House Bill 0017c1

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    Florida House of Representatives - 1999               CS/HB 17

        By the Committee on Community Affairs and Representatives
    Constantine and Goodlette





  1                      A bill to be entitled

  2         An act relating to local government; creating

  3         ss. 163.2511, 163.2514, 163.2517, 163.2520,

  4         163.2523, and 163.2526, F.S., the Growth Policy

  5         Act; providing legislative findings; providing

  6         definitions; authorizing counties and

  7         municipalities to designate urban infill and

  8         redevelopment areas based on specified

  9         criteria; providing for community

10         participation; requiring preparation of a plan

11         or designation of an existing plan and

12         providing requirements with respect thereto;

13         requiring notice and public hearing for the

14         ordinance adopting the plan; providing for

15         amendment of the local comprehensive plan;

16         providing requirements for continued

17         eligibility for economic and regulatory

18         incentives and providing that such incentives

19         may be rescinded if the plan is not

20         implemented; providing that counties and

21         municipalities that have adopted such plan may

22         issue revenue bonds and employ tax increment

23         financing under the Community Redevelopment Act

24         and exercise powers granted to community

25         redevelopment neighborhood improvement

26         districts; providing that such areas shall have

27         priority in the allocation of private activity

28         bonds; requiring a report by certain state

29         agencies; providing a program for grants to

30         counties and municipalities with urban infill

31         and redevelopment areas; providing for review

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  1         and evaluation of the act and requiring a

  2         report; amending s. 163.3180, F.S.; authorizing

  3         exemptions from the transportation facilities

  4         concurrency requirement for developments

  5         located in an urban infill and redevelopment

  6         area; amending s. 163.3187, F.S.; providing

  7         that comprehensive plan amendments to designate

  8         such areas are not subject to statutory limits

  9         on the frequency of plan amendments; including

10         such areas within certain limitations relating

11         to small scale development amendments;

12         authorizing the Department of Community Affairs

13         to contract with a regional planning council

14         for the review of local government

15         comprehensive plan amendments; amending s.

16         187.201, F.S.; including policies relating to

17         urban policy in the State Comprehensive Plan;

18         amending s. 380.06, F.S., relating to

19         developments of regional impact; increasing

20         certain numerical standards for determining a

21         substantial deviation for projects located in

22         certain urban infill and redevelopment areas;

23         amending ss. 163.3220 and 163.3221, F.S.;

24         revising legislative intent with respect to the

25         Florida Local Government Development Agreement

26         Act to include intent with respect to certain

27         assurance to a developer upon receipt of a

28         brownfield designation; amending s. 163.375,

29         F.S.; authorizing acquisition by eminent domain

30         of property in unincorporated enclaves

31         surrounded by a community redevelopment area

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  1         when necessary to accomplish a community

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

  3         providing for consideration by the Legislature

  4         of the appropriateness of a proposed municipal

  5         incorporation; redesignating the study that is

  6         submitted to the Legislature in conjunction

  7         with a proposed special act for a municipal

  8         charter as an incorporation study and revising

  9         requirements for such study; amending s.

10         171.0413, F.S., relating to municipal

11         annexation procedures; requiring public

12         hearings; deleting a requirement that a

13         separate referendum be held in the annexing

14         municipality when the annexation exceeds a

15         certain size and providing that the governing

16         body may choose to hold such a referendum;

17         providing procedures by which a county or

18         combination of counties and the municipalities

19         therein may develop and adopt a plan to improve

20         the efficiency, accountability, and

21         coordination of the delivery of local

22         government services; providing for initiation

23         of the process by resolution; providing

24         requirements for the plan; requiring approval

25         by the local governments' governing bodies and

26         by referendum; authorizing municipal annexation

27         through such plan; providing an effective date.

28

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

30

31

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  1         Section 1.  Sections 163.2511, 163.2514, 163.2517,

  2  163.2520, 163.2523, and 163.2526, Florida Statutes, are

  3  created to read:

  4         163.2511  Urban infill and redevelopment.--

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

  6  "Growth Policy Act."

  7         (2)  It is found and declared that:

  8         (a)  Fiscally strong urban centers are beneficial to

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

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

11  state, regional, and local governments.

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

13  their respective regions and the state; conversely, the

14  deterioration of those urban cores negatively impacts the

15  surrounding area and the state.

16         (c)  In recognition of the interwoven destiny between

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

18  respective governments need to establish a framework and work

19  in partnership with communities and the private sector to

20  revitalize urban centers.

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

22  regional agencies, local governments, and the private sector

23  in preserving and redeveloping existing urban centers and

24  promoting the adequate provision of infrastructure, human

25  services, safe neighborhoods, educational facilities, and

26  economic development to sustain these centers into the future.

27         (e)  Successfully revitalizing and sustaining the urban

28  centers is dependent on addressing, through an integrated and

29  coordinated community effort, a range of varied components

30  essential to a healthy urban environment, including cultural,

31

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  1  educational, recreational, economic, transportation, and

  2  social service components.

  3         (f)  Infill development and redevelopment are

  4  recognized as one of the important components and useful

  5  mechanisms to promote and sustain urban centers. State and

  6  regional entities and local governments should provide

  7  incentives to promote urban infill and redevelopment. Existing

  8  programs and incentives should be integrated to the extent

  9  possible to promote urban infill and redevelopment and to

10  achieve the goals of the state urban policy.

11         163.2514  Definitions.--As used in ss.

12  163.2511-163.2526:

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

14  municipality.

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

16  area or areas designated by a local government where:

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

18  transportation, schools, and recreation are already available

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

20  of capital improvements and are located within the existing

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

22  comprehensive plan;

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

24  area, suffers from pervasive poverty, unemployment, and

25  general distress as defined by s. 290.0058;

26         (c)  The area exhibits a higher than average

27  proportion, compared to the local government as a whole, of

28  buildings that are substandard, overcrowded, dilapidated,

29  vacant or abandoned, or functionally obsolete;

30

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

  2  mile of a transit stop or stops, or such transit stop or stops

  3  will be made available concurrent with the designation; and

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

  5  redevelopment areas, brownfields, enterprise zones, or Main

  6  Street programs, or has been designated by the Federal

  7  Government as an empowerment zone, enterprise community,

  8  brownfield showcase community, or similar urban revitalization

  9  designation.

10         163.2517  Designation of urban infill and redevelopment

11  area.--

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

13  or areas within its jurisdiction as an urban infill and

14  redevelopment area for the purpose of targeting economic, job

15  creation, housing, transportation, neighborhood revitalization

16  and preservation, and land use incentives to encourage urban

17  infill and redevelopment within the urban core.

18         (2)  As part of the preparation of an urban infill and

19  redevelopment area plan, a community participation process

20  shall be implemented in each neighborhood within the area

21  targeted for designation as an urban infill and redevelopment

22  area. The process shall include the input of stakeholders,

23  including, but not limited to, community-based organizations,

24  neighborhood associations, and educational and religious

25  organizations. The objective of the community participation is

26  to encourage communities within the proposed urban infill and

27  redevelopment area to participate in the design and

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

29  community core, before redevelopment. Issues to be addressed

30  in the planning process include the size of the area, the

31  objectives for urban infill and redevelopment, coordination

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  1  with existing redevelopment programs, goals for improving

  2  transit and transportation, the objectives for economic

  3  development, job creation, crime reduction, and neighborhood

  4  preservation and revitalization.

  5         (3)  A local government seeking to designate a

  6  geographic area within its jurisdiction as an urban infill and

  7  redevelopment area shall prepare a plan that describes the

  8  infill and redevelopment objectives of the local government

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

10  local government may demonstrate that an existing plan or

11  combination of plans associated with a community development

12  area, Florida Main Street program, sustainable community,

13  enterprise zone, or neighborhood improvement district includes

14  the factors listed in paragraphs (a)-(l), or may amend such

15  existing plans to include the factors listed in paragraphs

16  (a)-(l). The plan shall demonstrate the local government and

17  community's commitment to comprehensively addressing the urban

18  problems within the urban infill and redevelopment area and

19  identify activities and programs to accomplish locally

20  identified goals such as code enforcement; improved

21  educational opportunities; reduction in crime; neighborhood

22  preservation and revitalization; provision of infrastructure

23  needs, including mass transit and multimodal linkages; and

24  mixed-use planning to promote multifunctional redevelopment to

25  improve both the residential and commercial quality of life in

26  the area. The plan shall also:

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

28  areas to be included within the designation.

29         (b)  Confirm that the urban infill and redevelopment

30  area is within an existing urban service area defined in the

31  local government's comprehensive plan.

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  1         (c)  Identify existing enterprise zones, community

  2  redevelopment areas, community development corporations,

  3  brownfield areas, downtown redevelopment districts, safe

  4  neighborhood improvement districts, historic preservation

  5  districts, and empowerment zones located within the area

  6  proposed for designation as an urban infill and redevelopment

  7  area and provide a framework for coordinating infill and

  8  redevelopment programs within the urban core.

  9         (d)  Identify a memorandum of understanding between the

10  district school board and the local government jurisdiction

11  regarding public school facilities located within the urban

12  infill and redevelopment area to identify how the school board

13  will provide priority to enhancing public school facilities

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

15  existing buildings for schools within the area.

16         (e)  Identify each neighborhood within the proposed

17  area and state preservation and revitalization goals and

18  projects identified through the community participation

19  process and how such projects shall be implemented.

20         (f)  Identify how the local government intends to

21  implement affordable housing programs, including, but not

22  limited to, economic and community development programs

23  administered by the Department of Community Affairs, within

24  the urban infill and redevelopment area.

25         (g)  Identify strategies for reducing crime.

26         (h)  Adopt, if applicable, land development regulations

27  specific to the urban infill and redevelopment area which

28  include, for example, setbacks and parking requirements

29  appropriate to urban development.

30         (i)  Identify and map any existing transportation

31  concurrency exception areas, transportation concurrency

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  1  management areas, and any relevant public transportation

  2  corridors designated by a metropolitan planning organization

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

  4  government in its comprehensive plan for which the local

  5  government seeks designation as a transportation concurrency

  6  exception area, and describe how public transportation,

  7  pedestrian ways, and bicycle ways will be implemented as an

  8  alternative to increased automobile use for such areas.

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

10  local government incentives which the local government will

11  offer for new development, expansion of existing development,

12  and redevelopment within the urban infill and redevelopment

13  area. Examples of such incentives include:

14         1.  Waiver of license and permit fees.

15         2.  Waiver of local option sales taxes.

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

17  return of property to productive use.

18         4.  Expedited permitting.

19         5.  Lower transportation impact fees for development

20  which encourages higher use of public transit, pedestrian, and

21  bicycle modes of transportation.

22         6.  Prioritization of infrastructure spending within

23  the urban infill and redevelopment area.

24         7.  Local government absorption of developers'

25  concurrency costs.

26         (k)  Identify how activities and incentives within the

27  urban infill and redevelopment area will be coordinated and

28  what administrative mechanism the local government will use

29  for the coordination.

30

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  1         (l)  Identify performance measures to evaluate the

  2  success of the local government in implementing the urban

  3  infill and redevelopment plan.

  4         (4)  After the preparation of an urban infill and

  5  redevelopment plan or designation of an existing plan, the

  6  local government shall adopt the plan by ordinance. Public

  7  hearings shall be held on such ordinance, and notice shall be

  8  given of such hearings, in accordance with s. 166.041(3)(c)2.

  9  for municipalities, and s. 125.66(4)(b) for counties.

10         (5)  In order for a local government to designate an

11  urban infill and redevelopment area, it must amend its

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

13  urban infill and redevelopment area plan and delineate the

14  urban infill and redevelopment area within the future land use

15  element of its comprehensive plan. If the local government

16  elects to employ an existing or amended community

17  redevelopment, Florida Main Street program, sustainable

18  community, enterprise zone, or neighborhood improvement

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

20  infill and redevelopment plan, the local government must amend

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

22  the urban infill and redevelopment area within the future land

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

24  local comprehensive plan to designate an urban infill and

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

26  limitation of s. 163.3187.

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

28  economic and regulatory incentives granted with respect to an

29  urban infill and redevelopment area, the local government must

30  demonstrate during the evaluation, assessment, and review of

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

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  1  at least 10 percent of its combined annual residential,

  2  commercial, and institutional development has occurred within

  3  the designated urban infill and redevelopment area.

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

  5  urban infill and redevelopment plan in accordance with the

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

  7  Affairs may seek to rescind the economic and regulatory

  8  incentives granted to the urban infill and redevelopment area,

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

10  rescind may be initiated 90 days after issuing a written

11  letter of warning to the local government.

12         163.2520  Economic incentives; report.--

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

14  and redevelopment plan or plan employed in lieu thereof may

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

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

17  implementation of the plan.

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

19  and redevelopment plan or plan employed in lieu thereof may

20  exercise the powers granted under s. 163.514 for community

21  redevelopment neighborhood improvement districts, including

22  the authority to levy special assessments.

23         (3)  An area designated by a local government as an

24  urban infill and redevelopment area shall have priority in the

25  allocation of private activity bonds pursuant to s. 159.807.

26         (4)  State agencies that provide infrastructure

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

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

29  Environmental Protection (Clean Water State Revolving Fund,

30  Drinking Water Revolving Loan Trust Fund, and the state

31  pollution control bond program); the Department of Community

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  1  Affairs (economic development and housing programs, Florida

  2  Communities Trust); and the Department of Transportation

  3  (Intermodal Surface Transportation Efficiency Act funds), are

  4  directed to report to the President of the Senate and the

  5  Speaker of the House of Representatives by January 1, 2000,

  6  regarding statutory and rule changes necessary to give urban

  7  infill and redevelopment areas identified by local governments

  8  under this act an elevated priority in infrastructure funding,

  9  loan, and grant programs.

10         163.2523  Grant program.--An Urban Infill and

11  Redevelopment Assistance Grant Program is created for local

12  governments with adopted urban infill and redevelopment areas.

13  Ninety percent of the general revenue appropriated for this

14  program shall be available for fifty/fifty matching grants for

15  planning and implementing urban infill and redevelopment

16  projects that further the objectives set forth in the local

17  government's adopted urban infill and redevelopment plan or

18  plan employed in lieu thereof. The remaining 10 percent of the

19  revenue must be used for outright grants for projects

20  requiring an expenditure of under $50,000.  Projects that

21  provide employment opportunities to clients of the WAGES

22  program and projects within urban infill and redevelopment

23  areas that include a community redevelopment area, Florida

24  Main Street Program, sustainable community, enterprise zone,

25  or neighborhood improvement district must be given an elevated

26  priority in the scoring of competing grant applications. The

27  Division of Housing and Community Development of the

28  Department of Community Affairs shall administer the grant

29  program. The Department of Community Affairs shall adopt rules

30  establishing grant review criteria consistent with this

31  section.

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  1         163.2526  Review and evaluation.--Before the 2004

  2  Regular Session of the Legislature, the Office of Program

  3  Policy Analysis and Government Accountability shall perform a

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

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

  6  evaluate the effectiveness of the designation of urban infill

  7  and redevelopment areas in stimulating urban infill and

  8  redevelopment and strengthening the urban core. A report of

  9  the findings and recommendations of the Office of Program

10  Policy Analysis and Government Accountability shall be

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

12  the House of Representatives before the 2004 Regular Session

13  of the Legislature.

14         Section 2.  Subsection (5) of section 163.3180, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         163.3180  Concurrency.--

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

18  circumstances dealing with transportation facilities,

19  countervailing planning and public policy goals may come into

20  conflict with the requirement that adequate public facilities

21  and services be available concurrent with the impacts of such

22  development.  The Legislature further finds that often the

23  unintended result of the concurrency requirement for

24  transportation facilities is the discouragement of urban

25  infill development and redevelopment.  Such unintended results

26  directly conflict with the goals and policies of the state

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

28  exceptions from the concurrency requirement for transportation

29  facilities may be granted as provided by this subsection.

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

31  concurrency requirement for transportation facilities if the

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  1  proposed development is otherwise consistent with the adopted

  2  local government comprehensive plan and is a project that

  3  promotes public transportation or is located within an area

  4  designated in the comprehensive plan for:

  5         1.  Urban infill development,

  6         2.  Urban redevelopment, or

  7         3.  Downtown revitalization, or.

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

  9         (c)  The Legislature also finds that developments

10  located within urban infill, urban redevelopment, existing

11  urban service, or downtown revitalization areas or areas

12  designated as urban infill and redevelopment areas under s.

13  163.2517 which pose only special part-time demands on the

14  transportation system should be excepted from the concurrency

15  requirement for transportation facilities.  A special

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

17  scheduled events during any calendar year and does not affect

18  the 100 highest traffic volume hours.

19         (d)  A local government shall establish guidelines for

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

21  in the comprehensive plan. These guidelines must include

22  consideration of the impacts on the Florida Intrastate Highway

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

24  available only within the specific geographic area of the

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

26  any affected person may challenge a plan amendment

27  establishing these guidelines and the areas within which an

28  exception could be granted.

29         Section 3.  Subsection (1) of section 163.3187, Florida

30  Statutes, 1998 Supplement, is amended, and subsection (8) is

31  added to said section, to read:

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  1         163.3187  Amendment of adopted comprehensive plan.--

  2         (1)  Amendments to comprehensive plans adopted pursuant

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

  4  calendar year, except:

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

  6  amendments may be made more often than twice during the

  7  calendar year if the additional plan amendment receives the

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

  9  "Emergency" means any occurrence or threat thereof whether

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

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

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

13  public funds.

14         (b)  Any local government comprehensive plan amendments

15  directly related to a proposed development of regional impact,

16  including changes which have been determined to be substantial

17  deviations and including Florida Quality Developments pursuant

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

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

20  application for development approval using the procedures

21  provided for local plan amendment in this section and

22  applicable local ordinances, without regard to statutory or

23  local ordinance limits on the frequency of consideration of

24  amendments to the local comprehensive plan.  Nothing in this

25  subsection shall be deemed to require favorable consideration

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

27  development of regional impact.

28         (c)  Any local government comprehensive plan amendments

29  directly related to proposed small scale development

30  activities may be approved without regard to statutory limits

31  on the frequency of consideration of amendments to the local

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  1  comprehensive plan.  A small scale development amendment may

  2  be adopted only under the following conditions:

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

  4  or fewer and:

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

  6  small scale development amendments adopted by the local

  7  government shall not exceed:

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

  9  contains areas specifically designated in the local

10  comprehensive plan for urban infill, urban redevelopment, or

11  downtown revitalization as defined in s. 163.3164, urban

12  infill and redevelopment areas designated under s. 163.2517,

13  transportation concurrency exception areas approved pursuant

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

15  central business districts approved pursuant to s.

16  380.06(2)(e); however, amendments under this paragraph may be

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

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

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

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

21  sub-sub-subparagraph (I).

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

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

24         b.  The proposed amendment does not involve the same

25  property granted a change within the prior 12 months.

26         c.  The proposed amendment does not involve the same

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

28  within the prior 12 months.

29         d.  The proposed amendment does not involve a text

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

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

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

  2  scale development activity.

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

  4  amendment is not located within an area of critical state

  5  concern.

  6         f.  If the proposed amendment involves a residential

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

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

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

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

11  urban infill, urban redevelopment, or downtown revitalization

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

13  areas designated under s. 163.2517, transportation concurrency

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

15  regional activity centers and urban central business districts

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

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

18  plan amendment pursuant to this paragraph is not required to

19  comply with the procedures and public notice requirements of

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

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

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

23  request for a plan amendment under this paragraph is initiated

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

25         b.  The local government shall send copies of the

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

27  regional planning council, and any other person or entity

28  requesting a copy.  This information shall also include a

29  statement identifying any property subject to the amendment

30  that is located within a coastal high hazard area as

31  identified in the local comprehensive plan.

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  1         3.  Small scale development amendments adopted pursuant

  2  to this paragraph require only one public hearing before the

  3  governing board, which shall be an adoption hearing as

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

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

  6  elects to have them subject to those requirements.

  7         (d)  Any comprehensive plan amendment required by a

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

  9  approved without regard to statutory limits on the frequency

10  of adoption of amendments to the comprehensive plan.

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

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

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

14  frequency of plan amendments.

15         (f)  Any comprehensive plan amendment that changes the

16  schedule in the capital improvements element, and any

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

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

19  provided in this subsection when necessary to coincide with

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

21  improvements program.

22         (g)  Any local government comprehensive plan amendments

23  directly related to proposed redevelopment of brownfield areas

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

25  statutory limits on the frequency of consideration of

26  amendments to the local comprehensive plan.

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

28  designating an urban infill and redevelopment area under s.

29  163.2517 may be approved without regard to the statutory

30  limits on the frequency of amendments to the comprehensive

31  plan.

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  1         (8)  The Department of Community Affairs may contract

  2  with a regional planning council in order to delegate the

  3  review of local government comprehensive plan amendments. When

  4  the review has been delegated to a regional planning council,

  5  any local government in the region may elect to have its

  6  amendments reviewed by the council rather than the agency. The

  7  department shall retain the oversight necessary to ensure

  8  compliance with the purposes of this chapter.

  9         Section 4.  Subsection (17) of section 187.201, Florida

10  Statutes, is amended to read:

11         187.201  State Comprehensive Plan adopted.--The

12  Legislature hereby adopts as the State Comprehensive Plan the

13  following specific goals and policies:

14         (17)  URBAN REDEVELOPMENT AND DOWNTOWN

15  REVITALIZATION.--

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

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

18  revitalize developing and redeveloping downtowns to the

19  state's ability to use existing infrastructure and to

20  accommodate growth in an orderly, efficient, and

21  environmentally acceptable manner, Florida shall encourage the

22  centralization of commercial, governmental, retail,

23  residential, and cultural activities within downtown areas.

24         (b)  Policies.--

25         1.  Provide incentives to encourage private sector

26  investment in the preservation and enhancement of downtown

27  areas.

28         2.  Assist local governments in the planning,

29  financing, and implementation of development efforts aimed at

30  revitalizing distressed downtown areas.

31

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  1         3.  Promote state programs and investments which

  2  encourage redevelopment of downtown areas.

  3         4.  Promote and encourage communities to engage in a

  4  redesign step to include public participation of members of

  5  the community in envisioning redevelopment goals and design of

  6  the community core before redevelopment.

  7         5.  Ensure that local governments have adequate

  8  flexibility to determine and address their urban priorities

  9  within the state urban policy.

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

11  and transportation planning in state, regional, and local

12  plans for current and future designated urban areas.

13         7.  Develop concurrency requirements for urban areas

14  that promote redevelopment efforts where the requirements do

15  not compromise public health and safety.

16         8.  Promote processes for the state, general purpose

17  local governments, school boards, and local community colleges

18  to coordinate and cooperate regarding educational facilities

19  in urban areas, including planning functions, the development

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

21         9.  Encourage the development of mass transit systems

22  for urban centers, including multimodal transportation feeder

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

24  state transportation planning.

25         10.  Locate appropriate public facilities within urban

26  centers to demonstrate public commitment to the centers and to

27  encourage private sector development.

28         11.  Integrate state programs that have been developed

29  to promote economic development and neighborhood

30  revitalization through incentives to promote the development

31  of designated urban infill areas.

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  1         12.  Promote infill development and redevelopment as an

  2  important mechanism to revitalize and sustain urban centers.

  3         Section 5.  Paragraph (b) of subsection (19) of section

  4  380.06, Florida Statutes, 1998 Supplement, is amended to read:

  5         380.06  Developments of regional impact.--

  6         (19)  SUBSTANTIAL DEVIATIONS.--

  7         (b)  Any proposed change to a previously approved

  8  development of regional impact or development order condition

  9  which, either individually or cumulatively with other changes,

10  exceeds any of the following criteria shall constitute a

11  substantial deviation and shall cause the development to be

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

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

14  government:

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

16  attraction or recreational facility by 5 percent or 300

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

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

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

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

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

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

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

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

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

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

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

28  percent or 60 beds, whichever is greater.

29         4.  An increase in industrial development area by 5

30  percent or 32 acres, whichever is greater.

31

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

  2  5 percent or 10 acres, whichever is greater, or an increase in

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

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

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

  6  is less.

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

  8  5 percent or 6 acres, whichever is greater, or an increase of

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

10  gross square feet, whichever is greater.

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

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

13  7 million pounds, whichever is greater.

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

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

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

17  state marina siting plan as an appropriate site for additional

18  waterport development or a 5-percent increase in watercraft

19  storage capacity, whichever is greater.

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

21  percent or 50 dwelling units, whichever is greater.

22         10.  An increase in commercial development by 6 acres

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

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

25  5-percent increase of any of these, whichever is greater.

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

27  percent or 75 units, whichever is greater.

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

29  5 percent or 100 vehicle spaces, whichever is less.

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

31  5 percent or 20 acres, whichever is less.

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  1         14.  A proposed increase to an approved multiuse

  2  development of regional impact where the sum of the increases

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

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

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

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

  7  percent has been reached or exceeded.

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

  9  vehicle trips generated by the development above that which

10  was projected during the original

11  development-of-regional-impact review.

12         16.  Any change which would result in development of

13  any area which was specifically set aside in the application

14  for development approval or in the development order for

15  preservation or special protection of endangered or threatened

16  plants or animals designated as endangered, threatened, or

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

18  or archaeological and historical sites designated as

19  significant by the Division of Historical Resources of the

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

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

22

23  The substantial deviation numerical standards in subparagraphs

24  4., 6., 10., 14., excluding residential uses, and 15., are

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

26  403.973 which creates jobs and meets criteria established by

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

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

29  wage and skill levels. The substantial deviation numerical

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

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

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  1  urban infill and redevelopment area designated on the

  2  applicable adopted local comprehensive plan future land use

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

  4         Section 6.  Paragraph (b) of subsection (2) of section

  5  163.3220, Florida Statutes, is amended to read:

  6         163.3220  Short title; legislative intent.--

  7         (2)  The Legislature finds and declares that:

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

  9  or her development permit or brownfield designation he or she

10  may proceed in accordance with existing laws and policies,

11  subject to the conditions of a development agreement,

12  strengthens the public planning process, encourages sound

13  capital improvement planning and financing, assists in

14  assuring there are adequate capital facilities for the

15  development, encourages private participation in comprehensive

16  planning, and reduces the economic costs of development.

17         Section 7.  Subsections (1) through (13) of section

18  163.3221, Florida Statutes, are renumbered as subsections (2)

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

20  to said section to read:

21         163.3221  Definitions.--As used in ss.

22  163.3220-163.3243:

23         (1)  "Brownfield designation" means a resolution

24  adopted by a local government pursuant to the Brownfields

25  Redevelopment Act, ss. 376.77-376.85.

26         Section 8.  Subsection (1) of section 163.375, Florida

27  Statutes, is amended to read:

28         163.375  Eminent domain.--

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

30  redevelopment agency pursuant to specific approval of the

31  governing body of the county or municipality which established

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

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

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

  4  necessary for, or in connection with, community redevelopment

  5  and related activities under this part.  Any county or

  6  municipality, or any community redevelopment agency pursuant

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

  8  municipality which established the agency, as provided by any

  9  county or municipal ordinance may exercise the power of

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

11  and acts amendatory thereof or supplementary thereto, or it

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

13  which may be hereafter provided by any other statutory

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

15  Property in unincorporated enclaves surrounded by the

16  boundaries of a community redevelopment area may be acquired

17  when it is determined necessary by the agency to accomplish

18  the community redevelopment plan. Property already devoted to

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

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

21  political subdivision of the state may be acquired without its

22  consent.

23         Section 9.  Subsection (1) of section 165.041, Florida

24  Statutes, is amended to read:

25         165.041  Incorporation; merger.--

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

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

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

29  a special act of the Legislature upon determination that the

30  standards herein provided have been met.

31

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  1         (b)  To inform the Legislature on the feasibility and

  2  appropriateness of a proposed incorporation of a municipality,

  3  an incorporation a feasibility study shall be completed and

  4  submitted to the Legislature in conjunction with a proposed

  5  special act for the enactment of the municipal charter.  The

  6  incorporation Such feasibility study shall contain the

  7  following:

  8         1.  The general location of territory subject to

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

10  proposed change.

11         2.  The major reasons for proposing the boundary

12  change.

13         3.  The following characteristics of the area:

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

15  to the subject area in the county comprehensive plan.

16         b.  A list of the current county zoning designations

17  applied to the subject area.

18         c.  A general statement of present land use

19  characteristics of the area.

20         d.  A description of development being proposed for the

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

22  is expected to begin, if known.

23

24  As an alternative to providing the items listed in

25  sub-subparagraphs a.-d., a draft comprehensive plan that meets

26  state standards pursuant to s. 163.3167 may be submitted.

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

28  governments, school districts, and special districts, whose

29  current boundary falls within the boundary of the territory

30  proposed for the change or reorganization.

31

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  1         5.  Evidence, through signed petitions, letters, or

  2  some other method, that a minimum of 25 percent of the

  3  landowners or residents consent or otherwise support the

  4  proposed change or reorganization.

  5         6.  A list of current service providers, including, but

  6  not limited to, such services as water, sewer, transportation,

  7  law enforcement, fire and rescue, health care, zoning,

  8  inspections, parks, library and other cultural facilities, and

  9  street lighting, and the unit cost for each service.

10         7.  A list of proposed service providers, the date each

11  service would become available, the projected unit cost for

12  each service, and a letter of intent or memorandum of

13  understanding from each proposed service provider indicating

14  intent to provide a specified service and level of service at

15  the cost noted in the application, should incorporation occur.

16         8.  The names and addresses of three officers or

17  persons submitting the proposal.

18         9.  Evidence of fiscal capacity and an organizational

19  plan that, at a minimum, includes:

20         a.  Existing tax bases, including ad valorem taxable

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

22  license and permit fees, charge for services, fines and

23  forfeitures, and other revenue sources, as appropriate.

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

25  includes proposed staffing, building acquisition and

26  construction, debt issuance, budgets, and future boundaries at

27  build out.

28         1.  Data and analysis to support the conclusions that

29  incorporation is necessary and financially feasible, including

30  population projections and population density calculations,

31

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  1  and an explanation concerning methodologies used for such

  2  analysis.

  3         2.  Evaluation of the alternatives available to the

  4  area to address its policy concerns.

  5         3.  Evidence that the proposed municipality meets the

  6  requirements for incorporation pursuant to s. 165.061.

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

  8  for municipal incorporation pursuant to s. 163.3217, such

  9  information shall be submitted to the Legislature in

10  conjunction with any proposed municipal incorporation in the

11  county.  This information should be used to evaluate the

12  feasibility and appropriateness of a proposed municipal

13  incorporation in the geographic area.

14         Section 10.  Section 171.0413, Florida Statutes, is

15  amended to read:

16         171.0413  Annexation procedures.--Any municipality may

17  annex contiguous, compact, unincorporated territory in the

18  following manner:

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

20  contiguous, compact, unincorporated territory shall be adopted

21  by the governing body of the annexing municipality pursuant to

22  the procedure for the adoption of a nonemergency ordinance

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

24  ordinance of annexation the local governing body shall hold at

25  least two advertised public hearings.  The first public

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

27  that the first advertisement is published. The second public

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

29  day that the second advertisement is published.  Each such

30  ordinance shall propose only one reasonably compact area to be

31  annexed.  However, prior to the ordinance of annexation

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  1  becoming effective, a referendum on annexation shall be held

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

  3  ordinance shall become effective 10 days after the referendum

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

  5  year following the date of the referendum.

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

  7  annexation by the governing body of the annexing municipality,

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

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

10  body of the annexing municipality may also choose to submit

11  the ordinance of annexation to a separate vote of the

12  registered electors of the annexing municipality.  If the

13  proposed ordinance would cause the total area annexed by a

14  municipality pursuant to this section during any one calendar

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

16  total land area of the municipality or cumulatively to exceed

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

18  shall be submitted to a separate vote of the registered

19  electors of the annexing municipality and of the area proposed

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

21  and conducted and the expense thereof paid by the governing

22  body of the annexing municipality.

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

24  next regularly scheduled election following the final adoption

25  of the ordinance of annexation by the governing body of the

26  annexing municipality or at a special election called for the

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

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

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

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

31  annexing municipality.

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  1         (b)  The governing body of the annexing municipality

  2  shall publish notice of the referendum on annexation at least

  3  once each week for 2 consecutive weeks immediately preceding

  4  the date of the referendum in a newspaper of general

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

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

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

  8  the area proposed to be annexed.  The description shall

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

10  the complete legal description by metes and bounds and the

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

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

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

14  the ordinance of annexation and a description of the property

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

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

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

18  referendum on annexation shall offer the choice "For

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

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

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

22  that order.

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

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

25  ordinance is submitted to a separate vote of the registered

26  electors of the annexing municipality and the area proposed to

27  be annexed and there is a separate majority vote for

28  annexation in the annexing municipality and in the area

29  proposed to be annexed, the ordinance of annexation shall

30  become effective on the effective date specified therein. If

31  there is any majority vote against annexation, the ordinance

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

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

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

  4  date of the referendum on annexation.

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

  6  individual, corporation, or legal entity, or owned

  7  collectively by one or more individuals, corporations, or

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

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

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

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

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

13  nothing herein contained shall be construed as affecting the

14  validity or enforceability of any ordinance declaring an

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

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

17  such property may waive the requirements of this subsection if

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

19  in said annexation.

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

21  annexation procedure as set forth in this section shall

22  constitute a uniform method for the adoption of an ordinance

23  of annexation by the governing body of any municipality in

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

25  establish municipal annexation procedures are repealed hereby;

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

27  which prohibit annexation of territory that is separated from

28  the annexing municipality by a body of water or watercourse

29  shall not be repealed.

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

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

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  1  or legal entities which are not registered electors of such

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

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

  4  annexation.  Such consent shall be obtained by the parties

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

  6  the annexation.

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

  8  area proposed to be annexed does not have any registered

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

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

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

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

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

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

15  not choose to hold a referendum of the annexing municipality

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

17  property owner consents required pursuant to subsection (5)

18  shall be obtained by the parties proposing the annexation

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

20  annexation ordinance shall be effective upon becoming a law or

21  as otherwise provided in the ordinance.

22         Section 11.  Efficiency and accountability in local

23  government services.--

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

25  encourage a process that will:

26         (a)  Allow municipalities and counties to resolve

27  conflicts among local jurisdictions regarding the delivery and

28  financing of local services.

29         (b)  Increase local government efficiency and

30  accountability.

31

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

  2  revenue sources for local governments involved in the process.

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

  4  municipalities therein, may use the procedures provided by

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

  6  efficiency, accountability, and coordination of the delivery

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

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

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

10  resolutions adopted by a majority vote of the governing bodies

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

12  resolutions adopted by a majority vote of the governing bodies

13  of the municipality or combination of municipalities

14  representing a majority of the municipal population of each

15  county. The resolution shall specify the representatives of

16  the county and municipal governments, of any affected special

17  districts, and of any relevant local government agencies who

18  will be responsible for developing the plan. The resolution

19  shall include a proposed timetable for development of the plan

20  and shall specify the local government support and personnel

21  services which will be made available to the representatives

22  developing the plan.

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

24  provided in subsection (2), the designated representatives

25  shall develop a plan for delivery of local government

26  services. The plan shall:

27         (a)  Designate the areawide and local government

28  services which are the subject of the plan.

29         (b)  Describe the existing organization of such

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

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  1  reorganization of such services and the financing thereof that

  2  will meet the goals of this section.

  3         (c)  Designate the local agency that should be

  4  responsible for the delivery of each service.

  5         (d)  Designate those services that should be delivered

  6  regionally or countywide. No provision of the plan shall

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

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

  9  the services designated for regional or countywide delivery

10  under this paragraph.

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

12  local services and enhance the accountability of service

13  providers.

14         (f)  Include a multiyear capital outlay plan for

15  infrastructure.

16         (g)  Specifically describe any expansion of municipal

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

18  area proposed to be annexed must meet the standards for

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

20  shall not contain any provision for contraction of municipal

21  boundaries or elimination of any municipality.

22         (h)  Provide specific procedures for modification or

23  termination of the plan.

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

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

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

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

28  for the local governments participating in the plan.

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

30  section shall restrict the authority of any state or regional

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  1  governmental agency to perform any duty required to be

  2  performed by that agency by law.

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

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

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

  6  governing bodies of a majority of municipalities in each

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

  8  municipality or municipalities that represent a majority of

  9  the municipal population of each county.

10         (b)  After approval by the county and municipal

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

12  be submitted for referendum approval in a countywide election

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

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

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

16  the municipalities that represent a majority of the municipal

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

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

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

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

21  includes areas proposed for municipal annexation that meet the

22  standards for annexation provided in chapter 171, Florida

23  Statutes, such annexation shall take effect upon approval of

24  the plan as provided in this section, notwithstanding the

25  procedures for approval of municipal annexation specified in

26  chapter 171, Florida Statutes.

27         Section 12.  This act shall take effect July 1, 1999.

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