Senate Bill sb1464c1
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Florida Senate - 2002 CS for SB 1464
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senator Constantine
316-1977C-02
1 A bill to be entitled
2 An act relating to growth management; creating
3 s. 163.3246, F.S.; creating a Local Government
4 Comprehensive Planning certification Program to
5 be administered by the Department of Community
6 Affairs; defining the purpose of the
7 certification area to designate areas that are
8 appropriate for urban growth within a 10-year
9 timeframe; providing for certification
10 criteria; specifying the contents of the
11 certification agreement; providing evaluation
12 criteria; authorizing the Department of
13 Community Affairs to adopt procedural rules;
14 providing for the revocation of certification
15 agreements; providing for the rights of
16 affected persons to challenge local government
17 compliance with certification agreements;
18 eliminating state and regional review of
19 certain local comprehensive plan amendments
20 within certified areas; providing exceptions;
21 providing for the periodic review of a local
22 government's certification by the Department of
23 Community Affairs; requiring the submission of
24 biennial reports to the Governor and
25 Legislature; providing for review of the
26 certification program by the Office of Program
27 Policy Analysis and Government Accountability;
28 amending s. 163.3191, F.S.; requiring local
29 governments within coastal high-hazard areas to
30 address certain issues in the evaluation and
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1 appraisal of their comprehensive plans;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 163.3246, Florida Statutes, is
7 created to read:
8 163.3246 Local government comprehensive planning
9 certification program.--
10 (1) There is created the Local Government
11 Comprehensive Planning Certification Program to be
12 administered by the Department of Community Affairs. The
13 purpose of the program is to create a certification process
14 for local governments who identify a geographic area for
15 certification within which they commit to directing growth and
16 who, because of a demonstrated record of effectively adopting,
17 implementing, and enforcing its comprehensive plan, the level
18 of technical planning experience exhibited by the local
19 government, and a commitment to implement exemplary planning
20 practices, require less state and regional oversight of the
21 comprehensive plan amendment process. The purpose of the
22 certification area is to designate areas that are contiguous,
23 compact, and appropriate for urban growth and development
24 within a 10-year planning timeframe. Municipalities and
25 counties are encouraged to jointly establish the certification
26 area, and subsequently enter into joint certification
27 agreement with the department.
28 (2) In order to be eligible for certification under
29 the program, the local government must:
30 (a) Demonstrate a record of effectively adopting,
31 implementing, and enforcing its comprehensive plan;
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1 (b) Demonstrate technical, financial, and
2 administrative expertise to implement the provisions of this
3 part without state oversight;
4 (c) Obtain comments from the state and regional review
5 agencies regarding the appropriateness of the proposed
6 certification;
7 (d) Hold at least one public hearing soliciting public
8 input concerning the local government's proposal for
9 certification; and
10 (e) Demonstrate that it has adopted programs in its
11 local comprehensive plan and land development regulations
12 which:
13 1. Promote infill development and redevelopment,
14 including prioritized and timely permitting processes in which
15 applications for local development permits within the
16 certification area are acted upon expeditiously for proposed
17 development that is consistent with the local comprehensive
18 plan.
19 2. Promote the development of housing for low-income
20 and very-low-income households or specialized housing to
21 assist elderly and disabled persons to remain at home or in
22 independent living arrangements.
23 3. Achieve effective intergovernmental coordination
24 and address the extrajurisdictional effects of development
25 within the certified area.
26 4. Promote economic diversity and growth while
27 encouraging the retention of rural character, where rural
28 areas exist, and the protection and restoration of the
29 environment.
30 5. Provide and maintain public urban and rural open
31 space and recreational opportunities.
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1 6. Manage transportation and land uses to support
2 public transit and promote opportunities for pedestrian and
3 nonmotorized transportation.
4 7. Use design principles to foster individual
5 community identity, create a sense of place, and promote
6 pedestrian-oriented safe neighborhoods and town centers.
7 8. Redevelop blighted areas.
8 9. Adopt a local mitigation strategy and have programs
9 to improve disaster preparedness and the ability to protect
10 lives and property, especially in coastal high-hazard areas.
11 10. Encourage clustered, mixed-use development that
12 incorporates greenspace and residential development within
13 walking distance of commercial development.
14 11. Encourage urban infill at appropriate densities
15 and intensities and separate urban and rural uses and
16 discourage urban sprawl while preserving public open space and
17 planning for buffer-type land uses and rural development
18 consistent with their respective character along and outside
19 the certification area.
20 12. Assure protection of key natural areas and
21 agricultural lands that are identified using state and local
22 inventories of natural areas. Key natural areas include, but
23 are not limited to:
24 a. Wildlife corridors.
25 b. Lands with high native biological diversity,
26 important areas for threatened and endangered species, species
27 of special concern, migratory bird habitat, and intact natural
28 communities.
29 c. Significant surface waters and springs, aquatic
30 preserves, wetlands, and outstanding Florida waters.
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1 d. Water resources suitable for preservation of
2 natural systems and for water resource development.
3 e. Representative and rare native Florida natural
4 systems.
5 13. Ensure the cost-efficient provision of public
6 infrastructure and services.
7 (3) Portions of local governments located within areas
8 of critical state concern cannot be included in a
9 certification area.
10 (4) A local government or group of local governments
11 seeking certification of all or part of a jurisdiction or
12 jurisdictions must submit an application to the department
13 which demonstrates that the area sought to be certified meets
14 the criteria of subsections (2) and (5). The application shall
15 include copies of the applicable local government
16 comprehensive plan, land development regulations, interlocal
17 agreements, and other relevant information supporting the
18 eligibility criteria for designation. Upon receipt of a
19 complete application, the department must provide the local
20 government with an initial response to the application within
21 90 days after receipt of the application.
22 (5) If the local government meets the eligibility
23 criteria of subsection (2), the department shall certify all
24 or part of a local government by written agreement, which
25 shall be considered final agency action subject to challenge
26 under s. 120.569. The agreement must include the following
27 components:
28 (a) The basis for certification.
29 (b) The boundary of the certification area, which
30 encompasses areas that are contiguous, compact, appropriate
31 for urban growth and development, and in which public
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1 infrastructure is existing or planned within a 10-year
2 planning timeframe. The certification area is required to
3 include sufficient land to accommodate projected population
4 growth, housing demand, including choice in housing types and
5 affordability, job growth and employment, appropriate
6 densities and intensities of use to be achieved in new
7 development and redevelopment, existing or planned
8 infrastructure, including transportation and central water and
9 sewer facilities. The certification area must be adopted as
10 part of the local government's comprehensive plan.
11 (c) A demonstration that the capital-improvements plan
12 governing the certified area is updated annually.
13 (d) A visioning plan or a schedule for the development
14 of a visioning plan.
15 (e) A description of baseline conditions related to
16 the evaluation criteria in paragraph (g) in the certified
17 area.
18 (f) A work program setting forth specific planning
19 strategies and projects that will be undertaken to achieve
20 improvement in the baseline conditions as measured by the
21 criteria identified in paragraph (g).
22 (g) Criteria to evaluate the effectiveness of the
23 certification process in achieving the community-development
24 goals for the certification area including:
25 1. Measuring the compactness of growth, expressed as
26 the ratio between population growth and land consumed;
27 2. Increasing residential density and intensities of
28 use;
29 3. Measuring and reducing vehicle miles traveled and
30 increasing the interconnectedness of the street system,
31 pedestrian access, and mass transit;
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1 4. Measuring the balance between the location of jobs
2 and housing;
3 5. Improving the housing mix within the certification
4 area, including the provision of mixed-use neighborhoods,
5 affordable housing, and the creation of an affordable housing
6 program if such a program is not already in place;
7 6. Promoting mixed-use developments as an alternative
8 to single-purpose centers;
9 7. Promoting clustered development having dedicated
10 open space;
11 8. Linking commercial, educational, and recreational
12 uses directly to residential growth;
13 9. Reducing per capita water and energy consumption;
14 10. Prioritizing environmental features to be
15 protected and adopting measures or programs to protect
16 identified features;
17 11. Reducing hurricane shelter deficits and evacuation
18 times and implementing the adopted mitigation strategies; and
19 12. Improving coordination between the local
20 government and school board.
21 (h) A commitment to change any land development
22 regulations that restrict compact development and adopt
23 alternative design codes that encourage desirable densities
24 and intensities of use and patterns of compact development
25 identified in the agreement.
26 (i) A plan for increasing public participation in
27 comprehensive planning and land use decision making which
28 includes outreach to neighborhood and civic associations
29 through community planning initiatives.
30 (j) A demonstration that the intergovernmental
31 coordination element of the local government's comprehensive
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1 plan includes joint processes for coordination between the
2 school board and local government pursuant to s.
3 163.3177(6)(h)2. and other requirements of law.
4 (k) A method of addressing the extrajurisdictional
5 effects of development within the certified area which is
6 integrated by amendment into the intergovernmental
7 coordination element of the local government comprehensive
8 plan.
9 (l) A requirement for the annual reporting to the
10 department of plan amendments adopted during the year, and the
11 progress of the local government in meeting the terms and
12 conditions of the certification agreement. Prior to the
13 deadline for the annual report, the local government must hold
14 a public hearing soliciting public input on the progress of
15 the local government in satisfying the terms of the
16 certification agreement.
17 (m) An expiration date that is no later than 10 years
18 after execution of the agreement.
19 (6) The department may enter up to eight new
20 certification agreements each fiscal year. The department
21 shall adopt procedural rules governing the application and
22 review of local government requests for certification. Such
23 procedural rules may establish a phased schedule for review of
24 local government requests for certification.
25 (7) The department shall revoke the local government's
26 certification if it determines that the local government is
27 not substantially complying with the terms of the agreement.
28 (8) An affected person, as defined by s.
29 163.3184(1)(a), may petition for administrative hearing
30 alleging that a local government is not substantially
31 complying with the terms of the agreement, using the
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1 procedures and timeframes for notice and conditions precedent
2 described in s. 163.3213. Such a petition must be filed within
3 30 days after the annual public hearing required by paragraph
4 (5)(l).
5 (9)(a) Upon certification all comprehensive plan
6 amendments associated with the area certified must be adopted
7 and reviewed in the manner described in ss. 163.3184(1), (2),
8 (7), (14), (15), and (16) and 163.3187, such that state and
9 regional agency review is eliminated. The department may not
10 issue any objections, recommendations, and comments report on
11 proposed plan amendments or a notice of intent on adopted plan
12 amendments; however, affected persons, as defined by s.
13 163.3184(1)(a), may file a petition for administrative review
14 pursuant to the requirements of s. 163.3187(3)(a) to challenge
15 the compliance of an adopted plan amendment.
16 (b) Plan amendments that change the boundaries of the
17 certification area; propose a rural land stewardship area
18 pursuant to s. 163.3177(11)(d); propose an optional sector
19 plan pursuant to s. 163.3245; propose a school facilities
20 element; update a comprehensive plan based on an evaluation
21 and appraisal report; impact lands outside the certification
22 boundary; implement new statutory requirements that require
23 specific comprehensive plan amendments; or increase hurricane
24 evacuation times or the need for shelter capacity on lands
25 within the coastal high hazard area shall be reviewed pursuant
26 to ss. 163.3184 and 163.3187.
27 (10) A local government's certification shall be
28 reviewed by the local government and the department as part of
29 the evaluation and appraisal process pursuant to s. 163.3191.
30 Within 1 year after the deadline for the local government to
31 update its comprehensive plan based on the evaluation and
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1 appraisal report, the department shall renew or revoke the
2 certification. The local government's failure to adopt a
3 timely evaluation and appraisal report, failure to adopt an
4 evaluation and appraisal report found to be sufficient, or
5 failure to timely adopt amendments based on an evaluation and
6 appraisal report found to be in compliance by the department
7 shall be cause for revoking the certification agreement. The
8 department's decision to renew or revoke shall be considered
9 agency action subject to challenge under s. 120.569.
10 (11) The department shall, by July 1 of each
11 odd-numbered year, submit to the Governor, the President of
12 the Senate, and the Speaker of the House of Representatives a
13 report listing certified local governments, evaluating the
14 effectiveness of the certification, and including any
15 recommendations for legislative actions.
16 (12) The Office of Program Policy Analysis and
17 Government Accountability shall prepare a report evaluating
18 the certification program, which shall be submitted to the
19 Governor, the President of the Senate, and the Speaker of the
20 House of Representatives by December 1, 2007.
21 Section 2. Paragraph (l) is added to subsection (2) of
22 section 163.3191, Florida Statutes, to read:
23 163.3191 Evaluation and appraisal of comprehensive
24 plan.--
25 (2) The report shall present an evaluation and
26 assessment of the comprehensive plan and shall contain
27 appropriate statements to update the comprehensive plan,
28 including, but not limited to, words, maps, illustrations, or
29 other media, related to:
30 (l) If any of the jurisdiction of the local government
31 is located within the coastal high-hazard area, an evaluation
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1 of whether any past reduction in land use density impairs the
2 property rights of current residents when redevelopment
3 occurs, including, but not limited to, redevelopment following
4 a natural disaster. The local government must identify
5 strategies to address redevelopment feasibility and the
6 property rights of affected residents. These strategies may
7 include the authorization of redevelopment up to the actual
8 built density in existence on the property prior to the
9 natural disaster or redevelopment.
10 Section 3. This act shall take effect upon becoming a
11 law.
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13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bill 1464
15
16 Creates a Local Government Comprehensive Planning
Certification program to be administered by the Department of
17 Community Affairs (DCA) to reward local governments who: 1)
direct growth to areas within a certification boundary; 2)
18 have a record of effectively implementing and enforcing their
local comprehensive plan; and 3) agree to implement certain
19 exemplary planning practices, with less state and regional
oversight over the comprehensive plan amendment process. The
20 bill includes eligibility criteria, defines the content of
certification agreements, and provides for the oversight and
21 revocation of a local government's certification.
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