Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 842
       
       
       
       
       
       
                                Barcode 940000                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/01/2012           .                                
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       The Committee on Budget Subcommittee on Transportation, Tourism,
       and Economic Development Appropriations (Bennett) recommended
       the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 168 - 229
    4  and insert:
    5         (1) The comprehensive plan shall provide the principles,
    6  guidelines, standards, and strategies for the orderly and
    7  balanced future economic, social, physical, environmental, and
    8  fiscal development of the area that reflects community
    9  commitments to implement the plan and its elements. These
   10  principles and strategies shall guide future decisions in a
   11  consistent manner and shall contain programs and activities to
   12  ensure comprehensive plans are implemented. The sections of the
   13  comprehensive plan containing the principles and strategies,
   14  generally provided as goals, objectives, and policies, shall
   15  describe how the local government’s programs, activities, and
   16  land development regulations will be initiated, modified, or
   17  continued to implement the comprehensive plan in a consistent
   18  manner. It is not the intent of this part to require the
   19  inclusion of implementing regulations in the comprehensive plan
   20  but rather to require identification of those programs,
   21  activities, and land development regulations that will be part
   22  of the strategy for implementing the comprehensive plan and the
   23  principles that describe how the programs, activities, and land
   24  development regulations will be carried out. The plan shall
   25  establish meaningful and predictable standards for the use and
   26  development of land and provide meaningful guidelines for the
   27  content of more detailed land development and use regulations.
   28         (f) All mandatory and optional elements of the
   29  comprehensive plan and plan amendments shall be based upon
   30  relevant and appropriate data and an analysis by the local
   31  government that may include, but not be limited to, surveys,
   32  studies, community goals and vision, and other data available at
   33  the time of adoption of the comprehensive plan or plan
   34  amendment. To be based on data means to react to it in an
   35  appropriate way and to the extent necessary indicated by the
   36  data available on that particular subject at the time of
   37  adoption of the plan or plan amendment at issue.
   38         1. Surveys, studies, and data utilized in the preparation
   39  of the comprehensive plan may not be deemed a part of the
   40  comprehensive plan unless adopted as a part of it. Copies of
   41  such studies, surveys, data, and supporting documents for
   42  proposed plans and plan amendments shall be made available for
   43  public inspection, and copies of such plans shall be made
   44  available to the public upon payment of reasonable charges for
   45  reproduction. Support data or summaries are not subject to the
   46  compliance review process, but the comprehensive plan must be
   47  clearly based on appropriate data. Support data or summaries may
   48  be used to aid in the determination of compliance and
   49  consistency.
   50         2. Data must be taken from professionally accepted sources.
   51  The application of a methodology utilized in data collection or
   52  whether a particular methodology is professionally accepted may
   53  be evaluated. However, the evaluation may not include whether
   54  one accepted methodology is better than another. Original data
   55  collection by local governments is not required. However, local
   56  governments may use original data so long as methodologies are
   57  professionally accepted.
   58         3. The comprehensive plan shall be based upon permanent and
   59  seasonal population estimates and projections, which shall
   60  either be those published provided by the Office of Economic and
   61  Demographic Research University of Florida’s Bureau of Economic
   62  and Business Research or generated by the local government based
   63  upon a professionally acceptable methodology. The plan must be
   64  based on at least the minimum amount of land required to
   65  accommodate the medium projections as published by the Office of
   66  Economic and Demographic Research of the University of Florida’s
   67  Bureau of Economic and Business Research for at least a 10-year
   68  planning period unless otherwise limited under s. 380.05,
   69  including related rules of the Administration Commission. Absent
   70  physical limitations on population growth, population
   71  projections for each municipality and the unincorporated area
   72  within a county must, at a minimum, be reflective of each area’s
   73  proportional share of the total county population and the total
   74  county population growth.
   75         (6) In addition to the requirements of subsections (1)-(5),
   76  the comprehensive plan shall include the following elements:
   77         (a) A future land use plan element designating proposed
   78  future general distribution, location, and extent of the uses of
   79  land for residential uses, commercial uses, industry,
   80  agriculture, recreation, conservation, education, public
   81  facilities, and other categories of the public and private uses
   82  of land. The approximate acreage and the general range of
   83  density or intensity of use shall be provided for the gross land
   84  area included in each existing land use category. The element
   85  shall establish the long-term end toward which land use programs
   86  and activities are ultimately directed.
   87         1. Each future land use category must be defined in terms
   88  of uses included, and must include standards to be followed in
   89  the control and distribution of population densities and
   90  building and structure intensities. The proposed distribution,
   91  location, and extent of the various categories of land use shall
   92  be shown on a land use map or map series which shall be
   93  supplemented by goals, policies, and measurable objectives.
   94         2. The future land use plan and plan amendments shall be
   95  based upon surveys, studies, and data regarding the area, as
   96  applicable, including:
   97         a. The amount of land required to accommodate anticipated
   98  growth.
   99         b. The projected permanent and seasonal population of the
  100  area.
  101         c. The character of undeveloped land.
  102         d. The availability of water supplies, public facilities,
  103  and services.
  104         e. The need for redevelopment, including the renewal of
  105  blighted areas and the elimination of nonconforming uses which
  106  are inconsistent with the character of the community.
  107         f. The compatibility of uses on lands adjacent to or
  108  closely proximate to military installations.
  109         g. The compatibility of uses on lands adjacent to an
  110  airport as defined in s. 330.35 and consistent with s. 333.02.
  111         h. The discouragement of urban sprawl.
  112         i. The need for job creation, capital investment, and
  113  economic development that will strengthen and diversify the
  114  community’s economy.
  115         j. The need to modify land uses and development patterns
  116  within antiquated subdivisions.
  117         3. The future land use plan element shall include criteria
  118  to be used to:
  119         a. Achieve the compatibility of lands adjacent or closely
  120  proximate to military installations, considering factors
  121  identified in s. 163.3175(5).
  122         b. Achieve the compatibility of lands adjacent to an
  123  airport as defined in s. 330.35 and consistent with s. 333.02.
  124         c. Encourage preservation of recreational and commercial
  125  working waterfronts for water-dependent uses in coastal
  126  communities.
  127         d. Encourage the location of schools proximate to urban
  128  residential areas to the extent possible.
  129         e. Coordinate future land uses with the topography and soil
  130  conditions, and the availability of facilities and services.
  131         f. Ensure the protection of natural and historic resources.
  132         g. Provide for the compatibility of adjacent land uses.
  133         h. Provide guidelines for the implementation of mixed-use
  134  development including the types of uses allowed, the percentage
  135  distribution among the mix of uses, or other standards, and the
  136  density and intensity of each use.
  137         4. The amount of land designated for future planned uses
  138  shall provide a balance of uses that foster vibrant, viable
  139  communities and economic development opportunities and address
  140  outdated development patterns, such as antiquated subdivisions.
  141  The amount of land designated for future land uses should allow
  142  the operation of real estate markets to provide adequate choices
  143  for permanent and seasonal residents and business and may not be
  144  limited solely by the projected population. The element shall
  145  accommodate at least the minimum amount of land required to
  146  accommodate the medium projections as published by the Office of
  147  Economic and Demographic Research of the University of Florida’s
  148  Bureau of Economic and Business Research for at least a 10-year
  149  planning period unless otherwise limited under s. 380.05,
  150  including related rules of the Administration Commission.
  151         5. The future land use plan of a county may designate areas
  152  for possible future municipal incorporation.
  153         6. The land use maps or map series shall generally identify
  154  and depict historic district boundaries and shall designate
  155  historically significant properties meriting protection.
  156         7. The future land use element must clearly identify the
  157  land use categories in which public schools are an allowable
  158  use. When delineating the land use categories in which public
  159  schools are an allowable use, a local government shall include
  160  in the categories sufficient land proximate to residential
  161  development to meet the projected needs for schools in
  162  coordination with public school boards and may establish
  163  differing criteria for schools of different type or size. Each
  164  local government shall include lands contiguous to existing
  165  school sites, to the maximum extent possible, within the land
  166  use categories in which public schools are an allowable use.
  167         8. Future land use map amendments shall be based upon the
  168  following analyses:
  169         a. An analysis of the availability of facilities and
  170  services.
  171         b. An analysis of the suitability of the plan amendment for
  172  its proposed use considering the character of the undeveloped
  173  land, soils, topography, natural resources, and historic
  174  resources on site.
  175         c. An analysis of the minimum amount of land needed to
  176  achieve the goals and requirements of this section as determined
  177  by the local government.
  178         9. The future land use element and any amendment to the
  179  future land use element shall discourage the proliferation of
  180  urban sprawl.
  181         a. The primary indicators that a plan or plan amendment
  182  does not discourage the proliferation of urban sprawl are listed
  183  below. The evaluation of the presence of these indicators shall
  184  consist of an analysis of the plan or plan amendment within the
  185  context of features and characteristics unique to each locality
  186  in order to determine whether the plan or plan amendment:
  187         (I) Promotes, allows, or designates for development
  188  substantial areas of the jurisdiction to develop as low
  189  intensity, low-density, or single-use development or uses.
  190         (II) Promotes, allows, or designates significant amounts of
  191  urban development to occur in rural areas at substantial
  192  distances from existing urban areas while not using undeveloped
  193  lands that are available and suitable for development.
  194         (III) Promotes, allows, or designates urban development in
  195  radial, strip, isolated, or ribbon patterns generally emanating
  196  from existing urban developments.
  197         (IV) Fails to adequately protect and conserve natural
  198  resources, such as wetlands, floodplains, native vegetation,
  199  environmentally sensitive areas, natural groundwater aquifer
  200  recharge areas, lakes, rivers, shorelines, beaches, bays,
  201  estuarine systems, and other significant natural systems.
  202         (V) Fails to adequately protect adjacent agricultural areas
  203  and activities, including silviculture, active agricultural and
  204  silvicultural activities, passive agricultural activities, and
  205  dormant, unique, and prime farmlands and soils.
  206         (VI) Fails to maximize use of existing public facilities
  207  and services.
  208         (VII) Fails to maximize use of future public facilities and
  209  services.
  210         (VIII) Allows for land use patterns or timing which
  211  disproportionately increase the cost in time, money, and energy
  212  of providing and maintaining facilities and services, including
  213  roads, potable water, sanitary sewer, stormwater management, law
  214  enforcement, education, health care, fire and emergency
  215  response, and general government.
  216         (IX) Fails to provide a clear separation between rural and
  217  urban uses.
  218         (X) Discourages or inhibits infill development or the
  219  redevelopment of existing neighborhoods and communities.
  220         (XI) Fails to encourage a functional mix of uses.
  221         (XII) Results in poor accessibility among linked or related
  222  land uses.
  223         (XIII) Results in the loss of significant amounts of
  224  functional open space.
  225         b. The future land use element or plan amendment shall be
  226  determined to discourage the proliferation of urban sprawl if it
  227  incorporates a development pattern or urban form that achieves
  228  four or more of the following:
  229         (I) Directs or locates economic growth and associated land
  230  development to geographic areas of the community in a manner
  231  that does not have an adverse impact on and protects natural
  232  resources and ecosystems.
  233         (II) Promotes the efficient and cost-effective provision or
  234  extension of public infrastructure and services.
  235         (III) Promotes walkable and connected communities and
  236  provides for compact development and a mix of uses at densities
  237  and intensities that will support a range of housing choices and
  238  a multimodal transportation system, including pedestrian,
  239  bicycle, and transit, if available.
  240         (IV) Promotes conservation of water and energy.
  241         (V) Preserves agricultural areas and activities, including
  242  silviculture, and dormant, unique, and prime farmlands and
  243  soils.
  244         (VI) Preserves open space and natural lands and provides
  245  for public open space and recreation needs.
  246         (VII) Creates a balance of land uses based upon demands of
  247  the residential population for the nonresidential needs of an
  248  area.
  249         (VIII) Provides uses, densities, and intensities of use and
  250  urban form that would remediate an existing or planned
  251  development pattern in the vicinity that constitutes sprawl or
  252  if it provides for an innovative development pattern such as
  253  transit-oriented developments or new towns as defined in s.
  254  163.3164.
  255         10. The future land use element shall include a future land
  256  use map or map series.
  257         a. The proposed distribution, extent, and location of the
  258  following uses shall be shown on the future land use map or map
  259  series:
  260         (I) Residential.
  261         (II) Commercial.
  262         (III) Industrial.
  263         (IV) Agricultural.
  264         (V)  Recreational.
  265         (VI) Conservation.
  266         (VII) Educational.
  267         (VIII) Public.
  268         b. The following areas shall also be shown on the future
  269  land use map or map series, if applicable:
  270         (I) Historic district boundaries and designated
  271  historically significant properties.
  272         (II) Transportation concurrency management area boundaries
  273  or transportation concurrency exception area boundaries.
  274         (III) Multimodal transportation district boundaries.
  275         (IV) Mixed-use categories.
  276         c. The following natural resources or conditions shall be
  277  shown on the future land use map or map series, if applicable:
  278         (I) 	Existing and planned public potable waterwells, cones
  279  of influence, and wellhead protection areas.
  280         (II) Beaches and shores, including estuarine systems.
  281         (III) Rivers, bays, lakes, floodplains, and harbors.
  282         (IV) Wetlands.
  283         (V) Minerals and soils.
  284         (VI) Coastal high hazard areas.
  285         11. Local governments required to update or amend their
  286  comprehensive plan to include criteria and address compatibility
  287  of lands adjacent or closely proximate to existing military
  288  installations, or lands adjacent to an airport as defined in s.
  289  330.35 and consistent with s. 333.02, in their future land use
  290  plan element shall transmit the update or amendment to the state
  291  land planning agency by June 30, 2012.
  292         (f)1. A housing element consisting of principles,
  293  guidelines, standards, and strategies to be followed in:
  294         a. The provision of housing for all current and anticipated
  295  future residents of the jurisdiction.
  296         b. The elimination of substandard dwelling conditions.
  297         c. The structural and aesthetic improvement of existing
  298  housing.
  299         d. The provision of adequate sites for future housing,
  300  including affordable workforce housing as defined in s.
  301  380.0651(3)(h), housing for low-income, very low-income, and
  302  moderate-income families, mobile homes, and group home
  303  facilities and foster care facilities, with supporting
  304  infrastructure and public facilities. The element may include
  305  provisions that specifically address affordable housing for
  306  persons 60 years of age or older. Real property that is conveyed
  307  to a local government for affordable housing under this sub
  308  subparagraph shall be disposed of by the local government
  309  pursuant to s. 125.379 or s. 166.0451.
  310         e. Provision for relocation housing and identification of
  311  historically significant and other housing for purposes of
  312  conservation, rehabilitation, or replacement.
  313         f. The formulation of housing implementation programs.
  314         g. The creation or preservation of affordable housing to
  315  minimize the need for additional local services and avoid the
  316  concentration of affordable housing units only in specific areas
  317  of the jurisdiction.
  318         2. The principles, guidelines, standards, and strategies of
  319  the housing element must be based on the data and analysis
  320  prepared on housing needs, including an inventory taken from the
  321  latest decennial United States Census or more recent estimates,
  322  which shall include the number and distribution of dwelling
  323  units by type, tenure, age, rent, value, monthly cost of owner
  324  occupied units, and rent or cost to income ratio, and shall show
  325  the number of dwelling units that are substandard. The data and
  326  analysis inventory shall also include the methodology used to
  327  estimate the condition of housing, a projection of the
  328  anticipated number of households by size, income range, and age
  329  of residents derived from the population projections, and the
  330  minimum housing need of the current and anticipated future
  331  residents of the jurisdiction.
  332         3. The housing element must express principles, guidelines,
  333  standards, and strategies that reflect, as needed, the creation
  334  and preservation of affordable housing for all current and
  335  anticipated future residents of the jurisdiction, elimination of
  336  substandard housing conditions, adequate sites, and distribution
  337  of housing for a range of incomes and types, including mobile
  338  and manufactured homes. The element must provide for specific
  339  programs and actions to partner with private and nonprofit
  340  sectors to address housing needs in the jurisdiction, streamline
  341  the permitting process, and minimize costs and delays for
  342  affordable housing, establish standards to address the quality
  343  of housing, stabilization of neighborhoods, and identification
  344  and improvement of historically significant housing.
  345         4. State and federal housing plans prepared on behalf of
  346  the local government must be consistent with the goals,
  347  objectives, and policies of the housing element. Local
  348  governments are encouraged to use job training, job creation,
  349  and economic solutions to address a portion of their affordable
  350  housing concerns.
  351         (h)1. An intergovernmental coordination element showing
  352  relationships and stating principles and guidelines to be used
  353  in coordinating the adopted comprehensive plan with the plans of
  354  school boards, regional water supply authorities, and other
  355  units of local government providing services but not having
  356  regulatory authority over the use of land, with the
  357  comprehensive plans of adjacent municipalities, the county,
  358  adjacent counties, or the region, with the state comprehensive
  359  plan and with the applicable regional water supply plan approved
  360  pursuant to s. 373.709, as the case may require and as such
  361  adopted plans or plans in preparation may exist. This element of
  362  the local comprehensive plan must demonstrate consideration of
  363  the particular effects of the local plan, when adopted, upon the
  364  development of adjacent municipalities, the county, adjacent
  365  counties, or the region, or upon the state comprehensive plan,
  366  as the case may require.
  367         a. The intergovernmental coordination element must provide
  368  procedures for identifying and implementing joint planning
  369  areas, especially for the purpose of annexation, municipal
  370  incorporation, and joint infrastructure service areas.
  371         b. The intergovernmental coordination element shall provide
  372  for a dispute resolution process, as established pursuant to s.
  373  186.509, for bringing intergovernmental disputes to closure in a
  374  timely manner.
  375         c. The intergovernmental coordination element shall provide
  376  for interlocal agreements as established pursuant to s.
  377  333.03(1)(b).
  378         2. The intergovernmental coordination element shall also
  379  state principles and guidelines to be used in coordinating the
  380  adopted comprehensive plan with the plans of school boards and
  381  other units of local government providing facilities and
  382  services but not having regulatory authority over the use of
  383  land. In addition, the intergovernmental coordination element
  384  must describe joint processes for collaborative planning and
  385  decisionmaking on population projections and public school
  386  siting, the location and extension of public facilities subject
  387  to concurrency, and siting facilities with countywide
  388  significance, including locally unwanted land uses whose nature
  389  and identity are established in an agreement.
  390         3. Within 1 year after adopting their intergovernmental
  391  coordination elements, each county, all the municipalities
  392  within that county, the district school board, and any unit of
  393  local government service providers in that county shall
  394  establish by interlocal or other formal agreement executed by
  395  all affected entities, the joint processes described in this
  396  subparagraph consistent with their adopted intergovernmental
  397  coordination elements. The agreement element must:
  398         a. Ensure that the local government addresses through
  399  coordination mechanisms the impacts of development proposed in
  400  the local comprehensive plan upon development in adjacent
  401  municipalities, the county, adjacent counties, the region, and
  402  the state. The area of concern for municipalities shall include
  403  adjacent municipalities, the county, and counties adjacent to
  404  the municipality. The area of concern for counties shall include
  405  all municipalities within the county, adjacent counties, and
  406  adjacent municipalities.
  407         b. Ensure coordination in establishing level of service
  408  standards for public facilities with any state, regional, or
  409  local entity having operational and maintenance responsibility
  410  for such facilities.
  411  
  412  
  413  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  414         And the directory clause is amended as follows:
  415         Delete lines 164 - 165
  416  and insert:
  417         Section 4. Paragraph (f) of subsection (1) and paragraphs
  418  (a), (f), and (h) of subsection (6) of section 163.3177, Florida
  419  Statutes, are amended to read:
  420  
  421  ================= T I T L E  A M E N D M E N T ================
  422         And the title is amended as follows:
  423         Delete lines 14 - 16
  424  and insert:
  425         local government; amending s. 163.3177, F.S.;
  426         requiring estimates and projections of comprehensive
  427         plans to be based upon publications by the Office of
  428         Economic and Demographic Research; providing criteria
  429         for population projections; revising the housing and
  430         intergovernmental coordination elements of
  431         comprehensive plans; amending s.