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  Senator Meadows moved the following amendment to House

12  amendment:

13

14         Senate Amendment (with title amendment) 

15         On page 5, line 7, through

16            page 14, line 11, delete those lines

17

18  and insert:

19         Section 2.  Subsections (1) and (5) of section

20  163.3180, Florida Statutes, are amended, and subsections (12)

21  and (13) are added to said section, to read:

22         163.3180  Concurrency.--

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

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

25  applicable, are the only public facilities and services

26  subject to the concurrency requirement on a statewide basis.

27  Additional public facilities and services may not be made

28  subject to concurrency on a statewide basis without

29  appropriate study and approval by the Legislature; however,

30  any local government may extend the concurrency requirement so

31  that it applies to additional public facilities within its

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  jurisdiction.

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

 3  concurrency requirement to public schools, it should first

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

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

 6  provide an opportunity for full participation in this study by

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

 8  technical assistance to local governments that study and

 9  prepare for extension of the concurrency requirement to public

10  schools. When establishing concurrency requirements for public

11  schools, a local government shall comply with the following

12  criteria for any proposed plan or plan amendment transmitted

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

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

15  with the agreement of the school board.  Public school

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

17  capital improvements element in the local government

18  comprehensive plan, which shall contain a financially feasible

19  public school capital facilities program established in

20  conjunction with the school board that will provide

21  educational facilities at an adequate level of service

22  necessary to implement the adopted local government

23  comprehensive plan.

24         2.  Satisfy the requirement for intergovernmental

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

26         (5)(a)  The Legislature finds that under limited

27  circumstances dealing with transportation facilities,

28  countervailing planning and public policy goals may come into

29  conflict with the requirement that adequate public facilities

30  and services be available concurrent with the impacts of such

31  development.  The Legislature further finds that often the

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  unintended result of the concurrency requirement for

 2  transportation facilities is the discouragement of urban

 3  infill development and redevelopment.  Such unintended results

 4  directly conflict with the goals and policies of the state

 5  comprehensive plan and the intent of this part.  Therefore,

 6  exceptions from the concurrency requirement for transportation

 7  facilities may be granted as provided by this subsection.

 8         (b)  A local government may grant an exception from the

 9  concurrency requirement for transportation facilities if the

10  proposed development is otherwise consistent with the adopted

11  local government comprehensive plan and is a project that

12  promotes public transportation or is located within an area

13  designated in the comprehensive plan for:

14         1.  Urban infill development,

15         2.  Urban redevelopment, or

16         3.  Downtown revitalization, or.

17         4.  Urban infill and redevelopment under s. 163.2517.

18         (c)  The Legislature also finds that developments

19  located within urban infill, urban redevelopment, existing

20  urban service, or downtown revitalization areas or areas

21  designated as urban infill and redevelopment areas under s.

22  163.2517 which pose only special part-time demands on the

23  transportation system should be excepted from the concurrency

24  requirement for transportation facilities.  A special

25  part-time demand is one that does not have more than 200

26  scheduled events during any calendar year and does not affect

27  the 100 highest traffic volume hours.

28         (d)  A local government shall establish guidelines for

29  granting the exceptions authorized in paragraphs (b) and (c)

30  in the comprehensive plan. These guidelines must include

31  consideration of the impacts on the Florida Intrastate Highway

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  System, as defined in s. 338.001.  The exceptions may be

 2  available only within the specific geographic area of the

 3  jurisdiction designated in the plan.  Pursuant to s. 163.3184,

 4  any affected person may challenge a plan amendment

 5  establishing these guidelines and the areas within which an

 6  exception could be granted.

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

 8  shall be established on a districtwide basis and shall include

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

10  district, whether located in a municipality or an

11  unincorporated area. The application of school concurrency to

12  development shall be based upon the adopted comprehensive

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

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

15  to the state land planning agency the necessary plan

16  amendments, along with the interlocal agreement, for a

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

18  concurrency shall not become effective in a county until all

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

20  adopted the necessary plan amendments, which together with the

21  interlocal agreement, are determined to be in compliance with

22  the requirements of this part.  The minimum requirements for

23  school concurrency are the following:

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

25  government shall adopt and transmit to the state land planning

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

27  facilities element which is consistent with the requirements

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

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

30  school facilities plan elements within a county must be

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

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  part.

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

 3  recognizes that an essential requirement for a concurrency

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

 5  facility is expected to operate.

 6         1.  Local governments and school boards imposing school

 7  concurrency shall exercise authority in conjunction with each

 8  other to establish jointly adequate level of service

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

10  Code, necessary to implement the adopted local government

11  comprehensive plan, based on data and analysis.

12         2.  Public school level of service standards shall be

13  included and adopted into the capital improvements element of

14  the local comprehensive plan and shall apply districtwide to

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

16  elementary, middle, and high schools as well as

17  special-purpose facilities such as magnet schools.

18         3.  Local governments and school boards shall have the

19  option to utilize tiered level of service standards to allow

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

21  circumstances warrant.

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

23  essential requirement for a concurrency system is a

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

25  be measured when an application for a residential development

26  permit is reviewed for school concurrency purposes. This

27  delineation is also important for purposes of determining

28  whether the local government has a financially feasible public

29  school capital facilities program that will provide schools

30  which will achieve and maintain the adopted level of service

31  standards.

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         1.  In order to balance competing interests, preserve

 2  the constitutional concept of uniformity, and avoid disruption

 3  of existing educational and growth management processes, local

 4  governments are encouraged to apply school concurrency to

 5  development on a districtwide basis so that a concurrency

 6  determination for a specific development will be based upon

 7  the availability of school capacity districtwide.

 8         2.  For local governments applying school concurrency

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

10  attendance zones or larger school concurrency service areas,

11  local governments and school boards shall have the burden to

12  demonstrate that the utilization of school capacity is

13  maximized to the greatest extent possible in the comprehensive

14  plan and amendment, taking into account transportation costs

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

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

17  the service area boundaries selected by local governments and

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

19  standards for establishing those boundaries, shall be

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

21  plan.  Any subsequent change to the service area boundaries

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

23  amendment and shall be exempt from the limitation on the

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

25         3.  Where school capacity is available on a

26  districtwide basis but school concurrency is applied on a less

27  than districtwide basis in the form of concurrency service

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

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

30  a development permit and if the needed capacity for the

31  particular service area is available in one or more contiguous

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                                                  SENATE AMENDMENT

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

    Amendment No.    





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

 2  development order shall be issued and mitigation measures

 3  shall not be exacted.

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

 5  that financial feasibility is an important issue because the

 6  premise of concurrency is that the public facilities will be

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

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

 9  Administrative Code, contain specific standards to determine

10  the financial feasibility of capital programs. These standards

11  were adopted to make concurrency more predictable and local

12  governments more accountable.

13         1.  A comprehensive plan amendment seeking to impose

14  school concurrency shall contain appropriate amendments to the

15  capital improvements element of the comprehensive plan,

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

17  9J-5.016, Florida Administrative Code. The capital

18  improvements element shall set forth a financially feasible

19  public school capital facilities program, established in

20  conjunction with the school board, that demonstrates that the

21  adopted level of service standards will be achieved and

22  maintained.

23         2.  Such amendments shall demonstrate that the public

24  school capital facilities program meets all of the financial

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

26  Administrative Code, that apply to capital programs which

27  provide the basis for mandatory concurrency on other public

28  facilities and services.

29         3.  When the financial feasibility of a public school

30  capital facilities program is evaluated by the state land

31  planning agency for purposes of a compliance determination,

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  the evaluation shall be based upon the service areas selected

 2  by the local governments and school board.

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

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

 5  authorizing residential development for failure to achieve and

 6  maintain the level of service standard for public school

 7  capacity in a local option school concurrency system where

 8  adequate school facilities will be in place or under actual

 9  construction within 3 years after permit issuance.

10         (f)  Intergovernmental coordination.--

11         1.  When establishing concurrency requirements for

12  public schools, a local government shall satisfy the

13  requirements for intergovernmental coordination set forth in

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

15  required to be a signatory to the interlocal agreement

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

17  imposition of school concurrency, and as a nonsignatory shall

18  not participate in the adopted local school concurrency

19  system, if the municipality meets all of the following

20  criteria for having no significant impact on school

21  attendance:

22         a.  The municipality has issued development orders for

23  fewer than 50 residential dwelling units during the preceding

24  5 years, or the municipality has generated fewer than 25

25  additional public school students during the preceding 5

26  years.

27         b.  The municipality has not annexed new land during

28  the preceding 5 years in land use categories which permit

29  residential uses that will affect school attendance rates.

30         c.  The municipality has no public schools located

31  within its boundaries.

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                                                  SENATE AMENDMENT

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

    Amendment No.    





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

 2  the boundaries of the municipality has been built upon.

 3         2.  A municipality which qualifies as having no

 4  significant impact on school attendance pursuant to the

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

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

 7  163.3191 whether it continues to meet the criteria.  If the

 8  municipality determines that it no longer meets the criteria,

 9  it must adopt appropriate school concurrency goals,

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

11  evaluation and appraisal report, and enter into the existing

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

13  to fully participate in the school concurrency system.  If

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

15  enforcement provisions of s. 163.3191.

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

17  establishing concurrency requirements for public schools, a

18  local government must enter into an interlocal agreement which

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

20  the requirements of this subsection.  The interlocal agreement

21  shall acknowledge both the school board's constitutional and

22  statutory obligations to provide a uniform system of free

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

24  authority of local governments, including their authority to

25  approve or deny comprehensive plan amendments and development

26  orders.  The interlocal agreement shall be submitted to the

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

28  of the compliance review, along with the other necessary

29  amendments to the comprehensive plan required by this part.

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

31  interlocal agreement shall meet the following requirements:

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         1.  Establish the mechanisms for coordinating the

 2  development, adoption, and amendment of each local

 3  government's public school facilities element with each other

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

 5  districtwide school concurrency system.

 6         2.  Establish a process by which each local government

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

 8  consistent projections of the amount, type, and distribution

 9  of population growth and coordinate and share information

10  relating to existing and planned public school facilities

11  projections and proposals for development and redevelopment,

12  and infrastructure required to support public school

13  facilities.

14         3.  Establish a process for the development of siting

15  criteria which encourages the location of public schools

16  proximate to urban residential areas to the extent possible

17  and seeks to collocate schools with other public facilities

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

19  possible.

20         4.  Specify uniform, districtwide level of service

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

22  for modifying the adopted levels of service standards.

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

24  and joint approval by each local government and the school

25  board of a public school capital facilities program which is

26  financially feasible, and a process and schedule for

27  incorporation of the public school capital facilities program

28  into the local government comprehensive plans on an annual

29  basis.

30         6.  Define the geographic application of school

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

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  than districtwide basis in the form of concurrency service

 2  areas, the agreement shall establish criteria and standards

 3  for the establishment and modification of school concurrency

 4  service areas.  The agreement shall also establish a process

 5  and schedule for the mandatory incorporation of the school

 6  concurrency service areas and the criteria and standards for

 7  establishment of the service areas into the local government

 8  comprehensive plans.  The agreement shall ensure maximum

 9  utilization of school capacity, taking into account

10  transportation costs and court-approved desegregation plans,

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

12  achievement and maintenance of the adopted level of service

13  standards for the geographic area of application throughout

14  the 5 years covered by the public school capital facilities

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

16  annual update.

17         7.  Establish a uniform districtwide procedure for

18  implementing school concurrency which provides for:

19         a.  The evaluation of development applications for

20  compliance with school concurrency requirements;

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

22  comment on the effect of comprehensive plan amendments and

23  rezonings on the public school facilities plan; and

24         c.  The monitoring and evaluation of the school

25  concurrency system.

26         8.  Include provisions relating to termination,

27  suspension, and amendment of the agreement.  The agreement

28  shall provide that if the agreement is terminated or

29  suspended, the application of school concurrency shall be

30  terminated or suspended.

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

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                                                  SENATE AMENDMENT

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

    Amendment No.    





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

 2  determination of compliance of a public school facilities

 3  element adopted by a local government for purposes of

 4  imposition of school concurrency.

 5         Section 3.  Sections 163.2511, 163.2514, 163.2517,

 6  163.2520, 163.2523, and 163.2526, Florida Statutes, are

 7  created to read:

 8         163.2511  Urban infill and redevelopment.--

 9         (1)  Sections 163.2511-163.2526 may be cited as the

10  "Urban Infill and Redevelopment Act."

11         (2)  It is found and declared that:

12         (a)  Fiscally strong urban centers are beneficial to

13  regional and state economies and resources, are a method for

14  reduction of future urban sprawl, and should be promoted by

15  state, regional, and local governments.

16         (b)  The health and vibrancy of the urban cores benefit

17  their respective regions and the state.  Conversely, the

18  deterioration of those urban cores negatively impacts the

19  surrounding area and the state.

20         (c)  In recognition of the interwoven destiny between

21  the urban center, the suburbs, the region, and the state, the

22  respective governments need to establish a framework and work

23  in partnership with communities and the private sector to

24  revitalize urban centers.

25         (d)  State urban policies should guide the state,

26  regional agencies, local governments, and the private sector

27  in preserving and redeveloping existing urban centers and

28  promoting the adequate provision of infrastructure, human

29  services, safe neighborhoods, educational facilities, and

30  economic development to sustain these centers into the future.

31         (e)  Successfully revitalizing and sustaining the urban

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  centers is dependent on addressing, through an integrated and

 2  coordinated community effort, a range of varied components

 3  essential to a healthy urban environment, including cultural,

 4  educational, recreational, economic, transportation, and

 5  social service components.

 6         (f)  Infill development and redevelopment are

 7  recognized as one of the important components and useful

 8  mechanisms to promote and sustain urban centers. State and

 9  regional entities and local governments should provide

10  incentives to promote urban infill and redevelopment. Existing

11  programs and incentives should be integrated to the extent

12  possible to promote urban infill and redevelopment and to

13  achieve the goals of the state urban policy.

14         163.2514  Definitions.--As used in ss.

15  163.2511-163.2526:

16         (1)  "Local government" means any county or

17  municipality.

18         (2)  "Urban infill and redevelopment area" means an

19  area or areas designated by a local government for the

20  development of vacant, abandoned, or significantly

21  underutilized parcels located where:

22         (a)  Public services such as water and wastewater,

23  transportation, schools, and recreation are already available

24  or are scheduled to be provided in an adopted 5-year schedule

25  of capital improvements and are located within the existing

26  urban service area as defined in the local government's

27  comprehensive plan;

28         (b)  The area contains not more than 10 percent

29  developable vacant land;

30         (c)  The residential density is at least five dwelling

31  units per acre and the average nonresidential intensity is at

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  least a floor area ratio of 1.00; and

 2         (d)  The land area designated as an urban infill and

 3  redevelopment area does not exceed 2 percent of the land area

 4  of the local government jurisdiction or a total area of 3

 5  square miles, whichever is greater.

 6         163.2517  Designation of urban infill and redevelopment

 7  area.--

 8         (1)  A local government may designate a geographic area

 9  or areas within its jurisdiction as an urban infill and

10  redevelopment area for the purpose of targeting economic, job

11  creation, housing, transportation, and land-use incentives to

12  encourage urban infill and redevelopment within the urban

13  core.

14         (2)  A local government seeking to designate a

15  geographic area within its jurisdiction as an urban infill and

16  redevelopment area shall first prepare a plan that describes

17  the infill and redevelopment objectives of the local

18  government within the proposed area. In lieu of preparing a

19  new plan, the local government may demonstrate that an

20  existing plan or combination of plans associated with a

21  community development area, Florida Main Street program,

22  sustainable community, enterprise zone, or neighborhood

23  improvement district includes the factors listed in paragraphs

24  (a)-(j), or amend such existing plans to include the factors

25  listed in paragraphs (a)-(j). The plan shall demonstrate the

26  local government and community's commitment to comprehensively

27  addressing the urban problems within the urban infill and

28  redevelopment area and identify activities and programs to

29  accomplish locally identified goals such as code enforcement;

30  improved educational opportunities; reduction in crime;

31  provision of infrastructure needs, including mass transit and

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  multimodal linkages; and mixed-use planning to promote

 2  multifunctional redevelopment to improve both the residential

 3  and commercial quality of life in the area. The plan shall

 4  also:

 5         (a)  Contain a map depicting the geographic area or

 6  areas to be included within the designation.

 7         (b)  Identify the relationship between the proposed

 8  area and the existing urban service area defined in the local

 9  government's comprehensive plan.

10         (c)  Identify existing enterprise zones, community

11  redevelopment areas, community development corporations,

12  brownfield areas, downtown redevelopment districts, safe

13  neighborhood improvement districts, historic preservation

14  districts, and empowerment zones located within the area

15  proposed for designation as an urban infill and redevelopment

16  area and provide a framework for coordinating infill and

17  redevelopment programs within the urban core.

18         (d)  Identify a memorandum of understanding between the

19  district school board and the local government jurisdiction

20  regarding public school facilities located within the urban

21  infill and redevelopment area to identify how the school board

22  will provide priority to enhancing public school facilities

23  and programs in the designated area, including the reuse of

24  existing buildings for schools within the area.

25         (e)  Identify how the local government intends to

26  implement affordable housing programs, including, but not

27  limited to, the State Housing Initiatives Partnership Program,

28  and economic and community development programs administered

29  by the Department of Community Affairs, within the urban

30  infill and redevelopment area.

31         (f)  If applicable, provide guidelines for the adoption

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  of land development regulations specific to the urban infill

 2  and redevelopment area which include, for example, setbacks

 3  and parking requirements appropriate to urban development.

 4         (g)  Identify any existing transportation concurrency

 5  exception areas, and any relevant public transportation

 6  corridors designated by a metropolitan planning organization

 7  in its long-range transportation plans or by the local

 8  government in its comprehensive plan for which the local

 9  government seeks designation as a transportation concurrency

10  exception area.

11         (h)  Identify and adopt a package of financial and

12  local government incentives which the local government will

13  offer for new development, expansion of existing development,

14  and redevelopment within the urban infill and redevelopment

15  area. Examples of such incentives include:

16         1.  Waiver of license and permit fees.

17         2.  Waiver of local option sales taxes.

18         3.  Waiver of delinquent taxes or fees to promote the

19  return of property to productive use.

20         4.  Expedited permitting.

21         5.  Prioritization of infrastructure spending within

22  the urban infill and redevelopment area.

23         6.  Local government absorption of developers'

24  concurrency costs.

25         (i)  Identify how activities and incentives within the

26  urban infill and redevelopment area will be coordinated and

27  what administrative mechanism the local government will use

28  for the coordination.

29         (j)  Identify performance measures to evaluate the

30  success of the local government in implementing the urban

31  infill and redevelopment plan.

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         (3)  After the preparation of an urban infill and

 2  redevelopment plan or designation of an existing plan and

 3  before the adoption hearing required for comprehensive plan

 4  amendments, the local government must conduct a public hearing

 5  in the area targeted for designation as an urban infill and

 6  redevelopment area to provide an opportunity for public input

 7  on the size of the area; the objectives for urban infill and

 8  redevelopment; coordination with existing redevelopment

 9  programs; goals for improving transit and transportation; the

10  objectives for economic development; job creation; crime

11  reduction; and neighborhood preservation and revitalization.

12  The purpose of the public hearing is to encourage communities

13  within the proposed urban infill and redevelopment area to

14  participate in the design and implementation of the plan,

15  including a "visioning" of the community core, before

16  redevelopment. Notice for the public hearing must be in the

17  form established in s. 166.041(3)(c)2., for municipalities,

18  and s. 125.66(4)(b)2. for counties.

19         (4)  In order for a local government to designate an

20  urban infill and redevelopment area, it must amend its

21  comprehensive land use plan under s. 163.3187 to adopt the

22  urban infill and redevelopment area plan and delineate the

23  urban infill and redevelopment area within the future land use

24  element of its comprehensive plan. If the local government

25  elects to employ an existing or amended community

26  redevelopment, Florida Main Street program, sustainable

27  community, enterprise zone, or neighborhood improvement

28  district plan or plans in lieu of preparation of an urban

29  infill and redevelopment plan, the local government must amend

30  its comprehensive land use plan under s. 163.3187 to delineate

31  the urban infill and redevelopment area within the future land

                                  17
    3:20 PM   04/29/98                              s2474c1c-30c6r




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  use element of its comprehensive plan. An amendment to the

 2  local comprehensive plan to designate an urban infill and

 3  redevelopment area is exempt from the twice-a-year amendment

 4  limitation of s. 163.3187.

 5         163.2520  Economic incentives; report.--

 6         (1)  A local government with an adopted urban infill

 7  and redevelopment plan or plan employed in lieu thereof may

 8  exercise the powers granted under s. 163.514 for community

 9  redevelopment neighborhood improvement districts, including

10  the authority to levy special assessments.

11         (2)  State agencies that provide infrastructure

12  funding, cost reimbursement, grants, or loans to local

13  governments, including, but not limited to, the Department of

14  Environmental Protection (Clean Water State Revolving Fund,

15  Drinking Water State Revolving Fund, and the State of Florida

16  Pollution Control Bond Program); the Department of Community

17  Affairs (State Housing Initiatives Partnership, Florida

18  Communities Trust); and the Department of Transportation

19  (Intermodal Transportation Efficiency Act funds), are directed

20  to report to the President of the Senate and the Speaker of

21  the House of Representatives by January 1, 1999, regarding

22  statutory and rule changes necessary to give urban infill and

23  redevelopment areas identified by local governments under this

24  act an elevated priority in infrastructure funding, loan, and

25  grant programs.

26         163.2523  Grant program.--

27         (1)  An Urban Infill and Redevelopment Assistance Grant

28  Program is created for local governments with adopted urban

29  infill and redevelopment areas. Ninety percent of the general

30  revenue appropriated for this program shall be available for

31  fifty/fifty matching grants for planning and implementing

                                  18
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  urban infill and redevelopment projects that further the

 2  objectives set forth in the local government's adopted urban

 3  infill and redevelopment plan or plan employed in lieu

 4  thereof. The remaining 10 percent of the revenue must be used

 5  for outright grants for projects requiring under $50,000.

 6  Projects that provide employment opportunities to clients of

 7  the WAGES program and projects within urban infill and

 8  redevelopment areas that include a community redevelopment

 9  area, Florida Main Street Program, sustainable community,

10  enterprise zone, or neighborhood improvement district must be

11  given an elevated priority in the scoring of competing grant

12  applications. The Division of Housing and Community

13  Development of the Department of Community Affairs shall

14  administer the grant program. The Department of Community

15  Affairs shall adopt rules establishing grant review criteria

16  consistent with this section.

17         (2)  If the local government fails to implement the

18  urban infill and redevelopment plan, the Department of

19  Community Affairs may seek to rescind the economic and

20  regulatory incentives granted to an urban infill and

21  redevelopment area, subject to the provisions of chapter 120.

22  The action to rescind may be initiated 90 days after issuing a

23  written letter of warning to the local government.

24         163.2526  Review and evaluation.--Before the 2003

25  Regular Session of the Legislature, the Office of Program

26  Policy Analysis and Government Accountability shall perform a

27  review and evaluation of ss. 163.2511-163.2526, including the

28  financial incentives listed in s. 163.2520. The report must

29  evaluate the effectiveness of the designation of urban infill

30  and redevelopment areas in stimulating urban infill and

31  redevelopment and strengthening the urban core. A report of

                                  19
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  the findings and recommendations of the Office of Program

 2  Policy Analysis and Government Accountability shall be

 3  submitted to the President of the Senate and the Speaker of

 4  the House of Representatives before the 2003 Regular Session

 5  of the Legislature.

 6         Section 4.  Subsection (1) of section 163.3187, Florida

 7  Statutes, is amended to read:

 8         163.3187  Amendment of adopted comprehensive plan.--

 9         (1)  Amendments to comprehensive plans adopted pursuant

10  to this part may be made not more than two times during any

11  calendar year, except:

12         (a)  In the case of an emergency, comprehensive plan

13  amendments may be made more often than twice during the

14  calendar year if the additional plan amendment receives the

15  approval of all of the members of the governing body.

16  "Emergency" means any occurrence or threat thereof whether

17  accidental or natural, caused by humankind, in war or peace,

18  which results or may result in substantial injury or harm to

19  the population or substantial damage to or loss of property or

20  public funds.

21         (b)  Any local government comprehensive plan amendments

22  directly related to a proposed development of regional impact,

23  including changes which have been determined to be substantial

24  deviations and including Florida Quality Developments pursuant

25  to s. 380.061, may be initiated by a local planning agency and

26  considered by the local governing body at the same time as the

27  application for development approval using the procedures

28  provided for local plan amendment in this section and

29  applicable local ordinances, without regard to statutory or

30  local ordinance limits on the frequency of consideration of

31  amendments to the local comprehensive plan.  Nothing in this

                                  20
    3:20 PM   04/29/98                              s2474c1c-30c6r




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  subsection shall be deemed to require favorable consideration

 2  of a plan amendment solely because it is related to a

 3  development of regional impact.

 4         (c)  Any local government comprehensive plan amendments

 5  directly related to proposed small scale development

 6  activities may be approved without regard to statutory limits

 7  on the frequency of consideration of amendments to the local

 8  comprehensive plan.  A small scale development amendment may

 9  be adopted only under the following conditions:

10         1.  The proposed amendment involves a use of 10 acres

11  or fewer and:

12         a.  The cumulative annual effect of the acreage for all

13  small scale development amendments adopted by the local

14  government shall not exceed:

15         (I)  A maximum of 120 acres in a local government that

16  contains areas specifically designated in the local

17  comprehensive plan for urban infill, urban redevelopment, or

18  downtown revitalization as defined in s. 163.3164, urban

19  infill and redevelopment areas designated under s. 163.2517,

20  transportation concurrency exception areas approved pursuant

21  to s. 163.3180(5), or regional activity centers and urban

22  central business districts approved pursuant to s.

23  380.06(2)(e); however, amendments under this paragraph may be

24  applied to no more than 60 acres annually of property outside

25  the designated areas listed in this sub-sub-subparagraph.

26         (II)  A maximum of 80 acres in a local government that

27  does not contain any of the designated areas set forth in

28  sub-sub-subparagraph (I).

29         (III)  A maximum of 120 acres in a county established

30  pursuant to s. 9, Art. VIII of the State Constitution.

31         b.  The proposed amendment does not involve the same

                                  21
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  property granted a change within the prior 12 months.

 2         c.  The proposed amendment does not involve the same

 3  owner's property within 200 feet of property granted a change

 4  within the prior 12 months.

 5         d.  The proposed amendment does not involve a text

 6  change to the goals, policies, and objectives of the local

 7  government's comprehensive plan, but only proposes a land use

 8  change to the future land use map for a site-specific small

 9  scale development activity.

10         e.  The property that is the subject of the proposed

11  amendment is not located within an area of critical state

12  concern.

13         f.  If the proposed amendment involves a residential

14  land use, the residential land use has a density of 10 units

15  or less per acre, except that this limitation does not apply

16  to small scale amendments described in sub-sub-subparagraph

17  a.(I) that are designated in the local comprehensive plan for

18  urban infill, urban redevelopment, or downtown revitalization

19  as defined in s. 163.3164, urban infill and redevelopment

20  areas designated under s. 163.2517, transportation concurrency

21  exception areas approved pursuant to s. 163.3180(5), or

22  regional activity centers and urban central business districts

23  approved pursuant to s. 380.06(2)(e).

24         2.a.  A local government that proposes to consider a

25  plan amendment pursuant to this paragraph is not required to

26  comply with the procedures and public notice requirements of

27  s. 163.3184(15)(c) for such plan amendments if the local

28  government complies with the provisions in s. 125.66(4)(a) for

29  a county or in s. 166.041(3)(c) for a municipality. If a

30  request for a plan amendment under this paragraph is initiated

31  by other than the local government, public notice is required.

                                  22
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         b.  The local government shall send copies of the

 2  notice and amendment to the state land planning agency, the

 3  regional planning council, and any other person or entity

 4  requesting a copy.  This information shall also include a

 5  statement identifying any property subject to the amendment

 6  that is located within a coastal high hazard area as

 7  identified in the local comprehensive plan.

 8         3.  Small scale development amendments adopted pursuant

 9  to this paragraph require only one public hearing before the

10  governing board, which shall be an adoption hearing as

11  described in s. 163.3184(7), and are not subject to the

12  requirements of s. 163.3184(3)-(6) unless the local government

13  elects to have them subject to those requirements.

14         (d)  Any comprehensive plan amendment required by a

15  compliance agreement pursuant to s. 163.3184(16) may be

16  approved without regard to statutory limits on the frequency

17  of adoption of amendments to the comprehensive plan.

18         (e)  A comprehensive plan amendment for location of a

19  state correctional facility. Such an amendment may be made at

20  any time and does not count toward the limitation on the

21  frequency of plan amendments.

22         (f)  Any comprehensive plan amendment that changes the

23  schedule in the capital improvements element, and any

24  amendments directly related to the schedule, may be made once

25  in a calendar year on a date different from the two times

26  provided in this subsection when necessary to coincide with

27  the adoption of the local government's budget and capital

28  improvements program.

29         (g)  A comprehensive plan amendment for the purpose of

30  designating an urban infill and redevelopment area under s.

31  163.2517 may be approved without regard to the statutory

                                  23
    3:20 PM   04/29/98                              s2474c1c-30c6r




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  limits on the frequency of amendments to the comprehensive

 2  plan.

 3         Section 5.  Subsection (17) of section 187.201, Florida

 4  Statutes, is amended to read:

 5         187.201  State Comprehensive Plan adopted.--The

 6  Legislature hereby adopts as the State Comprehensive Plan the

 7  following specific goals and policies:

 8         (17)  URBAN REDEVELOPMENT AND DOWNTOWN

 9  REVITALIZATION.--

10         (a)  Goal.--In recognition of the importance of

11  Florida's vital urban centers and of the need to develop and

12  redevelop developing and redeveloping downtowns to the state's

13  ability to use existing infrastructure and to accommodate

14  growth in an orderly, efficient, and environmentally

15  acceptable manner, Florida shall encourage the centralization

16  of commercial, governmental, retail, residential, and cultural

17  activities within downtown areas.

18         (b)  Policies.--

19         1.  Provide incentives to encourage private sector

20  investment in the preservation and enhancement of downtown

21  areas.

22         2.  Assist local governments in the planning,

23  financing, and implementation of development efforts aimed at

24  revitalizing distressed downtown areas.

25         3.  Promote state programs and investments which

26  encourage redevelopment of downtown areas.

27         4.  Promote and encourage communities to engage in a

28  redesign step to include public participation of members of

29  the community in envisioning redevelopment goals and design of

30  the community core before redevelopment.

31         5.  Ensure that local governments have adequate

                                  24
    3:20 PM   04/29/98                              s2474c1c-30c6r




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  flexibility to determine and address their urban priorities

 2  within the state urban policy.

 3         6.  Enhance the linkages between land use, water use,

 4  and transportation planning in state, regional, and local

 5  plans for current and future designated urban areas.

 6         7.  Develop concurrency requirements for urban areas

 7  that promote redevelopment efforts where the requirements do

 8  not compromise public health and safety.

 9         8.  Promote processes for the state, general purpose

10  local governments, school boards, and local community colleges

11  to coordinate and cooperate regarding educational facilities

12  in urban areas, including planning functions, the development

13  of joint facilities, and the reuse of existing buildings.

14         9.  Encourage the development of mass transit systems

15  for urban centers, including multimodal transportation feeder

16  systems, as a priority of local, metropolitan, regional, and

17  state transportation planning.

18         10.  Locate appropriate public facilities within urban

19  centers to demonstrate public commitment to the centers and to

20  encourage private sector development.

21         11.  Integrate state programs that have been developed

22  to promote economic development and neighborhood

23  revitalization through incentives to promote the development

24  of designated urban infill areas.

25         12.  Promote infill development and redevelopment as an

26  important mechanism to revitalize and sustain urban centers.

27         Section 6.  Paragraph (b) of subsection (19) of section

28  380.06, Florida Statutes, is amended to read:

29         380.06  Developments of regional impact.--

30         (19)  SUBSTANTIAL DEVIATIONS.--

31         (b)  Any proposed change to a previously approved

                                  25
    3:20 PM   04/29/98                              s2474c1c-30c6r




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  development of regional impact or development order condition

 2  which, either individually or cumulatively with other changes,

 3  exceeds any of the following criteria shall constitute a

 4  substantial deviation and shall cause the development to be

 5  subject to further development-of-regional-impact review

 6  without the necessity for a finding of same by the local

 7  government:

 8         1.  An increase in the number of parking spaces at an

 9  attraction or recreational facility by 5 percent or 300

10  spaces, whichever is greater, or an increase in the number of

11  spectators that may be accommodated at such a facility by 5

12  percent or 1,000 spectators, whichever is greater.

13         2.  A new runway, a new terminal facility, a 25-percent

14  lengthening of an existing runway, or a 25-percent increase in

15  the number of gates of an existing terminal, but only if the

16  increase adds at least three additional gates.  However, if an

17  airport is located in two counties, a 10-percent lengthening

18  of an existing runway or a 20-percent increase in the number

19  of gates of an existing terminal is the applicable criteria.

20         3.  An increase in the number of hospital beds by 5

21  percent or 60 beds, whichever is greater.

22         4.  An increase in industrial development area by 5

23  percent or 32 acres, whichever is greater.

24         5.  An increase in the average annual acreage mined by

25  5 percent or 10 acres, whichever is greater, or an increase in

26  the average daily water consumption by a mining operation by 5

27  percent or 300,000 gallons, whichever is greater.  An increase

28  in the size of the mine by 5 percent or 750 acres, whichever

29  is less.

30         6.  An increase in land area for office development by

31  5 percent or 6 acres, whichever is greater, or an increase of

                                  26
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  gross floor area of office development by 5 percent or 60,000

 2  gross square feet, whichever is greater.

 3         7.  An increase in the storage capacity for chemical or

 4  petroleum storage facilities by 5 percent, 20,000 barrels, or

 5  7 million pounds, whichever is greater.

 6         8.  An increase of development at a waterport of wet

 7  storage for 20 watercraft, dry storage for 30 watercraft, or

 8  wet/dry storage for 60 watercraft in an area identified in the

 9  state marina siting plan as an appropriate site for additional

10  waterport development or a 5-percent increase in watercraft

11  storage capacity, whichever is greater.

12         9.  An increase in the number of dwelling units by 5

13  percent or 50 dwelling units, whichever is greater.

14         10.  An increase in commercial development by 6 acres

15  of land area or by 50,000 square feet of gross floor area, or

16  of parking spaces provided for customers for 300 cars or a

17  5-percent increase of any of these, whichever is greater.

18         11.  An increase in hotel or motel facility units by 5

19  percent or 75 units, whichever is greater.

20         12.  An increase in a recreational vehicle park area by

21  5 percent or 100 vehicle spaces, whichever is less.

22         13.  A decrease in the area set aside for open space of

23  5 percent or 20 acres, whichever is less.

24         14.  A proposed increase to an approved multiuse

25  development of regional impact where the sum of the increases

26  of each land use as a percentage of the applicable substantial

27  deviation criteria is equal to or exceeds 100 percent. The

28  percentage of any decrease in the amount of open space shall

29  be treated as an increase for purposes of determining when 100

30  percent has been reached or exceeded.

31         15.  A 15-percent increase in the number of external

                                  27
    3:20 PM   04/29/98                              s2474c1c-30c6r




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  vehicle trips generated by the development above that which

 2  was projected during the original

 3  development-of-regional-impact review.

 4         16.  Any change which would result in development of

 5  any area which was specifically set aside in the application

 6  for development approval or in the development order for

 7  preservation or special protection of endangered or threatened

 8  plants or animals designated as endangered, threatened, or

 9  species of special concern and their habitat, primary dunes,

10  or archaeological and historical sites designated as

11  significant by the Division of Historical Resources of the

12  Department of State.  The further refinement of such areas by

13  survey shall be considered under sub-subparagraph (e)5.b.

14

15  The substantial deviation numerical standards in subparagraphs

16  4., 6., 10., 14., excluding residential uses, and 15., are

17  increased by 100 percent for a project certified under s.

18  403.973 which creates jobs and meets criteria established by

19  the Office of Tourism, Trade, and Economic Development as to

20  its impact on an area's economy, employment, and prevailing

21  wage and skill levels. The substantial deviation numerical

22  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

23  increased by 50 percent for a project located wholly within an

24  urban infill and redevelopment area designated on the

25  applicable adopted local comprehensive plan future land use

26  map and not located within the coastal high hazard area.

27         Section 7.  Subsection (1) of section 163.375, Florida

28  Statutes, is amended to read:

29         163.375  Eminent domain.--

30         (1)  Any county or municipality, or any community

31  redevelopment agency pursuant to specific approval of the

                                  28
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  governing body of the county or municipality which established

 2  the agency, as provided by any county or municipal ordinance

 3  has the right to acquire by condemnation any interest in real

 4  property, including a fee simple title thereto, which it deems

 5  necessary for, or in connection with, community redevelopment

 6  and related activities under this part.  Any county or

 7  municipality, or any community redevelopment agency pursuant

 8  to specific approval by the governing body of the county or

 9  municipality which established the agency, as provided by any

10  county or municipal ordinance may exercise the power of

11  eminent domain in the manner provided in chapters 73 and 74

12  and acts amendatory thereof or supplementary thereto, or it

13  may exercise the power of eminent domain in the manner now or

14  which may be hereafter provided by any other statutory

15  provision for the exercise of the power of eminent domain.

16  Property in unincorporated enclaves surrounded by the

17  boundaries of a community redevelopment area may be acquired

18  when it is determined necessary by the agency to accomplish

19  the community redevelopment plan. Property already devoted to

20  a public use may be acquired in like manner.  However, no real

21  property belonging to the United States, the state, or any

22  political subdivision of the state may be acquired without its

23  consent.

24         Section 8.  Section 171.0413, Florida Statutes, is

25  amended to read:

26         171.0413  Annexation procedures.--Any municipality may

27  annex contiguous, compact, unincorporated territory in the

28  following manner:

29         (1)  An ordinance proposing to annex an area of

30  contiguous, compact, unincorporated territory shall be adopted

31  by the governing body of the annexing municipality pursuant to

                                  29
    3:20 PM   04/29/98                              s2474c1c-30c6r




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  the procedure for the adoption of a nonemergency ordinance

 2  established by s. 166.041. Prior to the adoption of the

 3  ordinance of annexation, the local governing body shall hold

 4  at least two advertised public hearings on the proposed

 5  annexation. The first public hearing shall be on a weekday at

 6  least 7 days after the day that the first advertisement is

 7  published. The second public hearing shall be held on a

 8  weekday at least 5 days after the day that the second

 9  advertisement is published. The governing body of the annexing

10  municipality may choose to submit the ordinance of annexation

11  to a separate vote of the registered electors of the annexing

12  municipality. Each such ordinance shall propose only one

13  reasonably compact area to be annexed.  However, prior to the

14  ordinance of annexation becoming effective, a referendum on

15  annexation shall be held as set out below, and, if approved by

16  the referendum, the ordinance shall become effective 10 days

17  after the referendum or as otherwise provided in the

18  ordinance, but not more than 1 year following the date of the

19  referendum.

20         (2)  Following the final adoption of the ordinance of

21  annexation by the governing body of the annexing municipality,

22  the ordinance shall be submitted to a vote of the registered

23  electors of the area proposed to be annexed. If the proposed

24  ordinance would cause the total area annexed by a municipality

25  pursuant to this section during any one calendar year period

26  cumulatively to exceed more than 5 percent of the total land

27  area of the municipality or cumulatively to exceed more than 5

28  percent of the municipal population, the ordinance shall be

29  submitted to a separate vote of the registered electors of the

30  annexing municipality and of the area proposed to be annexed.

31  The referendum on annexation shall be called and conducted and

                                  30
    3:20 PM   04/29/98                              s2474c1c-30c6r




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  the expense thereof paid by the governing body of the annexing

 2  municipality.

 3         (a)  The referendum on annexation shall be held at the

 4  next regularly scheduled election following the final adoption

 5  of the ordinance of annexation by the governing body of the

 6  annexing municipality or at a special election called for the

 7  purpose of holding the referendum. However, the referendum,

 8  whether held at a regularly scheduled election or at a special

 9  election, shall not be held sooner than 30 days following the

10  final adoption of the ordinance by the governing body of the

11  annexing municipality.

12         (b)  The governing body of the annexing municipality

13  shall publish notice of the referendum on annexation at least

14  once each week for 2 consecutive weeks immediately preceding

15  the date of the referendum in a newspaper of general

16  circulation in the area in which the referendum is to be held.

17  The notice shall give the ordinance number, the time and

18  places for the referendum, and a brief, general description of

19  the area proposed to be annexed.  The description shall

20  include a map clearly showing the area and a statement that

21  the complete legal description by metes and bounds and the

22  ordinance can be obtained from the office of the city clerk.

23         (c)  On the day of the referendum on annexation there

24  shall be prominently displayed at each polling place a copy of

25  the ordinance of annexation and a description of the property

26  proposed to be annexed.  The description shall be by metes and

27  bounds and shall include a map clearly showing such area.

28         (d)  Ballots or mechanical voting devices used in the

29  referendum on annexation shall offer the choice "For

30  annexation of property described in ordinance number .... of

31  the City of ...." and "Against annexation of property

                                  31
    3:20 PM   04/29/98                              s2474c1c-30c6r




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  described in ordinance number .... of the City of ...." in

 2  that order.

 3         (e)  If the referendum is held only in the area

 4  proposed to be annexed and receives a majority vote, or if the

 5  ordinance is submitted to a separate vote of the registered

 6  electors of the annexing municipality and the area proposed to

 7  be annexed and there is a separate majority vote for

 8  annexation in the annexing municipality and in the area

 9  proposed to be annexed, the ordinance of annexation shall

10  become effective on the effective date specified therein. If

11  there is a any majority vote against annexation, the ordinance

12  shall not become effective, and the area proposed to be

13  annexed shall not be the subject of an annexation ordinance by

14  the annexing municipality for a period of 2 years from the

15  date of the referendum on annexation.

16         (3)  Any parcel of land which is owned by one

17  individual, corporation, or legal entity, or owned

18  collectively by one or more individuals, corporations, or

19  legal entities, proposed to be annexed under the provisions of

20  this act shall not be severed, separated, divided, or

21  partitioned by the provisions of said ordinance, but shall, if

22  intended to be annexed, or if annexed, under the provisions of

23  this act, be annexed in its entirety and as a whole.  However,

24  nothing herein contained shall be construed as affecting the

25  validity or enforceability of any ordinance declaring an

26  intention to annex land under the existing law that has been

27  enacted by a municipality prior to July 1, 1975. The owner of

28  such property may waive the requirements of this subsection if

29  such owner does not desire all of the tract or parcel included

30  in said annexation.

31         (4)  Except as otherwise provided in this law, the

                                  32
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  annexation procedure as set forth in this section shall

 2  constitute a uniform method for the adoption of an ordinance

 3  of annexation by the governing body of any municipality in

 4  this state, and all existing provisions of special laws which

 5  establish municipal annexation procedures are repealed hereby;

 6  except that any provision or provisions of special law or laws

 7  which prohibit annexation of territory that is separated from

 8  the annexing municipality by a body of water or watercourse

 9  shall not be repealed.

10         (5)  If more than 70 percent of the land in an area

11  proposed to be annexed is owned by individuals, corporations,

12  or legal entities which are not registered electors of such

13  area, such area shall not be annexed unless the owners of more

14  than 50 percent of the land in such area consent to such

15  annexation.  Such consent shall be obtained by the parties

16  proposing the annexation prior to the referendum to be held on

17  the annexation.

18         (6)  Notwithstanding subsections (1) and (2), if the

19  area proposed to be annexed does not have any registered

20  electors on the date the ordinance is finally adopted, a vote

21  of electors of the area proposed to be annexed is not

22  required. In addition to the requirements of subsection (5),

23  the area may not be annexed unless the owners of more than 50

24  percent of the parcels of land in the area proposed to be

25  annexed consent to the annexation. If a referendum of the

26  annexing municipality is not required as well pursuant to

27  subsection (2), then The property owner consents required

28  pursuant to subsection (5) shall be obtained by the parties

29  proposing the annexation prior to the final adoption of the

30  ordinance, and the annexation ordinance shall be effective

31  upon becoming a law or as otherwise provided in the ordinance.

                                  33
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         Section 9.  Efficiency and accountability in local

 2  government services.--

 3         (1)  The intent of this section is to provide and

 4  encourage a process that will:

 5         (a)  Allow municipalities and counties to resolve

 6  conflicts among local jurisdictions regarding the delivery and

 7  financing of local services.

 8         (b)  Increase local government efficiency and

 9  accountability.

10         (c)  Provide greater flexibility in the use of local

11  revenue sources for local governments involved in the process.

12         (2)  Any county or combination of counties, and the

13  municipalities therein, may use the procedures provided by

14  this section to develop and adopt a plan to improve the

15  efficiency, accountability, and coordination of the delivery

16  of local government services. The development of such a plan

17  may be initiated by a resolution adopted by a majority vote of

18  the governing body of each of the counties involved, by

19  resolutions adopted by a majority vote of the governing bodies

20  of a majority of the municipalities within each county, or by

21  resolutions adopted by a majority vote of the governing bodies

22  of the municipality or combination of municipalities

23  representing a majority of the municipal population of each

24  county. The resolution shall specify the representatives of

25  the county and municipal governments, of any affected special

26  districts, and of any relevant local government agencies who

27  will be responsible for developing the plan. The resolution

28  shall include a proposed timetable for development of the plan

29  and shall specify the local government support and personnel

30  services which will be made available to the representatives

31  developing the plan.

                                  34
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         (3)  Upon adoption of a resolution or resolutions as

 2  provided in subsection (2), the designated representatives

 3  shall develop a plan for delivery of local government

 4  services. The plan shall:

 5         (a)  Designate the areawide and local government

 6  services which are the subject of the plan.

 7         (b)  Describe the existing organization of such

 8  services and the means of financing the services, and create a

 9  reorganization of such services and the financing thereof that

10  will meet the goals of this section.

11         (c)  Designate the local agency that should be

12  responsible for the delivery of each service.

13         (d)  Designate those services that should be delivered

14  regionally or countywide. No provision of the plan shall

15  operate to restrict the power of a municipality to finance and

16  deliver services in addition to, or at a higher level than,

17  the services designated for regional or countywide delivery

18  under this paragraph.

19         (e)  Provide means to reduce the cost of providing

20  local services and enhance the accountability of service

21  providers.

22         (f)  Include a multiyear capital outlay plan for

23  infrastructure.

24         (g)  Specifically describe any expansion of municipal

25  boundaries that would further the goals of this section. Any

26  area proposed to be annexed must meet the standards for

27  annexation provided in chapter 171, Florida Statutes. The plan

28  shall not contain any provision for contraction of municipal

29  boundaries or elimination of any municipality.

30         (h)  Provide specific procedures for modification or

31  termination of the plan.

                                  35
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         (i)  Specify the effective date of the plan.

 2         (4)(a)  A plan developed pursuant to this section must

 3  conform to all comprehensive plans that have been found to be

 4  in compliance under part II of chapter 163, Florida Statutes,

 5  for the local governments participating in the plan.

 6         (b)  No provision of a plan developed pursuant to this

 7  section shall restrict the authority of any state or regional

 8  governmental agency to perform any duty required to be

 9  performed by that agency by law.

10         (5)(a)  A plan developed pursuant to this section must

11  be approved by a majority vote of the governing body of each

12  county involved in the plan, and by a majority vote of the

13  governing bodies of a majority of municipalities in each

14  county, and by a majority vote of the governing bodies of the

15  municipality or municipalities that represent a majority of

16  the municipal population of each county.

17         (b)  After approval by the county and municipal

18  governing bodies as required by paragraph (a), the plan shall

19  be submitted for referendum approval in a countywide election

20  in each county involved. The plan shall not take effect unless

21  approved by a majority of the electors of each county who vote

22  in the referendum, and also by a majority of the electors of

23  the municipalities that represent a majority of the municipal

24  population of each county who vote in the referendum. If

25  approved by the electors as required by this paragraph, the

26  plan shall take effect on the date specified in the plan.

27         (6)  If a plan developed pursuant to this section

28  includes areas proposed for municipal annexation that meet the

29  standards for annexation provided in chapter 171, Florida

30  Statutes, such annexation shall take effect upon approval of

31  the plan as provided in this section, notwithstanding the

                                  36
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  procedures for approval of municipal annexation specified in

 2  chapter 171, Florida Statutes.

 3         Section 10.  Section 166.251, Florida Statutes, is

 4  amended to read:

 5         166.251  Service fee for dishonored check.--The

 6  governing body of a municipality may adopt a service fee not

 7  to exceed the service fees authorized under s. 832.08(5) of

 8  $20 or 5 percent of the face amount of the check, draft, or

 9  order, whichever is greater, for the collection of a

10  dishonored check, draft, or other order for the payment of

11  money to a municipal official or agency.  The service fee

12  shall be in addition to all other penalties imposed by law.

13  Proceeds from this fee, if imposed, shall be retained by the

14  collector of the fee.

15

16  (Redesignate subsequent sections.)

17

18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 19, line 13, through

22            page 20, page 1, delete those lines

23

24  and insert:

25         to implement such requirement; authorizing

26         exemptions from the transportation facilities

27         concurrency requirement for developments

28         located in an urban infill and redevelopment

29         area; requiring a public schools facilities

30         element; providing requirements for level of

31         service standards; providing requirements for

                                  37
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         designation of service areas; providing

 2         requirements with respect to financial

 3         feasibility; specifying an availability

 4         standard; requiring that intergovernmental

 5         coordination requirements be satisfied and

 6         providing that certain municipalities are not

 7         required to be a signatory of the required

 8         interlocal agreement; providing duties of such

 9         municipalities to evaluate their status and

10         enter into the interlocal agreement when

11         required, and providing effect of failure to do

12         so; providing requirements with respect to the

13         interlocal agreement; directing the state land

14         planning agency to adopt by rule minimum

15         criteria for review and determination of

16         compliance of a public schools facilities

17         element; creating ss. 163.2511, 163.2514,

18         163.2517, 163.2520, 163.2523, and 163.2526,

19         F.S., the Urban Infill and Redevelopment Act;

20         providing legislative findings; providing

21         definitions; authorizing counties and

22         municipalities to designate urban infill and

23         redevelopment areas based on specified

24         criteria; requiring preparation of a plan or

25         designation of an existing plan and providing

26         requirements with respect thereto; requiring a

27         public hearing; providing for amendment of the

28         local comprehensive plan; providing that

29         counties and municipalities that have adopted

30         such plan may exercise powers granted to

31         community redevelopment neighborhood

                                  38
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         improvement districts; requiring a report by

 2         certain state agencies; providing a program for

 3         grants to counties and municipalities with

 4         urban infill and redevelopment areas; providing

 5         for review and evaluation of the act and

 6         requiring a report; amending s. 163.3187, F.S.;

 7         providing that comprehensive plan amendments to

 8         designate such areas are not subject to

 9         statutory limits on the frequency of plan

10         amendments; including such areas within certain

11         limitations relating to small scale development

12         amendments; amending s. 187.201, F.S.;

13         including policies relating to urban policy in

14         the State Comprehensive Plan; amending s.

15         380.06, F.S., relating to developments of

16         regional impact; increasing certain numerical

17         standards for determining a substantial

18         deviation for projects located in certain urban

19         infill and redevelopment areas; amending s.

20         163.375, F.S.; authorizing acquisition by

21         eminent domain of property in unincorporated

22         enclaves surrounded by a community

23         redevelopment area when necessary to accomplish

24         a community development plan; amending s.

25         171.0413, F.S., relating to municipal

26         annexation procedures; deleting a requirement

27         that a separate referendum be held in the

28         annexing municipality when the annexation

29         exceeds a certain size; providing procedures by

30         which a county or combination of counties and

31         the municipalities therein may develop and

                                  39
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         adopt a plan to improve the efficiency,

 2         accountability, and coordination of the

 3         delivery of local government services;

 4         providing for initiation of the process by

 5         resolution; providing requirements for the

 6         plan; requiring approval by the local

 7         governments' governing bodies and by

 8         referendum; authorizing municipal annexation

 9         through such plan; amending s. 166.251, F.S.;

10         revising provisions with respect to service

11         fees for dishonored checks; amending s.

12

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