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House Bill 1641er

ENROLLED 1997 Legislature HB 1641, First Engrossed 1 2 An act relating to the Department of Community 3 Affairs; amending s. 163.3180, F.S.; revising 4 an exemption to the concurrency requirements of 5 local government comprehensive plans for 6 development that constitutes a de minimis 7 impact; amending s. 163.3184, F.S.; revising 8 the definition of the term "in compliance"; 9 revising the effective date of local government 10 comprehensive plans or amendments in an area of 11 critical state concern; amending s. 163.3187, 12 F.S.; providing that certain counties may adopt 13 certain small-scale amendments to the local 14 government comprehensive plan; creating an 15 exception to the requirement that local 16 governments adopt plan amendments twice a year; 17 amending s. 163.3189, F.S.; providing an 18 exception, applicable to local governments in 19 an area of critical state concern, to 20 procedures for effectuating a comprehensive 21 plan amendment after the commission's 22 determination of noncompliance; amending s. 23 380.05, F.S.; providing for state land planning 24 agency approval or rejection of certain local 25 government land development regulations by 26 agency order; providing for state land planning 27 agency approval or rejection of certain local 28 government comprehensive plans and amendments; 29 amending s. 380.051, F.S.; deleting certain 30 rulemaking duties of the department with 31 respect to the Florida Keys area of critical 1 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 state concern; amending s. 380.06, F.S.; 2 deleting certain rulemaking duties of the 3 department with respect to areawide 4 developments of regional impact; requiring an 5 evaluation of statutory provisions relating to 6 evaluation and appraisal of comprehensive 7 plans; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (6) of section 163.3180, Florida 12 Statutes, 1996 Supplement, is amended to read: 13 163.3180 Concurrency.-- 14 (6) The Legislature finds that a de minimis impact 15 that, alone or in combination with other similar or lesser 16 impacts, will not cause significant degradation of the 17 existing level of service on a transportation facility is 18 consistent with this part. A de minimis impact is an impact 19 that would not affect more than 1 percent of the maximum 20 volume at the adopted level of service of the affected 21 transportation facility as determined by the local government. 22 No impact will be de minimis if it would exceed 110 percent of 23 the sum of existing volumes and the projected volumes from 24 approved projects on a transportation facility; provided 25 however, that an impact of a single family home on an existing 26 lot will constitute a de minimis impact on all roadways 27 regardless of the level of the deficiency of the roadway. 28 Local governments are encouraged to adopt methodologies to 29 encourage de minimis impacts on transportation facilities 30 within an existing urban service area. Further, no impact will 31 be de minimis if it would exceed the adopted level of service 2 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 standard of any affected designated hurricane evacuation 2 routes. one that would not affect more than 0.1 percent of the 3 maximum volume at the adopted level-of-service standard of the 4 affected transportation facility as determined by the local 5 government, and that is caused by an increase in density or 6 intensity that is less than or equal to twice the density or 7 intensity of the existing land use or, in the case of vacant 8 land, is a density of less than 1 dwelling unit per quarter 9 acre or a floor area ratio of 0.1 for nonresidential uses. 10 Local governments are encouraged to adopt methodologies to 11 encourage de minimis impacts on transportation facilities 12 within an existing urban service area, when those impacts will 13 not in combination exceed a significant degradation threshold 14 of 3 percent of the maximum volume at the adopted 15 level-of-service standard of the affected transportation 16 facility based on the adopted level-of-service standard. 17 Section 2. Paragraph (b) of subsection (1) and 18 subsection (14) of section 163.3184, Florida Statutes, 1996 19 Supplement, are amended to read: 20 163.3184 Process for adoption of comprehensive plan or 21 plan amendment.-- 22 (1) DEFINITIONS.--As used in this section: 23 (b) "In compliance" means consistent with the 24 requirements of ss. 163.3177, 163.3178, and 163.3191, with the 25 state comprehensive plan, with the appropriate strategic 26 regional policy plan, and with chapter 9J-5, Florida 27 Administrative Code, where such rule is not inconsistent with 28 chapter 163, part II and with the principles for guiding 29 development in designated areas of critical state concern. 30 (14) AREAS OF CRITICAL STATE CONCERN.--No proposed 31 local government comprehensive plan or plan amendment which is 3 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 applicable to a designated area of critical state concern 2 shall be effective until a final order is issued finding the 3 plan or amendment to be in compliance as defined in this 4 section. it has been reviewed and approved as provided in s. 5 380.05. 6 Section 3. Subsection (1) of section 163.3187, Florida 7 Statutes, 1996 Supplement, is amended to read: 8 163.3187 Amendment of adopted comprehensive plan.-- 9 (1) Amendments to comprehensive plans adopted pursuant 10 to this part may be made not more than two times during any 11 calendar year, except: 12 (a) In the case of an emergency, comprehensive plan 13 amendments may be made more often than twice during the 14 calendar year if the additional plan amendment receives the 15 approval of all of the members of the governing body. 16 "Emergency" means any occurrence or threat thereof whether 17 accidental or natural, caused by humankind, in war or peace, 18 which results or may result in substantial injury or harm to 19 the population or substantial damage to or loss of property or 20 public funds. 21 (b) Any local government comprehensive plan amendments 22 directly related to a proposed development of regional impact, 23 including changes which have been determined to be substantial 24 deviations and including Florida Quality Developments pursuant 25 to s. 380.061, may be initiated by a local planning agency and 26 considered by the local governing body at the same time as the 27 application for development approval using the procedures 28 provided for local plan amendment in this section and 29 applicable local ordinances, without regard to statutory or 30 local ordinance limits on the frequency of consideration of 31 amendments to the local comprehensive plan. Nothing in this 4 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 subsection shall be deemed to require favorable consideration 2 of a plan amendment solely because it is related to a 3 development of regional impact. 4 (c) Any local government comprehensive plan amendments 5 directly related to proposed small scale development 6 activities may be approved without regard to statutory limits 7 on the frequency of consideration of amendments to the local 8 comprehensive plan. A small scale development amendment may 9 be adopted only under the following conditions: 10 1. The proposed amendment involves a use of 10 acres 11 or fewer and: 12 a. The cumulative annual effect of the acreage for all 13 small scale development amendments adopted by the local 14 government shall not exceed: 15 (I) A maximum of 120 acres in a local government that 16 contains areas specifically designated in the local 17 comprehensive plan for urban infill, urban redevelopment, or 18 downtown revitalization as defined in s. 163.3164, 19 transportation concurrency exception areas approved pursuant 20 to s. 163.3180(5), or regional activity centers and urban 21 central business districts approved pursuant to s. 22 380.06(2)(e); however, amendments under this paragraph may be 23 applied to no more than 60 acres annually of property outside 24 the designated areas listed in this sub-sub-subparagraph. 25 (II) A maximum of 80 acres in a local government that 26 does not contain any of the designated areas set forth in 27 sub-sub-subparagraph (I). 28 (III) A maximum of 120 acres in a county established 29 pursuant to Article VIII, Section 9 of the State Constitution. 30 b. The proposed amendment does not involve the same 31 property granted a change within the prior 12 months. 5 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 c. The proposed amendment does not involve the same 2 owner's property within 200 feet of property granted a change 3 within the prior 12 months. 4 d. The proposed amendment does not involve a text 5 change to the goals, policies, and objectives of the local 6 government's comprehensive plan, but only proposes a land use 7 change to the future land use map for a site-specific small 8 scale development activity. 9 e. The property that is the subject of the proposed 10 amendment is not located within an area of critical state 11 concern. 12 f. If the proposed amendment involves a residential 13 land use, the residential land use has a density of 10 units 14 or less per acre, except that this limitation does not apply 15 to small scale amendments described in sub-sub-subparagraph 16 a.(I) that are designated in the local comprehensive plan for 17 urban infill, urban redevelopment, or downtown revitalization 18 as defined in s. 163.3164, transportation concurrency 19 exception areas approved pursuant to s. 163.3180(5), or 20 regional activity centers and urban central business districts 21 approved pursuant to s. 380.06(2)(e). 22 2.a. A local government that proposes to consider a 23 plan amendment pursuant to this paragraph is not required to 24 comply with the procedures and public notice requirements of 25 s. 163.3184(15)(c) for such plan amendments if the local 26 government complies with the provisions in s. 125.66(4)(a) for 27 a county or in s. 166.041(3)(c) for a municipality. If a 28 request for a plan amendment under this paragraph is initiated 29 by other than the local government, public notice is required. 30 b. The local government shall send copies of the 31 notice and amendment to the state land planning agency, the 6 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 regional planning council, and any other person or entity 2 requesting a copy. This information shall also include a 3 statement identifying any property subject to the amendment 4 that is located within a coastal high hazard area as 5 identified in the local comprehensive plan. 6 3. Small scale development amendments adopted pursuant 7 to this paragraph require only one public hearing before the 8 governing board, which shall be an adoption hearing as 9 described in s. 163.3184(7), and are not subject to the 10 requirements of s. 163.3184(3)-(6) unless the local government 11 elects to have them subject to those requirements. 12 (d) Any comprehensive plan amendment required by a 13 compliance agreement pursuant to s. 163.3184(16) may be 14 approved without regard to statutory limits on the frequency 15 of adoption of amendments to the comprehensive plan. 16 (e) A comprehensive plan amendment for location of a 17 state correctional facility. Such an amendment may be made at 18 any time and does not count toward the limitation on the 19 frequency of plan amendments. 20 (f) Any comprehensive plan amendment that changes the 21 schedule in the capital improvements element, and any 22 amendments directly related to the schedule, may be made once 23 in a calendar year on a date different from the two times 24 provided in this subsection when necessary to coincide with 25 the adoption of the local government's budget and capital 26 improvements program. 27 Section 4. Paragraph (b) of subsection (2) of section 28 163.3189, Florida Statutes, 1996 Supplement, is amended to 29 read: 30 163.3189 Process for amendment of adopted 31 comprehensive plan.-- 7 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 (2) A local government which has a comprehensive plan 2 that has been found to be in compliance may amend its 3 comprehensive plan as set forth in s. 163.3184, with the 4 following exceptions: 5 (b) If the Administration Commission, upon a hearing 6 pursuant to s. 163.3184, finds that the adopted plan amendment 7 is not in compliance, the commission shall specify actions 8 that would bring the plan amendment into compliance, and may 9 specify the sanctions provided in s. 163.3184(11) to which the 10 local government will be subject if it elects to make the 11 amendment effective notwithstanding the determination of 12 noncompliance. However, after the final order of the 13 commission, the local government, except in designated areas 14 of critical state concern by resolution at a public meeting 15 after public notice, may elect to make the amendment effective 16 by resolution at a public meeting after public notice and be 17 subject to sanctions pursuant to s. 163.3184(11). If the 18 local government enacts the remedial actions specified in the 19 commission's final order, the local government shall no longer 20 be subject to sanctions. 21 Section 5. Subsections (6) and (8) of section 380.05, 22 Florida Statutes, 1996 Supplement, are amended to read: 23 380.05 Areas of critical state concern.-- 24 (6) Once If the state land planning agency determines 25 whether finds that the land development regulations or and 26 local comprehensive plan or amendment submitted by a local 27 government is consistent comply with the principles for 28 guiding the development of the area specified under the rule 29 designating the area, the state land planning agency shall by 30 rule approve or reject the land development regulations or 31 portions thereof by final order, and shall determine 8 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 compliance of the plan or amendment, or portions thereof, 2 pursuant to s. 163.3184. The state land planning agency shall 3 publish its final order to approve or reject land development 4 regulations, which shall constitute final agency action, in 5 the Florida Administrative Weekly. If the final order is 6 challenged pursuant to s. 120.57, the state planning agency 7 has the burden of proving the validity of the final order and 8 plan. Such approval or rejection of the land development 9 regulations shall be no later than 60 days after submission of 10 the land development regulations and plan by the local 11 government. No proposed land development regulation or local 12 comprehensive plan within an area of critical state concern 13 becomes effective under this subsection until the state land 14 planning agency issues its final order or, if the final order 15 is challenged, until the challenge to the order is resolved 16 pursuant to chapter 120 rule approving it becomes effective. 17 (8) If any local government fails to submit land 18 development regulations or a local comprehensive plan within 19 180 days after the commission adopts a rule designating an 20 area of critical state concern, or if the regulations or plan 21 or plan amendment submitted do not comply with the principles 22 for guiding development set out in the rule designating the 23 area of critical state concern, in either case, within 120 24 days after the adoption of the rule designating an area of 25 critical state concern, or within 120 days after the issuance 26 of a recommended order on the compliance of the plan or plan 27 amendment pursuant to section 163.3184, or within 120 days 28 after the effective date of an order rejecting a proposed land 29 development regulation, the state land planning agency shall 30 submit to the commission recommended land development 31 regulations and a local comprehensive plan or portions thereof 9 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 applicable to that local government's portion of the area of 2 critical state concern. Within 45 days following receipt of 3 the recommendation from the agency, the commission shall 4 either reject the recommendation as tendered or adopt the 5 recommendation with or without modification, and by rule 6 establish land development regulations and a local 7 comprehensive plan applicable to that local government's 8 portion of the area of critical state concern. However, such 9 rule shall not become effective prior to legislative review of 10 an area of critical state concern pursuant to paragraph 11 (1)(c). In the rule, the commission shall specify the extent 12 to which its land development regulations, and plans, or plan 13 amendments will supersede, or will be supplementary to, local 14 land development regulations and plans. Notice of any 15 proposed rule issued under this section shall be given to all 16 local governments and regional planning agencies in the area 17 of critical state concern, in addition to any other notice 18 required under chapter 120. The land development regulations 19 and local comprehensive plan adopted by the commission under 20 this section may include any type of regulation and plan that 21 could have been adopted by the local government. Any land 22 development regulations or local comprehensive plan or plan 23 amendments adopted by the commission under this section shall 24 be administered by the local government as part of, or in the 25 absence of, the local land development regulations and local 26 comprehensive plan. 27 Section 6. Section 380.051, Florida Statutes, is 28 amended to read: 29 380.051 Coordinated agency review; Florida Keys 30 area.-- 31 10 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 (1)(a) In order to facilitate the planning and 2 preparation of permit applications for projects in the Florida 3 Keys area of critical state concern, and in order to 4 coordinate the information required to issue such permits, a 5 developer may elect to request coordinated agency review under 6 this section at the time of application for a development 7 permit subject to s. 380.05. 8 (b) "Coordinated agency review" means review of the 9 proposed location, densities, intensity of use, character, 10 major design features, and environmental impacts of a proposed 11 development in the Florida Keys area of critical state concern 12 required to undergo review under s. 380.05 for the purposes of 13 considering whether these aspects of the proposed development 14 comply with the certifying agency's statutes and rules. 15 (2)(a) The state land planning agency shall, in 16 cooperation with state and regional agencies, develop by rule 17 a coordinated agency review procedure in the Florida Keys area 18 of critical state concern by January 1, 1987. If a developer 19 chooses to seek review under this section, the developer shall 20 complete a coordinated review application and the state land 21 planning agency shall distribute copies of the application to 22 participating agencies. Each state and regional agency with 23 jurisdiction over the project shall certify, within 60 days of 24 receipt of such application, whether the project is consistent 25 with agency statutes and rules. 26 (b) The Department of Environmental Protection, the 27 Department of Health and Rehabilitative Services, and other 28 state and regional agencies that require permits in the 29 Florida Keys area of critical state concern shall, within 180 30 days after the effective date of this act, enter into 31 interagency agreements with the state land planning agency to 11 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 establish, by rule, a set of procedures necessary for 2 coordinated agency review created pursuant to this section. 3 Such procedures shall be consistent with the procedures 4 developed pursuant to paragraph (a). 5 (c) State and regional agencies shall enter into 6 intergovernmental agreements with local governments in the 7 Florida Keys area of critical state concern to coordinate 8 their permit review, including delegation of review authority 9 to local governments, where applicable, to ensure that state 10 and regional agency decisions are reached in coordination with 11 the local government decision on the local government order. 12 (3) State and regional agencies shall coordinate with 13 local governments and, when possible, federal permitting 14 agencies to standardize, to the extent possible, review 15 procedures, data requirements, and data collection 16 methodologies among all participating agencies operating in 17 the Florida Keys area of critical state concern consistent 18 with the requirements of the statutes for permitting programs 19 for each agency. The state land planning agency shall, by 20 rule, establish minimum procedures for this subsection. 21 Section 7. Paragraphs (a), (b), (d), and (f) of 22 subsection (25) of section 380.06, Florida Statutes, 1996 23 Supplement, are amended to read: 24 380.06 Developments of regional impact.-- 25 (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.-- 26 (a) An authorized developer may submit an areawide 27 development of regional impact to be reviewed pursuant to the 28 procedures and standards set forth in this section. The 29 areawide development-of-regional-impact review shall include 30 an areawide development plan in addition to any other 31 information required under by rule pursuant to this section. 12 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 After review and approval of an areawide development of 2 regional impact under this section, all development within the 3 defined planning area shall conform to the approved areawide 4 development plan and development order. Individual 5 developments that conform to the approved areawide development 6 plan shall not be required to undergo further 7 development-of-regional-impact review, unless otherwise 8 provided in the development order. As used in this 9 subsection, the term: 10 1. "Areawide development plan" means a plan of 11 development that, at a minimum: 12 a. Encompasses a defined planning area approved 13 pursuant to this subsection that will include at least two or 14 more developments; 15 b. Maps and defines the land uses proposed, including 16 the amount of development by use and development phasing; 17 c. Integrates a capital improvements program for 18 transportation and other public facilities to ensure 19 development staging contingent on availability of facilities 20 and services; 21 d. Incorporates land development regulation, 22 covenants, and other restrictions adequate to protect 23 resources and facilities of regional and state significance; 24 and 25 e. Specifies responsibilities and identifies the 26 mechanisms for carrying out all commitments in the areawide 27 development plan and for compliance with all conditions of any 28 areawide development order. 29 2. "Developer" means any person or association of 30 persons, including a governmental agency as defined in s. 31 380.031(6), that petitions for authorization to file an 13 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 application for development approval for an areawide 2 development plan. 3 (b) The state land planning agency shall establish by 4 rule procedures and criteria for A developer may to petition 5 for authorization to submit a proposed areawide development of 6 regional impact for a defined planning area in accordance with 7 the following requirements. At a minimum, the rules shall 8 provide for: 9 1. A petition that shall be submitted to the local 10 government, the regional planning agency, and the state land 11 planning agency. 12 2. A public hearing or joint public hearing shall be 13 held if required by paragraph (e), with appropriate notice, 14 before the affected local government. 15 3. The state land planning agency shall apply the 16 following criteria for evaluating a petition, including, but 17 not limited to: 18 a. Whether the developer is financially capable of 19 processing the application for development approval through 20 final approval pursuant to this section. 21 b. Whether the defined planning area and anticipated 22 development therein appear to be of a character, magnitude, 23 and location that a proposed areawide development plan would 24 be in the public interest. The rules shall specify that Any 25 public interest determination under this criterion is 26 preliminary and not binding on the state land planning agency, 27 regional planning agency, or local government. 28 4. The state land planning agency shall develop and 29 make available standard forms for petitions and applications 30 for development approval for use under this subsection. 31 14 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 (d) A general purpose local government with 2 jurisdiction over an area to be considered in an areawide 3 development of regional impact shall not have to petition 4 itself for authorization to prepare and consider an 5 application for development approval for an areawide 6 development plan. However, such a local government shall 7 initiate the preparation of an application only: 8 1. After scheduling and conducting a public hearing as 9 specified in paragraph (e); and 10 2. After conducting such hearing, finding that the 11 planning area meets the standards and criteria established by 12 the state land planning agency pursuant to subparagraph (b)3. 13 for determining that an areawide development plan will be in 14 the public interest. 15 (f) Following the public hearing, the local government 16 shall issue a written order, appealable under s. 380.07, which 17 approves, approves with conditions, or denies the petition. 18 It shall approve the petitioner as the developer if it finds 19 that the petitioner and defined planning area meet the 20 standards and criteria, consistent with applicable law, 21 pursuant to subparagraph (b)3. established by the state land 22 planning agency. 23 Section 8. The state land planning agency shall 24 evaluate statutory provisions relating to the evaluation and 25 appraisal of comprehensive plans required pursuant to section 26 163.3191, Florida Statutes, and shall consider changes to the 27 statutes, as well as to all pertinent rules associated with 28 the statutes. The evaluation shall include the local 29 government's overall character, including coastal areas and 30 areas of critical state concern, as well as the number of 31 comprehensive plan amendments. Special emphasis shall be given 15 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1641, First Engrossed 1 in this overall evaluation to small governments, including 2 municipalities with a population of 10,000 or less, as 3 calculated based on the University of Florida Bureau of 4 Business Research's population estimates for the State of 5 Florida and certified as official by the Executive Office of 6 the Governor and small counties, as defined in applicable law. 7 The evaluation shall be conducted in consultation with a 8 technical committee of at least 15 members, appointed by the 9 secretary of the state land planning agency. The membership 10 shall be representative of local governments, regional 11 planning councils, the private sector, and environmental 12 organizations. On or before December 15, 1997, the state land 13 planning agency shall report to the Governor, the President of 14 the Senate, and the Speaker of the House of Representatives on 15 its recommendations for appropriate changes to the 16 requirements for evaluation and appraisal of comprehensive 17 plans in chapter 163, Florida Statutes, funding for local 18 governments, and the roles of state agencies in assisting 19 local governments. 20 Section 9. This act shall take effect upon becoming a 21 law. 22 23 24 25 26 27 28 29 30 31 16