CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Meadows moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 55, between lines 5 and 6,

15

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.

                                  1
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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

                                  2
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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

                                  3
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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

                                  4
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    Amendment No.    





 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.

                                  5
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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

                                  6
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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,

                                  7
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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

                                  8
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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

                                  9
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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

                                  10
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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

                                  11
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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.

                                  12
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    Amendment No.    





 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

                                  13
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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.

                                  14
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    Amendment No.    





 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.

                                  15
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    Amendment No.    





 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.--

                                  16
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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

                                  17
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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.

                                  18
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1726

    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
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  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
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  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
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  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
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  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
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  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
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  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
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  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
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  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
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  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
    11:34 AM   04/29/98                             s1726c1c-30r0a




                                                  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

                                  30
    11:34 AM   04/29/98                             s1726c1c-30r0a