HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Sorensen offered the following:
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13 Amendment to Amendment (925427) (with title amendment)
14 On page 53, between lines 3 and 4, of the amendment
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17 Section 15. Section 163.3244, Florida Statutes, is
18 amended to read:
19 163.3244 Sustainable communities certification
20 demonstration project.--
21 (1) The Department of Community Affairs shall create
22 is authorized to undertake a sustainable communities
23 certification program for communities that have implemented
24 best planning practices through their local government
25 comprehensive plans and specific planning or design
26 initiatives, thereby reducing the need for state review of
27 amendments to local government comprehensive plans. One of the
28 purposes of the certification program is to address the
29 extrajurisdictional effects of development occurring within
30 the certified area and to assume
31 development-of-regional-impact review authority from the
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HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
1 department. It is the intent of the Legislature that the
2 department and other executive agencies under the Governor
3 give priority to and direct infrastructure spending to areas
4 within the certified communities. demonstration project. Up
5 to five local governments may be designated under this
6 section. At least three of the local governments shall be
7 located totally or in part within the boundaries of the South
8 Florida Water Management District. In selecting the local
9 governments to participate in this demonstration project, the
10 department shall assure participation by local governments of
11 different sizes and characteristics. It is the intent of the
12 Legislature that this demonstration project shall be used to
13 further six broad principles of sustainability: restoring key
14 ecosystems; achieving a more clean, healthy environment;
15 limiting urban sprawl; protecting wildlife and natural areas;
16 advancing the efficient use of land and other resources; and
17 creating quality communities and jobs.
18 (2) A local government may apply to the department in
19 writing requesting consideration for certification as a
20 sustainable community designation under the demonstration
21 program. The local government shall describe its reasons for
22 applying for this certification designation and support its
23 application with documents regarding its compliance with
24 criteria set forth in this section.
25 (3) In determining whether to certify designate all or
26 part of a local government as a sustainable community, the
27 department shall:
28 (a) Assure that the local government has set an urban
29 development boundary or functionally equivalent mechanisms,
30 based on projected needs and adequate data and analysis, that
31 will:
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HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
1 1. Encourage urban infill at appropriate densities and
2 intensities, separate urban and rural uses, and discourage
3 urban sprawl development patterns while preserving public open
4 space and planning for buffer-type land uses and rural
5 development consistent with their respective character along
6 and outside of the urban boundary.
7 2. Assure protection of key natural areas and
8 agricultural lands.
9 3. Ensure the cost-efficient provision of public
10 infrastructure and services.
11 (b) Consider and assess the extent to which the local
12 government has adopted programs in its local comprehensive
13 plan or land development regulations which:
14 1. Promote infill development and redevelopment,
15 including prioritized and timely permitting processes in which
16 applications for local development permits within the urban
17 development boundary are acted upon expeditiously for proposed
18 development which is consistent with the local comprehensive
19 plan.
20 2. Promote the development of housing for low-income
21 and very-low-income households or specialized housing to
22 assist elders and the disabled to remain at home or in
23 independent living arrangements.
24 3. Achieve effective intergovernmental coordination.
25 4. Promote economic diversity and growth while
26 encouraging the retention of rural character, where rural
27 areas exist, and the protection and restoration of the
28 environment.
29 5. Provide and maintain public urban and rural open
30 space and recreational opportunities.
31 6. Manage transportation and land uses to support
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HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
1 public transit and promote opportunities for pedestrian and
2 nonmotorized transportation.
3 7. Use urban design principles to foster individual
4 community identity, create a sense of place, and promote
5 pedestrian-oriented safe neighborhoods and town centers.
6 8. Redevelop blighted areas.
7 9. Improve disaster preparedness programs and the
8 ability to protect lives and property, especially in coastal
9 high-hazard areas.
10 10. Encourage clustered, mixed-use development which
11 incorporates greenspace and residential development within
12 walking distance of commercial development.
13 11. Demonstrate financial and administrative
14 capabilities to implement the designation.
15 12. Demonstrate a record of effectively adopting,
16 implementing, and enforcing its comprehensive plan.
17 (c) Consider and assess the extent to which the local
18 government has the support of its regional planning council
19 governing board in favor of the designation.
20 (4) The department shall certify designate all or part
21 of a local government as a sustainable community by written
22 agreement, which shall be considered final agency action. The
23 agreement shall include the basis for the certification
24 designation, any conditions necessary to comply with the
25 intent of this section, including procedures for mitigation of
26 extrajurisdictional effects impacts of development, a 5-year
27 work plan identifying local government and department tasks
28 that will promote the intent of this section, a commitment to
29 effectively adopt, implement, and enforce the local
30 government's comprehensive plan in jurisdictions where
31 developments of regional impact would be abolished or
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HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
1 modified, and criteria for evaluating the success of the
2 certification designation. Subsequent to executing the
3 agreement, the department may remove the local government's
4 certification designation if it determines that the local
5 government is not meeting the terms of the certification
6 designation agreement. If an affected person, as defined by
7 s. 163.3184(1)(a), determines that a local government is not
8 complying with the terms of the certification designation
9 agreement, he or she may petition for administrative review of
10 local government compliance with the terms of the agreement,
11 using the procedures and timeframes for notice and conditions
12 precedent described in s. 163.3213.
13 (5) Upon certification designation as a sustainable
14 community, the local government shall receive the following
15 benefits:
16 (a) All comprehensive plan amendments affecting areas
17 within the urban growth boundary or functional equivalent
18 shall be adopted and reviewed in the manner described in ss.
19 163.3184(1), (2), (7), (14), (15), and (16) and 163.3187, such
20 that state and regional agency review is eliminated. The
21 department shall not issue an objections, recommendations, and
22 comments report on proposed plan amendments or a notice of
23 intent on adopted plan amendments; however, affected persons,
24 as defined by s. 163.3184(1)(a), may file a petition for
25 administrative review pursuant to the requirements of s.
26 163.3187(3)(a) to challenge the compliance of an adopted plan
27 amendment. Plan amendments that would change the adopted
28 urban development boundary, impact lands outside the urban
29 development boundary, or impact lands within the coastal
30 high-hazard area shall be reviewed pursuant to ss. 163.3184
31 and 163.3187.
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HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
1 (b) The local government shall assume the review
2 authority of the department and regional planning council for
3 developments of regional impact Developments within the urban
4 growth boundary and outside the coastal high-hazard area are
5 exempt from review pursuant to ss. 380.06 and 380.061 to the
6 extent established in the designation agreement.
7 (c) The Executive Office of the Governor shall work
8 with the Department of Community Affairs and other departments
9 to emphasize programs and set priorities for funding within
10 areas in certified designated local governments in the areas
11 of education job creation; crime prevention; environmental
12 protection and restoration programs; solid waste recycling;
13 transportation improvements, including highways, transit, and
14 nonmotorized transportation projects; sewage treatment system
15 improvements; expedited and prioritized funding initiatives;
16 and other programs that will direct development within the
17 urban development boundary of certified assist local
18 governments to create and maintain self-sustaining
19 communities.
20 (6) The Secretary of the Department of Environmental
21 Protection, the Secretary of Community Affairs, the Secretary
22 of Transportation, the Commissioner of Agriculture, the
23 executive director of the Fish and Wildlife Conservation
24 Commission, and the executive directors of the five water
25 management districts and the 11 regional planning councils
26 shall have the authority to enter into agreements with
27 landowners, developers, businesses, industries, individuals,
28 and governmental agencies as may be necessary to effectuate
29 the provisions of this section.
30 (7) Once certified designated as a sustainable
31 community pursuant to this section, the local government shall
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HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
1 provide a progress report to the department and the Advisory
2 Council on Intergovernmental Relations each year on the first
3 anniversary date of its designation and thereafter,
4 biennially, that identifies plan amendments adopted during the
5 year or 2-year period, updates the future land use map, and
6 advises whether the local government continues to comply with
7 the certification designation agreement. Beginning December 1,
8 1997, and each year thereafter, the department shall provide a
9 report to the Speaker of the House of Representatives and the
10 President of the Senate regarding the successes and failures
11 of this demonstration project. The report shall include any
12 recommendations for legislative action to modify or repeal the
13 project.
14 (8) The certification designation of a local
15 government as a sustainable community under this section shall
16 continue be for a period of 5 years, unless otherwise revoked
17 or renewed by the department. The certification designation
18 may be renewed for additional 5-year periods if the department
19 determines that the local government is complying with the
20 terms of its agreement. Those local governments designated as
21 a sustainable community demonstration project shall have their
22 designation renewed for an additional 5-year period, which may
23 be renewed for additional 5-year periods pursuant to this
24 subsection. , showing continuing progress toward sustainable
25 goals, and the demonstration project is still in effect.
26 (9) This section shall stand repealed on June 30,
27 2001, and shall be reviewed by the Legislature prior to that
28 date.
29 (10) If this section is repealed, all designations
30 shall terminate as of the effective date of the repeal.
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HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 112, line 15, after "judicial review;" of the
4 amendment
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6 insert:
7 amending s. 163.3244, F.S.; providing for a
8 sustainable communities certification program
9 in lieu of the sustainable communities
10 demonstration project; revising requirements
11 for certification agreements; providing that a
12 certified local government shall assume review
13 authority for certain developments of regional
14 impact; revising programs to be emphasized in
15 such areas and providing for certain funding
16 priorities; revising report requirements;
17 providing for renewal of local governments
18 designated as a sustainable community
19 demonstration project; eliminating the
20 scheduled June 30, 2001, repeal of said
21 section;
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File original & 9 copies 04/26/01
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