Senate Bill 1726c1

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    Florida Senate - 1998                           CS for SB 1726

    By the Committee on Community Affairs and Senator Dyer





    316-2124A-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. 163.3164, F.S.; defining the term

  6         "optional sector plan"; amending s. 163.3171,

  7         F.S.; inserting a cross-reference; amending s.

  8         163.3180, F.S.; modifying de minimis standards

  9         for transportation concurrency; amending s.

10         163.3184, F.S.; inserting cross-references;

11         requiring the department to maintain specified

12         documents dealing with amendments to local

13         comprehensive plans; amending s. 163.3187,

14         F.S.; prohibiting local governments from

15         amending comprehensive plans until after

16         adoption of an evaluation and appraisal report;

17         providing that a comprehensive plan amendment

18         is not required for the renovation, expansion,

19         or addition to a marine exhibition park complex

20         under certain circumstances; amending s.

21         163.3191, F.S.; revising the requirements for

22         evaluation and appraisal reports; creating s.

23         163.3245, F.S.; authorizing the adoption of

24         optional sector plans under certain

25         circumstances; providing for agreements with

26         the Department of Community Affairs; providing

27         for contents; amending s. 171.044, F.S.;

28         requiring a municipality to notify the county

29         of annexation ordinances; amending ss. 186.507,

30         186.508, 186.511, F.S.; revising

31         responsibilities of the Executive Office of the

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  1         Governor relating to strategic regional policy

  2         plans; amending ss. 186.003, 186.007, 186.008,

  3         186.009, F.S.; deleting references to the state

  4         land development plan; creating a committee to

  5         be appointed by the Governor to review the

  6         state comprehensive plan; amending s. 288.975,

  7         F.S.; redefining the term "regional policy

  8         plan"; revising criteria for military base

  9         reuse plans; amending s. 288.980, F.S.;

10         providing revised standards for military base

11         retention; providing conditions for the award

12         of grants by the Office of Tourism, Trade, and

13         Economic Development; amending s. 380.06, F.S.;

14         deleting reference to the state land

15         development plan; adding day care facilities as

16         an issue in the development-of-regional-impact

17         review process; amending s. 380.061, F.S.;

18         deleting a consistency requirement for certain

19         Florida Quality Developments; amending s.

20         380.065, F.S.; deleting a reference to the

21         state land development plan; amending s.

22         380.23, F.S.; adding an element to federal

23         consistency review; creating the Transportation

24         and Land Use Study Committee; requiring the

25         committee to report to the Governor and the

26         Legislature; repealing s. 380.031(17), F.S.,

27         which defines the term "state land development

28         plan"; repealing s. 380.0555(7), F.S., which

29         provides for a resource planning and management

30         committee for the Apalachicola Bay Area;

31         repealing s. 380.06(14)(a), F.S., which

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  1         requires that development not interfere with

  2         the state land development plan; providing for

  3         severability; providing an effective date.

  4

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

  6

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

  8  20.18, Florida Statutes, is amended to read:

  9         20.18  Department of Community Affairs.--There is

10  created a Department of Community Affairs.

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

12  Affairs are established:

13         (c)  Division of Community Resource Planning and

14  Management.

15         Section 2.  Subsection (31) is added to section

16  163.3164, Florida Statutes, to read:

17         163.3164  Definitions.--As used in this act:

18         (31)  "Optional sector plan" means an optional process

19  authorized by s. 163.3245 in which one of more local

20  governments by agreement with the state land planning agency

21  are allowed to address development-of-regional impact issues

22  within certain designated geographic areas identified in the

23  local comprehensive plan as a means of fostering innovative

24  planning and development strategies in s. 163.3177(11)(a) and

25  (b), furthering the purposes of chapter 163, part II, and

26  chapter 380, part I, reducing overlapping data and analysis

27  requirements, protecting regionally significant resources and

28  facilities, and addressing extra-jurisdictional impacts.

29         Section 3.  Subsection (4) of section 163.3171, Florida

30  Statutes, is amended to read:

31         163.3171  Areas of authority under this act.--

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  1         (4)  The state land planning agency and a local

  2  government shall have the power to enter into agreements with

  3  each other and to agree together to enter into agreements with

  4  a landowner, developer, or governmental agency as may be

  5  necessary or desirable to effectuate the provisions and

  6  purposes of s. 163.3177(6)(h) and (11)(a), (b), and (c), and

  7  s. 163.3245.

  8         Section 4.  Subsection (6) of section 163.3180, Florida

  9  Statutes, is amended to read:

10         163.3180  Concurrency.--

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

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

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

14  volume at the adopted level of service of the affected

15  transportation facility as determined by the local government.

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

17  volumes and the projected volumes from approved projects on a

18  transportation facility it would exceed 110 percent of the

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

20  sum of existing volumes and the projected volumes from

21  approved projects on a transportation facility; provided

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

23  lot will constitute a de minimis impact on all roadways

24  regardless of the level of the deficiency of the roadway.

25  Local governments are encouraged to adopt methodologies to

26  encourage de minimis impacts on transportation facilities

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

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

29  standard of any affected designated hurricane evacuation

30  routes.

31

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  1         Section 5.  Paragraph (b) of subsection (1) and

  2  subsections (2), (4), and (6) of section 163.3184, are amended

  3  to read:

  4         163.3184  Process for adoption of comprehensive plan or

  5  plan amendment.--

  6         (1)  DEFINITIONS.--As used in this section:

  7         (b)  "In compliance" means consistent with the

  8  requirements of ss. 163.3177, 163.3178, 163.3180, and

  9  163.3191, and 163.3245, with the state comprehensive plan,

10  with the appropriate strategic regional policy plan, and with

11  chapter 9J-5, Florida Administrative Code, where such rule is

12  not inconsistent with chapter 163, part II and with the

13  principles for guiding development in designated areas of

14  critical state concern.

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

16  amendment proposed to be adopted pursuant to this part shall

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

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

19  responsibility for plan review, coordination, and the

20  preparation and transmission of comments, pursuant to this

21  section, to the local governing body responsible for the

22  comprehensive plan. The state land planning agency shall

23  maintain a single file concerning any proposed or adopted plan

24  amendment submitted by a local government for any review under

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

26  memoranda, and other documents received or generated by the

27  state land planning agency must be placed in the appropriate

28  file. Paper copies of all electronic mail correspondence must

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

30  available for public inspection and copying as provided in

31  chapter 119.

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

  2  comprehensive plan amendment is requested or otherwise

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

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

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

  6  amendment to various government agencies, as appropriate, for

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

  8  department, the Department of Transportation, the water

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

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

11  agency.  These governmental agencies shall provide comments to

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

13  the proposed plan amendment.  The appropriate regional

14  planning council shall also provide its written comments to

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

16  the proposed plan amendment and shall specify any objections,

17  recommendations for modifications, and comments of any other

18  regional agencies to which the regional planning council may

19  have referred the proposed plan amendment. Written comments

20  submitted by the public within 30 days after notice of

21  transmittal by the local government of the proposed plan

22  amendment will be considered as if submitted by governmental

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

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

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

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

27  proposed plan amendment upon request of a regional planning

28  council, affected person, or local government transmitting the

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

30  transmittal of the proposed plan amendment pursuant to

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

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  1  objections, recommendations, and comments regarding the

  2  proposed plan amendment.  A regional planning council or

  3  affected person requesting a review shall do so by submitting

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

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

  6  notice.

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

  8  proposed plan amendment regardless of whether a request for

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

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

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

12  transmittal of the proposed plan amendment pursuant to

13  subsection (3).

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

15  comments from the various government agencies, as well as

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

17  have 30 days to review comments from the various government

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

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

20  agency shall transmit in writing its comments to the local

21  government along with any objections and any recommendations

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

23  has implemented a permitting program, the state land planning

24  agency shall not require a local government to duplicate or

25  exceed that permitting program in its comprehensive plan or to

26  implement such a permitting program in its land development

27  regulations.  Nothing contained herein shall prohibit the

28  state land planning agency in conducting its review of local

29  plans or plan amendments from making objections,

30  recommendations, and comments or making compliance

31  determinations regarding densities and intensities consistent

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

  2  the state land planning agency shall only base its

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

  4  source.

  5         (d)  The state land planning agency review shall

  6  identify all written communications with the agency regarding

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

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

  9  the local government all written communications received 30

10  days after transmittal. The written identification must

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

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

13  the documents to be identified and copies requested, if

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

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

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

17  planning agency.

18         Section 6.  Effective October 1, 1998, subsection (6)

19  of section 163.3187, Florida Statutes, is amended and

20  subsection (8) is added to that section to read:

21         163.3187  Amendment of adopted comprehensive plan.--

22         (6)(a)  No local government may amend its comprehensive

23  plan after the date established by the state land planning

24  agency rule for adoption submittal of its evaluation and

25  appraisal report unless it has submitted its report or

26  addendum to the state land planning agency as prescribed by s.

27  163.3191, except for plan amendments described in paragraph

28  (1)(b).:

29         (a)  Plan amendments to implement recommendations in

30  the report or addendum.

31

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  1         (b)  A local government may amend its comprehensive

  2  plan after it has submitted its adopted evaluation and

  3  appraisal report and for a period of 1 year after the initial

  4  determination of sufficiency regardless of whether the report

  5  has been determined to be insufficient Plan amendments

  6  described in paragraph (1)(b).

  7         (c)  A local government may not amend its comprehensive

  8  plan, except for plan amendments described in paragraph

  9  (1)(b), if the 1-year period after the initial sufficiency

10  determination of the report has expired and the report has not

11  been determined to be sufficient Plan amendments described in

12  s. 163.3184(16)(d) to implement the terms of compliance

13  agreements entered into before the date established for

14  submittal of the report or addendum.

15         (d)  When the state land planning agency has determined

16  that the report or addendum has sufficiently addressed all

17  pertinent provisions of s. 163.3191, the local government may

18  amend its comprehensive plan without the limitations imposed

19  by paragraph (a) or paragraph (c) proceed with plan amendments

20  in addition to those necessary to implement recommendations in

21  the report or addendum.

22         (e)  Any plan amendment which a local government

23  attempts to adopt in violation of paragraph (a) or paragraph

24  (c) is invalid, but such invalidity may be overcome if the

25  local government readopts the amendment and transmits the

26  amendment to the state land planning agency pursuant to s.

27  163.3184(7) after the report is determined to be sufficient.

28         (8) Notwithstanding any other provision of law, a

29  comprehensive plan amendment shall not be required for any

30  renovation, expansion, or addition to a marine exhibition park

31  complex if the complex has been in continuous existence for at

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  1  least 30 years and is located on land composed of at least 25

  2  contiguous acres and owned in fee simple by a county or

  3  municipality. Such renovation, expansion, or addition may

  4  include recreational and educational uses, restaurants, gift

  5  shops, marine or water amusements, environmentally related

  6  theaters, and any other compatible uses. Such renovations,

  7  expansions, or additions are hereby determined to be

  8  consistent with the applicable adopted comprehensive plan.

  9         Section 7.  Effective October 1, 1998, section

10  163.3191, Florida Statutes, is amended to read:

11         (Substantial rewording of section.  See

12         s. 163.3191, F.S., for present text.)

13         163.3191  Evaluation and appraisal of comprehensive

14  plan.--

15         (1)  The planning program shall be a continuous and

16  ongoing process.  Each local government shall adopt an

17  evaluation and appraisal report once every 7 years assessing

18  the progress in implementing the local government's

19  comprehensive plan.  Furthermore, it is the intent of this

20  section that:

21         (a)  Adopted comprehensive plans be reviewed through

22  such evaluation process to respond to changes in state,

23  regional, and local policies on planning and growth management

24  and changing conditions and trends, to ensure effective

25  intergovernmental coordination, and to identify major issues

26  regarding the community's achievement of its goals.

27         (b)  After completion of the initial evaluation and

28  appraisal report and any supporting plan amendments, each

29  subsequent evaluation and appraisal report must evaluate the

30  comprehensive plan in effect at the time of the initiation of

31  the evaluation and appraisal report process.

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  1         (c)  Local governments identify the major issues, if

  2  applicable, with input from state agencies, regional agencies,

  3  adjacent local governments, and the public in the evaluation

  4  and appraisal report process.  It is also the intent of this

  5  section to establish minimum requirements for information to

  6  ensure predictability, certainty, and integrity in the growth

  7  management process.  The report is intended to serve as a

  8  summary audit of the actions that a local government has

  9  undertaken and identify changes that it may need to make.  The

10  report should be based on the local government's analysis of

11  major issues to further the community's goals consistent with

12  statewide minimum standards.  The report is not intended to

13  require a comprehensive rewrite of the elements within the

14  local plan, unless a local government chooses to do so.

15         (2)  The report shall present an evaluation and

16  assessment of the comprehensive plan and shall contain

17  appropriate statements to update the comprehensive plan,

18  including, but not limited to, words, maps, illustrations, or

19  other media, related to:

20         (a)  Population growth and changes in land area,

21  including annexation, since the adoption of the original plan

22  or the most recent update amendments.

23         (b)  The extent of vacant and developable land.

24         (c)  The financial feasibility of implementing the

25  comprehensive plan and of providing needed infrastructure to

26  achieve and maintain adopted level of service standards and

27  sustain concurrency management systems through the capital

28  improvements element, as well as the ability to address

29  infrastructure backlogs and meet the demands of growth on

30  public services and facilities.

31

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  1         (d)  The location of existing development in relation

  2  to the location of development as anticipated in the original

  3  plan, or in the plan as amended by the most recent evaluation

  4  and appraisal report update amendments, such as within areas

  5  designated for urban growth.

  6         (e)  An identification of the major issues for the

  7  jurisdiction and, where pertinent, the potential social,

  8  economic, and environmental impacts.

  9         (f)  Relevant changes to the state comprehensive plan,

10  the requirements of part II of chapter 163, the minimum

11  criteria contained in Chapter 9J-5, Florida Administrative

12  Code, and the appropriate strategic regional policy plan since

13  the adoption of the original plan or the most recent

14  evaluation and appraisal report update amendments.

15         (g)  An assessment of whether the plan objectives

16  within each element, as they relate to major issues, have been

17  achieved.  The report shall include, as appropriate, an

18  identification as to whether unforeseen or unanticipated

19  changes in circumstances have resulted in problems or

20  opportunities with respect to major issues identified in each

21  element and the social, economic, and environmental impacts of

22  the issue.

23         (h)  A brief assessment of successes and shortcomings

24  related to each element of the plan.

25         (i)  The identification of any actions or corrective

26  measures, including whether plan amendments are anticipated to

27  address the major issues identified and analyzed in the

28  report.  Such identification shall include, as appropriate,

29  new population projections, new revised planning timeframes, a

30  revised future conditions map or map series, an updated

31  capital improvements element, and any new and revised goals,

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  1  objectives, and policies for major issues identified within

  2  each element.  This paragraph shall not require the submittal

  3  of the plan amendments with the evaluation and appraisal

  4  report.

  5         (j)  A summary of the public participation program and

  6  activities undertaken by the local government in preparing the

  7  report.

  8         (3)  Voluntary scoping meetings may be conducted by

  9  each local government or several local governments within the

10  same county that agree to meet together.  Joint meetings among

11  all local governments in a county are encouraged.  All scoping

12  meetings shall be completed at least 1 year prior to the

13  established adoption date of the report.  The purpose of the

14  meetings shall be to distribute data and resources available

15  to assist in the preparation of the report, to provide input

16  on major issues in each community that should be addressed in

17  the report, and to advise on the extent of the effort for the

18  components of subsection (2).  If scoping meetings are held,

19  the local government shall invite each state and regional

20  reviewing agency, as well as adjacent and other affected local

21  governments.  A preliminary list of new data and major issues

22  that have emerged since the adoption of the original plan, or

23  the most recent evaluation and appraisal report based update

24  amendments, should be developed by state and regional entities

25  and involved local governments for distribution at the scoping

26  meeting. For purposes of this subsection, a "scoping meeting"

27  is a meeting conducted to determine the scope of review of the

28  evaluation and appraisal report by parties to which the report

29  relates.

30         (4)  The local planning agency shall prepare the

31  evaluation and appraisal report and shall make recommendations

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  1  to the governing body regarding adoption of the proposed

  2  report.  The local planning agency shall prepare the report in

  3  conformity with its public participation procedures adopted as

  4  required by s. 163.3181.  During the preparation of the

  5  proposed report and prior to making any recommendation to the

  6  governing body, the local planning agency shall hold at least

  7  one public hearing, with public notice, on the proposed

  8  report.  At a minimum, the format and content of the proposed

  9  report shall include a table of contents, numbered pages,

10  element headings, section headings within elements, a list of

11  included tables, maps, and figures, a title and sources for

12  all included tables, a preparation date, and the name of the

13  preparer. Where applicable, maps shall include major natural

14  and artificial geographic features, city, county, and state

15  lines, and a legend indicating a north arrow, map scale, and

16  the date.

17         (5)  Ninety days prior to the scheduled adoption date,

18  the local government may provide a proposed evaluation and

19  appraisal report to the state land planning agency and

20  distribute copies to state and regional commenting agencies as

21  prescribed by rule, adjacent jurisdictions, and interested

22  citizens for review.  All review comments, including comments

23  by the state land planning agency, shall be transmitted to the

24  local government and state land planning agency within 30 days

25  after receipt of the proposed report.

26         (6)  The governing body, after considering the review

27  comments and recommended changes, if any, shall adopt the

28  evaluation and appraisal report by resolution or ordinance at

29  a public hearing with public notice.  The governing body shall

30  adopt the report in conformity with its public participation

31  procedures adopted as required by s. 163.3181.  The local

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  1  government shall submit to the state land planning agency

  2  three copies of the report, a transmittal letter indicating

  3  the dates of public hearings, and a copy of the adoption

  4  resolution or ordinance.  The local government shall provide a

  5  copy of the report to the reviewing agencies which provided

  6  comments for the proposed report, or to all the reviewing

  7  agencies if a proposed report was not provided pursuant to

  8  subsection (5), including the adjacent local governments.

  9  Within 60 days after receipt, the state land planning agency

10  shall review the adopted report and make a preliminary

11  sufficiency determination that shall be forwarded by the

12  agency to the local government for its consideration.  The

13  state land planning agency shall issue a final sufficiency

14  determination within 90 days after receipt of the adopted

15  evaluation and appraisal report.

16         (7)  The intent of the evaluation and appraisal process

17  is the preparation of a plan update that clearly and concisely

18  achieves the purpose of this section.  Toward this end, the

19  sufficiency review of the state land planning agency shall

20  concentrate on whether the evaluation and appraisal report

21  sufficiently fulfills the components of subsection (2).  If

22  the state land planning agency determines that the report is

23  insufficient, the governing body shall adopt a revision of the

24  report and submit the revised report for review pursuant to

25  subsection (6).

26         (8)  The state land planning agency may delegate the

27  review of evaluation and appraisal reports, including all

28  state land planning agency duties under subsections (4)-(7),

29  to the appropriate regional planning council.  When the review

30  has been delegated to a regional planning council, any local

31  government in the region may elect to have its report reviewed

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  1  by the regional planning council rather than the state land

  2  planning agency.  The state land planning agency shall by

  3  agreement provide for uniform and adequate review of reports

  4  and shall retain oversight for any delegation of review to a

  5  regional planning council.

  6         (9)  The state land planning agency may establish a

  7  phased schedule for adoption of reports.  The schedule shall

  8  provide each local government at least 7 years from plan

  9  adoption or last established adoption date for a report and

10  shall allot approximately one-seventh of the reports to any 1

11  year.  In order to allow the municipalities to use data and

12  analyses gathered by the counties, the state land planning

13  agency shall schedule municipal report adoption dates between

14  1 year and 18 months later than the report adoption date for

15  the county in which those municipalities are located.  A local

16  government may adopt its report no earlier than 90 days prior

17  to the established adoption date.  Small municipalities which

18  were scheduled by Chapter 9J-33, Florida Administrative Code,

19  to adopt their evaluation and appraisal report after February

20  2, 1999, shall be rescheduled to adopt their report together

21  with the other municipalities in their county as provided in

22  this subsection.

23         (10)  The governing body shall amend its comprehensive

24  plan based on the recommendations in the report and shall

25  update the comprehensive plan based on the components of

26  subsection (2), pursuant to the provisions of ss. 163.3184,

27  163.3187, and 163.3189.  Amendments to update a comprehensive

28  plan based on the evaluation and appraisal report shall be

29  adopted within 18 months after the report is determined to be

30  sufficient by the state land planning agency, except the state

31  land planning agency may grant an extension for adoption of a

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  1  portion of such amendments.  A request for an extension may be

  2  granted if the request will achieve better and more

  3  coordinated planning results as determined by the state land

  4  planning agency, including, but not limited to, coordination

  5  with the metropolitan planning organization planning program,

  6  coordination of the preparation of an emergency management

  7  plan, and other special growth management and planning

  8  studies, and if the local government has submitted a

  9  reasonable schedule for adopting the plan amendments to ensure

10  such planning results.  The comprehensive plan as amended

11  shall be in compliance as defined in s. 163.3184(1)(b).

12         (11)  The Administration Commission may impose the

13  sanctions provided by s. 163.3184(11) against any local

14  government that fails to adopt and submit a report, or that

15  fails to implement its report through timely and sufficient

16  amendments to its local plan, except for reasons of excusable

17  delay or valid planning reasons agreed to by the state land

18  planning agency or found present by the Administration

19  Commission.  Sanctions for untimely or insufficient plan

20  amendments shall be prospective only and shall begin after a

21  final order has been issued by the Administration Commission

22  and a reasonable period of time has been allowed for the local

23  government to comply with an adverse determination by the

24  Administration Commission through adoption of plan amendments

25  that are in compliance.  The state land planning agency may

26  initiate, and an affected person may intervene in, such a

27  proceeding by filing a petition with the Division of

28  Administrative Hearings, which shall appoint an administrative

29  law judge and conduct a hearing pursuant to ss. 120.569 and

30  120.57(1) and shall submit a recommended order to the

31  Administration Commission.  The affected local government

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  1  shall be a party to any such proceeding.  The commission may

  2  implement this subsection by rule.

  3         (12)  The state land planning agency shall not adopt

  4  rules to implement this section, other than procedural rules.

  5         (13)  Within 1 year after the effective date of this

  6  act, the state land planning agency shall prepare and submit a

  7  report to the Governor, the Administration Commission, the

  8  Speaker of the House of Representatives, the President of the

  9  Senate, and the respective community affairs committees of the

10  Senate and the House of Representatives on the coordination

11  efforts of local, regional, and state agencies to improve

12  technical assistance for evaluation and appraisal reports and

13  update plan amendments.  Technical assistance shall include,

14  but not be limited to, distribution of sample evaluation and

15  appraisal report templates, distribution of data in formats

16  usable by local governments, onsite visits with local

17  governments, and participation in and assistance with the

18  voluntary scoping meetings as described in subsection (3).

19         (14)  The state land planning agency shall regularly

20  review the evaluation and appraisal report process and submit

21  a report to the Governor, the Administration Commission, the

22  Speaker of the House of Representatives, the President of the

23  Senate, and the respective community affairs committees of the

24  Senate and the House of Representatives.  The first report

25  shall be submitted by December 31, 2004, and subsequent

26  reports shall be submitted every 5 years thereafter.  At least

27  9 months before the due date of each report, the Secretary of

28  Community Affairs shall appoint a technical committee of at

29  least 15 members to assist in the preparation of the report.

30  The membership of the technical committee shall consist of

31  representatives of local governments, regional planning

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  1  councils, the private sector, and environmental organizations.

  2  The report shall assess the effectiveness of the evaluation

  3  and appraisal report process.

  4         (15)  An evaluation and appraisal report due for

  5  adoption before October 1, 1998, shall be evaluated for

  6  sufficiency pursuant to the provisions of this section.  A

  7  local government which has an established adoption date for

  8  its evaluation and appraisal report after September 30, 1998,

  9  and before February 2, 1999, may choose to have its report

10  evaluated for sufficiency pursuant to the provisions of this

11  section if the choice is made in writing to the state land

12  planning agency on or before the date the report is submitted.

13         Section 8.  Section 163.3245, Florida Statutes, is

14  created to read:

15         163.3245  Optional sector plans.--

16         (1)  In recognition of the benefits of conceptual

17  long-range planning for the buildout of an area, and detailed

18  planning for specific areas, as a demonstration project the

19  requirements of s. 380.06 may be addressed as identified by

20  this section for up to five local governments or combinations

21  of local governments which adopt into the comprehensive plan

22  an optional sector plan in accordance with this section. This

23  section is intended to further the intent of s. 163.3177(11),

24  which supports innovative and flexible planning and

25  development strategies, and the purposes of chapter 163, part

26  II, and chapter 380, part I, and to avoid duplication of

27  effort in terms of the level of data and analysis required for

28  a development of regional impact, while ensuring the adequate

29  mitigation of impacts to applicable regional resources and

30  facilities, including those within the jurisdiction of other

31  local governments, as would otherwise be provided. Optional

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  1  sector plans are intended for substantial geographic areas

  2  including at least 5,000 acres of one or more local

  3  governmental jurisdictions and are to emphasize urban form and

  4  protection of regionally significant resources and facilities.

  5  The state land planning agency may approve optional sector

  6  plans of less than 5,000 acres based on local circumstances if

  7  it is determined that the plan would further the purposes of

  8  chapter 163, part II, and chapter 380, part I. Preparation of

  9  an optional sector plan is authorized by agreement between the

10  state land planning agency and the applicable local

11  governments under s. 163.3171(4). An optional sector plan may

12  be adopted through one or more comprehensive plan amendments

13  under s. 163.3184. However, an optional sector plan may not be

14  authorized in an area of critical state concern.

15         (2)  The state land planning agency may enter into an

16  agreement to authorize preparation of an optional sector plan

17  upon the request of one or more local governments based on

18  consideration of problems and opportunities presented by

19  existing development trends; the effectiveness of current

20  comprehensive plan provisions; the potential to further the

21  state comprehensive plan, applicable strategic regional policy

22  plans, chapter 163, part II, and chapter 380, part I; and

23  those factors identified by s. 163.3177(10)(i). The applicable

24  regional planning council shall conduct a scoping meeting with

25  affected local governments and those agencies identified in s.

26  163.3184(4) before execution of the agreement authorized by

27  this section. The purpose of this meeting is to assist the

28  state land planning agency and the local government in the

29  identification of the relevant planning issues to be addressed

30  and the data and resources available to assist in the

31  preparation of subsequent plan amendments. The regional

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  1  planning council shall make written recommendations to the

  2  state land planning agency and affected local governments,

  3  including whether a sustainable sector plan would be

  4  appropriate. The agreement must define the geographic area to

  5  be subject to the sector plan, the planning issues that will

  6  be emphasized, requirements for intergovernmental coordination

  7  to address extra-jurisdictional impacts, supporting

  8  application materials including data and analysis, and

  9  procedures for public participation. An agreement may address

10  previously adopted sector plans that are consistent with the

11  standards in this section. Before executing an agreement under

12  this subsection, the local government shall hold a duly

13  noticed public workshop to review and explain to the public

14  the optional sector planning process and the terms and

15  conditions of the proposed agreement. The local government

16  shall hold a duly noticed public hearing to execute the

17  agreement. All meetings between the department and the local

18  government must be open to the public.

19         (3)  Optional sector planning encompasses two levels:

20  adoption under s. 163.3184 of a conceptual long-term buildout

21  overlay to the comprehensive plan, having no immediate effect

22  on the issuance of development orders or the applicability of

23  s. 380.06, and, adoption under s. 163.3184 of detailed

24  specific area plans that implement the conceptual long-term

25  buildout overlay and authorize issuance of development orders,

26  and within which s. 380.06 is waived. Until such time as a

27  detailed specific area plan is adopted, the underlying future

28  land use designations apply.

29         (a)  In addition to the other requirements of this

30  chapter, a conceptual long-term buildout overlay must include:

31

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  1         1.  A long-range conceptual framework map that at a

  2  minimum identifies anticipated areas of urban, agricultural,

  3  rural, and conservation land use.

  4         2.  Identification of regionally significant public

  5  facilities consistent with Rule 9J-2, Florida Administrative

  6  Code, irrespective of local governmental jurisdiction

  7  necessary to support buildout of the anticipated future land

  8  uses.

  9         3.  Identification of regionally significant natural

10  resources consistent with Rule 9J-2, Florida Administrative

11  Code.

12         4.  Principles and guidelines that address the urban

13  form and interrelationships of anticipated future land uses

14  and a discussion, at the applicant's option, of the extent, if

15  any, to which the plan will address restoring key ecosystems,

16  achieving a more clean, healthy environment, limiting urban

17  sprawl, protecting wildlife and natural areas, advancing the

18  efficient use of land and other resources, and creating

19  quality communities and jobs.

20         5.  Identification of general procedures to ensure

21  intergovernmental coordination to address extra-jurisdictional

22  impacts from the long-range conceptual framework map.

23         (b)  In addition to the other requirements of this

24  chapter, including those in subsection (a), the detailed

25  specific area plans must include:

26         1.  An area of adequate size to accommodate a level of

27  development which achieves a functional relationship between a

28  full range of land uses within the area and to encompass at

29  least 1,000 acres. The state land planning agency may approve

30  detailed specific area plans of less than 1,000 acres based on

31

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  1  local circumstances if it is determined that the plan furthers

  2  the purposes of chapter 163, part II, and chapter 380, part I.

  3         2.  Detailed identification and analysis of the

  4  distribution, extent, and location of future land uses.

  5         3.  Detailed identification of regionally significant

  6  public facilities, including public facilities outside the

  7  jurisdiction of the host local government, anticipated impacts

  8  of future land uses on those facilities, and required

  9  improvements consistent with Rule 9J-2, Florida Administrative

10  Code.

11         4.  Public facilities necessary for the short term,

12  including developer contributions in a financially feasible

13  5-year capital improvement schedule of the affected local

14  government.

15         5.  Detailed analysis and identification of specific

16  measures to assure the protection of regionally significant

17  natural resources and other important resources both within

18  and outside the host jurisdiction, including those regionally

19  significant resources identified in Rule 9J-2, Florida

20  Administrative Code.

21         6.  Principles and guidelines that address the urban

22  form and interrelationships of anticipated future land uses

23  and a discussion, at the applicant's option, of the extent, if

24  any, to which the plan will address restoring key ecosystems,

25  achieving a more clean, healthy environment, limiting urban

26  sprawl, protecting wildlife and natural areas, advancing the

27  efficient use of land and other resources, and creating

28  quality communities and jobs.

29         7.  Identification of specific procedures to ensure

30  intergovernmental coordination to address extrajurisdictional

31  impacts of the detailed specific area plan.

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  1         (c)  This subsection may not be construed to prevent

  2  preparation and approval of the optional sector plan and

  3  detailed specific area plan concurrently or in the same

  4  submission.

  5         (4)  The host local government shall submit a

  6  monitoring report to the state land planning agency and

  7  applicable regional planning council on an annual basis after

  8  adoption of a detailed specific area plan. The annual

  9  monitoring report must provide summarized information on

10  development orders issued, development that has occurred,

11  public facility improvements made, and public facility

12  improvements anticipated over the upcoming 5 years.

13         (5)  When a plan amendment adopting a detailed specific

14  area plan has become effective under s. 163.3184 and s.

15  163.3189(2), the provisions of s. 380.06 do not apply to

16  development within the geographic area of the detailed

17  specific area plan. However, any

18  development-of-regional-impact development order that is

19  vested from the detailed specific area plan may be enforced

20  under s. 380.11.

21         (a)  The local government adopting the detailed

22  specific area plan is primarily responsible for monitoring and

23  enforcing the detailed specific area plan. Local governments

24  shall not issue any permits or approvals or provide any

25  extensions of services to development that are not consistent

26  with the detailed sector area plan.

27         (b)  If the state land planning agency has reason to

28  believe that a violation of any detailed specific area plan,

29  or of any agreement entered into under this section, has

30  occurred or is about to occur, it may institute an

31  administrative or judicial proceeding to prevent, abate, or

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  1  control the conditions or activity creating the violation,

  2  using the procedures in s. 380.11.

  3         (c)  In instituting an administrative or judicial

  4  proceeding involving an optional sector plan or detailed

  5  specific area plan, including a proceeding pursuant to s.

  6  163.3245(5)(b), the complaining party shall comply with the

  7  requirements of subsections (4), (5), (6), and (7) of s.

  8  163.3215.

  9         (6)  Beginning December 1, 1999, and each year

10  thereafter, the department shall provide a status report to

11  the Legislative Committee on Intergovernmental Relations

12  regarding each optional sector plan authorized under this

13  section.

14         (7)  This section may not be construed to abrogate the

15  rights of any person under this chapter.

16         Section 9.  Subsection (6) is added to section 171.044,

17  Florida Statutes, to read:

18         171.044  Voluntary annexation.--

19         (6)  Upon publishing or posting the ordinance notice

20  required under subsection (2), the governing body of the

21  municipality must provide a copy of the notice, via certified

22  mail, to the board of the county commissioners of the county

23  wherein the municipality is located. This subsection does not

24  affect the standing of any party to an annexation challenge.

25         Section 10.  Section 186.003, Florida Statutes, is

26  amended to read:

27         186.003  Definitions.--As used in ss. 186.001-186.031

28  and 186.801-186.911, the term:

29         (1)  "Executive Office of the Governor" means the

30  Office of Planning and Budgeting of the Executive Office of

31  the Governor.

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  1         (2)  "Goal" means the long-term end toward which

  2  programs and activities are ultimately directed.

  3         (3)  "Objective" means a specific, measurable,

  4  intermediate end that is achievable and marks progress toward

  5  a goal.

  6         (4)  "Policy" means the way in which programs and

  7  activities are conducted to achieve an identified goal.

  8         (5)  "Regional planning agency" means the regional

  9  planning council created pursuant to ss. 186.501-186.515 to

10  exercise responsibilities under ss. 186.001-186.031 and

11  186.801-186.911 in a particular region of the state.

12         (6)  "State agency" means each executive department,

13  the Game and Fresh Water Fish Commission, the Parole

14  Commission, and the Department of Military Affairs.

15         (7)  "State agency strategic plan" means the statement

16  of priority directions that an agency will take to carry out

17  its mission within the context of the state comprehensive plan

18  and within the context of any other statutory mandates and

19  authorizations given to the agency, pursuant to ss.

20  186.021-186.022.

21         (8)  "State comprehensive plan" means the state

22  planning document required in Article III, s. 19 of the State

23  Constitution and published as ss. 187.101 and 187.201. goals

24  and policies contained within the state comprehensive plan

25  initially prepared by the Executive Office of the Governor and

26  adopted pursuant to s. 186.008.

27         Section 11.  Subsections (4) and (8) of section

28  186.007, Florida Statutes, are amended and subsection (9) is

29  added to that section to read:

30         186.007  State comprehensive plan; preparation;

31  revision.--

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  1         (4)(a)  The Executive Office of the Governor shall

  2  prepare statewide goals, objectives, and policies related to

  3  the opportunities, problems, and needs associated with growth

  4  and development in this state, which goals, objectives, and

  5  policies shall constitute the growth management portion of the

  6  state comprehensive plan.  In preparing the growth management

  7  goals, objectives, and policies, the Executive Office of the

  8  Governor initially shall emphasize the management of land use,

  9  water resources, and transportation system development.

10         (b)  The purpose of the growth management portion of

11  the state comprehensive plan is to establish clear, concise,

12  and direct goals, objectives, and policies related to land

13  development, water resources, transportation, and related

14  topics.  In doing so, the plan should, where possible, draw

15  upon the work that agencies have invested in the state land

16  development plan, the Florida Transportation Plan, the Florida

17  water plan, and similar planning documents.

18         (8)  The revision of the state comprehensive plan is a

19  continuing process.  Each section of the plan shall be

20  reviewed and analyzed biennially by the Executive Office of

21  the Governor in conjunction with the planning officers of

22  other state agencies significantly affected by the provisions

23  of the particular section under review.  In conducting this

24  review and analysis, the Executive Office of the Governor

25  shall review and consider, with the assistance of the state

26  land planning agency and regional planning councils, the

27  evaluation and appraisal reports submitted pursuant to s.

28  163.3191 and the evaluation and appraisal reports prepared

29  pursuant to s. 186.511.  Any necessary revisions of the state

30  comprehensive plan shall be proposed by the Governor in a

31  written report and be accompanied by an explanation of the

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  1  need for such changes.  If the Governor determines that

  2  changes are unnecessary, the written report must explain why

  3  changes are unnecessary.  The proposed revisions and

  4  accompanying explanations may be submitted in the report

  5  required by s. 186.031.  Any proposed revisions to the plan

  6  shall be submitted to the Legislature as provided in s.

  7  186.008(2) at least 30 days prior to the regular legislative

  8  session occurring in each even-numbered year.

  9         (9)  The Governor shall appoint a committee to review

10  and make recommendations as to the state comprehensive plan

11  that should be considered for the Governor's recommendations

12  to the Administration Commission for October 1, 1999, pursuant

13  to s. 186.008(1). The committee must consist of persons from

14  the public and private sectors representing the broad range of

15  interests covered by the state comprehensive plan, including

16  state, regional, and local government representatives. In

17  reviewing the goals and policies contained in chapter 187, the

18  committee must identify portions that have become outdated or

19  have not been implemented, and, based upon best available

20  data, the state's progress toward achieving the goals and

21  policies. The committee may also make recommendations as to

22  data and information needed in the continuing process to

23  evaluate and update the state comprehensive plan. All meetings

24  of the committee must be open to the public for input on the

25  state comprehensive plan. The Executive Office of the governor

26  is hereby appropriated $50,000 in nonrecurring general revenue

27  for costs associated with the committee, including travel and

28  per diem reimbursement for the committee members.

29         Section 12.  Section 186.008, Florida Statutes, is

30  amended to read:

31

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  1         186.008  State comprehensive plan; revision;

  2  implementation.--

  3         (1)  On or before October 1 of every odd-numbered year

  4  beginning in 1995, the Executive Office of the Governor shall

  5  prepare, and the Governor shall recommend to the

  6  Administration Commission, any proposed revisions to the state

  7  comprehensive plan deemed necessary.  The Governor shall

  8  transmit his or her recommendations and explanation as

  9  required by s. 186.007(8). Copies shall also be provided to

10  each state agency, to each regional planning agency, to any

11  other unit of government that requests a copy, and to any

12  member of the public who requests a copy.

13         (2)  On or before December 15 of every odd-numbered

14  year beginning in 1995, the Administration Commission shall

15  review the proposed revisions to the state comprehensive plan

16  prepared by the Governor.  The commission shall adopt a

17  resolution, after public notice and a reasonable opportunity

18  for public comment, and transmit the proposed revisions to the

19  state comprehensive plan to the Legislature, together with any

20  amendments approved by the commission and any dissenting

21  reports. The commission shall identify those portions of the

22  plan that are not based on existing law.

23         (3)  All amendments, revisions, or updates to the plan

24  shall be adopted by the Legislature as a general law.

25         (4)  The state comprehensive plan shall be implemented

26  and enforced by all state agencies consistent with their

27  lawful responsibilities whether it is put in force by law or

28  by administrative rule.  The Governor, as chief planning

29  officer of the state, shall oversee the implementation

30  process.

31

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  1         (5)  All state agency budgets and programs shall be

  2  consistent with the adopted state comprehensive plan and shall

  3  support and further its goals and policies.

  4         (6)  The Florida Public Service Commission, in

  5  approving the plans of utilities subject to its regulation,

  6  shall take into consideration the compatibility of the plan of

  7  each utility and all related utility plans taken together with

  8  the adopted state comprehensive plan.

  9         Section 13.  Subsection (2) of section 186.009, Florida

10  Statutes, is amended to read:

11         186.009  Growth management portion of the state

12  comprehensive plan.--

13         (2)  The growth management portion of the state

14  comprehensive plan shall:

15         (a)  Provide strategic guidance for state, regional,

16  and local actions necessary to implement the state

17  comprehensive plan with regard to the physical growth and

18  development of the state.

19         (b)  Identify metropolitan and urban growth centers.

20         (c)  Identify areas of state and regional environmental

21  significance and establish strategies to protect them.

22         (d)  Set forth and integrate state policy for Florida's

23  future growth as it relates to land development, air quality,

24  transportation, and water resources.

25         (e)  Provide guidelines for determining where urban

26  growth is appropriate and should be encouraged.

27         (f)  Provide guidelines for state transportation

28  corridors, public transportation corridors, new interchanges

29  on limited access facilities, and new airports of regional or

30  state significance.

31

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  1         (g)  Promote land acquisition programs to provide for

  2  natural resource protection, open space needs, urban

  3  recreational opportunities, and water access.

  4         (h)  Set forth policies to establish state and regional

  5  solutions to the need for affordable housing.

  6         (i)  Provide coordinated state planning of road, rail,

  7  and waterborne transportation facilities designed to take the

  8  needs of agriculture into consideration and to provide for the

  9  transportation of agricultural products and supplies.

10         (j)  Establish priorities regarding coastal planning

11  and resource management.

12         (k)  Provide a statewide policy to enhance the multiuse

13  waterfront development of existing deepwater ports, ensuring

14  that priority is given to water-dependent land uses.

15         (l)  Set forth other goals, objectives, and policies

16  related to the state's natural and built environment that are

17  necessary to effectuate those portions of the state

18  comprehensive plan which are related to physical growth and

19  development.

20         (m)  Set forth recommendations on when and to what

21  degree local government comprehensive plans must be consistent

22  with the proposed growth management portion of the state

23  comprehensive plan.

24         (n)  Set forth recommendations on how to integrate the

25  Florida water plan required by s. 373.036, the state land

26  development plan required by s. 380.031(17), and

27  transportation plans required by chapter 339.

28         (o)  Set forth recommendations concerning what degree

29  of consistency is appropriate for the strategic regional

30  policy plans.

31

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  1  The growth management portion of the state comprehensive plan

  2  shall not include a land use map.

  3         Section 14.  Subsection (2) of section 186.507, Florida

  4  Statutes, is amended to read:

  5         186.507  Strategic regional policy plans.--

  6         (2)  The Executive Office of the Governor may shall

  7  adopt by rule minimum criteria to be addressed in each

  8  strategic regional policy plan and a uniform format for each

  9  plan.  Such criteria must emphasize the requirement that each

10  regional planning council, when preparing and adopting a

11  strategic regional policy plan, must focus on regional rather

12  than local resources and facilities.

13         Section 15.  Section 186.508, Florida Statutes, is

14  amended to read:

15         186.508  Strategic regional policy plan adoption;

16  consistency with state comprehensive plan.--

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

18  Executive Office of the Governor its proposed strategic

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

20  Executive Office of the Governor to coordinate implementation

21  of the strategic regional policy plans with the evaluation and

22  appraisal reports required by s. 163.3191.  The Executive

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

24  proposed strategic regional policy plan for consistency with

25  the adopted state comprehensive plan and shall, within 60

26  days, return the proposed strategic regional policy plan to

27  the council, together with any revisions recommended by the

28  Governor. The Governor's recommended revisions shall be

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

30  herein shall preclude a regional planning council from

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

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

  2  adopting the strategic regional policy plan shall not be

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

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

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

  6  substantially affected persons, including the Executive Office

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

  8  planning councils within 90 days after receipt of the

  9  revisions recommended by the Executive Office of the Governor,

10  and shall become effective upon filing with the Department of

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

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

13  regional planning council challenges a portion of the

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

15  applicable portion of that local government's comprehensive

16  plan shall not be required to be consistent with the

17  challenged portion of the regional policy plan until 12 months

18  after the challenge has been resolved by an administrative law

19  judge.

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

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

22         Section 16.  Section 186.511, Florida Statutes, is

23  amended to read:

24         186.511  Evaluation of strategic regional policy plan;

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

26  continuous and ongoing process.  Each regional planning

27  council shall prepare an evaluation and appraisal report on

28  its strategic regional policy plan at least once every 5

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

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

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

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  1  needed.  Each regional planning council shall involve the

  2  appropriate local health councils in its region if the

  3  regional planning council elects to address regional health

  4  issues.  The evaluation and appraisal report shall be prepared

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

  6  the Executive Office of the Governor. The strategic regional

  7  policy plan evaluation and review schedule shall facilitate

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

  9  evaluation and revision of local comprehensive plans pursuant

10  to s. 163.3191 for the local governments within each

11  comprehensive planning district.

12         Section 17.  Paragraph (f) of subsection (2) and

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

14  Florida Statutes, are amended to read:

15         288.975  Military base reuse plans.--

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

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

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

19  regional planning council until the council's rule adopting

20  its strategic regional policy plan in accordance with the

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

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

23  strategic regional policy plan that has been adopted by rule

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

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

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

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

28  government shall notify the secretary of the Department of

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

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

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

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

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

  3  land use planning and regulation pertaining to base reuse

  4  activities within those host local governments shall be

  5  subject to all applicable statutory requirements, including

  6  those contained within chapters 163 and 380.

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

  8  Office of Tourism, Trade, and Economic Development shall

  9  coordinate a presubmission workshop concerning a military base

10  reuse plan within the boundaries of the host jurisdiction.

11  Agencies that shall participate in the workshop shall include

12  any affected local governments; the Department of

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

14  Economic Development; the Department of Community Affairs; the

15  Department of Transportation; the Department of Health and

16  Rehabilitative Services; the Department of Children and Family

17  Services; the Department of Agriculture and Consumer Services;

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

19  Commission; and any applicable water management districts and

20  regional planning councils. The purposes of the workshop shall

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

22  concern to the above listed entities pertaining to the

23  military base site and to identify opportunities for better

24  coordination of planning and review efforts with the

25  information and analyses generated by the federal

26  environmental impact statement process and the federal

27  community base reuse planning process.

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

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

30  months after notifying the agencies of its intent pursuant to

31  subsection (3) either:

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

  2  plan for review to any affected local governments; the

  3  Department of Environmental Protection; the Office of Tourism,

  4  Trade, and Economic Development; the Department of Community

  5  Affairs; the Department of Transportation; the Department of

  6  Health and Rehabilitative Services; the Department of Children

  7  and Family Services; the Department of Agriculture and

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

  9  and Fresh Water Fish Commission; and any applicable water

10  management districts and regional planning councils, or

11         (b)  Petition the secretary of the Department of

12  Community Affairs for an extension of the deadline for

13  submitting a proposed reuse plan. Such an extension request

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

15  by the federal Department of Defense or for reasons otherwise

16  deemed to promote the orderly and beneficial planning of the

17  subject military base reuse. The secretary of the Department

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

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

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

21  military base reuse plan, these entities shall review and

22  provide comments to the host local government. The

23  commencement of this review period shall be advertised in

24  newspapers of general circulation within the host local

25  government and any affected local government to allow for

26  public comment. No later than 180 60 days after receipt and

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

28  public hearings, the host local government shall adopt the

29  military base reuse plan. The host local government shall

30  comply with the notice requirements set forth in s.

31

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  1  163.3184(15) to ensure full public participation in this

  2  planning process.

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

  4  government may waive the requirement that the military base

  5  reuse plan be adopted within 60 days after receipt and

  6  consideration of all comments and the second public hearing.

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

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

  9  the receipt and consideration of all comments and the second

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

11  whichever is later.

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

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

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

15  local government must exercise this waiver no later than 180

16  days after the 60th day following the receipt and

17  consideration of all comments and the second public hearing,

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

19  later.

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

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

22  period is deemed an exercise of the waiver pursuant to

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

24  government.

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

26  party or parties and the host local government shall seek

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

28  shall be resolved as follows:

29         (a)  The petitioning parties and host local government

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

31  affected parties that submitted comments on the proposed

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  1  military base reuse plan may be given the opportunity to

  2  formally participate in decisions and agreements made in these

  3  and subsequent proceedings by mutual consent of the

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

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

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

  7  within 45 days, the petitioning parties and host local

  8  government may extend such dispute resolution for up to 45

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

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

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

12  multiple petitions, the mediation shall be consolidated into a

13  single proceeding. The state land planning agency shall have

14  45 days to hold informal hearings, if necessary, identify the

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

16  provide recommended solutions to the parties. If the parties

17  fail to implement the recommended solutions within 45 days,

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

19  Administration Commission for final action. The report to the

20  Administration Commission shall list each issue in dispute,

21  describe the nature and basis for each dispute, identify the

22  recommended solutions provided to the parties, and make

23  recommendations for actions the Administration Commission

24  should take to resolve the disputed issues.

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

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

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

28  land planning agency and the host local government. The

29  selected party shall comply with the responsibilities placed

30  upon the state land planning agency in this section.

31

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  1         (d)  Within 45 days after receiving the report from the

  2  state land planning agency, the Administration Commission

  3  shall take action to resolve the issues in dispute. In

  4  deciding upon a proper resolution, the Administration

  5  Commission shall consider the nature of the issues in dispute,

  6  any requests for a formal administrative hearing pursuant to

  7  ch. 120, F.S., the compliance of the parties with this

  8  section, the extent of the conflict between the parties, the

  9  comparative hardships and the public interest involved. If the

10  Administration Commission incorporates in its final order a

11  term or condition that requires any local government to amend

12  its local government comprehensive plan, the local government

13  shall amend its plan within 60 days after the issuance of the

14  order. Such amendment or amendments shall be exempt from the

15  limitation of the frequency of plan amendments contained in s.

16  163.3187(2), and a public hearing on such amendment or

17  amendments pursuant to s. 163.3184(15)(b)1. shall not be

18  required. The final order of the Administration Commission is

19  subject to appeal pursuant to s. 120.68. If the order of the

20  Administration Commission is appealed, the time for the local

21  government to amend its plan shall be tolled during the

22  pendency of any local, state, or federal administrative or

23  judicial proceeding relating to the military base reuse plan.

24         Section 18.  Section 288.980, Florida Statutes, is

25  amended to read:

26         288.980  Military base closure, retention, realignment,

27  or defense-related readjustment and diversification;

28  legislative intent; grants program.--

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

30  necessary means to assist communities with military

31  installations that would be adversely affected by federal base

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

  2  encourage communities to establish local or regional community

  3  base realignment or closure commissions to initiate a

  4  coordinated program of response and plan of action in advance

  5  of future actions of the federal Base Realignment and Closure

  6  Commission. It is critical that closure-vulnerable communities

  7  develop such a program to preserve affected military

  8  installations. The Legislature, therefore, declares that

  9  providing such assistance to support the defense-related

10  initiatives within this section is a public purpose for which

11  public money may be used.

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

13  Development is authorized to award grants from any funds

14  available to it to support activities specifically

15  appropriated for this purpose to applicants' eligible

16  projects. Eligible projects shall be limited to:

17         1.  Activities related to the retention of military

18  installations potentially affected by federal base closure or

19  realignment.

20         2.  Activities related to preventing the potential

21  realignment or closure of a military installation officially

22  identified by the Federal Government for potential realignment

23  or closure.

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

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

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

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

28  awarded.

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

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

31

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

  2  applicant:

  3         1.  Represent a local government community with a

  4  military installation or military installations that could be

  5  adversely affected by federal base realignment or closure.

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

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

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

  9  grant is being sought.

10         3.  Prepare a coordinated program or plan of action

11  delineating how the eligible project will be administered and

12  accomplished.

13         4.  Provide documentation describing the potential for

14  realignment or closure of a military installation located in

15  the applicant's community and the adverse impacts such

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

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

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

19         1.  The relative value of the particular military

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

21  economy relative to other military installations vulnerable to

22  closure.

23         2.  The potential job displacement within the local

24  community should the military installation be closed.

25         3.  The potential adverse impact on industries and

26  technologies which service the military installation.

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

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

29  realignment commission created by one or more counties, to

30  oversee the potential or actual realignment or closure of a

31

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  1  military installation within the jurisdiction of such local

  2  government.

  3         (3)  The Florida Economic Reinvestment Initiative is

  4  established to respond to the need for this state and

  5  defense-dependent communities in this state to develop

  6  alternative economic diversification strategies to lessen

  7  reliance on national defense dollars in the wake of base

  8  closures and reduced federal defense expenditures and the need

  9  to formulate specific base reuse plans and identify any

10  specific infrastructure needed to facilitate reuse. The

11  initiative shall consist of the following three distinct grant

12  programs to be administered by the Office of Tourism, Trade,

13  and Economic Development Department of Commerce:

14         (a)  The Florida Defense Planning Grant Program,

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

16  which the state is dependent on defense dollars and defense

17  infrastructure and prepare alternative economic development

18  strategies.  The state shall work in conjunction with

19  defense-dependent communities in developing strategies and

20  approaches that will help communities make the transition from

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

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

23  competitive basis.

24         (b)  The Florida Defense Implementation Grant Program,

25  through which funds shall be made available to

26  defense-dependent communities to implement the diversification

27  strategies developed pursuant to paragraph (a). Eligible

28  applicants include defense-dependent counties and cities, and

29  local economic development councils located within such

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

31

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  1  applicant and shall be available on a competitive basis.

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

  3         (c)  The Florida Military Installation Reuse Planning

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

  5  to help counties, cities, and local economic development

  6  councils develop and implement plans for the reuse of closed

  7  or realigned military installations, including any necessary

  8  infrastructure improvements needed to facilitate reuse and

  9  related marketing activities.  Grant awards are limited to not

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

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

12  one-to-one basis.

13

14  Applications for grants under this subsection must include a

15  coordinated program of work or plan of action delineating how

16  the eligible project will be administered and accomplished,

17  which must include a plan for ensuring close cooperation

18  between civilian and military authorities in the conduct of

19  the funded activities and a plan for public involvement.

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

21  is hereby created.  The Director of the Office of Tourism,

22  Trade, and Economic Development  Secretary of Commerce shall

23  coordinate the development of the Defense-Related Business

24  Adjustment Program.  Funds shall be available to assist

25  defense-related companies in the creation of increased

26  commercial technology development through investments in

27  technology.  Such technology must have a direct impact on

28  critical state needs for the purpose of generating

29  investment-grade technologies and encouraging the partnership

30  of the private sector and government defense-related business

31  adjustment.  The following areas shall receive precedence in

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  1  consideration for funding commercial technology development:

  2  law enforcement or corrections, environmental protection,

  3  transportation, education, and health care.  Travel and costs

  4  incidental thereto, and staff salaries, are not considered an

  5  "activity" for which grant funds may be awarded.

  6         (b)  The office department shall require that an

  7  applicant:

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

  9  adversely affected by federal base realignment or closure or

10  reduced defense expenditures.

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

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

13  match shall be directly related to activities for which the

14  funds are being sought.

15         3.  Prepare a coordinated program or plan delineating

16  how the funds will be administered.

17         4.  Provide documentation describing how

18  defense-related realignment or closure will adversely impact

19  defense-related companies.

20         (5)  The director Secretary of Commerce may award

21  nonfederal matching funds specifically appropriated for

22  construction, maintenance, and analysis of a Florida defense

23  workforce database. Such funds will be used to create a

24  registry of worker skills that can be used to match the worker

25  needs of companies that are relocating to this state or to

26  assist workers in relocating to other areas within this state

27  where similar or related employment is available.

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

29  Development shall establish guidelines to implement and carry

30  out the purpose and intent of this section.

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  1         Section 19.  Paragraph (d) is added to subsection (5)

  2  of section 380.06, Florida Statutes, and subsections (12) and

  3  (14) of that section are amended to read:

  4         380.06  Developments of regional impact.--

  5         (5)  AUTHORIZATION TO DEVELOP.--

  6         (a)1.  A developer who is required to undergo

  7  development-of-regional-impact review may undertake a

  8  development of regional impact if the development has been

  9  approved under the requirements of this section.

10         2.  If the land on which the development is proposed is

11  within an area of critical state concern, the development must

12  also be approved under the requirements of s. 380.05.

13         (b)  State or regional agencies may inquire whether a

14  proposed project is undergoing or will be required to undergo

15  development-of-regional-impact review.  If a project is

16  undergoing or will be required to undergo

17  development-of-regional-impact review, any state or regional

18  permit necessary for the construction or operation of the

19  project that is valid for 5 years or less shall take effect,

20  and the period of time for which the permit is valid shall

21  begin to run, upon expiration of the time allowed for an

22  administrative appeal of the development or upon final action

23  following an administrative appeal or judicial review,

24  whichever is later. However, if the application for

25  development approval is not filed within 18 months after the

26  issuance of the permit, the time of validity of the permit

27  shall be considered to be from the date of issuance of the

28  permit.  If a project is required to obtain a binding letter

29  under subsection (4), any state or regional agency permit

30  necessary for the construction or operation of the project

31  that is valid for 5 years or less shall take effect, and the

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  1  period of time for which the permit is valid shall begin to

  2  run, only after the developer obtains a binding letter stating

  3  that the project is not required to undergo

  4  development-of-regional-impact review or after the developer

  5  obtains a development order pursuant to this section.

  6         (c)  Prior to the issuance of a final development

  7  order, the developer may elect to be bound by the rules

  8  adopted pursuant to chapters 373 and 403 in effect when such

  9  development order is issued.  The rules adopted pursuant to

10  chapters 373 and 403 in effect at the time such development

11  order is issued shall be applicable to all applications for

12  permits pursuant to those chapters and which are necessary for

13  and consistent with the development authorized in such

14  development order, except that a later adopted rule shall be

15  applicable to an application if:

16         1.  The later adopted rule is determined by the

17  rule-adopting agency to be essential to the public health,

18  safety, or welfare;

19         2.  The later adopted rule is adopted pursuant to s.

20  403.061(27);

21         3.  The later adopted rule is being adopted pursuant to

22  a subsequently enacted statutorily mandated program;

23         4.  The later adopted rule is mandated in order for the

24  state to maintain delegation of a federal program; or

25         5.  The later adopted rule is required by state or

26  federal law.

27         (d)  The provision of day care service facilities in

28  developments approved pursuant to this section is permissible

29  but is not required.

30

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  1  Further, in order for any developer to apply for permits

  2  pursuant to this provision, the application must be filed

  3  within 5 years from the issuance of the final development

  4  order and the permit shall not be effective for more than 8

  5  years from the issuance of the final development order.

  6  Nothing in this paragraph shall be construed to alter or

  7  change any permitting agency's authority to approve permits or

  8  to determine applicable criteria for longer periods of time.

  9         (12)  REGIONAL REPORTS.--

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

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

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

13  including the local government, shall prepare and submit to

14  the local government a report and recommendations on the

15  regional impact of the proposed development.  In preparing its

16  report and recommendations, the regional planning agency shall

17  identify regional issues based upon the following review

18  criteria and make recommendations to the local government on

19  these regional issues, specifically considering whether, and

20  the extent to which:

21         1.  The development will have a favorable or

22  unfavorable impact on state or regional resources or

23  facilities identified in the applicable state or regional

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

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

26  development plan. For the purposes of this subsection,

27  "applicable regional plan" means an adopted comprehensive

28  regional policy plan until the adoption of a strategic

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

30  means an adopted strategic regional policy plan.

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  1         2.  The development will significantly impact adjacent

  2  jurisdictions. At the request of the appropriate local

  3  government, regional planning agencies may also review and

  4  comment upon issues that affect only the requesting local

  5  government.

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

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

  8  adversely affect the ability of people to find adequate

  9  housing reasonably accessible to their places of employment.

10  The determination should take into account information on

11  factors that are relevant to the availability of reasonably

12  accessible adequate housing.  Adequate housing means housing

13  that is available for occupancy and that is not substandard.

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

15  other appropriate agencies shall review the proposed

16  development and shall prepare reports and recommendations on

17  issues that are clearly within the jurisdiction of those

18  agencies. Such agency reports shall become part of the

19  regional planning agency report; however, the regional

20  planning agency may attach dissenting views. When water

21  management district and Department of Environmental Protection

22  permits have been issued pursuant to chapter 373 or chapter

23  403, the regional planning council may comment on the regional

24  implications of the permits but may not offer conflicting

25  recommendations.

26         (c)  The regional planning agency shall afford the

27  developer or any substantially affected party reasonable

28  opportunity to present evidence to the regional planning

29  agency head relating to the proposed regional agency report

30  and recommendations.

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  1         (14)  CRITERIA OUTSIDE AREAS OF CRITICAL STATE

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

  3  critical state concern, in considering whether the development

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

  5  restrictions, or limitations, the local government shall

  6  consider whether, and the extent to which:

  7         (a)  The development unreasonably interferes with the

  8  achievement of the objectives of an adopted state land

  9  development plan applicable to the area;

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

11  comprehensive plan and local land development regulations;

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

13  and recommendations of the regional planning agency submitted

14  pursuant to subsection (12); and

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

16  Comprehensive Plan. In consistency determinations the plan

17  shall be construed and applied in accordance with s.

18  187.101(3).

19         Section 20.  Paragraph (a) of subsection (3) of section

20  380.061, Florida Statutes, is amended to read:

21         380.061  The Florida Quality Developments program.--

22         (3)(a)  To be eligible for designation under this

23  program, the developer shall comply with each of the following

24  requirements which is applicable to the site of a qualified

25  development:

26         1.  Have donated or entered into a binding commitment

27  to donate the fee or a lesser interest sufficient to protect,

28  in perpetuity, the natural attributes of the types of land

29  listed below. In lieu of the above requirement, the developer

30  may enter into a binding commitment which runs with the land

31  to set aside such areas on the property, in perpetuity, as

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  1  open space to be retained in a natural condition or as

  2  otherwise permitted under this subparagraph. Under the

  3  requirements of this subparagraph, the developer may reserve

  4  the right to use such areas for the purpose of passive

  5  recreation that is consistent with the purposes for which the

  6  land was preserved.

  7         a.  Those wetlands and water bodies throughout the

  8  state as would be delineated if the provisions of s.

  9  373.4145(1)(b) were applied. The developer may use such areas

10  for the purpose of site access, provided other routes of

11  access are unavailable or impracticable; may use such areas

12  for the purpose of stormwater or domestic sewage management

13  and other necessary utilities to the extent that such uses are

14  permitted pursuant to chapter 403; or may redesign or alter

15  wetlands and water bodies within the jurisdiction of the

16  Department of Environmental Protection which have been

17  artificially created, if the redesign or alteration is done so

18  as to produce a more naturally functioning system.

19         b.  Active beach or primary and, where appropriate,

20  secondary dunes, to maintain the integrity of the dune system

21  and adequate public accessways to the beach. However, the

22  developer may retain the right to construct and maintain

23  elevated walkways over the dunes to provide access to the

24  beach.

25         c.  Known archaeological sites determined to be of

26  significance by the Division of Historical Resources of the

27  Department of State.

28         d.  Areas known to be important to animal species

29  designated as endangered or threatened animal species by the

30  United States Fish and Wildlife Service or by the Florida Game

31  and Fresh Water Fish Commission, for reproduction, feeding, or

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  1  nesting; for traveling between such areas used for

  2  reproduction, feeding, or nesting; or for escape from

  3  predation.

  4         e.  Areas known to contain plant species designated as

  5  endangered plant species by the Department of Agriculture and

  6  Consumer Services.

  7         2.  Produce, or dispose of, no substances designated as

  8  hazardous or toxic substances by the United States

  9  Environmental Protection Agency or by the Department of

10  Environmental Protection or the Department of Agriculture and

11  Consumer Services. This subparagraph is not intended to apply

12  to the production of these substances in nonsignificant

13  amounts as would occur through household use or incidental use

14  by businesses.

15         3.  Participate in a downtown reuse or redevelopment

16  program to improve and rehabilitate a declining downtown area.

17         4.  Incorporate no dredge and fill activities in, and

18  no stormwater discharge into, waters designated as Class II,

19  aquatic preserves, or Outstanding Florida Waters, except as

20  activities in those waters are permitted pursuant to s.

21  403.813(2) and the developer demonstrates that those

22  activities meet the standards under Class II waters,

23  Outstanding Florida Waters, or aquatic preserves, as

24  applicable.

25         5.  Include open space, recreation areas, Xeriscape as

26  defined in s. 373.185, and energy conservation and minimize

27  impermeable surfaces as appropriate to the location and type

28  of project.

29         6.  Provide for construction and maintenance of all

30  onsite infrastructure necessary to support the project and

31  enter into a binding commitment with local government to

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  1  provide an appropriate fair-share contribution toward the

  2  offsite impacts which the development will impose on publicly

  3  funded facilities and services, except offsite transportation,

  4  and condition or phase the commencement of development to

  5  ensure that public facilities and services, except offsite

  6  transportation, will be available concurrent with the impacts

  7  of the development. For the purposes of offsite transportation

  8  impacts, the developer shall comply, at a minimum, with the

  9  standards of the state land planning agency's

10  development-of-regional-impact transportation rule, the

11  approved strategic regional policy plan, any applicable

12  regional planning council transportation rule, and the

13  approved local government comprehensive plan and land

14  development regulations adopted pursuant to part II of chapter

15  163.

16         7.  Design and construct the development in a manner

17  that is consistent with the adopted state plan, the state land

18  development plan, the applicable strategic regional policy

19  plan, and the applicable adopted local government

20  comprehensive plan.

21         Section 21.  Subsection (3) of section 380.065, Florida

22  Statutes, is amended to read:

23         380.065  Certification of local government review of

24  development.--

25         (3)  Development orders issued pursuant to this section

26  are subject to the provisions of s. 380.07; however, a

27  certified local government's findings of fact and conclusions

28  of law are presumed to be correct on appeal.  The grounds for

29  appeal of a development order issued by a certified local

30  government under this section shall be limited to:

31

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  1         (a)  Inconsistency with the local government's

  2  comprehensive plan or land use regulations.

  3         (b)  Inconsistency with the state land development plan

  4  and the state comprehensive plan.

  5         (c)  Inconsistency with any regional standard or policy

  6  identified in an adopted strategic regional policy plan for

  7  use in reviewing a development of regional impact.

  8         (d)  Whether the public facilities meet or exceed the

  9  standards established in the capital improvements plan

10  required by s. 163.3177 and will be available when needed for

11  the proposed development, or that development orders and

12  permits are conditioned on the availability of the public

13  facilities necessary to serve the proposed development.  Such

14  development orders and permit conditions shall not allow a

15  reduction in the level of service for affected regional public

16  facilities below the level of services provided in the adopted

17  strategic regional policy plan.

18         Section 22.  Paragraph (d) is added to subsection (3)

19  of section 380.23, Florida Statutes, to read:

20         380.23  Federal consistency.--

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

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

23  such activities and uses are conducted in accordance with the

24  state's coastal management program:

25         (d)  Federal activities within the territorial limits

26  of neighboring states when the governor and the department

27  determine that significant individual or cumulative impact to

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

29  activities.

30         Section 23.  Transportation and Land Use Study

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

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  1  of Transportation shall evaluate the statutory provisions

  2  relating to land use and transportation coordination and

  3  planning issues, including community design, required in part

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

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

  6  associated with the statutes. The evaluation must include an

  7  evaluation of the roles of local government, regional planning

  8  councils, state agencies, and metropolitan planning

  9  organizations in addressing these subject areas. Special

10  emphasis must be given in this evaluation to concurrency on

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

12  use impact assessments used to project transportation needs.

13  The evaluation must be conducted in consultation with a

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

15  Transportation and Land Use Study Committee, appointed by the

16  secretary of the state land planning agency and the Secretary

17  of Transportation. The membership must be representative of

18  local governments, regional planning councils, the private

19  sector, metropolitan planning organizations, and citizen and

20  environmental organizations. By January 15, 1999, the

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

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

23  Representatives to provide recommendations for appropriate

24  changes to the transportation planning requirements in chapter

25  163, Florida Statutes, and other statutes, as appropriate.

26         Section 24.  Subsection (17) of section 380.031,

27  subsection (7) of section 380.0555, and paragraph (a) of

28  subsection (14) of section 380.06, Florida Statutes, are

29  repealed.

30         Section 25.  Severability.--If any provision of this

31  act or the application thereof to any person, government

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  1  entity, or circumstance is held invalid, it is the legislative

  2  intent that the invalidity shall not affect other provisions

  3  or applications of the act which can be given effect without

  4  the invalid provision or application, and to this end the

  5  provisions of this act are severable.

  6         Section 26.  Except as otherwise provided in this act,

  7  this act shall take effect upon becoming a law.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1726

11

12  Deletes language which would expand the Sustainable
    Communities Demonstration Program.
13
    Implements the recommendations of the Evaluation and Appraisal
14  Report (EARs) Technical Committee.

15  Clarifies the role of the Governor's Office in reviewing and
    approving Strategic Regional Policy Plans as permissive,
16  rather than eliminating that role altogether.

17  Revises procedures relating to review of and resolution of
    disputes regarding proposed military base reuse plans.
18
    Reestablishes grant programs administered by OTTED for
19  military base retention activities.

20  Authorizes the department to enter into agreements with local
    governments to designate areas appropriate for optional sector
21  plans and requires that sector plans be adopted as plan
    amendments to the local government comprehensive plan.
22
    Redefines the State Comprehensive Plan, and authorizes the
23  Governor to appoint a study commission for review of the State
    Comprehensive Plan.
24
    Authorizes the Miami Seaquarium to expand without regard to
25  requirements of the local government comprehensive plan.

26  Requires a municipality which adopts an ordinance for
    voluntary annexation of property to provide written notice,
27  via certified mail, to the county in which the property is
    located.
28
    Provides for severability of the various sections of the bill.
29

30

31

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