Bill Text: FL S1512 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Growth Management
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1512 Detail]
Download: Florida-2011-S1512-Introduced.html
Bill Title: Growth Management
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1512 Detail]
Download: Florida-2011-S1512-Introduced.html
Florida Senate - 2011 SB 1512 By Senator Bennett 21-01052-11 20111512__ 1 A bill to be entitled 2 An act relating to growth management; amending s. 3 163.3164, F.S; defining the terms “mobility plan” and 4 “transit-oriented development”; amending s. 163.3177, 5 F.S.; requiring that certain local governments update 6 the future land use plan element by a specified date 7 and address the compatibility of lands adjacent or 8 proximate to a military installation or airport; 9 providing that the amount of land required to 10 accommodate anticipated growth in local comprehensive 11 plans may not be limited solely by projected 12 population; specifying a formula to be used in 13 projecting population growth; requiring each county 14 and municipality to enter into an interlocal agreement 15 by a specified date which allocates the projected 16 population among local jurisdictions; providing that 17 local governments that fail to agree on the population 18 allocation forfeit certain revenue-sharing funds; 19 amending s. 163.3180, F.S.; specifying how to 20 calculate the proportionate-share contribution for a 21 transportation facility; defining the terms 22 “construction cost” and “transportation deficiency” 23 for purposes of determining the proportionate-share 24 contribution; delaying the date by which local 25 governments are required to adopt a methodology for 26 assessing proportionate fair-share mitigation options; 27 amending s. 163.3182, F.S.; revising provisions to 28 substitute terminology relating to “transportation 29 deficiencies” for “backlogs”; specifying schedule 30 requirements for mass transit projects; amending s. 31 380.06, F.S.; exempting certain transit-oriented 32 developments from transportation impact review; 33 amending ss. 163.3162, 163.32465, 186.513, 186.515, 34 287.042, 288.975, 369.303, 420.5095, 420.9071, and 35 420.9076, F.S.; conforming cross-references; providing 36 an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 163.3164, Florida Statutes, is reordered 41 and amended to read: 42 163.3164 Local Government Comprehensive Planning and Land 43 Development Regulation Act; definitions.—As used in this part 44act: 45 (1) “Administration Commission” means the Governor and the 46 Cabinet, and for purposes of this chapter the commission shall 47 act on a simple majority vote, except that for purposes of 48 imposing the sanctions provided in s. 163.3184(11), affirmative 49 action requiresshall requirethe approval of the Governor and 50 at least three other members of the commission. 51 (3)(2)“Area” or “area of jurisdiction” means the total 52 area qualifying under the provisions of this partact, whether 53 this isbeall of the lands lying within the limits of an 54 incorporated municipality, lands in and adjacent to incorporated 55 municipalities, all unincorporated lands within a county, or 56 areas comprising combinations of the lands in incorporated 57 municipalities and unincorporated areas of counties. 58 (4)(3)“Coastal area” means the 35 coastal counties and all 59 coastal municipalities within their boundaries designated as 60 coastal by the state land planning agency. 61 (5)(4)“Comprehensive plan” means a plan that meets the 62 requirements of ss. 163.3177 and 163.3178. 63 (7)(5)“Developer” means any person, including a 64 governmental agency, undertaking any developmentas defined in65this act. 66 (8)(6)“Development” has the same meaning asgiven itin s. 67 380.04. 68 (9)(7)“Development order” means any order granting, 69 denying, or granting with conditions an application for a 70 development permit. 71 (10)(8)“Development permit” includes any building permit, 72 zoning permit, subdivision approval, rezoning, certification, 73 special exception, variance, or any other official action of 74 local government that hashavingthe effect of permitting the 75 development of land. 76 (13)(9)“Governing body” means the board of county 77 commissioners of a county, the commission or council of an 78 incorporated municipality, or any other chief governing body of 79 a unit of local government, however designated, or the 80 combination of such bodies where joint utilization of the 81 provisions of this partactis accomplished as provided herein. 82 (14)(10)“Governmental agency” means: 83 (a) The United States or any department, commission, 84 agency, or other instrumentality thereof. 85 (b) This state or any department, commission, agency, or 86 other instrumentality thereof. 87 (c) Any local government,as defined in this section,or 88 any department, commission, agency, or other instrumentality 89 thereof. 90 (d) Any school board or other special district, authority, 91 or governmental entity. 92 (15)(11)“Land” means the earth, water, and air, above, 93 below, or on the surface, and includes any improvements or 94 structures customarily regarded as land. 95 (18)(12)“Land use” means the development that has occurred 96 on the land, the development that is proposed by a developer on 97 the land, or the use that is permitted or permissible on the 98 land under an adopted comprehensive plan or element or portion 99 thereof, land development regulations, or a land development 100 code, as the context may indicate. 101 (19)(13)“Local government” means any county or 102 municipality. 103 (20)(14)“Local planning agency” means the agency 104 designated to prepare the comprehensive plan or plan amendments 105 required by this partact. 106 (21) “Mobility plan” means an integrated land use and 107 transportation plan that promotes compact, mixed-use, and 108 interconnected development served by a multimodal transportation 109 system that includes roads, bicycle, and pedestrian facilities 110 and, where feasible and appropriate, frequent transit and rail 111 service in order to provide individuals with viable 112 transportation options and to not have to rely solely on a motor 113 vehicle for personal mobility. 114 (22)(15)A“Newspaper of general circulation” means a 115 newspaper published at least on a weekly basis and printed in 116 the language most commonly spoken in the area within which it 117 circulates. The term, butdoes not include a newspaper intended 118 primarily for members of a particular professional or 119 occupational group, a newspaper whose primary function is to 120 carry legal notices, or a newspaper that is given away primarily 121 to distribute advertising. 122 (24)(16)“Parcel of land” means any quantity of land 123 capable of being described with such definiteness that its 124 locations and boundaries may be established, which is designated 125 by its owner or developer as land to be used, or developed as, a 126 unit or which has been used or developed as a unit. 127 (25)(17)“Person” means an individual, corporation, 128 governmental agency, business trust, estate, trust, partnership, 129 association, two or more persons having a joint or common 130 interest, or any other legal entity. 131 (28)(18)“Public notice” means notice as required by s. 132 125.66(2) for a county or by s. 166.041(3)(a) for a 133 municipality. The public notice procedures required underin134 this part are established as minimum public notice procedures. 135 (29)(19)“Regional planning agency” means the agency 136 designated by the state land planning agency to exercise 137 responsibilities under law in a particular region of the state. 138 (30)(20)“State land planning agency” means the Department 139 of Community Affairs. 140 (31)(21)“Structure” has the same meaning as ingiven it by141 s. 380.031(19). 142 (16)(22)“Land development regulation commission” means a 143 commission designated by a local government to develop and 144 recommend,to the local governing body,land development 145 regulations thatwhichimplement the adopted comprehensive plan, 146 and to review land development regulations, or amendments 147 thereto, for consistency with the adopted plan and report to the 148 governing body regarding its findings. The responsibilities of 149 suchthe land development regulationcommission may be performed 150 by the local planning agency. 151 (17)(23)“Land development regulations” means ordinances 152 enacted by governing bodies for the regulation of any aspect of 153 development and includes any local government zoning, rezoning, 154 subdivision, building construction, or sign regulations or any 155 other regulations controlling the development of land, except 156 that this definition doesshallnot apply in s. 163.3213. 157 (27)(24)“Public facilities” means major capital 158 improvements, including, but not limited to, transportation, 159 sanitary sewer, solid waste, drainage, potable water, 160 educational, parks and recreational, and health systems and 161 facilities, and spoil disposal sites for maintenance dredging 162 located in the intracoastal waterways, except for spoil disposal 163 sites owned or used by ports listed in s. 403.021(9)(b). 164 (11)(25)“Downtown revitalization” means the physical and 165 economic renewal of a central business district of a community 166 as designated by local government, and includes both downtown 167 development and redevelopment. 168 (35)(26)“Urban redevelopment” means demolition and 169 reconstruction or substantial renovation of existing buildings 170 or infrastructure within urban infill areas, existing urban 171 service areas, or community redevelopment areas created pursuant 172 to part III. 173 (34)(27)“Urban infill” means the development of vacant 174 parcels in otherwise built-up areas where public facilities such 175 as sewer systems, roads, schools, and recreation areas are 176 already in place and the average residential density is at least 177 five dwelling units per acre, the average nonresidential 178 intensity is at least a floor area ratio of 1.0 and vacant, 179 developable land does not constitute more than 10 percent of the 180 area. 181 (26)(28)“Projects that promote public transportation” 182 means projects that directly affect the provisions of public 183 transit, including transit terminals, transit lines and routes, 184 separate lanes for the exclusive use of public transit services, 185 transit stops (shelters and stations), office buildings or 186 projects that include fixed-rail or transit terminals as part of 187 the building, and projects thatwhichare transit oriented and 188 designed to complement reasonably proximate planned or existing 189 public facilities. 190 (36)(29)“Urban service area” means built-up areas where 191 public facilities and services, including, but not limited to, 192 central water and sewer capacity and roads, are already in place 193 or are committed in the first 3 years of the capital improvement 194 schedule.In addition,For counties that qualify as dense urban 195 land areas under subsection (6)(34), the nonrural area of a 196 county which has adopted into the county charter a rural area 197 designation or areas identified in the comprehensive plan as 198 urban service areas or urban growth boundaries on or before July 199 1, 2009, are also urban service areasunder this definition. 200 (32) “Transit-oriented development” means projects in areas 201 identified in a local government comprehensive plan which are 202 served by existing or planned transit service as delineated in 203 the plan’s capital improvements element. These areas must be 204 compact, have moderate to high density developments, be of 205 mixed-use character, interconnected, bicycle and pedestrian 206 friendly, and designed to support frequent transit service 207 operating through, collectively or separately, rail, fixed 208 guideway, streetcar, or bus systems on dedicated facilities or 209 available roadway connections. 210 (33)(30)“Transportation corridor management” means the 211 coordination of the planning of designated future transportation 212 corridors with land use planning within and adjacent to the 213 corridor to promote orderly growth, to meet the concurrency 214 requirements of this chapter, and to maintain the integrity of 215 the corridor for transportation purposes. 216 (23)(31)“Optional sector plan” means an optional process 217 authorized by s. 163.3245 in which one or more local governments 218 by agreement with the state land planning agency are allowed to 219 address development-of-regional-impact issues within certain 220 designated geographic areas identified in the local 221 comprehensive plan as a means of fostering innovative planning 222 and development strategies in s. 163.3177(11)(a) and (b), 223 furthering the purposes of this part and part I of chapter 380, 224 reducing overlapping data and analysis requirements, protecting 225 regionally significant resources and facilities, and addressing 226 extrajurisdictional impacts. 227 (12)(32)“Financial feasibility” means that sufficient 228 revenues are currently available or will be available from 229 committed funding sources for the first 3 years, or will be 230 available from committed or planned funding sources of a local 231 government for years 4 through 10 of a 10-yearand 5, of a 5232yearcapital improvement schedule for financing capital 233 improvements, such as ad valorem taxes, bonds, state and federal 234 funds, tax revenues, impact fees, and developer contributions, 235 which are adequate to fund the projected costs of the capital 236 improvements identified in the comprehensive plan necessary to 237 ensure that adopted level-of-service standards are achieved and 238 maintained within the period covered by the 10-year5-year239 schedule of capital improvements. A comprehensive plan isshall240bedeemed financially feasible for transportation and school 241 facilities throughout the planning period addressed by the 242 capital improvements schedule if it can be demonstrated that the 243 level-of-service standards will be achieved and maintained by 244 the end of the planning period even if in a particular year such 245 improvements are not concurrent as required by s. 163.3180. 246 (2)(33)“Agricultural enclave” means an unincorporated, 247 undeveloped parcel that: 248 (a) Is owned by a single person or entity; 249 (b) Has been in continuous use for bona fide agricultural 250 purposes, as defined by s. 193.461, fora period of5 years 251 beforeprior tothe date of any comprehensive plan amendment 252 application; 253 (c) Is surrounded on at least 75 percent of its perimeter 254 by: 255 1. Property that has existing industrial, commercial, or 256 residential development; or 257 2. Property that the local government has designated, in 258 the local government’s comprehensive plan, zoning map, and 259 future land use map, as landthat isto be developed for 260 industrial, commercial, or residential purposes, and at least 75 261 percent of such property is existing industrial, commercial, or 262 residential development; 263 (d) Has public services, including water, wastewater, 264 transportation, schools, and recreation facilities, available or 265 such public services are scheduled in the capital improvement 266 element to be provided by the local government or can be 267 provided by an alternative provider of local government 268 infrastructure in order to ensure consistency with applicable 269 concurrency provisions of s. 163.3180; and 270 (e) Does not exceed 1,280 acres; however, if the property 271 is surrounded by existing or authorized residential development 272 that will result in a density at buildout of at least 1,000 273 residents per square mile,thenthe area shall be determined to 274 be urban and the parcel may not exceed 4,480 acres. 275 (6)(34)“Dense urban land area” means: 276 (a) A municipality that has an average of at least 1,000 277 people per square mile of land area and a minimum total 278 population of at least 5,000; 279 (b) A county, including the municipalities located therein, 280 which has an average of at least 1,000 people per square mile of 281 land area; or 282 (c) A county, including the municipalities located therein, 283 which has a population of at least 1 million. 284 285 The Office of Economic and Demographic Researchwithin the286Legislatureshall annually calculate the population and density 287 criteria needed to determine which jurisdictions qualify as 288 dense urban land areas by using the most recent land area data 289 from the decennial census conducted by the Bureau of the Census 290 of the United States Department of Commerce and the latest 291 available population estimates determined pursuant to s. 292 186.901. If any local government has had an annexation, 293 contraction, or new incorporation, the officeof Economic and294Demographic Researchshall determine the population density 295 using the new jurisdictional boundariesasrecorded in 296 accordance with s. 171.091. The officeof Economic and297Demographic Researchshall annually submit to the state land 298 planning agency a list of jurisdictions that meet the total 299 population and density criteria necessary for designation as a 300 dense urban land areaby July 1, 2009, and every year301thereafter. The state land planning agency shall publish the 302 list of jurisdictions on its Internet website within 7 days 303 after the list is received. The designation of jurisdictions 304 that qualify or do not qualify as a dense urban land area is 305 effective upon publication on thestate land planning agency’s306Internetwebsite. 307 Section 2. Paragraph (a) of subsection (3) and paragraph 308 (a) of subsection (6) of section 163.3177, Florida Statutes, are 309 amended to read: 310 163.3177 Required and optional elements of comprehensive 311 plan; studies and surveys.— 312 (3)(a) The comprehensive plan mustshallcontain a capital 313 improvements element designed to consider the need for and the 314 location of public facilities in order to encourage the 315 efficient use of such facilities and set forth: 316 1. A component that outlines principles for construction, 317 extension, or increase in capacity of public facilities, as well 318 as a component that outlines principles for correcting existing 319 public facility deficiencies, which are necessary to implement 320 the comprehensive plan. The components mustshallcover at least 321 a 5-year period. 322 2. Estimated public facility costs, including a delineation 323 of when facilities will be needed, the general location of the 324 facilities, and projected revenue sources to fund the 325 facilities. 326 3. Standards to ensure the availability of public 327 facilities and the adequacy of those facilities including 328 acceptable levels of service. 329 4. Standards for the management of debt. 330 5. A schedule of capital improvements which includes 331 publicly funded federal, state, or local government projects, 332 and which may include privately funded projects for which the 333 local government has no fiscal responsibility, necessary to 334 ensure that adopted level-of-service standards are achieved and 335 maintained. For capital improvements that will be funded by the 336 developer, financial feasibility isshall bedemonstrated by 337 being guaranteed in an enforceable development agreement or 338 interlocal agreement pursuant to paragraph (10)(h), or other 339 enforceable agreement. These development agreements and 340 interlocal agreements mustshallbe reflected in the schedule of 341 capital improvements if the capital improvement is necessary to 342 serve development within the 5-year schedule. If the local 343 government uses planned revenue sources that require referenda 344 or other actions to secure the revenue source, the planmust, in 345 the event the referenda are not passed or actions do not secure 346 the planned revenue source, must identify other existing revenue 347 sources that will be used to fund the capital projects or 348 otherwise amend the plan to ensure financial feasibility. 349 6. The schedule must include transportation improvements 350 included in the applicable metropolitan planning organization’s 351 transportation improvement program adopted pursuant to s. 352 339.175(8), to the extent that such improvements are relied upon 353 to ensure concurrency and financial feasibility, and a mobility 354 plan. The schedule must also be coordinated with the applicable 355 metropolitan planning organization’s long-range transportation 356 plan adopted pursuant to s. 339.175(7). 357 (6) In addition to the requirements of subsections (1)-(5) 358 and (12), the comprehensive plan shall include the following 359 elements: 360 (a) A future land use plan element designating proposed 361 future general distribution, location, and extent of the uses of 362 land for residential uses, commercial uses, industry, 363 agriculture, recreation, conservation, education, public 364 buildings and grounds, other public facilities, and other 365 categories of the public and private uses of land. Counties are 366 encouraged to designate rural land stewardship areas, pursuant 367 to paragraph (11)(d), as overlays on the future land use map. 368 Each future land use category must be defined in terms of uses 369 included, and must include standards to be followed in the 370 control and distribution of population densities and building 371 and structure intensities. The proposed distribution, location, 372 and extent of the various categories of land use shall be shown 373 on a land use map or map series which shall be supplemented by 374 goals, policies, and measurable objectives. The future land use 375 plan mustshallbe based upon surveys, studies, and data 376 regarding the area, including the amount of land required to 377 accommodate anticipated growth; the projected resident and 378 seasonal population of the area; the character of undeveloped 379 land; the availability of water supplies, public facilities, and 380 services; the need for redevelopment, including the renewal of 381 blighted areas and the elimination of nonconforming uses which 382 are inconsistent with the character of the community; the 383 compatibility of uses on lands adjacent to or closely proximate 384 to military installations; lands adjacent to an airport as 385 defined in s. 330.35 and consistent with s. 333.02; the 386 discouragement of urban sprawl; energy-efficient land use 387 patterns accounting for existing and future electric power 388 generation and transmission systems; greenhouse gas reduction 389 strategies; and, in rural communities, the need for job 390 creation, capital investment, and economic development that will 391 strengthen and diversify the community’s economy. The future 392 land use plan may designate areas for future planned development 393 use involving combinations of types of uses for which special 394 regulations may be necessary to ensure development in accord 395 with the principles and standards of the comprehensive plan and 396 this partact. The future land use plan element shall include 397 criteria to be used to achieve the compatibility of lands 398 adjacent or closely proximate to military installations, 399 considering factors identified in s. 163.3175(5), and lands 400 adjacent to an airport as defined in s. 330.35 and consistent 401 with s. 333.02. Each local government that is required to update 402 or amend its comprehensive plan to include criteria and address 403 the compatibility of lands adjacent or closely proximate to an 404 existing military installation, or lands adjacent to an airport 405 as defined in s. 330.35 and consistent with s. 333.02, in its 406 future land use plan element, shall transmit the update or 407 amendment to the state land planning agency by June 30, 2012.In408addition,For rural communities, the amount of land designated 409 for future planned industrial use shall be based upon surveys 410 and studies that reflect the need for job creation, capital 411 investment, and the necessity to strengthen and diversify the 412 local economies, and may not be limited solely by the projected 413 population of the rural community. The future land use plan of a 414 county may also designate areas for possible future municipal 415 incorporation. The land use maps or map series shall generally 416 identify and depict historic district boundaries and shall 417 designate historically significant properties meriting 418 protection. For coastal counties, the future land use element 419 must include, without limitation, regulatory incentives and 420 criteria that encourage the preservation of recreational and 421 commercial working waterfronts as defined in s. 342.07. 422 1. The future land use element must clearly identify the 423 land use categories in which public schools are an allowable 424 use. TheWhen delineating the land use categories in which425public schools are an allowable use, alocal government shall 426 include in the categories sufficient land proximate to 427 residential development to meet the projected needs for schools 428 in coordination with public school boards and may establish 429 differing criteria for schools of different type or size. Each 430 local government shall include lands contiguous to existing 431 school sites, to the maximum extent possible, within the land 432 use categories in which public schools are an allowable use. The 433 failure by a local government to comply with these school siting 434 requirements will result in the prohibition of the local 435 government’s ability to amend the local comprehensive plan, 436 except for plan amendments described in s. 163.3187(1)(b), until 437 the school siting requirements are met. Amendments proposed by a 438 local government for purposes of identifying the land use 439 categories in which public schools are an allowable use are 440 exempt from the limitation on the frequency of plan amendments 441 contained in s. 163.3187. The future land use element shall 442 include criteria that encourage the location of schools 443 proximate to urban residential areas to the extent possible and 444 shall require that the local government seek to collocate public 445 facilities, such as parks, libraries, and community centers, 446 with schools to the extent possible and to encourage the use of 447 elementary schools as focal points for neighborhoods. For 448 schools serving predominantly rural counties, defined as a 449 county with a population of 100,000 or fewer, an agricultural 450 land use category is eligible for the location of public school 451 facilities if the local comprehensive plan contains school 452 siting criteria and the location is consistent with such 453 criteria.Local governments required to update or amend their454comprehensive plan to include criteria and address compatibility455of lands adjacent or closely proximate to existing military456installations, or lands adjacent to an airport as defined in s.457330.35and consistent with s.333.02, in their future land use458plan element shall transmit the update or amendment to the state459land planning agency by June 30, 2012.460 2. The amount of land required to accommodate anticipated 461 growth may not be limited solely by the projected population. At 462 a minimum, the future land use plan must provide at least the 463 amount of land needed for each land use category in order to 464 accommodate anticipated growth using medium population 465 projections for a 25-year planning period from the Bureau of 466 Economic and Business Research (BEBR) of the University of 467 Florida and incorporating a minimum 25 percent market factor 468 based upon the total population of the jurisdiction. A 25 469 percent market factor is determined by multiplying the amount of 470 land necessary to accommodate the total population at the end of 471 the planning period by 125 percent. Population projections must 472 be reconciled at the county level. Within each county, the 473 county and each municipality shall, by December 1, 2011, enter 474 into a binding interlocal agreement regarding the allocation of 475 projected county population among the various local government 476 jurisdictions. The sum of the population projections of the 477 unincorporated county and each municipality may not be less than 478 the BEBR medium population for the county as a whole. The 479 interlocal agreement required by s. 163.31777(2) may serve as 480 the required agreement if it is binding on and enforceable by 481 each of the local governments. If a binding population 482 allocation agreement is not reached among all of the local 483 governments within a county by December 1, 2011, those local 484 governments are not eligible for revenue sharing funds pursuant 485 to ss. 206.60, 210.20, and 218.61 and chapter 212, to the extent 486 that the funds are not pledged to pay bonds. 487 Section 3. Paragraphs (a) and (b) of subsection (9), 488 subsection (12), and paragraphs (a), (b), (c), and (i) of 489 subsection (16) of section 163.3180, Florida Statutes, are 490 amended to read: 491 163.3180 Concurrency.— 492 (9)(a) Each local government shallmayadopt as a part of 493 its plan, long-term transportation and school concurrency 494 management systems that havewitha planning period of up to 10 495 years for specially designated districts or areas where 496 transportation deficiencies are projected to occur within 10 497 yearssignificant backlogs exist. The plan mustmayinclude 498 interim level-of-service standards on certain facilities and 499shallrely on the local government’s schedule of capital 500 improvements for up to 10 years as a basis for issuing 501 development orders that authorize commencement of construction 502 in these designated districts or areas. Pursuant to subsection 503 (12), the concurrency management system must be designed to 504 correct existing or projected deficiencies and set priorities 505 for addressing deficientbackloggedfacilities. The concurrency 506 management system must be financially feasible and consistent 507 with other portions of the adopted local plan, including the 508 future land use map. 509 (b) If a local government has a transportation deficiency 510 or school facility deficiencybacklogfor existing development 511 which cannot be adequately addressed in a 10-year plan, the 512 state land planning agency may allow it to develop a plan and 513 long-term schedule of capital improvements covering up to 15 514 years for good and sufficient cause, based on a general 515 comparison between that local government and all other similarly 516 situated local jurisdictions, using the following factors: 517 1. The extent of the deficiencybacklog. 518 2. For roads, whether the deficiencybacklogis on local or 519 state roads. 520 3. The cost of eliminating the deficiencybacklog. 521 4. The local government’s tax and other revenue-raising 522 efforts. 523 (12)(a) A development of regional impact may satisfy the 524 transportation concurrency requirements of the local 525 comprehensive plan, the local government’s concurrency 526 management system, and s. 380.06 by payment of a proportionate 527 share contribution for local and regionally significant traffic 528 impacts, if: 529 1. The development of regional impact which, based on its 530 location or mix of land uses, is designed to encourage 531 pedestrian or other nonautomotive modes of transportation; 532 2. The proportionate-share contribution for local and 533 regionally significant traffic impacts is sufficient to pay for 534 one or more required mobility improvements that will benefit a 535 regionally significant transportation facility; 536 3. The owner and developer of the development of regional 537 impact pays or assures payment of the proportionate-share 538 contribution; and 539 4.IfThe regionally significant transportation facility to 540 be constructed or improved is under the maintenance authority of 541 a governmental entity, as defined by s. 334.03(12), other than 542 the local government with jurisdiction over the development of 543 regional impact, in which case the developer mustis required to544 enter into a binding and legally enforceable commitment to 545 transfer funds to the governmental entity having maintenance 546 authority or to otherwise assure construction or improvement of 547 the facility. 548 (b) The proportionate-share contribution may be applied to 549 any transportation facility to satisfy the provisions of 550 paragraph (a)this subsectionand the local comprehensive plan.,551but, for the purposes of this subsection,The amount of the 552 proportionate-share contribution shall be calculated based upon 553 the cumulative number of trips from the proposed development 554 expected to reach roadways during the peak hour from the 555 complete buildout of a stage or phase being approved, divided by 556 the change in the peak hour maximum service volume of roadways 557 resulting from construction of an improvement necessary to 558 maintain the adopted level of service, multiplied by the 559 construction cost, at the time of developer payment, of the 560 improvement necessary to maintain the adopted level of service. 561 In using this formula, the calculation shall be applied twice. 562 In the first calculation, all existing trips, plus projected 563 background trips from any source other than the development 564 project under review, shall be quantified. If any road is 565 determined to be transportation deficient, it is removed from 566 the development-of-regional-impact list of significantly and 567 adversely affected road segments and from the proportionate 568 share calculation. Improvement of the identified deficiency is 569 the funding responsibility of the state or local government. The 570 calculation is applied again, adding the traffic from the 571 project under review and the improvements needed to remove the 572 deficient condition. Roads that are determined by the second 573 calculation to be significantly and adversely affected by the 574 project are then used to establish the project’s proportionate 575 share of the cost of needed improvements.For purposes of this576subsection, “construction cost” includes all associated costs of577the improvement.Proportionate-share mitigation shall be limited 578 to ensure that a development of regional impact meeting the 579 requirements of this subsection mitigates its impact on the 580 transportation system but is not responsible for the additional 581 cost of reducing or eliminating deficienciesbacklogs. This 582 subsection also applies to Florida Quality Developments pursuant 583 to s. 380.061 and to detailed specific area plans implementing 584 optional sector plans pursuant to s. 163.3245. 585 (c)(b)As used in this subsection, the term: 586 1. “Construction cost” includes all associated costs of the 587 improvement. 588 2. “Transportation deficiency”“backlog”means a facility 589 or facilities on which the adopted level-of-service standard is 590 exceeded by the existing trips, plus additional projected 591 background trips from any source other than the development 592 project under review whichthatare forecast by established 593 traffic standards, including traffic modeling, consistent with 594 the University of Florida Bureau of Economic and Business 595 Research medium population projections. Additional projected 596 background trips are to be coincident with the particular stage 597 or phase of development under review. 598 (16) It is the intent of the Legislature to provide a 599 method by which the impacts of development on transportation 600 facilities can be mitigated by the cooperative efforts of the 601 public and private sectors. The methodology used to calculate 602 proportionate fair-share mitigation under this section shall be 603 as providedforin subsection (12). 604 (a)By December 1, 2006, each local government shall adopt605by ordinance a methodology for assessing proportionate fair606share mitigation options. By December 1, 2005,The Department of 607 Transportation shall develop a model transportation concurrency 608 management ordinance with methodologies for assessing 609 proportionate fair-share mitigation options. By December 1, 610 2011, each local government shall adopt by ordinance a 611 methodology for assessing proportionate fair-share mitigation 612 options. 613 (b)1.In its transportation concurrency management system, 614 a local government shall, by December 1, 2006,include 615 methodologies tothat willbe applied to calculate proportionate 616 fair-share mitigation. 617 1. A developer may choose to satisfy all transportation 618 concurrency requirements by contributing or paying proportionate 619 fair-share mitigation if transportation facilities or facility 620 segments identified as mitigation for traffic impacts are 621 specifically identified for funding in the 5-year schedule of 622 capital improvements in the capital improvements element of the 623 local plan or the long-term concurrency management system or if 624 such contributions or payments to such facilities or segments 625 are reflected in the 5-year schedule of capital improvements in 626 the next regularly scheduled update of the capital improvements 627 element. Updates to the 5-year capital improvements element 628 which reflect proportionate fair-share contributions may not be 629 found not in compliance based on ss. 163.3164(12)163.3164(32)630 and 163.3177(3) if additional contributions, payments or funding 631 sources are reasonably anticipated during a period not to exceed 632 10 years to fully mitigate impacts on the transportation 633 facilities. 634 2. Proportionate fair-share mitigation shall be applied as 635 a credit against impact fees to the extent that all or a portion 636 of the proportionate fair-share mitigation is used to address 637 the same capital infrastructure improvements contemplated by the 638 local government’s impact fee ordinance. 639 (c) Proportionate fair-share mitigation includes, without 640 limitation, separately or collectively, private funds, 641 contributions of land, and construction and contribution of 642 facilities and may include public funds as determined by the 643 local government. Proportionate fair-share mitigation may be 644 directed toward one or more specific transportation improvements 645 reasonably related to the mobility demands created by the 646 development and such improvements may address one or more modes 647 of travel. The fair market value of the proportionate fair-share 648 mitigation shall not differ based on the form of mitigation. A 649 local government may not require a development to pay more than 650 its proportionate fair-share contribution regardless of the 651 method of mitigation. Proportionate fair-share mitigation shall 652 be limited to ensure that a development meeting the requirements 653 of this section mitigates its impact on the transportation 654 system but is not responsible for the additional cost of 655 reducing or eliminating transportation deficiencies as defined 656 in subsection (12)backlogs. 657(i) As used in this subsection, the term “backlog” means a658facility or facilities on which the adopted level-of-service659standard is exceeded by the existing trips, plus additional660projected background trips from any source other than the661development project under review that are forecast by662established traffic standards, including traffic modeling,663consistent with the University of Florida Bureau of Economic and664Business Research medium population projections. Additional665projected background trips are to be coincident with the666particular stage or phase of development under review. 667 Section 4. Section 163.3182, Florida Statutes, is reordered 668 and amended to read: 669 163.3182 Transportation deficienciesconcurrency backlogs.— 670 (1) DEFINITIONS.—For purposes of this section, the term: 671 (f)(a)“Transportation deficiencyconcurrency backlogarea” 672 means the geographic area within the unincorporated portion of a 673 county, or within the municipal boundary of a municipality 674 designated in a local government comprehensive plan, for which a 675 transportation deficiencyconcurrency backlogauthority is 676 created pursuant to this section. A transportation deficiency 677concurrency backlogarea created within the corporate boundary 678 of a municipality shall be made pursuant to an interlocal 679 agreement between a county, a municipality or municipalities, 680 and any affected taxing authority or authorities. 681 (g)(b)“Authority” or“Transportation deficiency 682concurrency backlogauthority” or “authority” means the 683 governing body of a county or municipality within which an 684 authority is created. 685 (b)(c)“Governing body” means the council, commission, or 686 other legislative body charged with governing the county or 687 municipality within which a transportation deficiency 688concurrency backlogauthority is created pursuant to this 689 section. 690 (e)(d)“Transportation deficiencyconcurrency backlog” 691 means an identified deficiency where the existing extent of 692 traffic or projected traffic volume exceeds the level of service 693 standard adopted in a local government comprehensive plan for a 694 transportation facility. 695 (h)(e)“Transportation deficiencyconcurrency backlogplan” 696 means the plan adopted as part of a local government 697 comprehensive plan by the governing body of a county or 698 municipality acting as a transportation deficiencyconcurrency699backlogauthority. 700 (i)(f)“Transportation deficiencyconcurrency backlog701 project” means any designated transportation project identified 702 for construction within the jurisdiction of a transportation 703 deficiencyconcurrency backlogauthority. 704 (a)(g)“Debt service millage” means any millage levied 705 pursuant to s. 12, Art. VII of the State Constitution. 706 (c)(h)“Increment revenue” means the amount calculated 707 pursuant to subsection (5). 708 (d)(i)“Taxing authority” means a public body that levies 709 or is authorized to levy an ad valorem tax on real property 710 located within a transportation deficiencyconcurrency backlog711 area, except a school district. 712 (2) CREATION OF A TRANSPORTATION DEFICIENCY AUTHORITY 713CONCURRENCY BACKLOG AUTHORITIES.— 714 (a) A county or municipality may create a transportation 715 deficiencyconcurrency backlogauthority if it has an identified 716 transportation deficiencyconcurrency backlog. 717 (b) Acting as the transportation deficiencyconcurrency718backlogauthority within the authority’s jurisdictional 719 boundary, the governing body of a county or municipality shall 720 adopt and implement a plan to eliminate all identified 721 transportation deficienciesconcurrency backlogswithin the 722 authority’s jurisdiction using funds provided pursuant to 723 subsection (5) and as otherwise provided pursuant to this 724 section. 725 (c) The Legislature finds and declares thatthere exist in726 many counties and municipalitiesareasthathave significant 727 transportation deficiencies and inadequate transportation 728 facilities. These deficiencies; that many insufficienciesand 729 inadequacies severely limit or prohibit the satisfaction of 730 adopted transportation level-of-serviceconcurrencystandards; 731that the transportation insufficiencies and inadequaciesaffect 732 the health, safety, and welfare of the residents of these 733 counties and municipalities; andthat the transportation734insufficiencies and inadequaciesadversely affect economic 735 development and growth of the tax base for the areas in which 736 they occur.these insufficiencies and inadequacies exist; and737thatThe elimination of transportation deficiencies and 738 inadequacies and the satisfaction of transportationconcurrency739 standards are paramount public purposes for the state and its 740 counties and municipalities. 741 (3) POWERS OF A TRANSPORTATION DEFICIENCYCONCURRENCY742BACKLOGAUTHORITY.—Each transportation deficiencyconcurrency743backlogauthority has the powers necessary or convenient to 744 carry out the purposes of this section, including the power 745following powers in addition to others granted in this section: 746 (a) To make and execute contracts and other instruments 747 necessary or convenient to the exercise of its powers under this 748 section. 749 (b) To undertake and carry out transportation deficiency 750concurrency backlogprojects for transportation facilities that 751 have transportation deficienciesa concurrency backlogwithin 752 the authority’s jurisdiction.ConcurrencybacklogProjects may 753 includetransportationfacilities that provide for alternative 754 modes of travel including sidewalks, bikeways, and mass transit 755 which are related to a deficientbackloggedtransportation 756 facility. 757 (c) To investanytransportation deficiencyconcurrency758backlogfunds held in reserve, sinking funds, or otheranysuch 759 funds not required for immediate disbursement in property or 760 securities in which savings banks may legally invest funds 761 subject to the control of the authority,andto redeem such 762 bonds as have been issued pursuant to this section at the 763 redemption price established therein, or to purchase such bonds 764 at less than redemption price. All such bonds redeemed or 765 purchased shall be canceled. 766 (d) To borrow money, including, but not limited to, issuing 767 debt obligations such as, but not limited to,bonds, notes, 768 certificates, and similar debt instruments; to apply for and 769 accept advances, loans, grants, contributions, and any other 770 forms of financial assistance from the Federal Government or the 771 state, county, or any other public body or from any sources, 772 public or private, for the purposes of this part; to give such 773 security as may be required; to enter into and carry out 774 contracts or agreements; and to include in any contracts for 775 financial assistance with the Federal Government for or with 776 respect to a transportation deficiencyconcurrency backlog777 project and related activities such conditions imposed under 778 federal laws as the transportation deficiencyconcurrency779backlogauthority considers reasonable and appropriate and which 780 are not inconsistent with the purposes of this section. 781 (e) To makeor have madeall surveys and transportation 782 deficiency plans necessary to carrythe carryingoutofthe 783 purposes of this section; to contract with any persons, public 784 or private, in making and implementingcarrying outsuch plans; 785 and to adopt, approve, modify, or amend suchtransportation786concurrency backlogplans. 787 (f) To appropriate such funds and make such expenditures as 788 are necessary to carry out the purposes of this section, and to 789 enter into agreements with other public bodies, which agreements 790 may extend over any period notwithstanding any other provision 791or ruleof lawto the contrary. 792 (4) TRANSPORTATION DEFICIENCYCONCURRENCY BACKLOGPLANS.— 793 (a) Each transportation deficiencyconcurrency backlog794 authority shall adopt a transportation deficiencyconcurrency795backlogplan as a part of the local government comprehensive 796 plan within 6 months after the creation of the authority. The 797 plan must: 798 1. Identify all transportation facilities that have been 799 designated as deficient and require the expenditure of moneys to 800 upgrade, modify, or mitigate the deficiency. 801 2. Include a priority listing of all transportation 802 facilities that have been designated as deficient and do not 803 satisfyconcurrencyrequirements pursuant to s. 163.3180, and 804 the applicable local government comprehensive plan. 805 3. Establish a schedule for financing and construction of 806 transportation deficiencyconcurrency backlogprojects that will 807 eliminate deficienciestransportation concurrency backlogs808 within the jurisdiction of the authority within 10 years after 809the transportation concurrency backlogplan adoption. If mass 810 transit is selected as all or part of the system solution, the 811 improvements and service may extend outside the transportation 812 deficiency areas to the planned terminus of the improvement as 813 long as the improvement provides capacity enhancements to a 814 larger intermodal system. The schedule shall be adopted as part 815 of the local government comprehensive plan. 816 (b) PlanTheadoption isof the transportation concurrency817backlog plan shall beexempt fromthe provisions ofs. 818 163.3187(1). 819 820 Notwithstanding such schedule requirements, ifas long asthe 821 schedule provides for the elimination of all transportation 822 deficienciesconcurrency backlogswithin 10 years after the 823 adoption of theconcurrency backlogplan, the final maturity 824 date of any debt incurred to finance or refinance the related 825 projects mustmaybe no later than 40 years after the date the 826 debt is incurred and the authority may continue operations and 827 administer the trust fund established as provided in subsection 828 (5) for as long as the debt remains outstanding. 829 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation 830 deficiencyconcurrency backlogauthority shall establish a local 831transportation concurrency backlogtrust fund upon creation of 832 the authority. TheEachlocal trust fund shall be administered 833 by thetransportation concurrency backlogauthority within which 834 a transportation deficiencyconcurrency backloghas been 835 identified. TheEachlocal trust fund must continue to be funded 836under this sectionfor as long as the projects set forth in the 837 related transportation deficiencyconcurrency backlogplan 838 remain to be completed or until any debt incurred to finance or 839 refinance the related projects is no longer outstanding, 840 whichever occurs later. Beginning in the first fiscal year after 841 the creation of the authority, each local trust fund shall be 842 funded by the proceeds of an ad valorem tax increment collected 843 within each transportation deficiencyconcurrency backlogarea 844 to be determined annually and shall be a minimum of 25 percent 845 of the difference between the amounts set forth in paragraphs 846 (a) and (b), except that if all of the affected taxing 847 authorities agree under an interlocal agreement, a particular 848 local trust fund may be funded by the proceeds of an ad valorem 849 tax increment greater than 25 percent of the difference between 850 the amounts set forth in paragraphs (a) and (b): 851 (a) The amount of ad valorem tax levied each year by each 852 taxing authority, exclusive of any amount from any debt service 853 millage, on taxable real property contained within the 854 jurisdiction of the transportation deficiencyconcurrency855backlogauthority and within the transportation deficiency 856backlogarea; and 857 (b) The amount of ad valorem taxes which would have been 858 produced by the rate upon which the tax is levied each year by 859 or for each taxing authority, exclusive of any debt service 860 millage, upon the total of the assessed value of the taxable 861 real property within the transportation deficiencyconcurrency862backlogarea as shown on the most recent assessment roll used in 863 connection with the taxation of such property of each taxing 864 authority beforeprior tothe effective date of the ordinance 865 funding the trust fund. 866 (6) EXEMPTIONS.— 867 (a) The following public bodies or taxing authorities are 868 exempt fromthe provisions ofthis section: 869 1. A special district that levies ad valorem taxes on 870 taxable real property in more than one county. 871 2. A special district for which the sole available source 872 of revenue is the authority to levy ad valorem taxes at the time 873 an ordinance is adopted under this section. However, revenues or 874 aid that may be dispensed or appropriated to a district as 875 defined in s. 388.011 at the discretion of an entity other than 876 such district shall not be deemed available. 877 3. A library district. 878 4. A neighborhood improvement district created under the 879 Safe Neighborhoods Act. 880 5. A metropolitan transportation authority. 881 6. A water management district created under s. 373.069. 882 7. A community redevelopment agency. 883 (b) A transportation deficiencyconcurrency exemption884 authority may also exempt from this section a special district 885 that levies ad valorem taxes within the transportation 886 deficiencyconcurrencybacklogarea pursuant to s. 887 163.387(2)(d). 888 (7) TRANSPORTATION DEFICIENCY PLANCONCURRENCY889 SATISFACTION.—Upon adoption of a transportation deficiency 890concurrency backlogplan as a part of the local government 891 comprehensive plan, and the plan going into effect, the area 892 subject to the plan shall be deemed to have achieved and 893 maintained transportation level-of-service standards, and to 894 have met requirements for financial feasibility for 895 transportation facilities, and forthe purpose of proposed896development transportation concurrency has been satisfied. 897 Proportionate fair-share mitigation shall be limited to ensure 898 that a development inside a transportation deficiency 899concurrency backlogarea is not responsible for the additional 900 costs of eliminating deficienciesbacklogs. 901 (8) DISSOLUTION.—Upon completion of all transportation 902 deficiencyconcurrency backlogprojects and repayment or 903 defeasance of all debt issued to finance or refinance such 904 projects, a transportation deficiencyconcurrency backlog905 authority shall be dissolved, and its assets and liabilities 906 transferred to the county or municipality within which the 907 authority is located. All remaining assets of the authority must 908 be used for implementation of transportation projects within the 909 jurisdiction of the authority. The local government 910 comprehensive plan shall be amended to remove the transportation 911 deficiencyconcurrency backlogplan. 912 Section 5. Paragraph (f) is added to subsection (28) of 913 section 380.06, Florida Statutes, to read: 914 380.06 Developments of regional impact.— 915 (28) PARTIAL STATUTORY EXEMPTIONS.— 916 (f) Any transit-oriented development, as defined in s. 917 163.3164, which is incorporated into a county or municipal 918 comprehensive plan by a county or municipality that has adopted 919 land use and transportation strategies to support and fund the 920 local government’s concurrency or mobility plan identified in 921 the comprehensive plan, including alternative modes of 922 transportation, is exempt from review for transportation impacts 923 conducted pursuant to this section. This paragraph does not 924 apply to areas within: 925 1. The boundary of any area of critical state concern 926 designated pursuant to s. 380.05; 927 2. The boundary of the Wekiva Study Area as described in s. 928 369.316; or 929 3. The 2 miles of the boundary of the Everglades Protection 930 Area as described in s. 373.4592(2). 931 Section 6. Subsection (5) of section 163.3162, Florida 932 Statutes, is amended to read: 933 163.3162 Agricultural Lands and Practices Act.— 934 (5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.—The 935 owner of a parcel of land defined as an agricultural enclave 936under s.163.3164(33)may apply for an amendment to the local 937 government comprehensive plan pursuant to s. 163.3187. Such 938 amendment is presumed to be consistent with rule 9J-5.006(5), 939 Florida Administrative Code, and may include land uses and 940 intensities of use that are consistent with the uses and 941 intensities of use of the industrial, commercial, or residential 942 areas that surround the parcel. This presumption may be rebutted 943 by clear and convincing evidence. Each application for a 944 comprehensive plan amendmentunder this subsectionfor a parcel 945 larger than 640 acres must include appropriate new urbanism 946 concepts such as clustering, mixed-use development, the creation 947 of rural village and city centers, and the transfer of 948 development rights in order to discourage urban sprawl while 949 protecting landowner rights. 950 (a) The local government and the owner of a parcel of land 951 that is the subject of an application for an amendment shall 952 have 180 days following the date that the local government 953 receives a complete application to negotiate in good faith to 954 reach consensus on the land uses and intensities of use that are 955 consistent with the uses and intensities of use of the 956 industrial, commercial, or residential areas that surround the 957 parcel. Within 30 days after the local government’s receipt of 958 such an application, the local government and owner must agree 959 in writing to a schedule for information submittal, public 960 hearings, negotiations, and final action on the amendment, which 961 schedule maythereafterbe altered only with the written consent 962 of the local government and the owner. Compliance with the 963 schedule in the written agreement constitutes good faith 964 negotiations for purposes of paragraph (c). 965 (b) Upon conclusion of good faith negotiations under 966 paragraph (a), regardless of whether the local government and 967 owner reach consensus on the land uses and intensities of use 968 that are consistent with the uses and intensities of use of the 969 industrial, commercial, or residential areas that surround the 970 parcel, the amendment must be transmitted to the state land 971 planning agency for review pursuant to s. 163.3184. If the local 972 government fails to transmit the amendment within 180 days after 973 receipt of a complete application, the amendment must be 974 immediately transferred to the state land planning agency for 975suchreview at the first available transmittal cycle. A plan 976 amendment transmitted to the state land planning agency 977submittedunder this subsection is presumed to be consistent 978 with rule 9J-5.006(5), Florida Administrative Code. This 979 presumption may be rebutted by clear and convincing evidence. 980 (c) If the owner fails to negotiate in good faith, a plan 981 amendment submitted under this subsection is not entitled to the 982 rebuttable presumption under this subsection in the negotiation 983 and amendment process. 984 (d)Nothing withinThis subsection relating to agricultural 985 enclaves does notshallpreempt or replace any protection 986 currently existing for any property located within the 987 boundaries of the following areas: 988 1. The Wekiva Study Area, as described in s. 369.316; or 989 2. The Everglades Protection Area, as defined in s. 990 373.4592(2). 991 Section 7. Subsection (2) of section 163.32465, Florida 992 Statutes, is amended to read: 993 163.32465 State review of local comprehensive plans in 994 urban areas.— 995 (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM. 996 Pinellas and Broward Counties, and the municipalities within 997 these counties, and Jacksonville, Miami, Tampa, and Hialeah 998 shall follow an alternative state review process provided in 999 this section. Municipalities within the pilot counties may 1000 elect, by super majority vote of the governing body, not to 1001 participate in the pilot program. In addition to the pilot 1002 program jurisdictions, any local government may use the 1003 alternative state review process to designate an urban service 1004 areaas defined in s.163.3164(29)in its comprehensive plan. 1005 Section 8. Section 186.513, Florida Statutes, is amended to 1006 read: 1007 186.513 Reports.—Each regional planning council shall 1008 prepare and furnish an annual report on its activities to the 1009 state land planning agency as defined in s. 163.3164(20)and the 1010 local general-purpose governments within its boundaries and, 1011 upon payment as may be established by the council, to any 1012 interested person. The regional planning councils shall make a 1013 joint report and recommendations to appropriate legislative 1014 committees. 1015 Section 9. Section 186.515, Florida Statutes, is amended to 1016 read: 1017 186.515 Creation of regional planning councils under 1018 chapter 163.—SectionsNothing in ss.186.501-186.507, 186.513, 1019 and 186.515 do notis intended torepeal or limit the provisions 1020 of chapter 163; however,thelocal general-purpose governments 1021 serving as voting members of the governing body of a regional 1022 planning council created pursuant to ss. 186.501-186.507, 1023 186.513, and 186.515 may notare not authorized tocreate a 1024 regional planning council pursuant to chapter 163 unless an 1025 agency, other than a regional planning council created pursuant 1026 to ss. 186.501-186.507, 186.513, and 186.515, is designated to 1027 exercise the powers and duties of a regional planning agency as 1028 defined in ss. 163.3164 and 380.031in any one or more of ss.1029163.3164(19) and380.031(15); in which case, such a regional 1030 planning council is also without authority to exercise the 1031 powers and duties of the regional planning agencyin s.1032163.3164(19) or s.380.031(15). 1033 Section 10. Subsection (15) of section 287.042, Florida 1034 Statutes, is amended to read: 1035 287.042 Powers, duties, and functions.—The department shall 1036 have the following powers, duties, and functions: 1037 (15) To enter into joint agreements with governmental 1038 agencies, as defined in s. 163.3164(10), for the purpose of 1039 pooling funds for the purchase of commodities or information 1040 technology that can be used by multiple agencies. 1041 (a) Each agency that has been appropriated or has existing 1042 funds for such purchase, shall, upon contract award by the 1043 department, transfer their portion of the funds into the 1044 department’s Operating Trust Fund for payment by the department. 1045 The funds shall be transferred by the Executive Office of the 1046 Governor pursuant to the agency budget amendment request 1047 provisions in chapter 216. 1048 (b) Agencies that sign the joint agreements are financially 1049 obligated for their portion of the agreed-upon funds. If an 1050 agency becomes more than 90 days delinquent in paying the funds, 1051 the department shall certify to the Chief Financial Officer the 1052 amount due, and the Chief Financial Officer shall transfer the 1053 amount due to the Operating Trust Fund of the department from 1054 any of the agency’s available funds. The Chief Financial Officer 1055 shall report these transfers and the reasons for the transfers 1056 to the Executive Office of the Governor and the legislative 1057 appropriations committees. 1058 Section 11. Paragraph (a) of subsection (2) of section 1059 288.975, Florida Statutes, is amended to read: 1060 288.975 Military base reuse plans.— 1061 (2) As used in this section, the term: 1062 (a) “Affected local government” means a local government 1063 adjoining the host local government and any other unit of local 1064 government that is not a host local government but that is 1065 identified in a proposed military base reuse plan as providing, 1066 operating, or maintaining one or more public facilities as 1067 defined in s. 163.3164(24)on lands within or serving a military 1068 base designated for closure by the Federal Government. 1069 Section 12. Subsection (5) of section 369.303, Florida 1070 Statutes, is amended to read: 1071 369.303 Definitions.—As used in this part: 1072 (5) “Land development regulation” has the same meaning as 1073means a regulation covered by the definitionin s. 163.3164(23)1074 and includes any of the types of regulations described in s. 1075 163.3202. 1076 Section 13. Subsection (10) of section 420.5095, Florida 1077 Statutes, is amended to read: 1078 420.5095 Community Workforce Housing Innovation Pilot 1079 Program.— 1080 (10) The processing of approvals of development orders or 1081 development permits, as those terms are defined in s. 1082 163.3164(7) and (8), for innovative community workforce housing 1083 projects shall be expedited. 1084 Section 14. Subsection (16) of section 420.9071, Florida 1085 Statutes, is amended to read: 1086 420.9071 Definitions.—As used in ss. 420.907-420.9079, the 1087 term: 1088 (16) “Local housing incentive strategies” means local 1089 regulatory reform or incentive programs to encourage or 1090 facilitate affordable housing production, which include at a 1091 minimum, assurance that development orders or development 1092 permits as those terms are defined in s. 163.3164(7) and (8)for 1093 affordable housing projects are expedited to a greater degree 1094 than other projects; an ongoing process for review of local 1095 policies, ordinances, regulations, and plan provisions that 1096 increase the cost of housing beforeprior totheir adoption; and 1097 a schedule for implementing the incentive strategies. Local 1098 housing incentive strategies may also include other regulatory 1099 reforms, such as those enumerated in s. 420.9076 or those 1100 recommended by the affordable housing advisory committee in its 1101 triennial evaluation of the implementation of affordable housing 1102 incentives, and adopted by the local governing body. 1103 Section 15. Paragraph (a) of subsection (4) of section 1104 420.9076, Florida Statutes, is amended to read: 1105 420.9076 Adoption of affordable housing incentive 1106 strategies; committees.— 1107 (4) Triennially, the advisory committee shall review the 1108 established policies and procedures, ordinances, land 1109 development regulations, and adopted local government 1110 comprehensive plan of the appointing local government and shall 1111 recommend specific actions or initiatives to encourage or 1112 facilitate affordable housing while protecting the ability of 1113 the property to appreciate in value. The recommendations may 1114 include the modification or repeal of existing policies, 1115 procedures, ordinances, regulations, or plan provisions; the 1116 creation of exceptions applicable to affordable housing; or the 1117 adoption of new policies, procedures, regulations, ordinances, 1118 or plan provisions, including recommendations to amend the local 1119 government comprehensive plan and corresponding regulations, 1120 ordinances, and other policies. At a minimum, each advisory 1121 committee shall submit a report to the local governing body that 1122 includes recommendations on, and triennially thereafter 1123 evaluates the implementation of, affordable housing incentives 1124 in the following areas: 1125 (a) The processing of approvals of development orders or 1126 development permits, as those terms are defined in s. 1127 163.3164(7) and (8), for affordable housing projects is 1128 expedited to a greater degree than other projects. 1129 1130 The advisory committee recommendations may also include other 1131 affordable housing incentives identified by the advisory 1132 committee. Local governments that receive the minimum allocation 1133 under the State Housing Initiatives Partnership Program shall 1134 perform the initial review but may elect to not perform the 1135 triennial review. 1136 Section 16. This act shall take effect July 1, 2011.