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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2548

    Amendment No.    

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

12

13         Senate Amendment (with title amendment) 

14         On page 159, between lines 5 and 6,

15

16  insert:

17         Section 75.  Paragraph (a) of subsection (6) and

18  subsection (11) of section 163.3177, Florida Statutes, are

19  amended, to read:

20         163.3177  Required and optional elements of

21  comprehensive plan; studies and surveys.--

22         (6)  In addition to the requirements of subsections

23  (1)-(5), the comprehensive plan shall include the following

24  elements:

25         (a)  A future land use plan element designating

26  proposed future general distribution, location, and extent of

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

28  industry, agriculture, recreation, conservation, education,

29  public buildings and grounds, other public facilities, and

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2548

    Amendment No.    





 1  the control and distribution of population densities and

 2  building and structure intensities.  The proposed

 3  distribution, location, and extent of the various categories

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

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

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

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

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

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

10  including the amount of land required to accommodate

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

12  character of undeveloped land; the availability of public

13  services; the need for redevelopment, including the renewal of

14  blighted areas and the elimination of nonconforming uses which

15  are inconsistent with the character of the community; and, in

16  rural communities, the need for job creation, capital

17  investment, and economic development that will strengthen and

18  diversify the community's economy. The future land use plan

19  may designate areas for future planned development use

20  involving combinations of types of uses for which special

21  regulations may be necessary to ensure development in accord

22  with the principles and standards of the comprehensive plan

23  and this act. In addition, for rural communities, the amount

24  of land designated for future planned industrial use shall be

25  based upon surveys and studies that reflect the need for job

26  creation, capital investment, and the necessity to strengthen

27  and diversify the local economies, and shall not be limited

28  solely by the projected population of the rural community. The

29  future land use plan of a county may also designate areas for

30  possible future municipal incorporation. The land use maps or

31  map series shall generally identify and depict historic

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2548

    Amendment No.    





 1  district boundaries and shall designate historically

 2  significant properties meriting protection.  The future land

 3  use element must clearly identify the land use categories in

 4  which public schools are an allowable use.  When delineating

 5  the land use categories in which public schools are an

 6  allowable use, a local government shall include in the

 7  categories sufficient land proximate to residential

 8  development to meet the projected needs for schools in

 9  coordination with public school boards and may establish

10  differing criteria for schools of different type or size. Each

11  local government shall include lands contiguous to existing

12  school sites, to the maximum extent possible, within the land

13  use categories in which public schools are an allowable use.

14  All comprehensive plans must comply with the school siting

15  requirements of this paragraph no later than October 1, 1999.

16  The failure by a local government to comply with these school

17  siting requirements by October 1, 1999, will result in the

18  prohibition of the local government's ability to amend the

19  local comprehensive plan, except for plan amendments described

20  in s. 163.3187(1)(b), until the school siting requirements are

21  met. An amendment proposed by a local government for purposes

22  of identifying the land use categories in which public schools

23  are an allowable use is exempt from the limitation on the

24  frequency of plan amendments contained in s. 163.3187. The

25  future land use element shall include criteria which encourage

26  the location of schools proximate to urban residential areas

27  to the extent possible and shall require that the local

28  government seek to collocate public facilities, such as parks,

29  libraries, and community centers, with schools to the extent

30  possible. For schools serving predominantly rural areas, an

31  agricultural land use category may be eligible by plan

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2548

    Amendment No.    





 1  amendment for the location of public school facilities,

 2  provided the local comprehensive plan contains school siting

 3  criteria or the applicable land use category will be amended

 4  through a comprehensive plan amendment.

 5         (11)(a)  The Legislature recognizes the need for

 6  innovative planning and development strategies which will

 7  address the anticipated demands of continued urbanization of

 8  Florida's coastal and other environmentally sensitive areas,

 9  and which will accommodate the development of less populated

10  regions of the state which seek economic development and which

11  have suitable land and water resources to accommodate growth

12  in an environmentally acceptable manner.  The Legislature

13  further recognizes the substantial advantages of innovative

14  approaches to development which may better serve to protect

15  environmentally sensitive areas, maintain the economic

16  viability of agricultural and other predominantly rural land

17  uses, and provide for the cost-efficient delivery of public

18  facilities and services.

19         (b)  It is the intent of the Legislature that the local

20  government comprehensive plans and plan amendments adopted

21  pursuant to the provisions of this part provide for a planning

22  process which allows for land use efficiencies within existing

23  urban areas and which also allows for the conversion of rural

24  lands to other uses, where appropriate and consistent with the

25  other provisions of this part and the affected local

26  comprehensive plans, through the application of innovative and

27  flexible planning and development strategies and creative land

28  use planning techniques, which may include, but not be limited

29  to, urban villages, new towns, satellite communities,

30  area-based allocations, clustering and open space provisions,

31  mixed-use development, and sector planning.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2548

    Amendment No.    





 1         (c)  Lands classified in the future land use plan

 2  element as agricultural, rural, open, open/rural, or a

 3  substantively equivalent land use shall also be deemed

 4  appropriate for innovative planning and development strategies

 5  described in paragraphs (a) and (b) which the department

 6  recognizes as methods for discouraging urban sprawl consistent

 7  with the provisions of the state comprehensive plan, regional

 8  policy plans, and this part.

 9         (d)  The Department of Community Affairs, in

10  conjunction with the Department of Agriculture and Consumer

11  Services, shall, by no later than December 15, 2000, prepare

12  and submit to the Governor, the Speaker of the House of

13  Representatives, and the President of the Senate a report on a

14  program of planning incentives, economic incentives, and other

15  measures as may be necessary to facilitate the timely

16  implementation of innovative planning and development

17  strategies described in paragraphs (a), (b), and (c) while

18  protecting environmentally sensitive areas, maintaining the

19  economic viability of agriculture and other predominantly

20  rural land uses, and providing for the cost-efficient delivery

21  of public facilities and services. Such incentives and other

22  measures shall address the following:

23         1.  "Smart growth" strategies within rural areas which

24  proactively address both the pressures of population growth

25  and the substantial need for rural economic development.

26         2.  The importance of maintaining rural land values as

27  the cornerstone of maintaining a viable rural economy.

28         3.  Expression of the contents of paragraphs (a), (b),

29  and (c) in the form of practical and easily understood

30  planning guidelines.

31         4.  A rural lands stewardship program under which the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2548

    Amendment No.    





 1  owners of rural property are encouraged to convey development

 2  rights in exchange for smart growth development credits which

 3  are transferable within rural areas in which innovative

 4  development and strategies are applied as part of a pattern of

 5  land use which protects environmentally sensitive areas,

 6  maintains the economic viability of agriculture and other

 7  predominantly rural land uses, and provides for the

 8  cost-efficient delivery of public facilities and services.

 9         5.  Strategies and incentives to reward best management

10  practices for agricultural activities consistent with the

11  conservation and protection of environmentally sensitive areas

12  and sound water management practices.

13         6.  The coordination of state transportation

14  facilities, including roadways, railways, and port and airport

15  facilities, to provide for the transportation of agricultural

16  products and supplies.

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18  The Department of Community Affairs shall also submit a copy

19  of such report to the Grow Smart Florida Study Commission by

20  December 15, 2000. The Department of Community Affairs and the

21  Department of Agriculture and Consumer Services shall

22  regularly report their progress on these issues to the

23  commission, cooperate and lend assistance to the commission,

24  and coordinate their final reporting to the Legislature to the

25  greatest extent possible.

26         (e)(c)  It is the further intent of the Legislature

27  that local government comprehensive plans and implementing

28  land development regulations shall provide strategies which

29  maximize the use of existing facilities and services through

30  redevelopment, urban infill development, and other strategies

31  for urban revitalization.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2548

    Amendment No.    





 1         (f)(d)  The implementation of this subsection shall be

 2  subject to the provisions of this chapter, chapters 186 and

 3  187, and applicable agency rules.

 4         (g)(e)  The department shall implement the provisions

 5  of this subsection by rule.

 6

 7  (Redesignate subsequent sections.)

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 9

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

11  And the title is amended as follows:

12         On page 14, line 1, after the semicolon,

13

14  insert:

15         amending s. 163.3177, F.S.; providing that an

16         agricultural land use category may be eligible

17         for the location of public schools in a local

18         government comprehensive plan under certain

19         conditions; specifying lands that are

20         appropriate for innovative planning and

21         development strategies; requiring a report on a

22         program for implementing such strategies;

23         providing for coordination with the Grow Smart

24         Florida Study Commission;

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