Senate Bill 0348

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



    Florida Senate - 2000                                   SB 348

    By the Committee on Comprehensive Planning, Local and Military
    Affairs




    316-370A-00

  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 163.3184, F.S., relating to the

  4         intergovernmental review of amendments to

  5         comprehensive plans; revising procedures for

  6         such reviews to conform provisions to changes

  7         made by the act; creating s. 163.3185, F.S.;

  8         requiring the Department of Community Affairs

  9         to amend a specified rule to provide for

10         certain geographic areas to be exempt from the

11         required review of amendments to the state and

12         regional comprehensive plans; specifying areas

13         appropriate for such exemption; authorizing the

14         governing body of a local government to propose

15         geographic areas for such exemption; providing

16         for review and adoption of proposed areas of

17         exemption; prohibiting the Department of

18         Community Affairs from issuing certain

19         objections or comments on proposed amendments

20         to a comprehensive plan following any such

21         exemption; providing for the periodic

22         examination and justification of an exemption

23         of plan amendments from review; providing an

24         effective date.

25

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

27

28         Section 1.  Subsection (4) of section 163.3184, Florida

29  Statutes, is amended to read:

30         163.3184  Process for adoption of comprehensive plan or

31  plan amendment.--

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    Florida Senate - 2000                                   SB 348
    316-370A-00




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

  2  comprehensive plan amendment is requested or otherwise

  3  initiated pursuant to subsection (6), The state land planning

  4  agency shall, within 5 working days after receiving a proposed

  5  amendment to a comprehensive plan, of determining that such a

  6  review will be conducted shall transmit a copy of the proposed

  7  plan or plan amendment, together with a notice of the date the

  8  local government transmitted the proposed plan or plan

  9  amendment to the state land planning agency, to various

10  government agencies, as appropriate, for response or comment,

11  including, but not limited to:, the Department of

12  Environmental Protection;, the Department of Transportation;

13  if the amendment involves the use of on-site sewage treatment

14  and disposal systems, the Department of Health;, the water

15  management district;, and the regional planning council;, and,

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

17  agency. These governmental agencies shall provide comments to

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

19  the proposed plan amendment. The appropriate regional planning

20  council shall also provide its written comments to the state

21  land planning agency within 30 days after receipt of the

22  proposed plan amendment and shall specify any objections,

23  recommendations for modifications, and comments of any other

24  regional agencies to which the regional planning council may

25  have referred the proposed plan amendment. Written comments

26  submitted by the public within 30 days after notice of

27  transmittal by the local government of the proposed plan

28  amendment will be considered as if submitted by governmental

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

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

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    Florida Senate - 2000                                   SB 348
    316-370A-00




  1         Section 2.  Section 163.3185, Florida Statutes, is

  2  created to read:

  3         163.3185  Areas exempt from review of amendments to

  4  state and regional plans.--

  5         (1)  The state land planning agency must amend rule

  6  9J-5, Florida Administrative Code, to define criteria for

  7  approving geographic areas suitable for exemption from review

  8  of amendments to the state and regional comprehensive plans.

  9  Such criteria must evaluate whether proposed comprehensive

10  plan amendments within the geographic area proposed for

11  exemption are likely to raise compliance issues of state and

12  regional significance. Appropriate areas for exemptions from

13  state and regional plan-amendment review may include, but are

14  not limited to, built-out areas, areas designated as urban

15  infill and redevelopment areas pursuant to s. 163.2517, or

16  areas subject to specific urban-design criteria adopted by the

17  local governing body.

18         (2)  A governing body may propose specific geographic

19  areas within the jurisdiction of the governing body to the

20  state land planning agency for exemption from state and

21  regional agency review of proposed amendments to local

22  government comprehensive plans. Areas proposed for exemption

23  from state and regional agency review shall be proposed by the

24  governing body as a proposed amendment to the future land use

25  element of the comprehensive plan. Such an amendment must be

26  reviewed and adopted pursuant to s. 163.3184.

27         (3)  Upon adopting an amendment that exempts an area

28  from state and regional agency review, all proposed amendments

29  to the comprehensive plan within the designated area shall be

30  adopted and reviewed in the manner described in ss.

31  163.3184(1), (2), (7), (14), (15), and (16) and 163.3187, such

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    Florida Senate - 2000                                   SB 348
    316-370A-00




  1  that state and regional agency review are eliminated. The

  2  state land planning agency may not issue an objection,

  3  recommendation, or comment on a proposed amendment to the plan

  4  and may not issue a notice of intent on an amendment to an

  5  adopted plan. However, an affected person, as defined by s.

  6  163.3184(1)(a), may file a petition for administrative review

  7  pursuant to the requirements of s. 163.3187(3)(a) to challenge

  8  the compliance of an adopted plan amendment. A plan amendment

  9  that changes the boundary of an area exempted from state and

10  regional agency review or that includes lands within the

11  coastal high-hazard area must be reviewed pursuant to ss.

12  163.3184 and 163.3187.

13         (4)  An exemption of comprehensive plan amendments

14  within a geographic area from state and regional review must

15  be examined and justified by the governing body every 7 years

16  during its evaluation and appraisal review under s. 163.3191

17  against the exemption criteria set forth in rule 9J-5, Florida

18  Administrative Code.

19         Section 3.  This act shall take effect upon becoming a

20  law.

21

22            *****************************************

23                          SENATE SUMMARY

24    Requires that the Department of Community Affairs amend
      rule 9J-5, Florida Administrative Code, to exempt certain
25    geographic areas from the required review of amendments
      to state and regional comprehensive plans. Provides for
26    the local governing body to propose specific geographic
      areas for the exemption. Prohibits the Department of
27    Community Affairs from issuing objections,
      recommendations, or comments on a proposed amendment
28    following the adoption of the exemption. Authorizes
      certain challenges by affected persons. Requires that the
29    local governing body examine and justify an exemption
      adopted under the act every 7 years. (See bill for
30    details.)

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