adoption date of the plan or amendment package;
3. Certification that the adopted amendment, including data and analysis, has been sent to the appropriate agencies listed in
subsection 9J-11.009(6), F.A.C.;
4. If the plan amendment is unchanged and was not subject to review or objections, a statement requesting expedited publication
of notice of intent. The transmittal letter shall include the following language: The comprehensive plan amendment package was
adopted without revision from the proposed amendment package and no objections were raised by an affected party, the amendment
was not reviewed by the Department or if reviewed no objections were raised. Based upon these facts, we request expedited
publication of a Notice of Intent pursuant to Section 163.3184(8), F.S.
5. A summary of the package which shall include:
a. A listing of additional changes made in the adopted plan or amendment which were not previously reviewed by the
Department. This listing shall include the identification of the specific portions that were changed with reference to appropriate
pages. New text in the plan or amendment should be underlined and items deleted should be stricken through.
b. A listing of findings of the local governing body, if any, which were not included in the adoption ordinance and which
provided the basis of the adoption of a proposed plan or plan amendment or the determination not to adopt the proposed plan
amendment.
c. A statement indicating the relationship of the additional changes not previously reviewed by the Department to the objections,
recommendations and comments report.
106.201, F.A.C.
(b) If the Department determines that the petition filed by an affected person is sufficient, the Department shall forward the
petition to the Division of Administrative Hearings, Department of Management Services, within 15 days of the receipt of the
petition for further proceedings. A copy of the transmittal letter shall be sent to the petitioner, the local government, and any
identified owner of the property.
(c) Failure to file a timely petition within the 21 calendar days after the publication of the Notice of Intent pursuant to
subsection 9J-11.012(4), F.A.C., shall constitute a waiver of any right to request an administrative proceeding under Section 120.57,
F.S.
(d) If a petition is filed that does not substantially comply with the requirements of Rule 28-]06.201, F.A.C., the Department
shall issue an order dismissing the petition with leave to file an amended petition complying with the requirements of this rule within
I S days of service of the order. If an amended petition complying with this rule is not filed within I S days of service of the order, the
petitioner's right to a proceeding under Section 120.57, F.S., is waived.
(e) lf no petition complying with the requirements of this rule is filed, the Notice of Intent shail become final agency action.
(fl After the hearing pursuant to Section 163.3184(9), F.S., the administrative law judge shall mail the Recommended Order to
the Agency Clerk, Department of Community Affairs.
(g) Within ten days from the date of receipt of the Recommended Order by the Agency Clerk of the Department, parties to the
proceeding may file written Exceptions to the Recommended Order with the Agency Clerk of the Department, with service of copies
on all parties. Exceptions not filed with the Agency Clerk within the ten days shall be rejected. Exceptions shall state, with
particularity, the basis for asserting that the administrative law judge erred in making or omitting specific findings of fact,
conclusions of law, or a recommendation. Any party may serve a Response to Exceptions within ten (10) days of service of the
Exceptions. The Department shall issue a final order within 30 days after receipt of the Recommended Order by the Agency Clerk if
the Department determines that the plan or plan amendment is in compliance. If the Department determines that the plan or plan
amendment is not in compliance, the Department shall submit, within 30 days after receipt, the Recommended Order to the
Administration Commission for final agency action.
Specific Authority 163.3177(9) FS. Law Implemented 163.3177(9), 163.3184(8), (9), (10) FS. History-New 9-22-87, Amended 10-11-88, I1-10-93,
1 I-6-96, 7-21-97, 4-8-99, I-8-01, 11-24-02, 4-17-06.
9J-11.012 Compliance Review and Notice of Intent.
(1) Upon receipt of the adopted plan or amendment, the Department shall send a letter acknowledging receipt and requesting
any missing documentation. Upon receipt of the complete plan or amendment package pursuant to subsection 9J-ll.011(5), F.A.C.,
the Department shall review the plan or amendment to determine compliance and shall issue a Notice of Intent to find the plan or
amendment:
(a) In compliance within 20 calendar days after receipt of the complete adopted amendment, if the adopted transmittal letter
correctly states that the plan amendment is unchanged and was not subject of review or objections pursuant to Section
163.3184(7)(b), F.S.; or
(b) In compliance ar not in compliance within 45 calendar days after receipt of the complete adopted amendment, unless the
amendment is the result of a compliance agreement entered into pursuant to Section 163.3184(16), F.S., in which case the time
period for review and determination is 30 days. The review period shall run from the determination of completeness pursuant to
subsection 9J-11.012(1), F.A.C. If the Department did not, and was not, requested to review the proposed plan or plan amendment,
the Department's review must be based solely on the adopted plan or plan amendment.
(2) The Department will publish a Notice of Intent in a newspaper of general circulation in the local government's jurisdiction
from which the plan or element originates in the manner required by Section 1633184(8)(c), F.S., and will include but not be limited
to the following information:
(a) Name of local government;
(b) Identification of the comprehensive plan or plan amendment(s) to which the notice refers;
(c) Whether the plan or amendment is in compliance or not in compliance;
(d) Location where plan or plan amendments, together with the Department's comments, objections, and recommendations, are
available for public inspection; and
(e) Rights of affected person(s).
(3) A copy of the Notice of Intent will be mailed to the local government, the review agencies listed in subsection 9J-11.009(6),
F.A.C., and to persons who request a copy of the notice. Requests for a copy of a Notice of Intent shall be in writing and shall be
sent directly to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team and shall
specify the plan or amendment by the name of the local government and by ordinance number or other formal designation.
(4) The Notice of Intent shall be issued by the Director of the Division of Community Planning, Department of Community
Affairs or autharized designee.
(5) The Department may combine notices of intent to find plans or plan amendments for more than one local government in a
single advertisement.
(6) If a Notice of Intent is issued to find the adopted plan or amendment not in compliance, the Department will farward a copy
of the Notice of Intent to the Division of Administrative Hearings, Department of Management Services, requesting a hearing.
During the review period provided in subsection 9J-11.012(1), F.A.C., the Department shall issue a written Statement of Intent
describing how each portion of a comprehensive plan or plan amendment alleged to be not in compliance is not consistent with one
or more provisions of Section 1633177, F.S., when local government adopts an educational facilities element, Sections 1633178,
1633180, 163.3191, and 1633245, F.S., the state comprehensive plan, the appropriate strategic regional policy plan, or Chapter 9J-
5, F.A.C., and a statement of remedial actions that the local government may complete in order to bring the plan into compliance. A
copy of the Statement of Intent shall be mailed to the local government and to persons who requested a copy of the Notice of Intent.
The Department shall file a petition requesting an administrative hearing and relief with the Division of Administrative Hearings.
The petition shall incorporate the issues contained in the Statement of lntent, and the Statement of Intent and the Notice of Intent
shall be filed with the petition. The administrative law judge shall submit the recommended order to the Administration Commission
for final agency action.
(7) If a Notice of Intent is issued to find the adopted plan or amendment in compliance, any affected person, within 21 calendar
days after the publication of notice pursuant to subsection 9J-11.012(4), F.A.C., may file a petition challenging the determination of
compliance with the Department pursuant to Section 120.57, F.S. Subsequent to the Notice of Intent and after the matter has been
forwarded to the Division of Administrative Hearings pursuant to subsection 163.3184(8) or (10), F.S., the local government
proposing the amendment, or any party to the proceeding may demand informal mediation or expeditious resolution of the
amendment proceeding by serving written notice on all parties to the proceeding and the assigned administrative law judge.
(a) The petition shall be filed with the Agency Clerk, Department of Community Affairs pursuant to the provisions of Rule 28-
9J-11.0131 Local Government Adoption of Comprehensive Plan Compliance Agreement Amendment(s) and Transmittal
to the Department.
(]) Compliance agreement plan amendment(s) are exempt from the requirements of Rules 9J-11.006 through 9J-11.010, F.A.C.
(2) The local government shall hold a single adoption public hearing pursuant to the following requirements:
(a) The public hearing shall be held on a weekday approximately five days after the public hearing advertisement.
(b) The public hearing advertisement shall state the date, time, place of the meeting the subject of the meeting, and the place or
places within the boundaries of the local government where the compliance agreement plan amendment(s) may be inspected by the
public. The advertisement shall also advise that interested parties may appear at the meeting to be heard regarding the adoption of
the compliance agreement plan amendment.
(c) The public hearing advertisement shall be published in a newspaper of general circulation in the local government
jurisdiction. The advertisement shall meet the requirements of Section 163.3184(15)(e), F.S.
(3) Within ten warking days after the local government has adopted the compliance agreement plan amendment(s), the local
government shall submit to the Department a complete compliance agreement plan amendment(s) package consisting of a
transmittal cover letter signed by the chief elected official indicating compliance with paragraphs 9J-11.0131(2)(a), (b) and (c),
F.A.C., the executed ordinance(s) adopting the compliance agreement plan amendment(s) and three copies of the compliance
agreement plan amendment(s), of which at least one copy shall be paper and up to two copies may be on CD ROM in Portable
Document Format (PDF). This material shall be sent directly to the Florida Department of Community Affairs, Division of
Community Planning, Plan Processing Team. The local government shall also submit one copy of the adopted compliance
agreement plan amendment(s) to the appropriate regional planning councils, local governments or government agency in the state
that has filed a written request and intervenars as indicated in Section 163.3184(16)(d), F.S.
Specific Authority 163.3177(9) FS. Law Implemented 163.3184(16)(d) FS. History-New 11-10-93, Amended 11-6-96, 4-8-99, ll-24-02,~4-17-06.
9J-11A15 Submittal Requirements for Adopted Amendments that Are Exempt from State and Regional Review.
(l) The local government shall submit, within ten working days after adoption, one copy of all plan amendment materials,
which may be on CD ROM in Portable Document Format (PDF), or on paper, including graphic and textual materials and support
documents directly to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team.
(a) The chief elected official or designee shall sign a letter transmitting the adopted amendment to the Deparhnent. The
transmittal letter shall specify the following:
1. Whether the adopted amendment is exempt from State and Regional Review, and the facts and circumstances that cause the
amendment to be considered as one of the following:
a. A map amendment directly related to proposed small scale development activities that meet the criteria of Section
163.3187(1)(c), F.S.;
b. A map amendment solely to property within an urban service boundary which meets the criteria of Section 163.3184(17),
F.S.;
c. A map amendment solely to property within a designated urban infill and redevelopment area pursuant to Section
163.3184(18), F.S.; and
d. A plan amendment within an area certified pursuant to Section 163.3246, F.S.
2. The date the adoption public hearing was held;
3. The name, title, address, telephone number, facsimile number, and e-mail address, if any, of the person for the local
government who is familiar with the adopted amendment(s) and is responsible for ensuring that the materials transmitted are
complete.
4. For small scale development amendments adopted pursuant to Section 163.3187(1)(c), F.S., include the following
information:
a. The number of acres for the submitted amendment and the cumulative total number of acres for small scale development
amendments for the calendar year that the local government has approved;
b. Whether the amendment involves the same property that was granted another change within the prior 12 months;
c. Whether the amendment involves the same owner's property within 200 feet that was granted a change with the prior l2
months;
d. Whether the proposed amendment involves a text change;
e. Whether the amendment is within an area of critical state concern; and
£ The residential land use density befare and after the adopted change.
(b) The adopted amendment package shall include:
1. One copy of the future land use map depicting the newly adopted land use designation and the boundaries and location of the
subject property in relationship to the surrounding street and thoroughfare network;
2. A copy of the executed ordinance(s) adopting the amendment that has been signed by the chief elected official;
3. A copy of the public hearing notice;
4. if amendment is a small scale development amendment within a rural area of critical economic concern and adopted pursuant
to Section 163.3187(1)(c)4., F.S., a copy of the letter to Office of Tourism, Trade, and Economic Development certifying and
explaining how the plan amendment meets the objectives of the executive order issued under Section 288.0656(7), F.S.;
5. A completed copy of Form RPM-BSP-Exempt Review, effective 4-17-06, incorporated by reference with the amendment.
Copies of Form RPM-BSP-Exempt Review may be obtained from the Department of Community Affairs, Division of Community
Pianning, Plan Processing Team and from the Department's web site.
(2) The local governing body shall transmit a copy of the adopted amendment to the appropriate regional planning council, the
Office of Tourism, Trade, and Economic Development (if the amendment is related to an area of rural critical economic concern
pursuant to Section 163.3187(1)(c)4., F.S.) and other local government or governmental agencies in the state that have filed a written
request with the governing body for a copy of the adopted amendment concurrently with the transmittal to the Department.
Specific Authority 163.3177(9) FS. Law Implemented 163.3184(17), (18), 163.3187, 163.3246(9)(a) FS. History-New 11-10-93, Amended 11-6-96,
4-8-99, 6-30-05, 4-17-06.
review shall not be a compliance review, but shall be a determination that:
1. The report was adopted and submitted timely; and
2. The adopted report addresses all the requisite provisions of Section 1633191, F.S., and this rule.
(b) Upon completion of its sufficiency review, the Department will notify in writing the local governing body of its sufficiency
determination.
(5) SUBMITTAL REQUIREMENTS FOR PROPOSED AND ADOPTED EVALUATION AND APPRAISAL REPORT-
BASED AMENDMENTS. The local government shall proceed with adoption of plan amendments necessary to implement the
recommendations in the evaluation and appraisal report once the Department has determined that the adopted report sufficiently
addresses the requisite provisions of Section 163.3191, F.S., and this rule.
(a) The amendments to implement the evaluation and appraisal report recommendations shall be adopted during a single
amendment cycle pursuant to Section 1633191(10), F.S., within 18 months after the report is determined to be sufficient by the
Department, unless a six-month extension is requested in writing by the local government. The extension request will be granted if
the request demonstrates why the local government is unable to meet the ariginal 18 month adoption time frame. Upon request an
additional six month extension will be granted if the local government demonstrates that the additional extension will result in
greater coordination between transportation and land use for the purposes of improving Florida's transportation system.
(b) All evaluation and appraisai report-based plan amendments shall be submitted in accordance with the procedures contained
in Sections 163.3184, 1633187, and 163.3189, F.S., and Rules 9J-11.006 and 9J-11.01 l, F.A.C., and shall be subject to compliance
review as that term is defined in Secrion 163.3184(1)(b), F.S.
(6) SUBMITTAL OF COMPLETE UPDATED PLAN. The local government shall submit a complete copy of the updated
comprehensive plan, which may be on CD ROM in Portable Document Format (PDF), or on paper, within 6 months after the
effective date of the evaluation and appraisal report-based amendments.
Specific Authority 1633177(9), 1633191(10), (12) FS. Law Implemented 163.3187(6), 163.3191 FS. History-New I1-6-96, Amended 4-8-99, I1-
24-02, 4-17-06.
9J-11.018 Evaluation and Appraisal Reports and Evaluation and Appraisal Report-Based Amendments.
(1) PURPOSE AND 1NTENT. The procedures and criteria in this section shall guide the preparation, transmittal, adoption and
sufficiency review of local government comprehensive plan evaluation and appraisal reports and evaluation and appraisal report-
based plan amendments submitted pursuant to Sections 163.3191, 1633184(5), F.S., and Chapters 9J-5 and 9J-33, F.A.C.
(2) TRANSMITTAL REQUIREMENTS FOR PROPOSED EVALUATION AND APPRAISAL REPORT.
(a) If local government elects to submit a proposed Evaluation and Appraisal Report 90 days priar to the evaluation and
appraisal report schedule, the local planning agency shall prepare and transmit a proposed evaluation and appraisal report to the local
governing body for review and contemporaneously send a copy to the Deparhnent, which may be on CD ROM in Portable
Document Format (PDF) or on paper, and each review agency as listed under subsection 9J-11.009(6), F.A.C. The local planning
agency shall submit a transmittal letter which specifies the date or dates on which the local planning agency held the public hearing
and the date that the proposed evaluation and appraisal report was transmitted to each review agency as listed under subsection 9J-
11.009(6), F.A.C. At a minimum, the format and content of the proposed report will include a table of contents; numbered pages;
element headings; section headings within elements; a list of included tables, maps and figures; titles and soarces for all included
tables, maps and figures; where applicable, maps shall include major natural and man-made geographic features, city, county and
state lines; maps shall contain a legend indicating a north arrow, map scale and date; a preparation date; and the name of the
preparer.
.(b) The proposed evaluation and appraisal report will assess and evaluate the success or failure of the local government's
adopted comprehensive plan, including the validity of the projections, the realization of the goals and objectives, and
implementation of the plan's policies. The proposed evaluation and appraisal report shall also address changes in local conditions;
the effect on the comprehensive plan of changes to: the state comprehensive plan, Chapter 163, Part II, F.S., Chapter 9J-5, F.A.C.,
and the appropriate strategic regional policy plan; suggest changes needed to update the comprehensive plan, elements, or portions
thereof; suggest reformulated ar additional goals, objectives, policies, maps, schedules, and procedures; and otherwise address the
requirements specified in Section 163.3191, F.S., and this rule.
(c) The local planning agency shall prepare its proposed report in conformity with the public participation procedures that were
adopted by the local planning agency in accordance with the public participation requirements of Section 163.3181, F.S.
(d) The appropriate reviewing agencies as listed under subsection 9J-11.009(6), F.A.C., must provide written comments to the
Department and the local government within 30 days after receipt of the proposed report pursuant to Section 1633191(5), F.S.
(e) Within 30 days of receipt of a complete proposed evaluation and appraisal report the Department shall review the proposed
report and submit comments to the local government.
(3) SUBMITTAL REQUIREMENTS FOR ADOPTED EVALUATION AND APPRAISAL REPORT.
(a) Within 90 days after receiving the proposed evaluation and appraisal report from the local planning agency, the local
governing body shall adopt, or adopt with changes, the proposed evaluation and appraisal report. Within ten working days of
adoption of the report, the local governing body shall submit three copies of the adopted report, of which at least one copy shall be
paper and up to two copies may be on CD ROM in Portable Document Format (PDF), to the Department. If a proposed report was
provided, the local government shall provide a copy of the report to the reviewing agencies which provided comments for the
proposed report to the local government. If a proposed report was not provided pursuant to Section 163.3191(5), F.S., the local
government shall provide a copy of the report to all reviewing agencies as listed under subsection 9J-11.009(6), F.A.C., including
adjacent local governments.
(b) The adopted evaluation and appraisal report will address the requirements of paragraph 9J-11.018(2)(b), F.A.C., and shall
include a schedule for adoption of evaluation and appraisal report-based amendments.
(c) The local governing body shall adopt, or adopt with changes, the evaluation and appraisal report in conformity with the
public participation procedures in accordance with the public participation requirements of Section 163.3181, F.S.
(d) All evaluation and appraisal report materials, including graphic and textual materials, maps, support documents including
data and analysis, including a submittal letter from the designee of the local governing body stating the dates on which the local
government held the requisite public hearings, and a copy of the adoption ordinance of resolution shall be submitted directly to:
Florida Department of Community Affairs Division of Community Planning, Plan Processing Team-EAR REVIEW.
(4) CRITERIA FOR DETERMINING SUFFICIENCY OF ADOPTED EVALUATION AND APPRAISAL REPORTS.
(a) Within 60 days of receipt of a complete adopted evaluation and appraisal report, the Department shall review the adopted
report for preliminary sufficiency. A final sufficiency determination shall be completed within 90 days of receipt. A sufficiency
9J-11.019 Action to Require Local Government to Submit Land Development Regulations for Review.
(1) The Department shall require a local government to submit one or more land development regulations for review if it has
reasonable grounds to believe that the local government has completely failed to adopt one or more of the regulations required by
Section 1633202, F.S.
(2) The Department shall consider that reasonable grounds exist only if the Chief, Bureau of Local Planning, Department of
Community Affairs, Division of Community Planning, has received a letter stating facts which show that the local government has
completely failed to adopt one or more of the regulations required by Section 163.3202(2), F.S., within one year after submission of
its revised comprehensive plan for review pursuant to Section 1633167(2), F.S., ar if the Department has received a letter stating
facts which show that the local government has totally failed to adopt one or more of the regulations required by Section 163.3202,
F.S. The letter shall include the name, address, telephone number and signature of the sender and shall provide any relevant
background documentation and specific reasons for the assertion that the required regulations have not been adopted.
(3) If the Department has reasonable grounds to believe that a local government has completely failed to adopt one or more of
the land development regulations required by Section 163.3202, F.S., the Department shall mail a certified letter, return receipt
requested, to the chief local elected official requiring the local government to transmit two copies of whatever land development
regulations have been adopted, including regulations of other agencies if incorporated into the local government's development
approval system, to the Chief, Bureau of Local Planning, Department of Community Affairs, Division of Community Planning and
Management, within 30 calendar days from receipt of the letter from the Department. The land development regulations submitted
must include copies of any separate adopting or enabling legislation. All copies of regulations and legislation must be certified as
true and correct copies of the originals by the city or county clerk.
(4) If the local government has not adopted the required land development regulations, it shall send a letter to the Chief, Bureau
of Local Planning, Department of Community Affairs, Division of Community Planning and Management, within 30 calendar days
from receipt of the letter from the Department indicating that the regulations have not been adopted. The letter shall state what
actions the local government has already taken to develop and adopt the required regulations and shall include a schedule approved
by formal action of the local governing body for adoption of the regulations. The schedule must provide for the adoption of the
required regulations within 120 calendar days from receipt of the Department's initial letter requesting copies of the regulations
unless the Department agrees to refrain from taking further action for an additional period of time during the 120 day period. If the
local government requests that the Department refrain from taking further action, the Department will respond to that request within
14 calendar days of receipt of the request. The Department shall not agree to refrain from taking further action for an additional
period of time unless there is substantial evidence that the local government is unable to adopt the regulations within the 120 day
period.
(5) If the local government does not provide to the Deparhnent copies of the land development regulations in question or a letter
and approved schedule stating the local government will adopt the regulations within the 120 days agreed to by the Department, the
Department will institute an action in circuit court to require submission or adoption of these regulations, if they have not been
adopted. The Department will also institute such an action if the local government fails to adopt the regulations in accordance with
the schedule it provides to the Department.
Specific Authority 163.3202(5) FS. Law Implernertted 163.3202 FS. History-New 11-6-96, Amended 4-8-99, 11-24-02.
9J-11.020 Action to Review Land Development Regulations.
(1) The Department shall have 30 calendar days from receipt of the local government's land development regulations to
determine whether the local government has completely failed to adopt the regulations required by Section 163.3202, F.S. The
Department shall consult with appropriate local government officials during this period to assure that the local government has
opportunities to discuss any of the regulations in question.
(2) The Department shall review the submitted regulations to determine whether the regulations that are reyuired by Section
163.3202(2), F.S., have been adopted. The review shall be for the sole purpose of determining whether or not the required
regulations have been adopted, and shall not address the consistency of the regulations with the plan.
(3) The Department shall review regulations of any other agency utilized as an integral part of the development approval
process and incorporated into the single land development code.
(4) If the Department determines that the local government has adopted all of the required regulations, the Department will
notify the chief local elected official and initiating party in writing within 30 calendar days of the Department's receipt of the
regulations from the local government.
Specific Authoriry 163.3202(S) FS. Law Implemented 163.3202 FS. History-New 11-6-96, Amended 4-8-99, 11-24-02, 6-30-05.
9J-ll.021 Action if Local Government Has Failed to Adopt the Required Land Development Regulations.
(1) If the Department determines that the local government has completely failed to adopt one or more of the land development
regulations required by Section 1633202, F.S., the Department will notify the chief local elected official and initiating party in
writing within 30 calendar days of receipt of the regulations for review from the local government. The letter to the local
government shall be certified, return receipt requested.
(2) In its notification letter, the Department will specify which of the required regulations have not been adopted and the
justification for the Department's determination.
(3) The local government shall have 90 calendar days from receipt of the Department's notification letter to adopt the required
regulations, unless the Department agrees to refrain from taking further action for an additional period of time during the 90 day
period. If the local government requests that the Department agree to refrain from taking further action for an additional period of
time, the Department will respond to that request within 14 calendar days of receipt of the request. Every request that the
Department refrain from taking further action must include a schedule approved by formal action of the local government that
provides for the adoption of the required regulations during the extension period. The Department shall not agree to refrain from
taking further action for an additional period of time unless there is substantial evidence that the local government is unable to adopt
the regulations within the 90 day period. Upon adoption, the local government shall submit two copies of the required regulations,
including copies of any separate adopting or enabling legislation, to the Chief, Bureau of Local Planning, Department of Community
Affairs, Division of Community Planning. All copies of regulations and legislation must be certified as true and correct copies of the
originals by the city or county clerk.
(4) The Department shall review these resubmitted regulations within 30 calendar days of receipt, according to the procedures
and criteria in Rule 9J-11.020, F.A.C.
(5) If, after the regulations are resubmitted, the Department determines that the local government has completely failed to adopt
any one or more of the required regulations, the Department will institute an action in circuit court to require adoption of these
regulations.
(6) If the Department does not receive the regulations pursuant to subsection 9J-l 1.021(3), F.A.C., within 90 calendar days it
will institute an action in circuit court to require adoption of the required regulations.
Specific Authoriry 163.3202(S) FS. Law Implemented 163.3202 FS. History-New 11-6-96, Amended 4-8-99.
school construction available pursuant to Sections 235.187, 235.216, 235.2195 and 235.42, F.S.
Specific Authoriry 163.31777 FS. Law Implemented 163.31777 FS. History-New ] 1-24-02, Amended 4-17-06.
9J-11.022 Submittal Requirements for Public Schools lnterlocal Agreement and Amended Agreements.
(1) PURPOSE AND INTENT. This section shall guide the preparation, transmittal, adoption and consistency review of public
schools interlocal agreement submitted pursuant to Section 16331777, F.S.
(2) SUBMITTAL REQUIREMENTS FOR PUBLIC SCHOOLS INTERLOCAL AGREEMENT AND AMENDED
AGREEMENTS.
(a) The county and municipalities located within the geographic area of a school district must submit the interlocal agreement
required by Section 163.31777, F.S., in accordance with the submission schedule published by the state planning agency. A draft
proposed interlocal agreement may be submitted to the Department for informal review.
(b) The local government shall submit three copies, of which at least one copy shall be paper and up to two copies may be on
CD ROM in Portable Document Format (PDF), of the executed interlocal agreement or amended agreement to the Department, one
copy to the Office of Educational Facilities and SMART Schools Clearinghouse.
(c) For each executed interlocal agreement or amended agreement submittal package, the local governing body shall submit:
1. A transmittal letter from the local government or its designee which shall specify the following:
a. The date the interlocal agreement or amended agreement was executed;
b. The parties executing the agreement;
c. A summary of any waivers which have been granted by the Department pursuant to Section 163.31777(1)(c), F.S.;
d. Certification that the interlocal agreement or amended agreement has been sent to the Office of Educational Facilities and
SMART Schools Clearinghouse;
e. The name, title, address, telephone number, facsimile number, and e-mail address, if any, of the local government official or
authorized agent who is familiar with the interlocal agreement or amended ageement and is responsible for ensuring that the
materials transmitted are complete.
2. A copy of the executed interlocal agreement or amended agreement.
(d) Amendments to the public schools interlocal agreements shall be submitted pursuant to this section, and shall be transmitted
to the Department within 30 days of the amended agreement's execution date.
(3) ACTION UPON NON-RECEIPT OF PUBLIC SCHOOL INTERLOCAL AGREEMENT OR AMENDED AGREEMENT.
If the local government's executed interlocal agreement is not timely submitted to the Department for review, the Department shall,
within 15 working days after the deadline for submittal, issue to the local government and the district school board a Notice to Show
Cause why sanctions should not be imposed for failure to submit an executed interlocal agreement by the deadline established by the
Department.
(4) ACT10N UPON RECEIPT OF PUBLIC SCHOOLS INTERLOCAL AGREEMENT OR AMENDED AGREEMENT.
(a) The Department shall review the material submitted to ensure that all the applicable materials are included in the submittal
package submitted for review. The Department will send a notification to the local government upon submission of a complete
submittal.
(b) If the interlocal agreement or amended agreement submittal package does not include the required information listed in
subsection 9J-11.022(2), F.A.C., the Department will immediately notify the local government of the deficient items.
(c) The Office of Educational Facilities and SMART Schools Clearinghouse shall submit any comments or concerns regarding
the executed interlocal agreement or amended agreement to the Department within 30 days after receipt of the executed interlocal
agreement or amended agreement.
(d) The Department shall review the executed interlocal agreement or amended agreement to determine whether it is consistent
with the requirements of Section 163.31777(2), F.S., the adopted local government comprehensive plan and other requirements of
law. Within 60 days after receipt, the Department shall publish a notice of intent in the Florida Administrative Weekly and shall post
a copy of the notice on the Department's internet site stating whether the interlocal agreement or amended agreement is consistent or
inconsistent.
(e) An affected person, as defined in Section 163.3184(1)(a), F.S., has standing to initiate an administrative proceeding
challenging the Department's notice.
( fl If the Department enters a final order finding that the executed interlocal agreement or amended agreement is inconsistent
with the requirements of Section 163.31777(2), F.S., the Department shall forward it to the Administration Commission, which may
impose sanctions against the local government pursuant to Section 163.3184(11), F.S., and may impose sanctions against the district
school board by directing the Department of Education to withhold from the district school board an equivalent amount of funds for
~
1~~
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a betfer place to call home"
JEB BUSH THADDEUS L. COHEN, AIA
Govemor Seaefary
August 5, 2005
Dear Local Govemment Official:
On June 24, 2005, Govemor Bush signed Senate Bi11360 which introduced a number of
significant reforms to Florida's growth management law. Chief among these changes was a new
requirement that local govemments and school boards adopt a school concurrency.program by
December 1, 2008. Govemor Bush strongly believes that schools, roads, and water supply must
keep pace with growth. To create and sustain a healthy and economically viable community, it is
essential that these components of the in&astructure be planned for and available at the time of
the impacts of development. The new law requires that school boazds and local governments
update existing public schools interlocal agreements, establish level of service standards to
define school capacity, and adopt a public school facilities element into the comprehensive plan
to implement a school concurrency program. The school concurrency pro~am must ensure that
adequate school capacity to support new development either exists or will be in place or under
actual construction within three years after the issuance of final subdivision or site plan approval,
or the functional equivalent.
The law directs the Department of Community Affairs to establish a phased schedule for
adoption of the public school facilities element and the required updates to the public schools
interlocal agreement. All elements must be adopted and interlocal agrccments updated no later
than December 1, 2008. The schedule is enclosed. It has also been published in the August 5,
2005, edition of the Florida Administrative ~3'eekly and is posted on the Department's web site at
http•//www dca state fl us/fdc~/dcp/SchoolPlannin~index.cfm.
The Departments of Community Affairs and Education are planning a number of
initiatives to assist school boazds and local governments in compl3~ing with the new law. One of.
these initiatives is an incentive program for the early completion of the update to the public
schools interlocal ageement. The Department of Community Affairs (DCA) has up to $750,000
available to divide among those counties that are willing to complete the update to the interlocal
agreement by September 1, 2006. As with the first round of public schools interlocal
agreements, DCA will contract with one lead agency per county. The lead agency can be the
county, school board, city, or the regional planning council. The lead agency will be responsible
for coordinating the efforts of the local govemments and school boazd to update the agreement
and have it executed. The final executed agreement will be due by September 1, 2006. Using a
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
internet address: htto•Ilwww dca.state.il.us
IIIII~I~TII~~~III~IIWFtELDOFFlCE C'IMMUNTIIIII IIIIIIII~ IIII IIIIIIIIIIIII~IIIIiINI~I, ~~ ~~rtn~0a Bou~evxd LOPMI
Local Government Official
August 5, 2005 _
Page Two
formula which provides a base amount for each county and an adjustrnent for the number of
municipalities and students, Attachment 1 shows how much money is available per county if
there is 100% participation. This is the minimum amount your county can expect if every county
participates. If there is less than 100% participation, the amount available for each county may
increase.
The funding contracts between DCA and lead local agencies must be executed no later
than December 31, 2005. In order to determine the actual amount that will be available per
county, we need to heaz of your interest no later than September 15, 2005. You should
coordinate with the other local govemments in your county and the school board to determine
whether there is a general willingness within your community to complete this part of the school
concurrency requirement early. If so, a lead local agency should be selected and it should notify
DCA in writing af your community's interest. Unless exempt under the law, all local
governments and the school board must be willing to work together to achieve an updated,
executed agreement. Once we know of the number of communities interested in participating,
~ve will calculate the final amount for each community and include that in a contract, which will
be mailed ta the lead agency. Please direct your letters of interest to Mike McDaniel, Regionai
Planning Administrator, Department of Community Affairs, Division of Community Planning,
2555 Shumard Oak Boulevard, Tallahassee, Florida, 32399-2100. If you have questions about
this program, please contact either Mike McDaniel (850-922-1806; email
mike.mcdanielnu,dca.state.fl.us) or Susan Poplin (850-922-1821; email
susan.poulin(~a,dca.state.fl.us).
Education continues to be one of Govemor Bush's top priorities. School concurrency is a
critical mechanism to more closely link houses and classrooms. We look forward to working
with you to ensure it is a success.
Sincerely,
~~~;~
Thaddeus L. Cohen, AIA
Secretary
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