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House Bill 1641

Florida House of Representatives - 1997 HB 1641 By Representative Livingston 1 A bill to be entitled 2 An act relating to comprehensive planning and 3 land management; amending s. 163.3187, F.S.; 4 providing that the limitation on frequency of 5 amendments to a local government's adopted 6 comprehensive plan does not apply to amendments 7 to, or related to, the schedule of capital 8 improvements of the capital improvements 9 element; providing that such amendments require 10 only one public hearing; directing the 11 Department of Community Affairs to evaluate 12 statutory requirements for evaluation and 13 appraisal of comprehensive plans, in 14 consultation with a technical committee; 15 requiring a report; amending s. 380.051, F.S.; 16 removing the requirement that the state land 17 planning agency, the Department of 18 Environmental Protection, the Department of 19 Health, and other state and regional agencies 20 establish by rule procedures for coordinated 21 agency review for projects in the Florida Keys 22 area of critical state concern and requiring 23 interagency agreements with respect thereto; 24 amending s. 380.06, F.S.; removing the 25 requirement that the state land planning agency 26 establish by rule procedures and criteria for a 27 developer to petition for authorization to 28 submit a proposed areawide development of 29 regional impact for a defined planning area; 30 providing an effective date. 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1641 549-138-97 1 Be It Enacted by the Legislature of the State of Florida: 2 3 Section 1. Paragraph (f) is added to subsection (1) of 4 section 163.3187, Florida Statutes, 1996 Supplement, to read: 5 163.3187 Amendment of adopted comprehensive plan.-- 6 (1) Amendments to comprehensive plans adopted pursuant 7 to this part may be made not more than two times during any 8 calendar year, except: 9 (f) A local government comprehensive plan amendment to 10 the schedule of capital improvements of the capital 11 improvements element, and any amendments directly related to 12 the schedule of capital improvements. Such amendments may be 13 processed in accordance with the annual budgeting and capital 14 improvements programming process of the local government. Any 15 plan amendment adopted pursuant to this paragraph requires 16 only one public hearing before the governing body of the local 17 government. 18 Section 2. The Department of Community Affairs shall 19 evaluate statutory provisions relating to the evaluation and 20 appraisal of comprehensive plans required pursuant to s. 21 163.3191, Florida Statutes, and shall consider changes to 22 these statutes, in consultation with a technical committee of 23 at least 15 members, appointed by the Secretary of Community 24 Affairs. The membership of the committee shall be 25 representative of local governments, regional planning 26 councils, the private sector, and environmental organizations. 27 On or before December 15, 1997, the state land planning agency 28 shall report to the Governor, the President of the Senate, and 29 the Speaker of the House of Representatives on its 30 recommendations for appropriate changes to the requirements 31 for evaluation and appraisal of comprehensive plans in chapter 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1641 549-138-97 1 163, Florida Statutes, on funding for local governments with 2 respect thereto, and on the roles of state agencies in 3 assisting local governments with such requirements. 4 Section 3. Section 380.051, Florida Statutes, is 5 amended to read: 6 380.051 Coordinated agency review; Florida Keys 7 area.-- 8 (1)(a) In order to facilitate the planning and 9 preparation of permit applications for projects in the Florida 10 Keys area of critical state concern, and in order to 11 coordinate the information required to issue such permits, a 12 developer may elect to request coordinated agency review under 13 this section at the time of application for a development 14 permit subject to s. 380.05. 15 (b) "Coordinated agency review" means review of the 16 proposed location, densities, intensity of use, character, 17 major design features, and environmental impacts of a proposed 18 development in the Florida Keys area of critical state concern 19 required to undergo review under s. 380.05 for the purposes of 20 considering whether these aspects of the proposed development 21 comply with the certifying agency's statutes and rules. 22 (2)(a) The state land planning agency shall, in 23 cooperation with state and regional agencies, develop by rule 24 a coordinated agency review procedure in the Florida Keys area 25 of critical state concern by January 1, 1987. If a developer 26 chooses to seek review under this section, the developer shall 27 complete a coordinated review application and the state land 28 planning agency shall distribute copies of the application to 29 participating agencies. Each state and regional agency with 30 jurisdiction over the project shall certify, within 60 days of 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1641 549-138-97 1 receipt of such application, whether the project is consistent 2 with agency statutes and rules. 3 (b) The Department of Environmental Protection, the 4 Department of Health and Rehabilitative Services, and other 5 state and regional agencies that require permits in the 6 Florida Keys area of critical state concern shall, within 180 7 days after the effective date of this act, enter into 8 interagency agreements with the state land planning agency 9 which establish, by rule, a set of procedures necessary for 10 coordinated agency review created pursuant to this section. 11 Such procedures shall be consistent with the procedures 12 developed pursuant to paragraph (a). 13 (c) State and regional agencies shall enter into 14 intergovernmental agreements with local governments in the 15 Florida Keys area of critical state concern to coordinate 16 their permit review, including delegation of review authority 17 to local governments, where applicable, to ensure that state 18 and regional agency decisions are reached in coordination with 19 the local government decision on the local government order. 20 (3) State and regional agencies shall coordinate with 21 local governments and, when possible, federal permitting 22 agencies to standardize, to the extent possible, review 23 procedures, data requirements, and data collection 24 methodologies among all participating agencies operating in 25 the Florida Keys area of critical state concern consistent 26 with the requirements of the statutes for permitting programs 27 for each agency. The state land planning agency shall, by 28 rule, establish minimum procedures for this subsection. 29 Section 4. Paragraphs (a), (b), (d), and (f) of 30 subsection (25) of section 380.06, Florida Statutes, 1996 31 Supplement, are amended to read: 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1641 549-138-97 1 380.06 Developments of regional impact.-- 2 (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.-- 3 (a) An authorized developer may submit an areawide 4 development of regional impact to be reviewed pursuant to the 5 procedures and standards set forth in this section. The 6 areawide development-of-regional-impact review shall include 7 an areawide development plan in addition to any other 8 information required under by rule pursuant to this section. 9 After review and approval of an areawide development of 10 regional impact under this section, all development within the 11 defined planning area shall conform to the approved areawide 12 development plan and development order. Individual 13 developments that conform to the approved areawide development 14 plan shall not be required to undergo further 15 development-of-regional-impact review, unless otherwise 16 provided in the development order. As used in this 17 subsection, the term: 18 1. "Areawide development plan" means a plan of 19 development that, at a minimum: 20 a. Encompasses a defined planning area approved 21 pursuant to this subsection that will include at least two or 22 more developments; 23 b. Maps and defines the land uses proposed, including 24 the amount of development by use and development phasing; 25 c. Integrates a capital improvements program for 26 transportation and other public facilities to ensure 27 development staging contingent on availability of facilities 28 and services; 29 d. Incorporates land development regulation, 30 covenants, and other restrictions adequate to protect 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1641 549-138-97 1 resources and facilities of regional and state significance; 2 and 3 e. Specifies responsibilities and identifies the 4 mechanisms for carrying out all commitments in the areawide 5 development plan and for compliance with all conditions of any 6 areawide development order. 7 2. "Developer" means any person or association of 8 persons, including a governmental agency as defined in s. 9 380.031(6), that petitions for authorization to file an 10 application for development approval for an areawide 11 development plan. 12 (b) The state land planning agency shall establish by 13 rule procedures and criteria for A developer may to petition 14 for authorization to submit a proposed areawide development of 15 regional impact for a defined planning area in accordance with 16 the following requirements. At a minimum, the rules shall 17 provide for: 18 1. A petition that shall be submitted to the local 19 government, the regional planning agency, and the state land 20 planning agency. 21 2. A public hearing or joint public hearing shall be 22 held if required by paragraph (e), with appropriate notice, 23 before the affected local government. 24 3. The state land planning agency shall apply the 25 following criteria for evaluating a petition, including, but 26 not limited to: 27 a. Whether the developer is financially capable of 28 processing the application for development approval through 29 final approval pursuant to this section. 30 b. Whether the defined planning area and anticipated 31 development therein appear to be of a character, magnitude, 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1641 549-138-97 1 and location that a proposed areawide development plan would 2 be in the public interest. The rules shall specify that Any 3 public interest determination under this criterion is 4 preliminary and not binding on the state land planning agency, 5 regional planning agency, or local government. 6 4. The state land planning agency shall develop and 7 make available standard forms for petitions and applications 8 for development approval for use under this subsection. 9 (d) A general purpose local government with 10 jurisdiction over an area to be considered in an areawide 11 development of regional impact shall not have to petition 12 itself for authorization to prepare and consider an 13 application for development approval for an areawide 14 development plan. However, such a local government shall 15 initiate the preparation of an application only: 16 1. After scheduling and conducting a public hearing as 17 specified in paragraph (e); and 18 2. After conducting such hearing, finding that the 19 planning area meets the standards and criteria established by 20 the state land planning agency pursuant to subparagraph (b)3. 21 for determining that an areawide development plan will be in 22 the public interest. 23 (f) Following the public hearing, the local government 24 shall issue a written order, appealable under s. 380.07, which 25 approves, approves with conditions, or denies the petition. 26 It shall approve the petitioner as the developer if it finds 27 that the petitioner and defined planning area meet the 28 standards and criteria, consistent with applicable law, 29 pursuant to subparagraph (b)3. established by the state land 30 planning agency. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1641 549-138-97 1 Section 5. This act shall take effect upon becoming a 2 law. 3 4 ***************************************** 5 HOUSE SUMMARY 6 Provides that the limitation on frequency of amendments 7 to a local government's adopted comprehensive plan does not apply to amendments to, or related to, the schedule 8 of capital improvements of the capital improvements element. Provides that such amendments require only one 9 public hearing. 10 Directs the Department of Community Affairs to evaluate 11 statutory requirements for evaluation and appraisal of comprehensive plans, in consultation with a technical 12 committee, and requires a report. 13 Removes the requirement that the state land planning 14 agency, the Department of Environmental Protection, the Department of Health, and other state and regional 15 agencies establish by rule procedures for coordinated agency review for projects in the Florida Keys area of 16 critical state concern, and requires interagency agreements with respect thereto. 17 18 Removes the requirement that the state land planning agency establish by rule procedures and criteria for a 19 developer to petition for authorization to submit a proposed areawide development of regional impact for a 20 defined planning area. 21 22 23 24 25 26 27 28 29 30 31 8