CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Meadows moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 55, between lines 5 and 6,
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16 insert:
17 Section 26. Sections 163.2511, 163.2514, 163.2517,
18 163.2520, 163.2523, and 163.2526, Florida Statutes, are
19 created to read:
20 163.2511 Urban infill and redevelopment.--
21 (1) Sections 163.2511-163.2526 may be cited as the
22 "Urban Infill and Redevelopment Act."
23 (2) It is found and declared that:
24 (a) Fiscally strong urban centers are beneficial to
25 regional and state economies and resources, are a method for
26 reduction of future urban sprawl, and should be promoted by
27 state, regional, and local governments.
28 (b) The health and vibrancy of the urban cores benefit
29 their respective regions and the state. Conversely, the
30 deterioration of those urban cores negatively impacts the
31 surrounding area and the state.
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Amendment No.
1 (c) In recognition of the interwoven destiny between
2 the urban center, the suburbs, the region, and the state, the
3 respective governments need to establish a framework and work
4 in partnership with communities and the private sector to
5 revitalize urban centers.
6 (d) State urban policies should guide the state,
7 regional agencies, local governments, and the private sector
8 in preserving and redeveloping existing urban centers and
9 promoting the adequate provision of infrastructure, human
10 services, safe neighborhoods, educational facilities, and
11 economic development to sustain these centers into the future.
12 (e) Successfully revitalizing and sustaining the urban
13 centers is dependent on addressing, through an integrated and
14 coordinated community effort, a range of varied components
15 essential to a healthy urban environment, including cultural,
16 educational, recreational, economic, transportation, and
17 social service components.
18 (f) Infill development and redevelopment are
19 recognized as one of the important components and useful
20 mechanisms to promote and sustain urban centers. State and
21 regional entities and local governments should provide
22 incentives to promote urban infill and redevelopment. Existing
23 programs and incentives should be integrated to the extent
24 possible to promote urban infill and redevelopment and to
25 achieve the goals of the state urban policy.
26 163.2514 Definitions.--As used in ss.
27 163.2511-163.2526:
28 (1) "Local government" means any county or
29 municipality.
30 (2) "Urban infill and redevelopment area" means an
31 area or areas designated by a local government for the
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Amendment No.
1 development of vacant, abandoned, or significantly
2 underutilized parcels located where:
3 (a) Public services such as water and wastewater,
4 transportation, schools, and recreation are already available
5 or are scheduled to be provided in an adopted 5-year schedule
6 of capital improvements and are located within the existing
7 urban service area as defined in the local government's
8 comprehensive plan;
9 (b) The area contains not more than 10 percent
10 developable vacant land;
11 (c) The residential density is at least five dwelling
12 units per acre and the average nonresidential intensity is at
13 least a floor area ratio of 1.00; and
14 (d) The land area designated as an urban infill and
15 redevelopment area does not exceed 2 percent of the land area
16 of the local government jurisdiction or a total area of 3
17 square miles, whichever is greater.
18 163.2517 Designation of urban infill and redevelopment
19 area.--
20 (1) A local government may designate a geographic area
21 or areas within its jurisdiction as an urban infill and
22 redevelopment area for the purpose of targeting economic, job
23 creation, housing, transportation, and land-use incentives to
24 encourage urban infill and redevelopment within the urban
25 core.
26 (2) A local government seeking to designate a
27 geographic area within its jurisdiction as an urban infill and
28 redevelopment area shall first prepare a plan that describes
29 the infill and redevelopment objectives of the local
30 government within the proposed area. In lieu of preparing a
31 new plan, the local government may demonstrate that an
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Amendment No.
1 existing plan or combination of plans associated with a
2 community development area, Florida Main Street program,
3 sustainable community, enterprise zone, or neighborhood
4 improvement district includes the factors listed in paragraphs
5 (a)-(j), or amend such existing plans to include the factors
6 listed in paragraphs (a)-(j). The plan shall demonstrate the
7 local government and community's commitment to comprehensively
8 addressing the urban problems within the urban infill and
9 redevelopment area and identify activities and programs to
10 accomplish locally identified goals such as code enforcement;
11 improved educational opportunities; reduction in crime;
12 provision of infrastructure needs, including mass transit and
13 multimodal linkages; and mixed-use planning to promote
14 multifunctional redevelopment to improve both the residential
15 and commercial quality of life in the area. The plan shall
16 also:
17 (a) Contain a map depicting the geographic area or
18 areas to be included within the designation.
19 (b) Identify the relationship between the proposed
20 area and the existing urban service area defined in the local
21 government's comprehensive plan.
22 (c) Identify existing enterprise zones, community
23 redevelopment areas, community development corporations,
24 brownfield areas, downtown redevelopment districts, safe
25 neighborhood improvement districts, historic preservation
26 districts, and empowerment zones located within the area
27 proposed for designation as an urban infill and redevelopment
28 area and provide a framework for coordinating infill and
29 redevelopment programs within the urban core.
30 (d) Identify a memorandum of understanding between the
31 district school board and the local government jurisdiction
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1 regarding public school facilities located within the urban
2 infill and redevelopment area to identify how the school board
3 will provide priority to enhancing public school facilities
4 and programs in the designated area, including the reuse of
5 existing buildings for schools within the area.
6 (e) Identify how the local government intends to
7 implement affordable housing programs, including, but not
8 limited to, the State Housing Initiatives Partnership Program,
9 and economic and community development programs administered
10 by the Department of Community Affairs, within the urban
11 infill and redevelopment area.
12 (f) If applicable, provide guidelines for the adoption
13 of land development regulations specific to the urban infill
14 and redevelopment area which include, for example, setbacks
15 and parking requirements appropriate to urban development.
16 (g) Identify any existing transportation concurrency
17 exception areas, and any relevant public transportation
18 corridors designated by a metropolitan planning organization
19 in its long-range transportation plans or by the local
20 government in its comprehensive plan for which the local
21 government seeks designation as a transportation concurrency
22 exception area.
23 (h) Identify and adopt a package of financial and
24 local government incentives which the local government will
25 offer for new development, expansion of existing development,
26 and redevelopment within the urban infill and redevelopment
27 area. Examples of such incentives include:
28 1. Waiver of license and permit fees.
29 2. Waiver of local option sales taxes.
30 3. Waiver of delinquent taxes or fees to promote the
31 return of property to productive use.
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Amendment No.
1 4. Expedited permitting.
2 5. Prioritization of infrastructure spending within
3 the urban infill and redevelopment area.
4 6. Local government absorption of developers'
5 concurrency costs.
6 (i) Identify how activities and incentives within the
7 urban infill and redevelopment area will be coordinated and
8 what administrative mechanism the local government will use
9 for the coordination.
10 (j) Identify performance measures to evaluate the
11 success of the local government in implementing the urban
12 infill and redevelopment plan.
13 (3) After the preparation of an urban infill and
14 redevelopment plan or designation of an existing plan and
15 before the adoption hearing required for comprehensive plan
16 amendments, the local government must conduct a public hearing
17 in the area targeted for designation as an urban infill and
18 redevelopment area to provide an opportunity for public input
19 on the size of the area; the objectives for urban infill and
20 redevelopment; coordination with existing redevelopment
21 programs; goals for improving transit and transportation; the
22 objectives for economic development; job creation; crime
23 reduction; and neighborhood preservation and revitalization.
24 The purpose of the public hearing is to encourage communities
25 within the proposed urban infill and redevelopment area to
26 participate in the design and implementation of the plan,
27 including a "visioning" of the community core, before
28 redevelopment. Notice for the public hearing must be in the
29 form established in s. 166.041(3)(c)2., for municipalities,
30 and s. 125.66(4)(b)2. for counties.
31 (4) In order for a local government to designate an
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Amendment No.
1 urban infill and redevelopment area, it must amend its
2 comprehensive land use plan under s. 163.3187 to adopt the
3 urban infill and redevelopment area plan and delineate the
4 urban infill and redevelopment area within the future land use
5 element of its comprehensive plan. If the local government
6 elects to employ an existing or amended community
7 redevelopment, Florida Main Street program, sustainable
8 community, enterprise zone, or neighborhood improvement
9 district plan or plans in lieu of preparation of an urban
10 infill and redevelopment plan, the local government must amend
11 its comprehensive land use plan under s. 163.3187 to delineate
12 the urban infill and redevelopment area within the future land
13 use element of its comprehensive plan. An amendment to the
14 local comprehensive plan to designate an urban infill and
15 redevelopment area is exempt from the twice-a-year amendment
16 limitation of s. 163.3187.
17 163.2520 Economic incentives; report.--
18 (1) A local government with an adopted urban infill
19 and redevelopment plan or plan employed in lieu thereof may
20 issue revenue bonds under s. 163.385 and employ tax increment
21 financing under s. 163.387 for the purpose of financing the
22 implementation of the plan.
23 (2) A local government with an adopted urban infill
24 and redevelopment plan or plan employed in lieu thereof may
25 exercise the powers granted under s. 163.514 for community
26 redevelopment neighborhood improvement districts, including
27 the authority to levy special assessments.
28 (3) State agencies that provide infrastructure
29 funding, cost reimbursement, grants, or loans to local
30 governments, including, but not limited to, the Department of
31 Environmental Protection (Clean Water State Revolving Fund,
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Amendment No.
1 Drinking Water State Revolving Fund, and the State of Florida
2 Pollution Control Bond Program); the Department of Community
3 Affairs (State Housing Initiatives Partnership, Florida
4 Communities Trust); and the Department of Transportation
5 (Intermodal Transportation Efficiency Act funds), are directed
6 to report to the President of the Senate and the Speaker of
7 the House of Representatives by January 1, 1999, regarding
8 statutory and rule changes necessary to give urban infill and
9 redevelopment areas identified by local governments under this
10 act an elevated priority in infrastructure funding, loan, and
11 grant programs.
12 163.2523 Grant program.--
13 (1) An Urban Infill and Redevelopment Assistance Grant
14 Program is created for local governments with adopted urban
15 infill and redevelopment areas. Ninety percent of the general
16 revenue appropriated for this program shall be available for
17 fifty/fifty matching grants for planning and implementing
18 urban infill and redevelopment projects that further the
19 objectives set forth in the local government's adopted urban
20 infill and redevelopment plan or plan employed in lieu
21 thereof. The remaining 10 percent of the revenue must be used
22 for outright grants for projects requiring under $50,000.
23 Projects that provide employment opportunities to clients of
24 the WAGES program and projects within urban infill and
25 redevelopment areas that include a community redevelopment
26 area, Florida Main Street Program, sustainable community,
27 enterprise zone, or neighborhood improvement district must be
28 given an elevated priority in the scoring of competing grant
29 applications. The Division of Housing and Community
30 Development of the Department of Community Affairs shall
31 administer the grant program. The Department of Community
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Amendment No.
1 Affairs shall adopt rules establishing grant review criteria
2 consistent with this section.
3 (2) If the local government fails to implement the
4 urban infill and redevelopment plan, the Department of
5 Community Affairs may seek to rescind the economic and
6 regulatory incentives granted to an urban infill and
7 redevelopment area, subject to the provisions of chapter 120.
8 The action to rescind may be initiated 90 days after issuing a
9 written letter of warning to the local government.
10 163.2526 Review and evaluation.--Before the 2003
11 Regular Session of the Legislature, the Office of Program
12 Policy Analysis and Government Accountability shall perform a
13 review and evaluation of ss. 163.2511-163.2526, including the
14 financial incentives listed in s. 163.2520. The report must
15 evaluate the effectiveness of the designation of urban infill
16 and redevelopment areas in stimulating urban infill and
17 redevelopment and strengthening the urban core. A report of
18 the findings and recommendations of the Office of Program
19 Policy Analysis and Government Accountability shall be
20 submitted to the President of the Senate and the Speaker of
21 the House of Representatives before the 2003 Regular Session
22 of the Legislature.
23 Section 27. Subsection (5) of section 163.3180,
24 Florida Statutes, is amended to read:
25 163.3180 Concurrency.--
26 (5)(a) The Legislature finds that under limited
27 circumstances dealing with transportation facilities,
28 countervailing planning and public policy goals may come into
29 conflict with the requirement that adequate public facilities
30 and services be available concurrent with the impacts of such
31 development. The Legislature further finds that often the
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Amendment No.
1 unintended result of the concurrency requirement for
2 transportation facilities is the discouragement of urban
3 infill development and redevelopment. Such unintended results
4 directly conflict with the goals and policies of the state
5 comprehensive plan and the intent of this part. Therefore,
6 exceptions from the concurrency requirement for transportation
7 facilities may be granted as provided by this subsection.
8 (b) A local government may grant an exception from the
9 concurrency requirement for transportation facilities if the
10 proposed development is otherwise consistent with the adopted
11 local government comprehensive plan and is a project that
12 promotes public transportation or is located within an area
13 designated in the comprehensive plan for:
14 1. Urban infill development,
15 2. Urban redevelopment, or
16 3. Downtown revitalization, or.
17 4. Urban infill and redevelopment under s. 163.2517.
18 (c) The Legislature also finds that developments
19 located within urban infill, urban redevelopment, existing
20 urban service, or downtown revitalization areas or areas
21 designated as urban infill and redevelopment areas under s.
22 163.2517 which pose only special part-time demands on the
23 transportation system should be excepted from the concurrency
24 requirement for transportation facilities. A special
25 part-time demand is one that does not have more than 200
26 scheduled events during any calendar year and does not affect
27 the 100 highest traffic volume hours.
28 (d) A local government shall establish guidelines for
29 granting the exceptions authorized in paragraphs (b) and (c)
30 in the comprehensive plan. These guidelines must include
31 consideration of the impacts on the Florida Intrastate Highway
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Amendment No.
1 System, as defined in s. 338.001. The exceptions may be
2 available only within the specific geographic area of the
3 jurisdiction designated in the plan. Pursuant to s. 163.3184,
4 any affected person may challenge a plan amendment
5 establishing these guidelines and the areas within which an
6 exception could be granted.
7 Section 28. Subsection (1) of section 163.3187,
8 Florida Statutes, is amended to read:
9 163.3187 Amendment of adopted comprehensive plan.--
10 (1) Amendments to comprehensive plans adopted pursuant
11 to this part may be made not more than two times during any
12 calendar year, except:
13 (a) In the case of an emergency, comprehensive plan
14 amendments may be made more often than twice during the
15 calendar year if the additional plan amendment receives the
16 approval of all of the members of the governing body.
17 "Emergency" means any occurrence or threat thereof whether
18 accidental or natural, caused by humankind, in war or peace,
19 which results or may result in substantial injury or harm to
20 the population or substantial damage to or loss of property or
21 public funds.
22 (b) Any local government comprehensive plan amendments
23 directly related to a proposed development of regional impact,
24 including changes which have been determined to be substantial
25 deviations and including Florida Quality Developments pursuant
26 to s. 380.061, may be initiated by a local planning agency and
27 considered by the local governing body at the same time as the
28 application for development approval using the procedures
29 provided for local plan amendment in this section and
30 applicable local ordinances, without regard to statutory or
31 local ordinance limits on the frequency of consideration of
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Amendment No.
1 amendments to the local comprehensive plan. Nothing in this
2 subsection shall be deemed to require favorable consideration
3 of a plan amendment solely because it is related to a
4 development of regional impact.
5 (c) Any local government comprehensive plan amendments
6 directly related to proposed small scale development
7 activities may be approved without regard to statutory limits
8 on the frequency of consideration of amendments to the local
9 comprehensive plan. A small scale development amendment may
10 be adopted only under the following conditions:
11 1. The proposed amendment involves a use of 10 acres
12 or fewer and:
13 a. The cumulative annual effect of the acreage for all
14 small scale development amendments adopted by the local
15 government shall not exceed:
16 (I) A maximum of 120 acres in a local government that
17 contains areas specifically designated in the local
18 comprehensive plan for urban infill, urban redevelopment, or
19 downtown revitalization as defined in s. 163.3164, urban
20 infill and redevelopment areas designated under s. 163.2517,
21 transportation concurrency exception areas approved pursuant
22 to s. 163.3180(5), or regional activity centers and urban
23 central business districts approved pursuant to s.
24 380.06(2)(e); however, amendments under this paragraph may be
25 applied to no more than 60 acres annually of property outside
26 the designated areas listed in this sub-sub-subparagraph.
27 (II) A maximum of 80 acres in a local government that
28 does not contain any of the designated areas set forth in
29 sub-sub-subparagraph (I).
30 (III) A maximum of 120 acres in a county established
31 pursuant to s. 9, Art. VIII of the State Constitution.
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1 b. The proposed amendment does not involve the same
2 property granted a change within the prior 12 months.
3 c. The proposed amendment does not involve the same
4 owner's property within 200 feet of property granted a change
5 within the prior 12 months.
6 d. The proposed amendment does not involve a text
7 change to the goals, policies, and objectives of the local
8 government's comprehensive plan, but only proposes a land use
9 change to the future land use map for a site-specific small
10 scale development activity.
11 e. The property that is the subject of the proposed
12 amendment is not located within an area of critical state
13 concern.
14 f. If the proposed amendment involves a residential
15 land use, the residential land use has a density of 10 units
16 or less per acre, except that this limitation does not apply
17 to small scale amendments described in sub-sub-subparagraph
18 a.(I) that are designated in the local comprehensive plan for
19 urban infill, urban redevelopment, or downtown revitalization
20 as defined in s. 163.3164, urban infill and redevelopment
21 areas designated under s. 163.2517, transportation concurrency
22 exception areas approved pursuant to s. 163.3180(5), or
23 regional activity centers and urban central business districts
24 approved pursuant to s. 380.06(2)(e).
25 2.a. A local government that proposes to consider a
26 plan amendment pursuant to this paragraph is not required to
27 comply with the procedures and public notice requirements of
28 s. 163.3184(15)(c) for such plan amendments if the local
29 government complies with the provisions in s. 125.66(4)(a) for
30 a county or in s. 166.041(3)(c) for a municipality. If a
31 request for a plan amendment under this paragraph is initiated
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Amendment No.
1 by other than the local government, public notice is required.
2 b. The local government shall send copies of the
3 notice and amendment to the state land planning agency, the
4 regional planning council, and any other person or entity
5 requesting a copy. This information shall also include a
6 statement identifying any property subject to the amendment
7 that is located within a coastal high hazard area as
8 identified in the local comprehensive plan.
9 3. Small scale development amendments adopted pursuant
10 to this paragraph require only one public hearing before the
11 governing board, which shall be an adoption hearing as
12 described in s. 163.3184(7), and are not subject to the
13 requirements of s. 163.3184(3)-(6) unless the local government
14 elects to have them subject to those requirements.
15 (d) Any comprehensive plan amendment required by a
16 compliance agreement pursuant to s. 163.3184(16) may be
17 approved without regard to statutory limits on the frequency
18 of adoption of amendments to the comprehensive plan.
19 (e) A comprehensive plan amendment for location of a
20 state correctional facility. Such an amendment may be made at
21 any time and does not count toward the limitation on the
22 frequency of plan amendments.
23 (f) Any comprehensive plan amendment that changes the
24 schedule in the capital improvements element, and any
25 amendments directly related to the schedule, may be made once
26 in a calendar year on a date different from the two times
27 provided in this subsection when necessary to coincide with
28 the adoption of the local government's budget and capital
29 improvements program.
30 (g) A comprehensive plan amendment for the purpose of
31 designating an urban infill and redevelopment area under s.
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1 163.2517 may be approved without regard to the statutory
2 limits on the frequency of amendments to the comprehensive
3 plan.
4 Section 29. Subsection (17) of section 187.201,
5 Florida Statutes, is amended to read:
6 187.201 State Comprehensive Plan adopted.--The
7 Legislature hereby adopts as the State Comprehensive Plan the
8 following specific goals and policies:
9 (17) URBAN REDEVELOPMENT AND DOWNTOWN
10 REVITALIZATION.--
11 (a) Goal.--In recognition of the importance of
12 Florida's vital urban centers and of the need to develop and
13 redevelop developing and redeveloping downtowns to the state's
14 ability to use existing infrastructure and to accommodate
15 growth in an orderly, efficient, and environmentally
16 acceptable manner, Florida shall encourage the centralization
17 of commercial, governmental, retail, residential, and cultural
18 activities within downtown areas.
19 (b) Policies.--
20 1. Provide incentives to encourage private sector
21 investment in the preservation and enhancement of downtown
22 areas.
23 2. Assist local governments in the planning,
24 financing, and implementation of development efforts aimed at
25 revitalizing distressed downtown areas.
26 3. Promote state programs and investments which
27 encourage redevelopment of downtown areas.
28 4. Promote and encourage communities to engage in a
29 redesign step to include public participation of members of
30 the community in envisioning redevelopment goals and design of
31 the community core before redevelopment.
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1 5. Ensure that local governments have adequate
2 flexibility to determine and address their urban priorities
3 within the state urban policy.
4 6. Enhance the linkages between land use, water use,
5 and transportation planning in state, regional, and local
6 plans for current and future designated urban areas.
7 7. Develop concurrency requirements for urban areas
8 that promote redevelopment efforts where the requirements do
9 not compromise public health and safety.
10 8. Promote processes for the state, general purpose
11 local governments, school boards, and local community colleges
12 to coordinate and cooperate regarding educational facilities
13 in urban areas, including planning functions, the development
14 of joint facilities, and the reuse of existing buildings.
15 9. Encourage the development of mass transit systems
16 for urban centers, including multimodal transportation feeder
17 systems, as a priority of local, metropolitan, regional, and
18 state transportation planning.
19 10. Locate appropriate public facilities within urban
20 centers to demonstrate public commitment to the centers and to
21 encourage private sector development.
22 11. Integrate state programs that have been developed
23 to promote economic development and neighborhood
24 revitalization through incentives to promote the development
25 of designated urban infill areas.
26 12. Promote infill development and redevelopment as an
27 important mechanism to revitalize and sustain urban centers.
28 Section 30. Paragraph (b) of subsection (19) of
29 section 380.06, Florida Statutes, is amended to read:
30 380.06 Developments of regional impact.--
31 (19) SUBSTANTIAL DEVIATIONS.--
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Amendment No.
1 (b) Any proposed change to a previously approved
2 development of regional impact or development order condition
3 which, either individually or cumulatively with other changes,
4 exceeds any of the following criteria shall constitute a
5 substantial deviation and shall cause the development to be
6 subject to further development-of-regional-impact review
7 without the necessity for a finding of same by the local
8 government:
9 1. An increase in the number of parking spaces at an
10 attraction or recreational facility by 5 percent or 300
11 spaces, whichever is greater, or an increase in the number of
12 spectators that may be accommodated at such a facility by 5
13 percent or 1,000 spectators, whichever is greater.
14 2. A new runway, a new terminal facility, a 25-percent
15 lengthening of an existing runway, or a 25-percent increase in
16 the number of gates of an existing terminal, but only if the
17 increase adds at least three additional gates. However, if an
18 airport is located in two counties, a 10-percent lengthening
19 of an existing runway or a 20-percent increase in the number
20 of gates of an existing terminal is the applicable criteria.
21 3. An increase in the number of hospital beds by 5
22 percent or 60 beds, whichever is greater.
23 4. An increase in industrial development area by 5
24 percent or 32 acres, whichever is greater.
25 5. An increase in the average annual acreage mined by
26 5 percent or 10 acres, whichever is greater, or an increase in
27 the average daily water consumption by a mining operation by 5
28 percent or 300,000 gallons, whichever is greater. An increase
29 in the size of the mine by 5 percent or 750 acres, whichever
30 is less.
31 6. An increase in land area for office development by
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Amendment No.
1 5 percent or 6 acres, whichever is greater, or an increase of
2 gross floor area of office development by 5 percent or 60,000
3 gross square feet, whichever is greater.
4 7. An increase in the storage capacity for chemical or
5 petroleum storage facilities by 5 percent, 20,000 barrels, or
6 7 million pounds, whichever is greater.
7 8. An increase of development at a waterport of wet
8 storage for 20 watercraft, dry storage for 30 watercraft, or
9 wet/dry storage for 60 watercraft in an area identified in the
10 state marina siting plan as an appropriate site for additional
11 waterport development or a 5-percent increase in watercraft
12 storage capacity, whichever is greater.
13 9. An increase in the number of dwelling units by 5
14 percent or 50 dwelling units, whichever is greater.
15 10. An increase in commercial development by 6 acres
16 of land area or by 50,000 square feet of gross floor area, or
17 of parking spaces provided for customers for 300 cars or a
18 5-percent increase of any of these, whichever is greater.
19 11. An increase in hotel or motel facility units by 5
20 percent or 75 units, whichever is greater.
21 12. An increase in a recreational vehicle park area by
22 5 percent or 100 vehicle spaces, whichever is less.
23 13. A decrease in the area set aside for open space of
24 5 percent or 20 acres, whichever is less.
25 14. A proposed increase to an approved multiuse
26 development of regional impact where the sum of the increases
27 of each land use as a percentage of the applicable substantial
28 deviation criteria is equal to or exceeds 100 percent. The
29 percentage of any decrease in the amount of open space shall
30 be treated as an increase for purposes of determining when 100
31 percent has been reached or exceeded.
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Amendment No.
1 15. A 15-percent increase in the number of external
2 vehicle trips generated by the development above that which
3 was projected during the original
4 development-of-regional-impact review.
5 16. Any change which would result in development of
6 any area which was specifically set aside in the application
7 for development approval or in the development order for
8 preservation or special protection of endangered or threatened
9 plants or animals designated as endangered, threatened, or
10 species of special concern and their habitat, primary dunes,
11 or archaeological and historical sites designated as
12 significant by the Division of Historical Resources of the
13 Department of State. The further refinement of such areas by
14 survey shall be considered under sub-subparagraph (e)5.b.
15
16 The substantial deviation numerical standards in subparagraphs
17 4., 6., 10., 14., excluding residential uses, and 15., are
18 increased by 100 percent for a project certified under s.
19 403.973 which creates jobs and meets criteria established by
20 the Office of Tourism, Trade, and Economic Development as to
21 its impact on an area's economy, employment, and prevailing
22 wage and skill levels. The substantial deviation numerical
23 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
24 increased by 50 percent for a project located wholly within an
25 urban infill and redevelopment area designated on the
26 applicable adopted local comprehensive plan future land use
27 map and not located within the coastal high hazard area.
28 Section 31. Subsection (1) of section 163.375, Florida
29 Statutes, is amended to read:
30 163.375 Eminent domain.--
31 (1) Any county or municipality, or any community
19
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SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 redevelopment agency pursuant to specific approval of the
2 governing body of the county or municipality which established
3 the agency, as provided by any county or municipal ordinance
4 has the right to acquire by condemnation any interest in real
5 property, including a fee simple title thereto, which it deems
6 necessary for, or in connection with, community redevelopment
7 and related activities under this part. Any county or
8 municipality, or any community redevelopment agency pursuant
9 to specific approval by the governing body of the county or
10 municipality which established the agency, as provided by any
11 county or municipal ordinance may exercise the power of
12 eminent domain in the manner provided in chapters 73 and 74
13 and acts amendatory thereof or supplementary thereto, or it
14 may exercise the power of eminent domain in the manner now or
15 which may be hereafter provided by any other statutory
16 provision for the exercise of the power of eminent domain.
17 Property in unincorporated enclaves surrounded by the
18 boundaries of a community redevelopment area may be acquired
19 when it is determined necessary by the agency to accomplish
20 the community redevelopment plan. Property already devoted to
21 a public use may be acquired in like manner. However, no real
22 property belonging to the United States, the state, or any
23 political subdivision of the state may be acquired without its
24 consent.
25 Section 32. Section 171.0413, Florida Statutes, is
26 amended to read:
27 171.0413 Annexation procedures.--Any municipality may
28 annex contiguous, compact, unincorporated territory in the
29 following manner:
30 (1) An ordinance proposing to annex an area of
31 contiguous, compact, unincorporated territory shall be adopted
20
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SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 by the governing body of the annexing municipality pursuant to
2 the procedure for the adoption of a nonemergency ordinance
3 established by s. 166.041. Prior to the adoption of the
4 ordinance of annexation, the local governing body shall hold
5 at least two advertised public hearings on the proposed
6 annexation. The first public hearing shall be on a weekday at
7 least 7 days after the day that the first advertisement is
8 published. The second public hearing shall be held on a
9 weekday at least 5 days after the day that the second
10 advertisement is published. Each such ordinance shall propose
11 only one reasonably compact area to be annexed. However,
12 prior to the ordinance of annexation becoming effective, a
13 referendum on annexation shall be held as set out below, and,
14 if approved by the referendum, the ordinance shall become
15 effective 10 days after the referendum or as otherwise
16 provided in the ordinance, but not more than 1 year following
17 the date of the referendum.
18 (2) Following the final adoption of the ordinance of
19 annexation by the governing body of the annexing municipality,
20 the ordinance shall be submitted to a vote of the registered
21 electors of the area proposed to be annexed. If the proposed
22 ordinance would cause the total area annexed by a municipality
23 pursuant to this section during any one calendar year period
24 cumulatively to exceed more than 5 percent of the total land
25 area of the municipality or cumulatively to exceed more than 5
26 percent of the municipal population, the ordinance shall be
27 submitted to a separate vote of the registered electors of the
28 annexing municipality and of the area proposed to be annexed.
29 The referendum on annexation shall be called and conducted and
30 the expense thereof paid by the governing body of the annexing
31 municipality.
21
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SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 (a) The referendum on annexation shall be held at the
2 next regularly scheduled election following the final adoption
3 of the ordinance of annexation by the governing body of the
4 annexing municipality or at a special election called for the
5 purpose of holding the referendum. However, the referendum,
6 whether held at a regularly scheduled election or at a special
7 election, shall not be held sooner than 30 days following the
8 final adoption of the ordinance by the governing body of the
9 annexing municipality.
10 (b) The governing body of the annexing municipality
11 shall publish notice of the referendum on annexation at least
12 once each week for 2 consecutive weeks immediately preceding
13 the date of the referendum in a newspaper of general
14 circulation in the area in which the referendum is to be held.
15 The notice shall give the ordinance number, the time and
16 places for the referendum, and a brief, general description of
17 the area proposed to be annexed. The description shall
18 include a map clearly showing the area and a statement that
19 the complete legal description by metes and bounds and the
20 ordinance can be obtained from the office of the city clerk.
21 (c) On the day of the referendum on annexation there
22 shall be prominently displayed at each polling place a copy of
23 the ordinance of annexation and a description of the property
24 proposed to be annexed. The description shall be by metes and
25 bounds and shall include a map clearly showing such area.
26 (d) Ballots or mechanical voting devices used in the
27 referendum on annexation shall offer the choice "For
28 annexation of property described in ordinance number .... of
29 the City of ...." and "Against annexation of property
30 described in ordinance number .... of the City of ...." in
31 that order.
22
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SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 (e) If the referendum is held only in the area
2 proposed to be annexed and receives a majority vote, or if the
3 ordinance is submitted to a separate vote of the registered
4 electors of the annexing municipality and the area proposed to
5 be annexed and there is a separate majority vote for
6 annexation in the annexing municipality and in the area
7 proposed to be annexed, the ordinance of annexation shall
8 become effective on the effective date specified therein. If
9 there is a any majority vote against annexation, the ordinance
10 shall not become effective, and the area proposed to be
11 annexed shall not be the subject of an annexation ordinance by
12 the annexing municipality for a period of 2 years from the
13 date of the referendum on annexation.
14 (3) Any parcel of land which is owned by one
15 individual, corporation, or legal entity, or owned
16 collectively by one or more individuals, corporations, or
17 legal entities, proposed to be annexed under the provisions of
18 this act shall not be severed, separated, divided, or
19 partitioned by the provisions of said ordinance, but shall, if
20 intended to be annexed, or if annexed, under the provisions of
21 this act, be annexed in its entirety and as a whole. However,
22 nothing herein contained shall be construed as affecting the
23 validity or enforceability of any ordinance declaring an
24 intention to annex land under the existing law that has been
25 enacted by a municipality prior to July 1, 1975. The owner of
26 such property may waive the requirements of this subsection if
27 such owner does not desire all of the tract or parcel included
28 in said annexation.
29 (4) Except as otherwise provided in this law, the
30 annexation procedure as set forth in this section shall
31 constitute a uniform method for the adoption of an ordinance
23
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SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 of annexation by the governing body of any municipality in
2 this state, and all existing provisions of special laws which
3 establish municipal annexation procedures are repealed hereby;
4 except that any provision or provisions of special law or laws
5 which prohibit annexation of territory that is separated from
6 the annexing municipality by a body of water or watercourse
7 shall not be repealed.
8 (5) If more than 70 percent of the land in an area
9 proposed to be annexed is owned by individuals, corporations,
10 or legal entities which are not registered electors of such
11 area, such area shall not be annexed unless the owners of more
12 than 50 percent of the land in such area consent to such
13 annexation. Such consent shall be obtained by the parties
14 proposing the annexation prior to the referendum to be held on
15 the annexation.
16 (6) Notwithstanding subsections (1) and (2), if the
17 area proposed to be annexed does not have any registered
18 electors on the date the ordinance is finally adopted, a vote
19 of electors of the area proposed to be annexed is not
20 required. In addition to the requirements of subsection (5),
21 the area may not be annexed unless the owners of more than 50
22 percent of the parcels of land in the area proposed to be
23 annexed consent to the annexation. If a referendum of the
24 annexing municipality is not required as well pursuant to
25 subsection (2), then The property owner consents required
26 pursuant to subsection (5) shall be obtained by the parties
27 proposing the annexation prior to the final adoption of the
28 ordinance, and the annexation ordinance shall be effective
29 upon becoming a law or as otherwise provided in the ordinance.
30 Section 33. Efficiency and accountability in local
31 government services.--
24
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SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 (1) The intent of this section is to provide and
2 encourage a process that will:
3 (a) Allow municipalities and counties to resolve
4 conflicts among local jurisdictions regarding the delivery and
5 financing of local services.
6 (b) Increase local government efficiency and
7 accountability.
8 (c) Provide greater flexibility in the use of local
9 revenue sources for local governments involved in the process.
10 (2) Any county or combination of counties, and the
11 municipalities therein, may use the procedures provided by
12 this section to develop and adopt a plan to improve the
13 efficiency, accountability, and coordination of the delivery
14 of local government services. The development of such a plan
15 may be initiated by a resolution adopted by a majority vote of
16 the governing body of each of the counties involved, by
17 resolutions adopted by a majority vote of the governing bodies
18 of a majority of the municipalities within each county, or by
19 resolutions adopted by a majority vote of the governing bodies
20 of the municipality or combination of municipalities
21 representing a majority of the municipal population of each
22 county. The resolution shall specify the representatives of
23 the county and municipal governments, of any affected special
24 districts, and of any relevant local government agencies who
25 will be responsible for developing the plan. The resolution
26 shall include a proposed timetable for development of the plan
27 and shall specify the local government support and personnel
28 services which will be made available to the representatives
29 developing the plan.
30 (3) Upon adoption of a resolution or resolutions as
31 provided in subsection (2), the designated representatives
25
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SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 shall develop a plan for delivery of local government
2 services. The plan shall:
3 (a) Designate the areawide and local government
4 services which are the subject of the plan.
5 (b) Describe the existing organization of such
6 services and the means of financing the services, and create a
7 reorganization of such services and the financing thereof that
8 will meet the goals of this section.
9 (c) Designate the local agency that should be
10 responsible for the delivery of each service.
11 (d) Designate those services that should be delivered
12 regionally or countywide. No provision of the plan shall
13 operate to restrict the power of a municipality to finance and
14 deliver services in addition to, or at a higher level than,
15 the services designated for regional or countywide delivery
16 under this paragraph.
17 (e) Provide means to reduce the cost of providing
18 local services and enhance the accountability of service
19 providers.
20 (f) Include a multiyear capital outlay plan for
21 infrastructure.
22 (g) Specifically describe any expansion of municipal
23 boundaries that would further the goals of this section. Any
24 area proposed to be annexed must meet the standards for
25 annexation provided in chapter 171, Florida Statutes. The plan
26 shall not contain any provision for contraction of municipal
27 boundaries or elimination of any municipality.
28 (h) Provide specific procedures for modification or
29 termination of the plan.
30 (i) Specify the effective date of the plan.
31 (4)(a) A plan developed pursuant to this section must
26
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SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 conform to all comprehensive plans that have been found to be
2 in compliance under part II of chapter 163, Florida Statutes,
3 for the local governments participating in the plan.
4 (b) No provision of a plan developed pursuant to this
5 section shall restrict the authority of any state or regional
6 governmental agency to perform any duty required to be
7 performed by that agency by law.
8 (5)(a) A plan developed pursuant to this section must
9 be approved by a majority vote of the governing body of each
10 county involved in the plan, and by a majority vote of the
11 governing bodies of a majority of municipalities in each
12 county, and by a majority vote of the governing bodies of the
13 municipality or municipalities that represent a majority of
14 the municipal population of each county.
15 (b) After approval by the county and municipal
16 governing bodies as required by paragraph (a), the plan shall
17 be submitted for referendum approval in a countywide election
18 in each county involved. The plan shall not take effect unless
19 approved by a majority of the electors of each county who vote
20 in the referendum, and also by a majority of the electors of
21 the municipalities that represent a majority of the municipal
22 population of each county who vote in the referendum. If
23 approved by the electors as required by this paragraph, the
24 plan shall take effect on the date specified in the plan.
25 (6) If a plan developed pursuant to this section
26 includes areas proposed for municipal annexation that meet the
27 standards for annexation provided in chapter 171, Florida
28 Statutes, such annexation shall take effect upon approval of
29 the plan as provided in this section, notwithstanding the
30 procedures for approval of municipal annexation specified in
31 chapter 171, Florida Statutes.
27
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SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 Section 34. Section 166.251, Florida Statutes, is
2 amended to read:
3 166.251 Service fee for dishonored check.--The
4 governing body of a municipality may adopt a service fee not
5 to exceed the service fees authorized under s. 832.08(5) of
6 $20 or 5 percent of the face amount of the check, draft, or
7 order, whichever is greater, for the collection of a
8 dishonored check, draft, or other order for the payment of
9 money to a municipal official or agency. The service fee
10 shall be in addition to all other penalties imposed by law.
11 Proceeds from this fee, if imposed, shall be retained by the
12 collector of the fee.
13
14 (Redesignate subsequent sections.)
15
16
17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 On page 3, line 3, after the semicolon
20
21 insert:
22 creating ss. 163.2511, 163.2514, 163.2517,
23 163.2520, 163.2523, and 163.2526, F.S., the
24 Urban Infill and Redevelopment Act; providing
25 legislative findings; providing definitions;
26 authorizing counties and municipalities to
27 designate urban infill and redevelopment areas
28 based on specified criteria; requiring
29 preparation of a plan or designation of an
30 existing plan and providing requirements with
31 respect thereto; requiring a public hearing;
28
11:34 AM 04/29/98 s1726c1c-30r0a
SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 providing for amendment of the local
2 comprehensive plan; providing that counties and
3 municipalities that have adopted such plan may
4 issue revenue bonds and employ tax increment
5 financing under the Community Redevelopment Act
6 and exercise powers granted to community
7 redevelopment neighborhood improvement
8 districts; requiring a report by certain state
9 agencies; providing a program for grants to
10 counties and municipalities with urban infill
11 and redevelopment areas; providing for review
12 and evaluation of the act and requiring a
13 report; amending s. 163.3180, F.S.; authorizing
14 exemptions from the transportation facilities
15 concurrency requirement for developments
16 located in an urban infill and redevelopment
17 area; amending s. 163.3187, F.S.; providing
18 that comprehensive plan amendments to designate
19 such areas are not subject to statutory limits
20 on the frequency of plan amendments; including
21 such areas within certain limitations relating
22 to small scale development amendments; amending
23 s. 187.201, F.S.; including policies relating
24 to urban policy in the State Comprehensive
25 Plan; amending s. 380.06, F.S., relating to
26 developments of regional impact; increasing
27 certain numerical standards for determining a
28 substantial deviation for projects located in
29 certain urban infill and redevelopment areas;
30 amending s. 163.375, F.S.; authorizing
31 acquisition by eminent domain of property in
29
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SENATE AMENDMENT
Bill No. CS for SB 1726
Amendment No.
1 unincorporated enclaves surrounded by a
2 community redevelopment area when necessary to
3 accomplish a community development plan;
4 amending s. 171.0413, F.S., relating to
5 municipal annexation procedures; deleting a
6 requirement that a separate referendum be held
7 in the annexing municipality when the
8 annexation exceeds a certain size; providing
9 procedures by which a county or combination of
10 counties and the municipalities therein may
11 develop and adopt a plan to improve the
12 efficiency, accountability, and coordination of
13 the delivery of local government services;
14 providing for initiation of the process by
15 resolution; providing requirements for the
16 plan; requiring approval by the local
17 governments' governing bodies and by
18 referendum; authorizing municipal annexation
19 through such plan; amending s. 166.251, F.S.;
20 revising provisions with respect to service
21 fees for dishonored checks;
22
23
24
25
26
27
28
29
30
31
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