Senate Bill sb2688e1

CODING: Words stricken are deletions; words underlined are additions.




    CS for SB 2688                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to coastal redevelopment hazard

  3         mitigation; providing a popular name; amending

  4         s. 163.3164, F.S.; defining the term "local

  5         hazard mitigation strategy"; amending s.

  6         163.3177, F.S.; providing an additional

  7         requirement in the comprehensive plan

  8         concerning hazard mitigation; amending s.

  9         163.3178, F.S.; revising language with respect

10         to coastal management; authorizing a

11         demonstration project in certain counties to

12         allow for the redevelopment of coastal areas

13         within the designated coastal high hazard area;

14         providing conditions; providing for application

15         by a local government; providing for a written

16         agreement between the state land planning

17         agency and the local government; providing for

18         a progress report; amending ss. 186.515,

19         288.975, and 369.303, F.S.; correcting

20         cross-references to conform; amending s.

21         380.06, F.S.; providing presumptions with

22         respect to whether an extension of the date of

23         a buildout or phase in an areawide development

24         plan constitutes a substantial deviation;

25         amending s. 163.3174, F.S.; providing local

26         planning authority for certain municipalities

27         in certain charter counties; providing an

28         effective date.

29  

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

31  


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1         Section 1.  Popular name.--This act may be cited as the

 2  "Coastal Redevelopment Hazard Mitigation Demonstration Project

 3  Act."

 4         Section 2.  Section 163.3164, Florida Statutes, is

 5  amended to read:

 6         163.3164  Local Government Comprehensive Planning and

 7  Land Development Regulation Act; definitions. As used in this

 8  act:

 9         (1)  "Administration Commission" means the Governor and

10  the Cabinet, and for purposes of this chapter the commission

11  shall act on a simple majority vote, except that for purposes

12  of imposing the sanctions provided in s. 163.3184(11),

13  affirmative action shall require the approval of the Governor

14  and at least three other members of the commission.

15         (2)  "Area" or "area of jurisdiction" means the total

16  area qualifying under the provisions of this act, whether this

17  be all of the lands lying within the limits of an incorporated

18  municipality, lands in and adjacent to incorporated

19  municipalities, all unincorporated lands within a county, or

20  areas comprising combinations of the lands in incorporated

21  municipalities and unincorporated areas of counties.

22         (3)  "Coastal area" means the 35 coastal counties and

23  all coastal municipalities within their boundaries designated

24  coastal by the state land planning agency.

25         (4)  "Comprehensive plan" means a plan that meets the

26  requirements of ss. 163.3177 and 163.3178.

27         (5)  "Developer" means any person, including a

28  governmental agency, undertaking any development as defined in

29  this act.

30         (6)  "Development" has the meaning given it in s.

31  380.04.


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1         (7)  "Development order" means any order granting,

 2  denying, or granting with conditions an application for a

 3  development permit.

 4         (8)  "Development permit" includes any building permit,

 5  zoning permit, subdivision approval, rezoning, certification,

 6  special exception, variance, or any other official action of

 7  local government having the effect of permitting the

 8  development of land.

 9         (9)  "Governing body" means the board of county

10  commissioners of a county, the commission or council of an

11  incorporated municipality, or any other chief governing body

12  of a unit of local government, however designated, or the

13  combination of such bodies where joint utilization of the

14  provisions of this act is accomplished as provided herein.

15         (10)  "Governmental agency" means:

16         (a)  The United States or any department, commission,

17  agency, or other instrumentality thereof.

18         (b)  This state or any department, commission, agency,

19  or other instrumentality thereof.

20         (c)  Any local government, as defined in this section,

21  or any department, commission, agency, or other

22  instrumentality thereof.

23         (d)  Any school board or other special district,

24  authority, or governmental entity.

25         (11)  "Land" means the earth, water, and air, above,

26  below, or on the surface, and includes any improvements or

27  structures customarily regarded as land.

28         (12)  "Land use" means the development that has

29  occurred on the land, the development that is proposed by a

30  developer on the land, or the use that is permitted or

31  permissible on the land under an adopted comprehensive plan or


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1  element or portion thereof, land development regulations, or a

 2  land development code, as the context may indicate.

 3         (13)  "Local government" means any county or

 4  municipality.

 5         (14)  "Local hazard mitigation strategy" means a local

 6  plan required under Section 322, Mitigation Planning, of the

 7  Robert T. Stafford Disaster Relief and Emergency Assistance

 8  Act, enacted by Section 104 of the Disaster Mitigation Act of

 9  2000 (Pub. L. No. 106-390) to promote hazard mitigation and to

10  manage disaster redevelopment.

11         (15)(14)  "Local planning agency" means the agency

12  designated to prepare the comprehensive plan or plan

13  amendments required by this act.

14         (16)(15)  A "newspaper of general circulation" means a

15  newspaper published at least on a weekly basis and printed in

16  the language most commonly spoken in the area within which it

17  circulates, but does not include a newspaper intended

18  primarily for members of a particular professional or

19  occupational group, a newspaper whose primary function is to

20  carry legal notices, or a newspaper that is given away

21  primarily to distribute advertising.

22         (17)(16)  "Parcel of land" means any quantity of land

23  capable of being described with such definiteness that its

24  locations and boundaries may be established, which is

25  designated by its owner or developer as land to be used, or

26  developed as, a unit or which has been used or developed as a

27  unit.

28         (18)(17)  "Person" means an individual, corporation,

29  governmental agency, business trust, estate, trust,

30  partnership, association, two or more persons having a joint

31  or common interest, or any other legal entity.


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1         (19)(18)  "Public notice" means notice as required by

 2  s. 125.66(2) for a county or by s. 166.041(3)(a) for a

 3  municipality. The public notice procedures required in this

 4  part are established as minimum public notice procedures.

 5         (20)(19)  "Regional planning agency" means the agency

 6  designated by the state land planning agency to exercise

 7  responsibilities under law in a particular region of the

 8  state.

 9         (21)(20)  "State land planning agency" means the

10  Department of Community Affairs.

11         (22)(21)  "Structure" has the meaning given it by s.

12  380.031(19).

13         (23)(22)  "Land development regulation commission"

14  means a commission designated by a local government to develop

15  and recommend, to the local governing body, land development

16  regulations which implement the adopted comprehensive plan and

17  to review land development regulations, or amendments thereto,

18  for consistency with the adopted plan and report to the

19  governing body regarding its findings. The responsibilities of

20  the land development regulation commission may be performed by

21  the local planning agency.

22         (24)(23)  "Land development regulations" means

23  ordinances enacted by governing bodies for the regulation of

24  any aspect of development and includes any local government

25  zoning, rezoning, subdivision, building construction, or sign

26  regulations or any other regulations controlling the

27  development of land, except that this definition shall not

28  apply in s. 163.3213.

29         (25)(24)  "Public facilities" means major capital

30  improvements, including, but not limited to, transportation,

31  sanitary sewer, solid waste, drainage, potable water,


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1  educational, parks and recreational, and health systems and

 2  facilities, and spoil disposal sites for maintenance dredging

 3  located in the intracoastal waterways, except for spoil

 4  disposal sites owned or used by ports listed in s.

 5  403.021(9)(b).

 6         (26)(25)  "Downtown revitalization" means the physical

 7  and economic renewal of a central business district of a

 8  community as designated by local government, and includes both

 9  downtown development and redevelopment.

10         (27)(26)  "Urban redevelopment" means demolition and

11  reconstruction or substantial renovation of existing buildings

12  or infrastructure within urban infill areas or existing urban

13  service areas.

14         (28)(27)  "Urban infill" means the development of

15  vacant parcels in otherwise built-up areas where public

16  facilities such as sewer systems, roads, schools, and

17  recreation areas are already in place and the average

18  residential density is at least five dwelling units per acre,

19  the average nonresidential intensity is at least a floor area

20  ratio of 1.0 and vacant, developable land does not constitute

21  more than 10 percent of the area.

22         (29)(28)  "Projects that promote public transportation"

23  means projects that directly affect the provisions of public

24  transit, including transit terminals, transit lines and

25  routes, separate lanes for the exclusive use of public transit

26  services, transit stops (shelters and stations), office

27  buildings or projects that include fixed-rail or transit

28  terminals as part of the building, and projects which are

29  transit oriented and designed to complement reasonably

30  proximate planned or existing public facilities.

31  


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1         (30)(29)  "Existing urban service area" means built-up

 2  areas where public facilities and services such as sewage

 3  treatment systems, roads, schools, and recreation areas are

 4  already in place.

 5         (31)(30)  "Transportation corridor management" means

 6  the coordination of the planning of designated future

 7  transportation corridors with land use planning within and

 8  adjacent to the corridor to promote orderly growth, to meet

 9  the concurrency requirements of this chapter, and to maintain

10  the integrity of the corridor for transportation purposes.

11         (32)(31)  "Optional sector plan" means an optional

12  process authorized by s. 163.3245 in which one or more local

13  governments by agreement with the state land planning agency

14  are allowed to address development-of-regional-impact issues

15  within certain designated geographic areas identified in the

16  local comprehensive plan as a means of fostering innovative

17  planning and development strategies in s. 163.3177(11)(a) and

18  (b), furthering the purposes of this part and part I of

19  chapter 380, reducing overlapping data and analysis

20  requirements, protecting regionally significant resources and

21  facilities, and addressing extrajurisdictional impacts.

22         Section 3.  Paragraphs (a) and (g) of subsection (6) of

23  section 163.3177, Florida Statutes, are amended to read:

24         163.3177  Required and optional elements of

25  comprehensive plan; studies and surveys.--

26         (6)  In addition to the requirements of subsections

27  (1)-(5), the comprehensive plan shall include the following

28  elements:

29         (a)  A future land use plan element designating

30  proposed future general distribution, location, and extent of

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


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1  industry, agriculture, recreation, conservation, education,

 2  public buildings and grounds, other public facilities, and

 3  other categories of the public and private uses of land. Each

 4  future land use category must be defined in terms of uses

 5  included, and must include standards to be followed in the

 6  control and distribution of population densities and building

 7  and structure intensities. The proposed distribution,

 8  location, and extent of the various categories of land use

 9  shall be shown on a land use map or map series which shall be

10  supplemented by goals, policies, and measurable objectives.

11  The future land use plan shall be based upon surveys, studies,

12  and data regarding the area, including the amount of land

13  required to accommodate anticipated growth; the projected

14  population of the area; the character of undeveloped land; the

15  availability of public services; the vulnerability to natural

16  hazards and hazard mitigation; the need for redevelopment,

17  including the renewal of blighted areas and the elimination of

18  nonconforming uses which are inconsistent with the character

19  of the community; and, in rural communities, the need for job

20  creation, capital investment, and economic development that

21  will strengthen and diversify the community's economy. The

22  future land use plan may designate areas for future planned

23  development use involving combinations of types of uses for

24  which special regulations may be necessary to ensure

25  development in accord with the principles and standards of the

26  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


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 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. Each

14  local government shall include lands contiguous to existing

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

16  use categories in which public schools are an allowable use.

17  All comprehensive plans must comply with the school siting

18  requirements of this paragraph no later than October 1, 1999.

19  The failure by a local government to comply with these school

20  siting requirements by October 1, 1999, will result in the

21  prohibition of the local government's ability to amend the

22  local comprehensive plan, except for plan amendments described

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

24  met. Amendments proposed by a local government for purposes of

25  identifying the land use categories in which public schools

26  are an allowable use or for adopting or amending the

27  school-siting maps pursuant to s. 163.31776(3) are exempt from

28  the limitation on the frequency of plan amendments contained

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

30  criteria that encourage the location of schools proximate to

31  urban residential areas to the extent possible and shall


                                  9

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1  require that the local government seek to collocate public

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

 3  with schools to the extent possible and to encourage the use

 4  of elementary schools as focal points for neighborhoods. For

 5  schools serving predominantly rural counties, defined as a

 6  county with a population of 100,000 or fewer, an agricultural

 7  land use category shall be eligible for the location of public

 8  school facilities if the local comprehensive plan contains

 9  school siting criteria and the location is consistent with

10  such criteria.

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

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

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

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

15  coastal management element shall set forth the policies that

16  shall guide the local government's decisions and program

17  implementation with respect to the following objectives:

18         1.  Maintenance, restoration, and enhancement of the

19  overall quality of the coastal zone environment, including,

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

21         2.  Continued existence of viable populations of all

22  species of wildlife and marine life.

23         3.  The orderly and balanced utilization and

24  preservation, consistent with sound conservation principles,

25  of all living and nonliving coastal zone resources.

26         4.  Avoidance of irreversible and irretrievable loss of

27  coastal zone resources.

28         5.  Ecological planning principles and assumptions to

29  be used in the determination of suitability and extent of

30  permitted development.

31         6.  Proposed management and regulatory techniques.


                                  10

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1         7.  Limitation of public expenditures that subsidize

 2  development in high-hazard coastal areas.

 3         8.  Protection of human life against the effects of

 4  natural disasters and implementation of hazard mitigation

 5  strategies.

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

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

 8  commercial navigation and other related activities.

 9         10.  Preservation, including sensitive adaptive use of

10  historic and archaeological resources.

11         Section 4.  Paragraphs (d) and (f) of subsection (2) of

12  section 163.3178, Florida Statutes, are amended, and

13  subsection (9) is added to that section, to read:

14         163.3178  Coastal management.--

15         (2)  Each coastal management element required by s.

16  163.3177(6)(g) shall be based on studies, surveys, and data;

17  be consistent with coastal resource plans prepared and adopted

18  pursuant to general or special law; and contain:

19         (d)  A component which outlines principles for hazard

20  mitigation and protection of human life and property against

21  the effects of natural disaster, including population

22  evacuation and local hazard mitigation strategies, which take

23  into consideration the capability to safely evacuate the

24  density of coastal population proposed in the future land use

25  plan element in the event of an impending natural disaster.

26         (f)  A redevelopment component which outlines the

27  principles which shall be used to eliminate inappropriate and

28  unsafe development in the coastal areas when opportunities

29  arise. In recognition of the need to balance redevelopment,

30  the protection of human life and property, and public

31  investment in infrastructure, as a demonstration project up to


                                  11

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1  five local governments or a combination of local governments

 2  may amend their comprehensive plans to allow for the

 3  redevelopment of coastal areas within the designated coastal

 4  high hazard area. The application must include the

 5  participation of the county emergency management agency, as

 6  provided in s. 252.38, in which the local government or local

 7  governments are located.

 8         1.  To be eligible for the coastal redevelopment

 9  demonstration project, the following conditions must be met:

10  the area is part of a comprehensive redevelopment strategy

11  that will be incorporated into the comprehensive plan; the

12  area is consistent with the definition of "urban infill" or

13  "urban redevelopment"; the area is not within a designated

14  area of critical state concern; the comprehensive plan

15  delineates the coastal high hazard area consistent with this

16  part; and the county emergency management agency affirms in

17  writing its intent to participate in the demonstration

18  project.

19         2.  In order to allow for redevelopment within the

20  coastal high hazard area beyond that provided in the existing

21  approved comprehensive plan, the local government or

22  combination of local governments, authorized by agreement

23  pursuant to paragraph (9)(b) to pursue the demonstration

24  project, shall adopt into the comprehensive plan a

25  redevelopment strategy consistent with the requirements of

26  paragraph (6)(a), and local hazard mitigation strategies, that

27  include, at a minimum, the following components:

28         a.  Measures to reduce, replace, or eliminate unsafe

29  structures and properties subject to repetitive damage from

30  coastal storms and floods;

31  


                                  12

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1         b.  Measures to reduce exposure of infrastructure to

 2  hazards, including relocation and structural modification of

 3  threatened coastal infrastructure;

 4         c.  Operational and capacity improvements to ensure

 5  that the redevelopment strategy maintains, or reduces,

 6  throughout the planning timeframe the county hurricane

 7  evacuation clearance times as established in the most recent

 8  hurricane evacuation study or transportation analysis;

 9         d.  Where the county hurricane evacuation clearance

10  times exceed 16 hours for a Category 3 storm event, measures

11  to ensure that the redevelopment strategy reduces the county

12  shelter deficit and hurricane clearance times to adequate

13  levels below 16 hours within the planning timeframe;

14         e.  Measures that provide for county evacuation shelter

15  space to ensure that development authorized within the

16  redevelopment area provides mitigation proportional to its

17  impact to offset the increased demand on evacuation clearance

18  times and public shelter space;

19         f.  Measures to ensure that public expenditures that

20  subsidize development in the most vulnerable areas of the

21  coastal high hazard area are limited, except for that needed

22  to provide for public access to the beach and shoreline,

23  restore beaches and dunes and other natural systems, correct

24  existing hurricane evacuation deficiencies, or to make

25  facilities more disaster resistant;

26         g.  Measures that commit to planning and regulatory

27  standards that exceed minimum National Flood Insurance

28  Standards, including participation in the Community Rating

29  System of the National Flood Insurance Program;

30         h.  Measures to ensure that the redevelopment strategy

31  does not allow increases in development, including residential


                                  13

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1  and transient residential development such as hotels, motels,

 2  timeshares, and vacation rentals, within the most vulnerable

 3  areas of the coastal high hazard area, including the Flood

 4  Insurance Rate Map velocity zones, and areas subject to

 5  coastal erosion, including lands seaward of the coastal

 6  construction control line;

 7         i.  Measures to ensure protection of coastal resources,

 8  including beach and dune systems, and provide for public

 9  access to the beach and shoreline consistent with estimated

10  public needs;

11         j.  Data and analysis, including the potential costs of

12  damage to structures, property, and infrastructure which would

13  be less than that expected without the redevelopment strategy;

14         k.  Data and analysis forecasting the impacts on

15  shelter capacity and hurricane evacuation clearance times,

16  based on the population anticipated by the redevelopment

17  strategy; and

18         l.  The execution of an interlocal agreement, as

19  supporting data and analysis, between the local government or

20  a combination of local governments participating in the

21  demonstration project, together with their respective county

22  emergency management agency, and any affected municipalities

23  as needed, to implement mitigation strategies to reduce

24  hurricane evacuation clearance times and public shelter

25  deficit.

26  

27  The redevelopment strategy shall establish the preferred

28  character of the community and how that will be achieved.

29         (9)(a)  A local government seeking to implement the

30  coastal redevelopment demonstration project pursuant to

31  paragraph (2)(f) must submit an application to the state land


                                  14

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1  planning agency demonstrating that the project meets the

 2  conditions of subparagraph (2)(f)1. The application shall

 3  include copies of the local government comprehensive plan and

 4  other relevant information supporting the proposed

 5  demonstration project. The state land planning agency may

 6  adopt procedural rules governing the submission and review of

 7  applications and may establish a phased schedule for review of

 8  applications. The state land planning agency shall provide the

 9  Federal Emergency Planning Agency and the Division of

10  Emergency Management with an opportunity to comment on the

11  application.

12         (b)  If the local government meets the conditions of

13  subparagraph (2)(f)1., the state land planning agency and the

14  local government shall execute a written agreement that shall

15  be considered final agency action subject to challenge under

16  s. 120.569. The written agreement shall identify the area

17  subject to the increase in development potential, including

18  residential and transient residential development, state the

19  amount of such increase; identify the most vulnerable areas

20  not subject to increases in development; and describe how the

21  conditions of subparagraph (2)(f)2. are to be met. The state

22  land planning agency shall coordinate the review of hazard

23  mitigation strategies with the Federal Emergency Management

24  Agency and the Division of Emergency Management and include in

25  the written agreement conditions necessary to be addressed in

26  the comprehensive plan to meet the requirements of hurricane

27  evacuation, shelter, and hazard mitigation. The agreement

28  shall specify procedures for public participation and

29  intergovernmental coordination with the county emergency

30  management agency and any affected municipalities regarding

31  hurricane evacuation and shelter requirements. The local


                                  15

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1  governments shall provide an opportunity for public comment at

 2  a public hearing before execution of the agreement. Upon

 3  execution of the written agreement, the local government may

 4  propose plan amendments that are authorized by the agreement;

 5  provided that no such plan amendment may be adopted until the

 6  completion of any challenges to an agreement under s. 120.569.

 7         (c)  The state land planning agency shall provide a

 8  progress report on the demonstration project to the Governor,

 9  the President of the Senate, and the Speaker of the House of

10  Representatives by February 1, 2005.

11         Section 5.  Section 186.515, Florida Statutes, is

12  amended to read:

13         186.515  Creation of regional planning councils under

14  chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and

15  186.515 is intended to repeal or limit the provisions of

16  chapter 163; however, the local general-purpose governments

17  serving as voting members of the governing body of a regional

18  planning council created pursuant to ss. 186.501-186.507,

19  186.513, and 186.515 are not authorized to create a regional

20  planning council pursuant to chapter 163 unless an agency,

21  other than a regional planning council created pursuant to ss.

22  186.501-186.507, 186.513, and 186.515, is designated to

23  exercise the powers and duties in any one or more of ss.

24  163.3164(20)(19) and 380.031(15); in which case, such a

25  regional planning council is also without authority to

26  exercise the powers and duties in s. 163.3164(20)(19) or s.

27  380.031(15).

28         Section 6.  Paragraph (a) of subsection (2) of section

29  288.975, Florida Statutes, is amended to read:

30         288.975  Military base reuse plans.--

31         (2)  As used in this section, the term:


                                  16

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1         (a)  "Affected local government" means a local

 2  government adjoining the host local government and any other

 3  unit of local government that is not a host local government

 4  but that is identified in a proposed military base reuse plan

 5  as providing, operating, or maintaining one or more public

 6  facilities as defined in s. 163.3164(25)(24) on lands within

 7  or serving a military base designated for closure by the

 8  Federal Government.

 9         Section 7.  Subsection (5) of section 369.303, Florida

10  Statutes, is amended to read:

11         369.303  Definitions.--As used in this part:

12         (5)  "Land development regulation" means a regulation

13  covered by the definition in s. 163.3164(24)(23) and any of

14  the types of regulations described in s. 163.3202.

15         Section 8.  Paragraph (n) of subsection (25) of section

16  380.06, Florida Statutes, is amended to read:

17         380.06  Developments of regional impact.--

18         (25)  AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.--

19         (n)  After a development order approving an areawide

20  development plan is received, changes shall be subject to the

21  provisions of subsection (19), except that the percentages and

22  numerical criteria shall be double those listed in paragraph

23  (19)(b) and the extension of the date of buildout of a

24  development, or any phase thereof, by 5 years or more but less

25  than 10 years shall be presumed not to create a substantial

26  deviation where the areawide DRI remains consistent with the

27  local comprehensive planning except for transportation

28  concurrency provisions. However, the areawide DRI must remain

29  in compliance with the transportation mitigation plan of the

30  local government development order.

31  


                                  17

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1         Section 9.  Paragraph (c) of subsection (1) of section

 2  163.3174, Florida Statutes, is created to read:

 3         163.3174  Local planning agency.--

 4         (1)

 5         (c)  The Legislature recognizes that many larger

 6  municipalities within charter counties have the technical

 7  planning staff to effectively implement and enforce a

 8  comprehensive plan and develop and achieve a community vision

 9  within their boundaries. Notwithstanding paragraph (b) or any

10  other provision of law to the contrary, each municipality with

11  a population greater than 10,000, located in a charter county,

12  not operating under a home rule charter adopted pursuant to

13  ss. 10, 11, and 24, Art. VIII of the Constitution of 1885, as

14  preserved by s. 6(e), Art. VIII of the Constitution of 1968

15  with a population greater than 1,500,000 and more than 25

16  municipalities, shall have exclusive planning authority,

17  including, but not limited to, development order approval and

18  zoning and comprehensive planning for the area under its

19  municipal jurisdiction. However, a municipality located in

20  such a county may delegate planning authority for the area

21  under its municipal jurisdiction to the county if the

22  governing body of the municipality adopts a resolution

23  approving the delegation to the county. A charter county, as

24  described in this paragraph, may provide written comments on a

25  proposed land use change within a municipality's jurisdiction

26  and provide planning assistance if requested by the

27  municipality.

28         Section 10.  If any provision of this act or the

29  application thereof to any person or circumstance is held

30  invalid, the invalidity does not affect other provisions or

31  applications of this act which can be given effect without the


                                  18

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2688                                 First Engrossed



 1  invalid provision or application, and to this end the

 2  provisions of this act are declared severable.

 3         Section 11.  This act shall take effect upon becoming a

 4  law.

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  19

CODING: Words stricken are deletions; words underlined are additions.