Senate Bill 1726

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    Florida Senate - 1998                                  SB 1726

    By Senator Dyer





    14-1208-98

  1                      A bill to be entitled

  2         An act relating to the Department of Community

  3         Affairs; amending s. 20.18, F.S.; renaming the

  4         Division of Resource Planning and Management;

  5         amending s. 163.3180, F.S.; modifying de

  6         minimis standards for transportation

  7         concurrency; amending s. 163.3184, F.S.;

  8         requiring the department to maintain specified

  9         documents dealing with amendments to local

10         comprehensive plans; amending s. 163.3244,

11         F.S.; revising the number and size of local

12         governments involved in the sustainable

13         communities demonstration project; extending a

14         future repeal date; amending ss. 186.507,

15         186.508, 186.511, F.S.; removing

16         responsibilities of the Executive Office of the

17         Governor relating to strategic regional policy

18         plans; amending s. 288.975, F.S.; redefining

19         the term "regional policy plan"; revising

20         criteria for military base reuse plans;

21         amending s. 288.980, F.S.; providing revised

22         standards for military base retention;

23         providing conditions for the award of grants by

24         the Office of Tourism, Trade, and Economic

25         Development; amending s. 380.05, F.S.; removing

26         the department's mandate to submit specified

27         recommendations about areas of critical state

28         concern; amending s. 380.06, F.S.; deleting

29         reference to the state land development plan;

30         adding day care facilities as an issue in the

31         development-of-regional-impact review process;

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  1         amending s. 380.23, F.S.; adding an element to

  2         federal consistency review; creating the

  3         Transportation and Land Use Study Committee;

  4         requiring the committee to report to the

  5         Governor and the Legislature; repealing s.

  6         380.031(17), F.S., which defines the term

  7         "state land development plan"; repealing s.

  8         380.0555(7), F.S., which provides for a

  9         resource planning and management committee for

10         the Apalachicola Bay Area; providing an

11         effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Paragraph (c) of subsection (2) of section

16  20.18, Florida Statutes, is amended to read:

17         20.18  Department of Community Affairs.--There is

18  created a Department of Community Affairs.

19         (2)  The following units of the Department of Community

20  Affairs are established:

21         (c)  Division of Community Resource Planning and

22  Management.

23         Section 2.  Subsection (6) of section 163.3180, Florida

24  Statutes, is amended to read:

25         163.3180  Concurrency.--

26         (6)  The Legislature finds that a de minimis impact is

27  consistent with this part. A de minimis impact is an impact

28  that would not affect more than 1 percent of the maximum

29  volume at the adopted level of service of the affected

30  transportation facility as determined by the local government.

31  No impact will be de minimis if the sum of existing roadway

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  1  volumes and the projected volumes from approved projects on a

  2  transportation facility it would exceed 110 percent of the

  3  maximum volume at the adopted level of service of the affected

  4  sum of existing volumes and the projected volumes from

  5  approved projects on a transportation facility; provided

  6  however, that an impact of a single family home on an existing

  7  lot will constitute a de minimis impact on all roadways

  8  regardless of the level of the deficiency of the roadway.

  9  Local governments are encouraged to adopt methodologies to

10  encourage de minimis impacts on transportation facilities

11  within an existing urban service area. Further, no impact will

12  be de minimis if it would exceed the adopted level of service

13  standard of any affected designated hurricane evacuation

14  routes.

15         Section 3.  Subsections (2), (4), and (6) of section

16  163.3184, are amended to read:

17         163.3184  Process for adoption of comprehensive plan or

18  plan amendment.--

19         (2)  COORDINATION.--Each comprehensive plan or plan

20  amendment proposed to be adopted pursuant to this part shall

21  be transmitted, adopted, and reviewed in the manner prescribed

22  in this section.  The state land planning agency shall have

23  responsibility for plan review, coordination, and the

24  preparation and transmission of comments, pursuant to this

25  section, to the local governing body responsible for the

26  comprehensive plan. The state land planning agency shall

27  maintain a single file concerning any proposed or adopted plan

28  amendment submitted by a local government for any review under

29  this section. Copies of all correspondence, papers, notes,

30  memoranda, and other documents received or generated by the

31  state land planning agency must be placed in the appropriate

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  1  file. Paper copies of all electronic mail correspondence must

  2  be placed in the file. The file and its contents must be

  3  available for public inspection and copying as provided in

  4  chapter 119.

  5         (4)  INTERGOVERNMENTAL REVIEW.--If review of a proposed

  6  comprehensive plan amendment is requested or otherwise

  7  initiated pursuant to subsection (6), the state land planning

  8  agency within 5 working days of determining that such a review

  9  will be conducted shall transmit a copy of the proposed plan

10  amendment to various government agencies, as appropriate, for

11  response or comment, including, but not limited to, the

12  department, the Department of Transportation, the water

13  management district, and the regional planning council, and,

14  in the case of municipal plans, to the county land planning

15  agency.  These governmental agencies shall provide comments to

16  the state land planning agency within 30 days after receipt of

17  the proposed plan amendment.  The appropriate regional

18  planning council shall also provide its written comments to

19  the state land planning agency within 30 days after receipt of

20  the proposed plan amendment and shall specify any objections,

21  recommendations for modifications, and comments of any other

22  regional agencies to which the regional planning council may

23  have referred the proposed plan amendment. Written comments

24  submitted by the public within 30 days after notice of

25  transmittal by the local government of the proposed plan

26  amendment will be considered as if submitted by governmental

27  agencies. All written agency and public comments must be made

28  part of the file maintained under subsection (2).

29         (6)  STATE LAND PLANNING AGENCY REVIEW.--

30         (a)  The state land planning agency shall review a

31  proposed plan amendment upon request of a regional planning

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  1  council, affected person, or local government transmitting the

  2  plan amendment if the request is received within 30 days after

  3  transmittal of the proposed plan amendment pursuant to

  4  subsection (3).  The agency shall issue a report of its

  5  objections, recommendations, and comments regarding the

  6  proposed plan amendment.  A regional planning council or

  7  affected person requesting a review shall do so by submitting

  8  a written request to the agency with a notice of the request

  9  to the local government and any other person who has requested

10  notice.

11         (b)  The state land planning agency may review any

12  proposed plan amendment regardless of whether a request for

13  review has been made, if the agency gives notice to the local

14  government, and any other person who has requested notice, of

15  its intention to conduct such a review within 30 days of

16  transmittal of the proposed plan amendment pursuant to

17  subsection (3).

18         (c)  The state land planning agency, upon receipt of

19  comments from the various government agencies, as well as

20  written public comments, pursuant to subsection (4), shall

21  have 30 days to review comments from the various government

22  agencies along with a local government's comprehensive plan or

23  plan amendment.  During that period, the state land planning

24  agency shall transmit in writing its comments to the local

25  government along with any objections and any recommendations

26  for modifications.  When a federal, state, or regional agency

27  has implemented a permitting program, the state land planning

28  agency shall not require a local government to duplicate or

29  exceed that permitting program in its comprehensive plan or to

30  implement such a permitting program in its land development

31  regulations.  Nothing contained herein shall prohibit the

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  1  state land planning agency in conducting its review of local

  2  plans or plan amendments from making objections,

  3  recommendations, and comments or making compliance

  4  determinations regarding densities and intensities consistent

  5  with the provisions of this part. In preparing its comments,

  6  the state land planning agency shall only base its

  7  considerations on written, and not oral, comments, from any

  8  source.

  9         (d)  The state land planning agency review shall

10  identify all written communications with the agency regarding

11  the proposed plan amendment. If the state land planning agency

12  does not issue such a review, it shall identify in writing to

13  the local government all written communications received 30

14  days after transmittal. The written identification must

15  include a list of all documents received or generated by the

16  agency, which list must be of sufficient specificity to enable

17  the documents to be identified and copies requested, if

18  desired, and the name of the person to be contacted to request

19  copies of any identified document. The list of documents must

20  be made a part of the public records of the state land

21  planning agency.

22         Section 4.  Section 163.3244, Florida Statutes, is

23  amended to read:

24         163.3244  Sustainable communities demonstration

25  project.--

26         (1)  The Department of Community Affairs is authorized

27  to undertake a sustainable communities demonstration project.

28  Up to eight five local governments may be designated under

29  this section.  At least three of the local governments must

30  shall be located totally or in part within the boundaries of

31  the South Florida Water Management District and at least three

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  1  of the local governments must be municipalities having a

  2  population of 5,000 or less or counties having a population of

  3  50,000 or less.  In selecting the local governments to

  4  participate in this demonstration project, the department

  5  shall assure participation by local governments of different

  6  sizes and characteristics.  It is the intent of the

  7  Legislature that this demonstration project shall be used to

  8  further six broad principles of sustainability:  restoring key

  9  ecosystems; achieving a more clean, healthy environment;

10  limiting urban sprawl; protecting wildlife and natural areas;

11  advancing the efficient use of land and other resources; and

12  creating quality communities and jobs.

13         (2)  A local government may apply to the department in

14  writing requesting consideration for designation under the

15  demonstration program.  The local government shall describe

16  its reasons for applying for this designation and support its

17  application with documents regarding its compliance with

18  criteria set forth in this section. The local government shall

19  also identify programs and projects it would undertake upon

20  designation.

21         (3)  In determining whether to designate all or part of

22  a local government as a sustainable community, the department

23  shall:

24         (a)  Assure that the local government has set an urban

25  development boundary or functionally equivalent mechanisms, or

26  that the local government has committed in its application to

27  establish a boundary upon designation, based on projected

28  needs and adequate data and analysis, that will:

29         1.  Encourage urban infill at appropriate densities and

30  intensities, separate urban and rural uses, and discourage

31  urban sprawl development patterns while preserving public open

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  1  space and planning for buffer-type land uses and rural

  2  development consistent with their respective character along

  3  and outside of the urban boundary.

  4         2.  Assure protection of key natural areas and

  5  agricultural lands.

  6         3.  Ensure the cost-efficient provision of public

  7  infrastructure and services.

  8         (b)  Consider and assess the extent to which the local

  9  government has adopted programs in its local comprehensive

10  plan or land development regulations which:

11         1.  Promote infill development and redevelopment,

12  including prioritized and timely permitting processes in which

13  applications for local development permits within the urban

14  development boundary are acted upon expeditiously for proposed

15  development which is consistent with the local comprehensive

16  plan.

17         2.  Promote the development of housing for low-income

18  and very-low-income households or specialized housing to

19  assist elders and the disabled to remain at home or in

20  independent living arrangements.

21         3.  Achieve effective intergovernmental coordination.

22         4.  Promote economic diversity and growth while

23  encouraging the retention of rural character, where rural

24  areas exist, and the protection and restoration of the

25  environment.

26         5.  Provide and maintain public urban and rural open

27  space and recreational opportunities.

28         6.  Manage transportation and land uses to support

29  public transit and promote opportunities for pedestrian and

30  nonmotorized transportation.

31

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  1         7.  Use urban design principles to foster individual

  2  community identity, create a sense of place, and promote

  3  pedestrian-oriented safe neighborhoods and town centers.

  4         8.  Redevelop blighted areas.

  5         9.  Improve disaster preparedness programs and the

  6  ability to protect lives and property, especially in coastal

  7  high-hazard areas.

  8         10.  Encourage clustered, mixed-use development which

  9  incorporates greenspace and residential development within

10  walking distance of commercial development.

11         11.  Demonstrate financial and administrative

12  capabilities to implement the designation.

13         12.  Demonstrate a record of effectively adopting,

14  implementing, and enforcing its comprehensive plan.

15         (c)  Consider and assess the extent to which the local

16  government has the support of its regional planning council

17  governing board in favor of the designation.

18         (4)  The department shall designate all or part of a

19  local government as a sustainable community by written

20  agreement, which shall be considered final agency action.  The

21  agreement shall include the basis for the designation, any

22  conditions necessary to comply with the intent of this

23  section, including procedures for mitigation of

24  extrajurisdictional impacts of development in jurisdictions

25  where review of developments of regional impact would be

26  abolished or modified, proposed programs and projects included

27  in its application and criteria for evaluating the success of

28  the designation. Subsequent to executing the agreement, the

29  department may remove the local government's designation if it

30  determines that the local government is not meeting the terms

31  of the designation agreement.  If an affected person, as

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  1  defined by s. 163.3184(1)(a), determines that a local

  2  government is not complying with the terms of the designation

  3  agreement, he or she may petition for administrative review of

  4  local government compliance with the terms of the agreement,

  5  using the procedures and timeframes for notice and conditions

  6  precedent described in s. 163.3213.

  7         (5)  Upon designation as a sustainable community, the

  8  local government shall receive the following benefits:

  9         (a)  All comprehensive plan amendments affecting areas

10  within the urban growth boundary or functional equivalent

11  shall be adopted and reviewed in the manner described in ss.

12  163.3184(1), (2), (7), (14), (15), and (16) and 163.3187, such

13  that state and regional agency review is eliminated.  The

14  department shall not issue an objections, recommendations, and

15  comments report on proposed plan amendments or a notice of

16  intent on adopted plan amendments; however, affected persons,

17  as defined by s. 163.3184(1)(a), may file a petition for

18  administrative review pursuant to the requirements of s.

19  163.3187(3)(a) to challenge the compliance of an adopted plan

20  amendment.  Plan amendments that would change the adopted

21  urban development boundary, impact lands outside the urban

22  development boundary, or impact lands within the coastal

23  high-hazard area shall be reviewed pursuant to ss. 163.3184

24  and 163.3187.

25         (b)  Developments within the urban growth boundary and

26  outside the coastal high-hazard area are exempt from review

27  pursuant to ss. 380.06 and 380.061 to the extent established

28  in the designation agreement.

29         (c)  The Executive Office of the Governor shall work

30  with other departments to emphasize programs in designated

31  local governments in the areas of job creation; crime

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  1  prevention; environmental protection and restoration programs;

  2  solid waste recycling; transportation improvements, including

  3  highways, transit, and nonmotorized transportation projects;

  4  sewage treatment system improvements; expedited and

  5  prioritized funding initiatives; and other programs that will

  6  assist local governments to create and maintain

  7  self-sustaining communities.

  8         (6)  The secretary of the Department of Environmental

  9  Protection, the Secretary of Community Affairs, the Secretary

10  of Transportation, the Commissioner of Agriculture, the

11  executive director of the Game and Fresh Water Fish

12  Commission, and the executive directors of the five water

13  management districts shall have the authority to enter into

14  agreements with landowners, developers, businesses,

15  industries, individuals, and governmental agencies as may be

16  necessary to effectuate the provisions of this section. The

17  designated local government and the Department of Community

18  Affairs must be parties to any of the agreements.

19         (7)  Once designated as a sustainable community

20  pursuant to this section, the local government shall provide a

21  progress report to the department and the Advisory Council on

22  Intergovernmental Relations each year on the anniversary date

23  of its designation that identifies plan amendments adopted

24  during the year, updates the future land use map, and advises

25  whether the local government continues to comply with the

26  designation agreement. Beginning December 1, 1997, and each

27  year thereafter, the department shall provide a report to the

28  Speaker of the House of Representatives and the President of

29  the Senate regarding the successes and failures of this

30  demonstration project.  The report shall include any

31

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  1  recommendations for legislative action to modify or repeal the

  2  project.

  3         (8)  The designation of a local government as a

  4  sustainable community under this section shall be for a period

  5  of 5 years, unless otherwise revoked or renewed by the

  6  department.  The designation may be renewed if the department

  7  determines that the local government is complying with the

  8  terms of its agreement, showing continuing progress toward

  9  sustainable goals, and the demonstration project is still in

10  effect.

11         (9)  This section shall stand repealed on June 30, 2003

12  2001, and shall be reviewed by the Legislature prior to that

13  date.

14         (10)  If this section is repealed, all designations

15  shall terminate as of the effective date of the repeal.

16         Section 5.  Subsection (2) of section 186.507, Florida

17  Statutes, is amended to read:

18         186.507  Strategic regional policy plans.--

19         (2)  The Executive Office of the Governor shall adopt

20  by rule minimum criteria to be addressed in each strategic

21  regional policy plan and a uniform format for each plan.  Such

22  criteria must emphasize the requirement that Each regional

23  planning council, when preparing and adopting a strategic

24  regional policy plan, shall focus on regional rather than

25  local resources and facilities.

26         Section 6.  Section 186.508, Florida Statutes, is

27  amended to read:

28         186.508  Strategic regional policy plan adoption;

29  consistency with state comprehensive plan.--

30         (1)  Each regional planning council shall submit to the

31  Executive Office of the Governor its proposed strategic

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  1  regional policy plan on a schedule adopted by rule by the

  2  Executive Office of the Governor to coordinate implementation

  3  of the strategic regional policy plans with the evaluation and

  4  appraisal reports required by s. 163.3191.  The Executive

  5  Office of the Governor, or its designee, shall review the

  6  proposed strategic regional policy plan for consistency with

  7  the adopted state comprehensive plan and shall, within 60

  8  days, return the proposed strategic regional policy plan to

  9  the council, together with any revisions recommended by the

10  Governor. The Governor's recommended revisions shall be

11  included in the plans in a comment section. However, nothing

12  herein shall preclude a regional planning council from

13  adopting or rejecting any or all of the revisions as a part of

14  its plan prior to the effective date of the plan. The rules

15  adopting the strategic regional policy plan shall not be

16  subject to rule challenge under s. 120.56(2) or to drawout

17  proceedings under s. 120.54(3)(c)2., but, once adopted, shall

18  be subject to an invalidity challenge under s. 120.56(3) by

19  substantially affected persons, including the Executive Office

20  of the Governor.  The rules shall be adopted by the regional

21  planning councils within 90 days after receipt of the

22  revisions recommended by the Executive Office of the Governor,

23  and shall become effective upon filing with the Department of

24  State, notwithstanding the provisions of s. 120.54(3)(e)6.

25         (2)  If a local government within the jurisdiction of a

26  regional planning council challenges a portion of the

27  council's regional policy plan pursuant to s. 120.56, the

28  applicable portion of that local government's comprehensive

29  plan shall not be required to be consistent with the

30  challenged portion of the regional policy plan until 12 months

31

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  1  after the challenge has been resolved by an administrative law

  2  judge.

  3         (3)  All amendments to the adopted regional policy plan

  4  shall be subject to all challenges pursuant to chapter 120.

  5         Section 7.  Section 186.511, Florida Statutes, is

  6  amended to read:

  7         186.511  Evaluation of strategic regional policy plan;

  8  changes in plan.--The regional planning process shall be a

  9  continuous and ongoing process.  Each regional planning

10  council shall prepare an evaluation and appraisal report on

11  its strategic regional policy plan at least once every 5

12  years; assess the successes or failures of the plan; address

13  changes to the state comprehensive plan; and prepare and adopt

14  by rule amendments, revisions, or updates to the plan as

15  needed.  Each regional planning council shall involve the

16  appropriate local health councils in its region if the

17  regional planning council elects to address regional health

18  issues.  The evaluation and appraisal report shall be prepared

19  and submitted for review on a schedule established by rule by

20  the Executive Office of the Governor. The strategic regional

21  policy plan evaluation and review schedule shall facilitate

22  and be coordinated with, to the maximum extent feasible, the

23  evaluation and revision of local comprehensive plans pursuant

24  to s. 163.3191 for the local governments within each

25  comprehensive planning district.

26         Section 8.  Paragraph (f) of subsection (2) and

27  subsections (3), (8), (9), (10), and (12) of section 288.975,

28  Florida Statutes, are amended to read:

29         288.975  Military base reuse plans.--

30         (2)  As used in this section, the term:

31

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  1         (f)  "Regional policy plan" means a comprehensive

  2  regional policy plan that has been adopted by rule by a

  3  regional planning council until the council's rule adopting

  4  its strategic regional policy plan in accordance with the

  5  requirements of chapter 93-206, Laws of Florida, becomes

  6  effective, at which time "regional policy plan" shall mean a

  7  strategic regional policy plan that has been adopted by rule

  8  by a regional planning council pursuant to s. 186.508.

  9         (3)  No later than 6 months after May 31, 1994, or 6

10  months after the designation of a military base for closure by

11  the Federal Government, whichever is later, each host local

12  government shall notify the secretary of the Department of

13  Community Affairs and the director of the Office of Tourism,

14  Trade, and Economic Development in writing, by hand delivery

15  or return receipt requested, as to whether it intends to use

16  the optional provisions provided in this act. If a host local

17  government does not opt to use the provisions of this act,

18  land use planning and regulation pertaining to base reuse

19  activities within those host local governments shall be

20  subject to all applicable statutory requirements, including

21  those contained within chapters 163 and 380.

22         (8)  At the request of a host local government, the

23  Office of Tourism, Trade, and Economic Development shall

24  coordinate a presubmission workshop concerning a military base

25  reuse plan within the boundaries of the host jurisdiction.

26  Agencies that shall participate in the workshop shall include

27  any affected local governments; the Department of

28  Environmental Protection; the Office of Tourism, Trade, and

29  Economic Development; the Department of Community Affairs; the

30  Department of Transportation; the Department of Health and

31  Rehabilitative Services; the Department of Children and Family

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  1  Services; the Department of Agriculture and Consumer Services;

  2  the Department of State; the Game and Fresh Water Fish

  3  Commission; and any applicable water management districts and

  4  regional planning councils. The purposes of the workshop shall

  5  be to assist the host local government to understand issues of

  6  concern to the above listed entities pertaining to the

  7  military base site and to identify opportunities for better

  8  coordination of planning and review efforts with the

  9  information and analyses generated by the federal

10  environmental impact statement process and the federal

11  community base reuse planning process.

12         (9)  If a host local government elects to use the

13  optional provisions of this act, it shall, no later than 12

14  months after notifying the agencies of its intent pursuant to

15  subsection (3) either:

16         (a)  Send a copy of the proposed military base reuse

17  plan for review to any affected local governments; the

18  Department of Environmental Protection; the Office of Tourism,

19  Trade, and Economic Development; the Department of Community

20  Affairs; the Department of Transportation; the Department of

21  Health and Rehabilitative Services; the Department of Children

22  and Family Services; the Department of Agriculture and

23  Consumer Services; the Department of State; the Florida Game

24  and Fresh Water Fish Commission; and any applicable water

25  management districts and regional planning councils, or

26         (b)  Petition the secretary of the Department of

27  Community Affairs for an extension of the deadline for

28  submitting a proposed reuse plan. Such an extension request

29  must be justified by changes or delays in the closure process

30  by the federal Department of Defense or for reasons otherwise

31  deemed to promote the orderly and beneficial planning of the

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  1  subject military base reuse. The secretary of the Department

  2  of Community Affairs may grant extensions up to a 1-year

  3  extension to the required submission date of the reuse plan.

  4         (10)(a)  Within 60 days after receipt of a proposed

  5  military base reuse plan, these entities shall review and

  6  provide comments to the host local government. The

  7  commencement of this review period shall be advertised in

  8  newspapers of general circulation within the host local

  9  government and any affected local government to allow for

10  public comment. No later than 60 days after receipt and

11  consideration of all comments, and the holding of at least two

12  public hearings, the host local government shall adopt the

13  military base reuse plan. The host local government shall

14  comply with the notice requirements set forth in s.

15  163.3184(15) to ensure full public participation in this

16  planning process.

17         (b)  Notwithstanding paragraph (a), a host local

18  government may waive the requirement that the military base

19  reuse plan be adopted within 60 days after receipt and

20  consideration of all comments and the second public hearing.

21  The waiver may extend the time period in which to adopt the

22  military reuse plan to 180 days after the 60th day following

23  the receipt and consideration of all comments and the second

24  public hearing, or the date upon which this act becomes a law,

25  whichever is later.

26         (c)  The host local government may exercise the waiver

27  after the 60th day following the receipt and consideration of

28  all comments and the second public hearing. However, the host

29  local government must exercise this waiver no later than 180

30  days after the 60th day following the receipt and

31  consideration of all comments and the second public hearing,

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  1  or the date upon which this act becomes a law, whichever is

  2  later.

  3         (d)  Any action by a host local government to adopt a

  4  military base reuse plan after the expiration of the 60-day

  5  period is deemed an exercise of the waiver pursuant to

  6  paragraph (b), without further action by the host local

  7  government.

  8         (12)  Following receipt of a petition, the petitioning

  9  party or parties and the host local government shall seek

10  resolution of the issues in dispute. The issues in dispute

11  shall be resolved as follows:

12         (a)  The petitioning parties and host local government

13  shall have 45 days to resolve the issues in dispute. Other

14  affected parties that submitted comments on the proposed

15  military base reuse plan may be given the opportunity to

16  formally participate in decisions and agreements made in these

17  and subsequent proceedings by mutual consent of the

18  petitioning party and the host local government. A third-party

19  mediator may be used to help resolve the issues in dispute.

20         (b)  If resolution of the dispute cannot be achieved

21  within 45 days, the petitioning parties and host local

22  government may extend such dispute resolution for up to 45

23  days. If resolution of the dispute cannot be achieved with the

24  above timeframes, the issues in dispute shall be submitted to

25  the state land planning agency. If the issues stem from

26  multiple petitions, the mediation shall be consolidated into a

27  single proceeding. The state land planning agency shall have

28  45 days to hold informal hearings, if necessary, identify the

29  issues in dispute, prepare a record of the proceedings, and

30  provide recommended solutions to the parties. If the parties

31  fail to implement the recommended solutions within 45 days,

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  1  the state land planning agency shall submit the matter to the

  2  Division of Administrative Hearings for a formal hearing under

  3  chapter 120. The division shall issue a recommended order,

  4  which shall be provided to the state land planning agency.

  5  Within 45 days, the state land planning agency shall forward

  6  the recommended order, along with its recommended final order,

  7  to the Administration Commission for final action. The report

  8  to the Administration Commission shall list each issue in

  9  dispute, describe the nature and basis for each dispute,

10  identify the recommended solutions provided to the parties,

11  and make recommendations for actions the Administration

12  Commission should take to resolve the disputed issues.

13         (c)  If In the event the state land planning agency is

14  a party to the dispute, the issues in dispute shall be

15  submitted to resolved by a party jointly selected by the state

16  land planning agency and the host local government. The

17  selected party shall comply with the responsibilities placed

18  upon the state land planning agency in this section.

19         (d)  Within 45 days after receiving the recommendation

20  report from the state land planning agency, the Administration

21  Commission shall take action to resolve the issues in dispute.

22  In deciding upon a proper resolution, the Administration

23  Commission shall consider the recommended final order prepared

24  by the state land planning agency, the recommended order of

25  the division, and nature of the issues in dispute, the

26  compliance of the parties with this section, the extent of the

27  conflict between the parties, the comparative hardships and

28  the public interest involved. If the Administration Commission

29  incorporates in its final order a term or condition that

30  requires any local government to amend its local government

31  comprehensive plan, the local government shall amend its plan

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  1  within 60 days after the issuance of the order. Such amendment

  2  or amendments shall be exempt from the limitation of the

  3  frequency of plan amendments contained in s. 163.3187(2), and

  4  a public hearing on such amendment or amendments pursuant to

  5  s. 163.3184(15)(b)1. shall not be required. The final order of

  6  the Administration Commission is subject to appeal pursuant to

  7  s. 120.68. If the order of the Administration Commission is

  8  appealed, the time for the local government to amend its plan

  9  shall be tolled during the pendency of any local, state, or

10  federal administrative or judicial proceeding relating to the

11  military base reuse plan.

12         Section 9.  Section 288.980, Florida Statutes, is

13  amended to read:

14         288.980  Military base closure, retention, realignment,

15  or defense-related readjustment and diversification;

16  legislative intent; grants program.--

17         (1)  It is the intent of this state to provide the

18  necessary means to assist communities with military

19  installations that would be adversely affected by federal base

20  realignment or closure actions. It is further the intent to

21  encourage communities to establish local or regional community

22  base realignment or closure commissions to initiate a

23  coordinated program of response and plan of action in advance

24  of future actions of the federal Base Realignment and Closure

25  Commission. It is critical that closure-vulnerable communities

26  develop such a program to preserve affected military

27  installations. The Legislature, therefore, declares that

28  providing such assistance to support the defense-related

29  initiatives within this section is a public purpose for which

30  public money may be used.

31

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  1         (2)(a)  The Office of Tourism, Trade, and Economic

  2  Development is authorized to award grants from any funds

  3  available to it to support activities specifically

  4  appropriated for this purpose to applicants' eligible

  5  projects. Eligible projects shall be limited to:

  6         1.  Activities related to the retention of military

  7  installations potentially affected by federal base closure or

  8  realignment.

  9         2.  Activities related to preventing the potential

10  realignment or closure of a military installation officially

11  identified by the Federal Government for potential realignment

12  or closure.

13         (b)  The term "activities" as used in this section

14  means studies, presentations, analyses, plans, and modeling.

15  Travel and costs incidental thereto, and staff salaries, are

16  not considered an "activity" for which grant funds may be

17  awarded.

18         (c)  The amount of any grant provided to an applicant

19  in any one year may not exceed $250,000. The Office of

20  Tourism, Trade, and Economic Development shall require that an

21  applicant:

22         1.  Represent a local government community with a

23  military installation or military installations that could be

24  adversely affected by federal base realignment or closure.

25         2.  Agree to match at least 50 25 percent of any grant

26  awarded by the department in cash or in-kind services.  Such

27  match must be directly related to the activities for which the

28  grant is being sought.

29         3.  Prepare a coordinated program or plan of action

30  delineating how the eligible project will be administered and

31  accomplished, which must include a plan for assuring close

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  1  cooperation between civilian and military authorities in the

  2  conduct of the funded activities and a plan for public

  3  involvement.

  4         4.  Provide documentation describing the potential for

  5  realignment or closure of a military installation located in

  6  the applicant's community and the adverse impacts such

  7  realignment or closure will have on the applicant's community.

  8         (d)  In making grant awards for eligible projects, the

  9  office shall consider, at a minimum, the following factors:

10         1.  The relative value of the particular military

11  installation in terms of its importance to the local and state

12  economy relative to other military installations vulnerable to

13  closure.

14         2.  The potential job displacement within the local

15  community should the military installation be closed.

16         3.  The potential adverse impact on industries and

17  technologies which service the military installation.

18         (e)  For purposes of base closure and realignment,

19  "applicant" means one or more counties, or a base closure or

20  realignment commission created by one or more counties, to

21  oversee the potential or actual realignment or closure of a

22  military installation within the jurisdiction of such local

23  government.

24         (3)  The Florida Economic Reinvestment Initiative is

25  established to respond to the need for this state and

26  defense-dependent communities in this state to develop

27  alternative economic diversification strategies to lessen

28  reliance on national defense dollars in the wake of base

29  closures and reduced federal defense expenditures and the need

30  to formulate specific base reuse plans and identify any

31  specific infrastructure needed to facilitate reuse. The

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  1  initiative shall consist of the following three distinct grant

  2  programs to be administered by the Department of Commerce:

  3         (a)  The Florida Defense Planning Grant Program,

  4  through which funds shall be used to analyze the extent to

  5  which the state is dependent on defense dollars and defense

  6  infrastructure and prepare alternative economic development

  7  strategies.  The state shall work in conjunction with

  8  defense-dependent communities in developing strategies and

  9  approaches that will help communities make the transition from

10  a defense economy to a nondefense economy. Grant awards may

11  not exceed $100,000 per applicant and shall be available on a

12  competitive basis.

13         (b)  The Florida Defense Implementation Grant Program,

14  through which funds shall be made available to

15  defense-dependent communities to implement the diversification

16  strategies developed pursuant to paragraph (a). Eligible

17  applicants include defense-dependent counties and cities, and

18  local economic development councils located within such

19  communities.  Grant awards may not exceed $100,000 per

20  applicant and shall be available on a competitive basis.

21  Awards shall be matched on a one-to-one basis.

22         (c)  The Florida Military Installation Reuse Planning

23  and Marketing Grant Program, through which funds shall be used

24  to help counties, cities, and local economic development

25  councils develop and implement plans for the reuse of closed

26  or realigned military installations, including any necessary

27  infrastructure improvements needed to facilitate reuse and

28  related marketing activities.  Grant awards are limited to not

29  more than $100,000 per eligible applicant and made available

30  through a competitive process.  Awards shall be matched on a

31  one-to-one basis.

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  1         (4)(a)  The Defense-Related Business Adjustment Program

  2  is hereby created.  The Secretary of Commerce shall coordinate

  3  the development of the Defense-Related Business Adjustment

  4  Program.  Funds shall be available to assist defense-related

  5  companies in the creation of increased commercial technology

  6  development through investments in technology.  Such

  7  technology must have a direct impact on critical state needs

  8  for the purpose of generating investment-grade technologies

  9  and encouraging the partnership of the private sector and

10  government defense-related business adjustment.  The following

11  areas shall receive precedence in consideration for funding

12  commercial technology development:  law enforcement or

13  corrections, environmental protection, transportation,

14  education, and health care.  Travel and costs incidental

15  thereto, and staff salaries, are not considered an "activity"

16  for which grant funds may be awarded.

17         (b)  The department shall require that an applicant:

18         1.  Be a defense-related business that could be

19  adversely affected by federal base realignment or closure or

20  reduced defense expenditures.

21         2.  Agree to match at least 50 percent of any funds

22  awarded by the department in cash or in-kind services.  Such

23  match shall be directly related to activities for which the

24  funds are being sought.

25         3.  Prepare a coordinated program or plan delineating

26  how the funds will be administered.

27         4.  Provide documentation describing how

28  defense-related realignment or closure will adversely impact

29  defense-related companies.

30         (5)  The Secretary of Commerce may award nonfederal

31  matching funds specifically appropriated for construction,

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  1  maintenance, and analysis of a Florida defense workforce

  2  database. Such funds will be used to create a registry of

  3  worker skills that can be used to match the worker needs of

  4  companies that are relocating to this state or to assist

  5  workers in relocating to other areas within this state where

  6  similar or related employment is available.

  7         (6)  The Office of Tourism, Trade, and Economic

  8  Development shall establish guidelines to implement and carry

  9  out the purpose and intent of this section.

10         Section 10.  Subsection (8) of section 380.05, Florida

11  Statutes, is amended to read:

12         380.05  Areas of critical state concern.--

13         (8)  If any local government fails to submit land

14  development regulations or a local comprehensive plan, or if

15  the regulations or plan or plan amendment submitted do not

16  comply with the principles for guiding development set out in

17  the rule designating the area of critical state concern,

18  within 120 days after the adoption of the rule designating an

19  area of critical state concern, or within 120 days after the

20  issuance of a recommended order on the compliance of the plan

21  or plan amendment pursuant to s. 163.3184, or within 120 days

22  after the effective date of an order rejecting a proposed land

23  development regulation, the state land planning agency may

24  shall submit to the commission recommended land development

25  regulations and a local comprehensive plan or portions thereof

26  applicable to that local government's portion of the area of

27  critical state concern. Within 45 days following receipt of

28  the recommendation from the agency, the commission shall

29  either reject the recommendation as tendered or adopt the

30  recommendation with or without modification, and by rule

31  establish land development regulations and a local

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  1  comprehensive plan applicable to that local government's

  2  portion of the area of critical state concern.  However, such

  3  rule shall not become effective prior to legislative review of

  4  an area of critical state concern pursuant to paragraph

  5  (1)(c).  In the rule, the commission shall specify the extent

  6  to which its land development regulations, plans, or plan

  7  amendments will supersede, or will be supplementary to, local

  8  land development regulations and plans.  Notice of any

  9  proposed rule issued under this section shall be given to all

10  local governments and regional planning agencies in the area

11  of critical state concern, in addition to any other notice

12  required under chapter 120.  The land development regulations

13  and local comprehensive plan adopted by the commission under

14  this section may include any type of regulation and plan that

15  could have been adopted by the local government. Any land

16  development regulations or local comprehensive plan or plan

17  amendments adopted by the commission under this section shall

18  be administered by the local government as part of, or in the

19  absence of, the local land development regulations and local

20  comprehensive plan.

21         Section 11.  Subsections (12) and (14) of section

22  380.06, Florida Statutes, are amended to read:

23         380.06  Developments of regional impact.--

24         (12)  REGIONAL REPORTS.--

25         (a)  Within 50 days after receipt of the notice of

26  public hearing required in paragraph (11)(c), the regional

27  planning agency, if one has been designated for the area

28  including the local government, shall prepare and submit to

29  the local government a report and recommendations on the

30  regional impact of the proposed development.  In preparing its

31  report and recommendations, the regional planning agency shall

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  1  identify regional issues based upon the following review

  2  criteria and make recommendations to the local government on

  3  these regional issues, specifically considering whether, and

  4  the extent to which:

  5         1.  The development will have a favorable or

  6  unfavorable impact on state or regional resources or

  7  facilities identified in the applicable state or regional

  8  plans.  For the purposes of this subsection, "applicable state

  9  plan" means the state comprehensive plan and the state land

10  development plan. For the purposes of this subsection,

11  "applicable regional plan" means an adopted comprehensive

12  regional policy plan until the adoption of a strategic

13  regional policy plan pursuant to s. 186.508, and thereafter

14  means an adopted strategic regional policy plan.

15         2.  The development will significantly impact adjacent

16  jurisdictions. At the request of the appropriate local

17  government, regional planning agencies may also review and

18  comment upon issues that affect only the requesting local

19  government.

20         3.  As one of the issues considered in the review in

21  subparagraphs 1. and 2., the development will favorably or

22  adversely affect the ability of people to find adequate

23  housing and day care facilities reasonably accessible to their

24  places of employment.  The determination should take into

25  account information on factors that are relevant to the

26  availability of reasonably accessible adequate housing.

27  Adequate housing means housing that is available for occupancy

28  and that is not substandard.

29         (b)  At the request of the regional planning agency,

30  other appropriate agencies shall review the proposed

31  development and shall prepare reports and recommendations on

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  1  issues that are clearly within the jurisdiction of those

  2  agencies. Such agency reports shall become part of the

  3  regional planning agency report; however, the regional

  4  planning agency may attach dissenting views. When water

  5  management district and Department of Environmental Protection

  6  permits have been issued pursuant to chapter 373 or chapter

  7  403, the regional planning council may comment on the regional

  8  implications of the permits but may not offer conflicting

  9  recommendations.

10         (c)  The regional planning agency shall afford the

11  developer or any substantially affected party reasonable

12  opportunity to present evidence to the regional planning

13  agency head relating to the proposed regional agency report

14  and recommendations.

15         (14)  CRITERIA OUTSIDE AREAS OF CRITICAL STATE

16  CONCERN.--If the development is not located in an area of

17  critical state concern, in considering whether the development

18  shall be approved, denied, or approved subject to conditions,

19  restrictions, or limitations, the local government shall

20  consider whether, and the extent to which:

21         (a)  The development unreasonably interferes with the

22  achievement of the objectives of an adopted state land

23  development plan applicable to the area;

24         (a)(b)  The development is consistent with the local

25  comprehensive plan and local land development regulations;

26         (b)(c)  The development is consistent with the report

27  and recommendations of the regional planning agency submitted

28  pursuant to subsection (12); and

29         (c)(d)  The development is consistent with the State

30  Comprehensive Plan. In consistency determinations the plan

31

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  1  shall be construed and applied in accordance with s.

  2  187.101(3).

  3         Section 12.  Paragraph (d) is added to subsection (3)

  4  of section 380.23, Florida Statutes, to read:

  5         380.23  Federal consistency.--

  6         (3)  Consistency review shall be limited to review of

  7  the following activities, uses, and projects to ensure that

  8  such activities and uses are conducted in accordance with the

  9  state's coastal management program:

10         (d)  Federal activities within the territorial limits

11  of neighboring states when the governor and the department

12  determine that significant individual or cumulative impact to

13  the land or water resources of the state would result from the

14  activities.

15         Section 13.  Transportation and Land Use Study

16  Committee.--The state land planning agency and the Department

17  of Transportation shall evaluate the statutory provisions

18  relating to land use and transportation coordination and

19  planning issues, including community design, required in part

20  II of chapter 163, Florida Statutes, and shall consider

21  changes to statutes, as well as to all pertinent rules

22  associated with the statutes. The evaluation must include an

23  evaluation of the roles of local government, regional planning

24  councils, state agencies, and metropolitan planning

25  organizations in addressing these subject areas. Special

26  emphasis must be given in this evaluation to concurrency on

27  the highway system, levels of service methodologies, and land

28  use impact assessments used to project transportation needs.

29  The evaluation must be conducted in consultation with a

30  technical committee of at least 15 members to be known as the

31  Transportation and Land Use Study Committee, appointed by the

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  1  secretary of the state land planning agency and the Secretary

  2  of Transportation. The membership must be representative of

  3  local governments, regional planning councils, the private

  4  sector, metropolitan planning organizations, and citizen and

  5  environmental organizations. By January 15, 1999, the

  6  committee shall send an evaluation report to the Governor, the

  7  President of the Senate, and the Speaker of the House of

  8  Representatives to provide recommendations for appropriate

  9  changes to the transportation planning requirements in chapter

10  163, Florida Statutes, and other statutes, as appropriate.

11         Section 14.  Subsection (17) of section 380.031 and

12  subsection (7) of section 380.0555, Florida Statutes, are

13  repealed.

14         Section 15.  This act shall take effect upon becoming a

15  law.

16

17            *****************************************

18                          SENATE SUMMARY

19    Changes the name of the Division of Resource Planning and
      Management to the Division of Community Planning in the
20    Department of Community Affairs. Modifies de minimis
      standards for transportation concurrency. Requires the
21    department to maintain specific documents dealing with
      amendment to local comprehensive plans. Revises the
22    number and size of local governments involved in the
      sustainable communities demonstration project. Removes
23    responsibilities of the Executive Office of the Governor
      relating to strategic regional policy plans. Revises
24    criteria for military base reuse plans. Provides revised
      standards for the military base retention process.
25    Revises grants for local governments. Removes the mandate
      to the Department of Community Affairs to submit certain
26    recommendations about areas of critical state concern.
      Adds day care facilities as an issue in the
27    development-of-regional-impact review process. Adds an
      element to federal consistency review. Creates the
28    Transportation and Land Use Study Committee. Deletes
      references to the state land development plan. Repeals
29    the Apalachicola Bay Area Resource Planning and
      Management Committee.
30

31

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