House Bill hb1693

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    Florida House of Representatives - 2001                HB 1693

        By Representative Alexander






  1                      A bill to be entitled

  2         An act relating to natural resource management;

  3         creating s. 163.2501, F.S.; establishing policy

  4         related to decisions affecting land and water

  5         management; amending s. 163.3161, F.S.;

  6         establishing intent with respect to the

  7         implementation of growth management laws;

  8         amending s. 163.3177, F.S.; mandating the

  9         inclusion of an economic element in

10         comprehensive plans; amending s. 288.063, F.S.;

11         correcting a cross reference, to conform;

12         amending s. 163.3184, F.S.; establishing

13         additional standards for approval of

14         comprehensive plans and amendments; amending s.

15         163.3201, F.S.; establishing intent that

16         economic and environmental considerations be

17         balanced when implementing comprehensive plans;

18         amending s. 380.021, F.S.; establishing intent

19         that decisions relating to land and water

20         management take into account both economic and

21         environmental considerations; amending s.

22         380.06, F.S.; requiring that certain rules

23         provide for balancing economic and

24         environmental considerations; providing an

25         effective date.

26

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

28

29         Section 1.  Section 163.2501, Florida Statutes, is

30  created to read:

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  1         163.2501  Public policy of the state.--It is the public

  2  policy of this state that all governmental decisions with

  3  respect to land and water management, including growth

  4  management and use of natural resources, take into account an

  5  appropriate balancing of economic and environmental

  6  considerations.

  7         Section 2.  Section 163.3161, Florida Statutes, is

  8  amended to read:

  9         163.3161  Short title; intent and purpose.--

10         (1)  This part shall be known and may be cited as the

11  "Local Government Comprehensive Planning and Land Development

12  Regulation Act."

13         (2)  In conformity with, and in furtherance of, the

14  purpose of the Florida Environmental Land and Water Management

15  Act of 1972, chapter 380, it is the purpose of this act to

16  utilize and strengthen the existing role, processes, and

17  powers of local governments in the establishment and

18  implementation of comprehensive planning programs to guide and

19  control future development.

20         (3)  It is the intent of this act that its adoption is

21  necessary so that local governments can preserve and enhance

22  present advantages; encourage the most appropriate use of

23  land, water, and resources, consistent with the public

24  interest; overcome present handicaps; and deal effectively

25  with future problems that may result from the use and

26  development of land within their jurisdictions.  Through the

27  process of comprehensive planning, it is intended that units

28  of local government can preserve, promote, protect, and

29  improve the public health, safety, comfort, good order,

30  appearance, convenience, law enforcement and fire prevention,

31  and general welfare; prevent the overcrowding of land and

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  1  avoid undue concentration of population; facilitate the

  2  adequate and efficient provision of transportation, water,

  3  sewerage, schools, parks, recreational facilities, housing,

  4  and other requirements and services; and conserve, develop,

  5  utilize, and protect natural resources within their

  6  jurisdictions. It is the intent of this act that its

  7  implementation should demonstrate an appropriate balance

  8  between the economic needs of the citizens of this state and

  9  the preservation and protection of the environment.

10         (4)  It is the intent of this act to encourage and

11  assure cooperation between and among municipalities and

12  counties and to encourage and assure coordination of planning

13  and development activities of units of local government with

14  the planning activities of regional agencies and state

15  government in accord with applicable provisions of law.

16         (5)  It is the intent of this act that adopted

17  comprehensive plans shall have the legal status set out in

18  this act and that no public or private development shall be

19  permitted and encouraged when except in conformity with

20  comprehensive plans, or elements or portions thereof, prepared

21  and adopted in conformity with this act.

22         (6)  It is the intent of this act that the activities

23  of units of local government in the preparation and adoption

24  of comprehensive plans, or elements or portions therefor,

25  shall be conducted in conformity with the provisions of this

26  act.

27         (7)  The provisions of this act in their interpretation

28  and application are declared to be the minimum requirements

29  necessary to accomplish the stated intent, purposes, and

30  objectives of this act; to protect human, environmental,

31  social, and economic resources; to foster appropriate economic

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  1  development; and to maintain, through orderly growth and

  2  development, the character and stability of present and future

  3  land use and development in this state.

  4         (8)  It is the intent of the Legislature that the

  5  repeal of ss. 163.160 through 163.315 by s. 19 of chapter

  6  85-55, Laws of Florida, shall not be interpreted to limit or

  7  restrict the powers of municipal or county officials, but

  8  shall be interpreted as a recognition of their broad statutory

  9  and constitutional powers to plan for and regulate the use of

10  land.  It is, further, the intent of the Legislature to

11  reconfirm that ss. 163.3161 through 163.3215 have provided and

12  do provide the necessary statutory direction and basis for

13  municipal and county officials to carry out their

14  comprehensive planning and land development regulation powers,

15  duties, and responsibilities.

16         (9)  It is the intent of the Legislature that all

17  governmental entities in this state recognize and respect

18  judicially acknowledged or constitutionally protected private

19  property rights.  It is the intent of the Legislature that all

20  rules, ordinances, regulations, and programs adopted under the

21  authority of this act must be developed, promulgated,

22  implemented, and applied with sensitivity for private property

23  rights and not be unduly restrictive, and property owners must

24  be free from actions by others which would harm their

25  property.  Full and just compensation or other appropriate

26  relief must be provided to any property owner for a

27  governmental action that is determined to be an invalid

28  exercise of the police power which constitutes a taking, as

29  provided by law.  Any such relief must be determined in a

30  judicial action.

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  1         Section 3.  Subsections (6) and (7) of section

  2  163.3177, Florida Statutes, are amended to read:

  3         163.3177  Required and optional elements of

  4  comprehensive plan; studies and surveys.--

  5         (6)  In addition to the requirements of subsections

  6  (1)-(5), the comprehensive plan shall include the following

  7  elements:

  8         (a)  A future land use plan element designating

  9  proposed future general distribution, location, and extent of

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

11  industry, agriculture, recreation, conservation, education,

12  public buildings and grounds, other public facilities, and

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

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

15  the control and distribution of population densities and

16  building and structure intensities.  The proposed

17  distribution, location, and extent of the various categories

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

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

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

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

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

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

24  including the amount of land required to accommodate

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

26  character of undeveloped land; the availability of public

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

28  blighted areas and the elimination of nonconforming uses which

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

30  rural communities, the need for job creation, capital

31  investment, and economic development that will strengthen and

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

  2  may designate areas for future planned development use

  3  involving combinations of types of uses for which special

  4  regulations may be necessary to ensure development in accord

  5  with the principles and standards of the comprehensive plan

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

  7  of land designated for future planned industrial use shall be

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

  9  creation, capital investment, and the necessity to strengthen

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

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

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

13  possible future municipal incorporation. The land use maps or

14  map series shall generally identify and depict historic

15  district boundaries and shall designate historically

16  significant properties meriting protection.  The future land

17  use element must clearly identify the land use categories in

18  which public schools are an allowable use.  When delineating

19  the land use categories in which public schools are an

20  allowable use, a local government shall include in the

21  categories sufficient land proximate to residential

22  development to meet the projected needs for schools in

23  coordination with public school boards and may establish

24  differing criteria for schools of different type or size.

25  Each local government shall include lands contiguous to

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

27  the land use categories in which public schools are an

28  allowable use. All comprehensive plans must comply with the

29  school siting requirements of this paragraph no later than

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

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

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

  2  amend the local comprehensive plan, except for plan amendments

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

  4  requirements are met. An amendment proposed by a local

  5  government for purposes of identifying the land use categories

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

  7  the limitation on the frequency of plan amendments contained

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

  9  criteria which encourage the location of schools proximate to

10  urban residential areas to the extent possible and shall

11  require that the local government seek to collocate public

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

13  with schools to the extent possible.

14         (b)  A traffic circulation element consisting of the

15  types, locations, and extent of existing and proposed major

16  thoroughfares and transportation routes, including bicycle and

17  pedestrian ways. Transportation corridors, as defined in s.

18  334.03, may be designated in the traffic circulation element

19  pursuant to s. 337.273.  If the transportation corridors are

20  designated, the local government may adopt a transportation

21  corridor management ordinance.

22         (c)  A general sanitary sewer, solid waste, drainage,

23  potable water, and natural groundwater aquifer recharge

24  element correlated to principles and guidelines for future

25  land use, indicating ways to provide for future potable water,

26  drainage, sanitary sewer, solid waste, and aquifer recharge

27  protection requirements for the area.  The element may be a

28  detailed engineering plan including a topographic map

29  depicting areas of prime groundwater recharge. The element

30  shall describe the problems and needs and the general

31  facilities that will be required for solution of the problems

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  1  and needs.  The element shall also include a topographic map

  2  depicting any areas adopted by a regional water management

  3  district as prime groundwater recharge areas for the Floridan

  4  or Biscayne aquifers, pursuant to s. 373.0395.  These areas

  5  shall be given special consideration when the local government

  6  is engaged in zoning or considering future land use for said

  7  designated areas.  For areas served by septic tanks, soil

  8  surveys shall be provided which indicate the suitability of

  9  soils for septic tanks.

10         (d)  A conservation element for the conservation, use,

11  and protection of natural resources in the area, including

12  air, water, water recharge areas, wetlands, waterwells,

13  estuarine marshes, soils, beaches, shores, flood plains,

14  rivers, bays, lakes, harbors, forests, fisheries and wildlife,

15  marine habitat, minerals, and other natural and environmental

16  resources.  Local governments shall assess their current, as

17  well as projected, water needs and sources for a 10-year

18  period.  This information shall be submitted to the

19  appropriate agencies.  The land use map or map series

20  contained in the future land use element shall generally

21  identify and depict the following:

22         1.  Existing and planned waterwells and cones of

23  influence where applicable.

24         2.  Beaches and shores, including estuarine systems.

25         3.  Rivers, bays, lakes, flood plains, and harbors.

26         4.  Wetlands.

27         5.  Minerals and soils.

28

29  The land uses identified on such maps shall be consistent with

30  applicable state law and rules.

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  1         (e)  A recreation and open space element indicating a

  2  comprehensive system of public and private sites for

  3  recreation, including, but not limited to, natural

  4  reservations, parks and playgrounds, parkways, beaches and

  5  public access to beaches, open spaces, and other recreational

  6  facilities.

  7         (f)1.  A housing element consisting of standards,

  8  plans, and principles to be followed in:

  9         a.  The provision of housing for all current and

10  anticipated future residents of the jurisdiction.

11         b.  The elimination of substandard dwelling conditions.

12         c.  The structural and aesthetic improvement of

13  existing housing.

14         d.  The provision of adequate sites for future housing,

15  including housing for low-income, very low-income, and

16  moderate-income families, mobile homes, and group home

17  facilities and foster care facilities, with supporting

18  infrastructure and public facilities.

19         e.  Provision for relocation housing and identification

20  of historically significant and other housing for purposes of

21  conservation, rehabilitation, or replacement.

22         f.  The formulation of housing implementation programs.

23         g.  The creation or preservation of affordable housing

24  to minimize the need for additional local services and avoid

25  the concentration of affordable housing units only in specific

26  areas of the jurisdiction.

27

28  The goals, objectives, and policies of the housing element

29  must be based on the data and analysis prepared on housing

30  needs, including the affordable housing needs assessment.

31  State and federal housing plans prepared on behalf of the

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  1  local government must be consistent with the goals,

  2  objectives, and policies of the housing element.  Local

  3  governments are encouraged to utilize job training, job

  4  creation, and economic solutions to address a portion of their

  5  affordable housing concerns.

  6         2.  To assist local governments in housing data

  7  collection and analysis and assure uniform and consistent

  8  information regarding the state's housing needs, the state

  9  land planning agency shall conduct an affordable housing needs

10  assessment for all local jurisdictions on a schedule that

11  coordinates the implementation of the needs assessment with

12  the evaluation and appraisal reports required by s. 163.3191.

13  Each local government shall utilize the data and analysis from

14  the needs assessment as one basis for the housing element of

15  its local comprehensive plan.  The agency shall allow a local

16  government the option to perform its own needs assessment, if

17  it uses the methodology established by the agency by rule.

18         (g)  For those units of local government identified in

19  s. 380.24, a coastal management element, appropriately related

20  to the particular requirements of paragraphs (d) and (e) and

21  meeting the requirements of s. 163.3178(2) and (3).  The

22  coastal management element shall set forth the policies that

23  shall guide the local government's decisions and program

24  implementation with respect to the following objectives:

25         1.  Maintenance, restoration, and enhancement of the

26  overall quality of the coastal zone environment, including,

27  but not limited to, its amenities and aesthetic values.

28         2.  Continued existence of viable populations of all

29  species of wildlife and marine life.

30

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  1         3.  The orderly and balanced utilization and

  2  preservation, consistent with sound conservation principles,

  3  of all living and nonliving coastal zone resources.

  4         4.  Avoidance of irreversible and irretrievable loss of

  5  coastal zone resources.

  6         5.  Ecological planning principles and assumptions to

  7  be used in the determination of suitability and extent of

  8  permitted development.

  9         6.  Proposed management and regulatory techniques.

10         7.  Limitation of public expenditures that subsidize

11  development in high-hazard coastal areas.

12         8.  Protection of human life against the effects of

13  natural disasters.

14         9.  The orderly development, maintenance, and use of

15  ports identified in s. 403.021(9) to facilitate deepwater

16  commercial navigation and other related activities.

17         10.  Preservation, including sensitive adaptive use of

18  historic and archaeological resources.

19         (h)1.  An intergovernmental coordination element

20  showing relationships and stating principles and guidelines to

21  be used in the accomplishment of coordination of the adopted

22  comprehensive plan with the plans of school boards and other

23  units of local government providing services but not having

24  regulatory authority over the use of land, with the

25  comprehensive plans of adjacent municipalities, the county,

26  adjacent counties, or the region, and with the state

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

28  adopted plans or plans in preparation may exist.  This element

29  of the local comprehensive plan shall demonstrate

30  consideration of the particular effects of the local plan,

31  when adopted, upon the development of adjacent municipalities,

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  1  the county, adjacent counties, or the region, or upon the

  2  state comprehensive plan, as the case may require.

  3         a.  The intergovernmental coordination element shall

  4  provide for procedures to identify and implement joint

  5  planning areas, especially for the purpose of annexation,

  6  municipal incorporation, and joint infrastructure service

  7  areas.

  8         b.  The intergovernmental coordination element shall

  9  provide for recognition of campus master plans prepared

10  pursuant to s. 240.155.

11         c.  The intergovernmental coordination element may

12  provide for a voluntary dispute resolution process as

13  established pursuant to s. 186.509 for bringing to closure in

14  a timely manner intergovernmental disputes.  A local

15  government may develop and use an alternative local dispute

16  resolution process for this purpose.

17         2.  The intergovernmental coordination element shall

18  further state principles and guidelines to be used in the

19  accomplishment of coordination of the adopted comprehensive

20  plan with the plans of school boards and other units of local

21  government providing facilities and services but not having

22  regulatory authority over the use of land.  In addition, the

23  intergovernmental coordination element shall describe joint

24  processes for collaborative planning and decisionmaking on

25  population projections and public school siting, the location

26  and extension of public facilities subject to concurrency, and

27  siting facilities with countywide significance, including

28  locally unwanted land uses whose nature and identity are

29  established in an agreement. Within 1 year of adopting their

30  intergovernmental coordination elements, each county, all the

31  municipalities within that county, the district school board,

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  1  and any unit of local government service providers in that

  2  county shall establish by interlocal or other formal agreement

  3  executed by all affected entities, the joint processes

  4  described in this subparagraph consistent with their adopted

  5  intergovernmental coordination elements.

  6         3.  To foster coordination between special districts

  7  and local general-purpose governments as local general-purpose

  8  governments implement local comprehensive plans, each

  9  independent special district must submit a public facilities

10  report to the appropriate local government as required by s.

11  189.415.

12         4.  The state land planning agency shall establish a

13  schedule for phased completion and transmittal of plan

14  amendments to implement subparagraphs 1., 2., and 3. from all

15  jurisdictions so as to accomplish their adoption by December

16  31, 1999.  A local government may complete and transmit its

17  plan amendments to carry out these provisions prior to the

18  scheduled date established by the state land planning agency.

19  The plan amendments are exempt from the provisions of s.

20  163.3187(1).

21         (i)  The optional elements of the comprehensive plan in

22  paragraphs (7)(a) and (b) are required elements for those

23  municipalities having populations greater than 50,000, and

24  those counties having populations greater than 75,000, as

25  determined under s. 186.901.

26         (j)  For each unit of local government within an

27  urbanized area designated for purposes of s. 339.175, a

28  transportation element, which shall be prepared and adopted in

29  lieu of the requirements of paragraph (b) and paragraphs

30  (7)(a), (b), (c), and (d) and which shall address the

31  following issues:

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  1         1.  Traffic circulation, including major thoroughfares

  2  and other routes, including bicycle and pedestrian ways.

  3         2.  All alternative modes of travel, such as public

  4  transportation, pedestrian, and bicycle travel.

  5         3.  Parking facilities.

  6         4.  Aviation, rail, seaport facilities, access to those

  7  facilities, and intermodal terminals.

  8         5.  The availability of facilities and services to

  9  serve existing land uses and the compatibility between future

10  land use and transportation elements.

11         6.  The capability to evacuate the coastal population

12  prior to an impending natural disaster.

13         7.  Airports, projected airport and aviation

14  development, and land use compatibility around airports.

15         8.  An identification of land use densities, building

16  intensities, and transportation management programs to promote

17  public transportation systems in designated public

18  transportation corridors so as to encourage population

19  densities sufficient to support such systems.

20         9.  May include transportation corridors, as defined in

21  s. 334.03, intended for future transportation facilities

22  designated pursuant to s. 337.273. If transportation corridors

23  are designated, the local government may adopt a

24  transportation corridor management ordinance.

25         (k)  An economic element setting forth principles and

26  guidelines for the commercial and industrial development, if

27  any, and the employment and personnel utilization within the

28  area.  The element may detail the type of commercial and

29  industrial development sought, correlated to the present and

30  projected employment needs of the area and to other elements

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  1  of the plans, and may set forth methods by which a balanced

  2  and stable economic base will be pursued.

  3         (7)  The comprehensive plan may include the following

  4  additional elements, or portions or phases thereof:

  5         (a)  As a part of the circulation element of paragraph

  6  (6)(b) or as a separate element, a mass-transit element

  7  showing proposed methods for the moving of people,

  8  rights-of-way, terminals, related facilities, and fiscal

  9  considerations for the accomplishment of the element.

10         (b)  As a part of the circulation element of paragraph

11  (6)(b) or as a separate element, plans for port, aviation, and

12  related facilities coordinated with the general circulation

13  and transportation element.

14         (c)  As a part of the circulation element of paragraph

15  (6)(b) and in coordination with paragraph (6)(e), where

16  applicable, a plan element for the circulation of recreational

17  traffic, including bicycle facilities, exercise trails, riding

18  facilities, and such other matters as may be related to the

19  improvement and safety of movement of all types of

20  recreational traffic.

21         (d)  As a part of the circulation element of paragraph

22  (6)(b) or as a separate element, a plan element for the

23  development of offstreet parking facilities for motor vehicles

24  and the fiscal considerations for the accomplishment of the

25  element.

26         (e)  A public buildings and related facilities element

27  showing locations and arrangements of civic and community

28  centers, public schools, hospitals, libraries, police and fire

29  stations, and other public buildings. This plan element should

30  show particularly how it is proposed to effect coordination

31  with governmental units, such as school boards or hospital

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  1  authorities, having public development and service

  2  responsibilities, capabilities, and potential but not having

  3  land development regulatory authority.  This element may

  4  include plans for architecture and landscape treatment of

  5  their grounds.

  6         (f)  A recommended community design element which may

  7  consist of design recommendations for land subdivision,

  8  neighborhood development and redevelopment, design of open

  9  space locations, and similar matters to the end that such

10  recommendations may be available as aids and guides to

11  developers in the future planning and development of land in

12  the area.

13         (g)  A general area redevelopment element consisting of

14  plans and programs for the redevelopment of slums and blighted

15  locations in the area and for community redevelopment,

16  including housing sites, business and industrial sites, public

17  buildings sites, recreational facilities, and other purposes

18  authorized by law.

19         (h)  A safety element for the protection of residents

20  and property of the area from fire, hurricane, or manmade or

21  natural catastrophe, including such necessary features for

22  protection as evacuation routes and their control in an

23  emergency, water supply requirements, minimum road widths,

24  clearances around and elevations of structures, and similar

25  matters.

26         (i)  An historical and scenic preservation element

27  setting out plans and programs for those structures or lands

28  in the area having historical, archaeological, architectural,

29  scenic, or similar significance.

30         (j)  An economic element setting forth principles and

31  guidelines for the commercial and industrial development, if

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  1  any, and the employment and personnel utilization within the

  2  area.  The element may detail the type of commercial and

  3  industrial development sought, correlated to the present and

  4  projected employment needs of the area and to other elements

  5  of the plans, and may set forth methods by which a balanced

  6  and stable economic base will be pursued.

  7         (j)(k)  Such other elements as may be peculiar to, and

  8  necessary for, the area concerned and as are added to the

  9  comprehensive plan by the governing body upon the

10  recommendation of the local planning agency.

11         (k)(l)  Local governments that are not required to

12  prepare coastal management elements under s. 163.3178 are

13  encouraged to adopt hazard mitigation/postdisaster

14  redevelopment plans.  These plans should, at a minimum,

15  establish long-term policies regarding redevelopment,

16  infrastructure, densities, nonconforming uses, and future land

17  use patterns.  Grants to assist local governments in the

18  preparation of these hazard mitigation/postdisaster

19  redevelopment plans shall be available through the Emergency

20  Management Preparedness and Assistance Account in the Grants

21  and Donations Trust Fund administered by the department, if

22  such account is created by law.  The plans must be in

23  compliance with the requirements of this act and chapter 252.

24         Section 4.  Subsection (4) of section 288.063, Florida

25  Statutes, is amended to read:

26         288.063  Contracts for transportation projects.--

27         (4)  The Office of Tourism, Trade, and Economic

28  Development may adopt criteria by which transportation

29  projects are to be specified and identified. In approving

30  transportation projects for funding, the Office of Tourism,

31  Trade, and Economic Development shall consider factors

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  1  including, but not limited to, the cost per job created or

  2  retained considering the amount of transportation funds

  3  requested; the average hourly rate of wages for jobs created;

  4  the reliance on the program as an inducement for the project's

  5  location decision; the amount of capital investment to be made

  6  by the business; the demonstrated local commitment; the

  7  location of the project in an enterprise zone designated

  8  pursuant to s. 290.0055; the location of the project in a

  9  spaceport territory as defined in s. 331.304; the unemployment

10  rate of the surrounding area; the poverty rate of the

11  community; and the adoption of an economic element as part of

12  its local comprehensive plan in accordance with s.

13  163.3177(6)(k)(7)(j). The Office of Tourism, Trade, and

14  Economic Development may contact any agency it deems

15  appropriate for additional input regarding the approval of

16  projects.

17         Section 5.  Subsection (17) is added to section

18  163.3184, Florida Statutes, to read:

19         163.3184  Process for adoption of comprehensive plan or

20  plan amendment.--

21         (17)  ADDITIONAL STANDARDS.--In determining whether to

22  approve a comprehensive plan or a comprehensive plan amendment

23  under this part, each governing body shall appropriately

24  balance economic considerations with environmental and other

25  considerations.

26         Section 6.  Section 163.3201, Florida Statutes, is

27  amended to read:

28         163.3201  Relationship of comprehensive plan to

29  exercise of land development regulatory authority.--It is the

30  intent of this act that adopted comprehensive plans or

31  elements thereof shall be implemented, in part, by the

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  1  adoption and enforcement of appropriate local regulations on

  2  the development of lands and waters within an area, after

  3  appropriately balancing economic and environmental

  4  considerations.  It is the intent of this act that the

  5  adoption and enforcement by a governing body of regulations

  6  for the development of land or the adoption and enforcement by

  7  a governing body of a land development code for an area shall

  8  be based on, be related to, and be a means of implementation

  9  for an adopted comprehensive plan as required by this act.

10         Section 7.  Section 380.021, Florida Statutes, is

11  amended to read:

12         380.021  Purpose.--It is the legislative intent that,

13  in order to protect the natural resources and environment of

14  this state as provided in s. 7, Art. II of the State

15  Constitution, ensure a water management system that will

16  reverse the deterioration of water quality and provide optimum

17  utilization of our limited water resources, facilitate orderly

18  and well-planned development, and protect the health, welfare,

19  safety, and quality of life of the residents of this state, it

20  is necessary adequately to plan for and guide growth and

21  development within this state. In order to accomplish these

22  purposes, it is necessary that the state establish land and

23  water management policies to guide and coordinate local

24  decisions relating to growth and development; that such state

25  land and water management policies should, to the maximum

26  possible extent, be implemented by local governments through

27  existing processes for the guidance of growth and development;

28  and that all the existing rights of private property be

29  preserved in accord with the constitutions of this state and

30  of the United States. It is the policy of this state that all

31  governmental decisions with respect to land and water

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  1  management take into account an appropriate balancing of

  2  economic and environmental considerations.

  3         Section 8.  Subsection (23) of section 380.06, Florida

  4  Statutes, is amended to read:

  5         380.06  Developments of regional impact.--

  6         (23)  ADOPTION OF RULES BY STATE LAND PLANNING

  7  AGENCY.--

  8         (a)  The state land planning agency shall adopt rules

  9  to ensure uniform review of developments of regional impact by

10  the state land planning agency and regional planning agencies

11  under this section. Such rules shall require that all reviews

12  appropriately balance both economic and environmental

13  considerations. These rules shall be adopted pursuant to

14  chapter 120 and shall include all forms, application content,

15  and review guidelines necessary to implement

16  development-of-regional-impact reviews.  The state land

17  planning agency, in consultation with the regional planning

18  agencies, may also designate types of development or areas

19  suitable for development in which reduced information

20  requirements for development-of-regional-impact review shall

21  apply.

22         (b)  Regional planning agencies shall be subject to

23  rules adopted by the state land planning agency.  At the

24  request of a regional planning council, the state land

25  planning agency may adopt by rule different standards for a

26  specific comprehensive planning district upon a finding that

27  the statewide standard is inadequate to protect or promote the

28  regional interest at issue. If such a regional standard is

29  adopted by the state land planning agency, the regional

30  standard shall be applied to all pertinent

31

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  1  development-of-regional-impact reviews conducted in that

  2  region until rescinded.

  3         (c)  Within 6 months of the effective date of this

  4  section, the state land planning agency shall adopt rules

  5  which:

  6         1.  Establish uniform statewide standards for

  7  development-of-regional-impact review.

  8         2.  Establish a short application for development

  9  approval form which eliminates issues and questions for any

10  project in a jurisdiction with an adopted local comprehensive

11  plan that is in compliance.

12         (d)  Regional planning agencies that perform

13  development-of-regional-impact and Florida Quality Development

14  review are authorized to assess and collect fees to fund the

15  costs, direct and indirect, of conducting the review process.

16  The state land planning agency shall adopt rules to provide

17  uniform criteria for the assessment and collection of such

18  fees.  The rules providing uniform criteria shall not be

19  subject to rule challenge under s. 120.56(2) or to drawout

20  proceedings under s. 120.54(3)(c)2., but, once adopted, shall

21  be subject to an invalidity challenge under s. 120.56(3) by

22  substantially affected persons. Until the state land planning

23  agency adopts a rule implementing this paragraph, rules of the

24  regional planning councils currently in effect regarding fees

25  shall remain in effect. Fees may vary in relation to the type

26  and size of a proposed project, but shall not exceed $75,000,

27  unless the state land planning agency, after reviewing any

28  disputed expenses charged by the regional planning agency,

29  determines that said expenses were reasonable and necessary

30  for an adequate regional review of the impacts of a project.

31

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  1         Section 9.  This act shall take effect upon becoming a

  2  law.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Requires that decisions regarding land and water
  7    management be made after appropriately balancing economic
      and environmental concerns.  Requires that comprehensive
  8    plans include an economic element.

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