Florida Senate - 2015 CS for SB 1216
By the Committee on Community Affairs; and Senator Simpson
578-02392-15 20151216c1
1 A bill to be entitled
2 An act relating to connected-city corridors; amending
3 s. 163.3246, F.S.; providing legislative intent;
4 designating Pasco County as a pilot community;
5 requiring the state land planning agency to provide a
6 written certification to Pasco County within a certain
7 timeframe; providing requirements for certain plan
8 amendments; requiring the Office of Program Policy
9 Analysis and Government Accountability to submit a
10 report and recommendations to the Governor and the
11 Legislature by a certain date; providing requirements
12 for the report; amending s. 190.005, F.S.; requiring
13 community development districts up to a certain size
14 located within a connected-city corridor to be
15 established pursuant to an ordinance; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (14) is added to section 163.3246,
21 Florida Statutes, to read:
22 163.3246 Local government comprehensive planning
23 certification program.—
24 (14) It is the intent of the Legislature to encourage the
25 creation of connected-city corridors that facilitate the growth
26 of high-technology industry and innovation through partnerships
27 that support research, marketing, workforce, and
28 entrepreneurship. It is the intent of the Legislature to provide
29 for a locally controlled, comprehensive plan amendment process
30 for such projects that are designed to achieve a cleaner,
31 healthier environment; limit urban sprawl by promoting diverse
32 but interconnected communities; provide a range of
33 intergenerational housing types; protect wildlife and natural
34 areas; assure the efficient use of land and other resources;
35 create quality communities of a design that promotes alternative
36 transportation networks and travel by multiple transportation
37 modes; and enhance the prospects for the creation of jobs. The
38 Legislature finds and declares that this state’s connected-city
39 corridors require a reduced level of state and regional
40 oversight because of their high degree of urbanization and the
41 planning capabilities and resources of the local government.
42 (a) Notwithstanding subsections (2), (4), (5), (6), and
43 (7), Pasco County is named a pilot community and shall be
44 considered certified for a period of 10 years for connected-city
45 corridor plan amendments. The state land planning agency shall
46 provide a written notice of certification to Pasco County by
47 July 15, 2015, which shall be considered a final agency action
48 subject to challenge under s. 120.569. The notice of
49 certification must include:
50 1. The boundary of the connected-city corridor
51 certification area; and
52 2. A requirement that Pasco County submit an annual or
53 biennial monitoring report to the state land planning agency
54 according to the schedule provided in the written notice. The
55 monitoring report shall, at a minimum, include the number of
56 amendments to the comprehensive plan adopted by Pasco County,
57 the number of plan amendments challenged by an affected person,
58 and the disposition of such challenges.
59 (b) A plan amendment adopted under this subsection may be
60 based upon a planning period longer than the generally
61 applicable planning period of the Pasco County local
62 comprehensive plan, shall specify the projected population
63 within the planning area during the chosen planning period, may
64 include a phasing or staging schedule that allocates a portion
65 of Pasco County’s future growth to the planning area through the
66 planning period, and may designate a priority zone or subarea
67 within the connected-city corridor for initial implementation of
68 the plan. A plan amendment adopted under this subsection is not
69 required to demonstrate need based upon projected population
70 growth or on any other basis.
71 (c) If Pasco County adopts a long-term transportation
72 network plan and financial feasibility plan, and subject to
73 compliance with the requirements of such a plan, the projects
74 within the connected-city corridor are deemed to have satisfied
75 all concurrency and other state agency or local government
76 transportation mitigation requirements except for site-specific
77 access management requirements.
78 (d) If Pasco County does not request that the state land
79 planning agency review the developments of regional impact that
80 are proposed within the certified area, an application for
81 approval of a development order within the certified area is
82 exempt from review under s. 380.06.
83 (e) The Office of Program Policy Analysis and Government
84 Accountability (OPPAGA) shall submit to the Governor, the
85 President of the Senate, and the Speaker of the House of
86 Representatives by December 1, 2024, a report and
87 recommendations for implementing a statewide program that
88 addresses the legislative findings in this subsection. In
89 consultation with the state land planning agency, OPPAGA shall
90 develop the report and recommendations with input from other
91 state and regional agencies, local governments, and interest
92 groups. OPPAGA shall also solicit citizen input in the
93 potentially affected areas and consult with the affected local
94 government and stakeholder groups. Additionally, OPPAGA shall
95 review local and state actions and correspondence relating to
96 the pilot program to identify issues of process and substance in
97 recommending changes to the pilot program. At a minimum, the
98 report and recommendations must include:
99 1. Identification of local governments other than the local
100 government participating in the pilot program which should be
101 certified. The report may also recommend that a local government
102 is no longer appropriate for certification; and
103 2. Changes to the certification pilot program.
104 Section 2. Subsection (2) of section 190.005, Florida
105 Statutes, is amended to read:
106 190.005 Establishment of district.—
107 (2) The exclusive and uniform method for the establishment
108 of a community development district of less than 1,000 acres in
109 size or a community development district of up to 2,000 acres in
110 size located within a connected-city corridor established
111 pursuant to s. 163.3246(14) shall be pursuant to an ordinance
112 adopted by the county commission of the county having
113 jurisdiction over the majority of land in the area in which the
114 district is to be located granting a petition for the
115 establishment of a community development district as follows:
116 (a) A petition for the establishment of a community
117 development district shall be filed by the petitioner with the
118 county commission. The petition shall contain the same
119 information as required in paragraph (1)(a).
120 (b) A public hearing on the petition shall be conducted by
121 the county commission in accordance with the requirements and
122 procedures of paragraph (1)(d).
123 (c) The county commission shall consider the record of the
124 public hearing and the factors set forth in paragraph (1)(e) in
125 making its determination to grant or deny a petition for the
126 establishment of a community development district.
127 (d) The county commission shall not adopt any ordinance
128 which would expand, modify, or delete any provision of the
129 uniform community development district charter as set forth in
130 ss. 190.006-190.041. An ordinance establishing a community
131 development district shall only include the matters provided for
132 in paragraph (1)(f) unless the commission consents to any of the
133 optional powers under s. 190.012(2) at the request of the
134 petitioner.
135 (e) If all of the land in the area for the proposed
136 district is within the territorial jurisdiction of a municipal
137 corporation, then the petition requesting establishment of a
138 community development district under this act shall be filed by
139 the petitioner with that particular municipal corporation. In
140 such event, the duties of the county, hereinabove described, in
141 action upon the petition shall be the duties of the municipal
142 corporation. If any of the land area of a proposed district is
143 within the land area of a municipality, the county commission
144 may not create the district without municipal approval. If all
145 of the land in the area for the proposed district, even if less
146 than 1,000 acres, is within the territorial jurisdiction of two
147 or more municipalities, except for proposed districts within a
148 connected-city corridor established pursuant to s. 163.3246(14),
149 the petition shall be filed with the Florida Land and Water
150 Adjudicatory Commission and proceed in accordance with
151 subsection (1).
152 (f) Notwithstanding any other provision of this subsection,
153 within 90 days after a petition for the establishment of a
154 community development district has been filed pursuant to this
155 subsection, the governing body of the county or municipal
156 corporation may transfer the petition to the Florida Land and
157 Water Adjudicatory Commission, which shall make the
158 determination to grant or deny the petition as provided in
159 subsection (1). A county or municipal corporation shall have no
160 right or power to grant or deny a petition that has been
161 transferred to the Florida Land and Water Adjudicatory
162 Commission.
163 Section 3. This act shall take effect upon becoming a law.