House Bill 2335e1
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CS/HB 2335, First Engrossed
1 A bill to be entitled
2 An act relating to growth management; creating
3 s. 125.595, F.S.; providing for the right of
4 citizens to petition elected officials in
5 public or private; amending s. 163.2517, F.S.;
6 revising the financial incentives which a local
7 government may offer in an urban infill and
8 redevelopment area which relate to exemption
9 from local option sales surtaxes and waiver of
10 delinquent taxes or fees; providing that, in
11 order to be eligible for the exemption from
12 collecting local option sales surtaxes, a
13 business must submit an application under oath
14 to the local government, which must be approved
15 and submitted to the Department of Revenue;
16 amending s. 212.08, F.S.; specifying that the
17 authority of a local government to adopt
18 financial and local government incentives under
19 s. 163.2517, F.S., is not superseded by certain
20 provisions relating to sales tax exemptions;
21 amending s. 163.2523, F.S.; authorizing
22 transfer of unused funds between grant
23 categories under the Urban Infill and
24 Redevelopment Assistance Grant Program;
25 amending s. 163.3164, F.S.; clarifying the
26 definition of "development" under the Local
27 Government Comprehensive Planning and Land
28 Development Regulation Act; amending s.
29 163.3177, F.S.; providing that an agricultural
30 land use category may be eligible for the
31 location of public schools in a local
1
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CS/HB 2335, First Engrossed
1 government comprehensive plan under certain
2 conditions; requiring preparation of an airport
3 master plan by each publicly owned and operated
4 airport and providing requirements with respect
5 thereto; providing for incorporation into the
6 local comprehensive plan; providing that
7 development or expansion of such airports or
8 related development consistent with such plans
9 is not a development of regional impact;
10 providing additional legislative intent with
11 respect to application of chapter 9J-5, Florida
12 Administrative Code, by the agency; specifying
13 lands that are appropriate for innovative
14 planning and development strategies; requiring
15 a report on a program for implementing such
16 strategies; providing for coordination with the
17 Grow Smart Florida Study Commission; amending
18 s. 163.3178, F.S.; requiring certain local
19 governments to adopt a marina siting plan as
20 part of the shoreline use component of the
21 coastal management element by a specified date;
22 amending s. 163.3184, F.S.; providing
23 additional agencies to which a local government
24 must transmit a proposed comprehensive plan or
25 plan amendment; removing provisions relating to
26 transmittal of copies by the state land
27 planning agency; providing that a local
28 government may request review by the state land
29 planning agency at the time of transmittal of
30 an amendment; revising time periods with
31 respect to submission of comments to the agency
2
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CS/HB 2335, First Engrossed
1 by other agencies, notice by the agency of its
2 intent to review, and issuance by the agency of
3 its report; providing for priority review of
4 certain amendments; clarifying language;
5 providing for compilation and transmittal by
6 the local government of a list of persons who
7 will receive an informational statement
8 concerning the agency's notice of intent to
9 find a plan or plan amendment in compliance or
10 not in compliance; providing for rules;
11 revising requirements relating to publication
12 by the agency of its notice of intent; deleting
13 a requirement that the notice be sent to
14 certain persons; amending s. 163.3187, F.S.;
15 revising requirements relating to small scale
16 development amendments which are exempt from
17 the limitation on the frequency of amendments
18 to a local comprehensive plan; revising acreage
19 requirements; providing that certain amendments
20 that involve affordable housing in certain
21 areas of critical state concern are eligible
22 under certain circumstances; revising a
23 condition relating to residential land use;
24 removing a provision that allows a local
25 government to elect to have such amendments
26 subject to review under s. 163.3184(3)-(6),
27 F.S.; amending s. 163.3215, F.S.; revising
28 procedures and requirements for challenge of a
29 development order by an aggrieved or adversely
30 affected party on the basis of inconsistency
31 with a local comprehensive plan; providing for
3
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CS/HB 2335, First Engrossed
1 petition to the circuit court for certiorari if
2 the local government has established a review
3 process that includes specified components;
4 removing a requirement that a verified
5 complaint be filed with the local government
6 prior to seeking judicial review; amending s.
7 163.3245, F.S., relating to optional sector
8 plans; clarifying and conforming language;
9 creating s. 166.0498, F.S.; providing for the
10 right of citizens to petition elected officials
11 in public or private; amending s. 166.231,
12 F.S.; authorizing application of the municipal
13 public service tax on water service to property
14 in a development of regional impact outside of
15 municipal boundaries under certain conditions;
16 limiting recovery if such tax is challenged;
17 amending s. 380.06, F.S., relating to
18 developments of regional impact; revising the
19 definition of an essentially built-out
20 development of regional impact with respect to
21 multiuse developments; providing for submission
22 of biennial, rather than annual, reports by the
23 developer; authorizing submission of a letter,
24 rather than a report, under certain
25 circumstances; providing for amendment of
26 development orders with respect to report
27 frequency; removing criteria relating to
28 petroleum storage facilities from the list of
29 criteria used to determine existence of a
30 substantial deviation; revising the criteria
31 relating to waterports and multiuse
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CS/HB 2335, First Engrossed
1 developments of regional impact; providing that
2 an extension of the date of buildout of less
3 than 7 years is not a substantial deviation;
4 revising provisions relating to determination
5 of whether a change constitutes a substantial
6 deviation based on its percentage of the
7 specified numerical criteria; revising notice
8 requirements; providing that changes that are
9 less than specified numerical criteria need not
10 be submitted to the state land planning agency
11 and specifying the agency's right to appeal
12 with respect to such changes; deleting an
13 exemption from review by the regional planning
14 agency and state land planning agency for
15 certain changes; exempting petroleum storage
16 facilities from development-of-regional-impact
17 review under certain circumstances; providing
18 for maintenance of the exemption from
19 development-of-regional-impact review for
20 developments under s. 163.3245, F.S., relating
21 to optional sector plans, if said section is
22 repealed; exempting certain development or
23 expansion of airports and related development
24 from development-of-regional-impact review
25 under certain circumstances; amending s.
26 380.0651, F.S.; revising the statewide
27 guidelines and standards for
28 development-of-regional-impact review for
29 office development, port facilities, and
30 residential development; providing for vested
31 rights, duties or obligations, and pending
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CS/HB 2335, First Engrossed
1 applications with respect to developments of
2 regional impact; providing for enforcement;
3 amending ss. 163.06 and 189.415, F.S.;
4 correcting references to conform; creating the
5 Grow Smart Florida Study Commission; providing
6 for appointment and qualifications of members;
7 providing the commission's duties; requiring a
8 report; providing an appropriation; providing
9 for severability; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 125.595, Florida Statutes, is
14 created to read:
15 125.595 Right of citizens to petition elected
16 officials.--No citizen shall be denied his or her
17 constitutional right to petition any elected official in
18 public or private. This provision shall preempt any other
19 special act or general law to the contrary.
20 Section 2. Paragraph (j) of subsection (3) of section
21 163.2517, Florida Statutes, is amended to read:
22 163.2517 Designation of urban infill and redevelopment
23 area.--
24 (3) A local government seeking to designate a
25 geographic area within its jurisdiction as an urban infill and
26 redevelopment area shall prepare a plan that describes the
27 infill and redevelopment objectives of the local government
28 within the proposed area. In lieu of preparing a new plan, the
29 local government may demonstrate that an existing plan or
30 combination of plans associated with a community redevelopment
31 area, Florida Main Street program, Front Porch Florida
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CS/HB 2335, First Engrossed
1 Community, sustainable community, enterprise zone, or
2 neighborhood improvement district includes the factors listed
3 in paragraphs (a)-(n), including a collaborative and holistic
4 community participation process, or amend such existing plans
5 to include these factors. The plan shall demonstrate the local
6 government and community's commitment to comprehensively
7 address the urban problems within the urban infill and
8 redevelopment area and identify activities and programs to
9 accomplish locally identified goals such as code enforcement;
10 improved educational opportunities; reduction in crime;
11 neighborhood revitalization and preservation; provision of
12 infrastructure needs, including mass transit and multimodal
13 linkages; and mixed-use planning to promote multifunctional
14 redevelopment to improve both the residential and commercial
15 quality of life in the area. The plan shall also:
16 (j) Identify and adopt a package of financial and
17 local government incentives which the local government will
18 offer for new development, expansion of existing development,
19 and redevelopment within the urban infill and redevelopment
20 area. Examples of such incentives include:
21 1. Waiver of license and permit fees.
22 2. Exemption of sales made in the urban infill and
23 redevelopment area from Waiver of local option sales surtaxes
24 imposed pursuant to s. 212.054 taxes.
25 3. Waiver of delinquent local taxes or fees to promote
26 the return of property to productive use.
27 4. Expedited permitting.
28 5. Lower transportation impact fees for development
29 which encourages more use of public transit, pedestrian, and
30 bicycle modes of transportation.
31
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CS/HB 2335, First Engrossed
1 6. Prioritization of infrastructure spending within
2 the urban infill and redevelopment area.
3 7. Local government absorption of developers'
4 concurrency costs.
5
6 In order to be authorized to recognize the exemption from
7 local option sales surtaxes pursuant to subparagraph 2., the
8 owner, lessee, or lessor of the new development, expanding
9 existing development, or redevelopment within the urban infill
10 and redevelopment area must file an application under oath
11 with the governing body having jurisdiction over the urban
12 infill and redevelopment area where the business is located.
13 The application must include the name and address of the
14 business claiming the exclusion from collecting local option
15 surtaxes; an address and assessment roll parcel number of the
16 urban infill and redevelopment area for which the exemption is
17 being sought; a description of the improvements made to
18 accomplish the new development, expanding development, or
19 redevelopment of the real property; a copy of the building
20 permit application or the building permit issued for the
21 development of the real property; a new application for a
22 certificate of registration with the Department of Revenue
23 with the address of the new development, expanding
24 development, or redevelopment; and the location of the
25 property. The local government must review and approve the
26 application and submit the completed application and
27 documentation along with a copy of the ordinance adopted
28 pursuant to subsection (5) to the Department of Revenue in
29 order for the business to become eligible to make sales exempt
30 from local option sales surtaxes in the urban infill and
31 redevelopment area.
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CS/HB 2335, First Engrossed
1 Section 3. Subsection (13) of section 212.08, Florida
2 Statutes, is amended to read:
3 212.08 Sales, rental, use, consumption, distribution,
4 and storage tax; specified exemptions.--The sale at retail,
5 the rental, the use, the consumption, the distribution, and
6 the storage to be used or consumed in this state of the
7 following are hereby specifically exempt from the tax imposed
8 by this chapter.
9 (13) No transactions shall be exempt from the tax
10 imposed by this chapter except those expressly exempted
11 herein. All laws granting tax exemptions, to the extent they
12 may be inconsistent or in conflict with this chapter,
13 including, but not limited to, the following designated laws,
14 shall yield to and be superseded by the provisions of this
15 subsection: ss. 125.019, 153.76, 154.2331, 159.15, 159.31,
16 159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 258.14,
17 315.11, 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09,
18 and the following Laws of Florida, acts of the year indicated:
19 s. 31, chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12,
20 chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter
21 31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter
22 59-1653; s. 13, chapter 59-1356; s. 12, chapter 61-2261; s.
23 19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, chapter
24 63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; and
25 s. 10, chapter 67-1681. This subsection does not supersede the
26 authority of a local government to adopt financial and local
27 government incentives pursuant to s. 163.2517.
28 Section 4. Section 163.2523, Florida Statutes, is
29 amended to read:
30 163.2523 Grant program.--An Urban Infill and
31 Redevelopment Assistance Grant Program is created for local
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CS/HB 2335, First Engrossed
1 governments. A local government may allocate grant money to
2 special districts, including community redevelopment agencies,
3 and nonprofit community development organizations to implement
4 projects consistent with an adopted urban infill and
5 redevelopment plan or plan employed in lieu thereof. Thirty
6 percent of the general revenue appropriated for this program
7 shall be available for planning grants to be used by local
8 governments for the development of an urban infill and
9 redevelopment plan, including community participation
10 processes for the plan. Sixty percent of the general revenue
11 appropriated for this program shall be available for
12 fifty/fifty matching grants for implementing urban infill and
13 redevelopment projects that further the objectives set forth
14 in the local government's adopted urban infill and
15 redevelopment plan or plan employed in lieu thereof. The
16 remaining 10 percent of the revenue must be used for outright
17 grants for implementing projects requiring an expenditure of
18 under $50,000. If the volume of fundable applications under
19 any of the allocations specified in this section does not
20 fully obligate the amount of the allocation, the Department of
21 Community Affairs may transfer the unused balance to the
22 category having the highest dollar value of applications
23 eligible but unfunded. However, in no event may the percentage
24 of dollars allocated to outright grants for implementing
25 projects exceed 20 percent in any given fiscal year. Projects
26 that provide employment opportunities to clients of the WAGES
27 program and projects within urban infill and redevelopment
28 areas that include a community redevelopment area, Florida
29 Main Street program, Front Porch Florida Community,
30 sustainable community, enterprise zone, federal enterprise
31 zone, enterprise community, or neighborhood improvement
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CS/HB 2335, First Engrossed
1 district must be given an elevated priority in the scoring of
2 competing grant applications. The Division of Housing and
3 Community Development of the Department of Community Affairs
4 shall administer the grant program. The Department of
5 Community Affairs shall adopt rules establishing grant review
6 criteria consistent with this section.
7 Section 5. Subsection (6) of section 163.3164, Florida
8 Statutes, is amended to read:
9 163.3164 Definitions.--As used in this act:
10 (6) "Development" has the meaning given it in s.
11 380.04. The following operations or uses shall not be taken
12 for the purpose of this act to involve "development":
13 (a) Work by a highway or road agency or railroad
14 company for the maintenance or improvement of a road or
15 railroad track, if the work is carried out on land within the
16 boundaries of the right-of-way.
17 (b) Work by any utility and other persons engaged in
18 the distribution or transmission of gas or water, for the
19 purpose of inspecting, repairing, renewing, or constructing on
20 established rights-of-way any sewers, mains, pipes, cables,
21 utility tunnels, power lines, towers, poles, tracks, or the
22 like.
23 (c) Work for the maintenance, renewal, improvement, or
24 alteration of any structure, if the work affects only the
25 interior or the color of the structure or the decoration of
26 the exterior of the structure.
27 (d) The use of any structure or land devoted to
28 dwelling uses for any purpose customarily incidental to
29 enjoyment of the dwelling.
30 (e) The use of any land for the purpose of growing
31 plants, crops, trees, and other agricultural or forestry
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CS/HB 2335, First Engrossed
1 products; raising livestock; or for other agricultural
2 purposes.
3 (f) A change in use of land or structure from a use
4 within a class specified in an ordinance or rule to another
5 use in the same class.
6 (g) A change in the ownership or form of ownership of
7 any parcel or structure.
8 (h) The creation or termination of rights of access,
9 riparian rights, easements, covenants concerning development
10 of land, or other rights in land.
11 Section 6. Paragraph (a) of subsection (6) of section
12 163.3177, Florida Statutes, is amended, paragraph (k) is added
13 to said subsection, and paragraph (i) of subsection (10) and
14 subsection (11) of said section are amended, to read:
15 163.3177 Required and optional elements of
16 comprehensive plan; studies and surveys.--
17 (6) In addition to the requirements of subsections
18 (1)-(5), the comprehensive plan shall include the following
19 elements:
20 (a) A future land use plan element designating
21 proposed future general distribution, location, and extent of
22 the uses of land for residential uses, commercial uses,
23 industry, agriculture, recreation, conservation, education,
24 public buildings and grounds, other public facilities, and
25 other categories of the public and private uses of land. The
26 future land use plan shall include standards to be followed in
27 the control and distribution of population densities and
28 building and structure intensities. The proposed
29 distribution, location, and extent of the various categories
30 of land use shall be shown on a land use map or map series
31 which shall be supplemented by goals, policies, and measurable
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CS/HB 2335, First Engrossed
1 objectives. Each land use category shall be defined in terms
2 of the types of uses included and specific standards for the
3 density or intensity of use. The future land use plan shall
4 be based upon surveys, studies, and data regarding the area,
5 including the amount of land required to accommodate
6 anticipated growth; the projected population of the area; the
7 character of undeveloped land; the availability of public
8 services; the need for redevelopment, including the renewal of
9 blighted areas and the elimination of nonconforming uses which
10 are inconsistent with the character of the community; and, in
11 rural communities, the need for job creation, capital
12 investment, and economic development that will strengthen and
13 diversify the community's economy. The future land use plan
14 may designate areas for future planned development use
15 involving combinations of types of uses for which special
16 regulations may be necessary to ensure development in accord
17 with the principles and standards of the comprehensive plan
18 and this act. In addition, for rural communities, the amount
19 of land designated for future planned industrial use shall be
20 based upon surveys and studies that reflect the need for job
21 creation, capital investment, and the necessity to strengthen
22 and diversify the local economies, and shall not be limited
23 solely by the projected population of the rural community. The
24 future land use plan of a county may also designate areas for
25 possible future municipal incorporation. The land use maps or
26 map series shall generally identify and depict historic
27 district boundaries and shall designate historically
28 significant properties meriting protection. The future land
29 use element must clearly identify the land use categories in
30 which public schools are an allowable use. When delineating
31 the land use categories in which public schools are an
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CS/HB 2335, First Engrossed
1 allowable use, a local government shall include in the
2 categories sufficient land proximate to residential
3 development to meet the projected needs for schools in
4 coordination with public school boards and may establish
5 differing criteria for schools of different type or size. Each
6 local government shall include lands contiguous to existing
7 school sites, to the maximum extent possible, within the land
8 use categories in which public schools are an allowable use.
9 All comprehensive plans must comply with the school siting
10 requirements of this paragraph no later than October 1, 1999.
11 The failure by a local government to comply with these school
12 siting requirements by October 1, 1999, will result in the
13 prohibition of the local government's ability to amend the
14 local comprehensive plan, except for plan amendments described
15 in s. 163.3187(1)(b), until the school siting requirements are
16 met. An amendment proposed by a local government for purposes
17 of identifying the land use categories in which public schools
18 are an allowable use is exempt from the limitation on the
19 frequency of plan amendments contained in s. 163.3187. The
20 future land use element shall include criteria which encourage
21 the location of schools proximate to urban residential areas
22 to the extent possible and shall require that the local
23 government seek to collocate public facilities, such as parks,
24 libraries, and community centers, with schools to the extent
25 possible. For schools serving predominantly rural areas, an
26 agricultural land use category may be eligible by plan
27 amendment for the location of public school facilities,
28 provided the local comprehensive plan contains school siting
29 criteria or the applicable land use category will be amended
30 through a comprehensive plan amendment.
31
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CS/HB 2335, First Engrossed
1 (k) An airport master plan shall be prepared by each
2 publicly owned and operated airport licensed by the Department
3 of Transportation under chapter 330. The airport master plan
4 shall address the airport, projected airport or aviation
5 development, and land use compatibility around the airport.
6 The airport master plan must be consistent with applicable
7 requirements for airport master planning issued by the Federal
8 Aviation Administration, pursuant to the applicable Federal
9 Aviation Administration's Advisory Circulars and Airport
10 Environmental Handbook, and by the Department of
11 Transportation, pursuant to s. 332.007(5), and with the
12 Department of Transportation's Guidebook for Airport Master
13 Planning and Airport Compatible Land Use Guidance. The airport
14 master plan, and any subsequent amendments to the airport
15 master plan, shall be incorporated into the transportation or
16 traffic circulation element of each affected local government
17 comprehensive plan by the adoption of a local government
18 comprehensive plan amendment. The authorized entity having
19 responsibility for governing the operation of the airport
20 shall submit copies of an airport master plan which meets the
21 requirements of this paragraph to the affected local
22 government no later than July 1, 2001. The affected local
23 government shall incorporate an airport master plan into the
24 local government comprehensive plan no later than July 1,
25 2002. As used in this paragraph, "affected local government"
26 means any local government having jurisdiction under this act
27 over the area in which the airport or projected airport or
28 aviation development is located. The Department of Community
29 Affairs, in conjunction with the Department of Transportation,
30 shall provide technical assistance to airports and local
31 governments to assist in the coordination of airport master
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1 plans with the local government comprehensive plan, consistent
2 with the State Comprehensive Plan, the applicable strategic
3 regional policy plan, and state goals and objectives related
4 to airport planning. In the amendment to the local
5 comprehensive plan which integrates the airport master plan,
6 the affected local government shall address land use
7 compatibility consistent with chapter 333 regarding airport
8 zoning; the provision of regional transportation facilities
9 for the efficient use and operation of the transportation
10 system and airport; consistency with the transportation or
11 traffic circulation element of the applicable local
12 comprehensive plan and applicable metropolitan planning
13 organization long-range transportation plan; and the execution
14 of any necessary interlocal agreements for the purpose of the
15 provision of public facilities and services to maintain the
16 adopted level of service standards for facilities subject to
17 concurrency. The amendment to the local comprehensive plan
18 which integrates the airport master plan shall meet the
19 requirements of this paragraph. Development or expansion of
20 any publicly owned or operated airport, or airport-related or
21 aviation-related development, meeting the requirements of this
22 paragraph shall not be a development of regional impact when
23 such development, expansion, project, or facility is
24 consistent with an adopted airport master plan that is
25 approved by the Federal Aviation Administration and the
26 Department of Transportation and is in compliance with this
27 part.
28 (10) The Legislature recognizes the importance and
29 significance of chapter 9J-5, Florida Administrative Code, the
30 Minimum Criteria for Review of Local Government Comprehensive
31 Plans and Determination of Compliance of the Department of
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CS/HB 2335, First Engrossed
1 Community Affairs that will be used to determine compliance of
2 local comprehensive plans. The Legislature reserved unto
3 itself the right to review chapter 9J-5, Florida
4 Administrative Code, and to reject, modify, or take no action
5 relative to this rule. Therefore, pursuant to subsection (9),
6 the Legislature hereby has reviewed chapter 9J-5, Florida
7 Administrative Code, and expresses the following legislative
8 intent:
9 (i) Due to the varying complexities, sizes, growth
10 rates, and other factors associated with local governments in
11 Florida, the department shall take into account the factors
12 delineated in rule 9J-5.002(2), Florida Administrative Code,
13 as it provides assistance to local governments and applies the
14 rule in specific situations with regard to the detail of the
15 data and analysis, and the content of the goals, objectives,
16 policies, and other graphic or textual standards required. If
17 a local government has in place a comprehensive plan found in
18 compliance, the department shall take into account as it
19 applies chapter 9J-5, Florida Administrative Code, whether a
20 plan amendment constitutes substantial progress over existing
21 provisions in the local comprehensive plan regarding
22 consistency with chapter 9J-5, Florida Administrative Code.
23 The provisions of this paragraph are not intended to allow the
24 department to waive or vary any of the requirements of law.
25 (11)(a) The Legislature recognizes the need for
26 innovative planning and development strategies which will
27 address the anticipated demands of continued urbanization of
28 Florida's coastal and other environmentally sensitive areas,
29 and which will accommodate the development of less populated
30 regions of the state which seek economic development and which
31 have suitable land and water resources to accommodate growth
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1 in an environmentally acceptable manner. The Legislature
2 further recognizes the substantial advantages of innovative
3 approaches to development which may better serve to protect
4 environmentally sensitive areas, maintain the economic
5 viability of agricultural and other predominantly rural land
6 uses, and provide for the cost-efficient delivery of public
7 facilities and services.
8 (b) It is the intent of the Legislature that the local
9 government comprehensive plans and plan amendments adopted
10 pursuant to the provisions of this part provide for a planning
11 process which allows for land use efficiencies within existing
12 urban areas and which also allows for the conversion of rural
13 lands to other uses, where appropriate and consistent with the
14 other provisions of this part and the affected local
15 comprehensive plans, through the application of innovative and
16 flexible planning and development strategies and creative land
17 use planning techniques, which may include, but not be limited
18 to, urban villages, new towns, satellite communities,
19 area-based allocations, clustering and open space provisions,
20 mixed-use development, and sector planning.
21 (c) Lands classified in the future land use plan
22 element as agricultural, rural, open, open/rural, or a
23 substantively equivalent land use shall also be deemed
24 appropriate for innovative planning and development strategies
25 described in paragraphs (a) and (b) which the department
26 recognizes as methods for discouraging urban sprawl consistent
27 with the provisions of the state comprehensive plan, regional
28 policy plans, and this part.
29 (d) The Department of Community Affairs, in
30 conjunction with the Department of Agriculture and Consumer
31 Services, shall, by no later than December 15, 2000, prepare
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1 and submit to the Governor, the Speaker of the House of
2 Representatives, and the President of the Senate a report on a
3 program of planning incentives, economic incentives, and other
4 measures as may be necessary to facilitate the timely
5 implementation of innovative planning and development
6 strategies described in paragraphs (a), (b), and (c) while
7 protecting environmentally sensitive areas, maintaining the
8 economic viability of agriculture and other predominantly
9 rural land uses, and providing for the cost-efficient delivery
10 of public facilities and services. Such incentives and other
11 measures shall address the following:
12 1. "Smart growth" strategies within rural areas which
13 proactively address both the pressures of population growth
14 and the substantial need for rural economic development.
15 2. The importance of maintaining rural land values as
16 the cornerstone of maintaining a viable rural economy.
17 3. Expression of the contents of paragraphs (a), (b),
18 and (c) in the form of practical and easily understood
19 planning guidelines.
20 4. A rural lands stewardship program under which the
21 owners of rural property are encouraged to convey development
22 rights in exchange for smart growth development credits which
23 are transferable within rural areas in which innovative
24 development and strategies are applied as part of a pattern of
25 land use which protects environmentally sensitive areas,
26 maintains the economic viability of agriculture and other
27 predominantly rural land uses, and provides for the
28 cost-efficient delivery of public facilities and services.
29 5. Strategies and incentives to reward best management
30 practices for agricultural activities consistent with the
31
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1 conservation and protection of environmentally sensitive areas
2 and sound water management practices.
3 6. The coordination of state transportation
4 facilities, including roadways, railways, and port and airport
5 facilities, to provide for the transportation of agricultural
6 products and supplies.
7
8 The Department of Community Affairs shall also submit a copy
9 of such report to the Grow Smart Florida Study Commission by
10 December 15, 2000. The Department of Community Affairs and the
11 Department of Agriculture and Consumer Services shall
12 regularly report their progress on these issues to the
13 commission, cooperate and lend assistance to the commission,
14 and coordinate their final reporting to the Legislature to the
15 greatest extent possible.
16 (e)(c) It is the further intent of the Legislature
17 that local government comprehensive plans and implementing
18 land development regulations shall provide strategies which
19 maximize the use of existing facilities and services through
20 redevelopment, urban infill development, and other strategies
21 for urban revitalization.
22 (f)(d) The implementation of this subsection shall be
23 subject to the provisions of this chapter, chapters 186 and
24 187, and applicable agency rules.
25 (g)(e) The department shall implement the provisions
26 of this subsection by rule.
27 Section 7. Paragraph (g) of subsection (2) of section
28 163.3178, Florida Statutes, is amended to read:
29 163.3178 Coastal management.--
30 (2) Each coastal management element required by s.
31 163.3177(6)(g) shall be based on studies, surveys, and data;
20
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CS/HB 2335, First Engrossed
1 be consistent with coastal resource plans prepared and adopted
2 pursuant to general or special law; and contain:
3 (g) A shoreline use component which identifies public
4 access to beach and shoreline areas and addresses the need for
5 water-dependent and water-related facilities, including
6 marinas, along shoreline areas. Local governments within
7 counties identified in s. 370.12(2)(f) shall adopt a marina
8 siting plan as part of this component no later than October 1,
9 2001.
10 Section 8. Subsections (3), (4), (6), (7), (8), and
11 (15) and paragraph (d) of subsection (16) of section 163.3184,
12 Florida Statutes, are amended to read:
13 163.3184 Process for adoption of comprehensive plan or
14 plan amendment.--
15 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
16 AMENDMENT.--
17 (a) Each local governing body shall transmit the
18 complete proposed comprehensive plan or plan amendment to the
19 state land planning agency, the appropriate regional planning
20 council and water management district, the Department of
21 Environmental Protection, the Department of State, and the
22 Department of Transportation, and, in the case of municipal
23 plans, to the appropriate county, and, in the case of county
24 plans, to the Fish and Wildlife Conservation Commission and
25 the Department of Agriculture and Consumer Services,
26 immediately following a public hearing pursuant to subsection
27 (15) as specified in the state land planning agency's
28 procedural rules. The local governing body shall also transmit
29 a copy of the complete proposed comprehensive plan or plan
30 amendment to any other unit of local government or government
31 agency in the state that has filed a written request with the
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CS/HB 2335, First Engrossed
1 governing body for the plan or plan amendment. The local
2 government may request a review by the state land planning
3 agency pursuant to subsection (6) at the time of transmittal
4 of an amendment.
5 (b) A local governing body shall not transmit portions
6 of a plan or plan amendment unless it has previously provided
7 to all state agencies designated by the state land planning
8 agency a complete copy of its adopted comprehensive plan
9 pursuant to subsection (7) and as specified in the agency's
10 procedural rules. In the case of comprehensive plan
11 amendments, the local governing body shall transmit to the
12 state land planning agency, the appropriate regional planning
13 council and water management district, the Department of
14 Environmental Protection, the Department of State, and the
15 Department of Transportation, and, in the case of municipal
16 plans, to the appropriate county, and, in the case of county
17 plans, to the Fish and Wildlife Conservation Commission and
18 the Department of Agriculture and Consumer Services, the
19 materials specified in the state land planning agency's
20 procedural rules and, in cases in which the plan amendment is
21 a result of an evaluation and appraisal report adopted
22 pursuant to s. 163.3191, a copy of the evaluation and
23 appraisal report. Local governing bodies shall consolidate all
24 proposed plan amendments into a single submission for each of
25 the two plan amendment adoption dates during the calendar year
26 pursuant to s. 163.3187.
27 (c) A local government may adopt a proposed plan
28 amendment previously transmitted pursuant to this subsection,
29 unless review is requested or otherwise initiated pursuant to
30 subsection (6).
31
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CS/HB 2335, First Engrossed
1 (d) In cases in which a local government transmits
2 multiple individual amendments that can be clearly and legally
3 separated and distinguished for the purpose of determining
4 whether to review the proposed amendment, and the state land
5 planning agency elects to review several or a portion of the
6 amendments and the local government chooses to immediately
7 adopt the remaining amendments not reviewed, the amendments
8 immediately adopted and any reviewed amendments that the local
9 government subsequently adopts together constitute one
10 amendment cycle in accordance with s. 163.3187(1).
11 (4) INTERGOVERNMENTAL REVIEW.--If review of a proposed
12 comprehensive plan amendment is requested or otherwise
13 initiated pursuant to subsection (6), the state land planning
14 agency within 5 working days of determining that such a review
15 will be conducted shall transmit a copy of the proposed plan
16 amendment to various government agencies, as appropriate, for
17 response or comment, including, but not limited to, the
18 Department of Environmental Protection, the Department of
19 Transportation, the water management district, and the
20 regional planning council, and, in the case of municipal
21 plans, to the county land planning agency. The These
22 governmental agencies specified in paragraph (3)(a) shall
23 provide comments to the state land planning agency within 30
24 days after receipt by the state land planning agency of the
25 complete proposed plan amendment. The appropriate regional
26 planning council shall also provide its written comments to
27 the state land planning agency within 30 days after receipt by
28 the state land planning agency of the complete proposed plan
29 amendment and shall specify any objections, recommendations
30 for modifications, and comments of any other regional agencies
31 to which the regional planning council may have referred the
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1 proposed plan amendment. Written comments submitted by the
2 public within 30 days after notice of transmittal by the local
3 government of the proposed plan amendment will be considered
4 as if submitted by governmental agencies. All written agency
5 and public comments must be made part of the file maintained
6 under subsection (2).
7 (6) STATE LAND PLANNING AGENCY REVIEW.--
8 (a) The state land planning agency shall review a
9 proposed plan amendment upon request of a regional planning
10 council, affected person, or local government transmitting the
11 plan amendment. The request from the regional planning council
12 or affected person must be if the request is received within
13 30 days after transmittal of the proposed plan amendment
14 pursuant to subsection (3). The agency shall issue a report of
15 its objections, recommendations, and comments regarding the
16 proposed plan amendment. A regional planning council or
17 affected person requesting a review shall do so by submitting
18 a written request to the agency with a notice of the request
19 to the local government and any other person who has requested
20 notice.
21 (b) The state land planning agency may review any
22 proposed plan amendment regardless of whether a request for
23 review has been made, if the agency gives notice to the local
24 government, and any other person who has requested notice, of
25 its intention to conduct such a review within 35 30 days of
26 receipt by the state land planning agency transmittal of the
27 complete proposed plan amendment pursuant to subsection (3).
28 (c) The state land planning agency shall establish by
29 rule a schedule for receipt of comments from the various
30 government agencies, as well as written public comments,
31 pursuant to subsection (4). If the state land planning agency
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1 elects to review the amendment or the agency is required to
2 review the amendment as specified in paragraph (a), the agency
3 shall issue a report of its objections, recommendations, and
4 comments regarding the proposed amendment within 60 days of
5 receipt of the complete proposed amendment by the state land
6 planning agency. Proposed comprehensive plan amendments from
7 small counties or rural communities for the purpose of job
8 creation, economic development, or strengthening and
9 diversifying the economy shall receive priority review by the
10 state land planning agency. The state land planning agency
11 shall have 30 days to review comments from the various
12 government agencies along with a local government's
13 comprehensive plan or plan amendment. During that period, the
14 state land planning agency shall transmit in writing its
15 comments to the local government along with any objections and
16 any recommendations for modifications. When a federal, state,
17 or regional agency has implemented a permitting program, the
18 state land planning agency shall not require a local
19 government to duplicate or exceed that permitting program in
20 its comprehensive plan or to implement such a permitting
21 program in its land development regulations. Nothing
22 contained herein shall prohibit the state land planning agency
23 in conducting its review of local plans or plan amendments
24 from making objections, recommendations, and comments or
25 making compliance determinations regarding densities and
26 intensities consistent with the provisions of this part. In
27 preparing its comments, the state land planning agency shall
28 only base its considerations on written, and not oral,
29 comments, from any source.
30 (d) The state land planning agency review shall
31 identify all written communications with the agency regarding
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1 the proposed plan amendment. If the state land planning agency
2 does not issue such a review, it shall identify in writing to
3 the local government all written communications received 30
4 days after transmittal. The written identification must
5 include a list of all documents received or generated by the
6 agency, which list must be of sufficient specificity to enable
7 the documents to be identified and copies requested, if
8 desired, and the name of the person to be contacted to request
9 copies of any identified document. The list of documents must
10 be made a part of the public records of the state land
11 planning agency.
12 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
13 PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government
14 shall review the written comments submitted to it by the state
15 land planning agency, and any other person, agency, or
16 government. Any comments, recommendations, or objections and
17 any reply to them shall be public documents, a part of the
18 permanent record in the matter, and admissible in any
19 proceeding in which the comprehensive plan or plan amendment
20 may be at issue. The local government, upon receipt of
21 written comments from the state land planning agency, shall
22 have 120 days to adopt or adopt with changes the proposed
23 comprehensive plan or s. 163.3191 plan amendments. In the
24 case of comprehensive plan amendments other than those
25 proposed pursuant to s. 163.3191, the local government shall
26 have 60 days to adopt the amendment, adopt the amendment with
27 changes, or determine that it will not adopt the amendment.
28 The adoption of the proposed plan or plan amendment or the
29 determination not to adopt a plan amendment, other than a plan
30 amendment proposed pursuant to s. 163.3191, shall be made in
31 the course of a public hearing pursuant to subsection (15).
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1 The local government shall transmit the complete adopted
2 comprehensive plan or adopted plan amendment to the state land
3 planning agency as specified in the agency's procedural rules
4 within 10 working days after adoption, including the names and
5 addresses of persons compiled pursuant to paragraph (15)(c).
6 The local governing body shall also transmit a copy of the
7 adopted comprehensive plan or plan amendment to the regional
8 planning agency and to any other unit of local government or
9 governmental agency in the state that has filed a written
10 request with the governing body for a copy of the plan or plan
11 amendment.
12 (8) NOTICE OF INTENT.--
13 (a) Except as provided in s. 163.3187(3), the state
14 land planning agency, upon receipt of a local government's
15 complete adopted comprehensive plan or plan amendment, shall
16 have 45 days for review and to determine if the plan or plan
17 amendment is in compliance with this act, unless the amendment
18 is the result of a compliance agreement entered into under
19 subsection (16), in which case the time period for review and
20 determination shall be 30 days. If review was not conducted
21 under subsection (6), the agency's determination must be based
22 upon the plan amendment as adopted. If review was conducted
23 under subsection (6), the agency's determination of compliance
24 must be based only upon one or both of the following:
25 1. The state land planning agency's written comments
26 to the local government pursuant to subsection (6); or
27 2. Any changes made by the local government to the
28 comprehensive plan or plan amendment as adopted.
29 (b) During the time period provided for in this
30 subsection, the state land planning agency shall issue,
31 through a senior administrator or the secretary, as specified
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CS/HB 2335, First Engrossed
1 in the agency's procedural rules, a notice of intent to find
2 that the plan or plan amendment is in compliance or not in
3 compliance. A notice of intent shall be issued by publication
4 in the manner provided by this paragraph and by mailing a copy
5 to the local government and to persons who request notice.
6 The required advertisement shall be no less than 2 columns
7 wide by 10 inches long, and the headline in the advertisement
8 shall be in a type no smaller than 12 point. The advertisement
9 shall not be placed in that portion of the newspaper where
10 legal notices and classified advertisements appear. The
11 advertisement shall be published in a newspaper which meets
12 the size and circulation requirements set forth in paragraph
13 (15)(d)(c) and which has been designated in writing by the
14 affected local government at the time of transmittal of the
15 amendment. Publication by the state land planning agency of a
16 notice of intent in the newspaper designated by the local
17 government shall be prima facie evidence of compliance with
18 the publication requirements of this section.
19 (c) The state land planning agency shall post a copy
20 of the notice of intent on the agency's Internet site. The
21 agency shall, no later than the date the notice of intent is
22 transmitted to the newspaper, mail a courtesy informational
23 statement to the persons whose names and mailing addresses
24 were compiled pursuant to paragraph (15)(c). The informational
25 statement shall include the identity of the newspaper in which
26 the notice of intent will appear, the approximate date of
27 publication of the notice of intent, the ordinance number of
28 the plan or plan amendment, and a statement that the
29 informational statement is provided as a courtesy to the
30 person and that affected persons have 21 days from the actual
31 date of publication of the notice to file a petition. The
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CS/HB 2335, First Engrossed
1 informational statement shall be sent by regular mail and
2 shall not affect the timeframes in subsections (9) and (10).
3 (15) PUBLIC HEARINGS.--
4 (a) The procedure for transmittal of a complete
5 proposed comprehensive plan or plan amendment pursuant to
6 subsection (3) and for adoption of a comprehensive plan or
7 plan amendment pursuant to subsection (7) shall be by
8 affirmative vote of not less than a majority of the members of
9 the governing body present at the hearing. The adoption of a
10 comprehensive plan or plan amendment shall be by ordinance.
11 For the purposes of transmitting or adopting a comprehensive
12 plan or plan amendment, the notice requirements in chapters
13 125 and 166 are superseded by this subsection, except as
14 provided in this part.
15 (b) The local governing body shall hold at least two
16 advertised public hearings on the proposed comprehensive plan
17 or plan amendment as follows:
18 1. The first public hearing shall be held at the
19 transmittal stage pursuant to subsection (3). It shall be
20 held on a weekday at least 7 days after the day that the first
21 advertisement is published.
22 2. The second public hearing shall be held at the
23 adoption stage pursuant to subsection (7). It shall be held
24 on a weekday at least 5 days after the day that the second
25 advertisement is published.
26 (c) The local government shall provide a sign-in form
27 at the transmittal hearing and at the adoption hearing for
28 persons to provide their name and mailing address. The sign-in
29 form shall state that any person providing the requested
30 information will receive a courtesy informational statement
31 concerning publication of the state land planning agency's
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CS/HB 2335, First Engrossed
1 notice of intent. The local government shall add to the
2 sign-in form the name and address of any person who submits
3 written comments concerning the proposed plan or plan
4 amendment during the time period between the commencement of
5 the transmittal hearing and the end of the adoption hearing.
6 It shall be the responsibility of the person completing the
7 form or providing written comments to accurately, completely,
8 and legibly provide all information required to receive the
9 courtesy informational statement. The agency shall adopt rules
10 to provide a model sign-in form and the format for providing
11 the list to the agency which may be used by the local
12 government to satisfy the requirements of this paragraph.
13 (d)(c) If the proposed comprehensive plan or plan
14 amendment changes the actual list of permitted, conditional,
15 or prohibited uses within a future land use category or
16 changes the actual future land use map designation of a parcel
17 or parcels of land, the required advertisements shall be in
18 the format prescribed by s. 125.66(4)(b)2. for a county or by
19 s. 166.041(3)(c)2.b. for a municipality.
20 (16) COMPLIANCE AGREEMENTS.--
21 (d) A local government may adopt a plan amendment
22 pursuant to a compliance agreement in accordance with the
23 requirements of paragraph (15)(a). The plan amendment shall be
24 exempt from the requirements of subsections (2) through (7).
25 The local government shall hold a single adoption public
26 hearing pursuant to the requirements of subparagraph (15)(b)2.
27 and paragraph (15)(d)(c). Within 10 working days after
28 adoption of a plan amendment, the local government shall
29 transmit the amendment to the state land planning agency as
30 specified in the agency's procedural rules, and shall submit
31 one copy to the regional planning agency and to any other unit
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CS/HB 2335, First Engrossed
1 of local government or government agency in the state that has
2 filed a written request with the governing body for a copy of
3 the plan amendment, and one copy to any party to the
4 proceeding under ss. 120.569 and 120.57 granted intervenor
5 status.
6 Section 9. Paragraph (c) of subsection (1) of section
7 163.3187, Florida Statutes, is amended to read:
8 163.3187 Amendment of adopted comprehensive plan.--
9 (1) Amendments to comprehensive plans adopted pursuant
10 to this part may be made not more than two times during any
11 calendar year, except:
12 (c) Any local government comprehensive plan amendments
13 directly related to proposed small scale development
14 activities may be approved without regard to statutory limits
15 on the frequency of consideration of amendments to the local
16 comprehensive plan. A small scale development amendment may
17 be adopted only under the following conditions:
18 1. The proposed amendment involves a use of 10 acres
19 or fewer, except that a proposed amendment may involve a use
20 of 20 acres or fewer if located within an area designated in
21 the local comprehensive plan for urban infill, urban
22 redevelopment, or downtown revitalization as defined in s.
23 163.3164, urban infill and redevelopment areas designated
24 under s. 163.2517, transportation concurrency exception areas
25 approved pursuant to s. 163.3180(5), or regional activity
26 centers and urban central business districts approved pursuant
27 to s. 380.06(2)(e), and:
28 a. The cumulative annual effect of the acreage for all
29 small scale development amendments adopted by the local
30 government does shall not exceed:
31
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CS/HB 2335, First Engrossed
1 (I) A maximum of 150 120 acres in the a local
2 government that contains areas specifically designated in the
3 local comprehensive plan for urban infill, urban
4 redevelopment, or downtown revitalization as defined in s.
5 163.3164, urban infill and redevelopment areas designated
6 under s. 163.2517, transportation concurrency exception areas
7 approved pursuant to s. 163.3180(5), or regional activity
8 centers and urban central business districts approved pursuant
9 to s. 380.06(2)(e); however, amendments under this paragraph
10 may be applied to no more than 60 acres annually of property
11 outside the designated areas listed in this
12 sub-sub-subparagraph.
13 (II) A maximum of 80 acres in a local government that
14 does not contain any of the designated areas set forth in
15 sub-sub-subparagraph (I).
16 (II)(III) A maximum of 200 120 acres in a county
17 established pursuant to s. 9, Art. VIII of the Constitution of
18 1885, as preserved by s. 6(e), Art. VIII of the revised state
19 constitution.
20 b. The proposed amendment does not involve the same
21 property granted a change within the prior 12 months.
22 c. The proposed amendment does not involve the same
23 owner's property within 200 feet of property granted a change
24 within the prior 12 months.
25 d. The proposed amendment does not involve a text
26 change to the goals, policies, and objectives of the local
27 government's comprehensive plan, but only proposes a land use
28 change to the future land use map for a site-specific small
29 scale development activity.
30 e. The property that is the subject of the proposed
31 amendment is not located within an area of critical state
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CS/HB 2335, First Engrossed
1 concern, unless the project subject to the proposed amendment
2 involves the construction of affordable housing units meeting
3 the criteria of s. 420.0004(3), and is located within an area
4 of critical state concern designated by s. 380.0552 or by the
5 Administration Commission pursuant to s. 380.05(1). Such
6 amendment is not subject to the density limitations of
7 sub-subparagraph f., and shall be reviewed by the state land
8 planning agency for consistency with the principles for
9 guiding development applicable to the area of critical state
10 concern where the property that is the subject of the
11 amendment is located, and shall not become effective until a
12 final order is issued under s. 380.05(6).
13 f. If The proposed amendment does not involve involves
14 a residential land use within the coastal high hazard area
15 with, the residential land use has a density exceeding of 10
16 units or less per acre., except that this limitation does not
17 apply to small scale amendments described in
18 sub-sub-subparagraph a.(I) that are designated in the local
19 comprehensive plan for urban infill, urban redevelopment, or
20 downtown revitalization as defined in s. 163.3164, urban
21 infill and redevelopment areas designated under s. 163.2517,
22 transportation concurrency exception areas approved pursuant
23 to s. 163.3180(5), or regional activity centers and urban
24 central business districts approved pursuant to s.
25 380.06(2)(e).
26 2.a. A local government that proposes to consider a
27 plan amendment pursuant to this paragraph is not required to
28 comply with the procedures and public notice requirements of
29 s. 163.3184(15)(d)(c) for such plan amendments if the local
30 government complies with the provisions in s. 125.66(4)(a) for
31 a county or in s. 166.041(3)(c) for a municipality. If a
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1 request for a plan amendment under this paragraph is initiated
2 by other than the local government, public notice is required.
3 b. The local government shall send copies of the
4 notice and amendment to the state land planning agency, the
5 regional planning council, and any other person or entity
6 requesting a copy. This information shall also include a
7 statement identifying any property subject to the amendment
8 that is located within a coastal high hazard area as
9 identified in the local comprehensive plan.
10 3. Small scale development amendments adopted pursuant
11 to this paragraph require only one public hearing before the
12 governing board, which shall be an adoption hearing as
13 described in s. 163.3184(7), and are not subject to the
14 requirements of s. 163.3184(3)-(6) unless the local government
15 elects to have them subject to those requirements.
16 Section 10. Section 163.3215, Florida Statutes, is
17 amended to read:
18 163.3215 Standing to enforce local comprehensive plans
19 through development orders.--
20 (1) Any aggrieved or adversely affected party may
21 maintain an action for injunctive or other relief against any
22 local government to prevent such local government from taking
23 any action on a development order, as defined in s. 163.3164,
24 which materially alters the use or density or intensity of use
25 on a particular piece of property, to challenge the local
26 government's determination regarding the consistency of the
27 development order that is not consistent with the
28 comprehensive plan adopted under this part. Such action shall
29 be filed no later than 30 days following rendition of a
30 development order or other written decision.
31
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1 (2) "Aggrieved or adversely affected party" means any
2 person or local government which will suffer an adverse effect
3 to an interest protected or furthered by the local government
4 comprehensive plan, including interests related to health and
5 safety, police and fire protection service systems, densities
6 or intensities of development, transportation facilities,
7 health care facilities, equipment or services, or
8 environmental or natural resources. The alleged adverse
9 interest may be shared in common with other members of the
10 community at large, but shall exceed in degree the general
11 interest in community good shared by all persons. The term
12 includes the owner, developer, or applicant for a development
13 order.
14 (3)(a) No suit may be maintained under this section
15 challenging the approval or denial of a zoning, rezoning,
16 planned unit development, variance, special exception,
17 conditional use, or other development order granted prior to
18 October 1, 1985, or applied for prior to July 1, 1985.
19 (b) Suit under this section shall be the sole action
20 available to challenge the consistency of any a development
21 order with a comprehensive plan adopted under this part. The
22 local government that issued the development order and the
23 applicant for the development order, if suit is brought by an
24 aggrieved or adversely affected party, shall be named as
25 respondents in any proceeding pursuant to this section.
26 (4) If a local government adopts an ordinance
27 establishing, at a minimum, the components of its local
28 development review process listed in this subsection, then the
29 sole action for an aggrieved or adversely affected party to
30 challenge consistency of a development order with the
31 comprehensive plan shall be by a petition for certiorari filed
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CS/HB 2335, First Engrossed
1 in circuit court. The court shall have the authority to order
2 injunctive or such other relief as it deems appropriate.
3 Minimum components of the local process shall be as follows:
4 (a) Notice by publication and by mailed notice to all
5 abutting property owners simultaneous with the filing of
6 application for development review.
7 (b) An opportunity to participate in the process for
8 an aggrieved or adversely affected party which provides a
9 reasonable time to prepare and present a case.
10 (c) An opportunity for reasonable discovery prior to a
11 quasi-judicial hearing.
12 (d) A hearing before an independent special master,
13 who shall be an attorney with at least 5 years' experience,
14 and who shall, at conclusion of the hearing, recommend written
15 findings of fact and conclusions of law.
16 (e) At the hearing all parties shall have the
17 opportunity to respond, to present evidence and argument on
18 all issues involved, and to conduct cross examination and
19 submit rebuttal evidence.
20 (f) The standard of review applied by the special
21 master shall be in accordance with Florida law.
22 (g) A hearing before the local government, which shall
23 be bound by the special master's findings of fact unless not
24 supported by competent substantial evidence, but which shall
25 not be bound by the conclusions of law if it finds that the
26 special master's application or interpretation of law is
27 erroneous. As a condition precedent to the institution of an
28 action pursuant to this section, the complaining party shall
29 first file a verified complaint with the local government
30 whose actions are complained of setting forth the facts upon
31 which the complaint is based and the relief sought by the
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CS/HB 2335, First Engrossed
1 complaining party. The verified complaint shall be filed no
2 later than 30 days after the alleged inconsistent action has
3 been taken. The local government receiving the complaint
4 shall respond within 30 days after receipt of the complaint.
5 Thereafter, the complaining party may institute the action
6 authorized in this section. However, the action shall be
7 instituted no later than 30 days after the expiration of the
8 30-day period which the local government has to take
9 appropriate action. Failure to comply with this subsection
10 shall not bar an action for a temporary restraining order to
11 prevent immediate and irreparable harm from the actions
12 complained of.
13 (5) Venue in any cases brought under this section
14 shall lie in the county or counties where the actions or
15 inactions giving rise to the cause of action are alleged to
16 have occurred.
17 (6) The signature of an attorney or party constitutes
18 a certificate that he or she has read the pleading, motion, or
19 other paper and that, to the best of his or her knowledge,
20 information, and belief formed after reasonable inquiry, it is
21 not interposed for any improper purpose, such as to harass or
22 to cause unnecessary delay or for economic advantage,
23 competitive reasons or frivolous purposes or needless increase
24 in the cost of litigation. If a pleading, motion, or other
25 paper is signed in violation of these requirements, the court,
26 upon motion or its own initiative, shall impose upon the
27 person who signed it, a represented party, or both, an
28 appropriate sanction, which may include an order to pay to the
29 other party or parties the amount of reasonable expenses
30 incurred because of the filing of the pleading, motion, or
31 other paper, including a reasonable attorney's fee.
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1 (7) In any action under this section, no settlement
2 shall be entered into by the local government unless the terms
3 of the settlement have been the subject of a public hearing
4 after notice as required by this part.
5 (8) In any suit under this section, the Department of
6 Legal Affairs may intervene to represent the interests of the
7 state.
8 Section 11. Section 163.3245, Florida Statutes, is
9 amended to read:
10 163.3245 Optional sector plans.--
11 (1) In recognition of the benefits of conceptual
12 long-range planning for the buildout of an area, and detailed
13 planning for specific areas, as a demonstration project, the
14 requirements of s. 380.06 may be addressed as identified by
15 this section for up to five local governments or combinations
16 of local governments which adopt into the comprehensive plan
17 an optional sector plan in accordance with this section. This
18 section is intended to further the intent of s. 163.3177(11),
19 which supports innovative and flexible planning and
20 development strategies, and the purposes of this part, and
21 part I of chapter 380, and to avoid duplication of effort in
22 terms of the level of data and analysis required for a
23 development of regional impact, while ensuring the adequate
24 mitigation of impacts to applicable regional resources and
25 facilities, including those within the jurisdiction of other
26 local governments, as would otherwise be provided. Optional
27 sector plans are intended for substantial geographic areas
28 including at least 5,000 acres of one or more local
29 governmental jurisdictions and are to emphasize urban form and
30 protection of regionally significant resources and facilities.
31 The state land planning agency may approve optional sector
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1 plans of less than 5,000 acres based on local circumstances if
2 it is determined that the plan would further the purposes of
3 this part and part I of chapter 380. Preparation of an
4 optional sector plan is authorized by agreement between the
5 state land planning agency and the applicable local
6 governments under s. 163.3171(4). An optional sector plan may
7 be adopted through one or more comprehensive plan amendments
8 under s. 163.3184. However, an optional sector plan may not be
9 authorized in an area of critical state concern.
10 (2) The state land planning agency may enter into an
11 agreement to authorize preparation of an optional sector plan
12 upon the request of one or more local governments based on
13 consideration of problems and opportunities presented by
14 existing development trends; the effectiveness of current
15 comprehensive plan provisions; the potential to further the
16 state comprehensive plan, applicable strategic regional policy
17 plans, this part, and part I of chapter 380; and those factors
18 identified by s. 163.3177(10)(i). The applicable regional
19 planning council shall conduct a scoping meeting with affected
20 local governments and those agencies identified in s.
21 163.3184(3)(a)(4) before execution of the agreement authorized
22 by this section. The purpose of this meeting is to assist the
23 state land planning agency and the local government in the
24 identification of the relevant planning issues to be addressed
25 and the data and resources available to assist in the
26 preparation of subsequent plan amendments. The regional
27 planning council shall make written recommendations to the
28 state land planning agency and affected local governments,
29 including whether an optional a sustainable sector plan would
30 be appropriate. The agreement must define the geographic area
31 to be subject to the sector plan, the planning issues that
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1 will be emphasized, requirements for intergovernmental
2 coordination to address extrajurisdictional impacts,
3 supporting application materials including data and analysis,
4 and procedures for public participation. An agreement may
5 address previously adopted sector plans that are consistent
6 with the standards in this section. Before executing an
7 agreement under this subsection, the local government shall
8 hold a duly noticed public workshop to review and explain to
9 the public the optional sector planning process and the terms
10 and conditions of the proposed agreement. The local government
11 shall hold a duly noticed public hearing on whether to execute
12 the agreement. All meetings between the department and the
13 local government must be open to the public.
14 (3) Optional sector planning encompasses two levels:
15 adoption under s. 163.3184 of a conceptual long-term buildout
16 overlay to the comprehensive plan, having no immediate effect
17 on the issuance of development orders or the applicability of
18 s. 380.06, and adoption under s. 163.3184 of detailed specific
19 area plans that implement the conceptual long-term buildout
20 overlay and authorize issuance of development orders, and
21 within which s. 380.06 is waived. Until such time as a
22 detailed specific area plan is adopted, the underlying future
23 land use designations apply.
24 (a) In addition to the other requirements of this
25 chapter, a conceptual long-term buildout overlay must include:
26 1. A long-range conceptual framework map that at a
27 minimum identifies anticipated areas of urban, agricultural,
28 rural, and conservation land use.
29 2. Identification of regionally significant public
30 facilities consistent with chapter 9J-2, Florida
31 Administrative Code, irrespective of local governmental
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1 jurisdiction necessary to support buildout of the anticipated
2 future land uses.
3 3. Identification of regionally significant natural
4 resources consistent with chapter 9J-2, Florida Administrative
5 Code.
6 4. Principles and guidelines that address the urban
7 form and interrelationships of anticipated future land uses
8 and a discussion, at the applicant's option, of the extent, if
9 any, to which the plan will address restoring key ecosystems,
10 achieving a more clean, healthy environment, limiting urban
11 sprawl, protecting wildlife and natural areas, advancing the
12 efficient use of land and other resources, and creating
13 quality communities and jobs.
14 5. Identification of general procedures to ensure
15 intergovernmental coordination to address extrajurisdictional
16 impacts from the long-range conceptual framework map.
17 (b) In addition to the other requirements of this
18 chapter, including those in paragraph (a), the detailed
19 specific area plans must include:
20 1. An area of adequate size to accommodate a level of
21 development which achieves a functional relationship between a
22 full range of land uses within the area and to encompass at
23 least 1,000 acres. The state land planning agency may approve
24 detailed specific area plans of less than 1,000 acres based on
25 local circumstances if it is determined that the plan furthers
26 the purposes of this part and part I of chapter 380.
27 2. Detailed identification and analysis of the
28 distribution, extent, and location of future land uses.
29 3. Detailed identification of regionally significant
30 public facilities, including public facilities outside the
31 jurisdiction of the host local government, anticipated impacts
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1 of future land uses on those facilities, and required
2 improvements to maintain adopted level of service standards
3 consistent with chapter 9J-2, Florida Administrative Code.
4 4. Public facilities necessary for the short term,
5 including developer contributions in a financially feasible
6 5-year capital improvement schedule of the affected local
7 government.
8 5. Detailed analysis and identification of specific
9 measures to assure the protection of regionally significant
10 natural resources and other important resources both within
11 and outside the host jurisdiction, including those regionally
12 significant resources identified in chapter 9J-2, Florida
13 Administrative Code.
14 6. Principles and guidelines that address the urban
15 form and interrelationships of anticipated future land uses
16 and a discussion, at the applicant's option, of the extent, if
17 any, to which the plan will address restoring key ecosystems,
18 achieving a more clean, healthy environment, limiting urban
19 sprawl, protecting wildlife and natural areas, advancing the
20 efficient use of land and other resources, and creating
21 quality communities and jobs.
22 7. Identification of specific procedures to ensure
23 intergovernmental coordination to address extrajurisdictional
24 impacts of the detailed specific area plan.
25 (c) This subsection may not be construed to prevent
26 preparation and approval of the optional sector plan and
27 detailed specific area plan concurrently or in the same
28 submission.
29 (4) The host local government shall submit a
30 monitoring report to the state land planning agency and
31 applicable regional planning council on an annual basis after
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1 adoption of a detailed specific area plan. The annual
2 monitoring report must provide summarized information on
3 development orders issued, development that has occurred,
4 public facility improvements made, and public facility
5 improvements anticipated over the upcoming 5 years.
6 (5) When a plan amendment adopting a detailed specific
7 area plan has become effective under ss. 163.3184 and
8 163.3189(2), the provisions of s. 380.06 do not apply to
9 development within the geographic area of the detailed
10 specific area plan. Should this section be repealed, any
11 approved development within a detailed specific area plan
12 shall maintain its exemption from s. 380.06. However, any
13 development-of-regional-impact development order that is
14 vested from the detailed specific area plan may be enforced
15 under s. 380.11.
16 (a) The local government adopting the detailed
17 specific area plan is primarily responsible for monitoring and
18 enforcing the detailed specific area plan. Local governments
19 shall not issue any permits or approvals or provide any
20 extensions of services to development that are not consistent
21 with the detailed specific sector area plan.
22 (b) If the state land planning agency has reason to
23 believe that a violation of any detailed specific area plan,
24 or of any agreement entered into under this section, has
25 occurred or is about to occur, it may institute an
26 administrative or judicial proceeding to prevent, abate, or
27 control the conditions or activity creating the violation,
28 using the procedures in s. 380.11.
29 (c) In instituting an administrative or judicial
30 proceeding involving an optional sector plan or detailed
31 specific area plan, including a proceeding pursuant to
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CS/HB 2335, First Engrossed
1 paragraph (b), the complaining party shall comply with the
2 requirements of s. 163.3215(4), (5), (6), and (7).
3 (6) Beginning December 1, 1999, and each year
4 thereafter, the department shall provide a status report to
5 the Legislative Committee on Intergovernmental Relations
6 regarding each optional sector plan authorized under this
7 section.
8 (7) This section may not be construed to abrogate the
9 rights of any person under this chapter.
10 Section 12. Section 166.0498, Florida Statutes, is
11 created to read:
12 166.0498 Right of citizens to petition elected
13 officials.--No citizen shall be denied his or her
14 constitutional right to petition any elected official in
15 public or private. This provision shall preempt any other
16 special act or general law to the contrary.
17 Section 13. Subsection (1) of section 166.231, Florida
18 Statutes, is amended to read:
19 166.231 Municipalities; public service tax.--
20 (1)(a) A municipality may levy a tax on the purchase
21 of electricity, metered natural gas, liquefied petroleum gas
22 either metered or bottled, manufactured gas either metered or
23 bottled, and water service. Except for those municipalities to
24 which paragraph (c) applies, the tax shall be levied only upon
25 purchases within the municipality and shall not exceed 10
26 percent of the payments received by the seller of the taxable
27 item from the purchaser for the purchase of such service.
28 Municipalities imposing a tax on the purchase of cable
29 television service as of May 4, 1977, may continue to levy
30 such tax to the extent necessary to meet all obligations to or
31 for the benefit of holders of bonds or certificates which were
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CS/HB 2335, First Engrossed
1 issued prior to May 4, 1977. Purchase of electricity means
2 the purchase of electric power by a person who will consume it
3 within the municipality.
4 (b) The tax imposed by paragraph (a) shall not be
5 applied against any fuel adjustment charge, and such charge
6 shall be separately stated on each bill. The term "fuel
7 adjustment charge" means all increases in the cost of utility
8 services to the ultimate consumer resulting from an increase
9 in the cost of fuel to the utility subsequent to October 1,
10 1973.
11 (c) The tax imposed by paragraph (a) on water service
12 may be applied outside municipal boundaries to property
13 included in a development of regional impact approved pursuant
14 to s. 380.06, if agreed to in writing by the developer of such
15 property and the municipality prior to March 31, 2000. If a
16 tax levied pursuant to this paragraph is challenged, recovery,
17 if any, shall be limited to moneys paid into an escrow account
18 of the clerk of the court subsequent to such challenge.
19 Section 14. Paragraphs (c) and (g) of subsection (15),
20 and subsections (18) and (19) of section 380.06, Florida
21 Statutes, are amended, and paragraphs (i), (j), and (k) are
22 added to subsection (24) of said section, to read:
23 380.06 Developments of regional impact.--
24 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
25 (c) The development order shall include findings of
26 fact and conclusions of law consistent with subsections (13)
27 and (14). The development order:
28 1. Shall specify the monitoring procedures and the
29 local official responsible for assuring compliance by the
30 developer with the development order.
31
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CS/HB 2335, First Engrossed
1 2. Shall establish compliance dates for the
2 development order, including a deadline for commencing
3 physical development and for compliance with conditions of
4 approval or phasing requirements, and shall include a
5 termination date that reasonably reflects the time required to
6 complete the development.
7 3. Shall establish a date until which the local
8 government agrees that the approved development of regional
9 impact shall not be subject to downzoning, unit density
10 reduction, or intensity reduction, unless the local government
11 can demonstrate that substantial changes in the conditions
12 underlying the approval of the development order have occurred
13 or the development order was based on substantially inaccurate
14 information provided by the developer or that the change is
15 clearly established by local government to be essential to the
16 public health, safety, or welfare.
17 4. Shall specify the requirements for the biennial
18 annual report designated under subsection (18), including the
19 date of submission, parties to whom the report is submitted,
20 and contents of the report, based upon the rules adopted by
21 the state land planning agency. Such rules shall specify the
22 scope of any additional local requirements that may be
23 necessary for the report.
24 5. May specify the types of changes to the development
25 which shall require submission for a substantial deviation
26 determination under subsection (19).
27 6. Shall include a legal description of the property.
28 (g) A local government shall not issue permits for
29 development subsequent to the termination date or expiration
30 date contained in the development order unless:
31
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CS/HB 2335, First Engrossed
1 1. The proposed development has been evaluated
2 cumulatively with existing development under the substantial
3 deviation provisions of subsection (19) subsequent to the
4 termination or expiration date;
5 2. The proposed development is consistent with an
6 abandonment of development order that has been issued in
7 accordance with the provisions of subsection (26); or
8 3. The project has been determined to be an
9 essentially built-out development of regional impact through
10 an agreement executed by the developer, the state land
11 planning agency, and the local government, in accordance with
12 s. 380.032, which will establish the terms and conditions
13 under which the development may be continued. If the project
14 is determined to be essentially built-out, development may
15 proceed pursuant to the s. 380.032 agreement after the
16 termination or expiration date contained in the development
17 order without further development-of-regional-impact review
18 subject to the local government comprehensive plan and land
19 development regulations or subject to a modified
20 development-of-regional-impact analysis. As used in this
21 paragraph, an "essentially built-out" development of regional
22 impact means:
23 a. The development is in compliance with all
24 applicable terms and conditions of the development order
25 except the built-out date; and
26 b.(I) The amount of development that remains to be
27 built is less than the substantial deviation threshold
28 specified in paragraph (19)(b) for each individual land use
29 category, or, for a multiuse development, the sum total of all
30 unbuilt land uses as a percentage of the applicable
31
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CS/HB 2335, First Engrossed
1 substantial deviation threshold is equal to or less than 150
2 100 percent; or
3 (II) The state land planning agency and the local
4 government have agreed in writing that the amount of
5 development to be built does not create the likelihood of any
6 additional regional impact not previously reviewed.
7 (18) BIENNIAL ANNUAL REPORTS.--The developer shall
8 submit a biennial an annual report on the development of
9 regional impact to the local government, the regional planning
10 agency, the state land planning agency, and all affected
11 permit agencies in alternate years on the date specified in
12 the development order, unless the development order by its
13 terms requires more frequent monitoring. If the annual report
14 is not received, the regional planning agency or the state
15 land planning agency shall notify the local government. If
16 the local government does not receive the annual report or
17 receives notification that the regional planning agency or the
18 state land planning agency has not received the report, the
19 local government shall request in writing that the developer
20 submit the report within 30 days. The failure to submit the
21 report after 30 days shall result in the temporary suspension
22 of the development order by the local government. If no
23 additional development pursuant to the development order has
24 occurred since the submission of the previous report, then a
25 letter from the developer stating that no development has
26 occurred will satisfy the requirement for a report.
27 Development orders which require annual reports may be amended
28 to require biennial reports at the option of the local
29 government.
30 (19) SUBSTANTIAL DEVIATIONS.--
31
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CS/HB 2335, First Engrossed
1 (a) Any proposed change to a previously approved
2 development which creates a reasonable likelihood of
3 additional regional impact, or any type of regional impact
4 created by the change not previously reviewed by the regional
5 planning agency, shall constitute a substantial deviation and
6 shall cause the development to be subject to further
7 development-of-regional-impact review. There are a variety of
8 reasons why a developer may wish to propose changes to an
9 approved development of regional impact, including changed
10 market conditions. The procedures set forth in this
11 subsection are for that purpose.
12 (b) Any proposed change to a previously approved
13 development of regional impact or development order condition
14 which, either individually or cumulatively with other changes,
15 exceeds any of the following criteria shall constitute a
16 substantial deviation and shall cause the development to be
17 subject to further development-of-regional-impact review
18 without the necessity for a finding of same by the local
19 government:
20 1. An increase in the number of parking spaces at an
21 attraction or recreational facility by 5 percent or 300
22 spaces, whichever is greater, or an increase in the number of
23 spectators that may be accommodated at such a facility by 5
24 percent or 1,000 spectators, whichever is greater.
25 2. A new runway, a new terminal facility, a 25-percent
26 lengthening of an existing runway, or a 25-percent increase in
27 the number of gates of an existing terminal, but only if the
28 increase adds at least three additional gates. However, if an
29 airport is located in two counties, a 10-percent lengthening
30 of an existing runway or a 20-percent increase in the number
31 of gates of an existing terminal is the applicable criteria.
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1 3. An increase in the number of hospital beds by 5
2 percent or 60 beds, whichever is greater.
3 4. An increase in industrial development area by 5
4 percent or 32 acres, whichever is greater.
5 5. An increase in the average annual acreage mined by
6 5 percent or 10 acres, whichever is greater, or an increase in
7 the average daily water consumption by a mining operation by 5
8 percent or 300,000 gallons, whichever is greater. An increase
9 in the size of the mine by 5 percent or 750 acres, whichever
10 is less.
11 6. An increase in land area for office development by
12 5 percent or 6 acres, whichever is greater, or an increase of
13 gross floor area of office development by 5 percent or 60,000
14 gross square feet, whichever is greater.
15 7. An increase in the storage capacity for chemical or
16 petroleum storage facilities by 5 percent, 20,000 barrels, or
17 7 million pounds, whichever is greater.
18 8. An increase of development at a waterport of wet
19 storage for 20 watercraft, dry storage for 30 watercraft, or
20 wet wet/dry storage for 30 60 watercraft in an area identified
21 in the state marina siting plan as an appropriate site for
22 additional waterport development or a 5-percent increase in
23 watercraft storage capacity, whichever is greater.
24 9. An increase in the number of dwelling units by 5
25 percent or 50 dwelling units, whichever is greater.
26 10. An increase in commercial development by 6 acres
27 of land area or by 50,000 square feet of gross floor area, or
28 of parking spaces provided for customers for 300 cars or a
29 5-percent increase of any of these, whichever is greater.
30 11. An increase in hotel or motel facility units by 5
31 percent or 75 units, whichever is greater.
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CS/HB 2335, First Engrossed
1 12. An increase in a recreational vehicle park area by
2 5 percent or 100 vehicle spaces, whichever is less.
3 13. A decrease in the area set aside for open space of
4 5 percent or 20 acres, whichever is less.
5 14. A proposed increase to an approved multiuse
6 development of regional impact where the sum of the increases
7 of each land use as a percentage of the applicable substantial
8 deviation criteria is equal to or exceeds 150 100 percent. The
9 percentage of any decrease in the amount of open space shall
10 be treated as an increase for purposes of determining when 150
11 100 percent has been reached or exceeded.
12 15. A 15-percent increase in the number of external
13 vehicle trips generated by the development above that which
14 was projected during the original
15 development-of-regional-impact review.
16 16. Any change which would result in development of
17 any area which was specifically set aside in the application
18 for development approval or in the development order for
19 preservation or special protection of endangered or threatened
20 plants or animals designated as endangered, threatened, or
21 species of special concern and their habitat, primary dunes,
22 or archaeological and historical sites designated as
23 significant by the Division of Historical Resources of the
24 Department of State. The further refinement of such areas by
25 survey shall be considered under sub-subparagraph (e)5.b.
26
27 The substantial deviation numerical standards in subparagraphs
28 4., 6., 10., 14., excluding residential uses, and 15., are
29 increased by 100 percent for a project certified under s.
30 403.973 which creates jobs and meets criteria established by
31 the Office of Tourism, Trade, and Economic Development as to
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CS/HB 2335, First Engrossed
1 its impact on an area's economy, employment, and prevailing
2 wage and skill levels. The substantial deviation numerical
3 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
4 increased by 50 percent for a project located wholly within an
5 urban infill and redevelopment area designated on the
6 applicable adopted local comprehensive plan future land use
7 map and not located within the coastal high hazard area.
8 (c) An extension of the date of buildout of a
9 development, or any phase thereof, by 7 or more years shall be
10 presumed to create a substantial deviation subject to further
11 development-of-regional-impact review. An extension of the
12 date of buildout, or any phase thereof, of 5 years or more but
13 less than 7 years shall be presumed not to create a
14 substantial deviation. These presumptions may be rebutted by
15 clear and convincing evidence at the public hearing held by
16 the local government. An extension of less than 7 5 years is
17 not a substantial deviation. For the purpose of calculating
18 when a buildout, phase, or termination date has been exceeded,
19 the time shall be tolled during the pendency of administrative
20 or judicial proceedings relating to development permits. Any
21 extension of the buildout date of a project or a phase thereof
22 shall automatically extend the commencement date of the
23 project, the termination date of the development order, the
24 expiration date of the development of regional impact, and the
25 phases thereof by a like period of time.
26 (d) A change in the plan of development of an approved
27 development of regional impact resulting from requirements
28 imposed by the Department of Environmental Protection or any
29 water management district created by s. 373.069 or any of
30 their successor agencies or by any appropriate federal
31 regulatory agency shall be submitted to the local government
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1 pursuant to this subsection. The change shall be presumed not
2 to create a substantial deviation subject to further
3 development-of-regional-impact review. The presumption may be
4 rebutted by clear and convincing evidence at the public
5 hearing held by the local government.
6 (e)1. A proposed change which, either individually or,
7 if there were previous changes, cumulatively with those
8 changes, is equal to or exceeds 40 percent of the any
9 numerical criterion in subparagraph (b)15. subparagraphs
10 (b)1.-15., but which does not exceed such criterion, shall be
11 presumed not to create a substantial deviation subject to
12 further development-of-regional-impact review. The
13 presumption may be rebutted by clear and convincing evidence
14 at the public hearing held by the local government pursuant to
15 subparagraph (f)5.
16 2. Except for a development order rendered pursuant to
17 subsection (22) or subsection (25), a proposed change to a
18 development order that individually or cumulatively with any
19 previous change is less than 40 percent of any numerical
20 criterion contained in subparagraphs (b)1.-14.15. and does not
21 exceed any other criterion is not a substantial deviation, or
22 that involves an extension of the buildout date of a
23 development, or any phase thereof, of less than 5 years is not
24 subject to the public hearing requirements of subparagraph
25 (f)3., and is not subject to a determination pursuant to
26 subparagraph (f)5. Notice of the proposed change shall be
27 made to the local government and the regional planning council
28 and the state land planning agency. Such notice shall include
29 a description of previous individual changes made to the
30 development, including changes previously approved by the
31 local government, and shall include appropriate amendments to
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1 the development order. The following changes, individually or
2 cumulatively with any previous changes, are not substantial
3 deviations:
4 a. Changes in the name of the project, developer,
5 owner, or monitoring official.
6 b. Changes to a setback that do not affect noise
7 buffers, environmental protection or mitigation areas, or
8 archaeological or historical resources.
9 c. Changes to minimum lot sizes.
10 d. Changes in the configuration of internal roads that
11 do not affect external access points.
12 e. Changes to the building design or orientation that
13 stay approximately within the approved area designated for
14 such building and parking lot, and which do not affect
15 historical buildings designated as significant by the Division
16 of Historical Resources of the Department of State.
17 f. Changes to increase the acreage in the development,
18 provided that no development is proposed on the acreage to be
19 added.
20 g. Changes to eliminate an approved land use, provided
21 that there are no additional regional impacts.
22 h. Changes required to conform to permits approved by
23 any federal, state, or regional permitting agency, provided
24 that these changes do not create additional regional impacts.
25 i. Any other change which the state land planning
26 agency agrees in writing is similar in nature, impact, or
27 character to the changes enumerated in sub-subparagraphs a.-h.
28 and which does not create the likelihood of any additional
29 regional impact.
30
31
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1 This subsection does not require a development order amendment
2 for any change listed in sub-subparagraphs a.-i. unless such
3 issue is addressed either in the existing development order or
4 in the application for development approval, but, in the case
5 of the application, only if, and in the manner in which, the
6 application is incorporated in the development order.
7 3. Except for the change authorized by
8 sub-subparagraph 2.f., any addition of land not previously
9 reviewed or any change not specified in paragraph (b) or
10 paragraph (c) shall be presumed to create a substantial
11 deviation. This presumption may be rebutted by clear and
12 convincing evidence.
13 4. Any submittal of a proposed change to a previously
14 approved development shall include a description of individual
15 changes previously made to the development, including changes
16 previously approved by the local government. The local
17 government shall consider the previous and current proposed
18 changes in deciding whether such changes cumulatively
19 constitute a substantial deviation requiring further
20 development-of-regional-impact review.
21 5. The following changes to an approved development of
22 regional impact shall be presumed to create a substantial
23 deviation. Such presumption may be rebutted by clear and
24 convincing evidence.
25 a. A change proposed for 15 percent or more of the
26 acreage to a land use not previously approved in the
27 development order. Changes of less than 15 percent shall be
28 presumed not to create a substantial deviation.
29 b. Except for the types of uses listed in subparagraph
30 (b)16., any change which would result in the development of
31 any area which was specifically set aside in the application
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1 for development approval or in the development order for
2 preservation, buffers, or special protection, including
3 habitat for plant and animal species, archaeological and
4 historical sites, dunes, and other special areas.
5 c. Notwithstanding any provision of paragraph (b) to
6 the contrary, a proposed change consisting of simultaneous
7 increases and decreases of at least two of the uses within an
8 authorized multiuse development of regional impact which was
9 originally approved with three or more uses specified in s.
10 380.0651(3)(c), (d), (f), and (g) and residential use.
11 (f)1. The state land planning agency shall establish
12 by rule standard forms for submittal of proposed changes to a
13 previously approved development of regional impact which may
14 require further development-of-regional-impact review. At a
15 minimum, the standard form shall require the developer to
16 provide the precise language that the developer proposes to
17 delete or add as an amendment to the development order.
18 2. The developer shall submit, simultaneously, to the
19 local government, the regional planning agency, and the state
20 land planning agency the request for approval of a proposed
21 change. Those changes described in subparagraph (e)2. do not
22 need to be submitted to the state land planning agency;
23 however, if the proposed change does not qualify under
24 subparagraph (e)2., the local government or the regional
25 planning agency shall request that the state land planning
26 agency review the proposed change.
27 3. No sooner than 30 days but no later than 45 days
28 after submittal by the developer to the local government, the
29 state land planning agency, and the appropriate regional
30 planning agency, the local government shall give 15 days'
31 notice and schedule a public hearing to consider the change
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1 that the developer asserts does not create a substantial
2 deviation. This public hearing shall be held within 90 days
3 after submittal of the proposed changes, unless that time is
4 extended by the developer.
5 4. The appropriate regional planning agency or the
6 state land planning agency shall review the proposed change
7 and, no later than 45 days after submittal by the developer of
8 the proposed change, unless that time is extended by the
9 developer, and prior to the public hearing at which the
10 proposed change is to be considered, shall advise the local
11 government in writing whether it objects to the proposed
12 change, shall specify the reasons for its objection, if any,
13 and shall provide a copy to the developer. A change which is
14 subject to the substantial deviation criteria specified in
15 sub-subparagraph (e)5.c. shall not be subject to this
16 requirement.
17 5. At the public hearing, the local government shall
18 determine whether the proposed change requires further
19 development-of-regional-impact review. The provisions of
20 paragraphs (a) and (e), the thresholds set forth in paragraph
21 (b), and the presumptions set forth in paragraphs (c) and (d)
22 and subparagraphs (e)1. and 3. shall be applicable in
23 determining whether further development-of-regional-impact
24 review is required.
25 6. If the local government determines that the
26 proposed change does not require further
27 development-of-regional-impact review and is otherwise
28 approved, or if the proposed change is not subject to a
29 hearing and determination pursuant to subparagraphs 3. and 5.
30 and is otherwise approved, the local government shall issue an
31 amendment to the development order incorporating the approved
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1 change and conditions of approval relating to the change. The
2 decision of the local government to approve, with or without
3 conditions, or to deny the proposed change that the developer
4 asserts does not require further review shall be subject to
5 the appeal provisions of s. 380.07. However, the state land
6 planning agency may not appeal the local government decision
7 if it did not comply with subparagraph 4., except for a change
8 to a development order made pursuant to subparagraph (e)2., if
9 the approved change is not consistent with this and other
10 provisions of this section. The state land planning agency may
11 not appeal a change to a development order made pursuant to
12 subparagraph (e)2. for developments of regional impact
13 approved after January 1, 1980, unless the change would result
14 in a significant impact to a regionally significant
15 archaeological, historical, or natural resource not previously
16 identified in the original development-of-regional-impact
17 review.
18 (g) If a proposed change requires further
19 development-of-regional-impact review pursuant to this
20 section, the review shall be conducted subject to the
21 following additional conditions:
22 1. The development-of-regional-impact review conducted
23 by the appropriate regional planning agency shall address only
24 those issues raised by the proposed change except as provided
25 in subparagraph 2.
26 2. The regional planning agency shall consider, and
27 the local government shall determine whether to approve,
28 approve with conditions, or deny the proposed change as it
29 relates to the entire development. If the local government
30 determines that the proposed change, as it relates to the
31
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1 entire development, is unacceptable, the local government
2 shall deny the change.
3 3. If the local government determines that the
4 proposed change, as it relates to the entire development,
5 should be approved, any new conditions in the amendment to the
6 development order issued by the local government shall address
7 only those issues raised by the proposed change.
8 4. Development within the previously approved
9 development of regional impact may continue, as approved,
10 during the development-of-regional-impact review in those
11 portions of the development which are not affected by the
12 proposed change.
13 (h) When further development-of-regional-impact review
14 is required because a substantial deviation has been
15 determined or admitted by the developer, the amendment to the
16 development order issued by the local government shall be
17 consistent with the requirements of subsection (15) and shall
18 be subject to the hearing and appeal provisions of s. 380.07.
19 The state land planning agency or the appropriate regional
20 planning agency need not participate at the local hearing in
21 order to appeal a local government development order issued
22 pursuant to this paragraph.
23 (24) STATUTORY EXEMPTIONS.--
24 (i) Any proposed facility for the storage of any
25 petroleum product is exempt from the provisions of this
26 section, if such facility is consistent with a local
27 comprehensive plan that is in compliance with s. 163.3177 or
28 is consistent with a comprehensive port master plan that is in
29 compliance with s. 163.3178.
30 (j) Any development located within a detailed specific
31 area plan adopted pursuant to s. 163.3245 which is consistent
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1 with the detailed specific area plan is exempt from the
2 provisions of this section. Should s. 163.3245 be repealed,
3 any approved development within a detailed specific area plan
4 shall maintain this exemption. However, any
5 development-of-regional-impact development order that is
6 vested from the detailed specific area plan may be enforced
7 under s. 380.11.
8 (k) Development or expansion of an airport or
9 airport-related or aviation-related development is exempt from
10 the provisions of this section when such development,
11 expansion, project, or facility is consistent with an adopted
12 airport master plan that is in compliance with s.
13 163.3177(6)(j) and (k).
14 Section 15. Paragraphs (d), (e), and (j) of subsection
15 (3) of section 380.0651, Florida Statutes, are amended, and
16 subsections (5) and (6) are added to said section, to read:
17 380.0651 Statewide guidelines and standards.--
18 (3) The following statewide guidelines and standards
19 shall be applied in the manner described in s. 380.06(2) to
20 determine whether the following developments shall be required
21 to undergo development-of-regional-impact review:
22 (d) Office development.--Any proposed office building
23 or park operated under common ownership, development plan, or
24 management that:
25 1. Encompasses 300,000 or more square feet of gross
26 floor area, or more than 500,000 square feet of gross floor
27 area in a county with a population greater than 1 million; or
28 2. Has a total site size of 30 or more acres; or
29 3. Encompasses more than 600,000 square feet of gross
30 floor area in a county with a population greater than 500,000
31 and only in a geographic area specifically designated as
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1 highly suitable for increased threshold intensity in the
2 approved local comprehensive plan and in the strategic
3 regional policy plan.
4 (e) Port facilities.--The proposed construction of any
5 waterport or marina is required to undergo
6 development-of-regional-impact review, except one designed
7 for:
8 1.a. One designed for the wet storage or mooring of
9 fewer than 150 watercraft used exclusively for sport,
10 pleasure, or commercial fishing, or
11 b. The dry storage of fewer than 200 watercraft used
12 exclusively for sport, pleasure, or commercial fishing, or
13 b.c. One designed for the wet or dry storage or
14 mooring of fewer than 150 watercraft on or adjacent to an
15 inland freshwater lake except Lake Okeechobee or any lake
16 which has been designated an Outstanding Florida Water, or
17 c.d. One designed for the wet or dry storage or
18 mooring of fewer than 50 watercraft of 40 feet in length or
19 less of any type or purpose. The exceptions to this
20 paragraph's requirements for development-of-regional-impact
21 review shall not apply to any waterport or marina facility
22 located within or which serves physical development located
23 within a coastal barrier resource unit on an unbridged barrier
24 island designated pursuant to 16 U.S.C. s. 3501.
25
26 In addition to the foregoing, for projects for which no
27 environmental resource permit or sovereign submerged land
28 lease is required, the Department of Environmental Protection
29 must determine in writing that a proposed marina in excess of
30 10 slips or storage spaces or a combination of the two is
31 located so that it will not adversely impact Outstanding
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1 Florida Waters or Class II waters and will not contribute boat
2 traffic in a manner that will have an adverse impact on an
3 area known to be, or likely to be, frequented by manatees. If
4 the Department of Environmental Protection fails to issue its
5 determination within 45 days of receipt of a formal written
6 request, it has waived its authority to make such
7 determination. The Department of Environmental Protection
8 determination shall constitute final agency action pursuant to
9 chapter 120.
10 2. A marina or proposed marina expansion which is:
11 a. Located within a county identified in s.
12 370.12(2)(f) which has boat speed zone rules adopted by the
13 department or commission; and
14 b. Consistent with the applicable adopted local
15 government comprehensive plan.
16 3. A marina or proposed marina expansion within a
17 county other than those identified in s. 370.12(2)(f) which
18 is:
19 a. Located within a local government jurisdiction
20 which has adopted boat speed zone ordinances to prevent
21 manatee injuries or death in areas where manatee sightings are
22 frequent and where manatees inhabit such areas on a regular
23 and continuous basis; and
24 b. Consistent with the applicable adopted local
25 government comprehensive plan.
26 4. A marina or proposed marina expansion within a
27 county other than those identified in s. 370.12(2)(f) which
28 is:
29 a. Located within a local government jurisdiction
30 where manatee sightings are not frequent and manatees do not
31
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1 inhabit such jurisdiction on a regular and continuous basis;
2 and
3 b. Consistent with the applicable adopted local
4 government comprehensive plan.
5 2. The dry storage of fewer than 300 watercraft used
6 exclusively for sport, pleasure, or commercial fishing at a
7 marina constructed and in operation prior to July 1, 1985.
8 3. Any proposed marina development with both wet and
9 dry mooring or storage used exclusively for sport, pleasure,
10 or commercial fishing, where the sum of percentages of the
11 applicable wet and dry mooring or storage thresholds equals
12 100 percent. This threshold is in addition to, and does not
13 preclude, a development from being required to undergo
14 development-of-regional-impact review under sub-subparagraphs
15 1.a. and b. and subparagraph 2.
16 (j) Residential development.--No rule may be adopted
17 concerning residential developments which treats a residential
18 development in one county as being located in a less populated
19 adjacent county unless more than 25 percent of the development
20 is located within 2 or less miles of the less populated
21 adjacent county. However, residential development shall not be
22 treated as though it is in a less populated county if the
23 affected counties have entered into an interlocal agreement to
24 specify development review standards for affected
25 developments.
26 (5) Nothing contained in this section abridges or
27 modifies any vested or other right or any duty or obligation
28 pursuant to any development order or agreement which is
29 applicable to a development of regional impact on the
30 effective date of this act. An airport, marina, or petroleum
31 storage facility which has received a
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1 development-of-regional-impact development order pursuant to
2 s. 380.06, but is no longer required to undergo
3 development-of-regional-impact review by operation of
4 paragraph (3)(e) or s. 380.06(24)(i) or (k), shall be governed
5 by the following procedures:
6 (a) The development shall continue to be governed by
7 the development-of-regional-impact development order, and may
8 be completed in reliance upon and pursuant to the development
9 order. The development-of-regional-impact development order
10 may be enforced by the local government as provided by ss.
11 380.06(17) and 380.11.
12 (b) If requested by the developer or landowner, the
13 development-of-regional-impact development order may be
14 amended or rescinded by the local government consistent with
15 the local comprehensive plan and land development regulations,
16 and pursuant to the local government procedures governing
17 local development orders.
18 (6) An airport, marina, or petroleum storage facility
19 with an application for development approval pending on the
20 effective date of this act, or a notification of proposed
21 change pending on the effective date of this act, may elect to
22 continue such review pursuant to s. 380.06. At the conclusion
23 of the pending review, including any appeals pursuant to s.
24 380.07, the resulting development order shall be governed by
25 the provisions of subsection (5).
26 Section 16. Paragraph (g) of subsection (3) of section
27 163.06, Florida Statutes, is amended to read:
28 163.06 Miami River Commission.--
29 (3) The policy committee shall have the following
30 powers and duties:
31
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1 (g) Coordinate a joint planning area agreement between
2 the Department of Community Affairs, the city, and the county
3 under the provisions of s. 163.3177(11)(a), (b), and (e)(c).
4 Section 17. Subsection (4) of section 189.415, Florida
5 Statutes, is amended to read:
6 189.415 Special district public facilities report.--
7 (4) Those special districts building, improving, or
8 expanding public facilities addressed by a development order
9 issued to the developer pursuant to s. 380.06 may use the most
10 recent biennial annual report required by s. 380.06(15) and
11 (18) and submitted by the developer, to the extent the annual
12 report provides the information required by subsection (2).
13 Section 18. (1) The Grow Smart Florida Study
14 Commission is created. The commission shall be composed of 25
15 voting members, 10 of whom are to be appointed by the
16 Governor, 7 of whom are to be appointed by the President of
17 the Senate, and 7 of whom are to be appointed by the Speaker
18 of the House of Representatives. In addition, the Secretary of
19 Community Affairs shall serve as a voting member of the
20 commission, and the secretary of the Department of
21 Environmental Protection, the Secretary of Transportation, the
22 Commissioner of Agriculture, and the executive director of the
23 Fish and Wildlife Conservation Commission shall serve as ex
24 officio nonvoting members of the commission. The Governor's
25 appointments must include two appointments from each of the
26 following groups of interests:
27 (a) Business interests, including, but not limited to,
28 development, lending institutions, real estate, marine
29 industries, and affordable housing.
30 (b) Environmental interests, including, but not
31 limited to, environmental justice groups, resource-based
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1 conservation and outdoor conservation groups, and
2 environmental quality and conservation groups.
3 (c) Agricultural interests, including, but not limited
4 to, agricultural commodity groups, forestry and general farm
5 membership organizations, and agricultural financial
6 institutions.
7 (d) Local and regional governments, including, but not
8 limited to, municipalities, counties, special districts,
9 metropolitan planning organizations, local government
10 association foundations, and regional planning councils.
11 (e) Growth management and citizen groups, including,
12 but not limited to, planners, attorneys, engineers, citizen
13 activist groups, homeowner's groups, and architects.
14
15 The President of the Senate and the Speaker of the House of
16 Representatives shall each select one appointment from each of
17 the five categories listed in paragraphs (a)-(e) and shall
18 also appoint two members from their respective houses of the
19 Legislature to serve on the commission. The appointments must
20 be made by July 1, 2000, and the first meeting of the
21 commission shall be held no later than August 1, 2000. The
22 chair of the commission shall be appointed by the Governor
23 prior to its first meeting. Any vacancy occurring in the
24 membership of the commission shall be filled in the same
25 manner as the original appointment.
26 (2) The members of the commission are entitled to one
27 vote, and action of the commission is not binding unless taken
28 by a three-fifths vote of the members present. However, action
29 of the commission may be taken only at a meeting at which a
30 majority of the commission members are present.
31
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1 (3) The commission shall review the operation and
2 implementation of Florida's growth management statutes,
3 including chapters 163, 186, 187, and 380, Florida Statutes,
4 and shall make recommendations for improving the system for
5 managing growth in the state. As part thereof, it shall
6 identify appropriate goals and desired outcomes for future
7 planning and growth management efforts at the state, regional,
8 and local levels, and in so doing, shall consider related
9 trends and conditions affecting the environment, economy, and
10 quality of life in Florida. It may also establish and appoint
11 any necessary technical advisory committees, which may include
12 commission members and nonmembers. The commission shall, to
13 the extent practicable, specifically address and make
14 recommendations for improving the growth management system
15 with respect to the following issues:
16 (a) The respective roles and responsibilities of
17 state, regional, and local governmental entities in the
18 preparation, adoption, and compliance review of local
19 government comprehensive plans and plan amendments, including
20 decentralization and the technical and financial assistance
21 needs of local governments to meet their comprehensive
22 planning responsibilities.
23 (b) The role, responsibilities, and composition of
24 regional planning councils in addressing greater-than-local
25 issues and the relationship of metropolitan planning
26 organizations and their role in addressing local comprehensive
27 plans and regional transportation planning.
28 (c) The role and responsibilities of citizens in the
29 preparation, adoption, compliance review, and judicial or
30 administrative review of local government comprehensive plans
31 and plan amendments, and the process for enforcement of
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1 consistency between comprehensive plans and development orders
2 pursuant to s. 163.3215.
3 (d) Whether the development of regional impact program
4 should be replaced, repealed, or incorporated in whole or in
5 part into the local government comprehensive planning process.
6 (e) Improving mechanisms for and implementation of
7 intergovernmental coordination.
8 (f) Whether there is adequate protection for property
9 owners from local and state government land use decisions, and
10 what must be done to ensure that property rights are not
11 abridged.
12 (g) The fiscal impact on Monroe County of the
13 designation of the Florida Keys area of critical state
14 concern. This review must include the fiscal impact on local
15 government and businesses in the county and on residents of
16 and visitors to the county and must provide an estimate of the
17 overall cost of such designation, since inception, to persons
18 residing in the county.
19 (4) At least six public hearings must be held by the
20 commission in different regions of the state to solicit input
21 from the public on how they want the state, regional agencies,
22 and their municipalities and counties to manage growth.
23 (5) The commission shall, by February 1, 2001, provide
24 to the President of the Senate, the Speaker of the House of
25 Representatives, and the Governor a written report containing
26 specific recommendations, including legislative
27 recommendations, for addressing growth management in Florida
28 in the 21st century.
29 (6) Commission members and the members of any
30 technical advisory committees that are appointed shall not
31 receive remuneration for their services, but members other
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1 than public officers and employees shall be entitled to be
2 reimbursed by the Department of Community Affairs for travel
3 or per diem expenses in accordance with chapter 112, Florida
4 Statutes. Public officers and employees shall be reimbursed by
5 their respective agencies in accordance with chapter 112,
6 Florida Statutes.
7 (7) An executive director shall be selected by the
8 Governor. The executive director shall report to the
9 commission. The Department of Community Affairs shall provide
10 other staff and consultants after consultation with the
11 commission. Funding for these expenses shall be provided
12 through the Department of Community Affairs. The commission
13 shall receive supplemental financial and other assistance from
14 other agencies under the Governor's direct supervision and
15 such additional assistance as is appropriate from the
16 Executive Office of the Governor.
17 (8) All agencies under the control of the Governor and
18 Cabinet are directed, and all other agencies are requested, to
19 render assistance to, and cooperate with, the commission.
20 (9) The commission shall continue in existence until
21 its objectives are achieved, but not later than February 1,
22 2001.
23 Section 19. The sum of $275,000 is appropriated from
24 the General Revenue Fund to the Department of Community
25 Affairs Operating Trust Fund to implement the provisions of
26 this act creating the Grow Smart Florida Study Commission.
27 This appropriation is a nonrecurring appropriation.
28 Section 20. If any provision of this act or the
29 application thereof to any person or circumstance is held
30 invalid, the invalidity shall not affect other provisions or
31 applications of the act which can be given effect without the
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1 invalid provision or application, and to this end the
2 provisions of this act are declared severable.
3 Section 21. This act shall take effect upon becoming a
4 law.
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