House Bill hb1487

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    Florida House of Representatives - 2001                HB 1487

        By Representative Russell






  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 163.3167, F.S.; requiring that each local

  4         government provide in its growth management

  5         plan for the long-term availability of water

  6         supplies for approved land development;

  7         amending s. 163.3177, F.S.; directing local

  8         government comprehensive plans to coordinate

  9         with regional water supply plans; directing

10         future land use plans to be based on data

11         regarding the availability of sufficient water

12         supplies for present and future growth;

13         amending s. 163.3180, F.S.; adding concurrency

14         requirements for water resource and water

15         supply availability; amending s. 186.009, F.S.;

16         requiring the growth management portion of the

17         state comprehensive plan to provide for

18         long-term availability of water supplies for

19         approved land development; providing an

20         effective date.

21

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

23

24         Section 1.  Subsection (13) is added to section

25  163.3167, Florida Statutes, to read:

26         163.3167  Scope of act.--

27         (13)  Each local government shall provide in its growth

28  management plan for the long-term availability of water

29  supplies for approved land development.

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    Florida House of Representatives - 2001                HB 1487

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  1         Section 2.  Paragraph (a) of subsection (4) and

  2  paragraph (a) of subsection (6) of section 163.3177, Florida

  3  Statutes, are amended to read:

  4         163.3177  Required and optional elements of

  5  comprehensive plan; studies and surveys.--

  6         (4)(a)  Coordination of the local comprehensive plan

  7  with the comprehensive plans of adjacent municipalities, the

  8  county, adjacent counties, or the region; with the appropriate

  9  water management district's regional water supply plans,

10  adopted pursuant to s. 373.0361, or successor plans required

11  by legislative directive; with adopted rules pertaining to

12  designated areas of critical state concern; and with the state

13  comprehensive plan shall be a major objective of the local

14  comprehensive planning process.  To that end, in the

15  preparation of a comprehensive plan or element thereof, and in

16  the comprehensive plan or element as adopted, the governing

17  body shall include a specific policy statement indicating the

18  relationship of the proposed development of the area to the

19  comprehensive plans of adjacent municipalities, the county,

20  adjacent counties, or the region and to the state

21  comprehensive plan, as the case may require and as such

22  adopted plans or plans in preparation may exist.

23         (6)  In addition to the requirements of subsections

24  (1)-(5), the comprehensive plan shall include the following

25  elements:

26         (a)  A future land use plan element designating

27  proposed future general distribution, location, and extent of

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

29  industry, agriculture, recreation, conservation, education,

30  public buildings and grounds, other public facilities, and

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

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    Florida House of Representatives - 2001                HB 1487

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

  2  the control and distribution of population densities and

  3  building and structure intensities.  The proposed

  4  distribution, location, and extent of the various categories

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

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

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

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

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

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

11  including the amount of land required to accommodate

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

13  character of undeveloped land; the availability of ground and

14  surface water resources for present and future water supplies

15  and the potential for development of alternative water

16  supplies; the availability of public services; the need for

17  redevelopment, including the renewal of blighted areas and the

18  elimination of nonconforming uses which are inconsistent with

19  the character of the community; and, in rural communities, the

20  need for job creation, capital investment, and economic

21  development that will strengthen and diversify the community's

22  economy. The future land use plan may designate areas for

23  future planned development use involving combinations of types

24  of uses for which special regulations may be necessary to

25  ensure development in accord with the principles and standards

26  of the comprehensive plan and this act. In addition, for rural

27  communities, the amount of land designated for future planned

28  industrial use shall be based upon surveys and studies that

29  reflect the need for job creation, capital investment, and the

30  necessity to strengthen and diversify the local economies, and

31  shall not be limited solely by the projected population of the

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    Florida House of Representatives - 2001                HB 1487

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  1  rural community. The future land use plan of a county may also

  2  designate areas for possible future municipal incorporation.

  3  The land use maps or map series shall generally identify and

  4  depict historic district boundaries and shall designate

  5  historically significant properties meriting protection.  The

  6  future land use element must clearly identify the land use

  7  categories in which public schools are an allowable use.  When

  8  delineating the land use categories in which public schools

  9  are an allowable use, a local government shall include in the

10  categories sufficient land proximate to residential

11  development to meet the projected needs for schools in

12  coordination with public school boards and may establish

13  differing criteria for schools of different type or size.

14  Each local government shall include lands contiguous to

15  existing school sites, to the maximum extent possible, within

16  the land use categories in which public schools are an

17  allowable use. All comprehensive plans must comply with the

18  school siting requirements of this paragraph no later than

19  October 1, 1999. The failure by a local government to comply

20  with these school siting requirements by October 1, 1999, will

21  result in the prohibition of the local government's ability to

22  amend the local comprehensive plan, except for plan amendments

23  described in s. 163.3187(1)(b), until the school siting

24  requirements are met. An amendment proposed by a local

25  government for purposes of identifying the land use categories

26  in which public schools are an allowable use is exempt from

27  the limitation on the frequency of plan amendments contained

28  in s. 163.3187. The future land use element shall include

29  criteria which encourage the location of schools proximate to

30  urban residential areas to the extent possible and shall

31  require that the local government seek to collocate public

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  1  facilities, such as parks, libraries, and community centers,

  2  with schools to the extent possible.

  3         Section 3.  Subsection (1) is amended and a new

  4  subsection (16) is added to section 163.3180, Florida

  5  Statutes, to read:

  6         163.3180  Concurrency.--

  7         (1)(a)  Sanitary sewer, solid waste, drainage, potable

  8  water, parks and recreation, and transportation facilities,

  9  including mass transit, where applicable, are the only public

10  facilities and services subject to the concurrency requirement

11  on a statewide basis. Although not a public facility or

12  service, water resource availability also is subject to

13  concurrency requirements. Additional public facilities and

14  services may not be made subject to concurrency on a statewide

15  basis without appropriate study and approval by the

16  Legislature; however, any local government may extend the

17  concurrency requirement so that it applies to additional

18  public facilities within its jurisdiction.

19         (b)  Local governments shall use professionally

20  accepted techniques for measuring level of service for

21  automobiles, bicycles, pedestrians, transit, and trucks.

22  These techniques may be used to evaluate increased

23  accessibility by multiple modes and reductions in vehicle

24  miles of travel in an area or zone.  The Department of

25  Transportation shall develop methodologies to assist local

26  governments in implementing this multimodal level-of-service

27  analysis. The Department of Community Affairs and the

28  Department of Transportation shall provide technical

29  assistance to local governments in applying these

30  methodologies.

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  1         (c)  Local governments shall rely on the appropriate

  2  water management district's regional water supply plans

  3  created pursuant to s. 373.0361, or on successor water

  4  resource and water supply data generated pursuant to

  5  legislative directive, as the best available data in

  6  determining whether new development meets the concurrency

  7  requirement for water resource availability.

  8         (16)  Consistent with public health, safety, and

  9  welfare, water resource availability shall be deemed

10  sufficient to meet the concurrency requirement for new

11  development if one of the following conditions is met:

12         (a)  At present there is adequate ground or surface

13  water supply to meet the projected population needs of new

14  development, in addition to the needs of the existing

15  population and natural systems.

16         (b)  At present there is a combination of ground or

17  surface water supply, and actual or proposed alternative water

18  supply, to meet the projected population needs of new

19  development, in addition to the needs of the existing

20  population and natural systems. Facilities necessary to create

21  or treat the alternative water supply must be permitted and

22  under construction within 3 years after the issuance by the

23  local government of a certificate of occupancy or its

24  functional equivalent.

25         (c)  At present there is adequate alternative water

26  supply to meet the projected population needs of new

27  development.

28         Section 4.  Paragraph (d) of subsection (2) of section

29  186.009, Florida Statutes, is amended, and paragraph (p) is

30  added to said subsection, to read:

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    Florida House of Representatives - 2001                HB 1487

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  1         186.009  Growth management portion of the state

  2  comprehensive plan.--

  3         (2)  The growth management portion of the state

  4  comprehensive plan shall:

  5         (d)  Set forth and integrate state policy for the

  6  state's Florida's future growth as it relates to land

  7  development, air quality, transportation, and water resources.

  8         (p)  Provide for long-term availability of water

  9  supplies for approved land development.

10

11  The growth management portion of the state comprehensive plan

12  shall not include a land use map.

13         Section 5.  This act shall take effect upon becoming a

14  law.

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16            *****************************************

17                          HOUSE SUMMARY

18
      Requires local government growth management plans to
19    provide for the long-term availability of water supplies.
      Directs local government comprehensive plans to
20    coordinate with water management district regional water
      supply plans. Requires future land use plans to be based
21    on data regarding the availability of sufficient water
      supplies for present and future growth. Provides
22    concurrency requirements for water resource and water
      supply availability. Requires the growth management
23    portion of the state comprehensive plan to provide for
      long-term availability of water supplies for approved
24    land development.

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