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




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5

  6

  7

  8

  9

10  ______________________________________________________________

11  Senators Lee and Carlton moved the following amendment to

12  amendment (030373):

13

14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  Paragraph (j) of subsection (3) of section

19  163.2517, Florida Statutes, is amended to read:

20         163.2517  Designation of urban infill and redevelopment

21  area.--

22         (3)  A local government seeking to designate a

23  geographic area within its jurisdiction as an urban infill and

24  redevelopment area shall prepare a plan that describes the

25  infill and redevelopment objectives of the local government

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

27  local government may demonstrate that an existing plan or

28  combination of plans associated with a community redevelopment

29  area, Florida Main Street program, Front Porch Florida

30  Community, sustainable community, enterprise zone, or

31  neighborhood improvement district includes the factors listed

                                  1
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  in paragraphs (a)-(n), including a collaborative and holistic

  2  community participation process, or amend such existing plans

  3  to include these factors. The plan shall demonstrate the local

  4  government and community's commitment to comprehensively

  5  address the urban problems within the urban infill and

  6  redevelopment area and identify activities and programs to

  7  accomplish locally identified goals such as code enforcement;

  8  improved educational opportunities; reduction in crime;

  9  neighborhood revitalization and preservation; provision of

10  infrastructure needs, including mass transit and multimodal

11  linkages; and mixed-use planning to promote multifunctional

12  redevelopment to improve both the residential and commercial

13  quality of life in the area. The plan shall also:

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

15  local government incentives which the local government will

16  offer for new development, expansion of existing development,

17  and redevelopment within the urban infill and redevelopment

18  area. Examples of such incentives include:

19         1.  Waiver of license and permit fees.

20         2.  Exemption of sales made in the urban infill and

21  redevelopment area from Waiver of local option sales surtaxes

22  imposed pursuant to s. 212.054 taxes.

23         3.  Waiver of delinquent local taxes or fees to promote

24  the return of property to productive use.

25         4.  Expedited permitting.

26         5.  Lower transportation impact fees for development

27  which encourages more use of public transit, pedestrian, and

28  bicycle modes of transportation.

29         6.  Prioritization of infrastructure spending within

30  the urban infill and redevelopment area.

31         7.  Local government absorption of developers'

                                  2
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  concurrency costs.

  2

  3  In order to be authorized to recognize the exemption from

  4  local option sales surtaxes pursuant to subparagraph 2., the

  5  owner, lessee, or lessor of the new development, expanding

  6  existing development, or redevelopment within the urban infill

  7  and redevelopment area must file an application under oath

  8  with the governing body having jurisdiction over the urban

  9  infill and redevelopment area where the business is located.

10  The application must include the name and address of the

11  business claiming the exclusion from collecting local option

12  surtaxes; an address and assessment roll parcel number of the

13  urban infill and redevelopment area for which the exemption is

14  being sought; a description of the improvements made to

15  accomplish the new development, expanding development, or

16  redevelopment of the real property; a copy of the building

17  permit application or the building permit issued for the

18  development of the real property; a new application for a

19  certificate of registration with the Department of Revenue

20  with the address of the new development, expanding

21  development, or redevelopment; and the location of the

22  property. The local government must review and approve the

23  application and submit the completed application and

24  documentation along with a copy of the ordinance adopted

25  pursuant to subsection (5) to the Department of Revenue in

26  order for the business to become eligible to make sales exempt

27  from local option sales surtaxes in the urban infill and

28  redevelopment area.

29         Section 2.  Subsection (13) of section 212.08, Florida

30  Statutes, is amended to read:

31         212.08  Sales, rental, use, consumption, distribution,

                                  3
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  and storage tax; specified exemptions.--The sale at retail,

  2  the rental, the use, the consumption, the distribution, and

  3  the storage to be used or consumed in this state of the

  4  following are hereby specifically exempt from the tax imposed

  5  by this chapter.

  6         (13)  No transactions shall be exempt from the tax

  7  imposed by this chapter except those expressly exempted

  8  herein. All laws granting tax exemptions, to the extent they

  9  may be inconsistent or in conflict with this chapter,

10  including, but not limited to, the following designated laws,

11  shall yield to and be superseded by the provisions of this

12  subsection:  ss. 125.019, 153.76, 154.2331, 159.15, 159.31,

13  159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 258.14,

14  315.11, 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09,

15  and the following Laws of Florida, acts of the year indicated:

16  s. 31, chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12,

17  chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter

18  31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter

19  59-1653; s. 13, chapter 59-1356; s. 12, chapter 61-2261; s.

20  19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, chapter

21  63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; and

22  s. 10, chapter 67-1681. This subsection does not supersede the

23  authority of a local government to adopt financial and local

24  government incentives pursuant to s. 163.2517.

25         Section 3.  Section 163.2523, Florida Statutes, is

26  amended to read:

27         163.2523  Grant program.--An Urban Infill and

28  Redevelopment Assistance Grant Program is created for local

29  governments. A local government may allocate grant money to

30  special districts, including community redevelopment agencies,

31  and nonprofit community development organizations to implement

                                  4
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  projects consistent with an adopted urban infill and

  2  redevelopment plan or plan employed in lieu thereof. Thirty

  3  percent of the general revenue appropriated for this program

  4  shall be available for planning grants to be used by local

  5  governments for the development of an urban infill and

  6  redevelopment plan, including community participation

  7  processes for the plan. Sixty percent of the general revenue

  8  appropriated for this program shall be available for

  9  fifty/fifty matching grants for implementing urban infill and

10  redevelopment projects that further the objectives set forth

11  in the local government's adopted urban infill and

12  redevelopment plan or plan employed in lieu thereof. The

13  remaining 10 percent of the revenue must be used for outright

14  grants for implementing projects requiring an expenditure of

15  under $50,000. If the volume of fundable applications under

16  any of the allocations specified in this section does not

17  fully obligate the amount of the allocation, the Department of

18  Community Affairs may transfer the unused balance to the

19  category having the highest dollar value of applications

20  eligible but unfunded. However, in no event may the percentage

21  of dollars allocated to outright grants for implementing

22  projects exceed 20 percent in any given fiscal year. Projects

23  that provide employment opportunities to clients of the WAGES

24  program and projects within urban infill and redevelopment

25  areas that include a community redevelopment area, Florida

26  Main Street program, Front Porch Florida Community,

27  sustainable community, enterprise zone, federal enterprise

28  zone, enterprise community, or neighborhood improvement

29  district must be given an elevated priority in the scoring of

30  competing grant applications. The Division of Housing and

31  Community Development of the Department of Community Affairs

                                  5
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  shall administer the grant program. The Department of

  2  Community Affairs shall adopt rules establishing grant review

  3  criteria consistent with this section.

  4         Section 4.  Subsection (6) of section 163.3164, Florida

  5  Statutes, is amended to read:

  6         163.3164  Definitions.--As used in this act:

  7         (6)  "Development" has the meaning given it in s.

  8  380.04. The following operations or uses shall not be taken

  9  for the purpose of this act to involve "development":

10         (a)  Work by a highway or road agency or railroad

11  company for the maintenance or improvement of a road or

12  railroad track, if the work is carried out on land within the

13  boundaries of the right-of-way.

14         (b)  Work by any utility and other persons engaged in

15  the distribution or transmission of gas or water, for the

16  purpose of inspecting, repairing, renewing, or constructing on

17  established rights-of-way any sewers, mains, pipes, cables,

18  utility tunnels, power lines, towers, poles, tracks, or the

19  like.

20         (c)  Work for the maintenance, renewal, improvement, or

21  alteration of any structure, if the work affects only the

22  interior or the color of the structure or the decoration of

23  the exterior of the structure.

24         (d)  The use of any structure or land devoted to

25  dwelling uses for any purpose customarily incidental to

26  enjoyment of the dwelling.

27         (e)  The use of any land for the purpose of growing

28  plants, crops, trees, and other agricultural or forestry

29  products; raising livestock; or for other agricultural

30  purposes.

31         (f)  A change in use of land or structure from a use

                                  6
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  within a class specified in an ordinance or rule to another

  2  use in the same class.

  3         (g)  A change in the ownership or form of ownership of

  4  any parcel or structure.

  5         (h)  The creation or termination of rights of access,

  6  riparian rights, easements, covenants concerning development

  7  of land, or other rights in land.

  8         Section 5.  Paragraph (a) of subsection (6) and

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

10  amended to read:

11         163.3177  Required and optional elements of

12  comprehensive plan; studies and surveys.--

13         (6)  In addition to the requirements of subsections

14  (1)-(5), the comprehensive plan shall include the following

15  elements:

16         (a)  A future land use plan element designating

17  proposed future general distribution, location, and extent of

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

19  industry, agriculture, recreation, conservation, education,

20  public buildings and grounds, other public facilities, and

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

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

23  the control and distribution of population densities and

24  building and structure intensities.  The proposed

25  distribution, location, and extent of the various categories

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

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

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

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

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

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

                                  7
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  including the amount of land required to accommodate

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

  3  character of undeveloped land; the availability of public

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

  5  blighted areas and the elimination of nonconforming uses which

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

  7  rural communities, the need for job creation, capital

  8  investment, and economic development that will strengthen and

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

10  may designate areas for future planned development use

11  involving combinations of types of uses for which special

12  regulations may be necessary to ensure development in accord

13  with the principles and standards of the comprehensive plan

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

15  of land designated for future planned industrial use shall be

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

17  creation, capital investment, and the necessity to strengthen

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

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

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

21  possible future municipal incorporation. The land use maps or

22  map series shall generally identify and depict historic

23  district boundaries and shall designate historically

24  significant properties meriting protection.  The future land

25  use element must clearly identify the land use categories in

26  which public schools are an allowable use.  When delineating

27  the land use categories in which public schools are an

28  allowable use, a local government shall include in the

29  categories sufficient land proximate to residential

30  development to meet the projected needs for schools in

31  coordination with public school boards and may establish

                                  8
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





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

  2  local government shall include lands contiguous to existing

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

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

  5  All comprehensive plans must comply with the school siting

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

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

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

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

10  local comprehensive plan, except for plan amendments described

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

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

13  of identifying the land use categories in which public schools

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

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

16  future land use element shall include criteria which encourage

17  the location of schools proximate to urban residential areas

18  to the extent possible and shall require that the local

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

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

21  possible. For schools serving predominantly rural areas, an

22  agricultural land use category may be eligible for the

23  location of public school facilities, provided the local

24  comprehensive plan contains school siting criteria or the

25  applicable land use category will be amended through a

26  comprehensive plan amendment.

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

28  innovative planning and development strategies which will

29  address the anticipated demands of continued urbanization of

30  Florida's coastal and other environmentally sensitive areas,

31  and which will accommodate the development of less populated

                                  9
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  regions of the state which seek economic development and which

  2  have suitable land and water resources to accommodate growth

  3  in an environmentally acceptable manner.  The Legislature

  4  further recognizes the substantial advantages of innovative

  5  approaches to development which may better serve to protect

  6  environmentally sensitive areas, maintain the economic

  7  viability of agricultural and other predominantly rural land

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

  9  facilities and services.

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

11  government comprehensive plans and plan amendments adopted

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

13  process which allows for land use efficiencies within existing

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

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

16  other provisions of this part and the affected local

17  comprehensive plans, through the application of innovative and

18  flexible planning and development strategies and creative land

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

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

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

22  mixed-use development, and sector planning.

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

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

25  substantively equivalent land use shall also be deemed

26  appropriate for consideration of innovative planning and

27  development strategies described in paragraphs (a) and (b)

28  which the department recognizes as methods for discouraging

29  urban sprawl consistent with the provisions of the state

30  comprehensive plan, regional policy plans, and this part.

31         (d)(c)  It is the further intent of the Legislature

                                  10
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  that local government comprehensive plans and implementing

  2  land development regulations shall provide strategies which

  3  maximize the use of existing facilities and services through

  4  redevelopment, urban infill development, and other strategies

  5  for urban revitalization.

  6         (e)(d)  The implementation of this subsection shall be

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

  8  187, and applicable agency rules.

  9         (f)(e)  The department shall implement the provisions

10  of this subsection by rule.

11         Section 6.  Subsections (3), (4), (6), (7), (8), and

12  (15) and paragraph (d) of subsection (16) of section 163.3184,

13  Florida Statutes, are amended to read:

14         163.3184  Process for adoption of comprehensive plan or

15  plan amendment.--

16         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

17  AMENDMENT.--

18         (a)  Each local governing body shall transmit the

19  complete proposed comprehensive plan or plan amendment to the

20  state land planning agency, the appropriate regional planning

21  council and water management district, the Department of

22  Environmental Protection, the Department of State, and the

23  Department of Transportation, and, in the case of municipal

24  plans, to the appropriate county, and, in the case of county

25  plans, to the Fish and Wildlife Conservation Commission and

26  the Department of Agriculture and Consumer Services,

27  immediately following a public hearing pursuant to subsection

28  (15) as specified in the state land planning agency's

29  procedural rules. The local governing body shall also transmit

30  a copy of the complete proposed comprehensive plan or plan

31  amendment to any other unit of local government or government

                                  11
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  agency in the state that has filed a written request with the

  2  governing body for the plan or plan amendment. The local

  3  government may request a review by the state land planning

  4  agency pursuant to subsection (6) at the time of transmittal

  5  of an amendment.

  6         (b)  A local governing body shall not transmit portions

  7  of a plan or plan amendment unless it has previously provided

  8  to all state agencies designated by the state land planning

  9  agency a complete copy of its adopted comprehensive plan

10  pursuant to subsection (7) and as specified in the agency's

11  procedural rules. In the case of comprehensive plan

12  amendments, the local governing body shall transmit to the

13  state land planning agency, the appropriate regional planning

14  council and water management district, the Department of

15  Environmental Protection, the Department of State, and the

16  Department of Transportation, and, in the case of municipal

17  plans, to the appropriate county, and, in the case of county

18  plans, to the Fish and Wildlife Conservation Commission and

19  the Department of Agriculture and Consumer Services, the

20  materials specified in the state land planning agency's

21  procedural rules and, in cases in which the plan amendment is

22  a result of an evaluation and appraisal report adopted

23  pursuant to s. 163.3191, a copy of the evaluation and

24  appraisal report. Local governing bodies shall consolidate all

25  proposed plan amendments into a single submission for each of

26  the two plan amendment adoption dates during the calendar year

27  pursuant to s. 163.3187.

28         (c)  A local government may adopt a proposed plan

29  amendment previously transmitted pursuant to this subsection,

30  unless review is requested or otherwise initiated pursuant to

31  subsection (6).

                                  12
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1         (d)  In cases in which a local government transmits

  2  multiple individual amendments that can be clearly and legally

  3  separated and distinguished for the purpose of determining

  4  whether to review the proposed amendment, and the state land

  5  planning agency elects to review several or a portion of the

  6  amendments and the local government chooses to immediately

  7  adopt the remaining amendments not reviewed, the amendments

  8  immediately adopted and any reviewed amendments that the local

  9  government subsequently adopts together constitute one

10  amendment cycle in accordance with s. 163.3187(1).

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

12  comprehensive plan amendment is requested or otherwise

13  initiated pursuant to subsection (6), the state land planning

14  agency within 5 working days of determining that such a review

15  will be conducted shall transmit a copy of the proposed plan

16  amendment to various government agencies, as appropriate, for

17  response or comment, including, but not limited to, the

18  Department of Environmental Protection, the Department of

19  Transportation, the water management district, and the

20  regional planning council, and, in the case of municipal

21  plans, to the county land planning agency. The These

22  governmental agencies specified in paragraph (3)(a) shall

23  provide comments to the state land planning agency within 30

24  days after receipt by the state land planning agency of the

25  complete proposed plan amendment. The appropriate regional

26  planning council shall also provide its written comments to

27  the state land planning agency within 30 days after receipt by

28  the state land planning agency of the complete proposed plan

29  amendment and shall specify any objections, recommendations

30  for modifications, and comments of any other regional agencies

31  to which the regional planning council may have referred the

                                  13
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  proposed plan amendment. Written comments submitted by the

  2  public within 30 days after notice of transmittal by the local

  3  government of the proposed plan amendment will be considered

  4  as if submitted by governmental agencies. All written agency

  5  and public comments must be made part of the file maintained

  6  under subsection (2).

  7         (6)  STATE LAND PLANNING AGENCY REVIEW.--

  8         (a)  The state land planning agency shall review a

  9  proposed plan amendment upon request of a regional planning

10  council, affected person, or local government transmitting the

11  plan amendment. The request from the regional planning council

12  or affected person must be if the request is received within

13  30 days after transmittal of the proposed plan amendment

14  pursuant to subsection (3). The agency shall issue a report of

15  its objections, recommendations, and comments regarding the

16  proposed plan amendment. A regional planning council or

17  affected person requesting a review shall do so by submitting

18  a written request to the agency with a notice of the request

19  to the local government and any other person who has requested

20  notice.

21         (b)  The state land planning agency may review any

22  proposed plan amendment regardless of whether a request for

23  review has been made, if the agency gives notice to the local

24  government, and any other person who has requested notice, of

25  its intention to conduct such a review within 35 30 days of

26  receipt by the state land planning agency transmittal of the

27  complete proposed plan amendment pursuant to subsection (3).

28         (c)  The state land planning agency shall establish by

29  rule a schedule for receipt of comments from the various

30  government agencies, as well as written public comments,

31  pursuant to subsection (4). If the state land planning agency

                                  14
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  elects to review the amendment or the agency is required to

  2  review the amendment as specified in paragraph (a), the agency

  3  shall issue a report of its objections, recommendations, and

  4  comments regarding the proposed amendment within 60 days of

  5  receipt of the complete proposed amendment by the state land

  6  planning agency. The state land planning agency shall have 30

  7  days to review comments from the various government agencies

  8  along with a local government's comprehensive plan or plan

  9  amendment. During that period, the state land planning agency

10  shall transmit in writing its comments to the local government

11  along with any objections and any recommendations for

12  modifications. When a federal, state, or regional agency has

13  implemented a permitting program, the state land planning

14  agency shall not require a local government to duplicate or

15  exceed that permitting program in its comprehensive plan or to

16  implement such a permitting program in its land development

17  regulations.  Nothing contained herein shall prohibit the

18  state land planning agency in conducting its review of local

19  plans or plan amendments from making objections,

20  recommendations, and comments or making compliance

21  determinations regarding densities and intensities consistent

22  with the provisions of this part. In preparing its comments,

23  the state land planning agency shall only base its

24  considerations on written, and not oral, comments, from any

25  source.

26         (d)  The state land planning agency review shall

27  identify all written communications with the agency regarding

28  the proposed plan amendment. If the state land planning agency

29  does not issue such a review, it shall identify in writing to

30  the local government all written communications received 30

31  days after transmittal. The written identification must

                                  15
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  include a list of all documents received or generated by the

  2  agency, which list must be of sufficient specificity to enable

  3  the documents to be identified and copies requested, if

  4  desired, and the name of the person to be contacted to request

  5  copies of any identified document. The list of documents must

  6  be made a part of the public records of the state land

  7  planning agency.

  8         (7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF

  9  PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government

10  shall review the written comments submitted to it by the state

11  land planning agency, and any other person, agency, or

12  government.  Any comments, recommendations, or objections and

13  any reply to them shall be public documents, a part of the

14  permanent record in the matter, and admissible in any

15  proceeding in which the comprehensive plan or plan amendment

16  may be at issue.  The local government, upon receipt of

17  written comments from the state land planning agency, shall

18  have 120 days to adopt or adopt with changes the proposed

19  comprehensive plan or s. 163.3191 plan amendments.  In the

20  case of comprehensive plan amendments other than those

21  proposed pursuant to s. 163.3191, the local government shall

22  have 60 days to adopt the amendment, adopt the amendment with

23  changes, or determine that it will not adopt the amendment.

24  The adoption of the proposed plan or plan amendment or the

25  determination not to adopt a plan amendment, other than a plan

26  amendment proposed pursuant to s. 163.3191, shall be made in

27  the course of a public hearing pursuant to subsection (15).

28  The local government shall transmit the complete adopted

29  comprehensive plan or adopted plan amendment to the state land

30  planning agency as specified in the agency's procedural rules

31  within 10 working days after adoption, including the names and

                                  16
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  addresses of persons compiled pursuant to paragraph (15)(c).

  2  The local governing body shall also transmit a copy of the

  3  adopted comprehensive plan or plan amendment to the regional

  4  planning agency and to any other unit of local government or

  5  governmental agency in the state that has filed a written

  6  request with the governing body for a copy of the plan or plan

  7  amendment.

  8         (8)  NOTICE OF INTENT.--

  9         (a)  Except as provided in s. 163.3187(3), the state

10  land planning agency, upon receipt of a local government's

11  complete adopted comprehensive plan or plan amendment, shall

12  have 45 days for review and to determine if the plan or plan

13  amendment is in compliance with this act, unless the amendment

14  is the result of a compliance agreement entered into under

15  subsection (16), in which case the time period for review and

16  determination shall be 30 days.  If review was not conducted

17  under subsection (6), the agency's determination must be based

18  upon the plan amendment as adopted.  If review was conducted

19  under subsection (6), the agency's determination of compliance

20  must be based only upon one or both of the following:

21         1.  The state land planning agency's written comments

22  to the local government pursuant to subsection (6); or

23         2.  Any changes made by the local government to the

24  comprehensive plan or plan amendment as adopted.

25         (b)  During the time period provided for in this

26  subsection, the state land planning agency shall issue,

27  through a senior administrator or the secretary, as specified

28  in the agency's procedural rules, a notice of intent to find

29  that the plan or plan amendment is in compliance or not in

30  compliance. A notice of intent shall be issued by publication

31  in the manner provided by this paragraph and by mailing a copy

                                  17
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  to the local government and to persons who request notice.

  2  The required advertisement shall be no less than 2 columns

  3  wide by 10 inches long, and the headline in the advertisement

  4  shall be in a type no smaller than 12 point. The advertisement

  5  shall not be placed in that portion of the newspaper where

  6  legal notices and classified advertisements appear.  The

  7  advertisement shall be published in a newspaper which meets

  8  the size and circulation requirements set forth in paragraph

  9  (15)(d)(c) and which has been designated in writing by the

10  affected local government at the time of transmittal of the

11  amendment. Publication by the state land planning agency of a

12  notice of intent in the newspaper designated by the local

13  government shall be prima facie evidence of compliance with

14  the publication requirements of this section.

15         (c)  The state land planning agency shall post a copy

16  of the notice of intent on the agency's Internet site. The

17  agency shall, no later than the date the notice of intent is

18  transmitted to the newspaper, mail a courtesy informational

19  statement to the persons whose names and mailing addresses

20  were compiled pursuant to paragraph (15)(c). The informational

21  statement shall include the identity of the newspaper in which

22  the notice of intent will appear, the approximate date of

23  publication of the notice of intent, the ordinance number of

24  the plan or plan amendment, and a statement that the

25  informational statement is provided as a courtesy to the

26  person and that affected persons have 21 days from the actual

27  date of publication of the notice to file a petition. The

28  informational statement shall be sent by regular mail and

29  shall not affect the timeframes in subsections (9) and (10).

30         (15)  PUBLIC HEARINGS.--

31         (a)  The procedure for transmittal of a complete

                                  18
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  proposed comprehensive plan or plan amendment pursuant to

  2  subsection (3) and for adoption of a comprehensive plan or

  3  plan amendment pursuant to subsection (7) shall be by

  4  affirmative vote of not less than a majority of the members of

  5  the governing body present at the hearing.  The adoption of a

  6  comprehensive plan or plan amendment shall be by ordinance.

  7  For the purposes of transmitting or adopting a comprehensive

  8  plan or plan amendment, the notice requirements in chapters

  9  125 and 166 are superseded by this subsection, except as

10  provided in this part.

11         (b)  The local governing body shall hold at least two

12  advertised public hearings on the proposed comprehensive plan

13  or plan amendment as follows:

14         1.  The first public hearing shall be held at the

15  transmittal stage pursuant to subsection (3).  It shall be

16  held on a weekday at least 7 days after the day that the first

17  advertisement is published.

18         2.  The second public hearing shall be held at the

19  adoption stage pursuant to subsection (7).  It shall be held

20  on a weekday at least 5 days after the day that the second

21  advertisement is published.

22         (c)  The local government shall provide a sign-in form

23  at the transmittal hearing and at the adoption hearing for

24  persons to provide their name and mailing address. The sign-in

25  form shall state that any person providing the requested

26  information will receive a courtesy informational statement

27  concerning publication of the state land planning agency's

28  notice of intent. The local government shall add to the

29  sign-in form the name and address of any person who submits

30  written comments concerning the proposed plan or plan

31  amendment during the time period between the commencement of

                                  19
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  the transmittal hearing and the end of the adoption hearing.

  2  It shall be the responsibility of the person completing the

  3  form or providing written comments to accurately, completely,

  4  and legibly provide all information required to receive the

  5  courtesy informational statement. The agency shall adopt rules

  6  to provide a model sign-in form and the format for providing

  7  the list to the agency which may be used by the local

  8  government to satisfy the requirements of this paragraph.

  9         (d)(c)  If the proposed comprehensive plan or plan

10  amendment changes the actual list of permitted, conditional,

11  or prohibited uses within a future land use category or

12  changes the actual future land use map designation of a parcel

13  or parcels of land, the required advertisements shall be in

14  the format prescribed by s. 125.66(4)(b)2. for a county or by

15  s. 166.041(3)(c)2.b. for a municipality.

16         (16)  COMPLIANCE AGREEMENTS.--

17         (d)  A local government may adopt a plan amendment

18  pursuant to a compliance agreement in accordance with the

19  requirements of paragraph (15)(a). The plan amendment shall be

20  exempt from the requirements of subsections (2) through (7).

21  The local government shall hold a single adoption public

22  hearing pursuant to the requirements of subparagraph (15)(b)2.

23  and paragraph (15)(d)(c). Within 10 working days after

24  adoption of a plan amendment, the local government shall

25  transmit the amendment to the state land planning agency as

26  specified in the agency's procedural rules, and shall submit

27  one copy to the regional planning agency and to any other unit

28  of local government or government agency in the state that has

29  filed a written request with the governing body for a copy of

30  the plan amendment, and one copy to any party to the

31  proceeding under ss. 120.569 and 120.57 granted intervenor

                                  20
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  status.

  2         Section 7.  Section 163.3245, Florida Statutes, is

  3  amended to read:

  4         163.3245  Optional sector plans.--

  5         (1)  In recognition of the benefits of conceptual

  6  long-range planning for the buildout of an area, and detailed

  7  planning for specific areas, as a demonstration project, the

  8  requirements of s. 380.06 may be addressed as identified by

  9  this section for up to five local governments or combinations

10  of local governments which adopt into the comprehensive plan

11  an optional sector plan in accordance with this section. This

12  section is intended to further the intent of s. 163.3177(11),

13  which supports innovative and flexible planning and

14  development strategies, and the purposes of this part, and

15  part I of chapter 380, and to avoid duplication of effort in

16  terms of the level of data and analysis required for a

17  development of regional impact, while ensuring the adequate

18  mitigation of impacts to applicable regional resources and

19  facilities, including those within the jurisdiction of other

20  local governments, as would otherwise be provided. Optional

21  sector plans are intended for substantial geographic areas

22  including at least 5,000 acres of one or more local

23  governmental jurisdictions and are to emphasize urban form and

24  protection of regionally significant resources and facilities.

25  The state land planning agency may approve optional sector

26  plans of less than 5,000 acres based on local circumstances if

27  it is determined that the plan would further the purposes of

28  this part and part I of chapter 380. Preparation of an

29  optional sector plan is authorized by agreement between the

30  state land planning agency and the applicable local

31  governments under s. 163.3171(4). An optional sector plan may

                                  21
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  be adopted through one or more comprehensive plan amendments

  2  under s. 163.3184. However, an optional sector plan may not be

  3  authorized in an area of critical state concern.

  4         (2)  The state land planning agency may enter into an

  5  agreement to authorize preparation of an optional sector plan

  6  upon the request of one or more local governments based on

  7  consideration of problems and opportunities presented by

  8  existing development trends; the effectiveness of current

  9  comprehensive plan provisions; the potential to further the

10  state comprehensive plan, applicable strategic regional policy

11  plans, this part, and part I of chapter 380; and those factors

12  identified by s. 163.3177(10)(i). The applicable regional

13  planning council shall conduct a scoping meeting with affected

14  local governments and those agencies identified in s.

15  163.3184(3)(a)(4) before execution of the agreement authorized

16  by this section. The purpose of this meeting is to assist the

17  state land planning agency and the local government in the

18  identification of the relevant planning issues to be addressed

19  and the data and resources available to assist in the

20  preparation of subsequent plan amendments. The regional

21  planning council shall make written recommendations to the

22  state land planning agency and affected local governments,

23  including whether an optional a sustainable sector plan would

24  be appropriate. The agreement must define the geographic area

25  to be subject to the sector plan, the planning issues that

26  will be emphasized, requirements for intergovernmental

27  coordination to address extrajurisdictional impacts,

28  supporting application materials including data and analysis,

29  and procedures for public participation. An agreement may

30  address previously adopted sector plans that are consistent

31  with the standards in this section. Before executing an

                                  22
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  agreement under this subsection, the local government shall

  2  hold a duly noticed public workshop to review and explain to

  3  the public the optional sector planning process and the terms

  4  and conditions of the proposed agreement. The local government

  5  shall hold a duly noticed public hearing on whether to execute

  6  the agreement. All meetings between the department and the

  7  local government must be open to the public.

  8         (3)  Optional sector planning encompasses two levels:

  9  adoption under s. 163.3184 of a conceptual long-term buildout

10  overlay to the comprehensive plan, having no immediate effect

11  on the issuance of development orders or the applicability of

12  s. 380.06, and adoption under s. 163.3184 of detailed specific

13  area plans that implement the conceptual long-term buildout

14  overlay and authorize issuance of development orders, and

15  within which s. 380.06 is waived. Until such time as a

16  detailed specific area plan is adopted, the underlying future

17  land use designations apply.

18         (a)  In addition to the other requirements of this

19  chapter, a conceptual long-term buildout overlay must include:

20         1.  A long-range conceptual framework map that at a

21  minimum identifies anticipated areas of urban, agricultural,

22  rural, and conservation land use.

23         2.  Identification of regionally significant public

24  facilities consistent with chapter 9J-2, Florida

25  Administrative Code, irrespective of local governmental

26  jurisdiction necessary to support buildout of the anticipated

27  future land uses.

28         3.  Identification of regionally significant natural

29  resources consistent with chapter 9J-2, Florida Administrative

30  Code.

31         4.  Principles and guidelines that address the urban

                                  23
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  form and interrelationships of anticipated future land uses

  2  and a discussion, at the applicant's option, of the extent, if

  3  any, to which the plan will address restoring key ecosystems,

  4  achieving a more clean, healthy environment, limiting urban

  5  sprawl, protecting wildlife and natural areas, advancing the

  6  efficient use of land and other resources, and creating

  7  quality communities and jobs.

  8         5.  Identification of general procedures to ensure

  9  intergovernmental coordination to address extrajurisdictional

10  impacts from the long-range conceptual framework map.

11         (b)  In addition to the other requirements of this

12  chapter, including those in paragraph (a), the detailed

13  specific area plans must include:

14         1.  An area of adequate size to accommodate a level of

15  development which achieves a functional relationship between a

16  full range of land uses within the area and to encompass at

17  least 1,000 acres. The state land planning agency may approve

18  detailed specific area plans of less than 1,000 acres based on

19  local circumstances if it is determined that the plan furthers

20  the purposes of this part and part I of chapter 380.

21         2.  Detailed identification and analysis of the

22  distribution, extent, and location of future land uses.

23         3.  Detailed identification of regionally significant

24  public facilities, including public facilities outside the

25  jurisdiction of the host local government, anticipated impacts

26  of future land uses on those facilities, and required

27  improvements to maintain adopted level of service standards

28  consistent with chapter 9J-2, Florida Administrative Code.

29         4.  Public facilities necessary for the short term,

30  including developer contributions in a financially feasible

31  5-year capital improvement schedule of the affected local

                                  24
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  government.

  2         5.  Detailed analysis and identification of specific

  3  measures to assure the protection of regionally significant

  4  natural resources and other important resources both within

  5  and outside the host jurisdiction, including those regionally

  6  significant resources identified in chapter 9J-2, Florida

  7  Administrative Code.

  8         6.  Principles and guidelines that address the urban

  9  form and interrelationships of anticipated future land uses

10  and a discussion, at the applicant's option, of the extent, if

11  any, to which the plan will address restoring key ecosystems,

12  achieving a more clean, healthy environment, limiting urban

13  sprawl, protecting wildlife and natural areas, advancing the

14  efficient use of land and other resources, and creating

15  quality communities and jobs.

16         7.  Identification of specific procedures to ensure

17  intergovernmental coordination to address extrajurisdictional

18  impacts of the detailed specific area plan.

19         (c)  This subsection may not be construed to prevent

20  preparation and approval of the optional sector plan and

21  detailed specific area plan concurrently or in the same

22  submission.

23         (4)  The host local government shall submit a

24  monitoring report to the state land planning agency and

25  applicable regional planning council on an annual basis after

26  adoption of a detailed specific area plan. The annual

27  monitoring report must provide summarized information on

28  development orders issued, development that has occurred,

29  public facility improvements made, and public facility

30  improvements anticipated over the upcoming 5 years.

31         (5)  When a plan amendment adopting a detailed specific

                                  25
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  area plan has become effective under ss. 163.3184 and

  2  163.3189(2), the provisions of s. 380.06 do not apply to

  3  development within the geographic area of the detailed

  4  specific area plan. Should this section be repealed, any

  5  approved development within a detailed specific area plan

  6  shall maintain its exemption from s. 380.06. However, any

  7  development-of-regional-impact development order that is

  8  vested from the detailed specific area plan may be enforced

  9  under s. 380.11.

10         (a)  The local government adopting the detailed

11  specific area plan is primarily responsible for monitoring and

12  enforcing the detailed specific area plan. Local governments

13  shall not issue any permits or approvals or provide any

14  extensions of services to development that are not consistent

15  with the detailed specific sector area plan.

16         (b)  If the state land planning agency has reason to

17  believe that a violation of any detailed specific area plan,

18  or of any agreement entered into under this section, has

19  occurred or is about to occur, it may institute an

20  administrative or judicial proceeding to prevent, abate, or

21  control the conditions or activity creating the violation,

22  using the procedures in s. 380.11.

23         (c)  In instituting an administrative or judicial

24  proceeding involving an optional sector plan or detailed

25  specific area plan, including a proceeding pursuant to

26  paragraph (b), the complaining party shall comply with the

27  requirements of s. 163.3215(4), (5), (6), and (7).

28         (6)  Beginning December 1, 1999, and each year

29  thereafter, the department shall provide a status report to

30  the Legislative Committee on Intergovernmental Relations

31  regarding each optional sector plan authorized under this

                                  26
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  section.

  2         (7)  This section may not be construed to abrogate the

  3  rights of any person under this chapter.

  4         Section 8.  Paragraph (c) of subsection (15) and

  5  subsections (18) and (19) of section 380.06, Florida Statutes,

  6  are amended, and paragraphs (i) and (j) are added to

  7  subsection (24) of said section, to read:

  8         380.06  Developments of regional impact.--

  9         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

10         (c)  The development order shall include findings of

11  fact and conclusions of law consistent with subsections (13)

12  and (14). The development order:

13         1.  Shall specify the monitoring procedures and the

14  local official responsible for assuring compliance by the

15  developer with the development order.

16         2.  Shall establish compliance dates for the

17  development order, including a deadline for commencing

18  physical development and for compliance with conditions of

19  approval or phasing requirements, and shall include a

20  termination date that reasonably reflects the time required to

21  complete the development.

22         3.  Shall establish a date until which the local

23  government agrees that the approved development of regional

24  impact shall not be subject to downzoning, unit density

25  reduction, or intensity reduction, unless the local government

26  can demonstrate that substantial changes in the conditions

27  underlying the approval of the development order have occurred

28  or the development order was based on substantially inaccurate

29  information provided by the developer or that the change is

30  clearly established by local government to be essential to the

31  public health, safety, or welfare.

                                  27
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1         4.  Shall specify the requirements for the biennial

  2  annual report designated under subsection (18), including the

  3  date of submission, parties to whom the report is submitted,

  4  and contents of the report, based upon the rules adopted by

  5  the state land planning agency.  Such rules shall specify the

  6  scope of any additional local requirements that may be

  7  necessary for the report.

  8         5.  May specify the types of changes to the development

  9  which shall require submission for a substantial deviation

10  determination under subsection (19).

11         6.  Shall include a legal description of the property.

12         (18)  BIENNIAL ANNUAL REPORTS.--The developer shall

13  submit a biennial an annual report on the development of

14  regional impact to the local government, the regional planning

15  agency, the state land planning agency, and all affected

16  permit agencies in alternate years on the date specified in

17  the development order, unless the development order by its

18  terms requires more frequent monitoring.  If the annual report

19  is not received, the regional planning agency or the state

20  land planning agency shall notify the local government.  If

21  the local government does not receive the annual report or

22  receives notification that the regional planning agency or the

23  state land planning agency has not received the report, the

24  local government shall request in writing that the developer

25  submit the report within 30 days.  The failure to submit the

26  report after 30 days shall result in the temporary suspension

27  of the development order by the local government. If no

28  additional development pursuant to the development order has

29  occurred since the submission of the previous report, then a

30  letter from the developer stating that no development has

31  occurred will satisfy the requirement for a report.

                                  28
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  Development orders which require annual reports may be amended

  2  to require biennial reports at the option of the local

  3  government.

  4         (19)  SUBSTANTIAL DEVIATIONS.--

  5         (a)  Any proposed change to a previously approved

  6  development which creates a reasonable likelihood of

  7  additional regional impact, or any type of regional impact

  8  created by the change not previously reviewed by the regional

  9  planning agency, shall constitute a substantial deviation and

10  shall cause the development to be subject to further

11  development-of-regional-impact review. There are a variety of

12  reasons why a developer may wish to propose changes to an

13  approved development of regional impact, including changed

14  market conditions.  The procedures set forth in this

15  subsection are for that purpose.

16         (b)  Any proposed change to a previously approved

17  development of regional impact or development order condition

18  which, either individually or cumulatively with other changes,

19  exceeds any of the following criteria shall constitute a

20  substantial deviation and shall cause the development to be

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

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

23  government:

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

25  attraction or recreational facility by 5 percent or 300

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

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

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

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

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

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

                                  29
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





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

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

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

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

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

  6  percent or 60 beds, whichever is greater.

  7         4.  An increase in industrial development area by 5

  8  percent or 32 acres, whichever is greater.

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

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

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

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

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

14  is less.

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

16  5 percent or 6 acres, whichever is greater, or an increase of

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

18  gross square feet, whichever is greater.

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

20  petroleum storage facilities, which petroleum facilities are

21  not subject to a comprehensive port master plan that is in

22  compliance with s. 163.3178, by 5 percent, 20,000 barrels, or

23  7 million pounds, whichever is greater.

24         (24)  STATUTORY EXEMPTIONS.--

25         (i)  Any proposed facility for the storage of any

26  petroleum product is exempt from the provisions of this

27  section, if such facility is consistent with a comprehensive

28  port master plan that is in compliance with s. 163.3178.

29         (j)  Any development located within a detailed specific

30  area plan adopted pursuant to s. 163.3245 which is consistent

31  with the detailed specific area plan is exempt from the

                                  30
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  provisions of this section. Should s. 163.3245 be repealed,

  2  any approved development within a detailed specific area plan

  3  shall maintain this exemption. However, any

  4  development-of-regional-impact development order that is

  5  vested from the detailed specific area plan may be enforced

  6  under s. 380.11.

  7         Section 9.  Subsections (5) and (6) are added to

  8  section 380.0651, Florida Statutes, to read:

  9         380.0651  Statewide guidelines and standards.--

10         (5)  Nothing contained in this section abridges or

11  modifies any vested or other right or any duty or obligation

12  pursuant to any development order or agreement which is

13  applicable to a development of regional impact on the

14  effective date of this act. A petroleum storage facility which

15  has received a development-of-regional-impact development

16  order pursuant to s. 380.06, but is no longer required to

17  undergo development-of-regional-impact review by operation of

18  s. 380.06(24)(i) or, shall be governed by the following

19  procedures:

20         (a)  The development shall continue to be governed by

21  the development-of-regional-impact development order, and may

22  be completed in reliance upon and pursuant to the development

23  order. The development-of-regional-impact development order

24  may be enforced by the local government as provided by ss.

25  380.06(17) and 380.11.

26         (b)  If requested by the developer or landowner, the

27  development-of-regional-impact development order may be

28  amended or rescinded by the local government consistent with

29  the local comprehensive plan and land development regulations,

30  and pursuant to the local government procedures governing

31  local development orders.

                                  31
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1         (6)  A petroleum storage facility located within a port

  2  with an approved port master plan with an application for

  3  development approval pending on the effective date of this

  4  act, or a notification of proposed change pending on the

  5  effective date of this act, may elect to continue such review

  6  pursuant to s. 380.06. At the conclusion of the pending

  7  review, including any appeals pursuant to s. 380.07, the

  8  resulting development order shall be governed by the

  9  provisions of subsection (5).

10         Section 10.  Paragraph (g) of subsection (3) of section

11  163.06, Florida Statutes, is amended to read:

12         163.06  Miami River Commission.--

13         (3)  The policy committee shall have the following

14  powers and duties:

15         (g)  Coordinate a joint planning area agreement between

16  the Department of Community Affairs, the city, and the county

17  under the provisions of s. 163.3177(11)(a), (b), and (d)(c).

18         Section 11.  Subsection (4) of section 189.415, Florida

19  Statutes, is amended to read:

20         189.415  Special district public facilities report.--

21         (4)  Those special districts building, improving, or

22  expanding public facilities addressed by a development order

23  issued to the developer pursuant to s. 380.06 may use the most

24  recent biennial annual report required by s. 380.06(15) and

25  (18) and submitted by the developer, to the extent the annual

26  report provides the information required by subsection (2).

27         Section 12.  The Grow Smart Florida Study Commission is

28  created. The commission shall be composed of 25 voting

29  members, 10 of whom are to be appointed by the Governor, 7 of

30  whom are to be appointed by the President of the Senate, and 7

31  of whom are to be appointed by the Speaker of the House of

                                  32
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  Representatives. In addition, the Secretary of Community

  2  Affairs shall serve as a voting member of the commission, and

  3  the secretary of the Department of Environmental Protection,

  4  the Secretary of Transportation, the Commissioner of

  5  Agriculture, and the executive director of the Fish and

  6  Wildlife Conservation Commission shall serve as ex officio

  7  nonvoting members of the commission.

  8         (1)  The Governor's appointments must include two

  9  appointments from each of the following groups of interests:

10         (a)  Business interests, including, but not limited to,

11  development, lending institutions, real estate, marine

12  industries, and housing.

13         (b)  Environmental interests, including, but not

14  limited to, environmental justice groups, resource-based

15  conservation and outdoor conservation groups, and

16  environmental quality and conservation groups.

17         (c)  Agricultural interests, including, but not limited

18  to, agricultural commodity groups, forestry and general farm

19  membership organizations, and agricultural financial

20  institutions.

21         (d)  Local and regional governments, including, but not

22  limited to, municipalities, counties, special districts,

23  metropolitan planning organizations, local government

24  association foundations, and regional planning councils.

25         (e)  Community participants, including, but not limited

26  to citizen groups, not-for-profit community associations, and

27  citizen planners.

28         (2)  The President of the Senate and the Speaker of the

29  House of Representatives shall each select one appointment

30  from each of the five categories listed in paragraphs

31  (1)(a)-(e) and shall also appoint two members from their

                                  33
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  respective houses of the Legislature to serve on the

  2  commission. The appointments must be made by July 1, 2000, and

  3  the first meeting of the commission shall be held no later

  4  than August 1, 2000. The chair of the commission shall be

  5  elected by a majority of the membership of the commission at

  6  the first meeting. Any vacancy occurring in the membership of

  7  the commission shall be filled in the same manner as the

  8  original appointment.

  9         (3)  Individuals who have been registered lobbyists of

10  either the Florida Legislature or the Executive Branch of the

11  State of Florida during the calendar year 2000, are not

12  eligible to serve as members of the commission.

13         (4)  The members of the commission are entitled to one

14  vote, and action of the commission is not binding unless taken

15  by a three-fifths vote of the members present. However, action

16  of the commission may be taken only at a meeting at which a

17  majority of the commission members are present.

18         (5)  The commission shall review the operation and

19  implementation of Florida's growth management statutes,

20  including chapters 163, 186, 187, and 380, Florida Statutes,

21  and shall make recommendations for improving the system for

22  managing growth in the state. As part thereof, it shall

23  identify appropriate goals and desired outcomes for future

24  planning and growth management efforts at the state, regional,

25  and local levels, and in so doing, shall consider related

26  trends and conditions affecting the environment, economy, and

27  quality of life in Florida. It may also establish and appoint

28  any necessary technical advisory committees, which may include

29  commission members and nonmembers. The commission shall, to

30  the extent practicable, specifically address and make

31  recommendations for improving the growth management system

                                  34
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  with respect to the following issues, including but not

  2  limited, to:

  3         (a)  The respective roles and responsibilities of

  4  state, regional, and local governmental entities in the

  5  preparation, adoption, and compliance review of local

  6  government comprehensive plans and plan amendments, including

  7  decentralization and the technical and financial assistance

  8  needs of local governments to meet their comprehensive

  9  planning responsibilities.

10         (b)  The role, responsibilities, and composition of

11  regional planning councils in addressing greater-than-local

12  issues and the relationship of metropolitan planning

13  organizations and their role in addressing local comprehensive

14  plans and regional transportation planning.

15         (c)  The role and responsibilities of citizens in the

16  preparation, adoption, compliance review, and judicial or

17  administrative review of local government comprehensive plans

18  and plan amendments, and the process for enforcement of

19  consistency between comprehensive plans and development orders

20  pursuant to s. 163.3215.

21         (d)  The relationship between the development of

22  regional impact program and the local government comprehensive

23  planning process.

24         (e)  Improving mechanisms for and implementation of

25  intergovernmental coordination.

26         (f)  Whether there is adequate protection for property

27  owners from local and state government land use decisions, and

28  what must be done to ensure that property rights are not

29  abridged.

30         (g)  Improving mechanisms for infrastructure funding as

31  it relates to concurrency.

                                  35
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1         (h)  Developing a rural lands policy.

  2         (6)  A rural lands technical advisory committee shall

  3  be appointed by the chairman of the commission to develop a

  4  program of planning incentives, economic incentives, and other

  5  measures as may be necessary to facilitate the timely

  6  implementation of innovative planning and development

  7  strategies, including, but not limited to those described in

  8  paragraphs (a), (b) and (c) of s. 163.3177(11) while

  9  protecting environmentally sensitive areas, maintaining the

10  economic viability of agriculture and other predominantly

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

12  of public facilities and services. In addition, lands

13  classified in the future land use plan element as

14  agricultural, rural, open, open/rural, or a substantively

15  equivalent land use, shall be deemed appropriate for

16  consideration of innovative planning and development

17  strategies described in s. 163.3177(11)(a) and (b), which the

18  department recognizes as methods for discouraging urban sprawl

19  consistent with the provisions of the state comprehensive

20  plan, regional policy plans, and Part II of chapter 163. The

21  Rural Lands Technical Advisory Committee shall address the

22  following:

23         (a)  "Smart growth" strategies within rural areas which

24  proactively address both the pressures of population growth

25  and the substantial need for rural economic development.

26         (b)  The importance of maintaining rural land values as

27  the cornerstone of maintaining a viable rural economy.

28         (c)  Appropriate planning guidelines to implement

29  innovative planning and development strategies set forth in

30  paragraphs (a), (b), and (c) of s. 163.3177(11).

31         (d)  A rural lands stewardship program under which the

                                  36
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  owners of rural property are encouraged to convey development

  2  rights in exchange for smart growth development credits which

  3  are transferable within rural areas in which innovative

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

  5  land use which protects environmentally sensitive areas,

  6  maintains the economic viability of agriculture and other

  7  predominantly rural land uses, and provides for the

  8  cost-efficient delivery of public facilities and services.

  9         (e)  Strategies and incentives to reward best

10  management practices for agricultural activities consistent

11  with the conservation and protection of environmentally

12  sensitive areas and sound water management practices.

13         (f)  The coordination of state transportation

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

15  facilities, to provide for the transportation of agricultural

16  products and supplies.

17

18  The Rural Lands Technical Advisory Committee shall

19  periodically report to the commission on its progress and

20  shall issue final recommendations to the commission no later

21  than December 15, 2000.

22         (7)  At least six public hearings must be held by the

23  commission in different regions of the state to solicit input

24  from the public on how they want the state, regional agencies,

25  and their municipalities and counties to manage growth.

26         (8)  The commission shall, by February 1, 2001, provide

27  to the President of the Senate, the Speaker of the House of

28  Representatives, and the Governor a written report containing

29  specific recommendations, including legislative

30  recommendations, for addressing growth management in Florida

31  in the 21st century.

                                  37
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1         (9)  Commission members and the members of any

  2  technical advisory committees that are appointed shall not

  3  receive remuneration for their services, but members other

  4  than public officers and employees shall be entitled to be

  5  reimbursed by the Department of Community Affairs for travel

  6  or per diem expenses in accordance with chapter 112, Florida

  7  Statutes. Public officers and employees shall be reimbursed by

  8  their respective agencies in accordance with chapter 112,

  9  Florida Statutes.

10         (10)  An executive director shall be selected by the

11  Governor. The executive director shall report to the

12  commission. The Department of Community Affairs shall provide

13  other staff and consultants after consultation with the

14  commission. Funding for these expenses shall be provided

15  through the Department of Community Affairs. The commission

16  shall receive supplemental financial and other assistance from

17  other agencies under the Governor's direct supervision and

18  such additional assistance as is appropriate from the

19  Executive Office of the Governor.

20         (11)  All agencies under the control of the Governor

21  and Cabinet are directed, and all other agencies are

22  requested, to render assistance to, and cooperate with, the

23  commission.

24         (12)  The commission shall continue in existence until

25  its objectives are achieved, but not later than February 1,

26  2001.

27         Section 13.  The sum of $275,000 is appropriated from

28  the General Revenue Fund to the Department of Community

29  Affairs Operating Trust Fund to implement the provisions of

30  this act creating the Grow Smart Florida Study Commission.

31  This appropriation is a nonrecurring appropriation.

                                  38
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1         Section 14.  If any provision of this act or the

  2  application thereof to any person or circumstance is held

  3  invalid, the invalidity shall not affect other provisions or

  4  applications of the act which can be given effect without the

  5  invalid provision or application, and to this end the

  6  provisions of this act are declared severable.

  7         Section 15.  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 and:

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

22  small scale development amendments adopted by the local

23  government shall not exceed:

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

25  contains areas specifically designated in the local

26  comprehensive plan for urban infill, urban redevelopment, or

27  downtown revitalization as defined in s. 163.3164, urban

28  infill and redevelopment areas designated under s. 163.2517,

29  transportation concurrency exception areas approved pursuant

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

31  central business districts approved pursuant to s.

                                  39
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  380.06(2)(e); however, amendments under this paragraph may be

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

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

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

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

  6  sub-sub-subparagraph (I).

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

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

  9         b.  The proposed amendment does not involve the same

10  property granted a change within the prior 12 months.

11         c.  The proposed amendment does not involve the same

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

13  within the prior 12 months.

14         d.  The proposed amendment does not involve a text

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

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

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

18  scale development activity.

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

20  amendment is not located within an area of critical state

21  concern, unless the project subject to the proposed amendment

22  involves the construction of affordable housing units meeting

23  the criteria of s. 420.0004(3), and is located within an area

24  of critical state concern designated by s. 380.0552 or by the

25  Administration Commission pursuant to s. 380.05(1).  Such

26  amendment is not subject to the density limitations of s.

27  163.3187(1)(c)1.f., and shall be reviewed by the state land

28  planning agency for consistency with the principles for

29  guiding development applicable to the area of critical state

30  concern where the amendment is located and shall not become

31  effective until a final order is issued under s. 380.05(6).

                                  40
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1         f.  If the proposed amendment involves a residential

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

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

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

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

  6  urban infill, urban redevelopment, or downtown revitalization

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

  8  areas designated under s. 163.2517, transportation concurrency

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

10  regional activity centers and urban central business districts

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

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

13  plan amendment pursuant to this paragraph is not required to

14  comply with the procedures and public notice requirements of

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

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

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

18  request for a plan amendment under this paragraph is initiated

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

20         b.  The local government shall send copies of the

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

22  regional planning council, and any other person or entity

23  requesting a copy.  This information shall also include a

24  statement identifying any property subject to the amendment

25  that is located within a coastal high hazard area as

26  identified in the local comprehensive plan.

27         3.  Small scale development amendments adopted pursuant

28  to this paragraph require only one public hearing before the

29  governing board, which shall be an adoption hearing as

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

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

                                  41
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1  elects to have them subject to those requirements.

  2         Section 16.  This act shall take effect upon becoming a

  3  law.

  4

  5

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

  7  And the title is amended as follows:

  8         Delete everything before the enacting clause

  9

10  and insert:

11                      A bill to be entitled

12         An act relating to growth management; amending

13         s. 163.2517, F.S.; revising the financial

14         incentives which a local government may offer

15         in an urban infill and redevelopment area which

16         relate to exemption from local option sales

17         surtaxes and waiver of delinquent taxes or

18         fees; providing that, in order to be eligible

19         for the exemption from collecting local option

20         sales surtaxes, a business must submit an

21         application under oath to the local government,

22         which must be approved and submitted to the

23         Department of Revenue; amending s. 212.08,

24         F.S.; specifying that the authority of a local

25         government to adopt financial and local

26         government incentives under s. 163.2517, F.S.,

27         is not superseded by certain provisions

28         relating to sales tax exemptions; amending s.

29         163.2523, F.S.; authorizing transfer of unused

30         funds between grant categories under the Urban

31         Infill and Redevelopment Assistance Grant

                                  42
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1         Program; amending s. 163.3164, F.S.; clarifying

  2         the definition of "development" under the Local

  3         Government Comprehensive Planning and Land

  4         Development Regulation Act; amending s.

  5         163.3177, F.S.; providing that an agricultural

  6         land use category may be eligible for the

  7         location of public schools in a local

  8         government comprehensive plan under certain

  9         conditions; specifying lands that are

10         appropriate to be considered for innovative

11         planning and development strategies; amending

12         s. 163.3184, F.S.; providing additional

13         agencies to which a local government must

14         transmit a proposed comprehensive plan or plan

15         amendment; removing provisions relating to

16         transmittal of copies by the state land

17         planning agency; providing that a local

18         government may request review by the state land

19         planning agency at the time of transmittal of

20         an amendment; revising time periods with

21         respect to submission of comments to the agency

22         by other agencies, notice by the agency of its

23         intent to review, and issuance by the agency of

24         its report; clarifying language; providing for

25         compilation and transmittal by the local

26         government of a list of persons who will

27         receive an informational statement concerning

28         the agency's notice of intent to find a plan or

29         plan amendment in compliance or not in

30         compliance; providing for rules; revising

31         requirements relating to publication by the

                                  43
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1         agency of its notice of intent; deleting a

  2         requirement that the notice be sent to certain

  3         persons; amending s. 163.3245, F.S., relating

  4         to optional sector plans; clarifying and

  5         conforming language; amending s. 380.06, F.S.,

  6         relating to developments of regional impact;

  7         providing for submission of biennial, rather

  8         than annual, reports by the developer;

  9         authorizing submission of a letter, rather than

10         a report, under certain circumstances;

11         providing for amendment of development orders

12         with respect to report frequency; exempting

13         petroleum storage facilities from

14         development-of-regional-impact review under

15         certain circumstances; providing for

16         maintenance of the exemption from

17         development-of-regional-impact review for

18         developments under s. 163.3245, F.S., relating

19         to optional sector plans, if said section is

20         repealed; amending s. 380.0651, F.S.; providing

21         for vested rights, duties or obligations, and

22         pending applications with respect to

23         developments of regional impact; providing for

24         enforcement; amending ss. 163.06 and 189.415,

25         F.S.; correcting references to conform;

26         creating the Grow Smart Florida Study

27         Commission; providing for appointment and

28         qualifications of members; providing for the

29         creation of a Rural Lands Technical Advisory

30         Committee; providing the commission's duties;

31         requiring a report; providing an appropriation;

                                  44
    6:04 PM   05/03/00                              s0758c1c-23e8n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 758

    Amendment No. ___





  1         providing for severability; amending s.

  2         163.3187, F.S.; providing that certain plan

  3         amendments that involve construction of

  4         affordable housing in certain areas of critical

  5         state concern are eligible as small scale

  6         development amendments that are exempt from the

  7         limits on the frequency of amendments to a

  8         local comprehensive plan; providing an

  9         effective date.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  45
    6:04 PM   05/03/00                              s0758c1c-23e8n