Senate Bill sb0432
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Florida Senate - 2001 SB 432
By the Committee on Comprehensive Planning, Local and Military
Affairs
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1 A bill to be entitled
2 An act relating to growth management; amending
3 s. 163.3244, F.S.; providing for a
4 livable-communities certification program;
5 providing for certification criteria;
6 eliminating state review of certain local
7 comprehensive plan amendments within certified
8 areas; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 163.3244, Florida Statutes, is
13 amended to read:
14 163.3244 Livable-communities certification Sustainable
15 communities demonstration project.--
16 (1) The Department of Community Affairs may create a
17 livable-communities certification program for communities that
18 have implemented best-planning practices through their local
19 government comprehensive plans and specific planning or design
20 initiatives, thereby reducing the need for state review of
21 amendments to local government comprehensive plans. One of the
22 purposes of the certification program is to encourage
23 certified communities to address the extrajurisdictional
24 effects of development occurring within the certified area and
25 to seek development-of-regional-impact review authority from
26 the department. It is the intent of the Legislature that the
27 department and other executive agencies under the Governor
28 give priority to and direct infrastructure spending to areas
29 within the urban boundaries of certified communities. is
30 authorized to undertake a sustainable communities
31 demonstration project. Up to five local governments may be
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1 designated under this section. At least three of the local
2 governments shall be located totally or in part within the
3 boundaries of the South Florida Water Management District. In
4 selecting the local governments to participate in this
5 demonstration project, the department shall assure
6 participation by local governments of different sizes and
7 characteristics. It is the intent of the Legislature that
8 this demonstration project shall be used to further six broad
9 principles of sustainability: restoring key ecosystems;
10 achieving a more clean, healthy environment; limiting urban
11 sprawl; protecting wildlife and natural areas; advancing the
12 efficient use of land and other resources; and creating
13 quality communities and jobs.
14 (2) A local government may apply to the department in
15 writing requesting consideration for certification as a
16 livable community designation under the demonstration program.
17 The local government shall describe its reasons for applying
18 for this certification designation and support its application
19 with documents regarding its compliance with criteria set
20 forth in this section.
21 (3) In determining whether to designate all or part of
22 a local government as a livable sustainable community, the
23 department shall:
24 (a) Assure that the local government has set an
25 urban-development urban development boundary or functionally
26 equivalent mechanisms, based on projected needs and adequate
27 data and analysis, which that will:
28 1. Encourage urban infill at appropriate densities and
29 intensities, separate urban and rural uses, and discourage
30 urban sprawl development patterns while preserving public open
31 space and planning for buffer-type land uses and rural
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1 development consistent with their respective character along
2 and outside of the urban boundary.
3 2. Assure protection of key natural areas and
4 agricultural lands.
5 3. Ensure the cost-efficient provision of public
6 infrastructure and services.
7 (b) Consider and assess the extent to which the local
8 government has adopted programs in its local comprehensive
9 plan or land development regulations which:
10 1. Promote infill development and redevelopment,
11 including prioritized and timely permitting processes in which
12 applications for local development permits within the
13 urban-development urban development boundary are acted upon
14 expeditiously for proposed development that which is
15 consistent with the local comprehensive plan.
16 2. Promote the development of housing for low-income
17 and very-low-income households or specialized housing to
18 assist elderly elders and the disabled persons to remain at
19 home or in independent living arrangements.
20 3. Achieve effective intergovernmental coordination
21 and address the extrajurisdictional effects of development
22 within the certified area.
23 4. Promote economic diversity and growth while
24 encouraging the retention of rural character, where rural
25 areas exist, and the protection and restoration of the
26 environment.
27 5. Provide and maintain public urban and rural open
28 space and recreational opportunities.
29 6. Manage transportation and land uses to support
30 public transit and promote opportunities for pedestrian and
31 nonmotorized transportation.
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1 7. Use urban-design urban design principles to foster
2 individual community identity, create a sense of place, and
3 promote pedestrian-oriented safe neighborhoods and town
4 centers.
5 8. Redevelop blighted areas.
6 9. Improve disaster preparedness programs and the
7 ability to protect lives and property, especially in coastal
8 high-hazard areas.
9 10. Encourage clustered, mixed-use development that
10 which incorporates greenspace and residential development
11 within walking distance of commercial development.
12 11. Demonstrate financial and administrative
13 capabilities to implement the designation.
14 12. Demonstrate a record of effectively adopting,
15 implementing, and enforcing its comprehensive plan.
16 (c) Consider and assess the extent to which the local
17 government's government has the support of its regional
18 planning council governing board supports in favor of the
19 designation.
20 (4) The department shall certify designate all or part
21 of a local government as a livable sustainable community by
22 written agreement, which shall be considered final agency
23 action. The agreement must shall include the basis for the
24 certification designation, any conditions necessary to comply
25 with the intent of this section, including procedures for
26 mitigation of extrajurisdictional effects impacts of
27 development in jurisdictions where developments of regional
28 impact would be abolished or modified, and criteria for
29 evaluating the success of the designation. Subsequent to
30 executing the agreement, the department may remove the local
31 government's certification designation if it determines that
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1 the local government is not meeting the terms of the
2 certification designation agreement. If an affected person,
3 as defined by s. 163.3184(1)(a), determines that a local
4 government is not complying with the terms of the
5 certification designation agreement, he or she may petition
6 for administrative review of local government compliance with
7 the terms of the agreement, using the procedures and
8 timeframes for notice and conditions precedent described in s.
9 163.3213.
10 (5) Upon certification designation as a livable
11 sustainable community, the local government is entitled to
12 shall receive the following benefits:
13 (a) All comprehensive plan amendments affecting areas
14 within the urban-growth urban growth boundary or functional
15 equivalent must shall be adopted and reviewed in the manner
16 described in ss. 163.3184(1), (2), (7), (14), (15), and (16)
17 and 163.3187, such that state and regional agency review is
18 eliminated. The department may shall not issue an objections,
19 recommendations, and comments report on proposed plan
20 amendments or a notice of intent on adopted plan amendments;
21 however, affected persons, as defined by s. 163.3184(1)(a),
22 may file a petition for administrative review pursuant to the
23 requirements of s. 163.3187(3)(a) to challenge the compliance
24 of an adopted plan amendment. Plan amendments that would
25 change the adopted urban-development urban development
26 boundary, impact lands outside the urban-development urban
27 development boundary, or impact lands within the coastal
28 high-hazard area shall be reviewed pursuant to ss. 163.3184
29 and 163.3187.
30 (b) Developments within the urban-growth urban growth
31 boundary and outside the coastal high-hazard area are exempt
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1 from review pursuant to ss. 380.06 and 380.061 to the extent
2 established in the designation agreement.
3 (c) The Executive Office of the Governor shall work
4 with the Department of Community Affairs and other departments
5 to emphasize programs and set priorities for funding within
6 certified areas in certified designated local governments in
7 the areas of education job creation; crime prevention;
8 environmental protection and restoration programs; solid waste
9 recycling; transportation improvements, including highways,
10 transit, and nonmotorized transportation projects; sewage
11 treatment system improvements; expedited and prioritized
12 funding initiatives; and other programs that will direct
13 development within the urban-development boundary of certified
14 assist local governments to create and maintain
15 self-sustaining communities.
16 (6) The Secretary of the Department of Environmental
17 Protection, the Secretary of Community Affairs, the Secretary
18 of Transportation, the Commissioner of Agriculture, the
19 executive director of the Fish and Wildlife Conservation
20 Commission, and the executive directors of the five water
21 management districts shall have the authority to enter into
22 agreements with landowners, developers, businesses,
23 industries, individuals, and governmental agencies as are may
24 be necessary to effectuate the provisions of this section.
25 (7) Once certified designated as a livable sustainable
26 community pursuant to this section, the local government shall
27 provide a progress report to the department which and the
28 Advisory Council on Intergovernmental Relations each year on
29 the anniversary date of its designation that identifies plan
30 amendments adopted during the year, updates the future land
31 use map, and advises whether the local government continues to
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1 comply with the certification designation agreement. Beginning
2 December 1, 1997, and each year thereafter, the department
3 shall provide a report to the Speaker of the House of
4 Representatives and the President of the Senate regarding the
5 successes and failures of this demonstration project. The
6 report shall include any recommendations for legislative
7 action to modify or repeal the project.
8 (8) The designation of a local government as a livable
9 sustainable community under this section shall continue be for
10 a period of 5 years, unless otherwise revoked or renewed by
11 the department. The certification designation may be renewed
12 for additional 5-year periods if the department determines
13 that the local government is complying with the terms of its
14 agreement, showing continuing progress toward sustainable
15 goals, and the demonstration project is still in effect.
16 (9) This section shall stand repealed on June 30,
17 2001, and shall be reviewed by the Legislature prior to that
18 date.
19 (10) If this section is repealed, all designations
20 shall terminate as of the effective date of the repeal.
21 Section 2. This act shall take effect upon becoming a
22 law.
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25 SENATE SUMMARY
26 Authorizes the Department of Community Affairs to create
a livable-communities certification program. Eliminates
27 the sustainable-communities demonstration project.
Provides criteria for certification. Provides benefits
28 for communities certified as livable communities.
29
30
31
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