House Bill 4031e2

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                                      CS/HB 4031, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to the Department of Community

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

  4         Division of Resource Planning and Management;

  5         amending s. 163.3164, F.S.; defining the term

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

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

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

  9         for transportation concurrency; amending s.

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

11         requiring the department to maintain specified

12         documents dealing with amendments to local

13         comprehensive plans; amending s. 163.3187,

14         F.S.; prohibiting local governments from

15         amending comprehensive plans until after

16         adoption of an evaluation and appraisal report;

17         amending s. 163.3191, F.S.; revising the

18         requirements for evaluation and appraisal

19         reports; providing for contents; creating s.

20         163.3245, F.S.; authorizing the adoption of

21         optional sector plans under certain

22         circumstances; providing for agreements with

23         the Department of Community Affairs; amending

24         s. 170.201, F.S.; expanding a municipality's

25         special assessments exemption authority to

26         include community colleges; expanding exemption

27         authority to include additional assessments;

28         amending s. 171.044, F.S.; requiring a

29         municipality to notify the county of voluntary

30         annexation ordinances; amending s. 171.081,

31         F.S.; providing for reasonable costs and


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                                      CS/HB 4031, Second Engrossed



  1         attorney's fees; amending ss. 186.507, 186.508,

  2         186.511, F.S.; revising responsibilities of the

  3         Executive Office of the Governor relating to

  4         strategic regional policy plans; amending ss.

  5         186.003, 186.007, 186.008, 186.009, F.S.;

  6         deleting references to the state land

  7         development plan; creating a committee to be

  8         appointed by the Governor to review the state

  9         comprehensive plan; revising a definition;

10         deleting obsolete language; revising review

11         responsibilities of the Executive Office of the

12         Governor; creating s. 255.60, F.S.; providing

13         for placement of commercial mobile radio

14         service facilities on certain state structures;

15         providing procedures; providing requirements;

16         providing criteria for a model lease; providing

17         for distribution of revenues from certain

18         leases; providing exceptions; amending s.

19         288.975, F.S.; redefining the term "regional

20         policy plan"; revising criteria for military

21         base reuse plans; amending s. 288.980, F.S.;

22         providing revised standards for military base

23         retention; providing conditions for the award

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

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

26         deleting reference to the state land

27         development plan; adding day care facilities as

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

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

30         deleting a consistency requirement for certain

31         Florida Quality Developments; amending s.


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                                      CS/HB 4031, Second Engrossed



  1         380.065, F.S.; deleting a reference to the

  2         state land development plan; amending s.

  3         380.23, F.S.; adding an element to federal

  4         consistency review; creating the Transportation

  5         and Land Use Study Committee; requiring the

  6         committee to report to the Governor and the

  7         Legislature; amending s. 380.031, F.S.;

  8         revising a definition; repealing s.

  9         380.0555(7), F.S., which provides for a

10         resource planning and management committee for

11         the Apalachicola Bay Area; providing for

12         severability; creating s. 420.0007, F.S.;

13         exempting certain nonprofit corporations from

14         certain ad valorem taxation; providing for a

15         pilot project designed to develop a model

16         feasibility study for incorporation to be

17         completed and submitted to the Legislature by

18         February 1, 1999; providing a moratorium on

19         annexation of certain unincorporated areas;

20         providing for future repeal; providing

21         effective dates.

22

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

24

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

26  20.18, Florida Statutes, is amended to read:

27         20.18  Department of Community Affairs.--There is

28  created a Department of Community Affairs.

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

30  Affairs are established:

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                                      CS/HB 4031, Second Engrossed



  1         (c)  Division of Community Resource Planning and

  2  Management.

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

  4  163.3164, Florida Statutes, to read:

  5         163.3164  Definitions.--As used in this act:

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

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

  8  governments by agreement with the state land planning agency

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

10  within certain designated geographic areas identified in the

11  local comprehensive plan as a means of fostering innovative

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

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

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

15  requirements, protecting regionally significant resources and

16  facilities, and addressing extrajurisdictional impacts.

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

18  Statutes, is amended to read:

19         163.3171  Areas of authority under this act.--

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

21  government shall have the power to enter into agreements with

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

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

24  necessary or desirable to effectuate the provisions and

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

26  s. 163.3245.

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

28  Statutes, is amended to read:

29         163.3180  Concurrency.--

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

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


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                                      CS/HB 4031, Second Engrossed



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

  2  volume at the adopted level of service of the affected

  3  transportation facility as determined by the local government.

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

  5  volumes and the projected volumes from approved projects on a

  6  transportation facility it would exceed 110 percent of the

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

  8  sum of existing volumes and the projected volumes from

  9  approved projects on a transportation facility; provided

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

11  lot will constitute a de minimis impact on all roadways

12  regardless of the level of the deficiency of the roadway.

13  Local governments are encouraged to adopt methodologies to

14  encourage de minimis impacts on transportation facilities

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

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

17  standard of any affected designated hurricane evacuation

18  routes.

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

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

21  Statutes, are amended to read:

22         163.3184  Process for adoption of comprehensive plan or

23  plan amendment.--

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

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

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

27  163.3191, and 163.3245, with the state comprehensive plan,

28  with the appropriate strategic regional policy plan, and with

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

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

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                                      CS/HB 4031, Second Engrossed



  1  principles for guiding development in designated areas of

  2  critical state concern.

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

  4  amendment proposed to be adopted pursuant to this part shall

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

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

  7  responsibility for plan review, coordination, and the

  8  preparation and transmission of comments, pursuant to this

  9  section, to the local governing body responsible for the

10  comprehensive plan. The state land planning agency shall

11  maintain a single file concerning any proposed or adopted plan

12  amendment submitted by a local government for any review under

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

14  memoranda, and other documents received or generated by the

15  state land planning agency must be placed in the appropriate

16  file. Paper copies of all electronic mail correspondence must

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

18  available for public inspection and copying as provided in

19  chapter 119.

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

21  comprehensive plan amendment is requested or otherwise

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

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

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

25  amendment to various government agencies, as appropriate, for

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

27  department, the Department of Transportation, the water

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

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

30  agency.  These governmental agencies shall provide comments to

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


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                                      CS/HB 4031, Second Engrossed



  1  the proposed plan amendment.  The appropriate regional

  2  planning council shall also provide its written comments to

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

  4  the proposed plan amendment and shall specify any objections,

  5  recommendations for modifications, and comments of any other

  6  regional agencies to which the regional planning council may

  7  have referred the proposed plan amendment. Written comments

  8  submitted by the public within 30 days after notice of

  9  transmittal by the local government of the proposed plan

10  amendment will be considered as if submitted by governmental

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

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

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

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

15  proposed plan amendment upon request of a regional planning

16  council, affected person, or local government transmitting the

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

18  transmittal of the proposed plan amendment pursuant to

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

20  objections, recommendations, and comments regarding the

21  proposed plan amendment.  A regional planning council or

22  affected person requesting a review shall do so by submitting

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

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

25  notice.

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

27  proposed plan amendment regardless of whether a request for

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

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

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

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                                      CS/HB 4031, Second Engrossed



  1  transmittal of the proposed plan amendment pursuant to

  2  subsection (3).

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

  4  comments from the various government agencies, as well as

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

  6  have 30 days to review comments from the various government

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

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

  9  agency shall transmit in writing its comments to the local

10  government along with any objections and any recommendations

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

12  has implemented a permitting program, the state land planning

13  agency shall not require a local government to duplicate or

14  exceed that permitting program in its comprehensive plan or to

15  implement such a permitting program in its land development

16  regulations.  Nothing contained herein shall prohibit the

17  state land planning agency in conducting its review of local

18  plans or plan amendments from making objections,

19  recommendations, and comments or making compliance

20  determinations regarding densities and intensities consistent

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

22  the state land planning agency shall only base its

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

24  source.

25         (d)  The state land planning agency review shall

26  identify all written communications with the agency regarding

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

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

29  the local government all written communications received 30

30  days after transmittal. The written identification must

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


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                                      CS/HB 4031, Second Engrossed



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

  2  the documents to be identified and copies requested, if

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

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

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

  6  planning agency.

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

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

  9         163.3187  Amendment of adopted comprehensive plan.--

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

11  plan after the date established by the state land planning

12  agency rule for adoption submittal of its evaluation and

13  appraisal report unless it has submitted its report or

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

15  163.3191, except for plan amendments described in paragraph

16  (1)(b).:

17         (a)  Plan amendments to implement recommendations in

18  the report or addendum.

19         (b)  A local government may amend its comprehensive

20  plan after it has submitted its adopted evaluation and

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

22  determination of sufficiency regardless of whether the report

23  has been determined to be insufficient Plan amendments

24  described in paragraph (1)(b).

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

26  plan, except for plan amendments described in paragraph

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

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

29  been determined to be sufficient Plan amendments described in

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

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                                      CS/HB 4031, Second Engrossed



  1  agreements entered into before the date established for

  2  submittal of the report or addendum.

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

  4  that the report or addendum has sufficiently addressed all

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

  6  amend its comprehensive plan without the limitations imposed

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

  8  in addition to those necessary to implement recommendations in

  9  the report or addendum.

10         (e)  Any plan amendment which a local government

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

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

13  local government readopts the amendment and transmits the

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

15  163.3184(7) after the report is determined to be sufficient.

16         Section 7.  Effective October 1, 1998, section

17  163.3191, Florida Statutes, is amended to read:

18         (Substantial rewording of section.  See

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

20         163.3191  Evaluation and appraisal of comprehensive

21  plan.--

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

23  ongoing process.  Each local government shall adopt an

24  evaluation and appraisal report once every 7 years assessing

25  the progress in implementing the local government's

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

27  section that:

28         (a)  Adopted comprehensive plans be reviewed through

29  such evaluation process to respond to changes in state,

30  regional, and local policies on planning and growth management

31  and changing conditions and trends, to ensure effective


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                                      CS/HB 4031, Second Engrossed



  1  intergovernmental coordination, and to identify major issues

  2  regarding the community's achievement of its goals.

  3         (b)  After completion of the initial evaluation and

  4  appraisal report and any supporting plan amendments, each

  5  subsequent evaluation and appraisal report must evaluate the

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

  7  the evaluation and appraisal report process.

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

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

10  adjacent local governments, and the public in the evaluation

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

12  section to establish minimum requirements for information to

13  ensure predictability, certainty, and integrity in the growth

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

15  summary audit of the actions that a local government has

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

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

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

19  statewide minimum standards.  The report is not intended to

20  require a comprehensive rewrite of the elements within the

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

22         (2)  The report shall present an evaluation and

23  assessment of the comprehensive plan and shall contain

24  appropriate statements to update the comprehensive plan,

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

26  other media, related to:

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

28  including annexation, since the adoption of the original plan

29  or the most recent update amendments.

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

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                                      CS/HB 4031, Second Engrossed



  1         (c)  The financial feasibility of implementing the

  2  comprehensive plan and of providing needed infrastructure to

  3  achieve and maintain adopted level of service standards and

  4  sustain concurrency management systems through the capital

  5  improvements element, as well as the ability to address

  6  infrastructure backlogs and meet the demands of growth on

  7  public services and facilities.

  8         (d)  The location of existing development in relation

  9  to the location of development as anticipated in the original

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

11  and appraisal report update amendments, such as within areas

12  designated for urban growth.

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

14  jurisdiction and, where pertinent, the potential social,

15  economic, and environmental impacts.

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

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

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

19  Code, and the appropriate strategic regional policy plan since

20  the adoption of the original plan or the most recent

21  evaluation and appraisal report update amendments.

22         (g)  An assessment of whether the plan objectives

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

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

25  identification as to whether unforeseen or unanticipated

26  changes in circumstances have resulted in problems or

27  opportunities with respect to major issues identified in each

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

29  the issue.

30         (h)  A brief assessment of successes and shortcomings

31  related to each element of the plan.


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                                      CS/HB 4031, Second Engrossed



  1         (i)  The identification of any actions or corrective

  2  measures, including whether plan amendments are anticipated to

  3  address the major issues identified and analyzed in the

  4  report.  Such identification shall include, as appropriate,

  5  new population projections, new revised planning timeframes, a

  6  revised future conditions map or map series, an updated

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

  8  objectives, and policies for major issues identified within

  9  each element.  This paragraph shall not require the submittal

10  of the plan amendments with the evaluation and appraisal

11  report.

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

13  activities undertaken by the local government in preparing the

14  report.

15         (3)  Voluntary scoping meetings may be conducted by

16  each local government or several local governments within the

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

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

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

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

21  meetings shall be to distribute data and resources available

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

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

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

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

26  the local government shall invite each state and regional

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

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

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

30  the most recent evaluation and appraisal report-based update

31  amendments, should be developed by state and regional entities


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                                      CS/HB 4031, Second Engrossed



  1  and involved local governments for distribution at the scoping

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

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

  4  evaluation and appraisal report by parties to which the report

  5  relates.

  6         (4)  The local planning agency shall prepare the

  7  evaluation and appraisal report and shall make recommendations

  8  to the governing body regarding adoption of the proposed

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

10  conformity with its public participation procedures adopted as

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

12  proposed report and prior to making any recommendation to the

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

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

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

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

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

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

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

20  preparer. Where applicable, maps shall include major natural

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

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

23  the date.

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

25  the local government may provide a proposed evaluation and

26  appraisal report to the state land planning agency and

27  distribute copies to state and regional commenting agencies as

28  prescribed by rule, adjacent jurisdictions, and interested

29  citizens for review.  All review comments, including comments

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

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                                      CS/HB 4031, Second Engrossed



  1  local government and state land planning agency within 30 days

  2  after receipt of the proposed report.

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

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

  5  evaluation and appraisal report by resolution or ordinance at

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

  7  adopt the report in conformity with its public participation

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

  9  government shall submit to the state land planning agency

10  three copies of the report, a transmittal letter indicating

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

12  resolution or ordinance.  The local government shall provide a

13  copy of the report to the reviewing agencies which provided

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

15  agencies if a proposed report was not provided pursuant to

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

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

18  shall review the adopted report and make a preliminary

19  sufficiency determination that shall be forwarded by the

20  agency to the local government for its consideration.  The

21  state land planning agency shall issue a final sufficiency

22  determination within 90 days after receipt of the adopted

23  evaluation and appraisal report.

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

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

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

27  sufficiency review of the state land planning agency shall

28  concentrate on whether the evaluation and appraisal report

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

30  the state land planning agency determines that the report is

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


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                                      CS/HB 4031, Second Engrossed



  1  report and submit the revised report for review pursuant to

  2  subsection (6).

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

  4  review of evaluation and appraisal reports, including all

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

  6  to the appropriate regional planning council.  When the review

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

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

  9  by the regional planning council rather than the state land

10  planning agency.  The state land planning agency shall by

11  agreement provide for uniform and adequate review of reports

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

13  regional planning council.

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

15  phased schedule for adoption of reports.  The schedule shall

16  provide each local government at least 7 years from plan

17  adoption or last established adoption date for a report and

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

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

20  analyses gathered by the counties, the state land planning

21  agency shall schedule municipal report adoption dates between

22  1 year and 18 months later than the report adoption date for

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

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

25  to the established adoption date.  Small municipalities which

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

27  to adopt their evaluation and appraisal report after February

28  2, 1999, shall be rescheduled to adopt their report together

29  with the other municipalities in their county as provided in

30  this subsection.

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  1         (10)  The governing body shall amend its comprehensive

  2  plan based on the recommendations in the report and shall

  3  update the comprehensive plan based on the components of

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

  5  163.3187, and 163.3189.  Amendments to update a comprehensive

  6  plan based on the evaluation and appraisal report shall be

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

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

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

10  portion of such amendments.  The state land planning agency

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

12  amendments if the request is justified by good and sufficient

13  cause as determined by the agency.  An additional extension

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

15  coordination between transportation and land use, for the

16  purposes of improving Florida's transportation system, as

17  determined by the agency in coordination with the Metropolitan

18  Planning Organization program.  The comprehensive plan as

19  amended shall be in compliance as defined in s.

20  163.3184(1)(b).

21         (11)  The Administration Commission may impose the

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

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

24  fails to implement its report through timely and sufficient

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

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

27  planning agency or found present by the Administration

28  Commission.  Sanctions for untimely or insufficient plan

29  amendments shall be prospective only and shall begin after a

30  final order has been issued by the Administration Commission

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


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                                      CS/HB 4031, Second Engrossed



  1  government to comply with an adverse determination by the

  2  Administration Commission through adoption of plan amendments

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

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

  5  proceeding by filing a petition with the Division of

  6  Administrative Hearings, which shall appoint an administrative

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

  8  120.57(1) and shall submit a recommended order to the

  9  Administration Commission.  The affected local government

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

11  implement this subsection by rule.

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

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

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

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

16  report to the Governor, the Administration Commission, the

17  Speaker of the House of Representatives, the President of the

18  Senate, and the respective community affairs committees of the

19  Senate and the House of Representatives on the coordination

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

21  technical assistance for evaluation and appraisal reports and

22  update plan amendments.  Technical assistance shall include,

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

24  appraisal report templates, distribution of data in formats

25  usable by local governments, onsite visits with local

26  governments, and participation in and assistance with the

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

28         (14)  The state land planning agency shall regularly

29  review the evaluation and appraisal report process and submit

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

31  Speaker of the House of Representatives, the President of the


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                                      CS/HB 4031, Second Engrossed



  1  Senate, and the respective community affairs committees of the

  2  Senate and the House of Representatives.  The first report

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

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

  5  9 months before the due date of each report, the Secretary of

  6  Community Affairs shall appoint a technical committee of at

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

  8  The membership of the technical committee shall consist of

  9  representatives of local governments, regional planning

10  councils, the private sector, and environmental organizations.

11  The report shall assess the effectiveness of the evaluation

12  and appraisal report process.

13         (15)  An evaluation and appraisal report due for

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

15  sufficiency pursuant to the provisions of this section.  A

16  local government which has an established adoption date for

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

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

19  evaluated for sufficiency pursuant to the provisions of this

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

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

22         Section 8.  Section 163.3245, Florida Statutes, is

23  created to read:

24         163.3245  Optional sector plans.--

25         (1)  In recognition of the benefits of conceptual

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

27  planning for specific areas, as a demonstration project the

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

29  this section for up to five local governments or combinations

30  of local governments which adopt into the comprehensive plan

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


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                                      CS/HB 4031, Second Engrossed



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

  2  which supports innovative and flexible planning and

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

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

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

  6  a development of regional impact, while ensuring the adequate

  7  mitigation of impacts to applicable regional resources and

  8  facilities, including those within the jurisdiction of other

  9  local governments, as would otherwise be provided. Optional

10  sector plans are intended for substantial geographic areas

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

12  governmental jurisdictions and are to emphasize urban form and

13  protection of regionally significant resources and facilities.

14  The state land planning agency may approve optional sector

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

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

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

18  an optional sector plan is authorized by agreement between the

19  state land planning agency and the applicable local

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

21  be adopted through one or more comprehensive plan amendments

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

23  authorized in an area of critical state concern.

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

25  agreement to authorize preparation of an optional sector plan

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

27  consideration of problems and opportunities presented by

28  existing development trends; the effectiveness of current

29  comprehensive plan provisions; the potential to further the

30  state comprehensive plan, applicable strategic regional policy

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


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                                      CS/HB 4031, Second Engrossed



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

  2  regional planning council shall conduct a scoping meeting with

  3  affected local governments and those agencies identified in s.

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

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

  6  state land planning agency and the local government in the

  7  identification of the relevant planning issues to be addressed

  8  and the data and resources available to assist in the

  9  preparation of subsequent plan amendments. The regional

10  planning council shall make written recommendations to the

11  state land planning agency and affected local governments,

12  including whether a sustainable sector plan would be

13  appropriate. The agreement must define the geographic area to

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

15  be emphasized, requirements for intergovernmental coordination

16  to address extrajurisdictional impacts, supporting application

17  materials including data and analysis, and procedures for

18  public participation. An agreement may address previously

19  adopted sector plans that are consistent with the standards in

20  this section. Before executing an agreement under this

21  subsection, the local government shall hold a duly noticed

22  public workshop to review and explain to the public the

23  optional sector planning process and the terms and conditions

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

25  duly noticed public hearing to execute the agreement. All

26  meetings between the department and the local government must

27  be open to the public.

28         (3)  Optional sector planning encompasses two levels:

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

30  overlay to the comprehensive plan, having no immediate effect

31  on the issuance of development orders or the applicability of


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                                      CS/HB 4031, Second Engrossed



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

  2  area plans that implement the conceptual long-term buildout

  3  overlay and authorize issuance of development orders, and

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

  5  detailed specific area plan is adopted, the underlying future

  6  land use designations apply.

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

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

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

10  minimum identifies anticipated areas of urban, agricultural,

11  rural, and conservation land use.

12         2.  Identification of regionally significant public

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

14  Code, irrespective of local governmental jurisdiction

15  necessary to support buildout of the anticipated future land

16  uses.

17         3.  Identification of regionally significant natural

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

19  Code.

20         4.  Principles and guidelines that address the urban

21  form and interrelationships of anticipated future land uses

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

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

24  achieving a more clean, healthy environment, limiting urban

25  sprawl, protecting wildlife and natural areas, advancing the

26  efficient use of land and other resources, and creating

27  quality communities and jobs.

28         5.  Identification of general procedures to ensure

29  intergovernmental coordination to address extrajurisdictional

30  impacts from the long-range conceptual framework map.

31


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                                      CS/HB 4031, Second Engrossed



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

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

  3  specific area plans must include:

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

  5  development which achieves a functional relationship between a

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

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

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

  9  local circumstances if it is determined that the plan furthers

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

11         2.  Detailed identification and analysis of the

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

13         3.  Detailed identification of regionally significant

14  public facilities, including public facilities outside the

15  jurisdiction of the host local government, anticipated impacts

16  of future land uses on those facilities, and required

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

18  Code.

19         4.  Public facilities necessary for the short term,

20  including developer contributions in a financially feasible

21  5-year capital improvement schedule of the affected local

22  government.

23         5.  Detailed analysis and identification of specific

24  measures to assure the protection of regionally significant

25  natural resources and other important resources both within

26  and outside the host jurisdiction, including those regionally

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

28  Administrative Code.

29         6.  Principles and guidelines that address the urban

30  form and interrelationships of anticipated future land uses

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


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                                      CS/HB 4031, Second Engrossed



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

  2  achieving a more clean, healthy environment, limiting urban

  3  sprawl, protecting wildlife and natural areas, advancing the

  4  efficient use of land and other resources, and creating

  5  quality communities and jobs.

  6         7.  Identification of specific procedures to ensure

  7  intergovernmental coordination to address extrajurisdictional

  8  impacts of the detailed specific area plan.

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

10  preparation and approval of the optional sector plan and

11  detailed specific area plan concurrently or in the same

12  submission.

13         (4)  The host local government shall submit a

14  monitoring report to the state land planning agency and

15  applicable regional planning council on an annual basis after

16  adoption of a detailed specific area plan. The annual

17  monitoring report must provide summarized information on

18  development orders issued, development that has occurred,

19  public facility improvements made, and public facility

20  improvements anticipated over the upcoming 5 years.

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

22  area plan has become effective under ss. 163.3184 and

23  163.3189(2), the provisions of s. 380.06 do not apply to

24  development within the geographic area of the detailed

25  specific area plan. However, any

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

27  vested from the detailed specific area plan may be enforced

28  under s. 380.11.

29         (a)  The local government adopting the detailed

30  specific area plan is primarily responsible for monitoring and

31  enforcing the detailed specific area plan. Local governments


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                                      CS/HB 4031, Second Engrossed



  1  shall not issue any permits or approvals or provide any

  2  extensions of services to development that are not consistent

  3  with the detailed sector area plan.

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

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

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

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

  8  administrative or judicial proceeding to prevent, abate, or

  9  control the conditions or activity creating the violation,

10  using the procedures in s. 380.11.

11         (c)  In instituting an administrative or judicial

12  proceeding involving an optional sector plan or detailed

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

14  163.3245(5)(b), the complaining party shall comply with the

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

16  163.3215.

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

18  thereafter, the department shall provide a status report to

19  the Legislative Committee on Intergovernmental Relations

20  regarding each optional sector plan authorized under this

21  section.

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

23  rights of any person under this chapter.

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

25  section 170.201, Florida Statutes, is amended to read:

26         (2)  Property owned or occupied by a religious

27  institution and used as a place of worship or education or by

28  a public or private elementary, middle, or high school or by a

29  community college shall be exempt from any special assessment

30  levied by a municipality to fund any service or facility,

31  including those for fire protection and prevention, stormwater


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                                      CS/HB 4031, Second Engrossed



  1  projects and services, and emergency medical services if the

  2  municipality so desires and may not be passed on to others in

  3  the form of additional fees or assessments.  As used in this

  4  subsection, "religious institution" means any church,

  5  synagogue, or other established physical place for worship at

  6  which nonprofit religious services and activities are

  7  regularly conducted and carried on.

  8         Section 10.  Subsection (6) is added to section

  9  171.044, Florida Statutes, to read:

10         171.044  Voluntary annexation.--

11         (6)  Upon publishing or posting the ordinance notice

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

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

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

15  wherein the municipality is located.  The notice provision

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

17  cause of action challenging the annexation.

18         Section 11.  Section 171.081, Florida Statutes, is

19  amended to read:

20         171.081  Appeal on annexation or contraction.--

21         No later than 30 days following the passage of an

22  annexation or contraction ordinance, any party affected who

23  believes that he or she will suffer material injury by reason

24  of the failure of the municipal governing body to comply with

25  the procedures set forth in this chapter for annexation or

26  contraction or to meet the requirements established for

27  annexation or contraction as they apply to his or her property

28  may file a petition in the circuit court for the county in

29  which the municipality or municipalities are located seeking

30  review by certiorari.  In any action instituted pursuant to

31  this section, the complainant, should he or she prevail, shall


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                                      CS/HB 4031, Second Engrossed



  1  be entitled to reasonable costs and attorney's fees. Should

  2  the complainant be a county, the prevailing party in that

  3  event shall be entitled to reasonable costs and attorney's

  4  fees. 

  5         Section 12.  Section 186.003, Florida Statutes, is

  6  amended to read:

  7         186.003  Definitions.--As used in ss. 186.001-186.031

  8  and 186.801-186.911, the term:

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

10  Office of Planning and Budgeting of the Executive Office of

11  the Governor.

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

13  programs and activities are ultimately directed.

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

15  intermediate end that is achievable and marks progress toward

16  a goal.

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

18  activities are conducted to achieve an identified goal.

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

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

21  exercise responsibilities under ss. 186.001-186.031 and

22  186.801-186.911 in a particular region of the state.

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

24  the Game and Fresh Water Fish Commission, the Parole

25  Commission, and the Department of Military Affairs.

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

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

28  its mission within the context of the state comprehensive plan

29  and within the context of any other statutory mandates and

30  authorizations given to the agency, pursuant to ss.

31  186.021-186.022.


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                                      CS/HB 4031, Second Engrossed



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

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

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

  4  and policies contained within the state comprehensive plan

  5  initially prepared by the Executive Office of the Governor and

  6  adopted pursuant to s. 186.008.

  7         Section 13.  Subsections (4) and (8) of section

  8  186.007, Florida Statutes, are amended and subsection (9) is

  9  added to that section to read:

10         186.007  State comprehensive plan; preparation;

11  revision.--

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

13  prepare statewide goals, objectives, and policies related to

14  the opportunities, problems, and needs associated with growth

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

16  policies shall constitute the growth management portion of the

17  state comprehensive plan.  In preparing the growth management

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

19  Governor initially shall emphasize the management of land use,

20  water resources, and transportation system development.

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

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

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

24  development, water resources, transportation, and related

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

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

27  development plan, the Florida Transportation Plan, the Florida

28  water plan, and similar planning documents.

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

30  continuing process.  Each section of the plan shall be

31  reviewed and analyzed biennially by the Executive Office of


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                                      CS/HB 4031, Second Engrossed



  1  the Governor in conjunction with the planning officers of

  2  other state agencies significantly affected by the provisions

  3  of the particular section under review.  In conducting this

  4  review and analysis, the Executive Office of the Governor

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

  6  land planning agency and regional planning councils, the

  7  evaluation and appraisal reports submitted pursuant to s.

  8  163.3191 and the evaluation and appraisal reports prepared

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

10  comprehensive plan shall be proposed by the Governor in a

11  written report and be accompanied by an explanation of the

12  need for such changes.  If the Governor determines that

13  changes are unnecessary, the written report must explain why

14  changes are unnecessary.  The proposed revisions and

15  accompanying explanations may be submitted in the report

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

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

18  186.008(2) at least 30 days prior to the regular legislative

19  session occurring in each even-numbered year.

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

21  and make recommendations as to appropriate revisions to the

22  state comprehensive plan that should be considered for the

23  Governor's recommendations to the Administration Commission

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

25  must consist of persons from the public and private sectors

26  representing the broad range of interests covered by the state

27  comprehensive plan, including state, regional, and local

28  government representatives. In reviewing the goals and

29  policies contained in chapter 187, the committee must identify

30  portions that have become outdated or have not been

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


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                                      CS/HB 4031, Second Engrossed



  1  progress toward achieving the goals and policies. In reviewing

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

  3  committee shall consider the extent to which the plan

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

  5  and recommend revisions as appropriate. In addition, the

  6  committee shall consider and make recommendations on the

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

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

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

10  committee may also make recommendations as to data and

11  information needed in the continuing process to evaluate and

12  update the state comprehensive plan. All meetings of the

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

14  planning process and amendments to the state comprehensive

15  plan.  The Executive Office of the Governor is hereby

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

17  associated with the committee, including travel and per diem

18  reimbursement for the committee members.

19         Section 14.  Section 186.008, Florida Statutes, is

20  amended to read:

21         186.008  State comprehensive plan; revision;

22  implementation.--

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

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

25  prepare, and the Governor shall recommend to the

26  Administration Commission, any proposed revisions to the state

27  comprehensive plan deemed necessary.  The Governor shall

28  transmit his or her recommendations and explanation as

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

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

31


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                                      CS/HB 4031, Second Engrossed



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

  2  member of the public who requests a copy.

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

  4  year beginning in 1995, the Administration Commission shall

  5  review the proposed revisions to the state comprehensive plan

  6  prepared by the Governor.  The commission shall adopt a

  7  resolution, after public notice and a reasonable opportunity

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

  9  state comprehensive plan to the Legislature, together with any

10  amendments approved by the commission and any dissenting

11  reports. The commission shall identify those portions of the

12  plan that are not based on existing law.

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

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

15         (4)  The state comprehensive plan shall be implemented

16  and enforced by all state agencies consistent with their

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

18  by administrative rule.  The Governor, as chief planning

19  officer of the state, shall oversee the implementation

20  process.

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

22  consistent with the adopted state comprehensive plan and shall

23  support and further its goals and policies.

24         (6)  The Florida Public Service Commission, in

25  approving the plans of utilities subject to its regulation,

26  shall take into consideration the compatibility of the plan of

27  each utility and all related utility plans taken together with

28  the adopted state comprehensive plan.

29         Section 15.  Subsections (2) and (3) of section

30  186.009, Florida Statutes, are amended to read:

31


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                                      CS/HB 4031, Second Engrossed



  1         186.009  Growth management portion of the state

  2  comprehensive plan.--

  3         (2)  The growth management portion of the state

  4  comprehensive plan shall:

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

  6  and local actions necessary to implement the state

  7  comprehensive plan with regard to the physical growth and

  8  development of the state.

  9         (b)  Identify metropolitan and urban growth centers.

10         (c)  Identify areas of state and regional environmental

11  significance and establish strategies to protect them.

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

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

14  transportation, and water resources.

15         (e)  Provide guidelines for determining where urban

16  growth is appropriate and should be encouraged.

17         (f)  Provide guidelines for state transportation

18  corridors, public transportation corridors, new interchanges

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

20  state significance.

21         (g)  Promote land acquisition programs to provide for

22  natural resource protection, open space needs, urban

23  recreational opportunities, and water access.

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

25  solutions to the need for affordable housing.

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

27  and waterborne transportation facilities designed to take the

28  needs of agriculture into consideration and to provide for the

29  transportation of agricultural products and supplies.

30         (j)  Establish priorities regarding coastal planning

31  and resource management.


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                                      CS/HB 4031, Second Engrossed



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

  2  waterfront development of existing deepwater ports, ensuring

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

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

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

  6  necessary to effectuate those portions of the state

  7  comprehensive plan which are related to physical growth and

  8  development.

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

10  degree local government comprehensive plans must be consistent

11  with the proposed growth management portion of the state

12  comprehensive plan.

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

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

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

16  transportation plans required by chapter 339.

17         (o)  Set forth recommendations concerning what degree

18  of consistency is appropriate for the strategic regional

19  policy plans.

20

21  The growth management portion of the state comprehensive plan

22  shall not include a land use map.

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

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

25  recommend to the Administration Commission, the proposed

26  growth management portion of the state comprehensive plan.

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

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

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

30  a copy.

31


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                                      CS/HB 4031, Second Engrossed



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

  2  Commission shall review the proposed growth management portion

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

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

  5  reasonable opportunity for public comment, and transmit the

  6  proposed growth management portion of the state comprehensive

  7  plan to the Legislature, together with any amendments approved

  8  by the commission and any dissenting reports.  The commission

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

10  on existing law.

11         (c)  The growth management portion of the state

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

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

14  Legislature as general law.  The Legislature shall indicate,

15  in adopting the growth management portion of the state

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

17  be consistent with the growth management portion of the state

18  comprehensive plan.

19         (d)  The Executive Office of the Governor shall

20  evaluate and the Governor shall propose any necessary

21  revisions to the adopted growth management portion of the

22  state comprehensive plan in conjunction with the process for

23  evaluating and proposing revisions to the state comprehensive

24  plan.

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

26  Statutes, is amended to read:

27         186.507  Strategic regional policy plans.--

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

29  adopt by rule minimum criteria to be addressed in each

30  strategic regional policy plan and a uniform format for each

31  plan.  Such criteria must emphasize the requirement that each


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                                      CS/HB 4031, Second Engrossed



  1  regional planning council, when preparing and adopting a

  2  strategic regional policy plan, must focus on regional rather

  3  than local resources and facilities.

  4         Section 17.  Section 186.508, Florida Statutes, is

  5  amended to read:

  6         186.508  Strategic regional policy plan adoption;

  7  consistency with state comprehensive plan.--

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

  9  Executive Office of the Governor its proposed strategic

10  regional policy plan on a schedule established adopted by rule

11  by the Executive Office of the Governor to coordinate

12  implementation of the strategic regional policy plans with the

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

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

15  review the proposed strategic regional policy plan to ensure

16  for consistency with the adopted state comprehensive plan and

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

18  return the proposed strategic regional policy plan to the

19  council, together with any revisions recommended by the

20  Governor. The Governor's recommended revisions shall be

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

22  herein shall preclude a regional planning council from

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

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

25  adopting the strategic regional policy plan shall not be

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

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

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

29  substantially affected persons, including the Executive Office

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

31  planning councils within 90 days after receipt of the


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                                      CS/HB 4031, Second Engrossed



  1  revisions recommended by the Executive Office of the Governor,

  2  and shall become effective upon filing with the Department of

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

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

  5  regional planning council challenges a portion of the

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

  7  applicable portion of that local government's comprehensive

  8  plan shall not be required to be consistent with the

  9  challenged portion of the regional policy plan until 12 months

10  after the challenge has been resolved by an administrative law

11  judge.

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

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

14         Section 18.  Section 186.511, Florida Statutes, is

15  amended to read:

16         186.511  Evaluation of strategic regional policy plan;

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

18  continuous and ongoing process.  Each regional planning

19  council shall prepare an evaluation and appraisal report on

20  its strategic regional policy plan at least once every 5

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

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

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

24  needed.  Each regional planning council shall involve the

25  appropriate local health councils in its region if the

26  regional planning council elects to address regional health

27  issues.  The evaluation and appraisal report shall be prepared

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

29  the Executive Office of the Governor. The schedule shall

30  facilitate and be coordinated with, to the maximum extent

31  feasible, the evaluation and revision of local comprehensive


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                                      CS/HB 4031, Second Engrossed



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

  2  each comprehensive planning district.

  3         Section 19.  Section 255.60, Florida Statutes, is

  4  created to read:

  5         255.60  Lease of state property for wireless

  6  facilities.--

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

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

  9  the state which owns or manages buildings or antenna

10  structures shall encourage the placement of commercial mobile

11  radio service facilities on those structures.

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

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

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

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

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

17  the request.

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

19  interested in attaching its wireless facilities to a structure

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

21  interest to the agency managing the structure, together with

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

23  reasonable detail the provider's requirements for placing its

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

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

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

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

28  declared available unless the proposed facilities would

29  adversely impact the historic or environmental character of

30  the site, the structural integrity of the structure, the

31  security of any state correctional institution as defined in


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                                      CS/HB 4031, Second Engrossed



  1  s. 944.02, including facilities operated by private entities

  2  with which the Department of Corrections enters into contracts

  3  pursuant to s. 944.105, or the department's expressed desire

  4  to locate its own communications facilities on the structure.

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

  6  locate its facilities on an available state structure, the

  7  state agency managing the structure shall enter into a lease

  8  with the provider without competitive bidding or procurement.

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

10  which the Department of Management Services must establish

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

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

13  following provisions:

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

15  comparable communication facilities in the state.

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

17  modifications to the structure to allow their use, including

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

19  structure of not more than 125 percent of the original height.

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

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

22  equipment.

23         (d)  The provider shall design all antenna attachments

24  and shelters to minimize any aesthetic impact.

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

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

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

28  shall grant the provider options to renew for three additional

29  5-year terms.

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

31  annually derived from the lease of state property under this


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                                      CS/HB 4031, Second Engrossed



  1  section shall be credited to the agency that manages the

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

  3  be credited to the School Improvement and Academic Achievement

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

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

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

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

  8  Agency Law Enforcement Radio System Trust Fund.

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

10  the state offers any building and antenna structure that it

11  owns or manages for the placement of commercial mobile radio

12  services facilities through a fair and open competitive

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

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

15  90 days after a written request pursuant to subsection (2) or

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

17         Section 20.  Paragraph (f) of subsection (2) and

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

19  Florida Statutes, are amended to read:

20         288.975  Military base reuse plans.--

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

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

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

24  regional planning council until the council's rule adopting

25  its strategic regional policy plan in accordance with the

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

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

28  strategic regional policy plan that has been adopted by rule

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

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

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


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                                      CS/HB 4031, Second Engrossed



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

  2  government shall notify the secretary of the Department of

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

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

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

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

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

  8  land use planning and regulation pertaining to base reuse

  9  activities within those host local governments shall be

10  subject to all applicable statutory requirements, including

11  those contained within chapters 163 and 380.

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

13  Office of Tourism, Trade, and Economic Development shall

14  coordinate a presubmission workshop concerning a military base

15  reuse plan within the boundaries of the host jurisdiction.

16  Agencies that shall participate in the workshop shall include

17  any affected local governments; the Department of

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

19  Economic Development; the Department of Community Affairs; the

20  Department of Transportation; the Department of Health and

21  Rehabilitative Services; the Department of Children and Family

22  Services; the Department of Agriculture and Consumer Services;

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

24  Commission; and any applicable water management districts and

25  regional planning councils. The purposes of the workshop shall

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

27  concern to the above listed entities pertaining to the

28  military base site and to identify opportunities for better

29  coordination of planning and review efforts with the

30  information and analyses generated by the federal

31


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                                      CS/HB 4031, Second Engrossed



  1  environmental impact statement process and the federal

  2  community base reuse planning process.

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

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

  5  months after notifying the agencies of its intent pursuant to

  6  subsection (3) either:

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

  8  plan for review to any affected local governments; the

  9  Department of Environmental Protection; the Office of Tourism,

10  Trade, and Economic Development; the Department of Community

11  Affairs; the Department of Transportation; the Department of

12  Health and Rehabilitative Services; the Department of Children

13  and Family Services; the Department of Agriculture and

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

15  and Fresh Water Fish Commission; and any applicable water

16  management districts and regional planning councils, or

17         (b)  Petition the secretary of the Department of

18  Community Affairs for an extension of the deadline for

19  submitting a proposed reuse plan. Such an extension request

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

21  by the federal Department of Defense or for reasons otherwise

22  deemed to promote the orderly and beneficial planning of the

23  subject military base reuse. The secretary of the Department

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

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

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

27  military base reuse plan, these entities shall review and

28  provide comments to the host local government. The

29  commencement of this review period shall be advertised in

30  newspapers of general circulation within the host local

31  government and any affected local government to allow for


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                                      CS/HB 4031, Second Engrossed



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

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

  3  public hearings, the host local government shall adopt the

  4  military base reuse plan. The host local government shall

  5  comply with the notice requirements set forth in s.

  6  163.3184(15) to ensure full public participation in this

  7  planning process.

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

  9  government may waive the requirement that the military base

10  reuse plan be adopted within 60 days after receipt and

11  consideration of all comments and the second public hearing.

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

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

14  the receipt and consideration of all comments and the second

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

16  whichever is later.

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

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

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

20  local government must exercise this waiver no later than 180

21  days after the 60th day following the receipt and

22  consideration of all comments and the second public hearing,

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

24  later.

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

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

27  period is deemed an exercise of the waiver pursuant to

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

29  government.

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

31  party or parties and the host local government shall seek


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                                      CS/HB 4031, Second Engrossed



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

  2  shall be resolved as follows:

  3         (a)  The petitioning parties and host local government

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

  5  affected parties that submitted comments on the proposed

  6  military base reuse plan may be given the opportunity to

  7  formally participate in decisions and agreements made in these

  8  and subsequent proceedings by mutual consent of the

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

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

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

12  within 45 days, the petitioning parties and host local

13  government may extend such dispute resolution for up to 45

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

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

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

17  multiple petitions, the mediation shall be consolidated into a

18  single proceeding. The state land planning agency shall have

19  45 days to hold informal hearings, if necessary, identify the

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

21  provide recommended solutions to the parties. If the parties

22  fail to implement the recommended solutions within 45 days,

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

24  Administration Commission for final action. The report to the

25  Administration Commission shall list each issue in dispute,

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

27  recommended solutions provided to the parties, and make

28  recommendations for actions the Administration Commission

29  should take to resolve the disputed issues.

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

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


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                                      CS/HB 4031, Second Engrossed



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

  2  land planning agency and the host local government. The

  3  selected party shall comply with the responsibilities placed

  4  upon the state land planning agency in this section.

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

  6  state land planning agency, the Administration Commission

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

  8  deciding upon a proper resolution, the Administration

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

10  any requests for a formal administrative hearing pursuant to

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

12  the extent of the conflict between the parties, the

13  comparative hardships and the public interest involved. If the

14  Administration Commission incorporates in its final order a

15  term or condition that requires any local government to amend

16  its local government comprehensive plan, the local government

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

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

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

20  163.3187(2), and a public hearing on such amendment or

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

22  required. The final order of the Administration Commission is

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

24  Administration Commission is appealed, the time for the local

25  government to amend its plan shall be tolled during the

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

27  judicial proceeding relating to the military base reuse plan.

28         Section 21.  Section 288.980, Florida Statutes, is

29  amended to read:

30

31


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                                      CS/HB 4031, Second Engrossed



  1         288.980  Military base closure, retention, realignment,

  2  or defense-related readjustment and diversification;

  3  legislative intent; grants program.--

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

  5  necessary means to assist communities with military

  6  installations that would be adversely affected by federal base

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

  8  encourage communities to establish local or regional community

  9  base realignment or closure commissions to initiate a

10  coordinated program of response and plan of action in advance

11  of future actions of the federal Base Realignment and Closure

12  Commission. It is critical that closure-vulnerable communities

13  develop such a program to preserve affected military

14  installations. The Legislature, therefore, declares that

15  providing such assistance to support the defense-related

16  initiatives within this section is a public purpose for which

17  public money may be used.

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

19  Development is authorized to award grants from any funds

20  available to it to support activities specifically

21  appropriated for this purpose to applicants' eligible

22  projects. Eligible projects shall be limited to:

23         1.  Activities related to the retention of military

24  installations potentially affected by federal base closure or

25  realignment.

26         2.  Activities related to preventing the potential

27  realignment or closure of a military installation officially

28  identified by the Federal Government for potential realignment

29  or closure.

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

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


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                                      CS/HB 4031, Second Engrossed



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

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

  3  awarded.

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

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

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

  7  applicant:

  8         1.  Represent a local government community with a

  9  military installation or military installations that could be

10  adversely affected by federal base realignment or closure.

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

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

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

14  grant is being sought.

15         3.  Prepare a coordinated program or plan of action

16  delineating how the eligible project will be administered and

17  accomplished.

18         4.  Provide documentation describing the potential for

19  realignment or closure of a military installation located in

20  the applicant's community and the adverse impacts such

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

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

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

24         1.  The relative value of the particular military

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

26  economy relative to other military installations vulnerable to

27  closure.

28         2.  The potential job displacement within the local

29  community should the military installation be closed.

30         3.  The potential adverse impact on industries and

31  technologies which service the military installation.


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                                      CS/HB 4031, Second Engrossed



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

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

  3  realignment commission created by one or more counties, to

  4  oversee the potential or actual realignment or closure of a

  5  military installation within the jurisdiction of such local

  6  government.

  7         (3)  The Florida Economic Reinvestment Initiative is

  8  established to respond to the need for this state and

  9  defense-dependent communities in this state to develop

10  alternative economic diversification strategies to lessen

11  reliance on national defense dollars in the wake of base

12  closures and reduced federal defense expenditures and the need

13  to formulate specific base reuse plans and identify any

14  specific infrastructure needed to facilitate reuse. The

15  initiative shall consist of the following three distinct grant

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

17  and Economic Development Department of Commerce:

18         (a)  The Florida Defense Planning Grant Program,

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

20  which the state is dependent on defense dollars and defense

21  infrastructure and prepare alternative economic development

22  strategies.  The state shall work in conjunction with

23  defense-dependent communities in developing strategies and

24  approaches that will help communities make the transition from

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

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

27  competitive basis.

28         (b)  The Florida Defense Implementation Grant Program,

29  through which funds shall be made available to

30  defense-dependent communities to implement the diversification

31  strategies developed pursuant to paragraph (a). Eligible


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                                      CS/HB 4031, Second Engrossed



  1  applicants include defense-dependent counties and cities, and

  2  local economic development councils located within such

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

  4  applicant and shall be available on a competitive basis.

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

  6         (c)  The Florida Military Installation Reuse Planning

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

  8  to help counties, cities, and local economic development

  9  councils develop and implement plans for the reuse of closed

10  or realigned military installations, including any necessary

11  infrastructure improvements needed to facilitate reuse and

12  related marketing activities.  Grant awards are limited to not

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

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

15  one-to-one basis.

16

17  Applications for grants under this subsection must include a

18  coordinated program of work or plan of action delineating how

19  the eligible project will be administered and accomplished,

20  which must include a plan for ensuring close cooperation

21  between civilian and military authorities in the conduct of

22  the funded activities and a plan for public involvement.

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

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

25  Trade, and Economic Development  Secretary of Commerce shall

26  coordinate the development of the Defense-Related Business

27  Adjustment Program.  Funds shall be available to assist

28  defense-related companies in the creation of increased

29  commercial technology development through investments in

30  technology.  Such technology must have a direct impact on

31  critical state needs for the purpose of generating


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                                      CS/HB 4031, Second Engrossed



  1  investment-grade technologies and encouraging the partnership

  2  of the private sector and government defense-related business

  3  adjustment.  The following areas shall receive precedence in

  4  consideration for funding commercial technology development:

  5  law enforcement or corrections, environmental protection,

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

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

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

  9         (b)  The office department shall require that an

10  applicant:

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

12  adversely affected by federal base realignment or closure or

13  reduced defense expenditures.

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

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

16  match shall be directly related to activities for which the

17  funds are being sought.

18         3.  Prepare a coordinated program or plan delineating

19  how the funds will be administered.

20         4.  Provide documentation describing how

21  defense-related realignment or closure will adversely impact

22  defense-related companies.

23         (5)  The director Secretary of Commerce may award

24  nonfederal matching funds specifically appropriated for

25  construction, maintenance, and analysis of a Florida defense

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

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

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

29  assist workers in relocating to other areas within this state

30  where similar or related employment is available.

31


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                                      CS/HB 4031, Second Engrossed



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

  2  Development shall establish guidelines to implement and carry

  3  out the purpose and intent of this section.

  4         Section 22.  Paragraph (d) is added to subsection (5)

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

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

  7         380.06  Developments of regional impact.--

  8         (5)  AUTHORIZATION TO DEVELOP.--

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

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

11  development of regional impact if the development has been

12  approved under the requirements of this section.

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

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

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

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

17  proposed project is undergoing or will be required to undergo

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

19  undergoing or will be required to undergo

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

21  permit necessary for the construction or operation of the

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

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

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

25  administrative appeal of the development or upon final action

26  following an administrative appeal or judicial review,

27  whichever is later. However, if the application for

28  development approval is not filed within 18 months after the

29  issuance of the permit, the time of validity of the permit

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

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


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                                      CS/HB 4031, Second Engrossed



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

  2  necessary for the construction or operation of the project

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

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

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

  6  that the project is not required to undergo

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

  8  obtains a development order pursuant to this section.

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

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

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

12  development order is issued.  The rules adopted pursuant to

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

14  order is issued shall be applicable to all applications for

15  permits pursuant to those chapters and which are necessary for

16  and consistent with the development authorized in such

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

18  applicable to an application if:

19         1.  The later adopted rule is determined by the

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

21  safety, or welfare;

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

23  403.061(27);

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

25  a subsequently enacted statutorily mandated program;

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

27  state to maintain delegation of a federal program; or

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

29  federal law.

30

31


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                                      CS/HB 4031, Second Engrossed



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

  2  developments approved pursuant to this section is permissible

  3  but is not required.

  4

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

  6  pursuant to this provision, the application must be filed

  7  within 5 years from the issuance of the final development

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

  9  years from the issuance of the final development order.

10  Nothing in this paragraph shall be construed to alter or

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

12  to determine applicable criteria for longer periods of time.

13         (12)  REGIONAL REPORTS.--

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

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

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

17  including the local government, shall prepare and submit to

18  the local government a report and recommendations on the

19  regional impact of the proposed development.  In preparing its

20  report and recommendations, the regional planning agency shall

21  identify regional issues based upon the following review

22  criteria and make recommendations to the local government on

23  these regional issues, specifically considering whether, and

24  the extent to which:

25         1.  The development will have a favorable or

26  unfavorable impact on state or regional resources or

27  facilities identified in the applicable state or regional

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

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

30  development plan. For the purposes of this subsection,

31  "applicable regional plan" means an adopted comprehensive


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                                      CS/HB 4031, Second Engrossed



  1  regional policy plan until the adoption of a strategic

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

  3  means an adopted strategic regional policy plan.

  4         2.  The development will significantly impact adjacent

  5  jurisdictions. At the request of the appropriate local

  6  government, regional planning agencies may also review and

  7  comment upon issues that affect only the requesting local

  8  government.

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

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

11  adversely affect the ability of people to find adequate

12  housing reasonably accessible to their places of employment.

13  The determination should take into account information on

14  factors that are relevant to the availability of reasonably

15  accessible adequate housing.  Adequate housing means housing

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

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

18  other appropriate agencies shall review the proposed

19  development and shall prepare reports and recommendations on

20  issues that are clearly within the jurisdiction of those

21  agencies. Such agency reports shall become part of the

22  regional planning agency report; however, the regional

23  planning agency may attach dissenting views. When water

24  management district and Department of Environmental Protection

25  permits have been issued pursuant to chapter 373 or chapter

26  403, the regional planning council may comment on the regional

27  implications of the permits but may not offer conflicting

28  recommendations.

29         (c)  The regional planning agency shall afford the

30  developer or any substantially affected party reasonable

31  opportunity to present evidence to the regional planning


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                                      CS/HB 4031, Second Engrossed



  1  agency head relating to the proposed regional agency report

  2  and recommendations.

  3         (14)  CRITERIA OUTSIDE AREAS OF CRITICAL STATE

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

  5  critical state concern, in considering whether the development

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

  7  restrictions, or limitations, the local government shall

  8  consider whether, and the extent to which:

  9         (a)  The development unreasonably interferes with the

10  achievement of the objectives of an adopted state land

11  development plan applicable to the area;

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

13  comprehensive plan and local land development regulations;

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

15  and recommendations of the regional planning agency submitted

16  pursuant to subsection (12); and

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

18  Comprehensive Plan. In consistency determinations the plan

19  shall be construed and applied in accordance with s.

20  187.101(3).

21         Section 23.  Paragraph (a) of subsection (3) of section

22  380.061, Florida Statutes, is amended to read:

23         380.061  The Florida Quality Developments program.--

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

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

26  requirements which is applicable to the site of a qualified

27  development:

28         1.  Have donated or entered into a binding commitment

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

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

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


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                                      CS/HB 4031, Second Engrossed



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

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

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

  4  otherwise permitted under this subparagraph. Under the

  5  requirements of this subparagraph, the developer may reserve

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

  7  recreation that is consistent with the purposes for which the

  8  land was preserved.

  9         a.  Those wetlands and water bodies throughout the

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

11  373.4145(1)(b) were applied. The developer may use such areas

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

13  access are unavailable or impracticable; may use such areas

14  for the purpose of stormwater or domestic sewage management

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

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

17  wetlands and water bodies within the jurisdiction of the

18  Department of Environmental Protection which have been

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

20  as to produce a more naturally functioning system.

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

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

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

24  developer may retain the right to construct and maintain

25  elevated walkways over the dunes to provide access to the

26  beach.

27         c.  Known archaeological sites determined to be of

28  significance by the Division of Historical Resources of the

29  Department of State.

30         d.  Areas known to be important to animal species

31  designated as endangered or threatened animal species by the


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                                      CS/HB 4031, Second Engrossed



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

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

  3  nesting; for traveling between such areas used for

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

  5  predation.

  6         e.  Areas known to contain plant species designated as

  7  endangered plant species by the Department of Agriculture and

  8  Consumer Services.

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

10  hazardous or toxic substances by the United States

11  Environmental Protection Agency or by the Department of

12  Environmental Protection or the Department of Agriculture and

13  Consumer Services. This subparagraph is not intended to apply

14  to the production of these substances in nonsignificant

15  amounts as would occur through household use or incidental use

16  by businesses.

17         3.  Participate in a downtown reuse or redevelopment

18  program to improve and rehabilitate a declining downtown area.

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

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

21  aquatic preserves, or Outstanding Florida Waters, except as

22  activities in those waters are permitted pursuant to s.

23  403.813(2) and the developer demonstrates that those

24  activities meet the standards under Class II waters,

25  Outstanding Florida Waters, or aquatic preserves, as

26  applicable.

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

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

29  impermeable surfaces as appropriate to the location and type

30  of project.

31


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                                      CS/HB 4031, Second Engrossed



  1         6.  Provide for construction and maintenance of all

  2  onsite infrastructure necessary to support the project and

  3  enter into a binding commitment with local government to

  4  provide an appropriate fair-share contribution toward the

  5  offsite impacts which the development will impose on publicly

  6  funded facilities and services, except offsite transportation,

  7  and condition or phase the commencement of development to

  8  ensure that public facilities and services, except offsite

  9  transportation, will be available concurrent with the impacts

10  of the development. For the purposes of offsite transportation

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

12  standards of the state land planning agency's

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

14  approved strategic regional policy plan, any applicable

15  regional planning council transportation rule, and the

16  approved local government comprehensive plan and land

17  development regulations adopted pursuant to part II of chapter

18  163.

19         7.  Design and construct the development in a manner

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

21  development plan, the applicable strategic regional policy

22  plan, and the applicable adopted local government

23  comprehensive plan.

24         Section 24.  Subsection (3) of section 380.065, Florida

25  Statutes, is amended to read:

26         380.065  Certification of local government review of

27  development.--

28         (3)  Development orders issued pursuant to this section

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

30  certified local government's findings of fact and conclusions

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


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                                      CS/HB 4031, Second Engrossed



  1  appeal of a development order issued by a certified local

  2  government under this section shall be limited to:

  3         (a)  Inconsistency with the local government's

  4  comprehensive plan or land use regulations.

  5         (b)  Inconsistency with the state land development plan

  6  and the state comprehensive plan.

  7         (c)  Inconsistency with any regional standard or policy

  8  identified in an adopted strategic regional policy plan for

  9  use in reviewing a development of regional impact.

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

11  standards established in the capital improvements plan

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

13  the proposed development, or that development orders and

14  permits are conditioned on the availability of the public

15  facilities necessary to serve the proposed development.  Such

16  development orders and permit conditions shall not allow a

17  reduction in the level of service for affected regional public

18  facilities below the level of services provided in the adopted

19  strategic regional policy plan.

20         Section 25.  Paragraph (d) is added to subsection (3)

21  of section 380.23, Florida Statutes, to read:

22         380.23  Federal consistency.--

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

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

25  such activities and uses are conducted in accordance with the

26  state's coastal management program:

27         (d)  Federal activities within the territorial limits

28  of neighboring states when the governor and the department

29  determine that significant individual or cumulative impact to

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

31  activities.


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                                      CS/HB 4031, Second Engrossed



  1         Section 26.  Transportation and Land Use Study

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

  3  of Transportation shall evaluate the statutory provisions

  4  relating to land use and transportation coordination and

  5  planning issues, including community design, required in part

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

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

  8  associated with the statutes. The evaluation must include an

  9  evaluation of the roles of local government, regional planning

10  councils, state agencies, regional transportation authorities,

11  and metropolitan planning organizations in addressing these

12  subject areas. Special emphasis must be given in this

13  evaluation to concurrency on the highway system, levels of

14  service methodologies, and land use impact assessments used to

15  project transportation needs. The evaluation must be conducted

16  in consultation with a technical committee of at least 15

17  members to be known as the Transportation and Land Use Study

18  Committee, appointed jointly by the secretary of the state

19  land planning agency and the Secretary of Transportation. The

20  membership must be representative of local governments,

21  regional planning councils, the private sector, metropolitan

22  planning organizations, regional transportation authorities,

23  and citizen and environmental organizations. By January 15,

24  1999, the committee shall send an evaluation report to the

25  Governor, the President of the Senate, and the Speaker of the

26  House of Representatives to provide recommendations for

27  appropriate changes to the transportation planning

28  requirements in chapter 163, Florida Statutes, and other

29  statutes, as appropriate.

30

31


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                                      CS/HB 4031, Second Engrossed



  1         Section 27.  Subsection (7) of section 380.0555, and

  2  paragraph (a) of subsection (14) of section 380.06, Florida

  3  Statutes, are repealed.

  4         Section 28.  Subsection (17) of section 380.031,

  5  Florida Statutes, is amended to read:

  6         380.031  Definitions.--As used in this chapter:

  7         (17)  "State land development plan" means a

  8  comprehensive statewide plan or any portion thereof setting

  9  forth state land development policies.  Such plan shall not

10  have any legal effect until enacted by general law or the

11  Legislature confers express rulemaking authority on the state

12  land planning agency to adopt such plan by rule for specific

13  application.

14         Section 29.  Severability.--If any provision of this

15  act or the application thereof to any person, government

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

17  intent that the invalidity shall not affect other provisions

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

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

20  provisions of this act are severable.

21         Section 30.  Section 420.0007, Florida Statutes, is

22  created to read:

23         420.0007  Exemption from property taxation for

24  charitable nonprofit low income housing

25  properties.--Properties owned entirely by nonprofit

26  corporations which are defined as charitable organizations

27  under s. 501(c)(3) of the Internal Revenue Code and comply

28  with the Internal Revenue Procedure 96-32 and which provide

29  housing to low-income and very-low-income persons, as defined

30  in s. 420.0004, shall be considered charitable and exempt from

31


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                                      CS/HB 4031, Second Engrossed



  1  ad valorem taxation under chapter 196 to the extent authorized

  2  under s. 196.192.

  3         Section 31.  The Joint Legislative Committee on

  4  Intergovernmental Relations, with the assistance of the

  5  Department of Community Affairs, shall undertake a pilot

  6  project designed to develop a model feasibility study for

  7  incorporation that can be used by parties wishing to submit

  8  such a study to the Legislature pursuant to s. 165.041(1)(b),

  9  Florida Statutes.  In undertaking the project, the committee

10  shall use, and shall work with the parties that submitted, the

11  feasibility study for incorporation of the unincorporated

12  community of South Port in Bay County during the 1998

13  Legislative Session.  All state agencies and local agencies,

14  pursuant to s. 165.093, Florida Statutes, are hereby directed

15  to provide such information and assistance as may, in the

16  committee's judgment, be of assistance in performing the

17  project.  The project must be completed and the feasibility

18  study submitted to the Legislature by February 1, 1999.  To

19  provide the time necessary to complete the project, a

20  moratorium is hereby placed on the annexation of any

21  unincorporated area identified in the feasibility study for

22  incorporation of South Port in Bay County which was submitted

23  to the Legislature for review and consideration during the

24  1998 Legislative Session.  This section, and the moratorium

25  adopted pursuant to this section, shall stand repealed and

26  inoperative on August 1, 1999.

27         Section 32.  Except as otherwise provided in this act,

28  this act shall take effect upon becoming a law.

29

30

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