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





                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Carlton moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Sections 163.2511, 163.2514, 163.2517,

18  163.2520, 163.2523, and 163.2526, Florida Statutes, are

19  created to read:

20         163.2511  Urban infill and redevelopment.--

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

22  "Growth Policy Act."

23         (2)  It is declared that:

24         (a)  Fiscally strong urban centers are beneficial to

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

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

27  state, regional, and local governments.

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

29  their respective regions and the state; conversely, the

30  deterioration of those urban cores negatively impacts the

31  surrounding area and the state.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         (c)  In recognition of the interwoven destiny between

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

 3  respective governments need to establish a framework and work

 4  in partnership with communities and the private sector to

 5  revitalize urban centers.

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

 7  regional agencies, local governments, and the private sector

 8  in preserving and redeveloping existing urban cores and

 9  promoting the adequate provision of infrastructure, human

10  services, safe neighborhoods, educational facilities, and

11  economic development to sustain these cores into the future.

12         (e)  Successfully revitalizing and sustaining the urban

13  cores is dependent on addressing, through an integrated and

14  coordinated community effort, a range of varied components

15  essential to a healthy urban environment, including cultural,

16  educational, recreational, economic, transportation, and

17  social service components.

18         (f)  Infill development and redevelopment are

19  recognized to be important components and useful mechanisms

20  for promoting and sustaining urban cores. State and regional

21  entities and local governments should provide incentives to

22  promote urban infill and redevelopment. Existing programs and

23  incentives should be integrated to the extent possible to

24  promote urban infill and redevelopment and to achieve the

25  goals of the state urban policy.

26         163.2514  Definitions.--As used in ss.

27  163.2511-163.2526:

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

29  municipality.

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

31  area or areas designated by a local government where:

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

 2  transportation, schools, and recreation are already available

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

 4  of capital improvements;

 5         (b)  The area, or one or more neighborhoods within the

 6  area, suffers from pervasive poverty, unemployment, and

 7  general distress as defined by s. 290.0058;

 8         (c)  The area exhibits a proportion of properties that

 9  are substandard, overcrowded, dilapidated, vacant or

10  abandoned, or functionally obsolete which is higher than the

11  average for the local government;

12         (d)  More than 50 percent of the area is within 1/4

13  mile of a transit stop, or a sufficient number of such transit

14  stops will be made available concurrent with the designation;

15  and

16         (e)  The area includes or is adjacent to community

17  redevelopment areas, brownfields, enterprise zones, or Main

18  Street programs, or has been designated by the state or

19  Federal Government as an urban redevelopment, revitalization,

20  or infill area under empowerment zone, enterprise community,

21  or brownfield showcase community programs or similar programs.

22         163.2517  Designation of urban infill and redevelopment

23  area.--

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

25  or areas within its jurisdiction as an urban infill and

26  redevelopment area for the purpose of targeting economic

27  development, job creation, housing, transportation, crime

28  prevention, neighborhood revitalization and preservation, and

29  land use incentives to encourage urban infill and

30  redevelopment within the urban core.

31         (2)(a)  As part of the preparation and implementation

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  of an urban infill and redevelopment plan, a collaborative and

 2  holistic community participation process must be implemented

 3  to include each neighborhood within the area targeted for

 4  designation as an urban infill and redevelopment area. The

 5  objective of the community participation process is to

 6  encourage communities within the proposed urban infill and

 7  redevelopment area to participate in the design and

 8  implementation of the plan, including a "visioning" of the

 9  urban core, before redevelopment.

10         (b)1.  A neighborhood participation process must be

11  developed to provide for the ongoing involvement of

12  stakeholder groups including, but not limited to,

13  community-based organizations, neighborhood associations,

14  financial institutions, faith organizations, housing

15  authorities, financial institutions, existing businesses,

16  businesses interested in operating in the community, schools,

17  and neighborhood residents, in preparing and implementing the

18  urban infill and redevelopment plan.

19         2.  The neighborhood participation process must include

20  a governance structure whereby the local government shares

21  decisionmaking authority for developing and implementing the

22  urban infill and redevelopment plan with communitywide

23  representatives. For example, the local government and

24  community representatives could organize a corporation under

25  s. 501(c)(3) of the Internal Revenue Code to implement

26  specific redevelopment projects.

27         (3)  A local government seeking to designate a

28  geographic area within its jurisdiction as an urban infill and

29  redevelopment area shall prepare a plan that describes the

30  infill and redevelopment objectives of the local government

31  within the proposed area. In lieu of preparing a new plan, the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  local government may demonstrate that an existing plan or

 2  combination of plans associated with a community redevelopment

 3  area, Florida Main Street program, Front Porch Florida

 4  Community, sustainable community, enterprise zone, or

 5  neighborhood improvement district includes the factors listed

 6  in paragraphs (a)-(n), including a collaborative and holistic

 7  community participation process, or amend such existing plans

 8  to include these factors. The plan shall demonstrate the local

 9  government and community's commitment to comprehensively

10  address the urban problems within the urban infill and

11  redevelopment area and identify activities and programs to

12  accomplish locally identified goals such as code enforcement;

13  improved educational opportunities; reduction in crime;

14  neighborhood revitalization and preservation; provision of

15  infrastructure needs, including mass transit and multimodal

16  linkages; and mixed-use planning to promote multifunctional

17  redevelopment to improve both the residential and commercial

18  quality of life in the area. The plan shall also:

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

20  areas to be included within the designation.

21         (b)  Confirm that the infill and redevelopment area is

22  within an area designated for urban uses in the local

23  government's comprehensive plan.

24         (c)  Identify and map existing enterprise zones,

25  community redevelopment areas, community development

26  corporations, brownfield areas, downtown redevelopment

27  districts, safe neighborhood improvement districts, historic

28  preservation districts, and empowerment zones or enterprise

29  communities located within the area proposed for designation

30  as an urban infill and redevelopment area and provide a

31  framework for coordinating infill and redevelopment programs

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  within the urban core.

 2         (d)  Identify a memorandum of understanding between the

 3  district school board and the local government jurisdiction

 4  regarding public school facilities located within the urban

 5  infill and redevelopment area to identify how the school board

 6  will provide priority to enhancing public school facilities

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

 8  existing buildings for schools within the area.

 9         (e)  Identify each neighborhood within the proposed

10  area and state community preservation and revitalization goals

11  and projects identified through a collaborative and holistic

12  community participation process and how such projects will be

13  implemented.

14         (f)  Identify how the local government and

15  community-based organizations intend to implement affordable

16  housing programs, including, but not limited to, economic and

17  community development programs administered by federal and

18  state agencies, within the urban infill and redevelopment

19  area.

20         (g)  Identify strategies for reducing crime.

21         (h)  If applicable, provide guidelines for the adoption

22  of land development regulations specific to the urban infill

23  and redevelopment area which include, for example, setbacks

24  and parking requirements appropriate to urban development.

25         (i)  Identify and map any existing transportation

26  concurrency exception areas and any relevant public

27  transportation corridors designated by a metropolitan planning

28  organization in its long-range transportation plans or by the

29  local government in its comprehensive plan for which the local

30  government seeks designation as a transportation concurrency

31  exception area. For those areas, describe how public

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  transportation, pedestrian ways, and bikeways will be

 2  implemented as an alternative to increased automobile use.

 3         (j)  Identify and adopt a package of financial and

 4  local government incentives which the local government will

 5  offer for new development, expansion of existing development,

 6  and redevelopment within the urban infill and redevelopment

 7  area. Examples of such incentives include:

 8         1.  Waiver of license and permit fees.

 9         2.  Waiver of local option sales taxes.

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

11  return of property to productive use.

12         4.  Expedited permitting.

13         5.  Lower transportation impact fees for development

14  which encourages more use of public transit, pedestrian, and

15  bicycle modes of transportation.

16         6.  Prioritization of infrastructure spending within

17  the urban infill and redevelopment area.

18         7.  Local government absorption of developers'

19  concurrency costs.

20         (k)  Identify how activities and incentives within the

21  urban infill and redevelopment area will be coordinated and

22  what administrative mechanism the local government will use

23  for the coordination.

24         (l)  Identify how partnerships with the financial and

25  business community will be developed.

26         (m)  Identify the governance structure that the local

27  government will use to involve community representatives in

28  the implementation of the plan.

29         (n)  Identify performance measures to evaluate the

30  success of the local government in implementing the urban

31  infill and redevelopment plan.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

 2  urban infill and redevelopment area, it must amend its

 3  comprehensive land use plan under s. 163.3187 to delineate the

 4  boundaries of the urban infill and redevelopment area within

 5  the future land use element of its comprehensive plan pursuant

 6  to its adopted urban infill and redevelopment plan. The state

 7  land planning agency shall review the boundary delineation of

 8  the urban infill and redevelopment area in the future land use

 9  element under s. 163.3184. However, an urban infill and

10  redevelopment plan adopted by a local government is not

11  subject to review for compliance as defined by s.

12  163.3184(1)(b), and the local government is not required to

13  adopt the plan as a comprehensive plan amendment. An amendment

14  to the local comprehensive plan to designate an urban infill

15  and redevelopment area is exempt from the twice-a-year

16  amendment limitation of s. 163.3187.

17         (5)  After the preparation of an urban infill and

18  redevelopment plan or designation of an existing plan, the

19  local government shall adopt the plan by ordinance. Notice for

20  the public hearing on the ordinance must be in the form

21  established in s. 166.041(3)(c)2. for municipalities, and s.

22  125.66(4)(b)2. for counties.

23         (6)(a)  In order to continue to be eligible for the

24  economic and regulatory incentives granted with respect to an

25  urban infill and redevelopment area, the local government must

26  demonstrate during the evaluation, assessment, and review of

27  its comprehensive plan required pursuant to s. 163.3191, that

28  within designated urban infill and redevelopment areas, the

29  amount of combined annual residential, commercial, and

30  institutional development has increased by at least 10

31  percent.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         (b)  If the local government fails to implement the

 2  urban infill and redevelopment plan in accordance with the

 3  deadlines set forth in the plan, the Department of Community

 4  Affairs may seek to rescind the economic and regulatory

 5  incentives granted to the urban infill and redevelopment area,

 6  subject to the provisions of chapter 120.  The action to

 7  rescind may be initiated 90 days after issuing a written

 8  letter of warning to the local government.

 9         163.2520  Economic incentives; report.--

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

11  and redevelopment plan or plan employed in lieu thereof may

12  issue revenue bonds under s. 163.385 and employ tax increment

13  financing under s. 163.387 for the purpose of financing the

14  implementation of the plan, except that in a charter county

15  such incentives shall be employed consistent with the

16  provisions of s. 163.410.

17         (2)  A local government with an adopted urban infill

18  and redevelopment plan or plan employed in lieu thereof may

19  exercise the powers granted under s. 163.514 for community

20  redevelopment neighborhood improvement districts, including

21  the authority to levy special assessments.

22         (3)  State agencies that provide infrastructure

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

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

25  Environmental Protection (Clean Water State Revolving Fund,

26  Drinking Water Revolving Loan Trust Fund, and the state

27  pollution control bond program); the Department of Community

28  Affairs (economic development and housing programs, Florida

29  Communities Trust); the Florida Housing Finance Corporation;

30  and the Department of Transportation (Intermodal Surface

31  Transportation Efficiency Act funds), are directed to report

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  to the President of the Senate and the Speaker of the House of

 2  Representatives by January 1, 2000, regarding statutory and

 3  rule changes necessary to give urban infill and redevelopment

 4  areas identified by local governments under this act an

 5  elevated priority in infrastructure funding, loan, and grant

 6  programs.

 7         (4)  Prior to June 1 each year, areas designated by a

 8  local government as urban infill and redevelopment areas shall

 9  be given a priority in the allocation of private activity

10  bonds from the state pool pursuant to s. 159.807.

11         163.2523  Grant program.--An Urban Infill and

12  Redevelopment Assistance Grant Program is created for local

13  governments. A local government may allocate grant money to

14  special districts, including community redevelopment agencies,

15  and nonprofit community development organizations to implement

16  projects consistent with an adopted urban infill and

17  redevelopment plan or plan employed in lieu thereof. Thirty

18  percent of the general revenue appropriated for this program

19  shall be available for planning grants to be used by local

20  governments for the development of an urban infill and

21  redevelopment plan, including community participation

22  processes for the plan. Sixty percent of the general revenue

23  appropriated for this program shall be available for

24  fifty/fifty matching grants for implementing urban infill and

25  redevelopment projects that further the objectives set forth

26  in the local government's adopted urban infill and

27  redevelopment plan or plan employed in lieu thereof. The

28  remaining 10 percent of the revenue must be used for outright

29  grants for implementing projects requiring an expenditure of

30  under $50,000. Projects that provide employment opportunities

31  to clients of the WAGES program and projects within urban

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  infill and redevelopment areas that include a community

 2  redevelopment area, Florida Main Street program, Front Porch

 3  Florida Community, sustainable community, enterprise zone,

 4  federal enterprise zone, enterprise community, or neighborhood

 5  improvement district must be given an elevated priority in the

 6  scoring of competing grant applications. The Division of

 7  Housing and Community Development of the Department of

 8  Community Affairs shall administer the grant program. The

 9  Department of Community Affairs shall adopt rules establishing

10  grant review criteria consistent with this section.

11         163.2526  Review and evaluation.--Before the 2004

12  Regular Session of the Legislature, the Office of Program

13  Policy Analysis and Government Accountability shall perform a

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

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

16  evaluate the effectiveness of the designation of urban infill

17  and redevelopment areas in stimulating urban infill and

18  redevelopment and strengthening the urban core. A report of

19  the findings and recommendations of the Office of Program

20  Policy Analysis and Government Accountability shall be

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

22  the House of Representatives before the 2004 Regular Session

23  of the Legislature.

24         Section 2.  Subsection (28) of section 163.3164,

25  Florida Statutes, 1998 Supplement, is amended to read:

26         163.3164  Definitions.--As used in this act:

27         (28)  "Projects that promote public transportation"

28  means projects that directly affect the provisions of public

29  transit, including transit terminals, transit lines and

30  routes, separate lanes for the exclusive use of public transit

31  services, transit stops (shelters and stations), and office

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  buildings or projects that include fixed-rail or transit

 2  terminals as part of the building, and projects which are

 3  transit-oriented and designed to complement reasonably

 4  proximate planned or existing public facilities.

 5         Section 3.  Paragraph (a) of subsection (6) of section

 6  163.3177, Florida Statutes, 1998 Supplement, is amended to

 7  read:

 8         163.3177  Required and optional elements of

 9  comprehensive plan; studies and surveys.--

10         (6)  In addition to the requirements of subsections

11  (1)-(5), the comprehensive plan shall include the following

12  elements:

13         (a)  A future land use plan element designating

14  proposed future general distribution, location, and extent of

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

16  industry, agriculture, recreation, conservation, education,

17  public buildings and grounds, other public facilities, and

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

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

20  the control and distribution of population densities and

21  building and structure intensities.  The proposed

22  distribution, location, and extent of the various categories

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

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

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

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

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

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

29  including the amount of land required to accommodate

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

31  character of undeveloped land; the availability of public

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  services; and the need for redevelopment, including the

 2  renewal of blighted areas and the elimination of nonconforming

 3  uses which are inconsistent with the character of the

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

 5  future planned development use involving combinations of types

 6  of uses for which special regulations may be necessary to

 7  ensure development in accord with the principles and standards

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

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

10  municipal incorporation.  The land use maps or map series

11  shall generally identify and depict historic district

12  boundaries and shall designate historically significant

13  properties meriting protection.  The future land use element

14  must clearly identify the land use categories in which public

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

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

17  local government shall include in the categories sufficient

18  land proximate to residential development to meet the

19  projected needs for schools in coordination with public school

20  boards and may establish differing criteria for schools of

21  different type or size.  Each local government shall include

22  lands contiguous to existing school sites, to the maximum

23  extent possible, within the land use categories in which

24  public schools are an allowable use. All comprehensive plans

25  must comply with the school siting requirements of this

26  paragraph no later than October 1, 1999, or the deadline for

27  the local government evaluation and appraisal report,

28  whichever occurs first. The failure by a local government to

29  comply with these school siting requirements by October 1,

30  1999, this requirement will result in the prohibition of the

31  local government's ability to amend the local comprehensive

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  plan, except for plan amendments described in s.

 2  163.3187(1)(b), until the school siting requirements are met

 3  as provided by s. 163.3187(6). An amendment proposed by a

 4  local government for purposes of identifying the land use

 5  categories in which public schools are an allowable use is

 6  exempt from the limitation on the frequency of plan amendments

 7  contained in s. 163.3187. The future land use element shall

 8  include criteria which encourage the location of schools

 9  proximate to urban residential areas to the extent possible

10  and shall require that the local government seek to collocate

11  public facilities, such as parks, libraries, and community

12  centers, with schools to the extent possible.

13         Section 4.  Subsections (1), (4), (5), and (10) of

14  section 163.3180, Florida Statutes, 1998 Supplement, are

15  amended, subsections (12) and (13) are renumbered as

16  subsections (13) and (14), respectively, and new subsections

17  (12) and (15) are added to said section, to read:

18         163.3180  Concurrency.--

19         (1)(a)  Roads, Sanitary sewer, solid waste, drainage,

20  potable water, parks and recreation, and transportation

21  facilities, including mass transit, where applicable, are the

22  only public facilities and services subject to the concurrency

23  requirement on a statewide basis. Additional public facilities

24  and services may not be made subject to concurrency on a

25  statewide basis without appropriate study and approval by the

26  Legislature; however, any local government may extend the

27  concurrency requirement so that it applies to additional

28  public facilities within its jurisdiction.

29         (b)  Local governments shall use professionally

30  accepted techniques for measuring level of service for

31  automobiles, bicycles, pedestrians, transit, and trucks.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  These techniques may be used to evaluate increased

 2  accessibility by multiple modes and reductions in vehicle

 3  miles of travel in an area or zone.  The Department of

 4  Transportation shall develop methodologies to assist local

 5  governments in implementing this multimodal level-of-service

 6  analysis. The Department of Community Affairs and the

 7  Department of Transportation shall provide technical

 8  assistance to local governments in applying these

 9  methodologies.

10         (4)(a)  The concurrency requirement as implemented in

11  local comprehensive plans applies to state and other public

12  facilities and development to the same extent that it applies

13  to all other facilities and development, as provided by law.

14         (b)  The concurrency requirement as implemented in

15  local comprehensive plans does not apply to public transit

16  facilities.  For the purposes of this paragraph, public

17  transit facilities include transit stations and terminals,

18  transit station parking, park-and-ride lots, intermodal public

19  transit connection or transfer facilities, and fixed bus,

20  guideway, and rail stations.  As used in this paragraph, the

21  terms "terminals" and "transit facilities" do not include

22  airports or seaports or commercial or residential development

23  constructed in conjunction with a public transit facility.

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

25  circumstances dealing with transportation facilities,

26  countervailing planning and public policy goals may come into

27  conflict with the requirement that adequate public facilities

28  and services be available concurrent with the impacts of such

29  development.  The Legislature further finds that often the

30  unintended result of the concurrency requirement for

31  transportation facilities is the discouragement of urban

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  infill development and redevelopment.  Such unintended results

 2  directly conflict with the goals and policies of the state

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

 4  exceptions from the concurrency requirement for transportation

 5  facilities may be granted as provided by this subsection.

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

 7  concurrency requirement for transportation facilities if the

 8  proposed development is otherwise consistent with the adopted

 9  local government comprehensive plan and is a project that

10  promotes public transportation or is located within an area

11  designated in the comprehensive plan for:

12         1.  Urban infill development,

13         2.  Urban redevelopment, or

14         3.  Downtown revitalization, or.

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

16         (c)  The Legislature also finds that developments

17  located within urban infill, urban redevelopment, existing

18  urban service, or downtown revitalization areas or areas

19  designated as urban infill and redevelopment areas under s.

20  163.2517 which pose only special part-time demands on the

21  transportation system should be excepted from the concurrency

22  requirement for transportation facilities.  A special

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

24  scheduled events during any calendar year and does not affect

25  the 100 highest traffic volume hours.

26         (d)  A local government shall establish guidelines for

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

28  in the comprehensive plan. These guidelines must include

29  consideration of the impacts on the Florida Intrastate Highway

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

31  available only within the specific geographic area of the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

 2  any affected person may challenge a plan amendment

 3  establishing these guidelines and the areas within which an

 4  exception could be granted.

 5         (10)  With regard to facilities on the Florida

 6  Intrastate Highway System as defined in s. 338.001, with

 7  concurrence from the Department of Transportation, the

 8  level-of-service standard for general-lanes in urbanized

 9  areas, as defined in s. 334.03(36), may be established by the

10  local government in the comprehensive plan. For all other

11  facilities on the Florida Intrastate Highway System, local

12  governments shall adopt the level-of-service standard

13  established by the Department of Transportation by rule.  For

14  all other roads on the State Highway System, local governments

15  shall establish an adequate level-of-service standard that

16  need not be consistent with any level-of-service standard

17  established by the Department of Transportation.

18         (12)  When authorized by a local comprehensive plan, a

19  multiuse development of regional impact may satisfy the

20  transportation concurrency requirements of the local

21  comprehensive plan, the local government's concurrency

22  management system, and s. 380.06 by payment of a

23  proportionate-share contribution for local and regionally

24  significant traffic impacts, if:

25         (a)  The development of regional impact meets or

26  exceeds the guidelines and standards of s. 380.0651(3)(i) and

27  rule 28-24.032(2), Florida Administrative Code, and includes a

28  residential component that contains at least 100 residential

29  dwelling units or 15 percent of the applicable residential

30  guideline and standard, whichever is greater;

31         (b)  The development of regional impact contains an

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  integrated mix of land uses and is designed to encourage

 2  pedestrian or other nonautomotive modes of transportation;

 3         (c)  The proportionate-share contribution for local and

 4  regionally significant traffic impacts is sufficient to pay

 5  for one or more required improvements that will benefit a

 6  regionally significant transportation facility;

 7         (d)  The owner and developer of the development of

 8  regional impact pays or assures payment of the

 9  proportionate-share contribution; and

10         (e)  If the regionally significant transportation

11  facility to be constructed or improved is under the

12  maintenance authority of a governmental entity, as defined by

13  s. 334.03(12), other than the local government with

14  jurisdiction over the development of regional impact, the

15  developer is required to enter into a binding and legally

16  enforceable commitment to transfer funds to the governmental

17  entity having maintenance authority or to otherwise assure

18  construction or improvement of the facility.

19

20  The proportionate-share contribution may be applied to any

21  transportation facility to satisfy the provisions of this

22  subsection and the local comprehensive plan, but, for the

23  purposes of this subsection, the amount of the

24  proportionate-share contribution shall be calculated based

25  upon the cumulative number of trips from the proposed

26  development expected to reach roadways during the peak hour

27  from the complete buildout of a stage or phase being approved,

28  divided by the change in the peak hour maximum service volume

29  of roadways resulting from construction of an improvement

30  necessary to maintain the adopted level of service, multiplied

31  by the construction cost, at the time of developer payment, of

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  the improvement necessary to maintain the adopted level of

 2  service. For purposes of this subsection, "construction cost"

 3  includes all associated costs of the improvement.

 4         (15)(a)  Multimodal transportation districts may be

 5  established under a local government comprehensive plan in

 6  areas delineated on the future land use map for which the

 7  local comprehensive plan assigns secondary priority to vehicle

 8  mobility and primary priority to assuring a safe, comfortable,

 9  and attractive pedestrian environment, with convenient

10  interconnection to transit.  Such districts must incorporate

11  community design features that will reduce the number of

12  automobile trips or vehicle miles of travel and will support

13  an integrated, multimodal transportation system.

14         (b)  Community design elements of such a district

15  include:  a complementary mix and range of land uses,

16  including educational, recreational, and cultural uses;

17  interconnected networks of streets designed to encourage

18  walking and bicycling, with traffic-calming where desirable;

19  appropriate densities and intensities of use within walking

20  distance of transit stops; daily activities within walking

21  distance of residences, allowing independence to persons who

22  do not drive; public uses, streets, and squares that are safe,

23  comfortable, and attractive for the pedestrian, with adjoining

24  buildings open to the street and with parking not interfering

25  with pedestrian, transit, automobile, and truck travel modes.

26         (c)  Local governments may establish multimodal

27  level-of-service standards that rely primarily on nonvehicular

28  modes of transportation within the district, when justified by

29  an analysis demonstrating that the existing and planned

30  community design will provide an adequate level of mobility

31  within the district based upon professionally accepted

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  multimodal level-of-service methodologies.  The analysis must

 2  take into consideration the impact on the Florida Intrastate

 3  Highway System.  The analysis must also demonstrate that the

 4  capital improvements required to promote community design are

 5  financially feasible over the development or redevelopment

 6  timeframe for the district and that community design features

 7  within the district provide convenient interconnection for a

 8  multimodal transportation system.  Local governments may issue

 9  development permits in reliance upon all planned community

10  design capital improvements that are financially feasible over

11  the development or redevelopment timeframe for the district,

12  without regard to the period of time between development or

13  redevelopment and the scheduled construction of the capital

14  improvements.  A determination of financial feasibility shall

15  be based upon currently available funding or funding sources

16  that could reasonably be expected to become available over the

17  planning period.

18         (d)  Local governments may reduce impact fees or local

19  access fees for development within multimodal transportation

20  districts based on the reduction of vehicle trips per

21  household or vehicle miles of travel expected from the

22  development pattern planned for the district.

23         Section 5.  Subsection (1) of section 163.3187, Florida

24  Statutes, 1998 Supplement, is amended to read:

25         163.3187  Amendment of adopted comprehensive plan.--

26         (1)  Amendments to comprehensive plans adopted pursuant

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

28  calendar year, except:

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

30  amendments may be made more often than twice during the

31  calendar year if the additional plan amendment receives the

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

 2  "Emergency" means any occurrence or threat thereof whether

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

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

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

 6  public funds.

 7         (b)  Any local government comprehensive plan amendments

 8  directly related to a proposed development of regional impact,

 9  including changes which have been determined to be substantial

10  deviations and including Florida Quality Developments pursuant

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

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

13  application for development approval using the procedures

14  provided for local plan amendment in this section and

15  applicable local ordinances, without regard to statutory or

16  local ordinance limits on the frequency of consideration of

17  amendments to the local comprehensive plan.  Nothing in this

18  subsection shall be deemed to require favorable consideration

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

20  development of regional impact.

21         (c)  Any local government comprehensive plan amendments

22  directly related to proposed small scale development

23  activities may be approved without regard to statutory limits

24  on the frequency of consideration of amendments to the local

25  comprehensive plan.  A small scale development amendment may

26  be adopted only under the following conditions:

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

28  or fewer and:

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

30  small scale development amendments adopted by the local

31  government shall not exceed:

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

 2  contains areas specifically designated in the local

 3  comprehensive plan for urban infill, urban redevelopment, or

 4  downtown revitalization as defined in s. 163.3164, urban

 5  infill and redevelopment areas designated under s. 163.2517,

 6  transportation concurrency exception areas approved pursuant

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

 8  central business districts approved pursuant to s.

 9  380.06(2)(e); however, amendments under this paragraph may be

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

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

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

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

14  sub-sub-subparagraph (I).

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

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

17         b.  The proposed amendment does not involve the same

18  property granted a change within the prior 12 months.

19         c.  The proposed amendment does not involve the same

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

21  within the prior 12 months.

22         d.  The proposed amendment does not involve a text

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

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

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

26  scale development activity.

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

28  amendment is not located within an area of critical state

29  concern.

30         f.  If the proposed amendment involves a residential

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

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

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

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

 4  urban infill, urban redevelopment, or downtown revitalization

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

 6  areas designated under s. 163.2517, transportation concurrency

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

 8  regional activity centers and urban central business districts

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

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

11  plan amendment pursuant to this paragraph is not required to

12  comply with the procedures and public notice requirements of

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

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

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

16  request for a plan amendment under this paragraph is initiated

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

18         b.  The local government shall send copies of the

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

20  regional planning council, and any other person or entity

21  requesting a copy.  This information shall also include a

22  statement identifying any property subject to the amendment

23  that is located within a coastal high hazard area as

24  identified in the local comprehensive plan.

25         3.  Small scale development amendments adopted pursuant

26  to this paragraph require only one public hearing before the

27  governing board, which shall be an adoption hearing as

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

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

30  elects to have them subject to those requirements.

31         (d)  Any comprehensive plan amendment required by a

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

 2  approved without regard to statutory limits on the frequency

 3  of adoption of amendments to the comprehensive plan.

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

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

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

 7  frequency of plan amendments.

 8         (f)  Any comprehensive plan amendment that changes the

 9  schedule in the capital improvements element, and any

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

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

12  provided in this subsection when necessary to coincide with

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

14  improvements program.

15         (g)  Any local government comprehensive plan amendments

16  directly related to proposed redevelopment of brownfield areas

17  designated under s. 376.80 may be approved without regard to

18  statutory limits on the frequency of consideration of

19  amendments to the local comprehensive plan.

20         (h)  A comprehensive plan amendment for the purpose of

21  designating an urban infill and redevelopment area under s.

22  163.2517 may be approved without regard to the statutory

23  limits on the frequency of amendments to the comprehensive

24  plan.

25         (i)  Any comprehensive plan amendment to establish

26  public school concurrency pursuant to s. 163.3180(12),

27  including, but not limited to, adoption of a public school

28  facilities element and adoption of amendments to the capital

29  improvements element and intergovernmental coordination

30  element. In order to ensure the consistency of local

31  government public school facilities elements within a county,

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  such elements shall be prepared and adopted on a similar time

 2  schedule.

 3         Section 6.  Subsection (17) of section 187.201, Florida

 4  Statutes, is amended to read:

 5         187.201  State Comprehensive Plan adopted.--The

 6  Legislature hereby adopts as the State Comprehensive Plan the

 7  following specific goals and policies:

 8         (17)  URBAN AND DOWNTOWN REVITALIZATION.--

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

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

11  redevelop developing and redeveloping downtowns to the state's

12  ability to use existing infrastructure and to accommodate

13  growth in an orderly, efficient, and environmentally

14  acceptable manner, Florida shall encourage the centralization

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

16  activities within downtown areas.

17         (b)  Policies.--

18         1.  Provide incentives to encourage private sector

19  investment in the preservation and enhancement of downtown

20  areas.

21         2.  Assist local governments in the planning,

22  financing, and implementation of development efforts aimed at

23  revitalizing distressed downtown areas.

24         3.  Promote state programs and investments which

25  encourage redevelopment of downtown areas.

26         4.  Promote and encourage communities to engage in a

27  redesign step to include public participation of members of

28  the community in envisioning redevelopment goals and design of

29  the community core before redevelopment.

30         5.  Ensure that local governments have adequate

31  flexibility to determine and address their urban priorities

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  within the state urban policy.

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

 3  and transportation planning in state, regional, and local

 4  plans for current and future designated urban areas.

 5         7.  Develop concurrency requirements that do not

 6  compromise public health and safety for urban areas that

 7  promote redevelopment efforts.

 8         8.  Promote processes for the state, general purpose

 9  local governments, school boards, and local community colleges

10  to coordinate and cooperate regarding educational facilities

11  in urban areas, including planning functions, the development

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

13         9.  Encourage the development of mass transit systems

14  for urban centers, including multimodal transportation feeder

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

16  state transportation planning.

17         10.  Locate appropriate public facilities within urban

18  centers to demonstrate public commitment to the centers and to

19  encourage private sector development.

20         11.  Integrate state programs that have been developed

21  to promote economic development and neighborhood

22  revitalization through incentives to promote the development

23  of designated urban infill areas.

24         12.  Promote infill development and redevelopment as an

25  important mechanism to revitalize and sustain urban centers.

26         Section 7.  Paragraph (b) of subsection (19) of section

27  380.06, Florida Statutes, 1998 Supplement, is amended to read:

28         380.06  Developments of regional impact.--

29         (19)  SUBSTANTIAL DEVIATIONS.--

30         (b)  Any proposed change to a previously approved

31  development of regional impact or development order condition

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  which, either individually or cumulatively with other changes,

 2  exceeds any of the following criteria shall constitute a

 3  substantial deviation and shall cause the development to be

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

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

 6  government:

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

 8  attraction or recreational facility by 5 percent or 300

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

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

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

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

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

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

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

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

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

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

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

20  percent or 60 beds, whichever is greater.

21         4.  An increase in industrial development area by 5

22  percent or 32 acres, whichever is greater.

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

24  5 percent or 10 acres, whichever is greater, or an increase in

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

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

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

28  is less.

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

30  5 percent or 6 acres, whichever is greater, or an increase of

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

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  gross square feet, whichever is greater.

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

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

 4  7 million pounds, whichever is greater.

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

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

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

 8  state marina siting plan as an appropriate site for additional

 9  waterport development or a 5-percent increase in watercraft

10  storage capacity, whichever is greater.

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

12  percent or 50 dwelling units, whichever is greater.

13         10.  An increase in commercial development by 6 acres

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

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

16  5-percent increase of any of these, whichever is greater.

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

18  percent or 75 units, whichever is greater.

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

20  5 percent or 100 vehicle spaces, whichever is less.

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

22  5 percent or 20 acres, whichever is less.

23         14.  A proposed increase to an approved multiuse

24  development of regional impact where the sum of the increases

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

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

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

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

29  percent has been reached or exceeded.

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

31  vehicle trips generated by the development above that which

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  was projected during the original

 2  development-of-regional-impact review.

 3         16.  Any change which would result in development of

 4  any area which was specifically set aside in the application

 5  for development approval or in the development order for

 6  preservation or special protection of endangered or threatened

 7  plants or animals designated as endangered, threatened, or

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

 9  or archaeological and historical sites designated as

10  significant by the Division of Historical Resources of the

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

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

13

14  The substantial deviation numerical standards in subparagraphs

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

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

17  403.973 which creates jobs and meets criteria established by

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

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

20  wage and skill levels. The substantial deviation numerical

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

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

23  urban infill and redevelopment area designated on the

24  applicable adopted local comprehensive plan future land use

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

26         Section 8.  Paragraph (b) of subsection (2) of section

27  163.3220, Florida Statutes, is amended to read:

28         163.3220  Short title; legislative intent.--

29         (2)  The Legislature finds and declares that:

30         (b)  Assurance to a developer that upon receipt of his

31  or her development permit or brownfield designation he or she

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  may proceed in accordance with existing laws and policies,

 2  subject to the conditions of a development agreement,

 3  strengthens the public planning process, encourages sound

 4  capital improvement planning and financing, assists in

 5  assuring there are adequate capital facilities for the

 6  development, encourages private participation in comprehensive

 7  planning, and reduces the economic costs of development.

 8         Section 9.  Subsections (1) through (13) of section

 9  163.3221, Florida Statutes, are renumbered as subsections (2)

10  through (14), respectively, and a new subsection (1) is added

11  to said section to read:

12         163.3221  Definitions.--As used in ss.

13  163.3220-163.3243:

14         (1)  "Brownfield designation" means a resolution

15  adopted by a local government pursuant to the Brownfields

16  Redevelopment Act, ss. 376.77-376.85.

17         Section 10.  Subsection (1) of section 163.375, Florida

18  Statutes, is amended to read:

19         163.375  Eminent domain.--

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

21  redevelopment agency pursuant to specific approval of the

22  governing body of the county or municipality which established

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

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

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

26  necessary for, or in connection with, community redevelopment

27  and related activities under this part.  Any county or

28  municipality, or any community redevelopment agency pursuant

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

30  municipality which established the agency, as provided by any

31  county or municipal ordinance may exercise the power of

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

 2  and acts amendatory thereof or supplementary thereto, or it

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

 4  which may be hereafter provided by any other statutory

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

 6  Property in unincorporated enclaves surrounded by the

 7  boundaries of a community redevelopment area may be acquired

 8  when it is determined necessary by the agency to accomplish

 9  the community redevelopment plan. Property already devoted to

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

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

12  political subdivision of the state may be acquired without its

13  consent.

14         Section 11.  Subsection (1) of section 165.041, Florida

15  Statutes, is amended to read:

16         165.041  Incorporation; merger.--

17         (1)(a)  A charter for incorporation of a municipality,

18  except in case of a merger which is adopted as otherwise

19  provided in subsections (2) and (3), shall be adopted only by

20  a special act of the Legislature upon determination that the

21  standards herein provided have been met.

22         (b)  To inform the Legislature on the feasibility of a

23  proposed incorporation of a municipality, a feasibility study

24  shall be completed and submitted to the Legislature 90 days

25  before the first day of the regular session of the Legislature

26  during which in conjunction with a proposed special act for

27  the enactment of the municipal charter would be enacted.  The

28  Such feasibility study shall contain the following:

29         1.  The general location of territory subject to

30  boundary change and a map of the area which identifies the

31  proposed change.

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         2.  The major reasons for proposing the boundary

 2  change.

 3         3.  The following characteristics of the area:

 4         a.  A list of the current land use designations applied

 5  to the subject area in the county comprehensive plan.

 6         b.  A list of the current county zoning designations

 7  applied to the subject area.

 8         c.  A general statement of present land use

 9  characteristics of the area.

10         d.  A description of development being proposed for the

11  territory, if any, and a statement of when actual development

12  is expected to begin, if known.

13         4.  A list of all public agencies, such as local

14  governments, school districts, and special districts, whose

15  current boundary falls within the boundary of the territory

16  proposed for the change or reorganization.

17         5.  A list of current services being provided within

18  the proposed incorporation area, including, but not limited

19  to, water, sewer, solid waste, transportation, public works,

20  law enforcement, fire and rescue, zoning, street lighting,

21  parks and recreation, and library and cultural facilities, and

22  the estimated costs for each current service.

23         6.  A list of proposed services to be provided within

24  the proposed incorporation area, and the estimated cost of

25  such proposed services.

26         7.  The names and addresses of three officers or

27  persons submitting the proposal.

28         8.  Evidence of fiscal capacity and an organizational

29  plan as it relates to the area seeking incorporation that, at

30  a minimum, includes:

31         a.  Existing tax bases, including ad valorem taxable

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  value, utility taxes, sales and use taxes, franchise taxes,

 2  license and permit fees, charges for services, fines and

 3  forfeitures, and other revenue sources, as appropriate.

 4         b.  A 5-year operational plan that, at a minimum,

 5  includes proposed staffing, building acquisition and

 6  construction, debt issuance, and budgets.

 7         9.1.  Data and analysis to support the conclusions that

 8  incorporation is necessary and financially feasible, including

 9  population projections and population density calculations,

10  and an explanation concerning methodologies used for such

11  analysis.

12         10.2.  Evaluation of the alternatives available to the

13  area to address its policy concerns.

14         11.3.  Evidence that the proposed municipality meets

15  the requirements for incorporation pursuant to s. 165.061.

16         (c)  In counties that have adopted a municipal overlay

17  for municipal incorporation pursuant to s. 163.3217, such

18  information shall be submitted to the Legislature in

19  conjunction with any proposed municipal incorporation in the

20  county.  This information should be used to evaluate the

21  feasibility of a proposed municipal incorporation in the

22  geographic area.

23         Section 12.  Section 171.0413, Florida Statutes, is

24  amended to read:

25         171.0413  Annexation procedures.--Any municipality may

26  annex contiguous, compact, unincorporated territory in the

27  following manner:

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

29  contiguous, compact, unincorporated territory shall be adopted

30  by the governing body of the annexing municipality pursuant to

31  the procedure for the adoption of a nonemergency ordinance

                                  33
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

 2  ordinance of annexation, the local governing body shall hold

 3  at least two advertised public hearings.  The first public

 4  hearing shall be on a weekday at least 7 days after the day

 5  that the first advertisement is published. The second public

 6  hearing shall be held on a weekday at least 5 days after the

 7  day that the second advertisement is published.  Each such

 8  ordinance shall propose only one reasonably compact area to be

 9  annexed.  However, prior to the ordinance of annexation

10  becoming effective, a referendum on annexation shall be held

11  as set out below, and, if approved by the referendum, the

12  ordinance shall become effective 10 days after the referendum

13  or as otherwise provided in the ordinance, but not more than 1

14  year following the date of the referendum.

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

16  annexation by the governing body of the annexing municipality,

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

18  electors of the area proposed to be annexed. The governing

19  body of the annexing municipality may also choose to submit

20  the ordinance of annexation to a separate vote of the

21  registered electors of the annexing municipality.  If the

22  proposed ordinance would cause the total area annexed by a

23  municipality pursuant to this section during any one calendar

24  year period cumulatively to exceed more than 5 percent of the

25  total land area of the municipality or cumulatively to exceed

26  more than 5 percent of the municipal population, the ordinance

27  shall be submitted to a separate vote of the registered

28  electors of the annexing municipality and of the area proposed

29  to be annexed. The referendum on annexation shall be called

30  and conducted and the expense thereof paid by the governing

31  body of the annexing municipality.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

 2  next regularly scheduled election following the final adoption

 3  of the ordinance of annexation by the governing body of the

 4  annexing municipality or at a special election called for the

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

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

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

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

 9  annexing municipality.

10         (b)  The governing body of the annexing municipality

11  shall publish notice of the referendum on annexation at least

12  once each week for 2 consecutive weeks immediately preceding

13  the date of the referendum in a newspaper of general

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

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

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

17  the area proposed to be annexed.  The description shall

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

19  the complete legal description by metes and bounds and the

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

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

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

23  the ordinance of annexation and a description of the property

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

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

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

27  referendum on annexation shall offer the choice "For

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

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

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

31  that order.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





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

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

 3  ordinance is submitted to a separate vote of the registered

 4  electors of the annexing municipality and the area proposed to

 5  be annexed and there is a separate majority vote for

 6  annexation in the annexing municipality and in the area

 7  proposed to be annexed, the ordinance of annexation shall

 8  become effective on the effective date specified therein. If

 9  there is any majority vote against annexation, the ordinance

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

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

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

13  date of the referendum on annexation.

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

15  individual, corporation, or legal entity, or owned

16  collectively by one or more individuals, corporations, or

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

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

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

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

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

22  nothing herein contained shall be construed as affecting the

23  validity or enforceability of any ordinance declaring an

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

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

26  such property may waive the requirements of this subsection if

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

28  in said annexation.

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

30  annexation procedure as set forth in this section shall

31  constitute a uniform method for the adoption of an ordinance

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  of annexation by the governing body of any municipality in

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

 3  establish municipal annexation procedures are repealed hereby;

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

 5  which prohibit annexation of territory that is separated from

 6  the annexing municipality by a body of water or watercourse

 7  shall not be repealed.

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

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

10  or legal entities which are not registered electors of such

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

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

13  annexation.  Such consent shall be obtained by the parties

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

15  the annexation.

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

17  area proposed to be annexed does not have any registered

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

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

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

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

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

23  annexed consent to the annexation. If the governing body does

24  not choose to hold a referendum of the annexing municipality

25  is not required as well pursuant to subsection (2), then the

26  property owner consents required pursuant to subsection (5)

27  shall be obtained by the parties proposing the annexation

28  prior to the final adoption of the ordinance, and the

29  annexation ordinance shall be effective upon becoming a law or

30  as otherwise provided in the ordinance.

31         Section 13.  Efficiency and accountability in local

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  government services.--

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

 3  encourage a process that will:

 4         (a)  Allow municipalities and counties to resolve

 5  conflicts among local jurisdictions regarding the delivery and

 6  financing of local services.

 7         (b)  Increase local government efficiency and

 8  accountability.

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

10  revenue sources for local governments involved in the process.

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

12  municipalities therein, may use the procedures provided by

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

14  efficiency, accountability, and coordination of the delivery

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

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

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

18  resolutions adopted by a majority vote of the governing bodies

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

20  resolutions adopted by a majority vote of the governing bodies

21  of the municipality or combination of municipalities

22  representing a majority of the municipal population of each

23  county. The resolution shall create a commission which will be

24  responsible for developing the plan.  The resolution shall

25  specify the composition of the commission, which shall include

26  representatives of county and municipal governments, of any

27  affected special districts, and of any other relevant local

28  government entities or agencies.  The resolution must include

29  a proposed timetable for development of the plan and must

30  specify the local government support and personnel services

31  that will be made available to the representatives developing

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  the plan.

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

 3  provided in subsection (2), the designated representatives

 4  shall develop a plan for delivery of local government

 5  services. The plan must:

 6         (a)  Designate the areawide and local government

 7  services that are the subject of the plan.

 8         (b)  Describe the existing organization of such

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

10  reorganization of such services and the financing thereof that

11  will meet the goals of this section.

12         (c)  Designate the local agency that should be

13  responsible for the delivery of each service.

14         (d)  Designate those services that should be delivered

15  regionally or countywide. No provision of the plan shall

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

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

18  the services designated for regional or countywide delivery

19  under this paragraph.

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

21  local services and enhance the accountability of service

22  providers.

23         (f)  Include a multiyear capital outlay plan for

24  infrastructure.

25         (g)  Specifically describe any expansion of municipal

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

27  area proposed to be annexed must meet the standards for

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

29  shall not contain any provision for contraction of municipal

30  boundaries or elimination of any municipality.

31         (h)  Provide specific procedures for modification or

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  termination of the plan.

 2         (i)  Specify any special act modifications which must

 3  be made to effectuate the plan.

 4         (j)  Specify the effective date of the plan.

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

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

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

 8  for the local governments participating in the plan.

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

10  section shall restrict the authority of any state or regional

11  governmental agency to perform any duty required to be

12  performed by that agency by law.

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

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

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

16  governing bodies of a majority of municipalities in each

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

18  municipality or municipalities that represent a majority of

19  the municipal population of each county.

20         (b)  After approval by the county and municipal

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

22  be submitted for referendum approval in a countywide election

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

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

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

26  the municipalities that represent a majority of the municipal

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

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

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

30         (6)  If the plan calls for merger or dissolution of

31  special districts, such merger or dissolution shall comply

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  with the provisions of chapter 189, Florida Statutes.

 2         (7)  If a plan developed pursuant to this section

 3  includes areas proposed for municipal annexation which meet

 4  the standards for annexation provided in chapter 171, Florida

 5  Statutes, such annexation shall take effect upon approval of

 6  the plan as provided in this section, notwithstanding the

 7  procedures for approval of municipal annexation specified in

 8  chapter 171, Florida Statutes.

 9         Section 14.  Subsection (2) of section 170.201, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         170.201  Special assessments.--

12         (2)  Property owned or occupied by a religious

13  institution and used as a place of worship or education; by a

14  public or private elementary, middle, or high school; or by a

15  governmentally financed, insured, or subsidized housing

16  facility that is used primarily for persons who are elderly or

17  disabled shall be exempt from any special assessment levied by

18  a municipality to fund any service emergency medical services

19  if the municipality so desires.  As used in this subsection,

20  the term "religious institution" means any church, synagogue,

21  or other established physical place for worship at which

22  nonprofit religious services and activities are regularly

23  conducted and carried on and the term "governmentally

24  financed, insured, or subsidized housing facility" means a

25  facility that is financed by a mortgage loan made or insured

26  by the United States Department of Housing and Urban

27  Development under s. 8, s. 202, s. 221(d)(3) or (4), s. 232,

28  or s. 236 of the National Housing Act and is owned or operated

29  by an entity that qualifies as an exempt charitable

30  organization under s. 501(c)(3) of the Internal Revenue Code.

31         Section 15.  Section 196.1978, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  created to read:

 2         196.1978  Low-income housing property

 3  exemption.--Property used to provide housing pursuant to any

 4  state housing program authorized under chapter 420 to

 5  low-income or very-low-income persons as defined by s.

 6  420.0004, which property is owned entirely by a nonprofit

 7  corporation which is qualified as charitable under s.

 8  501(c)(3) of the Internal Revenue Code and which complies with

 9  Rev. Proc. 96-32, 1996-1 C.B. 717, shall be considered

10  property owned by an exempt entity and used for a charitable

11  purpose, and such property shall be exempt from ad valorem

12  taxation to the extent authorized in s. 196.196. All property

13  identified in this section shall comply with the criteria for

14  determination of exempt status to be applied by property

15  appraisers on an annual basis as defined in s. 196.195.

16         Section 16.  Subsection (10) of section 220.02, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         220.02  Legislative intent.--

19         (10)  It is the intent of the Legislature that credits

20  against either the corporate income tax or the franchise tax

21  be applied in the following order: those enumerated in s.

22  220.68, those enumerated in s. 220.18, those enumerated in s.

23  631.828, those enumerated in s. 220.191, those enumerated in

24  s. 220.181, those enumerated in s. 220.183, those enumerated

25  in s. 220.182, those enumerated in s. 220.1895, those

26  enumerated in s. 221.02, those enumerated in s. 220.184, those

27  enumerated in s. 220.186, those enumerated in s. 220.188,

28  those enumerated in s. 220.1845, and those enumerated in s.

29  220.19, and those enumerated in s. 220.185.

30         Section 17.  Effective July 1, 2000, subsection (10) of

31  section 220.02, Florida Statutes, 1998 Supplement, as amended

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  by chapter 98-132, Laws of Florida, is amended to read:

 2         220.02  Legislative intent.--

 3         (10)  It is the intent of the Legislature that credits

 4  against either the corporate income tax or the franchise tax

 5  be applied in the following order: those enumerated in s.

 6  220.18, those enumerated in s. 631.828, those enumerated in s.

 7  220.191, those enumerated in s. 220.181, those enumerated in

 8  s. 220.183, those enumerated in s. 220.182, those enumerated

 9  in s. 220.1895, those enumerated in s. 221.02, those

10  enumerated in s. 220.184, those enumerated in s. 220.186,

11  those enumerated in s. 220.188, those enumerated in s.

12  220.1845, and those enumerated in s. 220.19, and those

13  enumerated in s. 220.185.

14         Section 18.  Paragraph (a) of subsection (1) of section

15  220.13, Florida Statutes, 1998 Supplement, is amended to read:

16         220.13  "Adjusted federal income" defined.--

17         (1)  The term "adjusted federal income" means an amount

18  equal to the taxpayer's taxable income as defined in

19  subsection (2), or such taxable income of more than one

20  taxpayer as provided in s. 220.131, for the taxable year,

21  adjusted as follows:

22         (a)  Additions.--There shall be added to such taxable

23  income:

24         1.  The amount of any tax upon or measured by income,

25  excluding taxes based on gross receipts or revenues, paid or

26  accrued as a liability to the District of Columbia or any

27  state of the United States which is deductible from gross

28  income in the computation of taxable income for the taxable

29  year.

30         2.  The amount of interest which is excluded from

31  taxable income under s. 103(a) of the Internal Revenue Code or

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  any other federal law, less the associated expenses disallowed

 2  in the computation of taxable income under s. 265 of the

 3  Internal Revenue Code or any other law, excluding 60 percent

 4  of any amounts included in alternative minimum taxable income,

 5  as defined in s. 55(b)(2) of the Internal Revenue Code, if the

 6  taxpayer pays tax under s. 220.11(3).

 7         3.  In the case of a regulated investment company or

 8  real estate investment trust, an amount equal to the excess of

 9  the net long-term capital gain for the taxable year over the

10  amount of the capital gain dividends attributable to the

11  taxable year.

12         4.  That portion of the wages or salaries paid or

13  incurred for the taxable year which is equal to the amount of

14  the credit allowable for the taxable year under s. 220.181.

15  The provisions of this subparagraph shall expire and be void

16  on June 30, 2005.

17         5.  That portion of the ad valorem school taxes paid or

18  incurred for the taxable year which is equal to the amount of

19  the credit allowable for the taxable year under s. 220.182.

20  The provisions of this subparagraph shall expire and be void

21  on June 30, 2005.

22         6.  The amount of emergency excise tax paid or accrued

23  as a liability to this state under chapter 221 which tax is

24  deductible from gross income in the computation of taxable

25  income for the taxable year.

26         7.  That portion of assessments to fund a guaranty

27  association incurred for the taxable year which is equal to

28  the amount of the credit allowable for the taxable year.

29         8.  In the case of a nonprofit corporation which holds

30  a pari-mutuel permit and which is exempt from federal income

31  tax as a farmers' cooperative, an amount equal to the excess

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  of the gross income attributable to the pari-mutuel operations

 2  over the attributable expenses for the taxable year.

 3         9.  The amount taken as a credit for the taxable year

 4  under s. 220.1895.

 5         10.  Up to nine percent of the eligible basis of any

 6  designated project which is equal to the credit allowable for

 7  the taxable year under s. 220.185.

 8         Section 19.  Section 220.185, Florida Statutes, is

 9  created to read:

10         220.185  State housing tax credit.--

11         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that:

12         (a)  There exist within the urban areas of the state

13  conditions of blight evidenced by extensive deterioration of

14  public and private facilities, abandonment of sound

15  structures, and high unemployment, and these conditions impede

16  the conservation and development of healthy, safe, and

17  economically viable communities.

18         (b)  Deterioration of housing and industrial,

19  commercial, and public facilities contributes to the decline

20  of neighborhoods and communities and leads to the loss of

21  their historic character and the sense of community which this

22  inspires; reduces the value of property comprising the tax

23  base of local communities; discourages private investment; and

24  requires a disproportionate expenditure of public funds for

25  the social services, unemployment benefits, and police

26  protection required to combat the social and economic problems

27  found in urban communities.

28         (c)  In order to ultimately restore social and economic

29  viability to urban areas, it is necessary to renovate or

30  construct new infrastructure and housing, including housing

31  specifically targeted for the elderly, and to specifically

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  provide mechanisms to attract and encourage private economic

 2  activity.

 3         (d)  The various local governments and other

 4  redevelopment organizations now undertaking physical

 5  revitalization projects and new housing developments in urban

 6  areas are limited by tightly constrained budgets and

 7  inadequate resources.

 8         (e)  In order to significantly improve revitalization

 9  efforts by local governments and community development

10  organizations and to retain as much of the historic character

11  of our communities as possible, it is necessary to provide

12  additional resources, and the participation of private

13  enterprise in revitalization efforts is an effective means for

14  accomplishing that goal.

15         (2)  POLICY AND PURPOSE.--It is the policy of this

16  state to encourage the participation of private corporations

17  in revitalization projects within urban areas. The purpose of

18  this section is to provide an incentive for such participation

19  by granting state corporate income tax credits to qualified

20  low-income housing projects, including housing specifically

21  designed for the elderly, and associated mixed-use projects.

22  The Legislature thus declares this a public purpose for which

23  public money may be borrowed, expended, loaned, and granted.

24         (3)  DEFINITIONS.--As used in this section, the term:

25         (a)  "Credit period" means the period of 5 years

26  beginning with the year the project is completed.

27         (b)  "Eligible basis" means a project's adjusted basis

28  of the housing portion of the qualified project as of the

29  close of the first taxable year of the credit period.

30         (c)  "Adjusted basis" means the owner's adjusted basis

31  in the project, calculated in a manner consistent with the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  calculation of basis under the Internal Revenue Code, taking

 2  into account the adjusted basis of property of a character

 3  subject to the allowance for depreciation used in common areas

 4  or provided as comparable amenities to the entire project.

 5         (d)  "Designated project" means a qualified project

 6  designated pursuant to s. 420.5093 to receive the tax credit

 7  under this section.

 8         (e)  "Qualified project" means a project located in an

 9  urban infill area, at least 50 percent of which, on a cost

10  basis, consists of a qualified low-income project within the

11  meaning of s. 42(g) of the Internal Revenue Code, including

12  such projects designed specifically for the elderly but

13  excluding any income restrictions imposed pursuant to s. 42(g)

14  of the Internal Revenue Code upon residents of the project

15  unless such restrictions are otherwise established by the

16  Florida Housing Finance Corporation pursuant to s. 420.5093,

17  and the remainder of which constitutes commercial or

18  single-family residential development consistent with and

19  serving to complement the qualified low-income project.

20         (f)  "Urban infill area" means an area designated for

21  urban infill as defined by s. 163.3164 or as defined through a

22  statewide urban infill study solicited and approved by the

23  Board of Directors of the Florida Housing Finance Corporation.

24         (4)  AUTHORIZATION TO GRANT STATE HOUSING TAX CREDITS;

25  LIMITATION.--

26         (a)  There shall be allowed a credit of up to 9

27  percent, but no more than necessary to make the project

28  feasible, of the eligible basis of any designated project for

29  each year of the credit period against any tax due for a

30  taxable year under this chapter.

31         (b)  The total amount of tax credit which may be

                                  47
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  granted for all projects approved under this section is $5

 2  million annually, for each of 5 years.

 3         (c)  The tax credit shall be allocated among designated

 4  projects by the Florida Housing Finance Corporation as

 5  provided in s. 420.5093.

 6         (d)  Each designated project must comply with the

 7  applicable provisions of s. 42 of the Internal Revenue Code

 8  with respect to the multifamily residential rental housing

 9  element of the project, including specifically the provisions

10  of s. 42(h)(6).

11         (e)  A tax credit shall be allocated to a designated

12  project and shall not be subject to transfer by the recipient

13  unless the transferee is also an owner of the designated

14  project.

15         Section 20.  Section 420.5093, Florida Statutes, is

16  created to read:

17         420.5093  State Housing Tax Credit Program.--

18         (1)  There is created the State Housing Tax Credit

19  Program for the purposes of stimulating creative private

20  sector initiatives to increase the supply of affordable

21  housing in urban areas, including specifically housing for the

22  elderly, and to provide associated commercial facilities

23  associated with such housing facilities.

24         (2)  The Florida Housing Finance Corporation shall

25  determine those qualified projects which shall be considered

26  designated projects under s. 220.185 and eligible for the

27  corporate tax credit under that section. The corporation shall

28  establish procedures necessary for proper allocation and

29  distribution of state housing tax credits, including the

30  establishment of criteria for any single-family or commercial

31  component of a project, and may exercise all powers necessary

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  to administer the allocation of such credits. The board of

 2  directors of the corporation shall administer the allocation

 3  procedures and determine allocations on behalf of the

 4  corporation. The corporation shall prepare an annual plan,

 5  which must be approved by the Governor, containing general

 6  guidelines for the allocation and distribution of credits to

 7  designated projects.

 8         (3)  The corporation shall adopt allocation procedures

 9  that will ensure the maximum use of available tax credits in

10  order to encourage development of low-income housing and

11  associated mixed-use projects in urban areas, taking into

12  consideration the timeliness of the application, the location

13  of the proposed project, the relative need in the area of

14  revitalization and low-income housing and the availability of

15  such housing, the economic feasibility of the project, and the

16  ability of the applicant to proceed to completion of the

17  project in the calendar year for which the credit is sought.

18         (4)(a)  A taxpayer who wishes to participate in the

19  State Housing Tax Credit Program must submit an application

20  for tax credit to the corporation. The application shall

21  identify the project and its location and include evidence

22  that the project is a qualified project as defined in s.

23  220.185. The corporation may request any information from an

24  applicant necessary to enable the corporation to make tax

25  credit allocations according to the guidelines set forth in

26  subsection (3).

27         (b)  The corporation's approval of an applicant as a

28  designated project shall be in writing and shall include a

29  statement of the maximum credit allowable to the applicant. A

30  copy of this approval shall be transmitted to the executive

31  director of the Department of Revenue, who shall apply the tax

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  credit to the tax liability of the applicant.

 2         (5)  For purposes of implementing this program and

 3  assessing the property for ad valorem taxation under s.

 4  193.011, neither the tax credits nor financing generated by

 5  tax credits shall be considered as income to the property, and

 6  the rental income from rent-restricted units in a state

 7  housing tax credit development shall be recognized by the

 8  property appraiser.

 9         (6)  The corporation is authorized to expend fees

10  received in conjunction with the allocation of state housing

11  tax credits only for the purpose of administration of the

12  program, including private legal services which relate to

13  interpretation of s. 42 of the Internal Revenue Code.

14         Section 21.  Subsection (19) of section 420.503,

15  Florida Statutes, 1998 Supplement, is amended to read:

16         420.503  Definitions.--As used in this part, the term:

17         (19)  "Housing for the elderly" means, for purposes of

18  s. 420.5087(3)(c)2., any nonprofit housing community that is

19  financed by a mortgage loan made or insured by the United

20  States Department of Housing and Urban Development under s.

21  202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s.

22  236 of the National Housing Act, as amended, and that is

23  subject to income limitations established by the United States

24  Department of Housing and Urban Development, or any program

25  funded by the Rural Development Agency of the United States

26  Department of Agriculture and subject to income limitations

27  established by the United States Department of Agriculture. A

28  project which qualifies for an exemption under the Fair

29  Housing Act as housing for older persons as defined by s.

30  760.29(4) shall qualify as housing for the elderly for

31  purposes of s. 420.5087(3)(c)2. In addition, if the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  corporation adopts a qualified allocation plan pursuant to s.

 2  42(m)(1)(B) of the Internal Revenue Code or any other rules

 3  that prioritize projects targeting the elderly for purposes of

 4  allocating tax credits pursuant to s. 420.5099 or for purposes

 5  of the HOME program under s. 420.5089, a project which

 6  qualifies for an exemption under the Fair Housing Act as

 7  housing for older persons as defined by s. 760.29(4) shall

 8  qualify as a project targeted for the elderly, if the project

 9  satisfies the other requirements set forth in this part.

10         Section 22.  Subsections (1) and (5) of section

11  420.5087, Florida Statutes, 1998 Supplement, are amended to

12  read:

13         420.5087  State Apartment Incentive Loan

14  Program.--There is hereby created the State Apartment

15  Incentive Loan Program for the purpose of providing first,

16  second, or other subordinated mortgage loans or loan

17  guarantees to sponsors, including for-profit, nonprofit, and

18  public entities, to provide housing affordable to

19  very-low-income persons.

20         (1)  Program funds shall be distributed over successive

21  3-year periods in a manner that meets the need and demand for

22  very-low-income housing throughout the state.  That need and

23  demand must be determined by using the most recent statewide

24  low-income rental housing market studies available at the

25  beginning of each 3-year period.  However, at least 10 percent

26  of the program funds distributed during a 3-year period must

27  be allocated to each of the following categories of counties,

28  as determined by using the population statistics published in

29  the most recent edition of the Florida Statistical Abstract:

30         (a)  Counties that have a population of more than

31  500,000 people;

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         (b)  Counties that have a population between 100,000

 2  and 500,000 people; and

 3         (c)  Counties that have a population of 100,000 or

 4  less.

 5

 6  Any increase in funding required to reach the 10-percent

 7  minimum shall be taken from the county category that has the

 8  largest allocation. The corporation shall adopt rules which

 9  establish an equitable process for distributing any portion of

10  the 10 percent of program funds allocated to the county

11  categories specified in this subsection which remains

12  unallocated at the end of a 3-year period.  Counties that have

13  a population of 100,000 or less shall be given preference

14  under these rules.

15         (5)  The amount of the mortgage provided under this

16  program combined with any other mortgage in a superior

17  position shall be less than the value of the project without

18  the housing set-aside required by subsection (2). However, the

19  corporation may waive this requirement for projects in rural

20  areas or urban infill areas which have market rate rents that

21  are less than the allowable rents pursuant to applicable state

22  and federal guidelines. In no event shall the mortgage

23  provided under this program combined with any other mortgage

24  in a superior position exceed total project cost.

25         Section 23.  Sections 420.630, 420.631, 420.632,

26  420.633, 420.634, and 420.635, Florida Statutes, are created

27  to read:

28         420.630  Short title.--Sections 420.630-420.635 may be

29  cited as the "Urban Homesteading Act."

30         420.631  Definitions.--As used in ss. 420.630-420.635:

31         (1)  "Authority" or "housing authority" means any of

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  the public corporations created under s. 421.04.

 2         (2)  "Department" means the Department of Community

 3  Affairs.

 4         (3)  "Homestead agreement" means a written contract

 5  between a local government or its designee and a qualified

 6  buyer which contains the terms under which the qualified buyer

 7  may acquire a single-family housing property.

 8         (4)  "Local government" means any county or

 9  incorporated municipality within this state.

10         (5)  "Designee" means a housing authority appointed by

11  a local government, or a nonprofit community organization

12  appointed by a local government, to administer the urban

13  homesteading program for single-family housing under ss.

14  420.630-420.635.

15         (6)  "Nonprofit community organization" means an

16  organization that is exempt from taxation under s. 501(c)(3)

17  of the Internal Revenue Code. 

18         (7)  "Office" means the Office of Urban Opportunity

19  within the Office of Tourism, Trade, and Economic Development.

20         (8)  "Qualified buyer" means a person who meets the

21  criteria under s. 420.633.

22         (9)  "Qualified loan rate" means an interest rate that

23  does not exceed the interest rate charged for home improvement

24  loans by the Federal Housing Administration under Title I of

25  the National Housing Act, ch. 847, 48 Stat. 1246, or 12 U.S.C.

26  ss. 1702, 1703, 1705, and 1706b et seq.

27         420.632  Authority to operate.--By resolution, subject

28  to federal and state law, and in consultation with the Office

29  of Urban Opportunity, a local government or its designee may

30  operate a program that makes foreclosed single-family housing

31  properties available to qualified buyers to purchase. This

                                  53
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  urban homesteading program is intended to be one component of

 2  a comprehensive urban-core redevelopment initiative known as

 3  Front Porch Florida, implemented by the Office of Urban

 4  Opportunity.

 5         420.633  Eligibility.--An applicant is eligible to

 6  enter into a homestead agreement to acquire single-family

 7  housing property as a qualified buyer under ss.

 8  420.630-420.635 if:

 9         (1)  The applicant or his or her spouse is employed and

10  has been employed for the immediately preceding 12 months;

11         (2)  The applicant or his or her spouse has not been

12  convicted of a drug-related felony within the immediately

13  preceding 3 years;

14         (3)  All school-age children of the applicant or his or

15  her spouse who will reside in the single-family housing

16  property attend school regularly; and

17         (4)  The applicant and his or her spouse have incomes

18  below the median for the state, as determined by the United

19  States Department of Housing and Urban Development, for

20  families with the same number of family members as the

21  applicant and his or her spouse.

22         420.634  Application process; deed to qualified

23  buyer.--

24         (1)  A qualified buyer may apply to a local government

25  or its designee to acquire single-family housing property. The

26  application must be in a form and in a manner provided by the

27  local government or its designee. If the application is

28  approved, the qualified buyer and the local government or its

29  designee shall enter into a homestead agreement for the

30  single-family housing property. The local government or its

31  designee may add additional terms and conditions to the

                                  54
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  homestead agreement.

 2         (2)  The local government or its designee shall deed or

 3  cause to be deeded the single-family housing property to the

 4  qualified buyer for $1 if the qualified buyer:

 5         (a)  Is in compliance with the terms of the homestead

 6  agreement for at least 5 years or has resided in the

 7  single-family housing property before the local government or

 8  its designee adopts the urban homesteading program;

 9         (b)  Resides in that property for at least 5 years;

10         (c)  Meets the criteria in the homestead agreement; and

11         (d)  Has otherwise promptly met his or her financial

12  obligations with the local government or its designee.

13

14  However, if the local government or its designee has received

15  federal funds for which bonds or notes were issued and those

16  bonds or notes are outstanding for the housing project where

17  the single-family housing property is located, the local

18  government or its designee shall deed the property to the

19  qualified buyer only upon payment of the pro rata share of the

20  bonded debt on that specific property by the qualified buyer.

21  The local government or its designee shall obtain the

22  appropriate releases from the holders of the bonds or notes.

23         420.635  Loans to qualified buyers.--Contingent upon an

24  appropriation, the department, in consultation with the Office

25  of Urban Opportunity, shall provide loans to qualified buyers

26  who are required to pay the pro rata portion of the bonded

27  debt on single-family housing pursuant to s. 420.634. Loans

28  provided under this section shall be made at a rate of

29  interest which does not exceed the qualified loan rate. A

30  buyer must maintain the qualifications specified in s. 420.633

31  for the full term of the loan. The loan agreement may contain

                                  55
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  additional terms and conditions as determined by the

 2  department.

 3         Section 24.  Subsection (8) of section 235.193, Florida

 4  Statutes, 1998 Supplement, is amended to read:

 5         235.193  Coordination of planning with local governing

 6  bodies.--

 7         (8)  Existing schools shall be considered consistent

 8  with the applicable local government comprehensive plan

 9  adopted under part II of chapter 163. The collocation of a new

10  proposed public educational facility with an existing public

11  educational facility, or the expansion of an existing public

12  educational facility is not inconsistent with the local

13  comprehensive plan, if the site is consistent with the

14  comprehensive plan's future land use policies and categories

15  in which public schools are identified as allowable uses, and

16  levels of service adopted by the local government for any

17  facilities affected by the proposed location for the new

18  facility are maintained. If a board submits an application to

19  expand an existing school site, the local governing body may

20  impose reasonable development standards and conditions on the

21  expansion only, and in a manner consistent with s.235.34(1).

22  Standards and conditions may not be imposed which conflict

23  with those established in this chapter or the State Uniform

24  Building Code, unless mutually agreed. Local government review

25  or approval is not required for:

26         (a)  The placement of temporary or portable classroom

27  facilities; or

28         (b)  Proposed renovation or construction on existing

29  school sites, with the exception of construction that changes

30  the primary use of a facility, includes stadiums, or results

31  in a greater than 5 percent increase in student capacity, or

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  as mutually agreed.

 2         Section 25.  Section 2 of Senate Bill 182, enacted in

 3  the 1999 Regular Session of the Legislature, is amended to

 4  read:

 5         Section 2.  This act shall take effect July 1, 1999 on

 6  the effective date of Senate Bill 178, relating to wireless

 7  emergency 911 telephone service, but it shall not take effect

 8  unless it is enacted by at least a three fifths vote of the

 9  membership of each house of the Legislature.

10         Section 26.  The sum of $5 million is appropriated from

11  the General Revenue Fund to the Department of Community

12  Affairs for the purpose of funding the Urban Infill and

13  Redevelopment Grant Program under section 163.2523, Florida

14  Statutes.

15         Section 27.  The sum of $5 million is appropriated from

16  the General Revenue Fund to the Department of Community

17  Affairs for the purpose of funding the state housing tax

18  credit as provided in section 220.185, Florida Statutes.

19         Section 28.  Before December 31, 1999, any municipality

20  an area of which has previously received designation as an

21  Enterprise Zone in the population category described in

22  section 290.0065(3)(a)3., Florida Statutes, may create a

23  satellite enterprise zone not exceeding 1.5 square miles in

24  area outside of and, notwithstanding anything contained in

25  section 290.0055(4), Florida Statutes, or any other law, in

26  addition to the previously designated enterprise zone

27  boundaries. The Office of Tourism, Trade, and Economic

28  Development shall amend the boundaries of the areas previously

29  designated by any such municipality as enterprise zones upon

30  receipt of a resolution adopted by the municipality describing

31  the satellite enterprise zone areas, as long as the additional

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  areas are consistent with the categories, criteria, and

 2  limitations imposed by section 290.0055, Florida Statutes.

 3  However, the requirements imposed by section 290.0055(4)(d),

 4  Florida Statutes, do not apply to such satellite enterprise

 5  zone areas.

 6         Section 29.  This act shall take effect July 1, 1999.

 7

 8

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

10  And the title is amended as follows:

11         Delete everything before the enacting clause,

12

13  and insert:

14                  A bill to be entitled

15         An act relating to community revitalization;

16         creating ss. 163.2511, 163.2514, 163.2517,

17         163.2520, 163.2523, and 163.2526, F.S., the

18         Growth Policy Act; providing legislative

19         findings; providing definitions; authorizing

20         counties and municipalities to designate urban

21         infill and redevelopment areas based on

22         specified criteria; providing for community and

23         neighborhood participation; requiring

24         preparation of a plan or designation of an

25         existing plan and providing requirements with

26         respect thereto; providing for amendment of the

27         local comprehensive plan to delineate area

28         boundaries; providing for adoption of the plan

29         by ordinance; providing requirements for

30         continued eligibility for economic and

31         regulatory incentives and providing that such

                                  58
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         incentives may be rescinded if the plan is not

 2         implemented; providing that counties and

 3         municipalities that have adopted such plan may

 4         issue revenue bonds and employ tax increment

 5         financing under the Community Redevelopment Act

 6         and exercise powers granted to community

 7         redevelopment neighborhood improvement

 8         districts; requiring a report by certain state

 9         agencies; providing that such areas shall have

10         priority in the allocation of private activity

11         bonds; providing a program for grants to

12         counties and municipalities with urban infill

13         and redevelopment areas; providing for review

14         and evaluation of the act and requiring a

15         report; amending s. 163.3164, F.S.; revising

16         the definition of "projects that promote public

17         transportation" under the Local Government

18         Comprehensive Planning and Land Development

19         Regulation Act; amending s. 163.3177, F.S.;

20         modifying the date by which local government

21         comprehensive plans must comply with school

22         siting requirements, and the consequences of

23         failure to comply; amending s. 163.3180, F.S.;

24         specifying that the concurrency requirement

25         applies to transportation facilities; providing

26         requirements with respect to measuring level of

27         service for specified transportation modes and

28         multimodal analysis; providing that the

29         concurrency requirement does not apply to

30         public transit facilities; authorizing

31         exemptions from the transportation facilities

                                  59
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         concurrency requirement for developments

 2         located in an urban infill and redevelopment

 3         area; revising requirements for establishment

 4         of level-of-service standards for certain

 5         facilities on the Florida Intrastate Highway

 6         System; providing that a multiuse development

 7         of regional impact may satisfy certain

 8         transportation concurrency requirements by

 9         payment of a proportionate-share contribution

10         for traffic impacts under certain conditions;

11         authorizing establishment of multimodal

12         transportation districts in certain areas under

13         a local comprehensive plan, providing for

14         certain multimodal level-of-service standards,

15         and providing requirements with respect

16         thereto; providing for issuance of development

17         permits; authorizing reduction of certain fees

18         for development in such districts; amending s.

19         163.3187, F.S.; providing that comprehensive

20         plan amendments to designate urban infill and

21         redevelopment areas are not subject to

22         statutory limits on the frequency of plan

23         amendments; including such areas within certain

24         limitations relating to small scale development

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

26         including policies relating to urban policy in

27         the State Comprehensive Plan; amending s.

28         380.06, F.S., relating to developments of

29         regional impact; increasing certain numerical

30         standards for determining a substantial

31         deviation for projects located in certain urban

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         infill and redevelopment areas; amending ss.

 2         163.3220 and 163.3221, F.S.; revising

 3         legislative intent with respect to the Florida

 4         Local Government Development Agreement Act to

 5         include intent with respect to certain

 6         assurance to a developer upon receipt of a

 7         brownfield designation; amending s. 163.375,

 8         F.S.; authorizing acquisition by eminent domain

 9         of property in unincorporated enclaves

10         surrounded by a community redevelopment area

11         when necessary to accomplish a community

12         development plan; amending s. 165.041, F.S.;

13         specifying the date for submission to the

14         Legislature of a feasibility study in

15         connection with a proposed municipal

16         incorporation and revising requirements for

17         such study; amending s. 171.0413, F.S.,

18         relating to municipal annexation procedures;

19         requiring public hearings; deleting a

20         requirement that a separate referendum be held

21         in the annexing municipality when the

22         annexation exceeds a certain size and providing

23         that the governing body may choose to hold such

24         a referendum; providing procedures by which a

25         county or combination of counties and the

26         municipalities therein may develop and adopt a

27         plan to improve the efficiency, accountability,

28         and coordination of the delivery of local

29         government services; providing for initiation

30         of the process by resolution; providing

31         requirements for the plan; requiring approval

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         by the local governments' governing bodies and

 2         by referendum; authorizing municipal annexation

 3         through such plan; amending s. 170.201, F.S.;

 4         revising provisions which authorize a

 5         municipality to exempt property owned or

 6         occupied by certain religious or educational

 7         institutions or housing facilities from special

 8         assessments for emergency medical services;

 9         extending application of such provisions to any

10         service; creating s. 196.1978, F.S.; providing

11         that property used to provide housing for

12         certain persons under ch. 420, F.S., and owned

13         by certain nonprofit corporations is exempt

14         from ad valorem taxation; amending s. 220.02,

15         F.S.; amending the list specifying the order in

16         which credits against the corporate income tax

17         or the franchise tax must be applied, to

18         conform to changes made by this act; amending

19         s. 220.13, F.S.; amending the term "adjusted

20         federal income," to conform to changes made by

21         this act; creating ss. 220.185 and 420.5093,

22         F.S.; creating the State Housing Tax Credit

23         Program; providing legislative findings and

24         policy; providing definitions; providing for a

25         credit against the corporate income tax in an

26         amount equal to a percentage of the eligible

27         basis of certain housing projects; providing a

28         limitation; providing for allocation of credits

29         and administration by the Florida Housing

30         Finance Corporation; providing for an annual

31         plan; providing application procedures;

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         providing that neither tax credits nor

 2         financing generated thereby shall be considered

 3         income for ad valorem tax purposes; providing

 4         for recognition of certain income by the

 5         property appraiser; amending s. 420.503, F.S.;

 6         providing that certain projects shall qualify

 7         as housing for the elderly for purposes of

 8         certain loans under the State Apartment

 9         Incentive Loan Program, and shall qualify as a

10         project targeted for the elderly in connection

11         with allocation of low-income housing tax

12         credits and with the HOME program under certain

13         conditions; amending s. 420.5087, F.S.;

14         directing the Florida Housing Finance

15         Corporation to adopt rules for the equitable

16         distribution of certain unallocated funds under

17         the State Apartment Incentive Loan Program;

18         authorizing the corporation to waive a mortgage

19         limitation under said program for projects in

20         certain areas; creating ss. 420.630, 420.631,

21         420.632, 420.633, 420.634, and 420.635, F.S.,

22         the Urban Homesteading Act; providing

23         definitions; authorizing a local government or

24         its designee to operate a program to make

25         foreclosed single-family housing available for

26         purchase by qualified buyers; providing

27         eligibility requirements; providing application

28         procedures; providing conditions under which

29         such property may be deeded to a qualified

30         buyer; requiring payment of a pro rata share of

31         certain bonded debt under certain conditions

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         and providing for loans to buyers who are

 2         required to make such payment; amending s.

 3         235.193, F.S.; providing that the collocation

 4         of a new educational facility with an existing

 5         educational facility or the expansion of an

 6         existing educational facility shall not be

 7         deemed inconsistent with local government

 8         comprehensive plans under certain

 9         circumstances; providing appropriations;

10         providing an effective date for Senate Bill

11         182, which creates the Wireless Emergency

12         Telephone System Fund; authorizing

13         municipalities to designate satellite

14         enterprise zones; providing an effective date.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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