Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. PCS (312850) for SB 362
       
       
       
       
       
       
                                Barcode 801924                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/06/2009           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Substitute for Amendment (504376) 
    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 future land use plan may designate areas for future
   39  planned development use involving combinations of types of uses
   40  for which special regulations may be necessary to ensure
   41  development in accord with the principles and standards of the
   42  comprehensive plan and this act. The future land use plan
   43  element shall include criteria to be used to achieve the
   44  compatibility of adjacent or closely proximate lands with
   45  military installations. In addition, for rural communities and
   46  counties designated as a rural area of critical economic concern
   47  pursuant to s. 288.0656, the amount of land designated for
   48  future planned industrial, residential, commercial, or other
   49  land use shall be based upon surveys and studies that reflect
   50  the need for job creation, capital investment, and the necessity
   51  to strengthen and diversify the local economies, and shall not
   52  be limited solely by the projected population of the rural
   53  community. The future land use plan of a county may also
   54  designate areas for possible future municipal incorporation or
   55  new town(s) which shall not be limited by the projected
   56  population of the county. The land use maps or map series shall
   57  generally identify and depict historic district boundaries and
   58  shall designate historically significant properties meriting
   59  protection. For coastal counties, the future land use element
   60  must include, without limitation, regulatory incentives and
   61  criteria that encourage the preservation of recreational and
   62  commercial working waterfronts as defined in s. 342.07. The
   63  future land use element must clearly identify the land use
   64  categories in which public schools are an allowable use. When
   65  delineating the land use categories in which public schools are
   66  an allowable use, a local government shall include in the
   67  categories sufficient land proximate to residential development
   68  to meet the projected needs for schools in coordination with
   69  public school boards and may establish differing criteria for
   70  schools of different type or size. Each local government shall
   71  include lands contiguous to existing school sites, to the
   72  maximum extent possible, within the land use categories in which
   73  public schools are an allowable use. The failure by a local
   74  government to comply with these school siting requirements will
   75  result in the prohibition of the local government’s ability to
   76  amend the local comprehensive plan, except for plan amendments
   77  described in s. 163.3187(1)(b), until the school siting
   78  requirements are met. Amendments proposed by a local government
   79  for purposes of identifying the land use categories in which
   80  public schools are an allowable use are exempt from the
   81  limitation on the frequency of plan amendments contained in s.
   82  163.3187. The future land use element shall include criteria
   83  that encourage the location of schools proximate to urban
   84  residential areas to the extent possible and shall require that
   85  the local government seek to collocate public facilities, such
   86  as parks, libraries, and community centers, with schools to the
   87  extent possible and to encourage the use of elementary schools
   88  as focal points for neighborhoods. For schools serving
   89  predominantly rural counties, defined as a county with a
   90  population of 100,000 or fewer, an agricultural land use
   91  category shall be eligible for the location of public school
   92  facilities if the local comprehensive plan contains school
   93  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         Delete line 16
  101  and insert:
  102  F.S.; specifying that rural areas of critical economic concern
  103  are not limited by the projected population of the rural
  104  community; authorizing the state land planning agency to