Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 1216 Ì159278VÎ159278 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/17/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Simpson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (14) is added to section 163.3246, 6 Florida Statutes, to read: 7 163.3246 Local government comprehensive planning 8 certification program.— 9 (14) It is the intent of the Legislature to encourage the 10 creation of connected-city corridors that facilitate the growth 11 of high-technology industry and innovation through partnerships 12 that support research, marketing, workforce, and 13 entrepreneurship. It is the intent of the Legislature to provide 14 for a locally controlled, comprehensive plan amendment process 15 for such projects that are designed to achieve a cleaner, 16 healthier environment; limit urban sprawl by promoting diverse 17 but interconnected communities; provide a range of 18 intergenerational housing types; protect wildlife and natural 19 areas; assure the efficient use of land and other resources; 20 create quality communities of a design that promotes alternative 21 transportation networks and travel by multiple transportation 22 modes; and enhance the prospects for the creation of jobs. The 23 Legislature finds and declares that this state’s connected-city 24 corridors require a reduced level of state and regional 25 oversight because of their high degree of urbanization and the 26 planning capabilities and resources of the local government. 27 (a) Notwithstanding subsections (2), (4), (5), (6), and 28 (7), Pasco County is named a pilot community and shall be 29 considered certified for a period of 10 years for connected-city 30 corridor plan amendments. The state land planning agency shall 31 provide a written notice of certification to Pasco County by 32 July 15, 2015, which shall be considered a final agency action 33 subject to challenge under s. 120.569. The notice of 34 certification must include: 35 1. The boundary of the connected-city corridor 36 certification area; and 37 2. A requirement that Pasco County submit an annual or 38 biennial monitoring report to the state land planning agency 39 according to the schedule provided in the written notice. The 40 monitoring report shall, at a minimum, include the number of 41 amendments to the comprehensive plan adopted by Pasco County, 42 the number of plan amendments challenged by an affected person, 43 and the disposition of such challenges. 44 (b) A plan amendment adopted under this subsection may be 45 based upon a planning period longer than the generally 46 applicable planning period of the Pasco County local 47 comprehensive plan, shall specify the projected population 48 within the planning area during the chosen planning period, may 49 include a phasing or staging schedule that allocates a portion 50 of Pasco County’s future growth to the planning area through the 51 planning period, and may designate a priority zone or subarea 52 within the connected-city corridor for initial implementation of 53 the plan. A plan amendment adopted under this subsection is not 54 required to demonstrate need based upon projected population 55 growth or on any other basis. 56 (c) If Pasco County adopts a long-term transportation 57 network plan and financial feasibility plan, and subject to 58 compliance with the requirements of such a plan, the projects 59 within the connected-city corridor are deemed to have satisfied 60 all concurrency and other state agency or local government 61 transportation mitigation requirements except for site-specific 62 access management requirements. 63 (d) If Pasco County does not request that the state land 64 planning agency review the developments of regional impact that 65 are proposed within the certified area, an application for 66 approval of a development order within the certified area is 67 exempt from review under s. 380.06. 68 (e) The Office of Program Policy Analysis and Government 69 Accountability (OPPAGA) shall submit to the Governor, the 70 President of the Senate, and the Speaker of the House of 71 Representatives by December 1, 2024, a report and 72 recommendations for implementing a statewide program that 73 addresses the legislative findings in this subsection. In 74 consultation with the state land planning agency, OPPAGA shall 75 develop the report and recommendations with input from other 76 state and regional agencies, local governments, and interest 77 groups. OPPAGA shall also solicit citizen input in the 78 potentially affected areas and consult with the affected local 79 government and stakeholder groups. Additionally, OPPAGA shall 80 review local and state actions and correspondence relating to 81 the pilot program to identify issues of process and substance in 82 recommending changes to the pilot program. At a minimum, the 83 report and recommendations must include: 84 1. Identification of local governments other than the local 85 government participating in the pilot program which should be 86 certified. The report may also recommend that a local government 87 is no longer appropriate for certification; and 88 2. Changes to the certification pilot program. 89 Section 2. Subsection (2) of section 190.005, Florida 90 Statutes, is amended to read: 91 190.005 Establishment of district.— 92 (2) The exclusive and uniform method for the establishment 93 of a community development district of less than 1,000 acres in 94 size or a community development district of up to 2,000 acres in 95 size located within a connected-city corridor established 96 pursuant to s. 163.3246(14) shall be pursuant to an ordinance 97 adopted by the county commission of the county having 98 jurisdiction over the majority of land in the area in which the 99 district is to be located granting a petition for the 100 establishment of a community development district as follows: 101 (a) A petition for the establishment of a community 102 development district shall be filed by the petitioner with the 103 county commission. The petition shall contain the same 104 information as required in paragraph (1)(a). 105 (b) A public hearing on the petition shall be conducted by 106 the county commission in accordance with the requirements and 107 procedures of paragraph (1)(d). 108 (c) The county commission shall consider the record of the 109 public hearing and the factors set forth in paragraph (1)(e) in 110 making its determination to grant or deny a petition for the 111 establishment of a community development district. 112 (d) The county commission shall not adopt any ordinance 113 which would expand, modify, or delete any provision of the 114 uniform community development district charter as set forth in 115 ss. 190.006-190.041. An ordinance establishing a community 116 development district shall only include the matters provided for 117 in paragraph (1)(f) unless the commission consents to any of the 118 optional powers under s. 190.012(2) at the request of the 119 petitioner. 120 (e) If all of the land in the area for the proposed 121 district is within the territorial jurisdiction of a municipal 122 corporation, then the petition requesting establishment of a 123 community development district under this act shall be filed by 124 the petitioner with that particular municipal corporation. In 125 such event, the duties of the county, hereinabove described, in 126 action upon the petition shall be the duties of the municipal 127 corporation. If any of the land area of a proposed district is 128 within the land area of a municipality, the county commission 129 may not create the district without municipal approval. If all 130 of the land in the area for the proposed district, even if less 131 than 1,000 acres, is within the territorial jurisdiction of two 132 or more municipalities, except for proposed districts within a 133 connected-city corridor established pursuant to s. 163.3246(14), 134 the petition shall be filed with the Florida Land and Water 135 Adjudicatory Commission and proceed in accordance with 136 subsection (1). 137 (f) Notwithstanding any other provision of this subsection, 138 within 90 days after a petition for the establishment of a 139 community development district has been filed pursuant to this 140 subsection, the governing body of the county or municipal 141 corporation may transfer the petition to the Florida Land and 142 Water Adjudicatory Commission, which shall make the 143 determination to grant or deny the petition as provided in 144 subsection (1). A county or municipal corporation shall have no 145 right or power to grant or deny a petition that has been 146 transferred to the Florida Land and Water Adjudicatory 147 Commission. 148 Section 3. This act shall take effect upon becoming a law. 149 150 ================= T I T L E A M E N D M E N T ================ 151 And the title is amended as follows: 152 Delete everything before the enacting clause 153 and insert: 154 A bill to be entitled 155 An act relating to connected-city corridors; amending 156 s. 163.3246; providing legislative intent; designating 157 Pasco County as a pilot community; requiring the state 158 land planning agency to provide a written 159 certification to Pasco County within a certain 160 timeframe; providing requirements for certain plan 161 amendments; requiring the Office of Program Policy 162 Analysis and Government Accountability to submit a 163 report and recommendations to the Governor and the 164 Legislature by a certain date; providing requirements 165 for the report; amending s. 190.005, F.S.; requiring 166 community development districts up to a certain size 167 located within a connected-city corridor to be 168 established pursuant to an ordinance; providing an 169 effective date.