Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. PCS (312850) for SB 362
Barcode 504376
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/06/2009 .
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The Committee on Community Affairs (Bennett) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 121 and 122
4 insert:
5 (6) In addition to the requirements of subsections (1)-(5)
6 and (12), the comprehensive plan shall include the following
7 elements:
8 (a) A future land use plan element designating proposed
9 future general distribution, location, and extent of the uses of
10 land for residential uses, commercial uses, industry,
11 agriculture, recreation, conservation, education, public
12 buildings and grounds, other public facilities, and other
13 categories of the public and private uses of land. Counties are
14 encouraged to designate rural land stewardship areas, pursuant
15 to the provisions of paragraph (11)(d), as overlays on the
16 future land use map. Each future land use category must be
17 defined in terms of uses included, and must include standards to
18 be followed in the control and distribution of population
19 densities and building and structure intensities. The proposed
20 distribution, location, and extent of the various categories of
21 land use shall be shown on a land use map or map series which
22 shall be supplemented by goals, policies, and measurable
23 objectives. The future land use plan shall be based upon
24 surveys, studies, and data regarding the area, including the
25 amount of land required to accommodate anticipated growth; the
26 projected population of the area; the character of undeveloped
27 land; the availability of water supplies, public facilities, and
28 services; the need for redevelopment, including the renewal of
29 blighted areas and the elimination of nonconforming uses which
30 are inconsistent with the character of the community; the
31 compatibility of uses on lands adjacent to or closely proximate
32 to military installations; the discouragement of urban sprawl;
33 energy-efficient land use patterns accounting for existing and
34 future electric power generation and transmission systems;
35 greenhouse gas reduction strategies; and, in rural communities,
36 the need for job creation, capital investment, and economic
37 development that will strengthen and diversify the community’s
38 economy. The department’s review of the allocation of land uses
39 shall evaluate population growth and demonstrated need in the
40 balancing of urban sprawl criteria and development controls
41 contained in rules of the Department, and not as an independent
42 criteria. The future land use plan may designate areas for
43 future planned development use involving combinations of types
44 of uses for which special regulations may be necessary to ensure
45 development in accord with the principles and standards of the
46 comprehensive plan and this act. The future land use plan
47 element shall include criteria to be used to achieve the
48 compatibility of adjacent or closely proximate lands with
49 military installations. In addition, for rural communities, the
50 amount of land designated for future planned land industrial use
51 shall be based upon surveys and studies that reflect the need
52 for job creation, capital investment, and the necessity to
53 strengthen and diversify the local economies, and shall not be
54 limited solely by the projected population of the rural
55 community. The future land use plan of a county may also
56 designate areas for possible future municipal incorporation. The
57 land use maps or map series shall generally identify and depict
58 historic district boundaries and shall designate historically
59 significant properties meriting protection. For coastal
60 counties, the future land use element must include, without
61 limitation, regulatory incentives and criteria that encourage
62 the preservation of recreational and commercial working
63 waterfronts as defined in s. 342.07. The future land use element
64 must clearly identify the land use categories in which public
65 schools are an allowable use. When delineating the land use
66 categories in which public schools are an allowable use, a local
67 government shall include in the categories sufficient land
68 proximate to residential development to meet the projected needs
69 for schools in coordination with public school boards and may
70 establish differing criteria for schools of different type or
71 size. Each local government shall include lands contiguous to
72 existing school sites, to the maximum extent possible, within
73 the land use categories in which public schools are an allowable
74 use. The failure by a local government to comply with these
75 school siting requirements will result in the prohibition of the
76 local government’s ability to amend the local comprehensive
77 plan, except for plan amendments described in s. 163.3187(1)(b),
78 until the school siting requirements are met. Amendments
79 proposed by a local government for purposes of identifying the
80 land use categories in which public schools are an allowable use
81 are exempt from the limitation on the frequency of plan
82 amendments contained in s. 163.3187. The future land use element
83 shall include criteria that encourage the location of schools
84 proximate to urban residential areas to the extent possible and
85 shall require that the local government seek to collocate public
86 facilities, such as parks, libraries, and community centers,
87 with schools to the extent possible and to encourage the use of
88 elementary schools as focal points for neighborhoods. For
89 schools serving predominantly rural counties, defined as a
90 county with a population of 100,000 or fewer, an agricultural
91 land use category shall be eligible for the location of public
92 school facilities if the local comprehensive plan contains
93 school siting criteria and the location is consistent with such
94 criteria. Local governments required to update or amend their
95 comprehensive plan to include criteria and address compatibility
96 of adjacent or closely proximate lands with existing military
97 installations in their future land use plan element shall
98 transmit the update or amendment to the department by June 30,
99 2006.
100
101 ================= T I T L E A M E N D M E N T ================
102 And the title is amended as follows:
103 Delete line 16
104 and insert:
105 F.S.; clarifying that need is not an independent criteria;
106 authorizing the state land planning agency to