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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senators Lee and Dyer moved the following amendment (to House

12  Amendment 1):

13

14         Senate Amendment (with title amendment) 

15         On page 1, line 18, through page 21, line 28, delete

16  those lines

17

18  and insert:

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

20  20.18, Florida Statutes, is amended to read:

21         20.18  Department of Community Affairs.--There is

22  created a Department of Community Affairs.

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

24  Affairs are established:

25         (c)  Division of Community Resource Planning and

26  Management.

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

28  163.3164, Florida Statutes, to read:

29         163.3164  Definitions.--As used in this act:

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

31  authorized by s. 163.3245 in which one or more local

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  governments by agreement with the state land planning agency

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

 3  within certain designated geographic areas identified in the

 4  local comprehensive plan as a means of fostering innovative

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

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

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

 8  requirements, protecting regionally significant resources and

 9  facilities, and addressing extrajurisdictional impacts.

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

11  Statutes, is amended to read:

12         163.3171  Areas of authority under this act.--

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

14  government shall have the power to enter into agreements with

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

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

17  necessary or desirable to effectuate the provisions and

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

19  s. 163.3245.

20         Section 4.  Effective July 1, 1998, paragraph (a) of

21  section (6) of section 163.3177, Florida Statutes, is amended,

22  and subsection (12) is added to said section, to read:

23         163.3177  Required and optional elements of

24  comprehensive plan; studies and surveys.--

25         (6)  In addition to the requirements of subsections

26  (1)-(5), the comprehensive plan shall include the following

27  elements:

28         (a)  A future land use plan element designating

29  proposed future general distribution, location, and extent of

30  the uses of land for residential uses, commercial uses,

31  industry, agriculture, recreation, conservation, education,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  public buildings and grounds, other public facilities, and

 2  other categories of the public and private uses of land.  The

 3  future land use plan shall include standards to be followed in

 4  the control and distribution of population densities and

 5  building and structure intensities.  The proposed

 6  distribution, location, and extent of the various categories

 7  of land use shall be shown on a land use map or map series

 8  which shall be supplemented by goals, policies, and measurable

 9  objectives.  Each land use category shall be defined in terms

10  of the types of uses included and specific standards for the

11  density or intensity of use.  The future land use plan shall

12  be based upon surveys, studies, and data regarding the area,

13  including the amount of land required to accommodate

14  anticipated growth; the projected population of the area; the

15  character of undeveloped land; the availability of public

16  services; and the need for redevelopment, including the

17  renewal of blighted areas and the elimination of nonconforming

18  uses which are inconsistent with the character of the

19  community. The future land use plan may designate areas for

20  future planned development use involving combinations of types

21  of uses for which special regulations may be necessary to

22  ensure development in accord with the principles and standards

23  of the comprehensive plan and this act.  The future land use

24  plan of a county may also designate areas for possible future

25  municipal incorporation.  The land use maps or map series

26  shall generally identify and depict historic district

27  boundaries and shall designate historically significant

28  properties meriting protection.  The future land use element

29  must clearly identify the land use categories in which public

30  schools are an allowable use.  When delineating the land use

31  categories in which public schools are an allowable use, a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  local government shall include in the categories sufficient

 2  land proximate to residential development to meet the

 3  projected needs for schools in coordination with public school

 4  boards and may establish differing criteria for schools of

 5  different type or size.  Each local government shall include

 6  lands contiguous to existing school sites, to the maximum

 7  extent possible, within the land use categories in which

 8  public schools are an allowable use.  All comprehensive plans

 9  must comply with this paragraph no later than October 1, 1999,

10  or the deadline for the local government evaluation and

11  appraisal report, whichever occurs first 1996. The failure by

12  a local government to comply with this requirement will result

13  in the prohibition of the local government's ability to amend

14  the local comprehensive plan as provided by s. 163.3187(6). An

15  amendment proposed by a local government for purposes of

16  identifying the land use categories in which public schools

17  are an allowable use is exempt from the limitation on the

18  frequency of plan amendments contained in s. 163.3187. The

19  future land use element shall include criteria which encourage

20  the location of schools proximate to urban residential areas

21  to the extent possible and shall require that the local

22  government seek to collocate public facilities, such as parks,

23  libraries, and community centers, with schools to the extent

24  possible.

25         (12)  A public school facilities element adopted to

26  implement a school concurrency program shall meet the

27  requirements of this subsection.

28         (a)  A public school facilities element shall be based

29  upon data and analyses that address, among other items, how

30  level of service standards will be achieved and maintained.

31  Such data and analyses must include, at a minimum, such items

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  as: the 5-year school district facilities work program adopted

 2  pursuant to s. 235.185; the educational plant survey and an

 3  existing educational and ancillary plant map or map series;

 4  information on existing development and development

 5  anticipated for the next 5 years and the long-term planning

 6  period; an analysis of problems and opportunities for existing

 7  schools and schools anticipated in the future; an analysis of

 8  opportunities to collocate future schools with other public

 9  facilities such as parks, libraries, and community centers; an

10  analysis of the need for supporting public facilities for

11  existing and future schools; an analysis of opportunities to

12  locate schools to serve as community focal points; projected

13  future population and associated demographics, including

14  development patterns year by year for the upcoming 5-year and

15  long-term planning periods; and anticipated educational and

16  ancillary plants with land area requirements.

17         (b)  The element shall contain one or more goals which

18  establish the long-term end toward which public school

19  programs and activities are ultimately directed.

20         (c)  The element shall contain one or more objectives

21  for each goal, setting specific, measurable, intermediate ends

22  that are achievable and mark progress toward the goal.

23         (d)  The element shall contain one or more policies for

24  each objective which establish the way in which programs and

25  activities will be conducted to achieve an identified goal.

26         (e)  The objectives and policies shall address items

27  such as: the procedure for an annual update process; the

28  procedure for school site selection; the procedure for school

29  permitting; provision of supporting infrastructure; location

30  of future school sites so they serve as community focal

31  points; measures to ensure compatibility of school sites and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  surrounding land uses; coordination with adjacent local

 2  governments and the school district on emergency preparedness

 3  issues; and coordination with the future land use element.

 4         (f)  The element shall include one or more future

 5  conditions maps which depict the anticipated location of

 6  educational and ancillary plants. The maps will of necessity

 7  be general for the long-term planning period and more specific

 8  for the 5-year period.

 9         Section 5.  Effective July 1, 1998, subsections (1) and

10  (6) of section 163.3180, Florida Statutes, are amended, and

11  subsections (12) and (13) are added to said section, to read:

12         163.3180  Concurrency.--

13         (1)(a)  Roads, sanitary sewer, solid waste, drainage,

14  potable water, parks and recreation, and mass transit, where

15  applicable, are the only public facilities and services

16  subject to the concurrency requirement on a statewide basis.

17  Additional public facilities and services may not be made

18  subject to concurrency on a statewide basis without

19  appropriate study and approval by the Legislature; however,

20  any local government may extend the concurrency requirement so

21  that it applies to additional public facilities within its

22  jurisdiction.

23         (b)  If a local government elects to extend the

24  concurrency requirement to public schools, it should first

25  conduct a study to determine how the requirement would be met

26  and shared by all affected parties. The local government shall

27  provide an opportunity for full participation in this study by

28  the school board. The state land planning agency may provide

29  technical assistance to local governments that study and

30  prepare for extension of the concurrency requirement to public

31  schools. When establishing concurrency requirements for public

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  schools, a local government shall comply with the following

 2  criteria for any proposed plan or plan amendment transmitted

 3  pursuant to s. 163.3184(3) after July 1, 1995:

 4         1.  Adopt level-of-service standards for public schools

 5  with the agreement of the school board.  Public school

 6  level-of-service standards shall be adopted as part of the

 7  capital improvements element in the local government

 8  comprehensive plan, which shall contain a financially feasible

 9  public school capital facilities program established in

10  conjunction with the school board that will provide

11  educational facilities at an adequate level of service

12  necessary to implement the adopted local government

13  comprehensive plan.

14         2.  Satisfy the requirement for intergovernmental

15  coordination set forth in s. 163.3177(6)(h)1. and 2.

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

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

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

19  volume at the adopted level of service of the affected

20  transportation facility as determined by the local government.

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

22  volumes and the projected volumes from approved projects on a

23  transportation facility it would exceed 110 percent of the

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

25  sum of existing volumes and the projected volumes from

26  approved projects on a transportation facility; provided

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

28  lot will constitute a de minimis impact on all roadways

29  regardless of the level of the deficiency of the roadway.

30  Local governments are encouraged to adopt methodologies to

31  encourage de minimis impacts on transportation facilities

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

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

 3  standard of any affected designated hurricane evacuation

 4  routes.

 5         (12)  School concurrency, if imposed by local option,

 6  shall be established on a districtwide basis and shall include

 7  all public schools in the district and all portions of the

 8  district, whether located in a municipality or an

 9  unincorporated area. The application of school concurrency to

10  development shall be based upon the adopted comprehensive

11  plan, as amended.  All local governments within a county,

12  except as provided in paragraph (f), shall adopt and transmit

13  to the state land planning agency the necessary plan

14  amendments, along with the interlocal agreement, for a

15  compliance review pursuant to s. 163.3184(7) and (8). School

16  concurrency shall not become effective in a county until all

17  local governments, except as provided in paragraph (f), have

18  adopted the necessary plan amendments, which together with the

19  interlocal agreement, are determined to be in compliance with

20  the requirements of this part.  The minimum requirements for

21  school concurrency are the following:

22         (a)  Public school facilities element.--A local

23  government shall adopt and transmit to the state land planning

24  agency a plan or plan amendment which includes a public school

25  facilities element which is consistent with the requirements

26  of s. 163.3177(12) and which is determined to be in compliance

27  as defined in s. 163.3184(1)(b).  All local government public

28  school facilities plan elements within a county must be

29  consistent with each other as well as the requirements of this

30  part.

31         (b)  Level of service standards.--The Legislature

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  recognizes that an essential requirement for a concurrency

 2  management system is the level of service at which a public

 3  facility is expected to operate.

 4         1.  Local governments and school boards imposing school

 5  concurrency shall exercise authority in conjunction with each

 6  other to establish jointly adequate level of service

 7  standards, as defined in rule 9J-5, Florida Administrative

 8  Code, necessary to implement the adopted local government

 9  comprehensive plan, based on data and analysis.

10         2.  Public school level of service standards shall be

11  included and adopted into the capital improvements element of

12  the local comprehensive plan and shall apply districtwide to

13  all schools of the same type. Types of schools may include

14  elementary, middle, and high schools as well as

15  special-purpose facilities such as magnet schools.

16         3.  Local governments and school boards shall have the

17  option to utilize tiered level of service standards to allow

18  time to achieve an adequate and desirable level of service as

19  circumstances warrant.

20         (c)  Service areas.--The Legislature recognizes that an

21  essential requirement for a concurrency system is a

22  designation of the area within which the level of service will

23  be measured when an application for a residential development

24  permit is reviewed for school concurrency purposes. This

25  delineation is also important for purposes of determining

26  whether the local government has a financially feasible public

27  school capital facilities program that will provide schools

28  which will achieve and maintain the adopted level of service

29  standards.

30         1.  In order to balance competing interests, preserve

31  the constitutional concept of uniformity, and avoid disruption

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  of existing educational and growth management processes, local

 2  governments are encouraged to apply school concurrency to

 3  development on a districtwide basis so that a concurrency

 4  determination for a specific development will be based upon

 5  the availability of school capacity districtwide.

 6         2.  For local governments applying school concurrency

 7  on a less than districtwide basis, such as utilizing school

 8  attendance zones or larger school concurrency service areas,

 9  local governments and school boards shall have the burden to

10  demonstrate that the utilization of school capacity is

11  maximized to the greatest extent possible in the comprehensive

12  plan and amendment, taking into account transportation costs

13  and court-approved desegregation plans, as well as other

14  factors. In addition, in order to achieve concurrency within

15  the service area boundaries selected by local governments and

16  school boards, the service area boundaries, together with the

17  standards for establishing those boundaries, shall be

18  identified, included, and adopted as part of the comprehensive

19  plan.  Any subsequent change to the service area boundaries

20  for purposes of a school concurrency system shall be by plan

21  amendment and shall be exempt from the limitation on the

22  frequency of plan amendments in s. 163.3187(1).

23         3.  Where school capacity is available on a

24  districtwide basis but school concurrency is applied on a less

25  than districtwide basis in the form of concurrency service

26  areas, if the adopted level of service standard cannot be met

27  in a particular service area as applied to an application for

28  a development permit and if the needed capacity for the

29  particular service area is available in one or more contiguous

30  service areas, as adopted by the local government, then the

31  development order shall be issued and mitigation measures

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  shall not be exacted.

 2         (d)  Financial feasibility.--The Legislature recognizes

 3  that financial feasibility is an important issue because the

 4  premise of concurrency is that the public facilities will be

 5  provided in order to achieve and maintain the adopted level of

 6  service standard. This part and chapter 9J-5, Florida

 7  Administrative Code, contain specific standards to determine

 8  the financial feasibility of capital programs. These standards

 9  were adopted to make concurrency more predictable and local

10  governments more accountable.

11         1.  A comprehensive plan amendment seeking to impose

12  school concurrency shall contain appropriate amendments to the

13  capital improvements element of the comprehensive plan,

14  consistent with the requirements of s. 163.3177(3) and rule

15  9J-5.016, Florida Administrative Code. The capital

16  improvements element shall set forth a financially feasible

17  public school capital facilities program, established in

18  conjunction with the school board, that demonstrates that the

19  adopted level of service standards will be achieved and

20  maintained.

21         2.  Such amendments shall demonstrate that the public

22  school capital facilities program meets all of the financial

23  feasibility standards of this part and chapter 9J-5, Florida

24  Administrative Code, that apply to capital programs which

25  provide the basis for mandatory concurrency on other public

26  facilities and services.

27         3.  When the financial feasibility of a public school

28  capital facilities program is evaluated by the state land

29  planning agency for purposes of a compliance determination,

30  the evaluation shall be based upon the service areas selected

31  by the local governments and school board.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         (e)  Availability standard.--Consistent with the public

 2  welfare, a local government may not deny a development permit

 3  authorizing residential development for failure to achieve and

 4  maintain the level of service standard for public school

 5  capacity in a local option school concurrency system where

 6  adequate school facilities will be in place or under actual

 7  construction within 3 years after permit issuance.

 8         (f)  Intergovernmental coordination.--

 9         1.  When establishing concurrency requirements for

10  public schools, a local government shall satisfy the

11  requirements for intergovernmental coordination set forth in

12  s. 163.3177(6)(h)1. and 2., except that a municipality is not

13  required to be a signatory to the interlocal agreement

14  required by s. 163.3177(6)(h)2. as a prerequisite for

15  imposition of school concurrency, and as a nonsignatory shall

16  not participate in the adopted local school concurrency

17  system, if the municipality meets all of the following

18  criteria for having no significant impact on school

19  attendance:

20         a.  The municipality has issued development orders for

21  fewer than 50 residential dwelling units during the preceding

22  5 years, or the municipality has generated fewer than 25

23  additional public school students during the preceding 5

24  years.

25         b.  The municipality has not annexed new land during

26  the preceding 5 years in land use categories which permit

27  residential uses that will affect school attendance rates.

28         c.  The municipality has no public schools located

29  within its boundaries.

30         d.  At least 80 percent of the developable land within

31  the boundaries of the municipality has been built upon.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         2.  A municipality which qualifies as having no

 2  significant impact on school attendance pursuant to the

 3  criteria of subparagraph 1. must review and determine at the

 4  time of its evaluation and appraisal report pursuant to s.

 5  163.3191 whether it continues to meet the criteria.  If the

 6  municipality determines that it no longer meets the criteria,

 7  it must adopt appropriate school concurrency goals,

 8  objectives, and policies in its plan amendments based on the

 9  evaluation and appraisal report, and enter into the existing

10  interlocal agreement required by s. 163.3177(6)(h)2., in order

11  to fully participate in the school concurrency system.  If

12  such a municipality fails to do so, it will be subject to the

13  enforcement provisions of s. 163.3191.

14         (g)  Interlocal agreement for school concurrency.--When

15  establishing concurrency requirements for public schools, a

16  local government must enter into an interlocal agreement which

17  satisfies the requirements in s. 163.3177(6)(h)1. and 2. and

18  the requirements of this subsection.  The interlocal agreement

19  shall acknowledge both the school board's constitutional and

20  statutory obligations to provide a uniform system of free

21  public schools on a countywide basis, and the land use

22  authority of local governments, including their authority to

23  approve or deny comprehensive plan amendments and development

24  orders.  The interlocal agreement shall be submitted to the

25  state land planning agency by the local government as a part

26  of the compliance review, along with the other necessary

27  amendments to the comprehensive plan required by this part.

28  In addition to the requirements of s. 163.3177(6)(h), the

29  interlocal agreement shall meet the following requirements:

30         1.  Establish the mechanisms for coordinating the

31  development, adoption, and amendment of each local

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  government's public school facilities element with each other

 2  and the plans of the school board to ensure a uniform

 3  districtwide school concurrency system.

 4         2.  Establish a process by which each local government

 5  and the school board shall agree and base their plans on

 6  consistent projections of the amount, type, and distribution

 7  of population growth and coordinate and share information

 8  relating to existing and planned public school facilities

 9  projections and proposals for development and redevelopment,

10  and infrastructure required to support public school

11  facilities.

12         3.  Establish a process for the development of siting

13  criteria which encourages the location of public schools

14  proximate to urban residential areas to the extent possible

15  and seeks to collocate schools with other public facilities

16  such as parks, libraries, and community centers to the extent

17  possible.

18         4.  Specify uniform, districtwide level of service

19  standards for public schools of the same type and the process

20  for modifying the adopted levels of service standards.

21         5.  Establish a process for the preparation, amendment,

22  and joint approval by each local government and the school

23  board of a public school capital facilities program which is

24  financially feasible, and a process and schedule for

25  incorporation of the public school capital facilities program

26  into the local government comprehensive plans on an annual

27  basis.

28         6.  Define the geographic application of school

29  concurrency.  If school concurrency is to be applied on a less

30  than districtwide basis in the form of concurrency service

31  areas, the agreement shall establish criteria and standards

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  for the establishment and modification of school concurrency

 2  service areas.  The agreement shall also establish a process

 3  and schedule for the mandatory incorporation of the school

 4  concurrency service areas and the criteria and standards for

 5  establishment of the service areas into the local government

 6  comprehensive plans.  The agreement shall ensure maximum

 7  utilization of school capacity, taking into account

 8  transportation costs and court-approved desegregation plans,

 9  as well as other factors.  The agreement shall also ensure the

10  achievement and maintenance of the adopted level of service

11  standards for the geographic area of application throughout

12  the 5 years covered by the public school capital facilities

13  plan and thereafter by adding a new fifth year during the

14  annual update.

15         7.  Establish a uniform districtwide procedure for

16  implementing school concurrency which provides for:

17         a.  The evaluation of development applications for

18  compliance with school concurrency requirements;

19         b.  An opportunity for the school board to review and

20  comment on the effect of comprehensive plan amendments and

21  rezonings on the public school facilities plan; and

22         c.  The monitoring and evaluation of the school

23  concurrency system.

24         8.  Include provisions relating to termination,

25  suspension, and amendment of the agreement.  The agreement

26  shall provide that if the agreement is terminated or

27  suspended, the application of school concurrency shall be

28  terminated or suspended.

29         (13)  The state land planning agency shall, by October

30  1, 1998, adopt by rule minimum criteria for the review and

31  determination of compliance of a public school facilities

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  element adopted by a local government for purposes of

 2  imposition of school concurrency.

 3         Section 6.  Effective July 1, 1998, paragraph (i) is

 4  added to subsection (2) of section 163.3191, Florida Statutes,

 5  to read:

 6         163.3191  Evaluation and appraisal of comprehensive

 7  plan.--

 8         (2)  The report shall present an assessment and

 9  evaluation of the success or failure of the comprehensive

10  plan, or element or portion thereof, and shall contain

11  appropriate statements (using words, maps, illustrations, or

12  other forms) related to:

13         (i)  The coordination of the comprehensive plan with

14  existing public schools and those identified in the applicable

15  5-year school district facilities work program adopted

16  pursuant to s. 235.185. The assessment shall address, where

17  relevant, the success or failure of the coordination of the

18  future land use map and associated planned residential

19  development with public schools and their capacities, as well

20  as the joint decisionmaking processes engaged in by the local

21  government and the school board in regard to establishing

22  appropriate population projections and the planning and siting

23  of public school facilities. If the issues are not relevant,

24  the local government shall demonstrate that they are not

25  relevant.

26         Section 7.  Effective July 1, 1998, subsection (5) is

27  added to section 235.185, Florida Statutes, as created by

28  chapter 97-384, Laws of Florida, to read:

29         235.185  School district facilities work program;

30  definitions; preparation, adoption, and amendment; long-term

31  work programs.--

                                  16
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

 2  the adopted district facilities work program covering the

 3  5-year work program, the district school board shall adopt

 4  annually a 10-year and a 20-year work program which include

 5  the information set forth in subsection (2), but based upon

 6  enrollment projections and facility needs for the 10-year and

 7  20-year periods. It is recognized that the projections in the

 8  10-year and 20-year timeframes are tentative and should be

 9  used only for general planning purposes.

10         Section 8.  Effective July 1, 1998, subsection (1) of

11  section 235.19, Florida Statutes, is amended to read:

12         235.19  Site planning and selection.--

13         (1)  Before acquiring property for sites, each board

14  shall determine the location of proposed educational centers

15  or campuses for the board.  In making this determination, the

16  board shall consider existing and anticipated site needs and

17  the most economical and practicable locations of sites.  The

18  board shall coordinate with the long-range or comprehensive

19  plans of local, regional, and state governmental agencies to

20  assure the compatibility of such plans with site planning.

21  Boards are encouraged to locate schools proximate to urban

22  residential areas to the extent possible, and shall seek to

23  collocate schools with other public facilities, such as parks,

24  libraries, and community centers, to the extent possible.

25         Section 9.  Effective July 1, 1998, subsection (2) of

26  section 235.193, Florida Statutes, is amended to read:

27         235.193  Coordination of planning with local governing

28  bodies.--

29         (2)  A school board and the local governing body must

30  share and coordinate information related to existing and

31  planned public school facilities; proposals for development,

                                  17
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  redevelopment, or additional development; and infrastructure

 2  required to support the public school facilities, concurrent

 3  with proposed development. A school board shall use Department

 4  of Education enrollment projections when preparing the 5-year

 5  district facilities work program pursuant to s. 235.185, and a

 6  school board shall affirmatively demonstrate in the

 7  educational facilities report consideration of local

 8  governments' population projections to ensure that the 5-year

 9  work program not only reflects enrollment projections but also

10  considers applicable municipal and county growth and

11  development projections. A school board is precluded from

12  siting a new school in a jurisdiction where the school board

13  has failed to provide the annual educational facilities report

14  for the prior year required pursuant to s. 235.194 unless the

15  failure is corrected.

16         Section 10.  Until the minimum criteria for a public

17  school facilities element adopted for purposes of imposition

18  of school concurrency, as required by s. 163.3180(13), Florida

19  Statutes, are in effect, the state land planning agency shall

20  utilize the minimum criteria for a public school facilities

21  element adopted for purposes of imposition of school

22  concurrency contained in the Final Report and Consensus Text

23  by the Department of Community Affairs Public School

24  Construction Working Group, dated March 9, 1998, in any

25  compliance review of any such element.

26         Section 11.  Any county whose adopted public school

27  facilities element is the subject of a final order entered by

28  the Administration Commission prior to the effective date of

29  this act may implement its public school facilities element in

30  accordance with the general law concerning public school

31  facilities concurrency in effect when the final order was

                                  18
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  entered and in accord with the final order consistent with any

 2  appellate court decision. The county shall comply with the

 3  requirements of the final order, consistent with any appellate

 4  decision, in implementing its public school facilities element

 5  and in adopting any necessary amendment to its comprehensive

 6  plan.

 7         Section 12.  Paragraph (b) of subsection (1) and

 8  subsections (2), (4), and (6) of section 163.3184, Florida

 9  Statutes, are amended to read:

10         163.3184  Process for adoption of comprehensive plan or

11  plan amendment.--

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

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

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

15  163.3191, and 163.3245, with the state comprehensive plan,

16  with the appropriate strategic regional policy plan, and with

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

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

19  principles for guiding development in designated areas of

20  critical state concern.

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

22  amendment proposed to be adopted pursuant to this part shall

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

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

25  responsibility for plan review, coordination, and the

26  preparation and transmission of comments, pursuant to this

27  section, to the local governing body responsible for the

28  comprehensive plan. The state land planning agency shall

29  maintain a single file concerning any proposed or adopted plan

30  amendment submitted by a local government for any review under

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

                                  19
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  memoranda, and other documents received or generated by the

 2  state land planning agency must be placed in the appropriate

 3  file. Paper copies of all electronic mail correspondence must

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

 5  available for public inspection and copying as provided in

 6  chapter 119.

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

 8  comprehensive plan amendment is requested or otherwise

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

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

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

12  amendment to various government agencies, as appropriate, for

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

14  department, the Department of Transportation, the water

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

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

17  agency.  These governmental agencies shall provide comments to

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

19  the proposed plan amendment.  The appropriate regional

20  planning council shall also provide its written comments to

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

22  the proposed plan amendment and shall specify any objections,

23  recommendations for modifications, and comments of any other

24  regional agencies to which the regional planning council may

25  have referred the proposed plan amendment. Written comments

26  submitted by the public within 30 days after notice of

27  transmittal by the local government of the proposed plan

28  amendment will be considered as if submitted by governmental

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

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

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

                                  20
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

 2  proposed plan amendment upon request of a regional planning

 3  council, affected person, or local government transmitting the

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

 5  transmittal of the proposed plan amendment pursuant to

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

 7  objections, recommendations, and comments regarding the

 8  proposed plan amendment.  A regional planning council or

 9  affected person requesting a review shall do so by submitting

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

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

12  notice.

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

14  proposed plan amendment regardless of whether a request for

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

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

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

18  transmittal of the proposed plan amendment pursuant to

19  subsection (3).

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

21  comments from the various government agencies, as well as

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

23  have 30 days to review comments from the various government

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

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

26  agency shall transmit in writing its comments to the local

27  government along with any objections and any recommendations

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

29  has implemented a permitting program, the state land planning

30  agency shall not require a local government to duplicate or

31  exceed that permitting program in its comprehensive plan or to

                                  21
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  implement such a permitting program in its land development

 2  regulations.  Nothing contained herein shall prohibit the

 3  state land planning agency in conducting its review of local

 4  plans or plan amendments from making objections,

 5  recommendations, and comments or making compliance

 6  determinations regarding densities and intensities consistent

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

 8  the state land planning agency shall only base its

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

10  source.

11         (d)  The state land planning agency review shall

12  identify all written communications with the agency regarding

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

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

15  the local government all written communications received 30

16  days after transmittal. The written identification must

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

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

19  the documents to be identified and copies requested, if

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

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

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

23  planning agency.

24         Section 13.  Effective October 1, 1998, subsection (6)

25  of section 163.3187, Florida Statutes, is amended to read:

26         163.3187  Amendment of adopted comprehensive plan.--

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

28  plan after the date established by the state land planning

29  agency rule for adoption submittal of its evaluation and

30  appraisal report unless it has submitted its report or

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

                                  22
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  163.3191, except for plan amendments described in paragraph

 2  (1)(b).:

 3         (a)  Plan amendments to implement recommendations in

 4  the report or addendum.

 5         (b)  A local government may amend its comprehensive

 6  plan after it has submitted its adopted evaluation and

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

 8  determination of sufficiency regardless of whether the report

 9  has been determined to be insufficient Plan amendments

10  described in paragraph (1)(b).

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

12  plan, except for plan amendments described in paragraph

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

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

15  been determined to be sufficient Plan amendments described in

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

17  agreements entered into before the date established for

18  submittal of the report or addendum.

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

20  that the report or addendum has sufficiently addressed all

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

22  amend its comprehensive plan without the limitations imposed

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

24  in addition to those necessary to implement recommendations in

25  the report or addendum.

26         (e)  Any plan amendment which a local government

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

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

29  local government readopts the amendment and transmits the

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

31  163.3184(7) after the report is determined to be sufficient.

                                  23
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         Section 14.  Effective October 1, 1998, section

 2  163.3191, Florida Statutes, as amended by this act, is amended

 3  to read:

 4         (Substantial rewording of section.  See

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

 6         163.3191  Evaluation and appraisal of comprehensive

 7  plan.--

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

 9  ongoing process.  Each local government shall adopt an

10  evaluation and appraisal report once every 7 years assessing

11  the progress in implementing the local government's

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

13  section that:

14         (a)  Adopted comprehensive plans be reviewed through

15  such evaluation process to respond to changes in state,

16  regional, and local policies on planning and growth management

17  and changing conditions and trends, to ensure effective

18  intergovernmental coordination, and to identify major issues

19  regarding the community's achievement of its goals.

20         (b)  After completion of the initial evaluation and

21  appraisal report and any supporting plan amendments, each

22  subsequent evaluation and appraisal report must evaluate the

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

24  the evaluation and appraisal report process.

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

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

27  adjacent local governments, and the public in the evaluation

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

29  section to establish minimum requirements for information to

30  ensure predictability, certainty, and integrity in the growth

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

                                  24
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  summary audit of the actions that a local government has

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

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

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

 5  statewide minimum standards.  The report is not intended to

 6  require a comprehensive rewrite of the elements within the

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

 8         (2)  The report shall present an evaluation and

 9  assessment of the comprehensive plan and shall contain

10  appropriate statements to update the comprehensive plan,

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

12  other media, related to:

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

14  including annexation, since the adoption of the original plan

15  or the most recent update amendments.

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

17         (c)  The financial feasibility of implementing the

18  comprehensive plan and of providing needed infrastructure to

19  achieve and maintain adopted level of service standards and

20  sustain concurrency management systems through the capital

21  improvements element, as well as the ability to address

22  infrastructure backlogs and meet the demands of growth on

23  public services and facilities.

24         (d)  The location of existing development in relation

25  to the location of development as anticipated in the original

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

27  and appraisal report update amendments, such as within areas

28  designated for urban growth.

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

30  jurisdiction and, where pertinent, the potential social,

31  economic, and environmental impacts.

                                  25
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

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

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

 4  Code, and the appropriate strategic regional policy plan since

 5  the adoption of the original plan or the most recent

 6  evaluation and appraisal report update amendments.

 7         (g)  An assessment of whether the plan objectives

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

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

10  identification as to whether unforeseen or unanticipated

11  changes in circumstances have resulted in problems or

12  opportunities with respect to major issues identified in each

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

14  the issue.

15         (h)  A brief assessment of successes and shortcomings

16  related to each element of the plan.

17         (i)  The identification of any actions or corrective

18  measures, including whether plan amendments are anticipated to

19  address the major issues identified and analyzed in the

20  report.  Such identification shall include, as appropriate,

21  new population projections, new revised planning timeframes, a

22  revised future conditions map or map series, an updated

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

24  objectives, and policies for major issues identified within

25  each element.  This paragraph shall not require the submittal

26  of the plan amendments with the evaluation and appraisal

27  report.

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

29  activities undertaken by the local government in preparing the

30  report.

31         (k)  The coordination of the comprehensive plan with

                                  26
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  existing public schools and those identified in the applicable

 2  5-year school district facilities work program adopted

 3  pursuant to s. 235.185. The assessment shall address, where

 4  relevant, the success or failure of the coordination of the

 5  future land use map and associated planned residential

 6  development with public schools and their capacities, as well

 7  as the joint decisionmaking processes engaged in by the local

 8  government and the school board in regard to establishing

 9  appropriate population projections and the planning and siting

10  of public school facilities. If the issues are not relevant,

11  the local government shall demonstrate that they are not

12  relevant.

13         (3)  Voluntary scoping meetings may be conducted by

14  each local government or several local governments within the

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

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

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

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

19  meetings shall be to distribute data and resources available

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

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

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

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

24  the local government shall invite each state and regional

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

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

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

28  the most recent evaluation and appraisal report-based update

29  amendments, should be developed by state and regional entities

30  and involved local governments for distribution at the scoping

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

                                  27
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

 2  evaluation and appraisal report by parties to which the report

 3  relates.

 4         (4)  The local planning agency shall prepare the

 5  evaluation and appraisal report and shall make recommendations

 6  to the governing body regarding adoption of the proposed

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

 8  conformity with its public participation procedures adopted as

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

10  proposed report and prior to making any recommendation to the

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

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

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

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

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

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

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

18  preparer. Where applicable, maps shall include major natural

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

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

21  the date.

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

23  the local government may provide a proposed evaluation and

24  appraisal report to the state land planning agency and

25  distribute copies to state and regional commenting agencies as

26  prescribed by rule, adjacent jurisdictions, and interested

27  citizens for review.  All review comments, including comments

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

29  local government and state land planning agency within 30 days

30  after receipt of the proposed report.

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

                                  28
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

 2  evaluation and appraisal report by resolution or ordinance at

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

 4  adopt the report in conformity with its public participation

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

 6  government shall submit to the state land planning agency

 7  three copies of the report, a transmittal letter indicating

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

 9  resolution or ordinance.  The local government shall provide a

10  copy of the report to the reviewing agencies which provided

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

12  agencies if a proposed report was not provided pursuant to

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

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

15  shall review the adopted report and make a preliminary

16  sufficiency determination that shall be forwarded by the

17  agency to the local government for its consideration.  The

18  state land planning agency shall issue a final sufficiency

19  determination within 90 days after receipt of the adopted

20  evaluation and appraisal report.

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

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

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

24  sufficiency review of the state land planning agency shall

25  concentrate on whether the evaluation and appraisal report

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

27  the state land planning agency determines that the report is

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

29  report and submit the revised report for review pursuant to

30  subsection (6).

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

                                  29
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  review of evaluation and appraisal reports, including all

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

 3  to the appropriate regional planning council.  When the review

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

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

 6  by the regional planning council rather than the state land

 7  planning agency.  The state land planning agency shall by

 8  agreement provide for uniform and adequate review of reports

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

10  regional planning council.

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

12  phased schedule for adoption of reports.  The schedule shall

13  provide each local government at least 7 years from plan

14  adoption or last established adoption date for a report and

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

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

17  analyses gathered by the counties, the state land planning

18  agency shall schedule municipal report adoption dates between

19  1 year and 18 months later than the report adoption date for

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

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

22  to the established adoption date.  Small municipalities which

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

24  to adopt their evaluation and appraisal report after February

25  2, 1999, shall be rescheduled to adopt their report together

26  with the other municipalities in their county as provided in

27  this subsection.

28         (10)  The governing body shall amend its comprehensive

29  plan based on the recommendations in the report and shall

30  update the comprehensive plan based on the components of

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

                                  30
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  163.3187, and 163.3189.  Amendments to update a comprehensive

 2  plan based on the evaluation and appraisal report shall be

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

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

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

 6  portion of such amendments.  The state land planning agency

 7  may grant a 6-month extension for the adoption of such

 8  amendments if the request is justified by good and sufficient

 9  cause as determined by the agency.  An additional extension

10  may also be granted if the request will result in greater

11  coordination between transportation and land use, for the

12  purposes of improving Florida's transportation system, as

13  determined by the agency in coordination with the Metropolitan

14  Planning Organization program.  The comprehensive plan as

15  amended shall be in compliance as defined in s.

16  163.3184(1)(b).

17         (11)  The Administration Commission may impose the

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

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

20  fails to implement its report through timely and sufficient

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

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

23  planning agency or found present by the Administration

24  Commission.  Sanctions for untimely or insufficient plan

25  amendments shall be prospective only and shall begin after a

26  final order has been issued by the Administration Commission

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

28  government to comply with an adverse determination by the

29  Administration Commission through adoption of plan amendments

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

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

                                  31
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  proceeding by filing a petition with the Division of

 2  Administrative Hearings, which shall appoint an administrative

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

 4  120.57(1) and shall submit a recommended order to the

 5  Administration Commission.  The affected local government

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

 7  implement this subsection by rule.

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

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

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

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

12  report to the Governor, the Administration Commission, the

13  Speaker of the House of Representatives, the President of the

14  Senate, and the respective community affairs committees of the

15  Senate and the House of Representatives on the coordination

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

17  technical assistance for evaluation and appraisal reports and

18  update plan amendments.  Technical assistance shall include,

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

20  appraisal report templates, distribution of data in formats

21  usable by local governments, onsite visits with local

22  governments, and participation in and assistance with the

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

24         (14)  The state land planning agency shall regularly

25  review the evaluation and appraisal report process and submit

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

27  Speaker of the House of Representatives, the President of the

28  Senate, and the respective community affairs committees of the

29  Senate and the House of Representatives.  The first report

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

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

                                  32
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  9 months before the due date of each report, the Secretary of

 2  Community Affairs shall appoint a technical committee of at

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

 4  The membership of the technical committee shall consist of

 5  representatives of local governments, regional planning

 6  councils, the private sector, and environmental organizations.

 7  The report shall assess the effectiveness of the evaluation

 8  and appraisal report process.

 9         (15)  An evaluation and appraisal report due for

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

11  sufficiency pursuant to the provisions of this section.  A

12  local government which has an established adoption date for

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

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

15  evaluated for sufficiency pursuant to the provisions of this

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

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

18         Section 15.  Section 163.3245, Florida Statutes, is

19  created to read:

20         163.3245  Optional sector plans.--

21         (1)  In recognition of the benefits of conceptual

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

23  planning for specific areas, as a demonstration project the

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

25  this section for up to five local governments or combinations

26  of local governments which adopt into the comprehensive plan

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

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

29  which supports innovative and flexible planning and

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

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

                                  33
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

 2  a development of regional impact, while ensuring the adequate

 3  mitigation of impacts to applicable regional resources and

 4  facilities, including those within the jurisdiction of other

 5  local governments, as would otherwise be provided. Optional

 6  sector plans are intended for substantial geographic areas

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

 8  governmental jurisdictions and are to emphasize urban form and

 9  protection of regionally significant resources and facilities.

10  The state land planning agency may approve optional sector

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

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

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

14  an optional sector plan is authorized by agreement between the

15  state land planning agency and the applicable local

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

17  be adopted through one or more comprehensive plan amendments

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

19  authorized in an area of critical state concern.

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

21  agreement to authorize preparation of an optional sector plan

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

23  consideration of problems and opportunities presented by

24  existing development trends; the effectiveness of current

25  comprehensive plan provisions; the potential to further the

26  state comprehensive plan, applicable strategic regional policy

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

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

29  regional planning council shall conduct a scoping meeting with

30  affected local governments and those agencies identified in s.

31  163.3184(4) before execution of the agreement authorized by

                                  34
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

 2  state land planning agency and the local government in the

 3  identification of the relevant planning issues to be addressed

 4  and the data and resources available to assist in the

 5  preparation of subsequent plan amendments. The regional

 6  planning council shall make written recommendations to the

 7  state land planning agency and affected local governments,

 8  including whether a sustainable sector plan would be

 9  appropriate. The agreement must define the geographic area to

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

11  be emphasized, requirements for intergovernmental coordination

12  to address extrajurisdictional impacts, supporting application

13  materials including data and analysis, and procedures for

14  public participation. An agreement may address previously

15  adopted sector plans that are consistent with the standards in

16  this section. Before executing an agreement under this

17  subsection, the local government shall hold a duly noticed

18  public workshop to review and explain to the public the

19  optional sector planning process and the terms and conditions

20  of the proposed agreement. The local government shall hold a

21  duly noticed public hearing to execute the agreement. All

22  meetings between the department and the local government must

23  be open to the public.

24         (3)  Optional sector planning encompasses two levels:

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

26  overlay to the comprehensive plan, having no immediate effect

27  on the issuance of development orders or the applicability of

28  s. 380.06, and adoption under s. 163.3184 of detailed specific

29  area plans that implement the conceptual long-term buildout

30  overlay and authorize issuance of development orders, and

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

                                  35
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  detailed specific area plan is adopted, the underlying future

 2  land use designations apply.

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

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

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

 6  minimum identifies anticipated areas of urban, agricultural,

 7  rural, and conservation land use.

 8         2.  Identification of regionally significant public

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

10  Code, irrespective of local governmental jurisdiction

11  necessary to support buildout of the anticipated future land

12  uses.

13         3.  Identification of regionally significant natural

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

15  Code.

16         4.  Principles and guidelines that address the urban

17  form and interrelationships of anticipated future land uses

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

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

20  achieving a more clean, healthy environment, limiting urban

21  sprawl, protecting wildlife and natural areas, advancing the

22  efficient use of land and other resources, and creating

23  quality communities and jobs.

24         5.  Identification of general procedures to ensure

25  intergovernmental coordination to address extrajurisdictional

26  impacts from the long-range conceptual framework map.

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

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

29  specific area plans must include:

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

31  development which achieves a functional relationship between a

                                  36
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

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

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

 4  local circumstances if it is determined that the plan furthers

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

 6         2.  Detailed identification and analysis of the

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

 8         3.  Detailed identification of regionally significant

 9  public facilities, including public facilities outside the

10  jurisdiction of the host local government, anticipated impacts

11  of future land uses on those facilities, and required

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

13  Code.

14         4.  Public facilities necessary for the short term,

15  including developer contributions in a financially feasible

16  5-year capital improvement schedule of the affected local

17  government.

18         5.  Detailed analysis and identification of specific

19  measures to assure the protection of regionally significant

20  natural resources and other important resources both within

21  and outside the host jurisdiction, including those regionally

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

23  Administrative Code.

24         6.  Principles and guidelines that address the urban

25  form and interrelationships of anticipated future land uses

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

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

28  achieving a more clean, healthy environment, limiting urban

29  sprawl, protecting wildlife and natural areas, advancing the

30  efficient use of land and other resources, and creating

31  quality communities and jobs.

                                  37
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         7.  Identification of specific procedures to ensure

 2  intergovernmental coordination to address extrajurisdictional

 3  impacts of the detailed specific area plan.

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

 5  preparation and approval of the optional sector plan and

 6  detailed specific area plan concurrently or in the same

 7  submission.

 8         (4)  The host local government shall submit a

 9  monitoring report to the state land planning agency and

10  applicable regional planning council on an annual basis after

11  adoption of a detailed specific area plan. The annual

12  monitoring report must provide summarized information on

13  development orders issued, development that has occurred,

14  public facility improvements made, and public facility

15  improvements anticipated over the upcoming 5 years.

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

17  area plan has become effective under ss. 163.3184 and

18  163.3189(2), the provisions of s. 380.06 do not apply to

19  development within the geographic area of the detailed

20  specific area plan. However, any

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

22  vested from the detailed specific area plan may be enforced

23  under s. 380.11.

24         (a)  The local government adopting the detailed

25  specific area plan is primarily responsible for monitoring and

26  enforcing the detailed specific area plan. Local governments

27  shall not issue any permits or approvals or provide any

28  extensions of services to development that are not consistent

29  with the detailed sector area plan.

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

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

                                  38
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

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

 3  administrative or judicial proceeding to prevent, abate, or

 4  control the conditions or activity creating the violation,

 5  using the procedures in s. 380.11.

 6         (c)  In instituting an administrative or judicial

 7  proceeding involving an optional sector plan or detailed

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

 9  163.3245(5)(b), the complaining party shall comply with the

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

11  163.3215.

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

13  thereafter, the department shall provide a status report to

14  the Legislative Committee on Intergovernmental Relations

15  regarding each optional sector plan authorized under this

16  section.

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

18  rights of any person under this chapter.

19         Section 16.  Subsection (6) is added to section

20  171.044, Florida Statutes, to read:

21         171.044  Voluntary annexation.--

22         (6)  Upon publishing or posting the ordinance notice

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

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

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

26  wherein the municipality is located.  The notice provision

27  provided in this subsection shall not be the basis of any

28  cause of action challenging the annexation.

29         Section 17.  Section 186.003, Florida Statutes, is

30  amended to read:

31         186.003  Definitions.--As used in ss. 186.001-186.031

                                  39
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  and 186.801-186.911, the term:

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

 3  Office of Planning and Budgeting of the Executive Office of

 4  the Governor.

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

 6  programs and activities are ultimately directed.

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

 8  intermediate end that is achievable and marks progress toward

 9  a goal.

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

11  activities are conducted to achieve an identified goal.

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

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

14  exercise responsibilities under ss. 186.001-186.031 and

15  186.801-186.911 in a particular region of the state.

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

17  the Game and Fresh Water Fish Commission, the Parole

18  Commission, and the Department of Military Affairs.

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

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

21  its mission within the context of the state comprehensive plan

22  and within the context of any other statutory mandates and

23  authorizations given to the agency, pursuant to ss.

24  186.021-186.022.

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

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

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

28  and policies contained within the state comprehensive plan

29  initially prepared by the Executive Office of the Governor and

30  adopted pursuant to s. 186.008.

31         Section 18.  Subsections (4) and (8) of section

                                  40
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  186.007, Florida Statutes, are amended and subsection (9) is

 2  added to that section to read:

 3         186.007  State comprehensive plan; preparation;

 4  revision.--

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

 6  prepare statewide goals, objectives, and policies related to

 7  the opportunities, problems, and needs associated with growth

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

 9  policies shall constitute the growth management portion of the

10  state comprehensive plan.  In preparing the growth management

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

12  Governor initially shall emphasize the management of land use,

13  water resources, and transportation system development.

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

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

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

17  development, water resources, transportation, and related

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

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

20  development plan, the Florida Transportation Plan, the Florida

21  water plan, and similar planning documents.

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

23  continuing process.  Each section of the plan shall be

24  reviewed and analyzed biennially by the Executive Office of

25  the Governor in conjunction with the planning officers of

26  other state agencies significantly affected by the provisions

27  of the particular section under review.  In conducting this

28  review and analysis, the Executive Office of the Governor

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

30  land planning agency and regional planning councils, the

31  evaluation and appraisal reports submitted pursuant to s.

                                  41
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  163.3191 and the evaluation and appraisal reports prepared

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

 3  comprehensive plan shall be proposed by the Governor in a

 4  written report and be accompanied by an explanation of the

 5  need for such changes.  If the Governor determines that

 6  changes are unnecessary, the written report must explain why

 7  changes are unnecessary.  The proposed revisions and

 8  accompanying explanations may be submitted in the report

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

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

11  186.008(2) at least 30 days prior to the regular legislative

12  session occurring in each even-numbered year.

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

14  and make recommendations as to appropriate revisions to the

15  state comprehensive plan that should be considered for the

16  Governor's recommendations to the Administration Commission

17  for October 1, 1999, pursuant to s. 186.008(1). The committee

18  must consist of persons from the public and private sectors

19  representing the broad range of interests covered by the state

20  comprehensive plan, including state, regional, and local

21  government representatives. In reviewing the goals and

22  policies contained in chapter 187, the committee must identify

23  portions that have become outdated or have not been

24  implemented, and, based upon best available data, the state's

25  progress toward achieving the goals and policies. In reviewing

26  the goals and policies relating to growth and development, the

27  committee shall consider the extent to which the plan

28  adequately addresses the guidelines set forth in s. 186.009,

29  and recommend revisions as appropriate. In addition, the

30  committee shall consider and make recommendations on the

31  purpose and function of the state land development plan, as

                                  42
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  set forth in s. 380.031(17), including whether said plan

 2  should be retained and, if so, its future application. The

 3  committee may also make recommendations as to data and

 4  information needed in the continuing process to evaluate and

 5  update the state comprehensive plan. All meetings of the

 6  committee must be open to the public for input on the state

 7  planning process and amendments to the state comprehensive

 8  plan.  The Executive Office of the Governor is hereby

 9  appropriated $50,000 in nonrecurring general revenue for costs

10  associated with the committee, including travel and per diem

11  reimbursement for the committee members.

12         Section 19.  Section 186.008, Florida Statutes, is

13  amended to read:

14         186.008  State comprehensive plan; revision;

15  implementation.--

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

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

18  prepare, and the Governor shall recommend to the

19  Administration Commission, any proposed revisions to the state

20  comprehensive plan deemed necessary.  The Governor shall

21  transmit his or her recommendations and explanation as

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

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

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

25  member of the public who requests a copy.

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

27  year beginning in 1995, the Administration Commission shall

28  review the proposed revisions to the state comprehensive plan

29  prepared by the Governor.  The commission shall adopt a

30  resolution, after public notice and a reasonable opportunity

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

                                  43
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  state comprehensive plan to the Legislature, together with any

 2  amendments approved by the commission and any dissenting

 3  reports. The commission shall identify those portions of the

 4  plan that are not based on existing law.

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

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

 7         (4)  The state comprehensive plan shall be implemented

 8  and enforced by all state agencies consistent with their

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

10  by administrative rule.  The Governor, as chief planning

11  officer of the state, shall oversee the implementation

12  process.

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

14  consistent with the adopted state comprehensive plan and shall

15  support and further its goals and policies.

16         (6)  The Florida Public Service Commission, in

17  approving the plans of utilities subject to its regulation,

18  shall take into consideration the compatibility of the plan of

19  each utility and all related utility plans taken together with

20  the adopted state comprehensive plan.

21         Section 20.  Subsections (2) and (3) of section

22  186.009, Florida Statutes, are amended to read:

23         186.009  Growth management portion of the state

24  comprehensive plan.--

25         (2)  The growth management portion of the state

26  comprehensive plan shall:

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

28  and local actions necessary to implement the state

29  comprehensive plan with regard to the physical growth and

30  development of the state.

31         (b)  Identify metropolitan and urban growth centers.

                                  44
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         (c)  Identify areas of state and regional environmental

 2  significance and establish strategies to protect them.

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

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

 5  transportation, and water resources.

 6         (e)  Provide guidelines for determining where urban

 7  growth is appropriate and should be encouraged.

 8         (f)  Provide guidelines for state transportation

 9  corridors, public transportation corridors, new interchanges

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

11  state significance.

12         (g)  Promote land acquisition programs to provide for

13  natural resource protection, open space needs, urban

14  recreational opportunities, and water access.

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

16  solutions to the need for affordable housing.

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

18  and waterborne transportation facilities designed to take the

19  needs of agriculture into consideration and to provide for the

20  transportation of agricultural products and supplies.

21         (j)  Establish priorities regarding coastal planning

22  and resource management.

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

24  waterfront development of existing deepwater ports, ensuring

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

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

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

28  necessary to effectuate those portions of the state

29  comprehensive plan which are related to physical growth and

30  development.

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

                                  45
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  degree local government comprehensive plans must be consistent

 2  with the proposed growth management portion of the state

 3  comprehensive plan.

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

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

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

 7  transportation plans required by chapter 339.

 8         (o)  Set forth recommendations concerning what degree

 9  of consistency is appropriate for the strategic regional

10  policy plans.

11

12  The growth management portion of the state comprehensive plan

13  shall not include a land use map.

14         (3)(a)  On or before October 15, 1993, the Executive

15  Office of the Governor shall prepare, and the Governor shall

16  recommend to the Administration Commission, the proposed

17  growth management portion of the state comprehensive plan.

18  Copies shall also be provided to each state agency, to each

19  regional planning agency, to any other unit of government that

20  requests a copy, and to any member of the public who requests

21  a copy.

22         (b)  On or before December 1, 1993, the Administration

23  Commission shall review the proposed growth management portion

24  of the state comprehensive plan prepared by the Governor.  The

25  commission shall adopt a resolution, after public notice and a

26  reasonable opportunity for public comment, and transmit the

27  proposed growth management portion of the state comprehensive

28  plan to the Legislature, together with any amendments approved

29  by the commission and any dissenting reports.  The commission

30  shall identify those portions of the plan that are not based

31  on existing law.

                                  46
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         (c)  The growth management portion of the state

 2  comprehensive plan, and all amendments, revisions, or updates

 3  to the plan, shall have legal effect only upon adoption by the

 4  Legislature as general law.  The Legislature shall indicate,

 5  in adopting the growth management portion of the state

 6  comprehensive plan, which plans, activities, and permits must

 7  be consistent with the growth management portion of the state

 8  comprehensive plan.

 9         (d)  The Executive Office of the Governor shall

10  evaluate and the Governor shall propose any necessary

11  revisions to the adopted growth management portion of the

12  state comprehensive plan in conjunction with the process for

13  evaluating and proposing revisions to the state comprehensive

14  plan.

15         Section 21.  Subsection (2) of section 186.507, Florida

16  Statutes, is amended to read:

17         186.507  Strategic regional policy plans.--

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

19  adopt by rule minimum criteria to be addressed in each

20  strategic regional policy plan and a uniform format for each

21  plan.  Such criteria must emphasize the requirement that each

22  regional planning council, when preparing and adopting a

23  strategic regional policy plan, must focus on regional rather

24  than local resources and facilities.

25         Section 22.  Section 186.508, Florida Statutes, is

26  amended to read:

27         186.508  Strategic regional policy plan adoption;

28  consistency with state comprehensive plan.--

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

30  Executive Office of the Governor its proposed strategic

31  regional policy plan on a schedule established adopted by rule

                                  47
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  by the Executive Office of the Governor to coordinate

 2  implementation of the strategic regional policy plans with the

 3  evaluation and appraisal reports required by s. 163.3191.  The

 4  Executive Office of the Governor, or its designee, shall

 5  review the proposed strategic regional policy plan to ensure

 6  for consistency with the adopted state comprehensive plan and

 7  shall, within 60 days, provide any recommended revisions.

 8  return the proposed strategic regional policy plan to the

 9  council, together with any revisions recommended by the

10  Governor. The Governor's recommended revisions shall be

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

12  herein shall preclude a regional planning council from

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

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

15  adopting the strategic regional policy plan shall not be

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

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

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

19  substantially affected persons, including the Executive Office

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

21  planning councils within 90 days after receipt of the

22  revisions recommended by the Executive Office of the Governor,

23  and shall become effective upon filing with the Department of

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

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

26  regional planning council challenges a portion of the

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

28  applicable portion of that local government's comprehensive

29  plan shall not be required to be consistent with the

30  challenged portion of the regional policy plan until 12 months

31  after the challenge has been resolved by an administrative law

                                  48
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  judge.

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

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

 4         Section 23.  Section 186.511, Florida Statutes, is

 5  amended to read:

 6         186.511  Evaluation of strategic regional policy plan;

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

 8  continuous and ongoing process.  Each regional planning

 9  council shall prepare an evaluation and appraisal report on

10  its strategic regional policy plan at least once every 5

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

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

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

14  needed.  Each regional planning council shall involve the

15  appropriate local health councils in its region if the

16  regional planning council elects to address regional health

17  issues.  The evaluation and appraisal report shall be prepared

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

19  the Executive Office of the Governor. The schedule shall

20  facilitate and be coordinated with, to the maximum extent

21  feasible, the evaluation and revision of local comprehensive

22  plans pursuant to s. 163.3191 for the local governments within

23  each comprehensive planning district.

24         Section 24.  Section 255.60, Florida Statutes, is

25  created to read:

26         255.60  Lease of state property for wireless

27  facilities.--

28         (1)  Notwithstanding any other provision of law to the

29  contrary, every department, board, agency, or commission of

30  the state which owns or manages buildings or antenna

31  structures shall encourage the placement of commercial mobile

                                  49
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  radio service facilities on those structures.

 2         (2)  Within 90 days after a written request from a

 3  commercial mobile radio service provider, a department, board,

 4  agency, or commission of the state shall provide an inventory

 5  of all buildings and antenna structures over 40 feet in height

 6  that it owns or manages in the geographical area specified in

 7  the request.

 8         (3)  If a commercial mobile radio service provider is

 9  interested in attaching its wireless facilities to a structure

10  owned by the state, the provider must submit a letter of

11  interest to the agency managing the structure, together with

12  an application fee of $250.  The letter must describe in

13  reasonable detail the provider's requirements for placing its

14  facilities on the structure.  Within 45 days after receipt of

15  the letter, the state agency must notify the provider of the

16  site's availability and, if available, allow the provider to

17  perform onsite testing.  All state-owned structures are hereby

18  declared available unless the proposed facilities would

19  adversely impact the safety of the public or law enforcement,

20  the historic or environmental character of the site, the

21  intended use or security of the structure, the structural

22  integrity of the structure, the security of any state

23  correctional institution as defined in s. 944.02, including

24  facilities operated by private entities with which the

25  Department of Corrections enters into contracts pursuant to s.

26  944.105, or the department's expressed desire to locate its

27  own communications facilities on the structure.

28         (4)  If a commercial radio service provider desires to

29  locate its facilities on an available state structure, the

30  state agency managing the structure shall enter into a lease

31  with the provider without competitive bidding or procurement.

                                  50
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  The terms of the lease shall follow the terms of a model lease

 2  which the Department of Management Services must establish

 3  within 120 days after the effective date of this act.  The

 4  model lease shall include, but not be limited to, the

 5  following provisions:

 6         (a)  Rent shall be based on fair market value of

 7  comparable communication facilities in the state.

 8         (b)  The provider shall be entitled to make reasonable

 9  modifications to the structure to allow their use, including

10  the replacement of an existing pole or tower with a new

11  structure of not more than 125 percent of the original height,

12  provided that the notification requirements of 14CFR Part 77

13  and the airspace requirements of ss. 333.025 and 333.03(1) are

14  met.

15         (c)  The provider shall be allowed reasonable space in,

16  on, or near the structure to connect and house any accessory

17  equipment.

18         (d)  The provider shall design all antenna attachments

19  and shelters to minimize any aesthetic impact.

20         (e)  The provider's use shall not interfere with any

21  current or future use of the site by the state.

22         (f)  The duration of the lease shall be 5 years and

23  shall grant the provider options to renew for three additional

24  5-year terms.

25         (5)  Fifty percent of the first $5 million in revenues

26  annually derived from the lease of state property under this

27  section shall be credited to the agency that manages the

28  property and the remaining 50 percent of such $5 million shall

29  be credited to the School Improvement and Academic Achievement

30  Trust Fund.  Any of such annual revenues in excess of $5

31  million shall be credited to the agency.  If the tower is

                                  51
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  owned by or is under the control of the Department of

 2  Management Services, all funds shall be placed in the State

 3  Agency Law Enforcement Radio System Trust Fund.

 4         (6)  If any department, board, agency, or commission of

 5  the state offers any building and antenna structure that it

 6  owns or manages for the placement of commercial mobile radio

 7  services facilities through a fair and open competitive

 8  procurement process, subsections (2), (3), and (4) shall not

 9  apply if such bid or request for proposal is published within

10  90 days after a written request pursuant to subsection (2) or

11  within 90 days after the effective date of this act.

12         Section 25.  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

                                  52
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 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:

                                  53
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 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  163.3184(15) to ensure full public participation in this

                                  54
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  planning process.

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

 3  government may waive the requirement that the military base

 4  reuse plan be adopted within 60 days after receipt and

 5  consideration of all comments and the second public hearing.

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

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

 8  the receipt and consideration of all comments and the second

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

10  whichever is later.

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

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

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

14  local government must exercise this waiver no later than 180

15  days after the 60th day following the receipt and

16  consideration of all comments and the second public hearing,

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

18  later.

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

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

21  period is deemed an exercise of the waiver pursuant to

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

23  government.

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

25  party or parties and the host local government shall seek

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

27  shall be resolved as follows:

28         (a)  The petitioning parties and host local government

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

30  affected parties that submitted comments on the proposed

31  military base reuse plan may be given the opportunity to

                                  55
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  formally participate in decisions and agreements made in these

 2  and subsequent proceedings by mutual consent of the

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

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

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

 6  within 45 days, the petitioning parties and host local

 7  government may extend such dispute resolution for up to 45

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

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

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

11  multiple petitions, the mediation shall be consolidated into a

12  single proceeding. The state land planning agency shall have

13  45 days to hold informal hearings, if necessary, identify the

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

15  provide recommended solutions to the parties. If the parties

16  fail to implement the recommended solutions within 45 days,

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

18  Administration Commission for final action. The report to the

19  Administration Commission shall list each issue in dispute,

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

21  recommended solutions provided to the parties, and make

22  recommendations for actions the Administration Commission

23  should take to resolve the disputed issues.

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

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

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

27  land planning agency and the host local government. The

28  selected party shall comply with the responsibilities placed

29  upon the state land planning agency in this section.

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

31  state land planning agency, the Administration Commission

                                  56
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

 2  deciding upon a proper resolution, the Administration

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

 4  any requests for a formal administrative hearing pursuant to

 5  chapter 120, the compliance of the parties with this section,

 6  the extent of the conflict between the parties, the

 7  comparative hardships and the public interest involved. If the

 8  Administration Commission incorporates in its final order a

 9  term or condition that requires any local government to amend

10  its local government comprehensive plan, the local government

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

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

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

14  163.3187(2), and a public hearing on such amendment or

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

16  required. The final order of the Administration Commission is

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

18  Administration Commission is appealed, the time for the local

19  government to amend its plan shall be tolled during the

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

21  judicial proceeding relating to the military base reuse plan.

22         Section 26.  Section 288.980, Florida Statutes, is

23  amended to read:

24         288.980  Military base closure, retention, realignment,

25  or defense-related readjustment and diversification;

26  legislative intent; grants program.--

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

28  necessary means to assist communities with military

29  installations that would be adversely affected by federal base

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

31  encourage communities to establish local or regional community

                                  57
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  base realignment or closure commissions to initiate a

 2  coordinated program of response and plan of action in advance

 3  of future actions of the federal Base Realignment and Closure

 4  Commission. It is critical that closure-vulnerable communities

 5  develop such a program to preserve affected military

 6  installations. The Legislature, therefore, declares that

 7  providing such assistance to support the defense-related

 8  initiatives within this section is a public purpose for which

 9  public money may be used.

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

11  Development is authorized to award grants from any funds

12  available to it to support activities specifically

13  appropriated for this purpose to applicants' eligible

14  projects. Eligible projects shall be limited to:

15         1.  Activities related to the retention of military

16  installations potentially affected by federal base closure or

17  realignment.

18         2.  Activities related to preventing the potential

19  realignment or closure of a military installation officially

20  identified by the Federal Government for potential realignment

21  or closure.

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

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

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

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

26  awarded.

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

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

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

30  applicant:

31         1.  Represent a local government community with a

                                  58
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  military installation or military installations that could be

 2  adversely affected by federal base realignment or closure.

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

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

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

 6  grant is being sought.

 7         3.  Prepare a coordinated program or plan of action

 8  delineating how the eligible project will be administered and

 9  accomplished.

10         4.  Provide documentation describing the potential for

11  realignment or closure of a military installation located in

12  the applicant's community and the adverse impacts such

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

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

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

16         1.  The relative value of the particular military

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

18  economy relative to other military installations vulnerable to

19  closure.

20         2.  The potential job displacement within the local

21  community should the military installation be closed.

22         3.  The potential adverse impact on industries and

23  technologies which service the military installation.

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

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

26  realignment commission created by one or more counties, to

27  oversee the potential or actual realignment or closure of a

28  military installation within the jurisdiction of such local

29  government.

30         (3)  The Florida Economic Reinvestment Initiative is

31  established to respond to the need for this state and

                                  59
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  defense-dependent communities in this state to develop

 2  alternative economic diversification strategies to lessen

 3  reliance on national defense dollars in the wake of base

 4  closures and reduced federal defense expenditures and the need

 5  to formulate specific base reuse plans and identify any

 6  specific infrastructure needed to facilitate reuse. The

 7  initiative shall consist of the following three distinct grant

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

 9  and Economic Development Department of Commerce:

10         (a)  The Florida Defense Planning Grant Program,

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

12  which the state is dependent on defense dollars and defense

13  infrastructure and prepare alternative economic development

14  strategies.  The state shall work in conjunction with

15  defense-dependent communities in developing strategies and

16  approaches that will help communities make the transition from

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

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

19  competitive basis.

20         (b)  The Florida Defense Implementation Grant Program,

21  through which funds shall be made available to

22  defense-dependent communities to implement the diversification

23  strategies developed pursuant to paragraph (a). Eligible

24  applicants include defense-dependent counties and cities, and

25  local economic development councils located within such

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

27  applicant and shall be available on a competitive basis.

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

29         (c)  The Florida Military Installation Reuse Planning

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

31  to help counties, cities, and local economic development

                                  60
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  councils develop and implement plans for the reuse of closed

 2  or realigned military installations, including any necessary

 3  infrastructure improvements needed to facilitate reuse and

 4  related marketing activities.  Grant awards are limited to not

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

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

 7  one-to-one basis.

 8

 9  Applications for grants under this subsection must include a

10  coordinated program of work or plan of action delineating how

11  the eligible project will be administered and accomplished,

12  which must include a plan for ensuring close cooperation

13  between civilian and military authorities in the conduct of

14  the funded activities and a plan for public involvement.

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

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

17  Trade, and Economic Development  Secretary of Commerce shall

18  coordinate the development of the Defense-Related Business

19  Adjustment Program.  Funds shall be available to assist

20  defense-related companies in the creation of increased

21  commercial technology development through investments in

22  technology.  Such technology must have a direct impact on

23  critical state needs for the purpose of generating

24  investment-grade technologies and encouraging the partnership

25  of the private sector and government defense-related business

26  adjustment.  The following areas shall receive precedence in

27  consideration for funding commercial technology development:

28  law enforcement or corrections, environmental protection,

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

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

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

                                  61
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         (b)  The office department shall require that an

 2  applicant:

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

 4  adversely affected by federal base realignment or closure or

 5  reduced defense expenditures.

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

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

 8  match shall be directly related to activities for which the

 9  funds are being sought.

10         3.  Prepare a coordinated program or plan delineating

11  how the funds will be administered.

12         4.  Provide documentation describing how

13  defense-related realignment or closure will adversely impact

14  defense-related companies.

15         (5)  The director Secretary of Commerce may award

16  nonfederal matching funds specifically appropriated for

17  construction, maintenance, and analysis of a Florida defense

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

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

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

21  assist workers in relocating to other areas within this state

22  where similar or related employment is available.

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

24  Development shall establish guidelines to implement and carry

25  out the purpose and intent of this section.

26         Section 27.  Paragraph (d) is added to subsection (5)

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

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

29         380.06  Developments of regional impact.--

30         (5)  AUTHORIZATION TO DEVELOP.--

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

                                  62
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

 2  development of regional impact if the development has been

 3  approved under the requirements of this section.

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

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

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

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

 8  proposed project is undergoing or will be required to undergo

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

10  undergoing or will be required to undergo

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

12  permit necessary for the construction or operation of the

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

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

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

16  administrative appeal of the development or upon final action

17  following an administrative appeal or judicial review,

18  whichever is later. However, if the application for

19  development approval is not filed within 18 months after the

20  issuance of the permit, the time of validity of the permit

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

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

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

24  necessary for the construction or operation of the project

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

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

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

28  that the project is not required to undergo

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

30  obtains a development order pursuant to this section.

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

                                  63
    8:21 AM   04/30/98                              s2474c1c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

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

 3  development order is issued.  The rules adopted pursuant to

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

 5  order is issued shall be applicable to all applications for

 6  permits pursuant to those chapters and which are necessary for

 7  and consistent with the development authorized in such

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

 9  applicable to an application if:

10         1.  The later adopted rule is determined by the

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

12  safety, or welfare;

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

14  403.061(27);

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

16  a subsequently enacted statutorily mandated program;

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

18  state to maintain delegation of a federal program; or

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

20  federal law.

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

22  developments approved pursuant to this section is permissible

23  but is not required.

24

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

26  pursuant to this provision, the application must be filed

27  within 5 years from the issuance of the final development

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

29  years from the issuance of the final development order.

30  Nothing in this paragraph shall be construed to alter or

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

                                  64
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  to determine applicable criteria for longer periods of time.

 2         (12)  REGIONAL REPORTS.--

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

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

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

 6  including the local government, shall prepare and submit to

 7  the local government a report and recommendations on the

 8  regional impact of the proposed development.  In preparing its

 9  report and recommendations, the regional planning agency shall

10  identify regional issues based upon the following review

11  criteria and make recommendations to the local government on

12  these regional issues, specifically considering whether, and

13  the extent to which:

14         1.  The development will have a favorable or

15  unfavorable impact on state or regional resources or

16  facilities identified in the applicable state or regional

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

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

19  development plan. For the purposes of this subsection,

20  "applicable regional plan" means an adopted comprehensive

21  regional policy plan until the adoption of a strategic

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

23  means an adopted strategic regional policy plan.

24         2.  The development will significantly impact adjacent

25  jurisdictions. At the request of the appropriate local

26  government, regional planning agencies may also review and

27  comment upon issues that affect only the requesting local

28  government.

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

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

31  adversely affect the ability of people to find adequate

                                  65
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  housing reasonably accessible to their places of employment.

 2  The determination should take into account information on

 3  factors that are relevant to the availability of reasonably

 4  accessible adequate housing.  Adequate housing means housing

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

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

 7  other appropriate agencies shall review the proposed

 8  development and shall prepare reports and recommendations on

 9  issues that are clearly within the jurisdiction of those

10  agencies. Such agency reports shall become part of the

11  regional planning agency report; however, the regional

12  planning agency may attach dissenting views. When water

13  management district and Department of Environmental Protection

14  permits have been issued pursuant to chapter 373 or chapter

15  403, the regional planning council may comment on the regional

16  implications of the permits but may not offer conflicting

17  recommendations.

18         (c)  The regional planning agency shall afford the

19  developer or any substantially affected party reasonable

20  opportunity to present evidence to the regional planning

21  agency head relating to the proposed regional agency report

22  and recommendations.

23         (14)  CRITERIA OUTSIDE AREAS OF CRITICAL STATE

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

25  critical state concern, in considering whether the development

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

27  restrictions, or limitations, the local government shall

28  consider whether, and the extent to which:

29         (a)  The development unreasonably interferes with the

30  achievement of the objectives of an adopted state land

31  development plan applicable to the area;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

 2  comprehensive plan and local land development regulations;

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

 4  and recommendations of the regional planning agency submitted

 5  pursuant to subsection (12); and

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

 7  Comprehensive Plan. In consistency determinations the plan

 8  shall be construed and applied in accordance with s.

 9  187.101(3).

10         Section 28.  Paragraph (a) of subsection (3) of section

11  380.061, Florida Statutes, is amended to read:

12         380.061  The Florida Quality Developments program.--

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

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

15  requirements which is applicable to the site of a qualified

16  development:

17         1.  Have donated or entered into a binding commitment

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

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

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

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

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

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

24  otherwise permitted under this subparagraph. Under the

25  requirements of this subparagraph, the developer may reserve

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

27  recreation that is consistent with the purposes for which the

28  land was preserved.

29         a.  Those wetlands and water bodies throughout the

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

31  373.4145(1)(b) were applied. The developer may use such areas

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

 2  access are unavailable or impracticable; may use such areas

 3  for the purpose of stormwater or domestic sewage management

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

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

 6  wetlands and water bodies within the jurisdiction of the

 7  Department of Environmental Protection which have been

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

 9  as to produce a more naturally functioning system.

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

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

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

13  developer may retain the right to construct and maintain

14  elevated walkways over the dunes to provide access to the

15  beach.

16         c.  Known archaeological sites determined to be of

17  significance by the Division of Historical Resources of the

18  Department of State.

19         d.  Areas known to be important to animal species

20  designated as endangered or threatened animal species by the

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

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

23  nesting; for traveling between such areas used for

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

25  predation.

26         e.  Areas known to contain plant species designated as

27  endangered plant species by the Department of Agriculture and

28  Consumer Services.

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

30  hazardous or toxic substances by the United States

31  Environmental Protection Agency or by the Department of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  Environmental Protection or the Department of Agriculture and

 2  Consumer Services. This subparagraph is not intended to apply

 3  to the production of these substances in nonsignificant

 4  amounts as would occur through household use or incidental use

 5  by businesses.

 6         3.  Participate in a downtown reuse or redevelopment

 7  program to improve and rehabilitate a declining downtown area.

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

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

10  aquatic preserves, or Outstanding Florida Waters, except as

11  activities in those waters are permitted pursuant to s.

12  403.813(2) and the developer demonstrates that those

13  activities meet the standards under Class II waters,

14  Outstanding Florida Waters, or aquatic preserves, as

15  applicable.

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

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

18  impermeable surfaces as appropriate to the location and type

19  of project.

20         6.  Provide for construction and maintenance of all

21  onsite infrastructure necessary to support the project and

22  enter into a binding commitment with local government to

23  provide an appropriate fair-share contribution toward the

24  offsite impacts which the development will impose on publicly

25  funded facilities and services, except offsite transportation,

26  and condition or phase the commencement of development to

27  ensure that public facilities and services, except offsite

28  transportation, will be available concurrent with the impacts

29  of the development. For the purposes of offsite transportation

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

31  standards of the state land planning agency's

                                  69
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





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

 2  approved strategic regional policy plan, any applicable

 3  regional planning council transportation rule, and the

 4  approved local government comprehensive plan and land

 5  development regulations adopted pursuant to part II of chapter

 6  163.

 7         7.  Design and construct the development in a manner

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

 9  development plan, the applicable strategic regional policy

10  plan, and the applicable adopted local government

11  comprehensive plan.

12         Section 29.  Subsection (3) of section 380.065, Florida

13  Statutes, is amended to read:

14         380.065  Certification of local government review of

15  development.--

16         (3)  Development orders issued pursuant to this section

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

18  certified local government's findings of fact and conclusions

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

20  appeal of a development order issued by a certified local

21  government under this section shall be limited to:

22         (a)  Inconsistency with the local government's

23  comprehensive plan or land use regulations.

24         (b)  Inconsistency with the state land development plan

25  and the state comprehensive plan.

26         (c)  Inconsistency with any regional standard or policy

27  identified in an adopted strategic regional policy plan for

28  use in reviewing a development of regional impact.

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

30  standards established in the capital improvements plan

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

                                  70
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  the proposed development, or that development orders and

 2  permits are conditioned on the availability of the public

 3  facilities necessary to serve the proposed development.  Such

 4  development orders and permit conditions shall not allow a

 5  reduction in the level of service for affected regional public

 6  facilities below the level of services provided in the adopted

 7  strategic regional policy plan.

 8         Section 30.  Paragraph (d) is added to subsection (3)

 9  of section 380.23, Florida Statutes, to read:

10         380.23  Federal consistency.--

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

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

13  such activities and uses are conducted in accordance with the

14  state's coastal management program:

15         (d)  Federal activities within the territorial limits

16  of neighboring states when the governor and the department

17  determine that significant individual or cumulative impact to

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

19  activities.

20         Section 31.  Transportation and Land Use Study

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

22  of Transportation shall evaluate the statutory provisions

23  relating to land use and transportation coordination and

24  planning issues, including community design, required in part

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

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

27  associated with the statutes. The evaluation must include an

28  evaluation of the roles of local government, regional planning

29  councils, state agencies, regional transportation authorities,

30  and metropolitan planning organizations in addressing these

31  subject areas. Special emphasis must be given in this

                                  71
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  evaluation to concurrency on the highway system, levels of

 2  service methodologies, and land use impact assessments used to

 3  project transportation needs. The evaluation must be conducted

 4  in consultation with a technical committee of at least 15

 5  members to be known as the Transportation and Land Use Study

 6  Committee, appointed jointly by the secretary of the state

 7  land planning agency and the Secretary of Transportation. The

 8  membership must be representative of local governments,

 9  regional planning councils, the private sector, metropolitan

10  planning organizations, regional transportation authorities,

11  and citizen and environmental organizations. By January 15,

12  1999, the committee shall send an evaluation report to the

13  Governor, the President of the Senate, and the Speaker of the

14  House of Representatives to provide recommendations for

15  appropriate changes to the transportation planning

16  requirements in chapter 163, Florida Statutes, and other

17  statutes, as appropriate.

18         Section 32.  Subsection (7) of section 380.0555, and

19  paragraph (a) of subsection (14) of section 380.06, Florida

20  Statutes, are repealed.

21         Section 33.  Subsection (17) of section 380.031,

22  Florida Statutes, is amended to read:

23         380.031  Definitions.--As used in this chapter:

24         (17)  "State land development plan" means a

25  comprehensive statewide plan or any portion thereof setting

26  forth state land development policies.  Such plan shall not

27  have any legal effect until enacted by general law or the

28  Legislature confers express rulemaking authority on the state

29  land planning agency to adopt such plan by rule for specific

30  application.

31         Section 34.  Severability.--If any provision of this

                                  72
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  act or the application thereof to any person, government

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

 3  intent that the invalidity shall not affect other provisions

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

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

 6  provisions of this act are severable.

 7         Section 35.  The Department of Community Affairs, the

 8  Department of Environmental Protection, Miami-Dade County, and

 9  the municipalities of Key Biscayne and Miami must jointly

10  conduct discussions, pursuant to section 163.3171(3) and (4),

11  Florida Statutes, for the purpose of establishing agreements

12  concerning land use, economic development, emergency

13  management, and environmental protection for a planning area

14  defined as eastward of the toll plaza at the entrance of the

15  area known as "Key Biscayne." The departments, the county, and

16  the municipalities must, after such discussions, enter into

17  agreements by December 1, 1998 that provide for and ensure

18  orderly development of the planning area. They shall also

19  report to the Legislature by February 1, 1999, on the

20  agreement and implementation thereof. In the event that no

21  agreement is executed, the report to the Legislature shall

22  include all items that at least three of the five governmental

23  entities agreed upon and list the entities that agreed to each

24  item.

25         Section 36.  Except as otherwise provided in this act,

26  this act shall take effect upon becoming a law.

27

28

29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         Delete everything before the enacting clause

                                  73
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  and insert:

 2                      A bill to be entitled

 3         An act relating to growth management, land use

 4         planning, and school concurrency; amending s.

 5         20.18, F.S.; renaming the Division of Resource

 6         Planning and Management; amending s. 163.3164,

 7         F.S.; defining the term "optional sector plan";

 8         amending s. 163.3171, F.S.; inserting a

 9         cross-reference; amending s. 163.3177, F.S.;

10         requiring that the future land use element of a

11         local government's comprehensive plan include

12         certain criteria relating to location of

13         schools; specifying the date by which such

14         plans must comply and providing effect of

15         noncompliance; providing requirements with

16         respect to the data and analyses on which a

17         public school facilities element to implement a

18         school concurrency program should be based;

19         providing for goals, objectives, and policies;

20         providing for future conditions maps; amending

21         s. 163.3180, F.S.; modifying de minimis

22         standards for transportation concurrency;

23         revising requirements for imposition of a

24         school concurrency requirement by a local

25         government and for the local government

26         comprehensive plan or plan amendment to

27         implement such requirement; requiring a public

28         schools facilities element; providing

29         requirements for level of service standards;

30         providing requirements for designation of

31         service areas; providing requirements with

                                  74
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         respect to financial feasibility; specifying an

 2         availability standard; requiring that

 3         intergovernmental coordination requirements be

 4         satisfied and providing that certain

 5         municipalities are not required to be a

 6         signatory of the required interlocal agreement;

 7         providing duties of such municipalities to

 8         evaluate their status and enter into the

 9         interlocal agreement when required, and

10         providing effect of failure to do so; providing

11         requirements with respect to the interlocal

12         agreement; directing the state land planning

13         agency to adopt by rule minimum criteria for

14         review and determination of compliance of a

15         public schools facilities element; amending s.

16         163.3184, F.S.; inserting cross-references;

17         requiring the department to maintain specified

18         documents dealing with amendments to local

19         comprehensive plans; amending s. 163.3187,

20         F.S.; prohibiting local governments from

21         amending comprehensive plans until after

22         adoption of an evaluation and appraisal report;

23         amending s. 163.3191, F.S.; revising the

24         requirements for evaluation and appraisal

25         reports; providing for contents; providing that

26         the local planning agency's periodic report on

27         the comprehensive plan shall assess the

28         coordination of the plan with public schools;

29         amending s. 235.185, F.S.; directing school

30         boards to adopt annually 10-year and 20-year

31         work programs in addition to the required

                                  75
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         5-year district facilities work program;

 2         amending s. 235.19, F.S.; providing a directive

 3         to school boards with respect to school

 4         location; amending s. 235.193, F.S.; providing

 5         requirements for the 5-year district facilities

 6         work program with respect to enrollment and

 7         population projections; precluding the siting

 8         of new schools in certain jurisdictions;

 9         providing for implementation of an alternative

10         public schools concurrency system by counties

11         subject to a final order by the Administration

12         Commission; creating s. 163.3245, F.S.;

13         authorizing the adoption of optional sector

14         plans under certain circumstances; providing

15         for agreements with the Department of Community

16         Affairs; amending s. 171.044, F.S.; requiring a

17         municipality to notify the county of voluntary

18         annexation ordinances; amending ss. 186.507,

19         186.508, 186.511, F.S.; revising

20         responsibilities of the Executive Office of the

21         Governor relating to strategic regional policy

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

23         186.009, F.S.; deleting references to the state

24         land development plan; creating a committee to

25         be appointed by the Governor to review the

26         state comprehensive plan; revising a

27         definition; deleting obsolete language;

28         revising review responsibilities of the

29         Executive Office of the Governor; creating s.

30         255.60, F.S.; providing for placement of

31         commercial mobile radio service facilities on

                                  76
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         certain state structures; providing procedures;

 2         providing requirements; providing criteria for

 3         a model lease; providing for distribution of

 4         revenues from certain leases; providing

 5         exceptions; amending s. 288.975, F.S.;

 6         redefining the term "regional policy plan";

 7         revising criteria for military base reuse

 8         plans; amending s. 288.980, F.S.; providing

 9         revised standards for military base retention;

10         providing conditions for the award of grants by

11         the Office of Tourism, Trade, and Economic

12         Development; amending s. 380.06, F.S.; deleting

13         reference to the state land development plan;

14         adding day care facilities as an issue in the

15         development-of-regional-impact review process;

16         amending s. 380.061, F.S.; deleting a

17         consistency requirement for certain Florida

18         Quality Developments; amending s. 380.065,

19         F.S.; deleting a reference to the state land

20         development plan; amending s. 380.23, F.S.;

21         adding an element to federal consistency

22         review; creating the Transportation and Land

23         Use Study Committee; requiring the committee to

24         report to the Governor and the Legislature;

25         amending s. 380.031, F.S.; revising a

26         definition; repealing s. 380.0555(7), F.S.,

27         which provides for a resource planning and

28         management committee for the Apalachicola Bay

29         Area; providing for severability; providing

30         effective dates.

31

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    8:21 AM   04/30/98                              s2474c1c-23m0b