Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 362
       
       
       
       
       
       
                                Barcode 804784                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2009           .                                
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       The Committee on Transportation (Baker) 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 rather than numerical caps,
   18  and must include standards to be followed in the control and
   19  distribution of population densities and building and structure
   20  intensities. The proposed distribution, location, and extent of
   21  the various categories of land use shall be shown on a land use
   22  map or map series which shall be supplemented by goals,
   23  policies, and measurable objectives. The future land use plan
   24  shall be based upon surveys, studies, and data regarding the
   25  area, including the amount of land required to accommodate
   26  anticipated growth; the projected population of the area; the
   27  character of undeveloped land; those factors limiting
   28  development, critical habitat designations as well as other
   29  applicable environmental protections, and local building
   30  restrictions incorporated into the comprehensive plan or land
   31  development code; the availability of water supplies, public
   32  facilities, and services; the need for redevelopment, including
   33  the renewal of blighted areas and the elimination of
   34  nonconforming uses which are inconsistent with the character of
   35  the community; the compatibility of uses on lands adjacent to or
   36  closely proximate to military installations; the discouragement
   37  of urban sprawl; energy-efficient land use patterns accounting
   38  for existing and future electric power generation and
   39  transmission systems; greenhouse gas reduction strategies; and,
   40  in rural communities, the need for job creation, capital
   41  investment, and economic development that will strengthen and
   42  diversify the community’s economy. The future land use plan may
   43  designate areas for future planned development use involving
   44  combinations of types of uses for which special regulations may
   45  be necessary to ensure development in accord with the principles
   46  and standards of the comprehensive plan and this act. The future
   47  land use plan element shall include criteria to be used to
   48  achieve the compatibility of adjacent or closely proximate lands
   49  with military installations. In addition, for rural communities,
   50  the amount of land designated for future planned 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.; changing criteria for future land use designations;
  106  authorizing the state land planning agency to