CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Sublette, Gay, Goodlette, and Alexander
12 offered the following:
13
14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Section 125.595, Florida Statutes, is
19 created to read:
20 125.595 Right of citizens to petition elected
21 officials.--No citizen shall be denied his or her
22 constitutional right to petition any elected official in
23 public or private. This provision shall preempt any other
24 special act or general law to the contrary.
25 Section 2. Paragraph (j) of subsection (3) of section
26 163.2517, Florida Statutes, is amended to read:
27 163.2517 Designation of urban infill and redevelopment
28 area.--
29 (3) A local government seeking to designate a
30 geographic area within its jurisdiction as an urban infill and
31 redevelopment area shall prepare a plan that describes the
1
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 infill and redevelopment objectives of the local government
2 within the proposed area. In lieu of preparing a new plan, the
3 local government may demonstrate that an existing plan or
4 combination of plans associated with a community redevelopment
5 area, Florida Main Street program, Front Porch Florida
6 Community, sustainable community, enterprise zone, or
7 neighborhood improvement district includes the factors listed
8 in paragraphs (a)-(n), including a collaborative and holistic
9 community participation process, or amend such existing plans
10 to include these factors. The plan shall demonstrate the local
11 government and community's commitment to comprehensively
12 address the urban problems within the urban infill and
13 redevelopment area and identify activities and programs to
14 accomplish locally identified goals such as code enforcement;
15 improved educational opportunities; reduction in crime;
16 neighborhood revitalization and preservation; provision of
17 infrastructure needs, including mass transit and multimodal
18 linkages; and mixed-use planning to promote multifunctional
19 redevelopment to improve both the residential and commercial
20 quality of life in the area. The plan shall also:
21 (j) Identify and adopt a package of financial and
22 local government incentives which the local government will
23 offer for new development, expansion of existing development,
24 and redevelopment within the urban infill and redevelopment
25 area. Examples of such incentives include:
26 1. Waiver of license and permit fees.
27 2. Exemption of sales made in the urban infill and
28 redevelopment area from Waiver of local option sales surtaxes
29 imposed pursuant to s. 212.054 taxes.
30 3. Waiver of delinquent local taxes or fees to promote
31 the return of property to productive use.
2
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 4. Expedited permitting.
2 5. Lower transportation impact fees for development
3 which encourages more use of public transit, pedestrian, and
4 bicycle modes of transportation.
5 6. Prioritization of infrastructure spending within
6 the urban infill and redevelopment area.
7 7. Local government absorption of developers'
8 concurrency costs.
9
10 In order to be authorized to recognize the exemption from
11 local option sales surtaxes pursuant to subparagraph 2., the
12 owner, lessee, or lessor of the new development, expanding
13 existing development, or redevelopment within the urban infill
14 and redevelopment area must file an application under oath
15 with the governing body having jurisdiction over the urban
16 infill and redevelopment area where the business is located.
17 The application must include the name and address of the
18 business claiming the exclusion from collecting local option
19 surtaxes; an address and assessment roll parcel number of the
20 urban infill and redevelopment area for which the exemption is
21 being sought; a description of the improvements made to
22 accomplish the new development, expanding development, or
23 redevelopment of the real property; a copy of the building
24 permit application or the building permit issued for the
25 development of the real property; a new application for a
26 certificate of registration with the Department of Revenue
27 with the address of the new development, expanding
28 development, or redevelopment; and the location of the
29 property. The local government must review and approve the
30 application and submit the completed application and
31 documentation along with a copy of the ordinance adopted
3
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 pursuant to subsection (5) to the Department of Revenue in
2 order for the business to become eligible to make sales exempt
3 from local option sales surtaxes in the urban infill and
4 redevelopment area.
5 Section 3. Subsection (13) of section 212.08, Florida
6 Statutes, is amended to read:
7 212.08 Sales, rental, use, consumption, distribution,
8 and storage tax; specified exemptions.--The sale at retail,
9 the rental, the use, the consumption, the distribution, and
10 the storage to be used or consumed in this state of the
11 following are hereby specifically exempt from the tax imposed
12 by this chapter.
13 (13) No transactions shall be exempt from the tax
14 imposed by this chapter except those expressly exempted
15 herein. All laws granting tax exemptions, to the extent they
16 may be inconsistent or in conflict with this chapter,
17 including, but not limited to, the following designated laws,
18 shall yield to and be superseded by the provisions of this
19 subsection: ss. 125.019, 153.76, 154.2331, 159.15, 159.31,
20 159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 258.14,
21 315.11, 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09,
22 and the following Laws of Florida, acts of the year indicated:
23 s. 31, chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12,
24 chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter
25 31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter
26 59-1653; s. 13, chapter 59-1356; s. 12, chapter 61-2261; s.
27 19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, chapter
28 63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; and
29 s. 10, chapter 67-1681. This subsection does not supersede the
30 authority of a local government to adopt financial and local
31 government incentives pursuant to s. 163.2517.
4
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 Section 4. Section 163.2523, Florida Statutes, is
2 amended to read:
3 163.2523 Grant program.--An Urban Infill and
4 Redevelopment Assistance Grant Program is created for local
5 governments. A local government may allocate grant money to
6 special districts, including community redevelopment agencies,
7 and nonprofit community development organizations to implement
8 projects consistent with an adopted urban infill and
9 redevelopment plan or plan employed in lieu thereof. Thirty
10 percent of the general revenue appropriated for this program
11 shall be available for planning grants to be used by local
12 governments for the development of an urban infill and
13 redevelopment plan, including community participation
14 processes for the plan. Sixty percent of the general revenue
15 appropriated for this program shall be available for
16 fifty/fifty matching grants for implementing urban infill and
17 redevelopment projects that further the objectives set forth
18 in the local government's adopted urban infill and
19 redevelopment plan or plan employed in lieu thereof. The
20 remaining 10 percent of the revenue must be used for outright
21 grants for implementing projects requiring an expenditure of
22 under $50,000. If the volume of fundable applications under
23 any of the allocations specified in this section does not
24 fully obligate the amount of the allocation, the Department of
25 Community Affairs may transfer the unused balance to the
26 category having the highest dollar value of applications
27 eligible but unfunded. However, in no event may the percentage
28 of dollars allocated to outright grants for implementing
29 projects exceed 20 percent in any given fiscal year. Projects
30 that provide employment opportunities to clients of the WAGES
31 program and projects within urban infill and redevelopment
5
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 areas that include a community redevelopment area, Florida
2 Main Street program, Front Porch Florida Community,
3 sustainable community, enterprise zone, federal enterprise
4 zone, enterprise community, or neighborhood improvement
5 district must be given an elevated priority in the scoring of
6 competing grant applications. The Division of Housing and
7 Community Development of the Department of Community Affairs
8 shall administer the grant program. The Department of
9 Community Affairs shall adopt rules establishing grant review
10 criteria consistent with this section.
11 Section 5. Subsection (6) of section 163.3164, Florida
12 Statutes, is amended to read:
13 163.3164 Definitions.--As used in this act:
14 (6) "Development" has the meaning given it in s.
15 380.04. The following operations or uses shall not be taken
16 for the purpose of this act to involve "development":
17 (a) Work by a highway or road agency or railroad
18 company for the maintenance or improvement of a road or
19 railroad track, if the work is carried out on land within the
20 boundaries of the right-of-way.
21 (b) Work by any utility and other persons engaged in
22 the distribution or transmission of gas or water, for the
23 purpose of inspecting, repairing, renewing, or constructing on
24 established rights-of-way any sewers, mains, pipes, cables,
25 utility tunnels, power lines, towers, poles, tracks, or the
26 like.
27 (c) Work for the maintenance, renewal, improvement, or
28 alteration of any structure, if the work affects only the
29 interior or the color of the structure or the decoration of
30 the exterior of the structure.
31 (d) The use of any structure or land devoted to
6
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 dwelling uses for any purpose customarily incidental to
2 enjoyment of the dwelling.
3 (e) The use of any land for the purpose of growing
4 plants, crops, trees, and other agricultural or forestry
5 products; raising livestock; or for other agricultural
6 purposes.
7 (f) A change in use of land or structure from a use
8 within a class specified in an ordinance or rule to another
9 use in the same class.
10 (g) A change in the ownership or form of ownership of
11 any parcel or structure.
12 (h) The creation or termination of rights of access,
13 riparian rights, easements, covenants concerning development
14 of land, or other rights in land.
15 Section 6. Paragraph (a) of subsection (6) of section
16 163.3177, Florida Statutes, is amended, paragraph (k) is added
17 to said subsection, and paragraph (i) of subsection (10) and
18 subsection (11) of said section are amended, to read:
19 163.3177 Required and optional elements of
20 comprehensive plan; studies and surveys.--
21 (6) In addition to the requirements of subsections
22 (1)-(5), the comprehensive plan shall include the following
23 elements:
24 (a) A future land use plan element designating
25 proposed future general distribution, location, and extent of
26 the uses of land for residential uses, commercial uses,
27 industry, agriculture, recreation, conservation, education,
28 public buildings and grounds, other public facilities, and
29 other categories of the public and private uses of land. The
30 future land use plan shall include standards to be followed in
31 the control and distribution of population densities and
7
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 building and structure intensities. The proposed
2 distribution, location, and extent of the various categories
3 of land use shall be shown on a land use map or map series
4 which shall be supplemented by goals, policies, and measurable
5 objectives. Each land use category shall be defined in terms
6 of the types of uses included and specific standards for the
7 density or intensity of use. The future land use plan shall
8 be based upon surveys, studies, and data regarding the area,
9 including the amount of land required to accommodate
10 anticipated growth; the projected population of the area; the
11 character of undeveloped land; the availability of public
12 services; the need for redevelopment, including the renewal of
13 blighted areas and the elimination of nonconforming uses which
14 are inconsistent with the character of the community; and, in
15 rural communities, the need for job creation, capital
16 investment, and economic development that will strengthen and
17 diversify the community's economy. The future land use plan
18 may designate areas for future planned development use
19 involving combinations of types of uses for which special
20 regulations may be necessary to ensure development in accord
21 with the principles and standards of the comprehensive plan
22 and this act. In addition, for rural communities, the amount
23 of land designated for future planned industrial use shall be
24 based upon surveys and studies that reflect the need for job
25 creation, capital investment, and the necessity to strengthen
26 and diversify the local economies, and shall not be limited
27 solely by the projected population of the rural community. The
28 future land use plan of a county may also designate areas for
29 possible future municipal incorporation. The land use maps or
30 map series shall generally identify and depict historic
31 district boundaries and shall designate historically
8
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 significant properties meriting protection. The future land
2 use element must clearly identify the land use categories in
3 which public schools are an allowable use. When delineating
4 the land use categories in which public schools are an
5 allowable use, a local government shall include in the
6 categories sufficient land proximate to residential
7 development to meet the projected needs for schools in
8 coordination with public school boards and may establish
9 differing criteria for schools of different type or size. Each
10 local government shall include lands contiguous to existing
11 school sites, to the maximum extent possible, within the land
12 use categories in which public schools are an allowable use.
13 All comprehensive plans must comply with the school siting
14 requirements of this paragraph no later than October 1, 1999.
15 The failure by a local government to comply with these school
16 siting requirements by October 1, 1999, will result in the
17 prohibition of the local government's ability to amend the
18 local comprehensive plan, except for plan amendments described
19 in s. 163.3187(1)(b), until the school siting requirements are
20 met. An amendment proposed by a local government for purposes
21 of identifying the land use categories in which public schools
22 are an allowable use is exempt from the limitation on the
23 frequency of plan amendments contained in s. 163.3187. The
24 future land use element shall include criteria which encourage
25 the location of schools proximate to urban residential areas
26 to the extent possible and shall require that the local
27 government seek to collocate public facilities, such as parks,
28 libraries, and community centers, with schools to the extent
29 possible. For schools serving predominantly rural areas, an
30 agricultural land use category may be eligible for the
31 location of public school facilities, provided the local
9
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 comprehensive plan contains school siting criteria or the
2 applicable land use category will be amended through a
3 comprehensive plan amendment.
4 (k) An airport master plan shall be prepared by each
5 publicly owned and operated airport licensed by the Department
6 of Transportation under chapter 330. The airport master plan
7 shall address the airport, projected airport or aviation
8 development, and land use compatibility around the airport.
9 The airport master plan must be consistent with applicable
10 requirements for airport master planning issued by the Federal
11 Aviation Administration, pursuant to the applicable Federal
12 Aviation Administration's Advisory Circulars and Airport
13 Environmental Handbook, and by the Department of
14 Transportation, pursuant to s. 332.007(5), and with the
15 Department of Transportation's Guidebook for Airport Master
16 Planning and Airport Compatible Land Use Guidance. The airport
17 master plan, and any subsequent amendments to the airport
18 master plan, shall be incorporated into the transportation or
19 traffic circulation element of each affected local government
20 comprehensive plan by the adoption of a local government
21 comprehensive plan amendment. The authorized entity having
22 responsibility for governing the operation of the airport
23 shall submit copies of an airport master plan which meets the
24 requirements of this paragraph to the affected local
25 government no later than July 1, 2001. The affected local
26 government shall incorporate an airport master plan into the
27 local government comprehensive plan no later than July 1,
28 2002. As used in this paragraph, "affected local government"
29 means any local government having jurisdiction under this act
30 over the area in which the airport or projected airport or
31 aviation development is located. The Department of Community
10
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 Affairs, in conjunction with the Department of Transportation,
2 shall provide technical assistance to airports and local
3 governments to assist in the coordination of airport master
4 plans with the local government comprehensive plan, consistent
5 with the State Comprehensive Plan, the applicable strategic
6 regional policy plan, and state goals and objectives related
7 to airport planning. In the amendment to the local
8 comprehensive plan which integrates the airport master plan,
9 the affected local government shall address land use
10 compatibility consistent with chapter 333 regarding airport
11 zoning; the provision of regional transportation facilities
12 for the efficient use and operation of the transportation
13 system and airport; consistency with the transportation or
14 traffic circulation element of the applicable local
15 comprehensive plan and applicable metropolitan planning
16 organization long-range transportation plan; and the execution
17 of any necessary interlocal agreements for the purpose of the
18 provision of public facilities and services to maintain the
19 adopted level of service standards for facilities subject to
20 concurrency. The amendment to the local comprehensive plan
21 which integrates the airport master plan shall meet the
22 requirements of this paragraph. Development or expansion of
23 any publicly owned or operated airport, or airport-related or
24 aviation-related development, meeting the requirements of this
25 paragraph shall not be a development of regional impact when
26 such development, expansion, project, or facility is
27 consistent with an adopted airport master plan that is
28 approved by the Federal Aviation Administration and the
29 Department of Transportation and is in compliance with this
30 part.
31 (10) The Legislature recognizes the importance and
11
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 significance of chapter 9J-5, Florida Administrative Code, the
2 Minimum Criteria for Review of Local Government Comprehensive
3 Plans and Determination of Compliance of the Department of
4 Community Affairs that will be used to determine compliance of
5 local comprehensive plans. The Legislature reserved unto
6 itself the right to review chapter 9J-5, Florida
7 Administrative Code, and to reject, modify, or take no action
8 relative to this rule. Therefore, pursuant to subsection (9),
9 the Legislature hereby has reviewed chapter 9J-5, Florida
10 Administrative Code, and expresses the following legislative
11 intent:
12 (i) Due to the varying complexities, sizes, growth
13 rates, and other factors associated with local governments in
14 Florida, the department shall take into account the factors
15 delineated in rule 9J-5.002(2), Florida Administrative Code,
16 as it provides assistance to local governments and applies the
17 rule in specific situations with regard to the detail of the
18 data and analysis, and the content of the goals, objectives,
19 policies, and other graphic or textual standards required. If
20 a local government has in place a comprehensive plan found in
21 compliance, the department shall take into account as it
22 applies chapter 9J-5, Florida Administrative Code, whether a
23 plan amendment constitutes substantial progress over existing
24 provisions in the local comprehensive plan regarding
25 consistency with chapter 9J-5, Florida Administrative Code.
26 The provisions of this paragraph are not intended to allow the
27 department to waive or vary any of the requirements of law.
28 (11)(a) The Legislature recognizes the need for
29 innovative planning and development strategies which will
30 address the anticipated demands of continued urbanization of
31 Florida's coastal and other environmentally sensitive areas,
12
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 and which will accommodate the development of less populated
2 regions of the state which seek economic development and which
3 have suitable land and water resources to accommodate growth
4 in an environmentally acceptable manner. The Legislature
5 further recognizes the substantial advantages of innovative
6 approaches to development which may better serve to protect
7 environmentally sensitive areas, maintain the economic
8 viability of agricultural and other predominantly rural land
9 uses, and provide for the cost-efficient delivery of public
10 facilities and services.
11 (b) It is the intent of the Legislature that the local
12 government comprehensive plans and plan amendments adopted
13 pursuant to the provisions of this part provide for a planning
14 process which allows for land use efficiencies within existing
15 urban areas and which also allows for the conversion of rural
16 lands to other uses, where appropriate and consistent with the
17 other provisions of this part and the affected local
18 comprehensive plans, through the application of innovative and
19 flexible planning and development strategies and creative land
20 use planning techniques, which may include, but not be limited
21 to, urban villages, new towns, satellite communities,
22 area-based allocations, clustering and open space provisions,
23 mixed-use development, and sector planning.
24 (c) Lands classified in the future land use plan
25 element as agricultural, rural, open, open/rural, or a
26 substantively equivalent land use shall also be deemed
27 appropriate for innovative planning and development strategies
28 described in paragraphs (a) and (b) which the department
29 recognizes as methods for discouraging urban sprawl consistent
30 with the provisions of the state comprehensive plan, regional
31 policy plans, and this part.
13
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 (d) The Department of Community Affairs, in
2 conjunction with the Department of Agriculture and Consumer
3 Services, shall, by no later than December 15, 2000, prepare
4 and submit to the Governor, the Speaker of the House of
5 Representatives, and the President of the Senate a report on a
6 program of planning incentives, economic incentives, and other
7 measures as may be necessary to facilitate the timely
8 implementation of innovative planning and development
9 strategies described in paragraphs (a), (b), and (c) while
10 protecting environmentally sensitive areas, maintaining the
11 economic viability of agriculture and other predominantly
12 rural land uses, and providing for the cost-efficient delivery
13 of public facilities and services. Such incentives and other
14 measures shall address the following:
15 1. "Smart growth" strategies within rural areas which
16 proactively address both the pressures of population growth
17 and the substantial need for rural economic development.
18 2. The importance of maintaining rural land values as
19 the cornerstone of maintaining a viable rural economy.
20 3. Expression of the contents of paragraphs (a), (b),
21 and (c) in the form of practical and easily understood
22 planning guidelines.
23 4. A rural lands stewardship program under which the
24 owners of rural property are encouraged to convey development
25 rights in exchange for smart growth development credits which
26 are transferable within rural areas in which innovative
27 development and strategies are applied as part of a pattern of
28 land use which protects environmentally sensitive areas,
29 maintains the economic viability of agriculture and other
30 predominantly rural land uses, and provides for the
31 cost-efficient delivery of public facilities and services.
14
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 5. Strategies and incentives to reward best management
2 practices for agricultural activities consistent with the
3 conservation and protection of environmentally sensitive areas
4 and sound water management practices.
5 6. The coordination of state transportation
6 facilities, including roadways, railways, and port and airport
7 facilities, to provide for the transportation of agricultural
8 products and supplies.
9
10 The Department of Community Affairs shall also submit a copy
11 of such report to the Grow Smart Florida Study Commission by
12 December 15, 2000. The Department of Community Affairs and the
13 Department of Agriculture and Consumer Services shall
14 regularly report their progress on these issues to the
15 commission, cooperate and lend assistance to the commission,
16 and coordinate their final reporting to the Legislature to the
17 greatest extent possible.
18 (e)(c) It is the further intent of the Legislature
19 that local government comprehensive plans and implementing
20 land development regulations shall provide strategies which
21 maximize the use of existing facilities and services through
22 redevelopment, urban infill development, and other strategies
23 for urban revitalization.
24 (f)(d) The implementation of this subsection shall be
25 subject to the provisions of this chapter, chapters 186 and
26 187, and applicable agency rules.
27 (g)(e) The department shall implement the provisions
28 of this subsection by rule.
29 Section 7. Paragraph (g) of subsection (2) of section
30 163.3178, Florida Statutes, is amended to read:
31 163.3178 Coastal management.--
15
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 (2) Each coastal management element required by s.
2 163.3177(6)(g) shall be based on studies, surveys, and data;
3 be consistent with coastal resource plans prepared and adopted
4 pursuant to general or special law; and contain:
5 (g) A shoreline use component which identifies public
6 access to beach and shoreline areas and addresses the need for
7 water-dependent and water-related facilities, including
8 marinas, along shoreline areas. Local governments within
9 counties identified in s. 370.12(2)(f) shall adopt a marina
10 siting plan as part of this component no later than October 1,
11 2001.
12 Section 8. Subsections (3), (4), (6), (7), (8), and
13 (15) and paragraph (d) of subsection (16) of section 163.3184,
14 Florida Statutes, are amended to read:
15 163.3184 Process for adoption of comprehensive plan or
16 plan amendment.--
17 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
18 AMENDMENT.--
19 (a) Each local governing body shall transmit the
20 complete proposed comprehensive plan or plan amendment to the
21 state land planning agency, the appropriate regional planning
22 council and water management district, the Department of
23 Environmental Protection, the Department of State, and the
24 Department of Transportation, and, in the case of municipal
25 plans, to the appropriate county, and, in the case of county
26 plans, to the Fish and Wildlife Conservation Commission and
27 the Department of Agriculture and Consumer Services,
28 immediately following a public hearing pursuant to subsection
29 (15) as specified in the state land planning agency's
30 procedural rules. The local governing body shall also transmit
31 a copy of the complete proposed comprehensive plan or plan
16
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 amendment to any other unit of local government or government
2 agency in the state that has filed a written request with the
3 governing body for the plan or plan amendment. The local
4 government may request a review by the state land planning
5 agency pursuant to subsection (6) at the time of transmittal
6 of an amendment.
7 (b) A local governing body shall not transmit portions
8 of a plan or plan amendment unless it has previously provided
9 to all state agencies designated by the state land planning
10 agency a complete copy of its adopted comprehensive plan
11 pursuant to subsection (7) and as specified in the agency's
12 procedural rules. In the case of comprehensive plan
13 amendments, the local governing body shall transmit to the
14 state land planning agency, the appropriate regional planning
15 council and water management district, the Department of
16 Environmental Protection, the Department of State, and the
17 Department of Transportation, and, in the case of municipal
18 plans, to the appropriate county, and, in the case of county
19 plans, to the Fish and Wildlife Conservation Commission and
20 the Department of Agriculture and Consumer Services, the
21 materials specified in the state land planning agency's
22 procedural rules and, in cases in which the plan amendment is
23 a result of an evaluation and appraisal report adopted
24 pursuant to s. 163.3191, a copy of the evaluation and
25 appraisal report. Local governing bodies shall consolidate all
26 proposed plan amendments into a single submission for each of
27 the two plan amendment adoption dates during the calendar year
28 pursuant to s. 163.3187.
29 (c) A local government may adopt a proposed plan
30 amendment previously transmitted pursuant to this subsection,
31 unless review is requested or otherwise initiated pursuant to
17
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 subsection (6).
2 (d) In cases in which a local government transmits
3 multiple individual amendments that can be clearly and legally
4 separated and distinguished for the purpose of determining
5 whether to review the proposed amendment, and the state land
6 planning agency elects to review several or a portion of the
7 amendments and the local government chooses to immediately
8 adopt the remaining amendments not reviewed, the amendments
9 immediately adopted and any reviewed amendments that the local
10 government subsequently adopts together constitute one
11 amendment cycle in accordance with s. 163.3187(1).
12 (4) INTERGOVERNMENTAL REVIEW.--If review of a proposed
13 comprehensive plan amendment is requested or otherwise
14 initiated pursuant to subsection (6), the state land planning
15 agency within 5 working days of determining that such a review
16 will be conducted shall transmit a copy of the proposed plan
17 amendment to various government agencies, as appropriate, for
18 response or comment, including, but not limited to, the
19 Department of Environmental Protection, the Department of
20 Transportation, the water management district, and the
21 regional planning council, and, in the case of municipal
22 plans, to the county land planning agency. The These
23 governmental agencies specified in paragraph (3)(a) shall
24 provide comments to the state land planning agency within 30
25 days after receipt by the state land planning agency of the
26 complete proposed plan amendment. The appropriate regional
27 planning council shall also provide its written comments to
28 the state land planning agency within 30 days after receipt by
29 the state land planning agency of the complete proposed plan
30 amendment and shall specify any objections, recommendations
31 for modifications, and comments of any other regional agencies
18
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 to which the regional planning council may have referred the
2 proposed plan amendment. Written comments submitted by the
3 public within 30 days after notice of transmittal by the local
4 government of the proposed plan amendment will be considered
5 as if submitted by governmental agencies. All written agency
6 and public comments must be made part of the file maintained
7 under subsection (2).
8 (6) STATE LAND PLANNING AGENCY REVIEW.--
9 (a) The state land planning agency shall review a
10 proposed plan amendment upon request of a regional planning
11 council, affected person, or local government transmitting the
12 plan amendment. The request from the regional planning council
13 or affected person must be if the request is received within
14 30 days after transmittal of the proposed plan amendment
15 pursuant to subsection (3). The agency shall issue a report of
16 its objections, recommendations, and comments regarding the
17 proposed plan amendment. A regional planning council or
18 affected person requesting a review shall do so by submitting
19 a written request to the agency with a notice of the request
20 to the local government and any other person who has requested
21 notice.
22 (b) The state land planning agency may review any
23 proposed plan amendment regardless of whether a request for
24 review has been made, if the agency gives notice to the local
25 government, and any other person who has requested notice, of
26 its intention to conduct such a review within 35 30 days of
27 receipt by the state land planning agency transmittal of the
28 complete proposed plan amendment pursuant to subsection (3).
29 (c) The state land planning agency shall establish by
30 rule a schedule for receipt of comments from the various
31 government agencies, as well as written public comments,
19
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 pursuant to subsection (4). If the state land planning agency
2 elects to review the amendment or the agency is required to
3 review the amendment as specified in paragraph (a), the agency
4 shall issue a report of its objections, recommendations, and
5 comments regarding the proposed amendment within 60 days of
6 receipt of the complete proposed amendment by the state land
7 planning agency. Proposed comprehensive plan amendments from
8 small counties or rural communities for the purpose of job
9 creation, economic development, or strengthening and
10 diversifying the economy shall receive priority review by the
11 state land planning agency. The state land planning agency
12 shall have 30 days to review comments from the various
13 government agencies along with a local government's
14 comprehensive plan or plan amendment. During that period, the
15 state land planning agency shall transmit in writing its
16 comments to the local government along with any objections and
17 any recommendations for modifications. When a federal, state,
18 or regional agency has implemented a permitting program, the
19 state land planning agency shall not require a local
20 government to duplicate or exceed that permitting program in
21 its comprehensive plan or to implement such a permitting
22 program in its land development regulations. Nothing
23 contained herein shall prohibit the state land planning agency
24 in conducting its review of local plans or plan amendments
25 from making objections, recommendations, and comments or
26 making compliance determinations regarding densities and
27 intensities consistent with the provisions of this part. In
28 preparing its comments, the state land planning agency shall
29 only base its considerations on written, and not oral,
30 comments, from any source.
31 (d) The state land planning agency review shall
20
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 identify all written communications with the agency regarding
2 the proposed plan amendment. If the state land planning agency
3 does not issue such a review, it shall identify in writing to
4 the local government all written communications received 30
5 days after transmittal. The written identification must
6 include a list of all documents received or generated by the
7 agency, which list must be of sufficient specificity to enable
8 the documents to be identified and copies requested, if
9 desired, and the name of the person to be contacted to request
10 copies of any identified document. The list of documents must
11 be made a part of the public records of the state land
12 planning agency.
13 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
14 PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government
15 shall review the written comments submitted to it by the state
16 land planning agency, and any other person, agency, or
17 government. Any comments, recommendations, or objections and
18 any reply to them shall be public documents, a part of the
19 permanent record in the matter, and admissible in any
20 proceeding in which the comprehensive plan or plan amendment
21 may be at issue. The local government, upon receipt of
22 written comments from the state land planning agency, shall
23 have 120 days to adopt or adopt with changes the proposed
24 comprehensive plan or s. 163.3191 plan amendments. In the
25 case of comprehensive plan amendments other than those
26 proposed pursuant to s. 163.3191, the local government shall
27 have 60 days to adopt the amendment, adopt the amendment with
28 changes, or determine that it will not adopt the amendment.
29 The adoption of the proposed plan or plan amendment or the
30 determination not to adopt a plan amendment, other than a plan
31 amendment proposed pursuant to s. 163.3191, shall be made in
21
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 the course of a public hearing pursuant to subsection (15).
2 The local government shall transmit the complete adopted
3 comprehensive plan or adopted plan amendment to the state land
4 planning agency as specified in the agency's procedural rules
5 within 10 working days after adoption, including the names and
6 addresses of persons compiled pursuant to paragraph (15)(c).
7 The local governing body shall also transmit a copy of the
8 adopted comprehensive plan or plan amendment to the regional
9 planning agency and to any other unit of local government or
10 governmental agency in the state that has filed a written
11 request with the governing body for a copy of the plan or plan
12 amendment.
13 (8) NOTICE OF INTENT.--
14 (a) Except as provided in s. 163.3187(3), the state
15 land planning agency, upon receipt of a local government's
16 complete adopted comprehensive plan or plan amendment, shall
17 have 45 days for review and to determine if the plan or plan
18 amendment is in compliance with this act, unless the amendment
19 is the result of a compliance agreement entered into under
20 subsection (16), in which case the time period for review and
21 determination shall be 30 days. If review was not conducted
22 under subsection (6), the agency's determination must be based
23 upon the plan amendment as adopted. If review was conducted
24 under subsection (6), the agency's determination of compliance
25 must be based only upon one or both of the following:
26 1. The state land planning agency's written comments
27 to the local government pursuant to subsection (6); or
28 2. Any changes made by the local government to the
29 comprehensive plan or plan amendment as adopted.
30 (b) During the time period provided for in this
31 subsection, the state land planning agency shall issue,
22
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 through a senior administrator or the secretary, as specified
2 in the agency's procedural rules, a notice of intent to find
3 that the plan or plan amendment is in compliance or not in
4 compliance. A notice of intent shall be issued by publication
5 in the manner provided by this paragraph and by mailing a copy
6 to the local government and to persons who request notice.
7 The required advertisement shall be no less than 2 columns
8 wide by 10 inches long, and the headline in the advertisement
9 shall be in a type no smaller than 12 point. The advertisement
10 shall not be placed in that portion of the newspaper where
11 legal notices and classified advertisements appear. The
12 advertisement shall be published in a newspaper which meets
13 the size and circulation requirements set forth in paragraph
14 (15)(d)(c) and which has been designated in writing by the
15 affected local government at the time of transmittal of the
16 amendment. Publication by the state land planning agency of a
17 notice of intent in the newspaper designated by the local
18 government shall be prima facie evidence of compliance with
19 the publication requirements of this section.
20 (c) The state land planning agency shall post a copy
21 of the notice of intent on the agency's Internet site. The
22 agency shall, no later than the date the notice of intent is
23 transmitted to the newspaper, mail a courtesy informational
24 statement to the persons whose names and mailing addresses
25 were compiled pursuant to paragraph (15)(c). The informational
26 statement shall include the identity of the newspaper in which
27 the notice of intent will appear, the approximate date of
28 publication of the notice of intent, the ordinance number of
29 the plan or plan amendment, and a statement that the
30 informational statement is provided as a courtesy to the
31 person and that affected persons have 21 days from the actual
23
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 date of publication of the notice to file a petition. The
2 informational statement shall be sent by regular mail and
3 shall not affect the timeframes in subsections (9) and (10).
4 (15) PUBLIC HEARINGS.--
5 (a) The procedure for transmittal of a complete
6 proposed comprehensive plan or plan amendment pursuant to
7 subsection (3) and for adoption of a comprehensive plan or
8 plan amendment pursuant to subsection (7) shall be by
9 affirmative vote of not less than a majority of the members of
10 the governing body present at the hearing. The adoption of a
11 comprehensive plan or plan amendment shall be by ordinance.
12 For the purposes of transmitting or adopting a comprehensive
13 plan or plan amendment, the notice requirements in chapters
14 125 and 166 are superseded by this subsection, except as
15 provided in this part.
16 (b) The local governing body shall hold at least two
17 advertised public hearings on the proposed comprehensive plan
18 or plan amendment as follows:
19 1. The first public hearing shall be held at the
20 transmittal stage pursuant to subsection (3). It shall be
21 held on a weekday at least 7 days after the day that the first
22 advertisement is published.
23 2. The second public hearing shall be held at the
24 adoption stage pursuant to subsection (7). It shall be held
25 on a weekday at least 5 days after the day that the second
26 advertisement is published.
27 (c) The local government shall provide a sign-in form
28 at the transmittal hearing and at the adoption hearing for
29 persons to provide their name and mailing address. The sign-in
30 form shall state that any person providing the requested
31 information will receive a courtesy informational statement
24
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 concerning publication of the state land planning agency's
2 notice of intent. The local government shall add to the
3 sign-in form the name and address of any person who submits
4 written comments concerning the proposed plan or plan
5 amendment during the time period between the commencement of
6 the transmittal hearing and the end of the adoption hearing.
7 It shall be the responsibility of the person completing the
8 form or providing written comments to accurately, completely,
9 and legibly provide all information required to receive the
10 courtesy informational statement. The agency shall adopt rules
11 to provide a model sign-in form and the format for providing
12 the list to the agency, which may be used by the local
13 government to satisfy the requirements of this paragraph.
14 (d)(c) If the proposed comprehensive plan or plan
15 amendment changes the actual list of permitted, conditional,
16 or prohibited uses within a future land use category or
17 changes the actual future land use map designation of a parcel
18 or parcels of land, the required advertisements shall be in
19 the format prescribed by s. 125.66(4)(b)2. for a county or by
20 s. 166.041(3)(c)2.b. for a municipality.
21 (16) COMPLIANCE AGREEMENTS.--
22 (d) A local government may adopt a plan amendment
23 pursuant to a compliance agreement in accordance with the
24 requirements of paragraph (15)(a). The plan amendment shall be
25 exempt from the requirements of subsections (2) through (7).
26 The local government shall hold a single adoption public
27 hearing pursuant to the requirements of subparagraph (15)(b)2.
28 and paragraph (15)(d)(c). Within 10 working days after
29 adoption of a plan amendment, the local government shall
30 transmit the amendment to the state land planning agency as
31 specified in the agency's procedural rules, and shall submit
25
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 one copy to the regional planning agency and to any other unit
2 of local government or government agency in the state that has
3 filed a written request with the governing body for a copy of
4 the plan amendment, and one copy to any party to the
5 proceeding under ss. 120.569 and 120.57 granted intervenor
6 status.
7 Section 9. Paragraph (c) of subsection (1) of section
8 163.3187, Florida Statutes, is amended to read:
9 163.3187 Amendment of adopted comprehensive plan.--
10 (1) Amendments to comprehensive plans adopted pursuant
11 to this part may be made not more than two times during any
12 calendar year, except:
13 (c) Any local government comprehensive plan amendments
14 directly related to proposed small scale development
15 activities may be approved without regard to statutory limits
16 on the frequency of consideration of amendments to the local
17 comprehensive plan. A small scale development amendment may
18 be adopted only under the following conditions:
19 1. The proposed amendment involves a use of 10 acres
20 or fewer, except that a proposed amendment may involve a use
21 of 20 acres or fewer if located within an area designated in
22 the local comprehensive plan for urban infill, urban
23 redevelopment, or downtown revitalization as defined in s.
24 163.3164, urban infill and redevelopment areas designated
25 under s. 163.2517, transportation concurrency exception areas
26 approved pursuant to s. 163.3180(5), or regional activity
27 centers and urban central business districts approved pursuant
28 to s. 380.06(2)(e), and:
29 a. The cumulative annual effect of the acreage for all
30 small scale development amendments adopted by the local
31 government does shall not exceed:
26
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
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
27
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
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
28
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
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 (2) "Aggrieved or adversely affected party" means any
29
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 person or local government which will suffer an adverse effect
2 to an interest protected or furthered by the local government
3 comprehensive plan, including interests related to health and
4 safety, police and fire protection service systems, densities
5 or intensities of development, transportation facilities,
6 health care facilities, equipment or services, or
7 environmental or natural resources. The alleged adverse
8 interest may be shared in common with other members of the
9 community at large, but shall exceed in degree the general
10 interest in community good shared by all persons. The term
11 includes the owner, developer, or applicant for a development
12 order.
13 (3)(a) No suit may be maintained under this section
14 challenging the approval or denial of a zoning, rezoning,
15 planned unit development, variance, special exception,
16 conditional use, or other development order granted prior to
17 October 1, 1985, or applied for prior to July 1, 1985.
18 (b) Suit under this section shall be the sole action
19 available to challenge the consistency of any a development
20 order with a comprehensive plan adopted under this part. The
21 local government that issued the development order and the
22 applicant for the development order, if suit is brought by an
23 aggrieved or adversely affected party, shall be named as
24 respondents in any proceeding pursuant to this section.
25 (4) If a local government adopts an ordinance
26 establishing, at a minimum, the components of its local
27 development review process listed in this subsection, then the
28 sole action for an aggrieved or adversely affected party to
29 challenge consistency of a development order with the
30 comprehensive plan shall be by a petition for certiorari filed
31 in circuit court. The court shall have the authority to order
30
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 injunctive or such other relief as it deems appropriate.
2 Minimum components of the local process shall be as follows:
3 (a) Notice by publication and by mailed notice to all
4 abutting property owners simultaneous with the filing of
5 application for development review.
6 (b) An opportunity to participate in the process for
7 an aggrieved or adversely affected party which provides a
8 reasonable time to prepare and present a case.
9 (c) An opportunity for reasonable discovery prior to a
10 quasi-judicial hearing.
11 (d) A hearing before an independent special master,
12 who shall be an attorney with at least 5 years' experience,
13 and who shall, at conclusion of the hearing, recommend written
14 findings of fact and conclusions of law.
15 (e) At the hearing all parties shall have the
16 opportunity to respond, to present evidence and argument on
17 all issues involved, and to conduct cross examination and
18 submit rebuttal evidence.
19 (f) The standard of review applied by the special
20 master shall be in accordance with Florida law.
21 (g) A hearing before the local government, which shall
22 be bound by the special master's findings of fact unless not
23 supported by competent substantial evidence, but which shall
24 not be bound by the conclusions of law if it finds that the
25 special master's application or interpretation of law is
26 erroneous. As a condition precedent to the institution of an
27 action pursuant to this section, the complaining party shall
28 first file a verified complaint with the local government
29 whose actions are complained of setting forth the facts upon
30 which the complaint is based and the relief sought by the
31 complaining party. The verified complaint shall be filed no
31
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 later than 30 days after the alleged inconsistent action has
2 been taken. The local government receiving the complaint
3 shall respond within 30 days after receipt of the complaint.
4 Thereafter, the complaining party may institute the action
5 authorized in this section. However, the action shall be
6 instituted no later than 30 days after the expiration of the
7 30-day period which the local government has to take
8 appropriate action. Failure to comply with this subsection
9 shall not bar an action for a temporary restraining order to
10 prevent immediate and irreparable harm from the actions
11 complained of.
12 (5) Venue in any cases brought under this section
13 shall lie in the county or counties where the actions or
14 inactions giving rise to the cause of action are alleged to
15 have occurred.
16 (6) The signature of an attorney or party constitutes
17 a certificate that he or she has read the pleading, motion, or
18 other paper and that, to the best of his or her knowledge,
19 information, and belief formed after reasonable inquiry, it is
20 not interposed for any improper purpose, such as to harass or
21 to cause unnecessary delay or for economic advantage,
22 competitive reasons or frivolous purposes or needless increase
23 in the cost of litigation. If a pleading, motion, or other
24 paper is signed in violation of these requirements, the court,
25 upon motion or its own initiative, shall impose upon the
26 person who signed it, a represented party, or both, an
27 appropriate sanction, which may include an order to pay to the
28 other party or parties the amount of reasonable expenses
29 incurred because of the filing of the pleading, motion, or
30 other paper, including a reasonable attorney's fee.
31 (7) In any action under this section, no settlement
32
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 shall be entered into by the local government unless the terms
2 of the settlement have been the subject of a public hearing
3 after notice as required by this part.
4 (8) In any suit under this section, the Department of
5 Legal Affairs may intervene to represent the interests of the
6 state.
7 Section 11. Section 163.3245, Florida Statutes, is
8 amended to read:
9 163.3245 Optional sector plans.--
10 (1) In recognition of the benefits of conceptual
11 long-range planning for the buildout of an area, and detailed
12 planning for specific areas, as a demonstration project, the
13 requirements of s. 380.06 may be addressed as identified by
14 this section for up to five local governments or combinations
15 of local governments which adopt into the comprehensive plan
16 an optional sector plan in accordance with this section. This
17 section is intended to further the intent of s. 163.3177(11),
18 which supports innovative and flexible planning and
19 development strategies, and the purposes of this part, and
20 part I of chapter 380, and to avoid duplication of effort in
21 terms of the level of data and analysis required for a
22 development of regional impact, while ensuring the adequate
23 mitigation of impacts to applicable regional resources and
24 facilities, including those within the jurisdiction of other
25 local governments, as would otherwise be provided. Optional
26 sector plans are intended for substantial geographic areas
27 including at least 5,000 acres of one or more local
28 governmental jurisdictions and are to emphasize urban form and
29 protection of regionally significant resources and facilities.
30 The state land planning agency may approve optional sector
31 plans of less than 5,000 acres based on local circumstances if
33
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 it is determined that the plan would further the purposes of
2 this part and part I of chapter 380. Preparation of an
3 optional sector plan is authorized by agreement between the
4 state land planning agency and the applicable local
5 governments under s. 163.3171(4). An optional sector plan may
6 be adopted through one or more comprehensive plan amendments
7 under s. 163.3184. However, an optional sector plan may not be
8 authorized in an area of critical state concern.
9 (2) The state land planning agency may enter into an
10 agreement to authorize preparation of an optional sector plan
11 upon the request of one or more local governments based on
12 consideration of problems and opportunities presented by
13 existing development trends; the effectiveness of current
14 comprehensive plan provisions; the potential to further the
15 state comprehensive plan, applicable strategic regional policy
16 plans, this part, and part I of chapter 380; and those factors
17 identified by s. 163.3177(10)(i). The applicable regional
18 planning council shall conduct a scoping meeting with affected
19 local governments and those agencies identified in s.
20 163.3184(3)(a)(4) before execution of the agreement authorized
21 by this section. The purpose of this meeting is to assist the
22 state land planning agency and the local government in the
23 identification of the relevant planning issues to be addressed
24 and the data and resources available to assist in the
25 preparation of subsequent plan amendments. The regional
26 planning council shall make written recommendations to the
27 state land planning agency and affected local governments,
28 including whether an optional a sustainable sector plan would
29 be appropriate. The agreement must define the geographic area
30 to be subject to the sector plan, the planning issues that
31 will be emphasized, requirements for intergovernmental
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 coordination to address extrajurisdictional impacts,
2 supporting application materials including data and analysis,
3 and procedures for public participation. An agreement may
4 address previously adopted sector plans that are consistent
5 with the standards in this section. Before executing an
6 agreement under this subsection, the local government shall
7 hold a duly noticed public workshop to review and explain to
8 the public the optional sector planning process and the terms
9 and conditions of the proposed agreement. The local government
10 shall hold a duly noticed public hearing on whether to execute
11 the agreement. All meetings between the department and the
12 local government must be open to the public.
13 (3) Optional sector planning encompasses two levels:
14 adoption under s. 163.3184 of a conceptual long-term buildout
15 overlay to the comprehensive plan, having no immediate effect
16 on the issuance of development orders or the applicability of
17 s. 380.06, and adoption under s. 163.3184 of detailed specific
18 area plans that implement the conceptual long-term buildout
19 overlay and authorize issuance of development orders, and
20 within which s. 380.06 is waived. Until such time as a
21 detailed specific area plan is adopted, the underlying future
22 land use designations apply.
23 (a) In addition to the other requirements of this
24 chapter, a conceptual long-term buildout overlay must include:
25 1. A long-range conceptual framework map that at a
26 minimum identifies anticipated areas of urban, agricultural,
27 rural, and conservation land use.
28 2. Identification of regionally significant public
29 facilities consistent with chapter 9J-2, Florida
30 Administrative Code, irrespective of local governmental
31 jurisdiction necessary to support buildout of the anticipated
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 future land uses.
2 3. Identification of regionally significant natural
3 resources consistent with chapter 9J-2, Florida Administrative
4 Code.
5 4. Principles and guidelines that address the urban
6 form and interrelationships of anticipated future land uses
7 and a discussion, at the applicant's option, of the extent, if
8 any, to which the plan will address restoring key ecosystems,
9 achieving a more clean, healthy environment, limiting urban
10 sprawl, protecting wildlife and natural areas, advancing the
11 efficient use of land and other resources, and creating
12 quality communities and jobs.
13 5. Identification of general procedures to ensure
14 intergovernmental coordination to address extrajurisdictional
15 impacts from the long-range conceptual framework map.
16 (b) In addition to the other requirements of this
17 chapter, including those in paragraph (a), the detailed
18 specific area plans must include:
19 1. An area of adequate size to accommodate a level of
20 development which achieves a functional relationship between a
21 full range of land uses within the area and to encompass at
22 least 1,000 acres. The state land planning agency may approve
23 detailed specific area plans of less than 1,000 acres based on
24 local circumstances if it is determined that the plan furthers
25 the purposes of this part and part I of chapter 380.
26 2. Detailed identification and analysis of the
27 distribution, extent, and location of future land uses.
28 3. Detailed identification of regionally significant
29 public facilities, including public facilities outside the
30 jurisdiction of the host local government, anticipated impacts
31 of future land uses on those facilities, and required
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 improvements to maintain adopted level of service standards
2 consistent with chapter 9J-2, Florida Administrative Code.
3 4. Public facilities necessary for the short term,
4 including developer contributions in a financially feasible
5 5-year capital improvement schedule of the affected local
6 government.
7 5. Detailed analysis and identification of specific
8 measures to assure the protection of regionally significant
9 natural resources and other important resources both within
10 and outside the host jurisdiction, including those regionally
11 significant resources identified in chapter 9J-2, Florida
12 Administrative Code.
13 6. Principles and guidelines that address the urban
14 form and interrelationships of anticipated future land uses
15 and a discussion, at the applicant's option, of the extent, if
16 any, to which the plan will address restoring key ecosystems,
17 achieving a more clean, healthy environment, limiting urban
18 sprawl, protecting wildlife and natural areas, advancing the
19 efficient use of land and other resources, and creating
20 quality communities and jobs.
21 7. Identification of specific procedures to ensure
22 intergovernmental coordination to address extrajurisdictional
23 impacts of the detailed specific area plan.
24 (c) This subsection may not be construed to prevent
25 preparation and approval of the optional sector plan and
26 detailed specific area plan concurrently or in the same
27 submission.
28 (4) The host local government shall submit a
29 monitoring report to the state land planning agency and
30 applicable regional planning council on an annual basis after
31 adoption of a detailed specific area plan. The annual
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 monitoring report must provide summarized information on
2 development orders issued, development that has occurred,
3 public facility improvements made, and public facility
4 improvements anticipated over the upcoming 5 years.
5 (5) When a plan amendment adopting a detailed specific
6 area plan has become effective under ss. 163.3184 and
7 163.3189(2), the provisions of s. 380.06 do not apply to
8 development within the geographic area of the detailed
9 specific area plan. Should this section be repealed, any
10 approved development within a detailed specific area plan
11 shall maintain its exemption from s. 380.06. However, any
12 development-of-regional-impact development order that is
13 vested from the detailed specific area plan may be enforced
14 under s. 380.11.
15 (a) The local government adopting the detailed
16 specific area plan is primarily responsible for monitoring and
17 enforcing the detailed specific area plan. Local governments
18 shall not issue any permits or approvals or provide any
19 extensions of services to development that are not consistent
20 with the detailed specific sector area plan.
21 (b) If the state land planning agency has reason to
22 believe that a violation of any detailed specific area plan,
23 or of any agreement entered into under this section, has
24 occurred or is about to occur, it may institute an
25 administrative or judicial proceeding to prevent, abate, or
26 control the conditions or activity creating the violation,
27 using the procedures in s. 380.11.
28 (c) In instituting an administrative or judicial
29 proceeding involving an optional sector plan or detailed
30 specific area plan, including a proceeding pursuant to
31 paragraph (b), the complaining party shall comply with the
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 requirements of s. 163.3215(4), (5), (6), and (7).
2 (6) Beginning December 1, 1999, and each year
3 thereafter, the department shall provide a status report to
4 the Legislative Committee on Intergovernmental Relations
5 regarding each optional sector plan authorized under this
6 section.
7 (7) This section may not be construed to abrogate the
8 rights of any person under this chapter.
9 Section 12. Section 166.0498, Florida Statutes, is
10 created to read:
11 166.0498 Right of citizens to petition elected
12 officials.--No citizen shall be denied his or her
13 constitutional right to petition any elected official in
14 public or private. This provision shall preempt any other
15 special act or general law to the contrary.
16 Section 13. Subsection (1) of section 166.231, Florida
17 Statutes, is amended to read:
18 166.231 Municipalities; public service tax.--
19 (1)(a) A municipality may levy a tax on the purchase
20 of electricity, metered natural gas, liquefied petroleum gas
21 either metered or bottled, manufactured gas either metered or
22 bottled, and water service. Except for those municipalities to
23 which paragraph (c) applies, the tax shall be levied only upon
24 purchases within the municipality and shall not exceed 10
25 percent of the payments received by the seller of the taxable
26 item from the purchaser for the purchase of such service.
27 Municipalities imposing a tax on the purchase of cable
28 television service as of May 4, 1977, may continue to levy
29 such tax to the extent necessary to meet all obligations to or
30 for the benefit of holders of bonds or certificates which were
31 issued prior to May 4, 1977. Purchase of electricity means
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 the purchase of electric power by a person who will consume it
2 within the municipality.
3 (b) The tax imposed by paragraph (a) shall not be
4 applied against any fuel adjustment charge, and such charge
5 shall be separately stated on each bill. The term "fuel
6 adjustment charge" means all increases in the cost of utility
7 services to the ultimate consumer resulting from an increase
8 in the cost of fuel to the utility subsequent to October 1,
9 1973.
10 (c) The tax imposed by paragraph (a) on water service
11 may be applied outside municipal boundaries to property
12 included in a development of regional impact approved pursuant
13 to s. 380.06, if agreed to in writing by the developer of such
14 property and the municipality prior to March 31, 2000. If a
15 tax levied pursuant to this paragraph is challenged, recovery,
16 if any, shall be limited to moneys paid into an escrow account
17 of the clerk of the court subsequent to such challenge.
18 Section 14. Paragraphs (c) and (g) of subsection (15),
19 and subsections (18) and (19) of section 380.06, Florida
20 Statutes, are amended, and paragraphs (i), (j), and (k) are
21 added to subsection (24) of said section, to read:
22 380.06 Developments of regional impact.--
23 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
24 (c) The development order shall include findings of
25 fact and conclusions of law consistent with subsections (13)
26 and (14). The development order:
27 1. Shall specify the monitoring procedures and the
28 local official responsible for assuring compliance by the
29 developer with the development order.
30 2. Shall establish compliance dates for the
31 development order, including a deadline for commencing
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 physical development and for compliance with conditions of
2 approval or phasing requirements, and shall include a
3 termination date that reasonably reflects the time required to
4 complete the development.
5 3. Shall establish a date until which the local
6 government agrees that the approved development of regional
7 impact shall not be subject to downzoning, unit density
8 reduction, or intensity reduction, unless the local government
9 can demonstrate that substantial changes in the conditions
10 underlying the approval of the development order have occurred
11 or the development order was based on substantially inaccurate
12 information provided by the developer or that the change is
13 clearly established by local government to be essential to the
14 public health, safety, or welfare.
15 4. Shall specify the requirements for the biennial
16 annual report designated under subsection (18), including the
17 date of submission, parties to whom the report is submitted,
18 and contents of the report, based upon the rules adopted by
19 the state land planning agency. Such rules shall specify the
20 scope of any additional local requirements that may be
21 necessary for the report.
22 5. May specify the types of changes to the development
23 which shall require submission for a substantial deviation
24 determination under subsection (19).
25 6. Shall include a legal description of the property.
26 (g) A local government shall not issue permits for
27 development subsequent to the termination date or expiration
28 date contained in the development order unless:
29 1. The proposed development has been evaluated
30 cumulatively with existing development under the substantial
31 deviation provisions of subsection (19) subsequent to the
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 termination or expiration date;
2 2. The proposed development is consistent with an
3 abandonment of development order that has been issued in
4 accordance with the provisions of subsection (26); or
5 3. The project has been determined to be an
6 essentially built-out development of regional impact through
7 an agreement executed by the developer, the state land
8 planning agency, and the local government, in accordance with
9 s. 380.032, which will establish the terms and conditions
10 under which the development may be continued. If the project
11 is determined to be essentially built-out, development may
12 proceed pursuant to the s. 380.032 agreement after the
13 termination or expiration date contained in the development
14 order without further development-of-regional-impact review
15 subject to the local government comprehensive plan and land
16 development regulations or subject to a modified
17 development-of-regional-impact analysis. As used in this
18 paragraph, an "essentially built-out" development of regional
19 impact means:
20 a. The development is in compliance with all
21 applicable terms and conditions of the development order
22 except the built-out date; and
23 b.(I) The amount of development that remains to be
24 built is less than the substantial deviation threshold
25 specified in paragraph (19)(b) for each individual land use
26 category, or, for a multiuse development, the sum total of all
27 unbuilt land uses as a percentage of the applicable
28 substantial deviation threshold is equal to or less than 150
29 100 percent; or
30 (II) The state land planning agency and the local
31 government have agreed in writing that the amount of
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 development to be built does not create the likelihood of any
2 additional regional impact not previously reviewed.
3 (18) BIENNIAL ANNUAL REPORTS.--The developer shall
4 submit a biennial an annual report on the development of
5 regional impact to the local government, the regional planning
6 agency, the state land planning agency, and all affected
7 permit agencies in alternate years on the date specified in
8 the development order, unless the development order by its
9 terms requires more frequent monitoring. If the annual report
10 is not received, the regional planning agency or the state
11 land planning agency shall notify the local government. If
12 the local government does not receive the annual report or
13 receives notification that the regional planning agency or the
14 state land planning agency has not received the report, the
15 local government shall request in writing that the developer
16 submit the report within 30 days. The failure to submit the
17 report after 30 days shall result in the temporary suspension
18 of the development order by the local government. If no
19 additional development pursuant to the development order has
20 occurred since the submission of the previous report, then a
21 letter from the developer stating that no development has
22 occurred will satisfy the requirement for a report.
23 Development orders which require annual reports may be amended
24 to require biennial reports at the option of the local
25 government.
26 (19) SUBSTANTIAL DEVIATIONS.--
27 (a) Any proposed change to a previously approved
28 development which creates a reasonable likelihood of
29 additional regional impact, or any type of regional impact
30 created by the change not previously reviewed by the regional
31 planning agency, shall constitute a substantial deviation and
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 shall cause the development to be subject to further
2 development-of-regional-impact review. There are a variety of
3 reasons why a developer may wish to propose changes to an
4 approved development of regional impact, including changed
5 market conditions. The procedures set forth in this
6 subsection are for that purpose.
7 (b) Any proposed change to a previously approved
8 development of regional impact or development order condition
9 which, either individually or cumulatively with other changes,
10 exceeds any of the following criteria shall constitute a
11 substantial deviation and shall cause the development to be
12 subject to further development-of-regional-impact review
13 without the necessity for a finding of same by the local
14 government:
15 1. An increase in the number of parking spaces at an
16 attraction or recreational facility by 5 percent or 300
17 spaces, whichever is greater, or an increase in the number of
18 spectators that may be accommodated at such a facility by 5
19 percent or 1,000 spectators, whichever is greater.
20 2. A new runway, a new terminal facility, a 25-percent
21 lengthening of an existing runway, or a 25-percent increase in
22 the number of gates of an existing terminal, but only if the
23 increase adds at least three additional gates. However, if an
24 airport is located in two counties, a 10-percent lengthening
25 of an existing runway or a 20-percent increase in the number
26 of gates of an existing terminal is the applicable criteria.
27 3. An increase in the number of hospital beds by 5
28 percent or 60 beds, whichever is greater.
29 4. An increase in industrial development area by 5
30 percent or 32 acres, whichever is greater.
31 5. An increase in the average annual acreage mined by
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 5 percent or 10 acres, whichever is greater, or an increase in
2 the average daily water consumption by a mining operation by 5
3 percent or 300,000 gallons, whichever is greater. An increase
4 in the size of the mine by 5 percent or 750 acres, whichever
5 is less.
6 6. An increase in land area for office development by
7 5 percent or 6 acres, whichever is greater, or an increase of
8 gross floor area of office development by 5 percent or 60,000
9 gross square feet, whichever is greater.
10 7. An increase in the storage capacity for chemical or
11 petroleum storage facilities by 5 percent, 20,000 barrels, or
12 7 million pounds, whichever is greater.
13 8. An increase of development at a waterport of wet
14 storage for 20 watercraft, dry storage for 30 watercraft, or
15 wet wet/dry storage for 30 60 watercraft in an area identified
16 in the state marina siting plan as an appropriate site for
17 additional waterport development or a 5-percent increase in
18 watercraft storage capacity, whichever is greater.
19 9. An increase in the number of dwelling units by 5
20 percent or 50 dwelling units, whichever is greater.
21 10. An increase in commercial development by 6 acres
22 of land area or by 50,000 square feet of gross floor area, or
23 of parking spaces provided for customers for 300 cars or a
24 5-percent increase of any of these, whichever is greater.
25 11. An increase in hotel or motel facility units by 5
26 percent or 75 units, whichever is greater.
27 12. An increase in a recreational vehicle park area by
28 5 percent or 100 vehicle spaces, whichever is less.
29 13. A decrease in the area set aside for open space of
30 5 percent or 20 acres, whichever is less.
31 14. A proposed increase to an approved multiuse
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 development of regional impact where the sum of the increases
2 of each land use as a percentage of the applicable substantial
3 deviation criteria is equal to or exceeds 150 100 percent. The
4 percentage of any decrease in the amount of open space shall
5 be treated as an increase for purposes of determining when 150
6 100 percent has been reached or exceeded.
7 15. A 15-percent increase in the number of external
8 vehicle trips generated by the development above that which
9 was projected during the original
10 development-of-regional-impact review.
11 16. Any change which would result in development of
12 any area which was specifically set aside in the application
13 for development approval or in the development order for
14 preservation or special protection of endangered or threatened
15 plants or animals designated as endangered, threatened, or
16 species of special concern and their habitat, primary dunes,
17 or archaeological and historical sites designated as
18 significant by the Division of Historical Resources of the
19 Department of State. The further refinement of such areas by
20 survey shall be considered under sub-subparagraph (e)5.b.
21
22 The substantial deviation numerical standards in subparagraphs
23 4., 6., 10., 14., excluding residential uses, and 15., are
24 increased by 100 percent for a project certified under s.
25 403.973 which creates jobs and meets criteria established by
26 the Office of Tourism, Trade, and Economic Development as to
27 its impact on an area's economy, employment, and prevailing
28 wage and skill levels. The substantial deviation numerical
29 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
30 increased by 50 percent for a project located wholly within an
31 urban infill and redevelopment area designated on the
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 applicable adopted local comprehensive plan future land use
2 map and not located within the coastal high hazard area.
3 (c) An extension of the date of buildout of a
4 development, or any phase thereof, by 7 or more years shall be
5 presumed to create a substantial deviation subject to further
6 development-of-regional-impact review. An extension of the
7 date of buildout, or any phase thereof, of 5 years or more but
8 less than 7 years shall be presumed not to create a
9 substantial deviation. These presumptions may be rebutted by
10 clear and convincing evidence at the public hearing held by
11 the local government. An extension of less than 7 5 years is
12 not a substantial deviation. For the purpose of calculating
13 when a buildout, phase, or termination date has been exceeded,
14 the time shall be tolled during the pendency of administrative
15 or judicial proceedings relating to development permits. Any
16 extension of the buildout date of a project or a phase thereof
17 shall automatically extend the commencement date of the
18 project, the termination date of the development order, the
19 expiration date of the development of regional impact, and the
20 phases thereof by a like period of time.
21 (d) A change in the plan of development of an approved
22 development of regional impact resulting from requirements
23 imposed by the Department of Environmental Protection or any
24 water management district created by s. 373.069 or any of
25 their successor agencies or by any appropriate federal
26 regulatory agency shall be submitted to the local government
27 pursuant to this subsection. The change shall be presumed not
28 to create a substantial deviation subject to further
29 development-of-regional-impact review. The presumption may be
30 rebutted by clear and convincing evidence at the public
31 hearing held by the local government.
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 (e)1. A proposed change which, either individually or,
2 if there were previous changes, cumulatively with those
3 changes, is equal to or exceeds 40 percent of the any
4 numerical criterion in subparagraph (b)15. subparagraphs
5 (b)1.-15., but which does not exceed such criterion, shall be
6 presumed not to create a substantial deviation subject to
7 further development-of-regional-impact review. The
8 presumption may be rebutted by clear and convincing evidence
9 at the public hearing held by the local government pursuant to
10 subparagraph (f)5.
11 2. Except for a development order rendered pursuant to
12 subsection (22) or subsection (25), a proposed change to a
13 development order that individually or cumulatively with any
14 previous change is less than 40 percent of any numerical
15 criterion contained in subparagraphs (b)1.-14.15. and does not
16 exceed any other criterion is not a substantial deviation, or
17 that involves an extension of the buildout date of a
18 development, or any phase thereof, of less than 5 years is not
19 subject to the public hearing requirements of subparagraph
20 (f)3., and is not subject to a determination pursuant to
21 subparagraph (f)5. Notice of the proposed change shall be
22 made to the local government and the regional planning council
23 and the state land planning agency. Such notice shall include
24 a description of previous individual changes made to the
25 development, including changes previously approved by the
26 local government, and shall include appropriate amendments to
27 the development order. The following changes, individually or
28 cumulatively with any previous changes, are not substantial
29 deviations:
30 a. Changes in the name of the project, developer,
31 owner, or monitoring official.
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 b. Changes to a setback that do not affect noise
2 buffers, environmental protection or mitigation areas, or
3 archaeological or historical resources.
4 c. Changes to minimum lot sizes.
5 d. Changes in the configuration of internal roads that
6 do not affect external access points.
7 e. Changes to the building design or orientation that
8 stay approximately within the approved area designated for
9 such building and parking lot, and which do not affect
10 historical buildings designated as significant by the Division
11 of Historical Resources of the Department of State.
12 f. Changes to increase the acreage in the development,
13 provided that no development is proposed on the acreage to be
14 added.
15 g. Changes to eliminate an approved land use, provided
16 that there are no additional regional impacts.
17 h. Changes required to conform to permits approved by
18 any federal, state, or regional permitting agency, provided
19 that these changes do not create additional regional impacts.
20 i. Any other change which the state land planning
21 agency agrees in writing is similar in nature, impact, or
22 character to the changes enumerated in sub-subparagraphs a.-h.
23 and which does not create the likelihood of any additional
24 regional impact.
25
26 This subsection does not require a development order amendment
27 for any change listed in sub-subparagraphs a.-i. unless such
28 issue is addressed either in the existing development order or
29 in the application for development approval, but, in the case
30 of the application, only if, and in the manner in which, the
31 application is incorporated in the development order.
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 3. Except for the change authorized by
2 sub-subparagraph 2.f., any addition of land not previously
3 reviewed or any change not specified in paragraph (b) or
4 paragraph (c) shall be presumed to create a substantial
5 deviation. This presumption may be rebutted by clear and
6 convincing evidence.
7 4. Any submittal of a proposed change to a previously
8 approved development shall include a description of individual
9 changes previously made to the development, including changes
10 previously approved by the local government. The local
11 government shall consider the previous and current proposed
12 changes in deciding whether such changes cumulatively
13 constitute a substantial deviation requiring further
14 development-of-regional-impact review.
15 5. The following changes to an approved development of
16 regional impact shall be presumed to create a substantial
17 deviation. Such presumption may be rebutted by clear and
18 convincing evidence.
19 a. A change proposed for 15 percent or more of the
20 acreage to a land use not previously approved in the
21 development order. Changes of less than 15 percent shall be
22 presumed not to create a substantial deviation.
23 b. Except for the types of uses listed in subparagraph
24 (b)16., any change which would result in the development of
25 any area which was specifically set aside in the application
26 for development approval or in the development order for
27 preservation, buffers, or special protection, including
28 habitat for plant and animal species, archaeological and
29 historical sites, dunes, and other special areas.
30 c. Notwithstanding any provision of paragraph (b) to
31 the contrary, a proposed change consisting of simultaneous
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 increases and decreases of at least two of the uses within an
2 authorized multiuse development of regional impact which was
3 originally approved with three or more uses specified in s.
4 380.0651(3)(c), (d), (f), and (g) and residential use.
5 (f)1. The state land planning agency shall establish
6 by rule standard forms for submittal of proposed changes to a
7 previously approved development of regional impact which may
8 require further development-of-regional-impact review. At a
9 minimum, the standard form shall require the developer to
10 provide the precise language that the developer proposes to
11 delete or add as an amendment to the development order.
12 2. The developer shall submit, simultaneously, to the
13 local government, the regional planning agency, and the state
14 land planning agency the request for approval of a proposed
15 change. Those changes described in subparagraph (e)2. do not
16 need to be submitted to the state land planning agency;
17 however, if the proposed change does not qualify under
18 subparagraph (e)2., the local government or the regional
19 planning agency shall request that the state land planning
20 agency review the proposed change.
21 3. No sooner than 30 days but no later than 45 days
22 after submittal by the developer to the local government, the
23 state land planning agency, and the appropriate regional
24 planning agency, the local government shall give 15 days'
25 notice and schedule a public hearing to consider the change
26 that the developer asserts does not create a substantial
27 deviation. This public hearing shall be held within 90 days
28 after submittal of the proposed changes, unless that time is
29 extended by the developer.
30 4. The appropriate regional planning agency or the
31 state land planning agency shall review the proposed change
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Amendment No. (for drafter's use only)
1 and, no later than 45 days after submittal by the developer of
2 the proposed change, unless that time is extended by the
3 developer, and prior to the public hearing at which the
4 proposed change is to be considered, shall advise the local
5 government in writing whether it objects to the proposed
6 change, shall specify the reasons for its objection, if any,
7 and shall provide a copy to the developer. A change which is
8 subject to the substantial deviation criteria specified in
9 sub-subparagraph (e)5.c. shall not be subject to this
10 requirement.
11 5. At the public hearing, the local government shall
12 determine whether the proposed change requires further
13 development-of-regional-impact review. The provisions of
14 paragraphs (a) and (e), the thresholds set forth in paragraph
15 (b), and the presumptions set forth in paragraphs (c) and (d)
16 and subparagraphs (e)1. and 3. shall be applicable in
17 determining whether further development-of-regional-impact
18 review is required.
19 6. If the local government determines that the
20 proposed change does not require further
21 development-of-regional-impact review and is otherwise
22 approved, or if the proposed change is not subject to a
23 hearing and determination pursuant to subparagraphs 3. and 5.
24 and is otherwise approved, the local government shall issue an
25 amendment to the development order incorporating the approved
26 change and conditions of approval relating to the change. The
27 decision of the local government to approve, with or without
28 conditions, or to deny the proposed change that the developer
29 asserts does not require further review shall be subject to
30 the appeal provisions of s. 380.07. However, the state land
31 planning agency may not appeal the local government decision
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Amendment No. (for drafter's use only)
1 if it did not comply with subparagraph 4., except for a change
2 to a development order made pursuant to subparagraph (e)2., if
3 the approved change is not consistent with this and other
4 provisions of this section. The state land planning agency may
5 not appeal a change to a development order made pursuant to
6 subparagraph (e)2. for developments of regional impact
7 approved after January 1, 1980, unless the change would result
8 in a significant impact to a regionally significant
9 archaeological, historical, or natural resource not previously
10 identified in the original development-of-regional-impact
11 review.
12 (g) If a proposed change requires further
13 development-of-regional-impact review pursuant to this
14 section, the review shall be conducted subject to the
15 following additional conditions:
16 1. The development-of-regional-impact review conducted
17 by the appropriate regional planning agency shall address only
18 those issues raised by the proposed change except as provided
19 in subparagraph 2.
20 2. The regional planning agency shall consider, and
21 the local government shall determine whether to approve,
22 approve with conditions, or deny the proposed change as it
23 relates to the entire development. If the local government
24 determines that the proposed change, as it relates to the
25 entire development, is unacceptable, the local government
26 shall deny the change.
27 3. If the local government determines that the
28 proposed change, as it relates to the entire development,
29 should be approved, any new conditions in the amendment to the
30 development order issued by the local government shall address
31 only those issues raised by the proposed change.
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Amendment No. (for drafter's use only)
1 4. Development within the previously approved
2 development of regional impact may continue, as approved,
3 during the development-of-regional-impact review in those
4 portions of the development which are not affected by the
5 proposed change.
6 (h) When further development-of-regional-impact review
7 is required because a substantial deviation has been
8 determined or admitted by the developer, the amendment to the
9 development order issued by the local government shall be
10 consistent with the requirements of subsection (15) and shall
11 be subject to the hearing and appeal provisions of s. 380.07.
12 The state land planning agency or the appropriate regional
13 planning agency need not participate at the local hearing in
14 order to appeal a local government development order issued
15 pursuant to this paragraph.
16 (24) STATUTORY EXEMPTIONS.--
17 (i) Any proposed facility for the storage of any
18 petroleum product is exempt from the provisions of this
19 section, if such facility is consistent with a local
20 comprehensive plan that is in compliance with s. 163.3177 or
21 is consistent with a comprehensive port master plan that is in
22 compliance with s. 163.3178.
23 (j) Any development located within a detailed specific
24 area plan adopted pursuant to s. 163.3245 which is consistent
25 with the detailed specific area plan is exempt from the
26 provisions of this section. Should s. 163.3245 be repealed,
27 any approved development within a detailed specific area plan
28 shall maintain this exemption. However, any
29 development-of-regional-impact development order that is
30 vested from the detailed specific area plan may be enforced
31 under s. 380.11.
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534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 (k) Development or expansion of an airport or
2 airport-related or aviation-related development is exempt from
3 the provisions of this section when such development,
4 expansion, project, or facility is consistent with an adopted
5 airport master plan that is in compliance with s.
6 163.3177(6)(j) and (k).
7 Section 15. Paragraphs (d), (e), and (j) of subsection
8 (3) of section 380.0651, Florida Statutes, are amended, and
9 subsections (5) and (6) are added to said section, to read:
10 380.0651 Statewide guidelines and standards.--
11 (3) The following statewide guidelines and standards
12 shall be applied in the manner described in s. 380.06(2) to
13 determine whether the following developments shall be required
14 to undergo development-of-regional-impact review:
15 (d) Office development.--Any proposed office building
16 or park operated under common ownership, development plan, or
17 management that:
18 1. Encompasses 300,000 or more square feet of gross
19 floor area, or more than 500,000 square feet of gross floor
20 area in a county with a population greater than 1 million; or
21 2. Has a total site size of 30 or more acres; or
22 3. Encompasses more than 600,000 square feet of gross
23 floor area in a county with a population greater than 500,000
24 and only in a geographic area specifically designated as
25 highly suitable for increased threshold intensity in the
26 approved local comprehensive plan and in the strategic
27 regional policy plan.
28 (e) Port facilities.--The proposed construction of any
29 waterport or marina is required to undergo
30 development-of-regional-impact review, except one designed
31 for:
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Amendment No. (for drafter's use only)
1 1.a. One designed for the wet storage or mooring of
2 fewer than 150 watercraft used exclusively for sport,
3 pleasure, or commercial fishing, or
4 b. The dry storage of fewer than 200 watercraft used
5 exclusively for sport, pleasure, or commercial fishing, or
6 b.c. One designed for the wet or dry storage or
7 mooring of fewer than 150 watercraft on or adjacent to an
8 inland freshwater lake except Lake Okeechobee or any lake
9 which has been designated an Outstanding Florida Water, or
10 c.d. One designed for the wet or dry storage or
11 mooring of fewer than 50 watercraft of 40 feet in length or
12 less of any type or purpose. The exceptions to this
13 paragraph's requirements for development-of-regional-impact
14 review shall not apply to any waterport or marina facility
15 located within or which serves physical development located
16 within a coastal barrier resource unit on an unbridged barrier
17 island designated pursuant to 16 U.S.C. s. 3501.
18
19 In addition to the foregoing, for projects for which no
20 environmental resource permit or sovereign submerged land
21 lease is required, the Department of Environmental Protection
22 must determine in writing that a proposed marina in excess of
23 10 slips or storage spaces or a combination of the two is
24 located so that it will not adversely impact Outstanding
25 Florida Waters or Class II waters and will not contribute boat
26 traffic in a manner that will have an adverse impact on an
27 area known to be, or likely to be, frequented by manatees. If
28 the Department of Environmental Protection fails to issue its
29 determination within 45 days of receipt of a formal written
30 request, it has waived its authority to make such
31 determination. The Department of Environmental Protection
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534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 determination shall constitute final agency action pursuant to
2 chapter 120.
3 2. A marina or proposed marina expansion which is:
4 a. Located within a county identified in s.
5 370.12(2)(f) which has boat speed zone rules adopted or
6 approved by the Department of Environmental Protection or the
7 Fish and Wildlife Conservation Commission; and
8 b. Consistent with the applicable adopted local
9 government comprehensive plan.
10 3. A marina or proposed marina expansion within a
11 county other than those identified in s. 370.12(2)(f) which
12 is:
13 a. Located within a local government jurisdiction
14 which has adopted boat speed zone ordinances to prevent
15 manatee injuries or death in areas where manatee sightings are
16 frequent and where manatees inhabit such areas on a regular
17 and continuous basis; and
18 b. Consistent with the applicable adopted local
19 government comprehensive plan.
20 4. A marina or proposed marina expansion within a
21 county other than those identified in s. 370.12(2)(f) which
22 is:
23 a. Located within a local government jurisdiction
24 where manatee sightings are not frequent and manatees do not
25 inhabit such jurisdiction on a regular and continuous basis;
26 and
27 b. Consistent with the applicable adopted local
28 government comprehensive plan.
29 2. The dry storage of fewer than 300 watercraft used
30 exclusively for sport, pleasure, or commercial fishing at a
31 marina constructed and in operation prior to July 1, 1985.
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534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 3. Any proposed marina development with both wet and
2 dry mooring or storage used exclusively for sport, pleasure,
3 or commercial fishing, where the sum of percentages of the
4 applicable wet and dry mooring or storage thresholds equals
5 100 percent. This threshold is in addition to, and does not
6 preclude, a development from being required to undergo
7 development-of-regional-impact review under sub-subparagraphs
8 1.a. and b. and subparagraph 2.
9 (j) Residential development.--No rule may be adopted
10 concerning residential developments which treats a residential
11 development in one county as being located in a less populated
12 adjacent county unless more than 25 percent of the development
13 is located within 2 or less miles of the less populated
14 adjacent county. However, residential development shall not be
15 treated as though it is in a less populated county if the
16 affected counties have entered into an interlocal agreement to
17 specify development review standards for affected
18 developments.
19 (5) Nothing contained in this section abridges or
20 modifies any vested or other right or any duty or obligation
21 pursuant to any development order or agreement which is
22 applicable to a development of regional impact on the
23 effective date of this act. An airport, marina, or petroleum
24 storage facility which has received a
25 development-of-regional-impact development order pursuant to
26 s. 380.06, but is no longer required to undergo
27 development-of-regional-impact review by operation of
28 paragraph (3)(e) or s. 380.06(24)(i) or (k), shall be governed
29 by the following procedures:
30 (a) The development shall continue to be governed by
31 the development-of-regional-impact development order, and may
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Amendment No. (for drafter's use only)
1 be completed in reliance upon and pursuant to the development
2 order. The development-of-regional-impact development order
3 may be enforced by the local government as provided by ss.
4 380.06(17) and 380.11.
5 (b) If requested by the developer or landowner, the
6 development-of-regional-impact development order may be
7 amended or rescinded by the local government consistent with
8 the local comprehensive plan and land development regulations,
9 and pursuant to the local government procedures governing
10 local development orders.
11 (6) An airport, marina, or petroleum storage facility
12 with an application for development approval pending on the
13 effective date of this act, or a notification of proposed
14 change pending on the effective date of this act, may elect to
15 continue such review pursuant to s. 380.06. At the conclusion
16 of the pending review, including any appeals pursuant to s.
17 380.07, the resulting development order shall be governed by
18 the provisions of subsection (5).
19 Section 16. Paragraph (g) of subsection (3) of section
20 163.06, Florida Statutes, is amended to read:
21 163.06 Miami River Commission.--
22 (3) The policy committee shall have the following
23 powers and duties:
24 (g) Coordinate a joint planning area agreement between
25 the Department of Community Affairs, the city, and the county
26 under the provisions of s. 163.3177(11)(a), (b), and (e)(c).
27 Section 17. Subsection (4) of section 189.415, Florida
28 Statutes, is amended to read:
29 189.415 Special district public facilities report.--
30 (4) Those special districts building, improving, or
31 expanding public facilities addressed by a development order
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534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 issued to the developer pursuant to s. 380.06 may use the most
2 recent biennial annual report required by s. 380.06(15) and
3 (18) and submitted by the developer, to the extent the annual
4 report provides the information required by subsection (2).
5 Section 18. (1) The Grow Smart Florida Study
6 Commission is created. The commission shall be composed of 25
7 voting members, 10 of whom are to be appointed by the
8 Governor, 7 of whom are to be appointed by the President of
9 the Senate, and 7 of whom are to be appointed by the Speaker
10 of the House of Representatives. In addition, the Secretary of
11 Community Affairs shall serve as a voting member of the
12 commission, and the secretary of the Department of
13 Environmental Protection, the Secretary of Transportation, the
14 Commissioner of Agriculture, and the executive director of the
15 Fish and Wildlife Conservation Commission shall serve as ex
16 officio nonvoting members of the commission. The Governor's
17 appointments must include two appointments from each of the
18 following groups of interests:
19 (a) Business interests, including, but not limited to,
20 development, lending institutions, real estate, marine
21 industries, and affordable housing.
22 (b) Environmental interests, including, but not
23 limited to, environmental justice groups, resource-based
24 conservation and outdoor conservation groups, and
25 environmental quality and conservation groups.
26 (c) Agricultural interests, including, but not limited
27 to, agricultural commodity groups, forestry and general farm
28 membership organizations, and agricultural financial
29 institutions.
30 (d) Local and regional governments, including, but not
31 limited to, municipalities, counties, special districts,
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Amendment No. (for drafter's use only)
1 metropolitan planning organizations, local government
2 association foundations, and regional planning councils.
3 (e) Growth management and citizen groups, including,
4 but not limited to, planners, attorneys, engineers, citizen
5 activist groups, homeowner's groups, and architects.
6
7 The President of the Senate and the Speaker of the House of
8 Representatives shall each select one appointment from each of
9 the five categories listed in paragraphs (a)-(e) and shall
10 also appoint two members from their respective houses of the
11 Legislature to serve on the commission. The appointments must
12 be made by July 1, 2000, and the first meeting of the
13 commission shall be held no later than August 1, 2000. The
14 chair of the commission shall be appointed by the Governor
15 prior to its first meeting. Any vacancy occurring in the
16 membership of the commission shall be filled in the same
17 manner as the original appointment.
18 (2) The members of the commission are entitled to one
19 vote, and action of the commission is not binding unless taken
20 by a three-fifths vote of the members present. However, action
21 of the commission may be taken only at a meeting at which a
22 majority of the commission members are present.
23 (3) The commission shall review the operation and
24 implementation of Florida's growth management statutes,
25 including chapters 163, 186, 187, and 380, Florida Statutes,
26 and shall make recommendations for improving the system for
27 managing growth in the state. As part thereof, it shall
28 identify appropriate goals and desired outcomes for future
29 planning and growth management efforts at the state, regional,
30 and local levels, and in so doing, shall consider related
31 trends and conditions affecting the environment, economy, and
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534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 quality of life in Florida. It may also establish and appoint
2 any necessary technical advisory committees, which may include
3 commission members and nonmembers. The commission shall, to
4 the extent practicable, specifically address and make
5 recommendations for improving the growth management system
6 with respect to the following issues:
7 (a) The respective roles and responsibilities of
8 state, regional, and local governmental entities in the
9 preparation, adoption, and compliance review of local
10 government comprehensive plans and plan amendments, including
11 decentralization and the technical and financial assistance
12 needs of local governments to meet their comprehensive
13 planning responsibilities.
14 (b) The role, responsibilities, and composition of
15 regional planning councils in addressing greater-than-local
16 issues and the relationship of metropolitan planning
17 organizations and their role in addressing local comprehensive
18 plans and regional transportation planning.
19 (c) The role and responsibilities of citizens in the
20 preparation, adoption, compliance review, and judicial or
21 administrative review of local government comprehensive plans
22 and plan amendments, and the process for enforcement of
23 consistency between comprehensive plans and development orders
24 pursuant to s. 163.3215.
25 (d) Whether the development of regional impact program
26 should be replaced, repealed, or incorporated in whole or in
27 part into the local government comprehensive planning process.
28 (e) Improving mechanisms for and implementation of
29 intergovernmental coordination.
30 (f) Whether there is adequate protection for property
31 owners from local and state government land use decisions, and
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534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 what must be done to ensure that property rights are not
2 abridged.
3 (g) The fiscal impact on Monroe County of the
4 designation of the Florida Keys area of critical state
5 concern. This review must include the fiscal impact on local
6 government and businesses in the county and on residents of
7 and visitors to the county and must provide an estimate of the
8 overall cost of such designation, since inception, to persons
9 residing in the county.
10 (4) At least six public hearings must be held by the
11 commission in different regions of the state to solicit input
12 from the public on how they want the state, regional agencies,
13 and their municipalities and counties to manage growth.
14 (5) The commission shall, by February 1, 2001, provide
15 to the President of the Senate, the Speaker of the House of
16 Representatives, and the Governor a written report containing
17 specific recommendations, including legislative
18 recommendations, for addressing growth management in Florida
19 in the 21st century.
20 (6) Commission members and the members of any
21 technical advisory committees that are appointed shall not
22 receive remuneration for their services, but members other
23 than public officers and employees shall be entitled to be
24 reimbursed by the Department of Community Affairs for travel
25 or per diem expenses in accordance with chapter 112, Florida
26 Statutes. Public officers and employees shall be reimbursed by
27 their respective agencies in accordance with chapter 112,
28 Florida Statutes.
29 (7) An executive director shall be selected by the
30 Governor. The executive director shall report to the
31 commission. The Department of Community Affairs shall provide
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534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 other staff and consultants after consultation with the
2 commission. Funding for these expenses shall be provided
3 through the Department of Community Affairs. The commission
4 shall receive supplemental financial and other assistance from
5 other agencies under the Governor's direct supervision and
6 such additional assistance as is appropriate from the
7 Executive Office of the Governor.
8 (8) All agencies under the control of the Governor and
9 Cabinet are directed, and all other agencies are requested, to
10 render assistance to, and cooperate with, the commission.
11 (9) The commission shall continue in existence until
12 its objectives are achieved, but not later than February 1,
13 2001.
14 Section 19. The sum of $275,000 is appropriated from
15 the General Revenue Fund to the Department of Community
16 Affairs Operating Trust Fund to implement the provisions of
17 this act creating the Grow Smart Florida Study Commission.
18 This appropriation is a nonrecurring appropriation.
19 Section 20. If any provision of this act or the
20 application thereof to any person or circumstance is held
21 invalid, the invalidity shall not affect other provisions or
22 applications of the act which can be given effect without the
23 invalid provision or application, and to this end the
24 provisions of this act are declared severable.
25 Section 21. This act shall take effect upon becoming a
26 law.
27
28
29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 Remove from the title of the bill: the entire title
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 and insert in lieu thereof:
2 A bill to be entitled
3 An act relating to growth management; creating
4 s. 125.595, F.S.; providing for the right of
5 citizens to petition elected officials in
6 public or private; amending s. 163.2517, F.S.;
7 revising the financial incentives which a local
8 government may offer in an urban infill and
9 redevelopment area which relate to exemption
10 from local option sales surtaxes and waiver of
11 delinquent taxes or fees; providing that, in
12 order to be eligible for the exemption from
13 collecting local option sales surtaxes, a
14 business must submit an application under oath
15 to the local government, which must be approved
16 and submitted to the Department of Revenue;
17 amending s. 212.08, F.S.; specifying that the
18 authority of a local government to adopt
19 financial and local government incentives under
20 s. 163.2517, F.S., is not superseded by certain
21 provisions relating to sales tax exemptions;
22 amending s. 163.2523, F.S.; authorizing
23 transfer of unused funds between grant
24 categories under the Urban Infill and
25 Redevelopment Assistance Grant Program;
26 amending s. 163.3164, F.S.; clarifying the
27 definition of "development" under the Local
28 Government Comprehensive Planning and Land
29 Development Regulation Act; amending s.
30 163.3177, F.S.; providing that an agricultural
31 land use category may be eligible for the
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 location of public schools in a local
2 government comprehensive plan under certain
3 conditions; requiring preparation of an airport
4 master plan by each publicly owned and operated
5 airport and providing requirements with respect
6 thereto; providing for incorporation into the
7 local comprehensive plan; providing that
8 development or expansion of such airports or
9 related development consistent with such plans
10 is not a development of regional impact;
11 providing additional legislative intent with
12 respect to application of chapter 9J-5, Florida
13 Administrative Code, by the agency; specifying
14 lands that are appropriate for innovative
15 planning and development strategies; requiring
16 a report on a program for implementing such
17 strategies; providing for coordination with the
18 Grow Smart Florida Study Commission; amending
19 s. 163.3178, F.S.; requiring certain local
20 governments to adopt a marina siting plan as
21 part of the shoreline use component of the
22 coastal management element by a specified date;
23 amending s. 163.3184, F.S.; providing
24 additional agencies to which a local government
25 must transmit a proposed comprehensive plan or
26 plan amendment; removing provisions relating to
27 transmittal of copies by the state land
28 planning agency; providing that a local
29 government may request review by the state land
30 planning agency at the time of transmittal of
31 an amendment; revising time periods with
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 respect to submission of comments to the agency
2 by other agencies, notice by the agency of its
3 intent to review, and issuance by the agency of
4 its report; providing for priority review of
5 certain amendments; clarifying language;
6 providing for compilation and transmittal by
7 the local government of a list of persons who
8 will receive an informational statement
9 concerning the agency's notice of intent to
10 find a plan or plan amendment in compliance or
11 not in compliance; providing for rules;
12 revising requirements relating to publication
13 by the agency of its notice of intent; deleting
14 a requirement that the notice be sent to
15 certain persons; amending s. 163.3187, F.S.;
16 revising requirements relating to small scale
17 development amendments which are exempt from
18 the limitation on the frequency of amendments
19 to a local comprehensive plan; revising acreage
20 requirements; providing that certain amendments
21 that involve affordable housing in certain
22 areas of critical state concern are eligible
23 under certain circumstances; revising a
24 condition relating to residential land use;
25 removing a provision that allows a local
26 government to elect to have such amendments
27 subject to review under s. 163.3184(3)-(6),
28 F.S.; amending s. 163.3215, F.S.; revising
29 procedures and requirements for challenge of a
30 development order by an aggrieved or adversely
31 affected party on the basis of inconsistency
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534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 with a local comprehensive plan; providing for
2 petition to the circuit court for certiorari if
3 the local government has established a review
4 process that includes specified components;
5 removing a requirement that a verified
6 complaint be filed with the local government
7 prior to seeking judicial review; amending s.
8 163.3245, F.S., relating to optional sector
9 plans; clarifying and conforming language;
10 creating s. 166.0498, F.S.; providing for the
11 right of citizens to petition elected officials
12 in public or private; amending s. 166.231,
13 F.S.; authorizing application of the municipal
14 public service tax on water service to property
15 in a development of regional impact outside of
16 municipal boundaries under certain conditions;
17 limiting recovery if such tax is challenged;
18 amending s. 380.06, F.S., relating to
19 developments of regional impact; revising the
20 definition of an essentially built-out
21 development of regional impact with respect to
22 multiuse developments; providing for submission
23 of biennial, rather than annual, reports by the
24 developer; authorizing submission of a letter,
25 rather than a report, under certain
26 circumstances; providing for amendment of
27 development orders with respect to report
28 frequency; removing criteria relating to
29 petroleum storage facilities from the list of
30 criteria used to determine existence of a
31 substantial deviation; revising the criteria
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 relating to waterports and multiuse
2 developments of regional impact; providing that
3 an extension of the date of buildout of less
4 than 7 years is not a substantial deviation;
5 revising provisions relating to determination
6 of whether a change constitutes a substantial
7 deviation based on its percentage of the
8 specified numerical criteria; revising notice
9 requirements; providing that changes that are
10 less than specified numerical criteria need not
11 be submitted to the state land planning agency
12 and specifying the agency's right to appeal
13 with respect to such changes; deleting an
14 exemption from review by the regional planning
15 agency and state land planning agency for
16 certain changes; exempting petroleum storage
17 facilities from development-of-regional-impact
18 review under certain circumstances; providing
19 for maintenance of the exemption from
20 development-of-regional-impact review for
21 developments under s. 163.3245, F.S., relating
22 to optional sector plans, if said section is
23 repealed; exempting certain development or
24 expansion of airports and related development
25 from development-of-regional-impact review
26 under certain circumstances; amending s.
27 380.0651, F.S.; revising the statewide
28 guidelines and standards for
29 development-of-regional-impact review for
30 office development, port facilities, and
31 residential development; providing for vested
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HOUSE AMENDMENT
534-228AXA-05 Bill No. CS/SB 758
Amendment No. (for drafter's use only)
1 rights, duties or obligations, and pending
2 applications with respect to developments of
3 regional impact; providing for enforcement;
4 amending ss. 163.06 and 189.415, F.S.;
5 correcting references to conform; creating the
6 Grow Smart Florida Study Commission; providing
7 for appointment and qualifications of members;
8 providing the commission's duties; requiring a
9 report; providing an appropriation; providing
10 for severability; providing an effective date.
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